[Congressional Record Volume 161, Number 182 (Tuesday, December 15, 2015)]
[Senate]
[Pages S8674-S8682]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PILOT'S BILL OF RIGHTS 2

  Mr. INHOFE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 319, S. 571.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (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.

  The PRESIDING OFFICER. Is there objection to proceeding to the 
measure?
  The Senator from Connecticut.
  Mr. BLUMENTHAL. Mr. President, reserving the right to object, I have 
worked hard, and I----
  Mr. INHOFE. Will the Senator yield for one question?
  Mr. BLUMENTHAL. Certainly, I will yield.
  Mr. INHOFE. This is the request to move to the calendar number, and 
the next request would be for the consideration.
  Mr. BLUMENTHAL. Then I will be happy to yield at this point.
  The PRESIDING OFFICER. Is there objection to proceeding to the 
measure?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as ``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 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue or revise regulations to 
     ensure that an individual may operate as pilot in command of 
     a covered aircraft 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--
       (A) indicates whether the certificate is first, second, or 
     third class;
       (B) may include authorization for special issuance;
       (C) may be expired;
       (D) cannot have been revoked or suspended; and
       (E) cannot have been withdrawn;
       (4) the most recent application for airman medical 
     certification submitted to the Federal Aviation 
     Administration by the individual cannot have been completed 
     and denied;
       (5) the individual has completed a medical education course 
     described in subsection (c) during the 24 calendar months 
     before acting as pilot in command of a covered aircraft and 
     demonstrates proof of completion of the course;
       (6) the individual, when serving as a pilot in command, is 
     under the care and treatment of a physician if the individual 
     has been diagnosed with any medical condition that may impact 
     the ability of the individual to fly;
       (7) the individual has received a comprehensive medical 
     examination from a State-licensed physician during the 
     previous 48 months and--

[[Page S8675]]

       (A) prior to the examination, the individual--
       (i) completed the individual's section of the checklist 
     described in subsection (b); and
       (ii) provided the completed checklist to the physician 
     performing the examination; and
       (B) the physician conducted the comprehensive medical 
     examination in accordance with the checklist described in 
     subsection (b), checking each item specified during the 
     examination and addressing, as medically appropriate, every 
     medical condition listed, and any medications the individual 
     is taking; and
       (8) the individual is operating in accordance with the 
     following conditions:
       (A) The covered aircraft is carrying not more than 5 
     passengers.
       (B) The individual is operating the covered aircraft under 
     visual flight rules or instrument flight rules.
       (C) The flight, including each portion of that flight, is 
     not carried out--
       (i) for compensation or hire, including that no passenger 
     or property on the flight is being carried for compensation 
     or hire;
       (ii) at an altitude that is more than 18,000 feet above 
     mean sea level;
       (iii) outside the United States, unless authorized by the 
     country in which the flight is conducted; or
       (iv) at an indicated air speed exceeding 250 knots.
       (b) Comprehensive Medical Examination.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall develop a 
     checklist for an individual to complete and provide to the 
     physician performing the comprehensive medical examination 
     required in subsection (a)(7).
       (2) Requirements.--The checklist shall contain--
       (A) a section, for the individual to complete that 
     contains--
       (i) boxes 3 through 13 and boxes 16 through 19 of the 
     Federal Aviation Administration Form 8500-8 (3-99);
       (ii) a signature line for the individual to affirm that--

       (I) the answers provided by the individual on that 
     checklist, including the individual's answers regarding 
     medical history, are true and complete;
       (II) the individual understands that he or she is 
     prohibited under Federal Aviation Administration regulations 
     from acting as pilot in command, or any other capacity as a 
     required flight crew member, if he or she knows or has reason 
     to know of any medical deficiency or medically disqualifying 
     condition that would make the individual unable to operate 
     the aircraft in a safe manner; and
       (III) the individual is aware of the regulations pertaining 
     to the prohibition on operations during medical deficiency 
     and has no medically disqualifying conditions in accordance 
     with applicable law;

       (B) a section with instructions for the individual to 
     provide the completed checklist to the physician performing 
     the comprehensive medical examination required in subsection 
     (a)(7); and
       (C) a section, for the physician to complete, that 
     instructs the physician--
       (i) to perform a clinical examination of--

       (I) head, face, neck, and scalp;
       (II) nose, sinuses, mouth, and throat;
       (III) ears, general (internal and external canals), and 
     eardrums (perforation);
       (IV) eyes (general), ophthalmoscopic, pupils (equality and 
     reaction), and ocular motility (associated parallel movement, 
     nystagmus);
       (V) lungs and chest (not including breast examination);
       (VI) heart (precordial activity, rhythm, sounds, and 
     murmurs);
       (VII) vascular system (pulse, amplitude, and character, and 
     arms, legs, and others);
       (VIII) abdomen and viscera (including hernia);
       (IX) anus (not including digital examination);
       (X) skin;
       (XI) G-U system (not including pelvic examination);
       (XII) upper and lower extremities (strength and range of 
     motion);
       (XIII) spine and other musculoskeletal;
       (XIV) identifying body marks, scars, and tattoos (size and 
     location);
       (XV) lymphatics;
       (XVI) neurologic (tendon reflexes, equilibrium, senses, 
     cranial nerves, and coordination, etc.);
       (XVII) psychiatric (appearance, behavior, mood, 
     communication, and memory);
       (XVIII) general systemic;
       (XIX) hearing;
       (XX) vision (distant, near, and intermediate vision, field 
     of vision, color vision, and ocular alignment);
       (XXI) blood pressure and pulse; and
       (XXII) anything else the physician, in his or her medical 
     judgment, considers necessary;

