[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 571 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 571

To amend the Pilot's Bill of Rights to facilitate appeals and to apply 
to other certificates issued by the Federal Aviation Administration, to 
     require the revision of the third class medical certification 
  regulations issued by the Federal Aviation Administration, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2015

 Mr. Inhofe (for himself, Mr. Manchin, Mr. Boozman, Mrs. Shaheen, Mr. 
Daines, Mr. Casey, Mr. Wicker, Ms. Heitkamp, Mr. Moran, Mr. Tester, Mr. 
  Roberts, Mr. Barrasso, and Mr. King) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Pilot's Bill of Rights to facilitate appeals and to apply 
to other certificates issued by the Federal Aviation Administration, to 
     require the revision of the third class medical certification 
  regulations issued by the Federal Aviation Administration, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pilot's Bill of Rights 2''.

SEC. 2. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT PILOTS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator of the Federal Aviation 
Administration shall issue or revise medical certification regulations 
to ensure that an individual may operate as pilot in command of a 
covered aircraft without regard to any medical certification or proof 
of health requirement otherwise applicable under Federal law if--
            (1) the individual possesses a valid State driver's license 
        and complies with any medical requirement associated with that 
        license;
            (2) the individual is transporting not more than 5 
        passengers;
            (3) the individual is operating under visual flight rules 
        or instrument flight rules; and
            (4) the relevant flight, including each portion thereof, is 
        not carried out--
                    (A) for compensation, including that no passenger 
                or property on the flight is being carried for 
                compensation;
                    (B) at an altitude that is more than 14,000 feet 
                above mean sea level;
                    (C) outside the United States, unless authorized by 
                the country in which the flight is conducted; or
                    (D) at an indicated air speed exceeding 250 knots.
    (b) Covered Aircraft Defined.--In this section, the term ``covered 
aircraft'' means an aircraft that--
            (1) is not authorized under Federal law to carry more than 
        6 occupants; and
            (2) has a maximum certificated takeoff weight of not more 
        than 6,000 pounds.
    (c) Report Required.--Not later than 5 years after the date of the 
enactment of this Act, the Administrator shall submit to Congress a 
report that describes the effect of the regulations issued or revised 
under subsection (a) and includes statistics with respect to changes in 
small aircraft activity and safety incidents.
    (d) Prohibition on Enforcement Actions.--On and after the date that 
is 180 days after the date of the enactment of this Act, the 
Administrator may not take an enforcement action for not holding a 
valid third-class medical certificate against a pilot of a covered 
aircraft for a flight if the pilot and the flight meet the applicable 
requirements under paragraphs (1) through (4) of subsection (a) unless 
the Administrator has published final regulations in the Federal 
Register under subsection (a).

SEC. 3. EXPANSION OF PILOT'S BILL OF RIGHTS.

