[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;
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(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--
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(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.
____________________