       (ii) to exercise medical discretion to address, as 
     medically appropriate, any medical conditions identified, and 
     to exercise medical discretion in determining whether any 
     medical tests are warranted as part of the comprehensive 
     medical examination;
       (iii) to discuss all drugs the individual reports taking 
     (prescription and nonprescription) and their potential to 
     interfere with the safe operation of an aircraft or motor 
     vehicle;
       (iv) to sign the checklist, stating: ``I certify that I 
     discussed all items on this checklist with the individual 
     during my examination, discussed any medications the 
     individual is taking that could interfere with their ability 
     to safely operate an aircraft or motor vehicle, and performed 
     an examination that included all of the items on this 
     checklist.''; and
       (v) to provide the date the comprehensive medical 
     examination was completed, and the physician's full name, 
     address, telephone number, and State medical license number.
       (3) Logbook.--The completed checklist shall be retained in 
     the individual's logbook and made available on request.
       (c) Medical Education Course Requirements.--The medical 
     education course described in this subsection 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 of the impacts of potentially 
     impairing over-the-counter and prescription drug medications;
       (7) encourage regular medical examinations and 
     consultations with primary care physicians;
       (8) inform pilots of the regulations pertaining to the 
     prohibition on operations during medical deficiency and 
     medically disqualifying conditions;
       (9) provide the checklist developed by the Federal Aviation 
     Administration in accordance with subsection (b); and
       (10) upon successful completion of the course, 
     electronically provide to the individual and transmit to the 
     Federal Aviation Administration--
       (A) a certification of completion of the medical education 
     course, which shall be printed and retained in the 
     individual's logbook and made available upon request, and 
     shall contain the individual's name, address, and airman 
     certificate number;
       (B) subject to subsection (d), a release authorizing the 
     National Driver Register through a designated State 
     Department of Motor Vehicles to furnish to the Federal 
     Aviation Administration information pertaining to the 
     individual's driving record;
       (C) a certification by the individual that the individual 
     is under the care and treatment of a physician if the 
     individual has been diagnosed with any medical condition that 
     may impact the ability of the individual to fly, as required 
     under (a)(6);
       (D) a form that includes--
       (i) the name, address, telephone number, and airman 
     certificate number of the individual;
       (ii) the name, address, telephone number, and State medical 
     license number of the physician performing the comprehensive 
     medical examination required in subsection (a)(7);
       (iii) the date of the comprehensive medical examination 
     required in subsection (a)(7); and
       (iv) a certification by the individual that the checklist 
     described in subsection (b) was followed in the comprehensive 
     medical examination required in subsection (a)(7); and
       (E) a statement, which shall be printed, and signed by the 
     individual certifying that the individual understands the 
     existing prohibition on operations during medical deficiency 
     by stating: ``I understand that I cannot act as pilot in 
     command, or any other capacity as a required flight crew 
     member, 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.''.
       (d) National Driver Register.--The authorization under 
     subsection (c)(10)(B) shall be an authorization for a single 
     access to the information contained in the National Driver 
     Register.
       (e) 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 of a 
     covered aircraft shall be required to have completed the 
     process for obtaining an Authorization for Special Issuance 
     of a Medical Certificate for each of the following:
       (A) A mental health disorder, limited to an established 
     medical history or clinical diagnosis 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) bipolar disorder; or
       (iv) substance dependence within the previous 2 years, as 
     defined in section 67.307(a)(4) of title 14, Code of Federal 
     Regulations.
       (B) A neurological disorder, limited to an established 
     medical history or clinical diagnosis of any 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 a one-time 
     special issuance for each diagnosis of the following:
       (i) Myocardial infraction.
       (ii) Coronary heart disease that has required treatment.
       (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.
       (3) Special rule for mental health conditions.--

[[Page S8676]]

       (A) In the case of an individual with a clinically 
     diagnosed mental health condition, the third-class medical 
     certificate exemption under subsection (a) shall not apply 
     if--
       (i) in the judgment of the individual's State-licensed 
     medical specialist, the condition--

       (I) renders the individual unable to safely perform the 
     duties or exercise the airman privileges described in 
     subsection (a)(8); or
       (II) may reasonably be expected to make the individual 
     unable to perform the duties or exercise the privileges 
     described in subsection (a)(8); or

       (ii) the individual's driver's license is revoked by the 
     issuing agency as a result of a clinically diagnosed mental 
     health condition.
       (B) Subject to subparagraph (A), an individual clinically 
     diagnosed with a mental health condition shall certify every 
     2 years, in conjunction with the certification under 
     subsection (c)(10)(C), that the individual is under the care 
     of a State-licensed medical specialist for that mental health 
     condition.
       (4) Special rule for neurological conditions.--
       (A) In the case of an individual with a clinically 
     diagnosed neurological condition, the third-class medical 
     certificate exemption under subsection (a) shall not apply 
     if--
       (i) in the judgment of the individual's State-licensed 
     medical specialist, the condition--

       (I) renders the individual unable to safely perform the 
     duties or exercise the airman privileges described in 
     subsection (a)(8); or
       (II) may reasonably be expected to make the individual 
     unable to perform the duties or exercise the privileges 
     described in subsection (a)(8); or