    (a) Appeals Not Subject to Exhaustion of Administrative Remedies.--
            (1) In general.--Section 2(d)(1) of the Pilot's Bill of 
        Rights (Public Law 112-153; 126 Stat. 1159; 49 U.S.C. 44703 
        note) is amended to read as follows:
            ``(1) In general.--Upon a decision by the Administrator 
        denying a covered certificate, or imposing a punitive civil 
        action or an order of revocation under section 44709 of title 
        49, United States Code, a person substantially affected by the 
        decision may, at the person's election, file an appeal with the 
        National Transportation Safety Board or, without further 
        administrative review, in the United States district court in 
        which the person resides or in which the action in question 
        occurred, or in the United States District Court for the 
        District of Columbia.''.
            (2) Conforming amendment.--Section 2(d)(2) of such Act is 
        amended by striking ``Federal district court'' and inserting 
        ``United States district court''.
    (b) De Novo Review by District Court; Burden of Proof.--Section 
2(e) of such Act is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--In an appeal filed under subsection (d) 
        in a United States district court with respect to a denial, 
        suspension, or revocation of a covered certificate by the 
        Administrator--
                    ``(A) the district court shall review the denial, 
                suspension, or revocation de novo, including by--
                            ``(i) conducting a full independent review 
                        of the complete administrative record of the 
                        denial, suspension, or revocation;
                            ``(ii) permitting additional discovery and 
                        the taking of additional evidence; and
                            ``(iii) making the findings of fact and 
                        conclusions of law required by Rule 52 of the 
                        Federal Rules of Civil Procedure without being 
                        bound to any facts found by the Administrator 
                        or the National Transportation Safety Board; 
                        and
                    ``(B) the Administrator shall bear the burden of 
                proof.''; and
            (2) by adding at the end the following:
            ``(3) Applicability of administrative procedure act.--
        Notwithstanding paragraph (1)(A) or subsection (a)(1) of 
        section 554 of title 5, United States Code, that section 
        applies to adjudications of the Administrator and the National 
        Transportation Safety Board to the same extent as that section 
        applied to such adjudications before the date of the enactment 
        of the Pilot's Bill of Rights 2.''.
    (c) Expansion to All Certificates Issued by Federal Aviation 
Administration.--
            (1) In general.--Section 2 of such Act is amended--
                    (A) in subsection (a)--
                            (i) by striking ``subpart C, D, or F of''; 
                        and
                            (ii) by striking ``an airman certificate'' 
                        and inserting ``a covered certificate''; and
                    (B) in subsection (b)(1), by striking ``an airman 
                certificate under chapter 447 of title 49, United 
                States Code'' and inserting ``a covered certificate''.
            (2) Covered certificate defined.--Section 2 of such Act is 
        amended by adding at the end the following:
    ``(k) Covered Certificate Defined.--In this section, the term 
`covered certificate' means an airman certificate, design organization 
certificate, holder of type certificate, production certificate, 
airworthiness certificate, air carrier operating certificate, airport 
operating certificate, air agency certificate, air navigation facility 
certificate, medical certificate, or any other authorization issued by 
the Administrator under chapter 447 of title 49, United States Code.''.
            (3) Conforming amendments.--Section 2 of such Act, as 
        amended by this subsection, is further amended--
                    (A) in subsection (b)(4)(C)--
                            (i) in clause (i), by striking ``Any 
                        individual'' and inserting ``Any person'';
                            (ii) in clauses (ii) and (iii), in the 
                        clause headings, by striking ``individual'' and 
                        inserting ``person''; and
                            (iii) in clause (iii)(II), by striking 
                        ``the requesting individual'' and inserting 
                        ``the requesting person'';
                    (B) by striking ``the individual's'' each place it 
                appears and inserting ``the person's'';
                    (C) by striking ``the individual'' each place it 
                appears and inserting ``the person''; and
                    (D) by striking ``an individual'' each place it 
                appears and inserting ``a person''.
    (d) Notification of Investigation.--Section 2 of such Act is 
further amended--
            (1) by striking subsection (c);
            (2) by redesignating paragraph (5) of subsection (b) as 
        subsection (c), and by moving such subsection, as so 
        redesignated, two ems to the left;
            (3) in subsection (b)--
                    (A) in paragraph (2)(A), by inserting ``and the 
                specific incident or incidents on which the 
                investigation is based'' after ``nature of the 
                investigation'';
                    (B) in paragraph (3), by striking ``timely'';
                    (C) by redesignating paragraph (4) as paragraph 
                (5); and
                    (D) by inserting after paragraph (3) the following:
            ``(4) Failure to provide information.--If the Administrator 
        does not provide a person with the notification required by 
        paragraph (1) with respect to an investigation relating to the 
        approval, denial, suspension, modification, or revocation of a 
        covered certificate, including all of the information required 
        under paragraph (2), the Administrator may not--
                    ``(A) retain records of the investigation;
                    ``(B) deny, suspend, or revoke the covered 
                certificate;
