(This measure has not been amended since it was passed by the Senate on June 29, 2012. The summary of that version is repeated here.)
Pilot's Bill of Rights - Requires National Transportation Safety Board (NTSB) proceedings for the review of decisions of the Administrator of the Federal Aviation Administration (FAA) to deny, amend, modify, suspend, or revoke an airman's certificate to be conducted, to the extent practicable, in accordance with the Federal Rules of Civil Procedure and Federal Rules of Evidence.
Requires the Administrator to: (1) provide timely, written notification to the subject of an investigation involving the approval, denial, suspension, modification, or revocation of an airman certificate of specified information pertinent to the investigation; and (2) provide him or her with access to relevant air traffic data. Authorizes the Administrator to delay such notification if it threatens the integrity of the investigation.
Allows a substantially affected individual to elect to file an appeal of a certificate denial, a punitive civil action, or an emergency order of revocation in the U.S. district court in which individual resides, in which the action in question occurred, or the district court for the District of Columbia. Allows a substantially affected individual who elects not to file an appeal in a U.S. district court to file such appeal in the appropriate U.S. court of appeals.
Directs the Administrator to begin a Notice to Airmen (NOTAM) Improvement Program to improve the system of providing airmen with pertinent and timely information before a flight in the national airspace system. Requires the Administrator to establish a NOTAM Improvement Panel composed of representatives of relevant nonprofit and not-for-profit general aviation pilot groups to advise the Administrator in carrying out program goals.
Requires the Comptroller General to: (1) assess the FAA process for the medical certification of airmen; and (2) report to Congress on revisions to the medical application form, the alignment of medical qualification policies with present-day qualified medical judgment and practices, and steps that could be taken to promote the public's understanding of the medical requirements determining an airman's medical certificate eligibility.
[112th Congress Public Law 153]
[From the U.S. Government Publishing Office]
[[Page 126 STAT. 1159]]
Public Law 112-153
112th Congress
An Act
To amend title 49, United States Code, to provide rights for pilots, and
for other purposes. <<NOTE: Aug. 3, 2012 - [S. 1335]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Pilot's Bill of
Rights.>>
SECTION 1. <<NOTE: 49 USC 40101 note.>> SHORT TITLE.
This Act may be cited as the ``Pilot's Bill of Rights''.
SEC. 2. <<NOTE: 49 USC 44703 note.>> FEDERAL AVIATION
ADMINISTRATION ENFORCEMENT PROCEEDINGS AND
ELIMINATION OF DEFERENCE.
(a) In General.--Any proceeding conducted under subpart C, D, or F
of part 821 of title 49, Code of Federal Regulations, relating to
denial, amendment, modification, suspension, or revocation of an airman
certificate, shall be conducted, to the extent practicable, in
accordance with the Federal Rules of Civil Procedure and the Federal
Rules of Evidence.
(b) Access to Information.--
(1) <<NOTE: Notification.>> In general.--Except as provided
under paragraph (3), the Administrator of the Federal Aviation
Administration (referred to in this section as the
``Administrator'') shall provide timely, written notification to
an individual who is the subject of an investigation relating to
the approval, denial, suspension, modification, or revocation of
an airman certificate under chapter 447 of title 49, United
States Code.
(2) Information required.--The notification required under
paragraph (1) shall inform the individual--
(A) of the nature of the investigation;
(B) that an oral or written response to a Letter of
Investigation from the Administrator is not required;
(C) that no action or adverse inference can be taken
against the individual for declining to respond to a
Letter of Investigation from the Administrator;
(D) that any response to a Letter of Investigation
from the Administrator or to an inquiry made by a
representative of the Administrator by the individual
may be used as evidence against the individual;
(E) that the releasable portions of the
Administrator's investigative report will be available
to the individual; and
(F) that the individual is entitled to access or
otherwise obtain air traffic data described in paragraph
(4).
[[Page 126 STAT. 1160]]
(3) Exception.--The Administrator may delay timely
notification under paragraph (1) if the Administrator determines
that such notification may threaten the integrity of the
investigation.
(4) Access to air traffic data.--
(A) FAA air traffic data.--The Administrator shall
provide an individual described in paragraph (1) with
timely access to any air traffic data in the possession
of the Federal Aviation Administration that would
facilitate the individual's ability to productively
participate in a proceeding relating to an investigation
described in such paragraph.