       (ii) the individual's driver's license is revoked by the 
     issuing agency as a result of a clinically diagnosed 
     neurological condition.
       (B) Subject to subparagraph (A), an individual clinically 
     diagnosed with a neurological condition shall certify every 2 
     years, in conjunction with the certification under subsection 
     (c)(10)(C), that the individual is under the care of a State-
     licensed medical specialist for that neurological condition.
       (f) Identification of Additional Medical Conditions for the 
     CACI Program.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall review and 
     identify additional medical conditions that could be added to 
     the program known as the Conditions AMEs Can Issue (CACI) 
     program.
       (2) Consultations.--In carrying out paragraph (1), the 
     Administrator shall consult with aviation, medical, and union 
     stakeholders.
       (3) Report required.--Not later than 180 days after the 
     date of enactment of this Act, the Administrator shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     listing the medical conditions that have been added to the 
     CACI program under paragraph (1).
       (g) Expedited Authorization for Special Issuance of a 
     Medical Certificate.--
       (1) In general.--The Administrator shall implement 
     procedures to expedite the process for obtaining an 
     Authorization for Special Issuance of a Medical Certificate 
     under section 67.401 of title 14, Code of Federal 
     Regulations.
       (2) Consultations.--In carrying out paragraph (1), the 
     Administrator shall consult with aviation, medical, and union 
     stakeholders.
       (3) Report required.--Not later than 1 year after the date 
     of enactment of this Act, the Administrator shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report describing how the 
     procedures implemented under paragraph (1) will streamline 
     the process for obtaining an Authorization for Special 
     Issuance of a Medical Certificate and reduce the amount of 
     time needed to review and decide special issuance cases.
       (h) Report Required.--Not later than 5 years after the date 
     of enactment of this Act, the Administrator, in coordination 
     with the National Transportation Safety Board, shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives 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.
       (i) Prohibition on Enforcement Actions.--Beginning on the 
     date that is 1 year after the date of 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, through a good 
     faith effort, if the pilot and the flight meet the applicable 
     requirements under subsection (a), except paragraph (5), 
     unless the Administrator has published final regulations in 
     the Federal Register under that subsection.
       (j) Covered Aircraft Defined.--In this section, the term 
     ``covered aircraft'' means an aircraft that--
       (1) is authorized under Federal law to carry not more than 
     6 occupants; and
       (2) has a maximum certificated takeoff weight of not more 
     than 6,000 pounds.
       (k) Operations Covered.--The provisions and requirements 
     covered in this section do not apply to pilots who elect to 
     operate under the medical requirements under subsection (b) 
     or subsection (c) of section 61.23 of title 14, Code of 
     Federal Regulations.

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

       (a) Appeals of Suspended and Revoked Airman Certificates.--
     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 by 
     striking ``or imposing a punitive civil action or an 
     emergency order of revocation under subsections (d) and (e) 
     of section 44709 of such title'' and inserting ``suspending 
     or revoking an airman certificate under section 44709(d) of 
     such title, or imposing an emergency order of revocation 
     under subsections (d) and (e) of section 44709 of such 
     title''.
       (b) De Novo Review by District Court; Burden of Proof .--
     Section 2(e) of the Pilot's Bill of Rights (Public Law 112-
     153; 126 Stat. 1159; 49 U.S.C. 44703 note) 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 an airman 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 findings of fact of 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 after an exhaustion of 
     administrative remedies, the burden of proof shall be as 
     follows:
       ``(A) In an appeal of the denial of an application for the 
     issuance or renewal of an airman certificate under section 
     44703 of title 49, United States Code, the burden of proof 
     shall be upon the applicant denied an airman certificate by 
     the Administrator.
       ``(B) In an appeal of an order issued by the Administrator 
     under section 44709 of title 49, United States Code, 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) of this subsection or 
     subsection (a)(1) of section 554 of title 5, United States 
     Code, section 554 of such title shall apply 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 enactment of the Pilot's 
     Bill of Rights 2.''.
       (c) Notification of Investigation.--Subsection (b) of 
     section 2 of the Pilot's Bill of Rights (Public Law 112-153; 
     126 Stat. 1159; 49 U.S.C. 44703 note) is amended--
       (1) in paragraph (2)(A), by inserting ``and the specific 
     activity on which the investigation is based'' after ``nature 
     of the investigation''; and
       (2) in paragraph (3), by striking ``timely''; and
       (3) in paragraph (5), by striking ``section 44709(c)(2)'' 
     and inserting ``section 44709(e)(2)''.
       (d) Release of Investigative Reports.--Section 2 of the 
     Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159; 
     49 U.S.C. 44703 note) is further 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 
     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 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 the Emergency Order is issued, the 
     Administrator shall issue all portions of the report that are 
     available at the time and shall provide the full report 
     within 5 days of its completion.
       ``(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 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.

[[Page S8677]]

       ``(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. 4. LIMITATIONS ON REEXAMINATION OF CERTIFICATE HOLDERS.