                    ``(C) seek a civil penalty or other punitive action 
                against the person; or
                    ``(D) in any way take action, including issuance of 
                a warning letter or letter of correction or any other 
                administrative action, with regard to the matter that 
                was the subject of the investigation.''; and
            (4) in subsection (c), as redesignated by paragraph (2), by 
        striking ``section 44709(c)(2)'' and inserting ``section 
        44709(e)(2)''.
    (e) Release of Investigative Reports.--Section 2 of such Act is 
amended by inserting after subsection (e) the following:
    ``(f) Release of Investigative Reports.--
            ``(1) In general.--
                    ``(A) Emergency orders.--In any proceeding 
                conducted under part 821 of title 49, Code of Federal 
                Regulations, relating to denial, amendment, 
                modification, suspension, or revocation of a covered 
                certificate, in which the Administrator issues an 
                emergency order of revocation under subsections (d) and 
                (e) of section 44709 of title 49, United States Code, 
                an emergency order under section 46105(c) of such 
                title, or another order that takes effect immediately, 
                the Administrator shall provide to the person holding 
                the covered certificate the releasable portion of the 
                investigative report before issuing the order.
                    ``(B) Other orders.--In any proceeding conducted 
                under part 821 of title 49, Code of Federal 
                Regulations, relating to denial, amendment, 
                modification, suspension, or revocation of a covered 
                certificate, in which the Administrator notifies the 
                holder of the covered certificate of a proposed action 
                under subsections (b) and (c) of section 44709 of title 
                49, United States Code, the Administrator shall, upon 
                request of the holder of the covered certificate and at 
                any time after that notification, provide to the holder 
                of the covered certificate the releasable portion of 
                the investigative report.
            ``(2) Motion for dismissal.--If the Administrator does not 
        provide the investigative report to the person holding the 
        covered certificate subject to the proceeding referred to in 
        paragraph (1) by the time required by that paragraph, the 
        person may move to dismiss the complaint of the Administrator 
        or for other relief and, unless the Administrator establishes 
        good cause for the failure to provide the investigative report, 
        the administrative law judge shall order such relief as the 
        judge considers appropriate.
            ``(3) Releasable portion of report.--For purposes of 
        paragraph (1), the releasable portion of an investigative 
        report is all information in the report, except for the 
        following:
                    ``(A) Information that is privileged.
                    ``(B) Information that constitutes work product or 
                reflects internal deliberative process.
                    ``(C) Information that would disclose the identity 
                of a confidential source.
                    ``(D) Information the disclosure of which is 
                prohibited by any other provision of law.
                    ``(E) Information that is not relevant to the 
                subject matter of the proceeding.
                    ``(F) Information the Administrator can demonstrate 
                is withheld for good cause.
                    ``(G) Sensitive security information, as defined in 
                section 15.5 of title 49, Code of Federal Regulations 
                (or any corresponding similar ruling or regulation).
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to prevent the Administrator from releasing 
        to a person subject to an investigation described in subsection 
        (b)(1)--
                    ``(A) information in addition to the information 
                included in the releasable portion of the investigative 
                report; or
                    ``(B) a copy of the investigative report before the 
                Administrator issues a complaint.''.
    (f) Limitation on Document Requests.--Section 2 of such Act, as 
amended by subsection (e), is further amended by inserting after 
subsection (f) the following:
    ``(g) Limitation on Document Requests.--In any case in which the 
Administrator initiates an investigation described in subsection (b)(1) 
with respect to a person, the Administrator and the investigating 
officials may request documents from the person only if the request is 
limited and narrowly tailored to issues in the investigation.''.
    (g) Response to Requests by Repair Stations To Settle or 
Withdraw.--Section 2 of such Act, as amended by subsections (e) and 
(f), is further amended by inserting after subsection (g) the 
following:
    ``(h) Response to Requests by Repair Stations To Settle or 
Withdraw.--The Administrator shall respond to a written request by a 
repair station holding a certificate under part 145, Code of Federal 
Regulations, that is subject to an investigation described in 
subsection (b)(1) to withdraw from or settle a proceeding relating to 
the investigation not later than 30 calendar days after receiving the 
request.''.
    (h) Limitation on Retention of Records.--Section 2 of such Act, as 
amended by subsections (e), (f), and (g), is further amended by 
inserting after subsection (h) the following:
    ``(i) Limitation on Retention of Records.--The Administrator shall 
expunge the record of any investigation described in subsection (b)(1) 
with respect to a covered certificate that does not lead to the denial, 
suspension, modification, or revocation of the certificate not later 
than 90 days after the Administrator determines not to deny, suspend, 
modify, or revoke the certificate.
    ``(j) Prohibition on Publicizing Pending Enforcement Actions.--The 
Administrator may not indicate in the publicly accessible records of a 
person holding a covered certificate who is the subject of an 
investigation described in subsection (b)(1) any information that is 
different from information in such records of an airman who is not 
under such an investigation.''.

