Pilot’s Bill of Rights
Public Law 112–153, as amended
Pilot’s Bill of Rights
153
118–63
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20240419
2024-05-31
Pilot’s Bill of Rights
FAA Reauthorization Act of 2024
11475
112
2012-08-03
Pilot’s Bill of Rights
[(Public Law 112–153)]
[As Amended Through P.L. 118–63, Enacted May 16, 2024]
[Currency: This publication is a compilation of the text of Public Law 112–153. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To amend title 49, United States Code, to provide rights for pilots, 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.
[49 U.S.C. 40101 note]

SHORT TITLE.
This Act may be cited as the “Pilot’s Bill of Rights”.
SEC. 2.
[49 U.S.C. 44703 note]

FEDERAL AVIATION ADMINISTRATION ENFORCEMENT PROCEEDINGS AND ELIMINATION OF DEFERENCE.
(a)

In General.—
Any proceeding conducted under subpart C, D, or F of part 821 of title 49, Code of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of an airman certificate, shall be conducted, to the extent practicable, in accordance with the Federal Rules of Civil Procedure and the Federal Rules of Evidence.
(b)

Access to Information.—
(1)

In general.—
Except as provided under paragraph (3), the Administrator of the Federal Aviation Administration (referred to in this section as the “Administrator”) shall provide timely, written notification to an individual who is the subject of an investigation relating to the approval, denial, suspension, modification, or revocation of an airman certificate under chapter 447 of title 49, United States Code.
(2)

Information required.—
The notification required under paragraph (1) shall inform the individual—
(A)
of the nature of the investigation and the specific activity on which the investigation is based;
(B)
that an oral or written response to a Letter of Investigation from the Administrator is not required;
(C)
that no action or adverse inference can be taken against the individual for declining to respond to a Letter of Investigation from the Administrator;
(D)
that any response to a Letter of Investigation from the Administrator or to an inquiry made by a representative of the Administrator by the individual may be used as evidence against the individual;
(E)
that the releasable portions of the Administrator’s investigative report will be available to the individual; and
(F)
that the individual is entitled to access or otherwise obtain air traffic data described in paragraph (4).
(3)

Exception.—
The Administrator may delay notification under paragraph (1) if the Administrator determines that such notification may threaten the integrity of the investigation.
(4)

Access to air traffic data.—
(A)

FAA air traffic data.—
The Administrator shall provide an individual described in paragraph (1) with timely access to any air traffic data in the possession of the Federal Aviation Administration that would facilitate the individual’s ability to productively participate in a proceeding relating to an investigation described in such paragraph.
(B)

Air traffic data defined.—
As used in subparagraph (A), the term “air traffic data” includes—
(i)
relevant air traffic communication tapes;
(ii)
radar information;
(iii)
air traffic controller statements;
(iv)
flight data;
(v)
investigative reports; and
(vi)
any other air traffic or flight data in the Federal Aviation Administration’s possession that would facilitate the individual’s ability to productively participate in the proceeding.
(C)

Government contractor air traffic data.—
(i)

In general.—
Any individual described in paragraph (1) is entitled to obtain any air traffic data that would facilitate the individual’s ability to productively participate in a proceeding relating to an investigation described in such paragraph from a government contractor that provides operational services to the Federal Aviation Administration, including control towers and flight service stations.
(ii)

Required information from individual.—
The individual may obtain the information described in clause (i) by submitting a request to the Administrator that—
(I)
describes the facility at which such information is located; and
(II)
identifies the date on which such information was generated.
(iii)

Provision of information to individual.—
If the Administrator receives a request under this subparagraph, the Administrator shall—
(I)
request the contractor to provide the requested information; and
(II)
upon receiving such information, transmitting the information to the requesting individual in a timely manner.
(5)

Timing.—
Except when the Administrator determines that an emergency exists under section 44709(e)(2) or 46105(c), the Administrator may not proceed against an individual that is the subject of an investigation described in paragraph (1) during the 30-day period beginning on the date on which the air traffic data required under paragraph (4) is made available to the individual.
(6)

Response to letter of investigation.—
(A)

In general.—
If an individual decides to respond to a Letter of Investigation described in paragraph (2)(B), such individual may respond not later than 30 days after receipt of such Letter, including providing written comments on the incident to the investigating office.
(B)

Construction.—
Nothing in this paragraph shall be construed to diminish the authority of the Administrator (as of the day before the date of enactment of the FAA Reauthorization Act of 2024) to take emergency action relating to an airman certificate.
(c)
[49 U.S.C. 44703]

Amendments to Title 49.—
(1)