       (a) In General.--Section 44709(a) of title 49, United 
     States Code, is amended--
       (1) by striking ``The Administrator'' and inserting the 
     following:
       ``(1) In general.--The Administrator'';
       (2) by striking ``reexamine'' and inserting ``, except as 
     provided in paragraph (2), reexamine''; and
       (3) by adding at the end the following:
       ``(2) Limitation on the reexamination of airman 
     certificates.--
       ``(A) In general.--The Administrator may not reexamine an 
     airman holding a student, sport, recreational, or private 
     pilot 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 the 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 under subparagraph (A), the 
     Administrator shall provide to the airman--
       ``(i) a reasonable basis, described in detail, for 
     requesting the reexamination; and
       ``(ii) any information gathered by the Federal Aviation 
     Administration, that the Administrator determines is 
     appropriate to provide, such as the scope and nature of the 
     requested reexamination, that formed the basis for that 
     justification.''.
       (b) Amendment, Modification, Suspension, or Revocation of 
     Airman Certificates After Reexamination.--Section 44709(b) of 
     title 49, United States Code, is amended--
       (1) in paragraph (1), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively, and indenting 
     appropriately;
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (3) in the matter preceding subparagraph (A), as 
     redesignated, by striking ``The Administrator'' and inserting 
     the following:
       ``(1) In general.--Except as provided in paragraph (2), the 
     Administrator''; and
       (4) by adding at the end the following:
       ``(2) Amendments, modifications, suspensions, and 
     revocations of airman certificates after reexamination.--
       ``(A) In general.--The Administrator may not issue an order 
     to amend, modify, suspend, or revoke an airman certificate 
     held by a student, sport, recreational, or private pilot and 
     issued under section 44703 of this title after a 
     reexamination of the airman holding the certificate unless 
     the Administrator determines 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 order of the Administrator 
     under this paragraph shall be subject to the standard of 
     review provided for under section 2 of the Pilot's Bill of 
     Rights (49 U.S.C. 44703 note).''.
       (c) Conforming Amendments.--Section 44709(d)(1) of title 
     49, United States Code, 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.--
       (1) Beginning on the date that is 180 days after the date 
     of enactment of this Act, the Administrator of the Federal 
     Aviation Administration may not take any enforcement action 
     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 to the appropriate 
     congressional committees that the Administrator has complied 
     with the requirements of section 3 of the Pilot's Bill of 
     Rights, as amended by this section.
       (2) In this subsection, the term ``appropriate 
     congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) 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 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. 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) Administration.--The term `Administration' means the 
     Federal Aviation Administration.
       ``(2) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Aviation Administration.
       ``(3) Applicable individual.--The term `applicable 
     individual' means an individual who is the subject of an 
     investigation initiated by the Administrator related to a 
     covered flight record.
       ``(4) Contract tower.--The term `contract tower' means an 
     air traffic control tower providing air traffic control 
     services pursuant to a contract with the Administration under 
     the contract air traffic control tower program under section 
     47124(b)(3).
       ``(5) Covered flight record.--The term `covered flight 
     record' means any 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 Administration, including any program of the 
     Administration carried out by employees or contractors of the 
     Administration, such as contract towers, flight service 
     stations, and controller training programs.
       ``(b) Provision of Covered Flight Record to 
     Administration.--
       ``(1) Requests.--Whenever the Administration receives a 
     written request for a covered flight record from an 
     applicable individual and the covered flight record is not in 
     the possession of the Administration, the Administrator shall 
     request the covered flight record from the contract tower or 
     other contractor of the Administration in possession of the 
     covered flight record.
       ``(2) Provision of records.--Any covered flight record 
     created, maintained, or controlled by a contract tower or 
     another contractor of the Administration that maintains 
     covered flight records shall be provided to the 
     Administration if the Administration requests the record 
     pursuant to paragraph (1).
       ``(3) Notice of proposed certificate action.--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 has 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.
       ``(c) Implementation.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Pilot's Bill of Rights 2, the 
     Administrator shall promulgate regulations or guidance to 
     ensure compliance with this section.
       ``(2) Compliance by contractors.--
       ``(A) Compliance with this section by a contract tower or 
     other contractor of the Administration that maintains covered 
     flight records

[[Page S8678]]

     shall be included as a material term in any contract between 
     the Administration and the contract tower or contractor 
     entered into or renewed on or after the date of enactment of 
     the Pilot's Bill of Rights 2.
       ``(B) Subparagraph (A) shall not apply to any contract or 
     agreement in effect on the date of enactment of the Pilot's 
     Bill of Rights 2 unless the contract or agreement is 
     renegotiated, renewed, or modified after that date.''.
       (b) Technical and Conforming Amendments.--The table of 
     contents 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. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CERTAIN NOTICES.

       Not later than 180 days after the date of 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 of the Federal 
     Aviation Administration to close enforcement actions covered 
     by that section with a warning notice, letter of correction, 
     or other administrative action.

  Mr. INHOFE. Mr. President, I further ask unanimous consent that the 
Feinstein amendment be agreed to; that the committee-reported 
substitute, as amended, be agreed to; that the bill, as amended, be 
read a third time and passed; and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Connecticut.
  Mr. BLUMENTHAL. Mr. President, reserving the right to object, I want 
to thank the Senator from Oklahoma for his hard work and his dedication 
to the Pilot's Bill of Rights, which is before us now, and I know he 
has in his heart and mind the best interests of our aviation public.
  I have sought to improve this bill. I have had strong concerns about 
a number of its provisions. I want to thank him and thank Senator 
Thune, Senator Nelson, and Senator Manchin, as well as Senator 
Feinstein and Senator Reed, for the improvements they have made to the 
bill. But I feel, with all due respect, that problems remain.
  We have an effective medical certification system now which, 
unfortunately, this bill undermines, in my view. This bill replaces it 
with an untested framework, making it easier for people with dangerous 
medical conditions to fly. There is really no medical certificate 
effective to deal with potential medical problems. I am gravely 
concerned that this bill may lead to an increase in the number of 
aviation accidents.
  My hope is--since it has 69 cosponsors, and the will of the Senate 
now is apparently to move forward--that we can perhaps improve it in 
the course of the FAA reauthorization. I hope some of these issues can 
be addressed in that process. I hope my colleague Senator Inhofe will 
work with me to keep the policy proposals outlined in this bill in mind 
as we go forward with the FAA reauthorization bill--and that is 
scheduled to be sometime next year--so that further improvements can be 
given due consideration.
  Again, I thank the Senator from Oklahoma for his hard work on this 
bill, and I withdraw my objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2928) was agreed to, as follows:

(Purpose: To clarify the administrative authorities and to improve the 
                        physician certification)