SEC. 4. LIMITATIONS ON REEXAMINATION OF CERTIFICATE HOLDERS.

    (a) In General.--Section 44709 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``and 
                Reexamination'';
                    (B) by striking ``The Administrator'' and inserting 
                the following:
            ``(1) In general.--The Administrator'';
                    (C) by striking ``, or reexamine an airman holding 
                a certificate issued under section 44703 of this 
                title''; and
                    (D) by adding at the end the following:
            ``(2) Reexamination of airmen certificates.--
                    ``(A) In general.--The Administrator may reexamine 
                an airman holding a certificate issued under section 
                44703 of this title only if the Administrator has 
                reasonable grounds--
                            ``(i) to question the airman's lack of 
                        competence based on acts or omissions committed 
                        while the airman was exercising the privileges 
                        of the certificate; or
                            ``(ii) to believe the airman obtained the 
                        certificate through fraudulent means.
                    ``(B) Notification requirements.--Before taking any 
                action to reexamine an airman holding a certificate 
                issued under section 44703 of this title, the 
                Administrator shall provide to the airman--
                            ``(i) the specific justification for the 
                        reexamination; and
                            ``(ii) any releasable information gathered 
                        by the Federal Aviation Administration that 
                        form the basis for that justification.''.
    (b) Modification, Suspension, or Revocation of Airmen Certificates 
After Reexamination.--Section 44709(b) of such title is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), and by moving such clauses, as so redesignated, 
        two ems to the right;
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), and by moving such subparagraphs, as 
        so redesignated, two ems to the right;
            (3) by striking ``The Administrator'' and inserting the 
        following:
            ``(1) In general.--The Administrator''; and
            (4) by adding at the end the following:
            ``(2) Modification, suspension, or revocation of airmen 
        certificates after reexamination.--The Administrator may not 
        amend, modify, suspend, or revoke an airman certificate issued 
        under section 44703 of this title after a reexamination of the 
        airman holding the certificate unless the Administrator 
        demonstrates by a preponderance of the evidence that the 
        airman--
                    ``(A) lacks the skills and competency, or care, 
                judgment, and responsibility, necessary to hold the 
                certificate; or
                    ``(B) materially contributed to the issuance of the 
                certificate by fraudulent means.''.
    (c) Appeals.--Section 44709(f) of such title is amended--
            (1) by striking ``A person'' and inserting the following:
            ``(1) In general.--A person''; and
            (2) by adding at the end the following:
            ``(2) Appeals relating to reexamination of airmen 
        certificates.--If the Administrator amends, modifies, suspends, 
        or revokes an airman certificate after reexamination of the 
        airman holding the certificate in violation of subsection 
        (a)(2), the airman may elect to file an appeal in the United 
        States district court in which the airman resides or in which 
        the action in question occurred, or in the United States 
        District Court for the District of Columbia, instead of filing 
        an appeal with the Board under subsection (d).''.
    (d) Conforming Amendments.--Section 44709(d)(1) of such title is 
amended--
            (1) in subparagraph (A), by striking ``subsection 
        (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and
            (2) in subparagraph (B), by striking ``subsection 
        (b)(1)(B)'' and inserting ``subsection (b)(1)(A)(ii)''.

