S.Amdt. 2267

1. Adds TITLE __--PILOT'S BILL OF RIGHTS 2 wherever appropriate

   Adds a title

   Inserted: TITLE __--PILOT'S BILL OF RIGHTS 2

   Inserted: SEC. __01. SHORT TITLE.

   Inserted: This title may be cited as the "Pilot's Bill of Rights 2".

   Inserted: SEC. __02. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT PILOTS.

   Inserted: (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall issue or revise medical certificate regulations to ensure that an individual may operate as pilot in command or required crewmember of a covered aircraft without regard to any medical certification or proof of health requirement otherwise applicable under Federal law if--

   Inserted: (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;

   Inserted: (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;

   Inserted: (3) the most recent medical certificate issued by the Federal Aviation Administration to the individual--

   Inserted: (A) indicates whether the certificate is first, second, or third class;

   Inserted: (B) includes authorization for special issuance;

   Inserted: (C) may be expired;

   Inserted: (D) cannot have been revoked or suspended; and

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   Inserted: (E) cannot have been withdrawn;

   Inserted: (4) the aircraft is carrying not more than 5 passengers;

   Inserted: (5) the individual is operating the aircraft under visual flight rules or instrument flight rules;

   Inserted: (6) the flight, including each portion of that flight, is not carried out--

   Inserted: (A) for compensation or hire, including that no passenger or property on the flight is being carried for compensation or hire;

   Inserted: (B) at an altitude that is not more than 18,000 feet above mean sea level;

   Inserted: (C) outside the United States, unless authorized by the country in which the flight is conducted; or

   Inserted: (D) at an indicated air speed exceeding 250 knots;

   Inserted: (7)(A) the individual has completed a medical education course described in subsection (b) during the 24 calendar months before acting as pilot in command or required crewmember in a covered aircraft and demonstrates proof of completion of the course; or

   Inserted: (B) the individual exercises sport pilot privileges or acts as pilot in command of a glider or balloon; and

   Inserted: (8) the individual, when serving as a pilot in command or required crewmember, is under the care and treatment of a private physician if the individual has been diagnosed with any medical condition that may impact the ability of the individual to fly.

   Inserted: (b) Medical Education Course Requirements.--The medical education course described in subsection (a)(7) shall--

   Inserted: (1) be available on the Internet free of charge,

   Inserted: (2) be developed and periodically updated in coordination with representatives of relevant nonprofit and not-for-profit general aviation stakeholder groups;

   Inserted: (3) educate pilots on conducting medical self-assessments;

   Inserted: (4) advise pilots on identifying warning signs of potential serious medical conditions;

   Inserted: (5) identify risk mitigation strategies for medical conditions;

   Inserted: (6) increase awareness and impacts of potentially impairing over-the-counter and prescription drug medications;

   Inserted: (7) encourage regular medical exams and consultations with primary care physicians;

   Inserted: (8) inform pilots of the regulations pertaining to the prohibition on operations during medical deficiency; and

   Inserted: (9) provide to an individual a signature page, which shall be transmitted to the Administrator, for the individual to certify that the individual has--

   Inserted: (A) completed the course;

   Inserted: (B) received a routine physical exam from an appropriately qualified physician during the 60 months before acting as pilot in command or required crewmember in a covered aircraft;

   Inserted: (C) received the care and treatment from a private physician in accordance with subsection (a)(8), if applicable; and

   Inserted: (D) declared an understanding of the existing prohibition on operations during medical deficiency by stating: "I understand that I cannot act as pilot in command, or in any other capacity as a required flight crewmember, if I know or have reason to know of any medical condition that would make me unable to operate the aircraft in a safe manner.".

   Inserted: (c) Special Issuance Process.--

   Inserted: (1) In general.--An individual who has qualified for the third-class medical certificate exemption under subsection (a) and is seeking to serve as a pilot in command or required crew member of a covered aircraft shall be required to have completed the process for obtaining an Authorization for Special Issuance of a Medical Certificate one time if the individual is diagnosed with any of the following medical conditions:

   Inserted: (A) A mental health disorder, limited to clinically diagnosed conditions of--

   Inserted: (i) personality disorder that is severe enough to have repeatedly manifested itself by overt acts;

   Inserted: (ii) psychosis, defined as a case in which an individual--

   Inserted: (I) has manifested delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of psychosis; or

   Inserted: (II) may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of psychosis;

   Inserted: (iii) severe bipolar disorder; and

   Inserted: (iv) substance dependence within the previous 2 years, as defined in section 67.307(4) of title 14, Code of Federal Regulations.