       On page 37, line 12, after the period, insert the 
     following: ``I certify that I am not aware of any medical 
     condition that, as presently treated, could interfere with 
     the individual's ability to safely operate an aircraft.''.
       On page 40, line 6, insert ``and signed by the physician'' 
     after ``followed''.
       On page 48, between lines 3 and 4, insert the following:
       (l) Authority to Require Additional Information.--
       (1) In general.--If the Administrator receives credible or 
     urgent information, including from the National Driver 
     Register or the Administrator's Safety Hotline, that reflects 
     on an individual's ability to safely operate a covered 
     aircraft under the third-class medical certificate exemption 
     in subsection (a), the Administrator may require the 
     individual to provide additional information or history so 
     that the Administrator may determine whether the individual 
     is safe to continue operating a covered aircraft.
       (2) Use of information.--The Administrator may use credible 
     or urgent information received under paragraph (1) to request 
     an individual to provide additional information or to take 
     actions under section 44709(b) of title 49, United States 
     Code.

  The committee-reported amendment in the nature of a substitute, as 
amended, was agreed to.
  The bill (S. 571), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                 S. 571

       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 ``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 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall issue or revise regulations to 
     ensure that an individual may operate as pilot in command of 
     a covered aircraft 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--
       (A) indicates whether the certificate is first, second, or 
     third class;
       (B) may include authorization for special issuance;
       (C) may be expired;
       (D) cannot have been revoked or suspended; and
       (E) cannot have been withdrawn;
       (4) the most recent application for airman medical 
     certification submitted to the Federal Aviation 
     Administration by the individual cannot have been completed 
     and denied;
       (5) the individual has completed a medical education course 
     described in subsection (c) during the 24 calendar months 
     before acting as pilot in command of a covered aircraft and 
     demonstrates proof of completion of the course;
       (6) the individual, when serving as a pilot in command, is 
     under the care and treatment of a physician if the individual 
     has been diagnosed with any medical condition that may impact 
     the ability of the individual to fly;
       (7) the individual has received a comprehensive medical 
     examination from a State-licensed physician during the 
     previous 48 months and--
       (A) prior to the examination, the individual--
       (i) completed the individual's section of the checklist 
     described in subsection (b); and
       (ii) provided the completed checklist to the physician 
     performing the examination; and
       (B) the physician conducted the comprehensive medical 
     examination in accordance with the checklist described in 
     subsection (b), checking each item specified during the 
     examination and addressing, as medically appropriate, every 
     medical condition listed, and any medications the individual 
     is taking; and
       (8) the individual is operating in accordance with the 
     following conditions:
       (A) The covered aircraft is carrying not more than 5 
     passengers.
       (B) The individual is operating the covered aircraft under 
     visual flight rules or instrument flight rules.
       (C) The flight, including each portion of that flight, is 
     not carried out--
       (i) for compensation or hire, including that no passenger 
     or property on the flight is being carried for compensation 
     or hire;
       (ii) at an altitude that is more than 18,000 feet above 
     mean sea level;
       (iii) outside the United States, unless authorized by the 
     country in which the flight is conducted; or
       (iv) at an indicated air speed exceeding 250 knots.
       (b) Comprehensive Medical Examination.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall develop a 
     checklist for an individual to complete and provide to the 
     physician performing the comprehensive medical examination 
     required in subsection (a)(7).
       (2) Requirements.--The checklist shall contain--
       (A) a section, for the individual to complete that 
     contains--
       (i) boxes 3 through 13 and boxes 16 through 19 of the 
     Federal Aviation Administration Form 8500-8 (3-99);
       (ii) a signature line for the individual to affirm that--

       (I) the answers provided by the individual on that 
     checklist, including the individual's answers regarding 
     medical history, are true and complete;
       (II) the individual understands that he or she is 
     prohibited under Federal Aviation Administration regulations 
     from acting as pilot in command, or any other capacity as a 
     required flight crew member, if he or she knows or has reason 
     to know of any medical deficiency or medically disqualifying 
     condition that would make the individual unable to operate 
     the aircraft in a safe manner; and
       (III) the individual is aware of the regulations pertaining 
     to the prohibition on operations during medical deficiency 
     and has no medically disqualifying conditions in accordance 
     with applicable law;

[[Page S8679]]

       (B) a section with instructions for the individual to 
     provide the completed checklist to the physician performing 
     the comprehensive medical examination required in subsection 
     (a)(7); and
       (C) a section, for the physician to complete, that 
     instructs the physician--
       (i) to perform a clinical examination of--

       (I) head, face, neck, and scalp;
       (II) nose, sinuses, mouth, and throat;
       (III) ears, general (internal and external canals), and 
     eardrums (perforation);
       (IV) eyes (general), ophthalmoscopic, pupils (equality and 
     reaction), and ocular motility (associated parallel movement, 
     nystagmus);
       (V) lungs and chest (not including breast examination);
       (VI) heart (precordial activity, rhythm, sounds, and 
     murmurs);
       (VII) vascular system (pulse, amplitude, and character, and 
     arms, legs, and others);
       (VIII) abdomen and viscera (including hernia);
       (IX) anus (not including digital examination);
       (X) skin;
       (XI) G-U system (not including pelvic examination);
       (XII) upper and lower extremities (strength and range of 
     motion);
       (XIII) spine and other musculoskeletal;
       (XIV) identifying body marks, scars, and tattoos (size and 
     location);
       (XV) lymphatics;
       (XVI) neurologic (tendon reflexes, equilibrium, senses, 
     cranial nerves, and coordination, etc.);
       (XVII) psychiatric (appearance, behavior, mood, 
     communication, and memory);
       (XVIII) general systemic;
       (XIX) hearing;
       (XX) vision (distant, near, and intermediate vision, field 
     of vision, color vision, and ocular alignment);
       (XXI) blood pressure and pulse; and
       (XXII) anything else the physician, in his or her medical 
     judgment, considers necessary;

