[Congressional Record Volume 161, Number 114 (Tuesday, July 21, 2015)]
[Senate]
[Pages S5322-S5326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2267. Mr. MANCHIN submitted an amendment intended to be proposed
by him to the bill H.R. 22, to amend the Internal Revenue Code of 1986
to exempt employees with health coverage under TRICARE or the Veterans
Administration from being taken into account for purposes of
determining the employers to which the employer mandate applies under
the Patient Protection and Affordable Care Act; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--PILOT'S BILL OF RIGHTS 2
SEC. __01. SHORT TITLE.
This title may be cited as the ``Pilot's Bill of Rights
2''.
SEC. __02. 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
certificate regulations to ensure that an individual may
operate as pilot in command or required crewmember 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 driver's license
issued by a State, territory, or possession of the United
States and complies with all medical requirements or
restrictions associated with that license;
(2) the individual holds a medical certificate issued by
the Federal Aviation Administration on the date of enactment
of this Act, held such a certificate at any point during the
10-year period preceding such date of enactment, or obtains
such a certificate after such date of enactment;
(3) the most recent medical certificate issued by the
Federal Aviation Administration to the individual--
[[Page S5323]]
(A) indicates whether the certificate is first, second, or
third class;
(B) includes authorization for special issuance;
(C) may be expired;
(D) cannot have been revoked or suspended; and
(E) cannot have been withdrawn;
(4) the aircraft is carrying not more than 5 passengers;
(5) the individual is operating the aircraft under visual
flight rules or instrument flight rules;
(6) the flight, including each portion of that flight, is
not carried out--
(A) for compensation or hire, including that no passenger
or property on the flight is being carried for compensation
or hire;
(B) at an altitude that is not more than 18,000 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;
(7)(A) the individual has completed a medical education
course described in subsection (b) during the 24 calendar
months before acting as pilot in command or required
crewmember in a covered aircraft and demonstrates proof of
completion of the course; or
(B) the individual exercises sport pilot privileges or acts
as pilot in command of a glider or balloon; and
(8) the individual, when serving as a pilot in command or
required crewmember, is under the care and treatment of a
private physician if the individual has been diagnosed with
any medical condition that may impact the ability of the
individual to fly.
(b) Medical Education Course Requirements.--The medical
education course described in subsection (a)(7) shall--
(1) be available on the Internet free of charge,
(2) be developed and periodically updated in coordination
with representatives of relevant nonprofit and not-for-profit
general aviation stakeholder groups;
(3) educate pilots on conducting medical self-assessments;
(4) advise pilots on identifying warning signs of potential
serious medical conditions;
(5) identify risk mitigation strategies for medical
conditions;
(6) increase awareness and impacts of potentially impairing
over-the-counter and prescription drug medications;
(7) encourage regular medical exams and consultations with
primary care physicians;
(8) inform pilots of the regulations pertaining to the
prohibition on operations during medical deficiency; and
(9) provide to an individual a signature page, which shall
be transmitted to the Administrator, for the individual to
certify that the individual has--
(A) completed the course;
(B) received a routine physical exam from an appropriately
qualified physician during the 60 months before acting as
pilot in command or required crewmember in a covered
aircraft;
(C) received the care and treatment from a private
physician in accordance with subsection (a)(8), if
applicable; and
(D) declared an understanding of the existing prohibition
on operations during medical deficiency by stating: ``I
understand that I cannot act as pilot in command, or in any
other capacity as a required flight crewmember, if I know or
have reason to know of any medical condition that would make
me unable to operate the aircraft in a safe manner.''.
(c) Special Issuance Process.--
(1) In general.--An individual who has qualified for the
third-class medical certificate exemption under subsection
(a) and is seeking to serve as a pilot in command or required
crew member of a covered aircraft shall be required to have
completed the process for obtaining an Authorization for
Special Issuance of a Medical Certificate one time if the
individual is diagnosed with any of the following medical
conditions:
(A) A mental health disorder, limited to clinically
diagnosed conditions of--
(i) personality disorder that is severe enough to have
repeatedly manifested itself by overt acts;
(ii) psychosis, defined as a case in which an individual--
(I) has manifested delusions, hallucinations, grossly
bizarre or disorganized behavior, or other commonly accepted
symptoms of psychosis; or
(II) may reasonably be expected to manifest delusions,
hallucinations, grossly bizarre or disorganized behavior, or
other commonly accepted symptoms of psychosis;
(iii) severe bipolar disorder; and
(iv) substance dependence within the previous 2 years, as
defined in section 67.307(4) of title 14, Code of Federal
Regulations.
(B) A neurological disorder, limited to an established
medical history and clinical diagnosis of the following:
(i) Epilepsy.
(ii) Disturbance of consciousness without satisfactory
medical explanation of the cause.
(iii) A transient loss of control of nervous system
functions without satisfactory medical explanation of the
cause.
(C) A cardiovascular condition, limited to the following:
(i) Myocardial infraction.
(ii) Coronary heart disease that has been treated by open
heart surgery.
(iii) Cardiac valve replacement.
(iv) Heart replacement.
(2) Special rule for cardiovascular conditions.--In the
case of an individual with a cardiovascular condition, the
process for obtaining an Authorization for Special Issuance
of a Medical Certificate shall be satisfied with the
successful completion of an appropriate clinical evaluation
without a mandatory wait period.
(d) Report Required.--Not later than 5 years after the date
of the enactment of this Act, the Administrator, in
coordination with the National Transportation Safety Board,
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.
(e) 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 subsection (a)
unless the Administrator has published final regulations in
the Federal Register under that subsection.
(f) 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.