(B) Air traffic data defined.--As used in
subparagraph (A), the term ``air traffic data''
includes--
(i) relevant air traffic communication tapes;
(ii) radar information;
(iii) air traffic controller statements;
(iv) flight data;
(v) investigative reports; and
(vi) any other air traffic or flight data in
the Federal Aviation Administration's possession
that would facilitate the individual's ability to
productively participate in the proceeding.
(C) Government contractor air traffic data.--
(i) In general.--Any individual described in
paragraph (1) is entitled to obtain any air
traffic data that would facilitate the
individual's ability to productively participate
in a proceeding relating to an investigation
described in such paragraph from a government
contractor that provides operational services to
the Federal Aviation Administration, including
control towers and flight service stations.
(ii) Required information from individual.--
The individual may obtain the information
described in clause (i) by submitting a request to
the Administrator that--
(I) describes the facility at which
such information is located; and
(II) identifies the date on which
such information was generated.
(iii) Provision of information to
individual.--If the Administrator receives a
request under this subparagraph, the Administrator
shall--
(I) request the contractor to
provide the requested information; and
(II) upon receiving such
information, transmitting the
information to the requesting individual
in a timely manner.
(5) Timing.--Except when the Administrator determines that
an emergency exists under section 44709(c)(2) or 46105(c), the
Administrator may not proceed against an individual that is the
subject of an investigation described in paragraph (1) during
the 30-day period beginning on the date on which the air traffic
data required under paragraph (4) is made available to the
individual.
(c) <<NOTE: 49 USC 44703.>> Amendments to Title 49.--
[[Page 126 STAT. 1161]]
(1) Airman certificates.--Section 44703(d)(2) of title 49,
United States Code, is amended by striking ``but is bound by all
validly adopted interpretations of laws and regulations the
Administrator carries out unless the Board finds an
interpretation is arbitrary, capricious, or otherwise not
according to law''.
(2) <<NOTE: 49 USC 44709.>> Amendments, modifications,
suspensions, and revocations of certificates.--Section
44709(d)(3) of such title is amended by striking ``but is bound
by all validly adopted interpretations of laws and regulations
the Administrator carries out and of written agency policy
guidance available to the public related to sanctions to be
imposed under this section unless the Board finds an
interpretation is arbitrary, capricious, or otherwise not
according to law''.
(3) <<NOTE: 49 USC 44710.>> Revocation of airman
certificates for controlled substance violations.--Section
44710(d)(1) of such title is amended by striking ``but shall be
bound by all validly adopted interpretations of laws and
regulations the Administrator carries out and of written agency
policy guidance available to the public related to sanctions to
be imposed under this section unless the Board finds an
interpretation is arbitrary, capricious, or otherwise not
according to law''.
(d) Appeal From Certificate Actions.--
(1) In general.--Upon a decision by the National
Transportation Safety Board upholding an order or a final
decision by the Administrator denying an airman certificate
under section 44703(d) of title 49, United States Code, or
imposing a punitive civil action or an emergency order of
revocation under subsections (d) and (e) of section 44709 of
such title, an individual substantially affected by an order of
the Board may, at the individual's election, file an appeal in
the United States district court in which the individual resides
or in which the action in question occurred, or in the United
States District Court for the District of Columbia. If the
individual substantially affected by an order of the Board
elects not to file an appeal in a United States district court,
the individual may file an appeal in an appropriate United
States court of appeals.
(2) Emergency order pending judicial review.--Subsequent to
a decision by the Board to uphold an Administrator's emergency
order under section 44709(e)(2) of title 49, United States Code,
and absent a stay of the enforcement of that order by the Board,
the emergency order of amendment, modification, suspension, or
revocation of a certificate shall remain in effect, pending the
exhaustion of an appeal to a Federal district court as provided
in this Act.
(e) Standard of Review.--
(1) In general.--In an appeal filed under subsection (d) in
a United States district court, the district court shall give
full independent review of a denial, suspension, or revocation
ordered by the Administrator, including substantive independent
and expedited review of any decision by the Administrator to
make such order effective immediately.
(2) Evidence.--A United States district court's review under
paragraph (1) shall include in evidence any record of the
proceeding before the Administrator and any record of the
proceeding before the National Transportation Safety
[[Page 126 STAT. 1162]]
Board, including hearing testimony, transcripts, exhibits,
decisions, and briefs submitted by the parties.
SEC. 3. <<NOTE: 49 USC 44701 note.>> NOTICES TO AIRMEN.
(a) In General.--
(1) Definition.--In this section, the term ``NOTAM'' means
Notices to Airmen.