       (ii) to exercise medical discretion to address, as 
     medically appropriate, any medical conditions identified, and 
     to exercise medical discretion in determining whether any 
     medical tests are warranted as part of the comprehensive 
     medical examination;
       (iii) to discuss all drugs the individual reports taking 
     (prescription and nonprescription) and their potential to 
     interfere with the safe operation of an aircraft or motor 
     vehicle;
       (iv) to sign the checklist, stating: ``I certify that I 
     discussed all items on this checklist with the individual 
     during my examination, discussed any medications the 
     individual is taking that could interfere with their ability 
     to safely operate an aircraft or motor vehicle, and performed 
     an examination that included all of the items on this 
     checklist. I certify that I am not aware of any medical 
     condition that, as presently treated, could interfere with 
     the individual's ability to safely operate an aircraft.''; 
     and
       (v) to provide the date the comprehensive medical 
     examination was completed, and the physician's full name, 
     address, telephone number, and State medical license number.
       (3) Logbook.--The completed checklist shall be retained in 
     the individual's logbook and made available on request.
       (c) Medical Education Course Requirements.--The medical 
     education course described in this subsection 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 of the impacts of potentially 
     impairing over-the-counter and prescription drug medications;
       (7) encourage regular medical examinations and 
     consultations with primary care physicians;
       (8) inform pilots of the regulations pertaining to the 
     prohibition on operations during medical deficiency and 
     medically disqualifying conditions;
       (9) provide the checklist developed by the Federal Aviation 
     Administration in accordance with subsection (b); and
       (10) upon successful completion of the course, 
     electronically provide to the individual and transmit to the 
     Federal Aviation Administration--
       (A) a certification of completion of the medical education 
     course, which shall be printed and retained in the 
     individual's logbook and made available upon request, and 
     shall contain the individual's name, address, and airman 
     certificate number;
       (B) subject to subsection (d), a release authorizing the 
     National Driver Register through a designated State 
     Department of Motor Vehicles to furnish to the Federal 
     Aviation Administration information pertaining to the 
     individual's driving record;
       (C) a certification by the individual that the individual 
     is under the care and treatment of a physician if the 
     individual has been diagnosed with any medical condition that 
     may impact the ability of the individual to fly, as required 
     under (a)(6);
       (D) a form that includes--
       (i) the name, address, telephone number, and airman 
     certificate number of the individual;
       (ii) the name, address, telephone number, and State medical 
     license number of the physician performing the comprehensive 
     medical examination required in subsection (a)(7);
       (iii) the date of the comprehensive medical examination 
     required in subsection (a)(7); and
       (iv) a certification by the individual that the checklist 
     described in subsection (b) was followed and signed by the 
     physician in the comprehensive medical examination required 
     in subsection (a)(7); and
       (E) a statement, which shall be printed, and signed by the 
     individual certifying that the individual understands the 
     existing prohibition on operations during medical deficiency 
     by stating: ``I understand that I cannot act as pilot in 
     command, or any other capacity as a required flight crew 
     member, 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.''.
       (d) National Driver Register.--The authorization under 
     subsection (c)(10)(B) shall be an authorization for a single 
     access to the information contained in the National Driver 
     Register.
       (e) 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 of a 
     covered aircraft shall be required to have completed the 
     process for obtaining an Authorization for Special Issuance 
     of a Medical Certificate for each of the following:
       (A) A mental health disorder, limited to an established 
     medical history or clinical diagnosis 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) bipolar disorder; or
       (iv) substance dependence within the previous 2 years, as 
     defined in section 67.307(a)(4) of title 14, Code of Federal 
     Regulations.
       (B) A neurological disorder, limited to an established 
     medical history or clinical diagnosis of any 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 a one-time 
     special issuance for each diagnosis of the following:
       (i) Myocardial infraction.
       (ii) Coronary heart disease that has required treatment.
       (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.
       (3) Special rule for mental health conditions.--
       (A) In the case of an individual with a clinically 
     diagnosed mental health condition, the third-class medical 
     certificate exemption under subsection (a) shall not apply 
     if--
       (i) in the judgment of the individual's State-licensed 
     medical specialist, the condition--

       (I) renders the individual unable to safely perform the 
     duties or exercise the airman privileges described in 
     subsection (a)(8); or
       (II) may reasonably be expected to make the individual 
     unable to perform the duties or exercise the privileges 
     described in subsection (a)(8); or

       (ii) the individual's driver's license is revoked by the 
     issuing agency as a result of a clinically diagnosed mental 
     health condition.
       (B) Subject to subparagraph (A), an individual clinically 
     diagnosed with a mental health condition shall certify every 
     2 years, in conjunction with the certification under 
     subsection (c)(10)(C), that the individual is under the care 
     of a State-licensed medical specialist for that mental health 
     condition.
       (4) Special rule for neurological conditions.--
       (A) In the case of an individual with a clinically 
     diagnosed neurological condition, the third-class medical 
     certificate exemption under subsection (a) shall not apply 
     if--
       (i) in the judgment of the individual's State-licensed 
     medical specialist, the condition--

       (I) renders the individual unable to safely perform the 
     duties or exercise the airman privileges described in 
     subsection (a)(8); or
       (II) may reasonably be expected to make the individual 
     unable to perform the duties or exercise the privileges 
     described in subsection (a)(8); or

       (ii) the individual's driver's license is revoked by the 
     issuing agency as a result of a clinically diagnosed 
     neurological condition.

