[Congressional Record Volume 158, Number 100 (Friday, June 29, 2012)]
[Senate]
[Pages S4733-S4735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         PILOT'S BILL OF RIGHTS

  Mr. REID. Mr. President, I ask unanimous consent that the Committee 
on Commerce be discharged from further consideration of S. 1335 and the 
Senate now proceed to that matter.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered. The clerk will report the bill 
by title.
  The legislative clerk read as follows:

       A bill (S. 1335) to provide rights for pilots, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill.


                         Pilot's Bill of Rights

  Mr. Rockefeller. Mr. President, S. 1335, the Pilot's Bill of Rights, 
takes several steps to protect the rights of pilots, including 
modifications to the appeals process, and improvements to the Federal 
Aviation Administration's Notice to Airman System and medical 
certification process.
  Most importantly, it preserves the FAA's authority to take actions to 
maintain the safety of the air transportation system, and we want to be 
clear about the Congressional intent regarding one particular section 
of the bill.
  Three provisions of the bill eliminate language in current statute 
governing the National Transportation Safety Board's (NTSB) 
adjudication of appeals of FAA orders that deny, amend, modify, 
suspend, or revoke an airman's certificate. Specifically, language in 
49 U.S.C Sec. Sec.  44703(d)(2), 44709(d)(3), and 44710(d)(1), which 
expressly binds the NTSB to ``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 . . . unless the Board finds an interpretation to be 
arbitrary, capricious, or otherwise not according to law.''
  It is not the intention of the Senate to eliminate the NTSB's 
practice to observe the principles of judicial deference to the FAA 
Administrator when reviewing airmen appeals. The Senate only finds that 
this language is redundant of what is already provided for under the 
law and it is not the intent of the Senate to prevent the NTSB from 
applying the principles of judicial deference in adjudicating Federal 
Aviation Administration cases.
  The purpose of these changes is simply to make the statute consistent 
with the laws governing all other Federal agencies. Thus, it is the 
intention of the Senate that the NTSB, in reviewing FAA cases, will 
apply principles of judicial deference to the interpretations of laws, 
regulations, and policies that the Administrator carries out in 
accordance with the Supreme Court's ruling in Martin v. OSHRC, 449 U.S. 
114 (1991).
  Mr. Inhofe. Mr. President, I concur.
  Mr. REID. Mr. President, I ask unanimous consent that the Hutchison-
Inhofe amendment at the desk be agreed to; that the bill, as amended, 
be read the third time and passed; that the motion to reconsider be 
laid upon the table, and that any statements relating to the measure be 
printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment (No. 2489) was agreed to, as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. 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;
       (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;

[[Page S4734]]

       (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 timely 
     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(c)(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.
       (c) 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) 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) 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.

     SEC. 3. 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 this Act, the Administrator of the 
     Federal Aviation Administration shall begin 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 archive, in a public central location, 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; and
       (C) to apply filters so that pilots can prioritize critical 
     flight safety information from other airspace system 
     information.
       (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) Phase-in and Completion.--The improvements required by 
     this section shall be phased in as quickly as practicable and 
     shall be completed not later than the date that is 1 year 
     after the date of the enactment of this Act.

     SEC. 4. 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--

[[Page S4735]]

       (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.

  The bill (S. 1335), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  Mr. REID. I thank the Chair.

                          ____________________