   Inserted: (B) A neurological disorder, limited to an established medical history and clinical diagnosis of the following:

   Inserted: (i) Epilepsy.

   Inserted: (ii) Disturbance of consciousness without satisfactory medical explanation of the cause.

   Inserted: (iii) A transient loss of control of nervous system functions without satisfactory medical explanation of the cause.

   Inserted: (C) A cardiovascular condition, limited to the following:

   Inserted: (i) Myocardial infraction.

   Inserted: (ii) Coronary heart disease that has been treated by open heart surgery.

   Inserted: (iii) Cardiac valve replacement.

   Inserted: (iv) Heart replacement.

   Inserted: (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.

   Inserted: (d) Report Required.--Not later than 5 years after the date of the enactment of this Act, the Administrator, in coordination with the National Transportation Safety Board, shall submit to Congress a report that describes the effect of the regulations issued or revised under subsection (a) and includes statistics with respect to changes in small aircraft activity and safety incidents.

   Inserted: (e) Prohibition on Enforcement Actions.--On and after the date that is 180 days after the date of the enactment of this Act, the Administrator may not take an enforcement action for not holding a valid third-class medical certificate against a pilot of a covered aircraft for a flight if the pilot and the flight meet the applicable requirements under subsection (a) unless the Administrator has published final regulations in the Federal Register under that subsection.

   Inserted: (f) Covered Aircraft Defined.--In this section, the term "covered aircraft" means an aircraft that--

   Inserted: (1) is not authorized under Federal law to carry more than 6 occupants; and

   Inserted: (2) has a maximum certificated takeoff weight of not more than 6,000 pounds.

   Inserted: SEC. __03. EXPANSION OF PILOT'S BILL OF RIGHTS.

   Inserted: (a) Appeals Not Subject to Exhaustion of Administrative Remedies.--

   Inserted: (1) In general.--Section 2(d)(1) of the Pilot's Bill of Rights (Public Law 112-153; 126 Stat. 1159; 49 U.S.C. 44703 note) is amended to read as follows:

   Inserted: "(1) In general.--Upon an order by the Administrator denying an application for the issuance or renewal of a covered certificate under section 44703 of title 49, United States Code, to amend, modify, suspend, or revoke a covered certificate under section 44709 or 44710 of such title, or to impose a civil penalty under section 46301 of such title, an individual substantially affected by the order may, at the individual's election, file an appeal with the National Transportation Safety Board or, without further administrative review, in the United States district court in which the individual resides or in which the action in question occurred, or in the United States District Court for the District of Columbia.".

   Inserted: (2) Conforming amendment.--Section 2(d) of such Act is amended--

   Inserted: (A) in paragraph (2), by striking "Federal district court" and inserting "United States district court";

   Inserted: (B) by redesignating paragraph (2) as paragraph (3); and

   Inserted: (C) by inserting after paragraph (1) the following:

   Inserted: "(2) Exception for review of the administrator's determination of emergency.--An individual affected by any order issued by the Administrator under section 44709 or 44710 of title 49, United States Code, as an emergency order, as an order not designated as an emergency order but later amended to be an emergency order, or any order designated as effective immediately, may petition for a review by the Board, under procedures promulgated by the Board, of the Administrator's determination that an emergency exists.".