[[Page S8680]]

       (B) Subject to subparagraph (A), an individual clinically 
     diagnosed with a neurological condition shall certify every 2 
     years, in conjunction with the certification under subsection 
     (c)(10)(C), that the individual is under the care of a State-
     licensed medical specialist for that neurological condition.
       (f) Identification of Additional Medical Conditions for the 
     CACI Program.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall review and 
     identify additional medical conditions that could be added to 
     the program known as the Conditions AMEs Can Issue (CACI) 
     program.
       (2) Consultations.--In carrying out paragraph (1), the 
     Administrator shall consult with aviation, medical, and union 
     stakeholders.
       (3) Report required.--Not later than 180 days after the 
     date of enactment of this Act, the Administrator shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     listing the medical conditions that have been added to the 
     CACI program under paragraph (1).
       (g) Expedited Authorization for Special Issuance of a 
     Medical Certificate.--
       (1) In general.--The Administrator shall implement 
     procedures to expedite the process for obtaining an 
     Authorization for Special Issuance of a Medical Certificate 
     under section 67.401 of title 14, Code of Federal 
     Regulations.
       (2) Consultations.--In carrying out paragraph (1), the 
     Administrator shall consult with aviation, medical, and union 
     stakeholders.
       (3) Report required.--Not later than 1 year after the date 
     of enactment of this Act, the Administrator shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report describing how the 
     procedures implemented under paragraph (1) will streamline 
     the process for obtaining an Authorization for Special 
     Issuance of a Medical Certificate and reduce the amount of 
     time needed to review and decide special issuance cases.
       (h) Report Required.--Not later than 5 years after the date 
     of enactment of this Act, the Administrator, in coordination 
     with the National Transportation Safety Board, shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives 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.
       (i) Prohibition on Enforcement Actions.--Beginning on the 
     date that is 1 year after the date of 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, through a good 
     faith effort, if the pilot and the flight meet the applicable 
     requirements under subsection (a), except paragraph (5), 
     unless the Administrator has published final regulations in 
     the Federal Register under that subsection.
       (j) Covered Aircraft Defined.--In this section, the term 
     ``covered aircraft'' means an aircraft that--
       (1) is authorized under Federal law to carry not more than 
     6 occupants; and
       (2) has a maximum certificated takeoff weight of not more 
     than 6,000 pounds.
       (k) Operations Covered.--The provisions and requirements 
     covered in this section do not apply to pilots who elect to 
     operate under the medical requirements under subsection (b) 
     or subsection (c) of section 61.23 of title 14, Code of 
     Federal Regulations.
       (l) Authority To Require Additional Information.--
       (1) In general.--If the Administrator receives credible or 
     urgent information, including from the National Driver 
     Register or the Administrator's Safety Hotline, that reflects 
     on an individual's ability to safely operate a covered 
     aircraft under the third-class medical certificate exemption 
     in subsection (a), the Administrator may require the 
     individual to provide additional information or history so 
     that the Administrator may determine whether the individual 
     is safe to continue operating a covered aircraft.
       (2) Use of information.--The Administrator may use credible 
     or urgent information received under paragraph (1) to request 
     an individual to provide additional information or to take 
     actions under section 44709(b) of title 49, United States 
     Code.

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

       (a) Appeals of Suspended and Revoked Airman Certificates.--
     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 by 
     striking ``or imposing a punitive civil action or an 
     emergency order of revocation under subsections (d) and (e) 
     of section 44709 of such title'' and inserting ``suspending 
     or revoking an airman certificate under section 44709(d) of 
     such title, or imposing an emergency order of revocation 
     under subsections (d) and (e) of section 44709 of such 
     title''.
       (b) De Novo Review by District Court; Burden of Proof.--
     Section 2(e) of the Pilot's Bill of Rights (Public Law 112-
     153; 126 Stat. 1159; 49 U.S.C. 44703 note) 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 an airman 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 findings of fact of 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 after an exhaustion of 
     administrative remedies, the burden of proof shall be as 
     follows:
       ``(A) In an appeal of the denial of an application for the 
     issuance or renewal of an airman certificate under section 
     44703 of title 49, United States Code, the burden of proof 
     shall be upon the applicant denied an airman certificate by 
     the Administrator.
       ``(B) In an appeal of an order issued by the Administrator 
     under section 44709 of title 49, United States Code, 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) of this subsection or 
     subsection (a)(1) of section 554 of title 5, United States 
     Code, section 554 of such title shall apply 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 enactment of the Pilot's 
     Bill of Rights 2.''.
       (c) Notification of Investigation.--Subsection (b) of 
     section 2 of the Pilot's Bill of Rights (Public Law 112-153; 
     126 Stat. 1159; 49 U.S.C. 44703 note) is amended--
       (1) in paragraph (2)(A), by inserting ``and the specific 
     activity on which the investigation is based'' after ``nature 
     of the investigation''; and
       (2) in paragraph (3), by striking ``timely''; and
       (3) in paragraph (5), by striking ``section 44709(c)(2)'' 
     and inserting ``section 44709(e)(2)''.
       (d) Release of Investigative Reports.--Section 2 of the 
     Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159; 
     49 U.S.C. 44703 note) is further 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 
     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 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 the Emergency Order is issued, the 
     Administrator shall issue all portions of the report that are 
     available at the time and shall provide the full report 
     within 5 days of its completion.
       ``(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 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.

[[Page S8681]]

       ``(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. 4. LIMITATIONS ON REEXAMINATION OF CERTIFICATE HOLDERS.