SEC. 5. EXPEDITING UPDATES TO NOTAM PROGRAM.

    (a) In General.--The Administrator of the Federal Aviation 
Administration may not take any enforcement action, on or after the 
date that is 180 days after the date of the enactment of this Act, 
against any individual for a violation of a NOTAM (as defined in 
section 3 of the Pilot's Bill of Rights (49 U.S.C. 44701 note)) until 
the Administrator certifies that the Administrator has complied with 
the requirements of section 3 of the Pilot's Bill of Rights, as amended 
by this section, to--
            (1) the Committee on Appropriations and the Committee on 
        Commerce, Science, and Transportation of the Senate; and
            (2) the Committee on Appropriations and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
    (b) Amendments.--Section 3 of the Pilot's Bill of Rights (Public 
Law 112-153; 126 Stat. 1162; 49 U.S.C. 44701 note) is amended--
            (1) in subsection (a)(2)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``this Act'' and inserting 
                        ``the Pilot's Bill of Rights 2''; and
                            (ii) by striking ``begin'' and inserting 
                        ``complete the implementation of'';
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) to establish a repository, in a public 
                central location, to maintain and archive all NOTAMs, 
                including the original content and form of the notices, 
                the original date of publication, and any amendments to 
                such notices with the date of each amendment, in a 
                manner that is Internet-accessible, machine-readable, 
                and searchable;'';
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting a semicolon; and
                    (D) by adding at the end the following:
                    ``(D) to establish a rating system to prioritize 
                each NOTAM by the urgency and importance of the NOTAM; 
                and
                    ``(E) to specify the times during which temporary 
                flight restrictions are in effect and the duration of a 
                designation of special use airspace in a specific 
                area.''; and
            (2) by amending subsection (d) to read as follows:
    ``(d) Designation of Repository as Sole Source for NOTAMs.--
            ``(1) In general.--The Administrator--
                    ``(A) shall consider the repository for NOTAMs 
                established under subsection (a)(2)(B) to be the sole 
                location for airmen to check for NOTAMs; and
                    ``(B) may not consider a NOTAM to be announced and 
                published until the NOTAM is included in the 
                repository.
            ``(2) Prohibition on taking action for violations of notams 
        not in repository.--
                    ``(A) In general.--Except as provided in 
                subparagraph (A), on and after the date on which the 
                repository established under subsection (a)(2)(B) is 
                final and published, the Administrator may not take any 
                enforcement action against an airman for a violation of 
                a NOTAM during a flight if that NOTAM is not available 
                through the repository before the commencement of the 
                flight and reasonably accessible and identifiable to 
                the airman.
                    ``(B) Exception for national security.--
                Subparagraph (A) shall not apply in the case of an 
                enforcement action for a violation of a NOTAM that 
                directly relates to national security.''.

SEC. 6. ACCESSIBILITY OF CERTAIN FLIGHT DATA.