   Inserted: (b) De Novo Review by District Court; Burden of Proof.--Section 2(e) of such Act is amended--

   Inserted: (1) by amending paragraph (1) to read as follows:

   Inserted: "(1) In general.--In an appeal filed under subsection (d) in a United States district court with respect to a denial, suspension, or revocation of a covered certificate or the imposition of a punitive civil action by the Administrator--

   Inserted: "(A) the district court shall review the denial, suspension, revocation, or the imposition of a punitive civil action de novo, including by--

   Inserted: "(i) conducting a full independent review of the complete administrative record of the denial, suspension, or revocation;

   Inserted: "(ii) permitting additional discovery and the taking of additional evidence; and

   Inserted: "(iii) making the findings of fact and conclusions of law required by Rule 52 of the Federal Rules of Civil Procedure without being bound to any facts found by the Administrator or the National Transportation Safety Board.";

   Inserted: (2) by redesignating paragraph (2) as paragraph (3); and

   Inserted: (3) by inserting after paragraph (1) the following:

   Inserted: "(2) Burden of proof.--In an appeal filed under subsection (d) in a United States district court, the burden of proof shall be as follows:

   Inserted: "(A) In an appeal of an order issued by the Administrator pursuant to section 44703 of title 49, United States Code, the burden of proof shall be upon the applicant denied a covered certificate by the Administrator.

   Inserted: "(B) In an appeal of an order issued by the Administrator pursuant to section 44709, 44710, or 46301 of such title, the burden of proof shall be upon the Administrator."; and

   Inserted: (4) by adding at the end the following:

   Inserted: "(4) Applicability of administrative procedure act.--Notwithstanding paragraph (1)(A) or subsection (a)(1) of section 554 of title 5, United States Code, that section applies to adjudications of the Administrator and the National Transportation Safety Board to the same extent as that section applied to such adjudications before the date of the enactment of the Pilot's Bill of Rights 2.".

   Inserted: (c) Expansion to Other Certificates Issued by Federal Aviation Administration.--

   Inserted: (1) In general.--Section 2 of such Act is amended--

   Inserted: (A) in subsection (a)--

   Inserted: (i) by striking "subpart C, D, or F of"; and

   Inserted: (ii) by striking "an airman certificate" and inserting "a covered certificate"; and

   Inserted: (B) in subsection (b)(1), by striking "an airman certificate under chapter 447 of title 49, United States Code" and inserting "a covered certificate".

   Inserted: (2) Covered certificate defined.--Section 2 of such Act is amended by adding at the end the following:

   Inserted: "(j) Covered Certificate Defined.--In this section, the term 'covered certificate' means a certificate or any other authorization issued by the Administrator and held by an individual under chapter 447 of title 49, United States Code.".

   Inserted: (d) Notification of Investigation.--Section 2 of such Act is further amended--

   Inserted: (1) by striking subsection (c);

   Inserted: (2) by redesignating paragraph (5) of subsection (b) as subsection (c), and by moving such subsection, as so redesignated, two ems to the left;

   Inserted: (3) in subsection (b)--

   Inserted: (A) in paragraph (2)(A), by inserting "and the specific activity on which the investigation is based" after "nature of the investigation";

   Inserted: (B) in paragraph (3), by striking "timely";

   Inserted: (C) by redesignating paragraph (4) as paragraph (5); and

   Inserted: (D) by inserting after paragraph (3) the following:

   Inserted: "(4) Failure to provide information.--If the Administrator does not provide an individual with the notification required by paragraph (1) with respect to an investigation relating to the amendment, modification, suspension, or revocation of a covered certificate, including all of the information required under paragraph (2), the Administrator may not--

   Inserted: "(A) retain any record of the investigation without expunging all information that establishes or may reasonably assist in establishing the identity of the individual that was the subject of the investigation;

   Inserted: "(B) suspend, or revoke the covered certificate;

   Inserted: "(C) seek a civil penalty or other punitive action against the individual; or

   Inserted: "(D) in any way take action, including issuance of a warning letter or letter of correction or any other administrative action, with regard to the matter that was the subject of the investigation."; and

   Inserted: (4) in subsection (c), as redesignated by paragraph (2), by striking "section 44709(c)(2)" and inserting "section 44709(e)(2)".

   Inserted: (e) Release of Investigative Reports.--Section 2 of such Act is amended by inserting after subsection (e) the following:

   Inserted: "(f) Release of Investigative Reports.--

   Inserted: "(1) In general.--

   Inserted: "(A) Emergency orders.--In any proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to the amendment, modification, suspension, or revocation of a covered certificate, in which the Administrator issues an emergency order under subsections (d) and (e) of section 44709, section 44710, or section 46105(c) of title 49, United States Code, or another order that takes effect immediately, the Administrator shall provide to the individual holding the covered certificate the releasable portion of the investigative report at the time the Administrator issues the order.