(2) <<NOTE: Deadline.>> Improvements.--Not later than 180
days after the date of the enactment of this Act, the
Administrator of the Federal Aviation Administration shall begin
a Notice to Airmen Improvement Program (in this section referred
to as the ``NOTAM Improvement Program'')--
(A) to improve the system of providing airmen with
pertinent and timely information regarding the national
airspace system;
(B) to archive, in a public central location, all
NOTAMs, including the original content and form of the
notices, the original date of publication, and any
amendments to such notices with the date of each
amendment; and
(C) to apply filters so that pilots can prioritize
critical flight safety information from other airspace
system information.
(b) Goals of Program.--The goals of the NOTAM Improvement Program
are--
(1) to decrease the overwhelming volume of NOTAMs an airman
receives when retrieving airman information prior to a flight in
the national airspace system;
(2) make the NOTAMs more specific and relevant to the
airman's route and in a format that is more useable to the
airman;
(3) to provide a full set of NOTAM results in addition to
specific information requested by airmen;
(4) to provide a document that is easily searchable; and
(5) to provide a filtering mechanism similar to that
provided by the Department of Defense Notices to Airmen.
(c) <<NOTE: Establishment.>> Advice From Private Sector Groups.--
The Administrator shall establish a NOTAM Improvement Panel, which shall
be comprised of representatives of relevant nonprofit and not-for-profit
general aviation pilot groups, to advise the Administrator in carrying
out the goals of the NOTAM Improvement Program under this section.
(d) <<NOTE: Deadline.>> Phase-in and Completion.--The improvements
required by this section shall be phased in as quickly as practicable
and shall be completed not later than the date that is 1 year after the
date of the enactment of this Act.
SEC. 4. <<NOTE: 49 USC 44703 note.>> MEDICAL CERTIFICATION.
(a) Assessment.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of the enactment of this Act, the
Comptroller General of the United States shall initiate an
assessment of the Federal Aviation Administration's medical
certification process and the associated medical standards and
forms.
(2) Report.--The Comptroller General shall submit a report
to Congress based on the assessment required under paragraph (1)
that examines--
(A) revisions to the medical application form that
would provide greater clarity and guidance to
applicants;
[[Page 126 STAT. 1163]]
(B) the alignment of medical qualification policies
with present-day qualified medical judgment and
practices, as applied to an individual's medically
relevant circumstances; and
(C) steps that could be taken to promote the
public's understanding of the medical requirements that
determine an airman's medical certificate eligibility.
(b) Goals of the Federal Aviation Administration's Medical
Certification Process.--The goals of the Federal Aviation
Administration's medical certification process are--
(1) to provide questions in the medical application form
that--
(A) are appropriate without being overly broad;
(B) are subject to a minimum amount of
misinterpretation and mistaken responses;
(C) allow for consistent treatment and responses
during the medical application process; and
(D) avoid unnecessary allegations that an individual
has intentionally falsified answers on the form;
(2) to provide questions that elicit information that is
relevant to making a determination of an individual's medical
qualifications within the standards identified in the
Administrator's regulations;
(3) to give medical standards greater meaning by ensuring
the information requested aligns with present-day medical
judgment and practices; and
(4) to ensure that--
(A) the application of such medical standards
provides an appropriate and fair evaluation of an
individual's qualifications; and
(B) the individual understands the basis for
determining medical qualifications.
(c) <<NOTE: Establishment.>> Advice From Private Sector Groups.--
The Administrator shall establish a panel, which shall be comprised of
representatives of relevant nonprofit and not-for-profit general
aviation pilot groups, aviation medical examiners, and other qualified
medical experts, to advise the Administrator in carrying out the goals
of the assessment required under this section.
(d) <<NOTE: Deadline.>> Federal Aviation Administration Response.--
Not later than 1 year after the issuance of the report by the
Comptroller
[[Page 126 STAT. 1164]]
General pursuant to subsection (a)(2), the Administrator shall take
appropriate actions to respond to such report.
Approved August 3, 2012.
LEGISLATIVE HISTORY--S. 1335:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 158 (2012):
June 29, considered and passed Senate.
July 23, considered and passed House.
<all>
Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.
Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.
Measure laid before Senate by unanimous consent. (consideration: CR S4733-4735)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Received in the House.
Message on Senate action sent to the House.
Referred to the House Committee on Transportation and Infrastructure.
Mr. Bucshon moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H5100-5102)
DEBATE - The House proceeded with forty minutes of debate on S. 1335.
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H5100-5101)
Enacted as Public Law 112-153
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On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H5100-5101)
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 112-153.
Became Public Law No: 112-153.