Airman certificates.—
Section 44703(d)(2) of title 49, United States Code, is amended by striking “but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law”.
(2)
[49 U.S.C. 44709]

Amendments, modifications, suspensions, and revocations of certificates.—
Section 44709(d)(3) of such title is amended by striking “but is bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law”.
(3)
[49 U.S.C. 44710]

Revocation of airman certificates for controlled substance violations.—
Section 44710(d)(1) of such title is amended by striking “but shall be bound by all validly adopted interpretations of laws and regulations the Administrator carries out and of written agency policy guidance available to the public related to sanctions to be imposed under this section unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law”.
(d)

Appeal From Certificate Actions.—
(1)

In general.—
Upon a decision by the National Transportation Safety Board upholding an order or a final decision by the Administrator denying an airman certificate under section 44703(d) of title 49, United States Code, or imposing a punitive civil action or an emergency order of revocation under subsections (d) and (e) of section 44709 of such title, an individual substantially affected by an order of the Board may, at the individual’s election, file an appeal in the United States district court in which the individual resides or in which the action in question occurred, or in the United States District Court for the District of Columbia. If the individual substantially affected by an order of the Board elects not to file an appeal in a United States district court, the individual may file an appeal in an appropriate United States court of appeals.
(2)

Emergency order pending judicial review.—
Subsequent to a decision by the Board to uphold an Administrator’s emergency order under section 44709(e)(2) of title 49, United States Code, and absent a stay of the enforcement of that order by the Board, the emergency order of amendment, modification, suspension, or revocation of a certificate shall remain in effect, pending the exhaustion of an appeal to a Federal district court as provided in this Act.
(e)

Standard of Review.—
(1)

In general.—
In an appeal filed under subsection (d) in a United States district court, the district court shall give full independent review of a denial, suspension, or revocation ordered by the Administrator, including substantive independent and expedited review of any decision by the Administrator to make such order effective immediately.
(2)

Evidence.—
A United States district court’s review under paragraph (1) shall include in evidence any record of the proceeding before the Administrator and any record of the proceeding before the National Transportation Safety Board, including hearing testimony, transcripts, exhibits, decisions, and briefs submitted by the parties.
(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 the amendment, modification, suspension, or revocation of an airman certificate, in which the Administrator issues an emergency order under subsections (d) and (e) of section 44709, section 44710, or section 46105(c) of title 49, United States Code, or another order that takes effect immediately, the Administrator shall provide, upon request, to the individual holding the airman certificate the releasable portion of the investigative report at the time the Administrator issues the order. If the complete Report of Investigation is not available at the time of the request, the Administrator shall issue all portions of the report that are available at the time and shall provide the full report not later than 5 days after its completion.
(B)

Other orders.—
In any nonemergency proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to the amendment, modification, suspension, or revocation of an airman certificate, in which the Administrator notifies the certificate holder of a proposed certificate action under subsections (b) and (c) of section 44709 or section 44710 of title 49, United States Code, the Administrator shall, upon the written request of the covered certificate holder and at any time after that notification, provide to the covered certificate holder the releasable portion of the investigative report.
(2)

Motion for dismissal.—
If the Administrator does not provide the releasable portions of the investigative report to the individual holding the airman certificate subject to the proceeding referred to in paragraph (1) by the time required by that paragraph, the individual 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 or for a lack of timeliness, the administrative law judge shall order such relief as the judge considers appropriate.
(3)

Releasable portion of investigative 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 an individual 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.
SEC. 3.
[49 U.S.C. 44701 note]

NOTICES TO AIRMEN.
(a)

In General.—
(1)

Definition.—
In this section, the term “NOTAM” means Notices to Airmen.
(2)

Improvements.—
Not later than 180 days after the date of the enactment of the Fairness for Pilots Act, the Administrator of the Federal Aviation Administration shall complete the implementation of a Notice to Airmen Improvement Program (in this section referred to as the “NOTAM Improvement Program”)—
(A)
to improve the system of providing airmen with pertinent and timely information regarding the national airspace system;
(B)
to continue developing and modernizing the NOTAM 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)
to apply filters so that pilots can prioritize critical flight safety information from other airspace system information; and
(D)
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.
(b)

Goals of Program.—
The goals of the NOTAM Improvement Program are—
(1)
to decrease the overwhelming volume of NOTAMs an airman receives when retrieving airman information prior to a flight in the national airspace system;
(2)
make the NOTAMs more specific and relevant to the airman’s route and in a format that is more useable to the airman;
(3)
to provide a full set of NOTAM results in addition to specific information requested by airmen;
(4)
to provide a document that is easily searchable; and
(5)
to provide a filtering mechanism similar to that provided by the Department of Defense Notices to Airmen.
(c)