    (a) In General.--Subchapter I of chapter 471 of title 49, United 
States Code, is amended by inserting after section 47124 the following:
``Sec. 47124a. Accessibility of certain flight data
    ``(a) Definitions.--In this section:
            ``(1) Contract tower.--The term `contract tower' means an 
        air traffic control tower providing air traffic control 
        services pursuant to a contract with the Federal Aviation 
        Administration under the Contract Tower Program under section 
        47124(b)(3).
            ``(2) Covered flight record.--The term `covered flight 
        record' means any flight data, including air traffic data (as 
        defined in section 2(b)(4)(B) of the Pilot's Bill of Rights (49 
        U.S.C. 44703 note)), created, maintained, or controlled by any 
        program of the Federal Aviation Administration, whether carried 
        out by employees or contractors of the Federal Aviation 
        Administration, including contract towers, flight service 
        stations, and controller training programs.
    ``(b) Provision of Covered Flight Data to Federal Aviation 
Administration.--
            ``(1) Request from federal aviation administration.--When 
        the Federal Aviation Administration receives a request, 
        pursuant to section 552 of title 5, United States Code, for a 
        covered flight record that is not in the possession of the 
        Federal Aviation Administration, the Administrator of the 
        Federal Aviation Administration shall request the record from 
        the contract tower or other contractor of the Federal Aviation 
        Administration that possesses the record.
            ``(2) Provision of records to federal aviation 
        administration.--Any covered flight record created, maintained, 
        or controlled by a contract tower or another contractor of the 
        Federal Aviation Administration that maintains covered flight 
        records shall be provided to the Federal Aviation 
        Administration if the Federal Aviation Administration requests 
        the record pursuant to paragraph (1).
    ``(c) Applicability of FOIA.--After the Federal Aviation 
Administration receives a covered flight record under subsection (b), 
that record shall be--
            ``(1) considered an agency record of the Federal Aviation 
        Administration for purposes of section 552(f)(2) of title 5, 
        United States Code; and
            ``(2) subject to section 552 of title 5, United States Code 
        (commonly known as the `Freedom of Information Act'), to the 
        same extent as if the record was created, maintained, and 
        controlled by the Federal Aviation Administration.
    ``(d) Withholding of Information.--The Administrator of the Federal 
Aviation Administration may withhold information that would otherwise 
be required to be made available under this section only if--
            ``(1) the Administrator determines, based on information in 
        the possession of the Administrator, that the Administrator may 
        withhold the information in accordance with section 552(b) of 
        title 5, United States Code; or
            ``(2) the information is voluntarily provided safety- or 
        security-related information covered by section 40123.
    ``(e) Format of Records.--Each contract tower or other contractor 
of the Federal Aviation Administration that maintains covered flight 
records shall maintain records relating to covered flight records in 
formats that are readily reproducible and reasonably searchable by the 
Federal Aviation Administration.
    ``(f) Regulations.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of the Pilot's Bill of Rights 2, the 
        Administrator shall promulgate regulations or guidance to 
        ensure compliance with this section by the Federal Aviation 
        Administration, contract towers, and other contractors of the 
        Federal Aviation Administration that maintain covered flight 
        records.
            ``(2) Compliance by applicable entities.--
                    ``(A) In general.--Compliance with this section by 
                a contract tower or other contractor of the Federal 
                Aviation Administration that maintains covered flight 
                records shall be included as a material term in any 
                contract between the Federal Aviation Administration 
                and the contract tower or contractor entered into or 
                renewed on or after the date of the enactment of the 
                Pilot's Bill of Rights 2.
                    ``(B) Modification of contract or agreement.--Not 
                later than one year after the date of the enactment of 
                the Pilot's Bill of Rights 2, the Administrator shall 
                secure a modification to include compliance with this 
                section by each contract tower and other contractor of 
                the Federal Aviation Administration that maintains 
                covered flight records as a material term in any 
                contract between the Federal Aviation Administration 
                and the contract tower or contractor that will not 
                otherwise be renegotiated, renewed, or modified before 
                the date that is one year after such date of 
                enactment.''.
    (b) Clerical Amendment.--The table of sections for chapter 471 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 47124 the following:

``47124a. Accessibility of certain flight data.''.

SEC. 7. LIMITATION OF LIABILITY FOR CERTAIN INDIVIDUALS DESIGNATED AS 
              REPRESENTATIVES OF THE FEDERAL AVIATION ADMINISTRATION.