       (a) In General.--Section 44709(a) of title 49, United 
     States Code, is amended--
       (1) by striking ``The Administrator'' and inserting the 
     following:
       ``(1) In general.--The Administrator'';
       (2) by striking ``reexamine'' and inserting ``, except as 
     provided in paragraph (2), reexamine''; and
       (3) by adding at the end the following:
       ``(2) Limitation on the reexamination of airman 
     certificates.--
       ``(A) In general.--The Administrator may not reexamine an 
     airman holding a student, sport, recreational, or private 
     pilot 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 the 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 under subparagraph (A), the 
     Administrator shall provide to the airman--
       ``(i) a reasonable basis, described in detail, for 
     requesting the reexamination; and
       ``(ii) any information gathered by the Federal Aviation 
     Administration, that the Administrator determines is 
     appropriate to provide, such as the scope and nature of the 
     requested reexamination, that formed the basis for that 
     justification.''.
       (b) Amendment, Modification, Suspension, or Revocation of 
     Airman Certificates After Reexamination.--Section 44709(b) of 
     title 49, United States Code, is amended--
       (1) in paragraph (1), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively, and indenting 
     appropriately;
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (3) in the matter preceding subparagraph (A), as 
     redesignated, by striking ``The Administrator'' and inserting 
     the following:
       ``(1) In general.--Except as provided in paragraph (2), the 
     Administrator''; and
       (4) by adding at the end the following:
       ``(2) Amendments, modifications, suspensions, and 
     revocations of airman certificates after reexamination.--
       ``(A) In general.--The Administrator may not issue an order 
     to amend, modify, suspend, or revoke an airman certificate 
     held by a student, sport, recreational, or private pilot and 
     issued under section 44703 of this title after a 
     reexamination of the airman holding the certificate unless 
     the Administrator determines 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 order of the Administrator 
     under this paragraph shall be subject to the standard of 
     review provided for under section 2 of the Pilot's Bill of 
     Rights (49 U.S.C. 44703 note).''.
       (c) Conforming Amendments.--Section 44709(d)(1) of title 
     49, United States Code, 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.--
       (1) Beginning on the date that is 180 days after the date 
     of enactment of this Act, the Administrator of the Federal 
     Aviation Administration may not take any enforcement action 
     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 to the appropriate 
     congressional committees that the Administrator has complied 
     with the requirements of section 3 of the Pilot's Bill of 
     Rights, as amended by this section.
       (2) In this subsection, the term ``appropriate 
     congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) 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 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. 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) Administration.--The term `Administration' means the 
     Federal Aviation Administration.
       ``(2) Administrator.--The term `Administrator' means the 
     Administrator of the Federal Aviation Administration.
       ``(3) Applicable individual.--The term `applicable 
     individual' means an individual who is the subject of an 
     investigation initiated by the Administrator related to a 
     covered flight record.
       ``(4) Contract tower.--The term `contract tower' means an 
     air traffic control tower providing air traffic control 
     services pursuant to a contract with the Administration under 
     the contract air traffic control tower program under section 
     47124(b)(3).
       ``(5) Covered flight record.--The term `covered flight 
     record' means any 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 Administration, including any program of the 
     Administration carried out by employees or contractors of the 
     Administration, such as contract towers, flight service 
     stations, and controller training programs.
       ``(b) Provision of Covered Flight Record to 
     Administration.--
       ``(1) Requests.--Whenever the Administration receives a 
     written request for a covered flight record from an 
     applicable individual and the covered flight record is not in 
     the possession of the Administration, the Administrator shall 
     request the covered flight record from the contract tower or 
     other contractor of the Administration in possession of the 
     covered flight record.
       ``(2) Provision of records.--Any covered flight record 
     created, maintained, or controlled by a contract tower or 
     another contractor of the Administration that maintains 
     covered flight records shall be provided to the 
     Administration if the Administration requests the record 
     pursuant to paragraph (1).
       ``(3) Notice of proposed certificate action.--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 has 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.

[[Page S8682]]

       ``(c) Implementation.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Pilot's Bill of Rights 2, the 
     Administrator shall promulgate regulations or guidance to 
     ensure compliance with this section.
       ``(2) Compliance by contractors.--
       ``(A) Compliance with this section by a contract tower or 
     other contractor of the Administration that maintains covered 
     flight records shall be included as a material term in any 
     contract between the Administration and the contract tower or 
     contractor entered into or renewed on or after the date of 
     enactment of the Pilot's Bill of Rights 2.
       ``(B) Subparagraph (A) shall not apply to any contract or 
     agreement in effect on the date of enactment of the Pilot's 
     Bill of Rights 2 unless the contract or agreement is 
     renegotiated, renewed, or modified after that date.''.
       (b) Technical and Conforming Amendments.--The table of 
     contents 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. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CERTAIN NOTICES.

       Not later than 180 days after the date of 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 of the Federal 
     Aviation Administration to close enforcement actions covered 
     by that section with a warning notice, letter of correction, 
     or other administrative action.

  Mr. INHOFE. Mr. President, first of all, let me thank the Senator 
from Connecticut, because it is complicated. This is something that--it 
is also very difficult to actually explain a bill to 69 people and get 
that many cosponsors. But it is something we have been concerned about 
for a long time. Ten years ago, on the light aircraft, we actually had 
this language--even stronger than it is now. In that period of time, 
there hasn't been one accident that can be related to a third-class 
medical. I think the time has proven itself in 10 years.
  To respond, I would be very happy to work with the Senator from 
Connecticut on problems that may rise that I don't envision right now. 
I appreciate very much his cooperation and also his staying around this 
late at night.
  Thank you so much.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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