Advice From Private Sector Groups.—
The Administrator shall establish a NOTAM Improvement Panel, which shall be comprised of representatives of relevant nonprofit and not-for-profit general aviation pilot groups, to advise the Administrator in carrying out the goals of the NOTAM Improvement Program under this section.
(d)

Designation of Repository as Sole Source for NOTAMs.—
(1)

In general.—
The Administrator—
(A)
shall consider the repository for NOTAMs 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 or published until the NOTAM is included in the repository for NOTAMs under subsection (a)(2)(B).
(2)

Prohibition on taking action for violations of notams not in repository.—
(A)

In general.—
Except as provided in subparagraph (B), beginning on the date that the repository 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—
(i)
that NOTAM is not available through the repository before the commencement of the flight; and
(ii)
that NOTAM is not 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. 4.
[49 U.S.C. 44703 note]

MEDICAL CERTIFICATION.
(a)

Assessment.—
(1)

In general.—
Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall initiate an assessment of the Federal Aviation Administration’s medical certification process and the associated medical standards and forms.
(2)

Report.—
The Comptroller General shall submit a report to Congress based on the assessment required under paragraph (1) that examines—
(A)
revisions to the medical application form that would provide greater clarity and guidance to applicants;
(B)
the alignment of medical qualification policies with present-day qualified medical judgment and practices, as applied to an individual’s medically relevant circumstances; and
(C)
steps that could be taken to promote the public’s understanding of the medical requirements that determine an airman’s medical certificate eligibility.
(b)

Goals of the Federal Aviation Administration’s Medical Certification Process.—
The goals of the Federal Aviation Administration’s medical certification process are—
(1)
to provide questions in the medical application form that—
(A)
are appropriate without being overly broad;
(B)
are subject to a minimum amount of misinterpretation and mistaken responses;
(C)
allow for consistent treatment and responses during the medical application process; and
(D)
avoid unnecessary allegations that an individual has intentionally falsified answers on the form;
(2)
to provide questions that elicit information that is relevant to making a determination of an individual’s medical qualifications within the standards identified in the Administrator’s regulations;
(3)
to give medical standards greater meaning by ensuring the information requested aligns with present-day medical judgment and practices; and
(4)
to ensure that—
(A)
the application of such medical standards provides an appropriate and fair evaluation of an individual’s qualifications; and
(B)
the individual understands the basis for determining medical qualifications.
(c)

Advice From Private Sector Groups.—
The Administrator shall establish a panel, which shall be comprised of representatives of relevant nonprofit and not-for-profit general aviation pilot groups, aviation medical examiners, and other qualified medical experts, to advise the Administrator in carrying out the goals of the assessment required under this section.
(d)

Federal Aviation Administration Response.—
Not later than 1 year after the issuance of the report by the Comptroller General pursuant to subsection (a)(2), the Administrator shall take appropriate actions to respond to such report.
SEC. 5.
[49 U.S.C. 44703 note]

REEXAMINATION OF AN AIRMAN CERTIFICATE.
(a)

In General.—
The Administrator shall provide timely, written notification to an individual subject to a reexamination of an airman certificate issued under chapter 447 of title 49, United States Code.
(b)

Information Required.—
In providing notification under subsection (a), the Administrator shall inform the individual—
(1)
of the nature of the reexamination and the specific activity on which the reexamination is necessitated;
(2)
that the reexamination shall occur within 1 year from the date of the notice provided by the Administrator, however, if the reexamination is not conducted within 30 days, the Administrator may restrict passenger carrying operations;
(3)
that if such reexamination is not conducted after 1 year from date of notice, the airman certificate of the individual may be suspended or revoked; and
(4)
when, as determined by the Administrator, an oral or written response to the notification from the Administrator is not required.
(c)

Exception.—
Nothing in this section prohibits the Administrator from reexamining a certificate holder if the Administrator has reasonable grounds—
(1)
to establish that an airman may not be qualified to exercise the privileges of a certificate or rating based upon an act or omission committed by the airman while exercising such privileges or performing ancillary duties associated with the exercise of such privileges; or
(2)
to demonstrate that the airman obtained such a certificate or rating through fraudulent means or through an examination that was inadequate to establish the qualifications of an airman.
(d)

Standard of Review.—
An order issued by the Administrator to amend, modify, suspend, or revoke an airman certificate after reexamination of the airman is subject to the standard of review provided for under section 2 of this Act.