SEC. __03. 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 an order by the Administrator
denying an application for the issuance or renewal of a
covered certificate under section 44703 of title 49, United
States Code, to amend, modify, suspend, or revoke a covered
certificate under section 44709 or 44710 of such title, or to
impose a civil penalty under section 46301 of such title, an
individual substantially affected by the order may, at the
individual'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 individual 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) of such Act is
amended--
(A) in paragraph (2), by striking ``Federal district
court'' and inserting ``United States district court'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) Exception for review of the administrator's
determination of emergency.--An individual affected by any
order issued by the Administrator under section 44709 or
44710 of title 49, United States Code, as an emergency order,
as an order not designated as an emergency order but later
amended to be an emergency order, or any order designated as
effective immediately, may petition for a review by the
Board, under procedures promulgated by the Board, of the
Administrator's determination that an emergency exists.''.
(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 or the
imposition of a punitive civil action by the Administrator--
``(A) the district court shall review the denial,
suspension, revocation, or the imposition of a punitive civil
action 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.'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Burden of proof.--In an appeal filed under subsection
(d) in a United States district court, the burden of proof
shall be as follows:
``(A) In an appeal of an order issued by the Administrator
pursuant to section 44703 of title 49, United States Code,
the burden of proof shall be upon the applicant denied a
covered certificate by the Administrator.
``(B) In an appeal of an order issued by the Administrator
pursuant to section 44709, 44710, or 46301 of such title, the
burden of proof shall be upon the Administrator.''; and
(4) by adding at the end the following:
``(4) Applicability of administrative procedure act.--
Notwithstanding paragraph (1)(A) or subsection (a)(1) of
section 554 of
[[Page S5324]]
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 Other 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:
``(j) Covered Certificate Defined.--In this section, the
term `covered certificate' means a certificate or any other
authorization issued by the Administrator and held by an
individual under chapter 447 of title 49, United States
Code.''.
(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
activity 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 an individual with the notification required
by paragraph (1) with respect to an investigation relating to
the amendment, modification, suspension, or revocation of a
covered certificate, including all of the information
required under paragraph (2), the Administrator may not--
``(A) retain any record of the investigation without
expunging all information that establishes or may reasonably
assist in establishing the identity of the individual that
was the subject of the investigation;
``(B) suspend, or revoke the covered certificate;
``(C) seek a civil penalty or other punitive action against
the individual; 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 the amendment, modification, suspension, or revocation of
a covered 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 to the individual holding the
covered certificate the releasable portion of the
investigative report at the time the Administrator issues the
order.
``(B) Other orders.--In any non-emergency proceeding
conducted under part 821 of title 49, Code of Federal
Regulations, relating to the amendment, modification,
suspension, or revocation of a covered certificate, or the
imposition of a civil penalty, in which the Administrator
notifies the covered 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 covered 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, 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.''.
(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 an individual, the
Administrator and the investigating officials may request
documents from the individual only if the request is limited
and narrowly tailored to issues in the investigation.''.
(g) Limitation on Retention of Records.--Section 2 of such
Act, as amended by subsections (e) and (f), is further
amended by inserting after subsection (g) the following:
``(h) Limitation on Retention of Records.--The
Administrator shall not retain any information that
establishes or may reasonably assist in establishing the
identity of an individual that was the subject of any
investigation described in subsection (b)(1) with respect to
a covered certificate--
``(1) that does not result in an enforcement action after
the date that is 90 days after the Administrator determines
not to take enforcement action; or
``(2) in a case in which the Administrator does take
enforcement action and that case is subsequently dismissed,
after the date that is 90 days after the dismissal of the
case.
``(i) Prohibition on Publicizing Pending Investigations or
Enforcement Actions.--The Administrator may not indicate in
the publicly accessible records of an individual 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 individual
who is not the subject of such an investigation.''.
SEC. __04. 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 not reexamine an
airman holding a certificate issued under section 44703 of
this title if the reexamination is ordered as a result of an
event involving the fault of the Federal Aviation
Administration or its designee, unless the Administrator has
reasonable grounds--
``(i) to establish that an airman may not be qualified to
exercise the privileges of a particular certificate or
rating, based upon an act or omission committed by the airman
while exercising those privileges, after the certificate or
rating was issued by the Federal Aviation Administration or
its designee; or
``(ii) to demonstrate that the airman obtained the
certificate or the rating through fraudulent means or through
an examination that was substantially and demonstrably
inadequate to establish the airman's qualifications.
``(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) a reasonable basis, described in detail, for
requesting the reexamination; and
``(ii) any releasable information gathered by the Federal
Aviation Administration, such as the scope and nature of the
requested reexamination, that formed the basis for that
justification.''.
(b) Amendment, 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) Amendment, modification, suspension, or revocation of
airmen certificates after reexamination.--
[[Page S5325]]
``(A) In general.--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 finds that
the airman--
``(i) lacks the technical skills and competency, or care,
judgment, and responsibility, necessary to hold and safely
exercise the privileges of the certificate; or
``(ii) materially contributed to the issuance of the
certificate by fraudulent means.
``(B) Standard of review.--Any finding of the Administrator
under this paragraph shall be subject to the standard of
review provided for under the Pilot's Bill of Rights (49
U.S.C. 44703 note).''.
(c) 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. __05. 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 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) 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 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. __06. 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 for a
covered flight record from an individual who is the subject
of an investigation initiated by the Administrator related to
the flight record and 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. If the
Administrator has issued, or subsequently issues, a Notice of
Proposed Certificate Action relying on evidence contained in
the covered flight record and the individual who is the
subject of an investigation had not previously requested the
record, the Administrator shall promptly produce the record
and extend the time the individual has to respond to the
Notice of Proposed Certificate Action until the covered
flight record is provided.
``(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) 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.
``(d) 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. __07. 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. __08. 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. __09. 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.
[[Page S5326]]
(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.''.
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