    (a) In General.--Any individual designated by the Administrator of 
the Federal Aviation Administration under subpart C of part 183 of 
title 14, Code of Federal Regulations, to act as a representative of 
the Administrator, including an aviation medical examiner, pilot 
examiner, or designated airworthiness representative, shall, when 
carrying out duties pursuant to that designation and without regard to 
the individual's employer--
            (1) be considered to be performing an activity necessary to 
        safeguard a uniquely Federal interest; and
            (2) not be liable in a civil action for actions performed 
        with reasonable care in connection with those duties.
    (b) Fraudulent Misconduct.--This section does not relieve an 
individual described in subsection (a) that causes harm to any person 
through intentional or fraudulent misconduct while carrying out duties 
pursuant to that subsection from any penalty applicable under any 
provision of law for that misconduct.

SEC. 8. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CERTAIN NOTICES.

    Not later than 180 days after the date of the enactment of this 
Act, the Administrator of the Federal Aviation Administration shall 
revise section 13.11 of title 14, Code of Federal Regulations, to 
authorize legal counsel to close enforcement actions covered by that 
section with a warning notice, letter of correction, or other 
administrative action.

SEC. 9. LIABILITY PROTECTION FOR VOLUNTEER PILOTS THAT FLY FOR THE 
              PUBLIC BENEFIT.

    (a) Findings and Purpose.--
            (1) Findings.--Congress finds the following:
                    (A) Many volunteer pilot nonprofit organizations 
                fly for public benefit and provide valuable services to 
                communities and individuals.
                    (B) In each calendar year, volunteer pilot 
                nonprofit organizations provide long-distance, no-cost 
                transportation for tens of thousands of people during 
                times of special need.
                    (C) Such nonprofit organizations are no longer able 
                to purchase liability insurance for aircraft they do 
                not own to provide liability protection at a reasonable 
                price, and therefore face a highly detrimental 
                liability risk.
                    (D) Such nonprofit organizations have supported the 
                homeland security of the United States by providing 
                volunteer pilot services during times of national 
                emergency.
            (2) Purpose.--The purpose of this section is to promote the 
        activities of volunteer pilot nonprofit organizations that fly 
        for public benefit and to sustain the availability of the 
        services that such nonprofit organizations provide, including 
        the following:
                    (A) Transportation at no cost to financially needy 
                medical patients for medical treatment, evaluation, and 
                diagnosis.
                    (B) Flights for humanitarian and charitable 
                purposes.
                    (C) Other flights of compassion.
    (b) Liability Protection for Volunteer Pilot Nonprofit 
Organizations That Fly for Public Benefit and to Pilots and Staff of 
Such Nonprofit Organizations.--Section 4 of the Volunteer Protection 
Act of 1997 (42 U.S.C. 14503) is amended--
            (1) in subsection (a)(4)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively;
                    (B) by striking ``the harm'' and inserting ``(A) 
                except in the case of subparagraph (B), the harm'';
                    (C) in subparagraph (A)(ii), as redesignated by 
                this paragraph, by striking the period at the end and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(B) the volunteer--
                            ``(i) was operating an aircraft in 
                        furtherance of the purpose of a volunteer pilot 
                        nonprofit organization that flies for public 
                        benefit; and
                            ``(ii) was properly licensed and insured 
                        for the operation of such aircraft.''; and
            (2) in subsection (c)--
                    (A) by striking ``Nothing in this section'' and 
                inserting the following:
            ``(1) In general.--Except as provided in paragraph (2), 
        nothing in this section''; and
                    (B) by adding at the end the following:
            ``(2) Exception.--A volunteer pilot nonprofit organization 
        that flies for public benefit, the staff, mission coordinators, 
        officers, and directors (whether volunteer or otherwise) of 
        that nonprofit organization, and a referring agency of that 
        nonprofit organization shall not be liable for harm caused to 
        any person by a volunteer of the nonprofit organization while 
        the volunteer--
                    ``(A) is operating an aircraft in furtherance of 
                the purpose of the nonprofit organization;
                    ``(B) is properly licensed for the operation of the 
                aircraft; and
                    ``(C) has certified to the nonprofit organization 
                that the volunteer has insurance covering the 
                volunteer's operation of the aircraft.''.
                                 <all>