   Inserted: "(B) Other orders.--In any non-emergency proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to the amendment, modification, suspension, or revocation of a covered certificate, or the imposition of a civil penalty, in which the Administrator notifies the covered certificate holder of a proposed certificate action under subsections (b) and (c) of section 44709 or section 44710 of title 49, United States Code, the Administrator shall, upon the written request of the covered certificate holder and at any time after that notification, provide to the covered certificate holder the releasable portion of the investigative report.

   Inserted: "(2) Motion for dismissal.--If the Administrator does not provide the releasable portions of the investigative report to the individual holding the covered certificate subject to the proceeding referred to in paragraph (1) by the time required by that paragraph, the individual may move to dismiss the complaint of the Administrator or for other relief and, unless the Administrator establishes good cause for the failure to provide the investigative report, the administrative law judge shall order such relief as the judge considers appropriate.

   Inserted: "(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:

   Inserted: "(A) Information that is privileged.

   Inserted: "(B) Information that constitutes work product or reflects internal deliberative process.

   Inserted: "(C) Information that would disclose the identity of a confidential source.

   Inserted: "(D) Information the disclosure of which is prohibited by any other provision of law.

   Inserted: "(E) Information that is not relevant to the subject matter of the proceeding.

   Inserted: "(F) Information the Administrator can demonstrate is withheld for good cause.

   Inserted: "(G) Sensitive security information, as defined in section 15.5 of title 49, Code of Federal Regulations (or any corresponding similar ruling or regulation).

   Inserted: "(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)--

   Inserted: "(A) information in addition to the information included in the releasable portion of the investigative report; or

   Inserted: "(B) a copy of the investigative report before the Administrator issues a complaint.".

   Inserted: (f) Limitation on Document Requests.--Section 2 of such Act, as amended by subsection (e), is further amended by inserting after subsection (f) the following:

   Inserted: "(g) Limitation on Document Requests.--In any case in which the Administrator initiates an investigation described in subsection (b)(1) with respect to an individual, the Administrator and the investigating officials may request documents from the individual only if the request is limited and narrowly tailored to issues in the investigation.".

   Inserted: (g) Limitation on Retention of Records.--Section 2 of such Act, as amended by subsections (e) and (f), is further amended by inserting after subsection (g) the following:

   Inserted: "(h) Limitation on Retention of Records.--The Administrator shall not retain any information that establishes or may reasonably assist in establishing the identity of an individual that was the subject of any investigation described in subsection (b)(1) with respect to a covered certificate--

   Inserted: "(1) that does not result in an enforcement action after the date that is 90 days after the Administrator determines not to take enforcement action; or

   Inserted: "(2) in a case in which the Administrator does take enforcement action and that case is subsequently dismissed, after the date that is 90 days after the dismissal of the case.

   Inserted: "(i) Prohibition on Publicizing Pending Investigations or Enforcement Actions.--The Administrator may not indicate in the publicly accessible records of an individual holding a covered certificate who is the subject of an investigation described in subsection (b)(1) any information that is different from information in such records of an individual who is not the subject of such an investigation.".

   Inserted: SEC. __04. LIMITATIONS ON REEXAMINATION OF CERTIFICATE HOLDERS.

   Inserted: (a) In General.--Section 44709 of title 49, United States Code, is amended--

   Inserted: (1) in subsection (a)--

   Inserted: (A) in the subsection heading, by striking "and Reexamination";

   Inserted: (B) by striking "The Administrator" and inserting the following:

   Inserted: "(1) In general.--The Administrator";

   Inserted: (C) by striking ", or reexamine an airman holding a certificate issued under section 44703 of this title"; and

   Inserted: (D) by adding at the end the following:

   Inserted: "(2) Reexamination of airmen certificates.--

   Inserted: "(A) In general.--The Administrator may not reexamine an airman holding a certificate issued under section 44703 of this title if the reexamination is ordered as a result of an event involving the fault of the Federal Aviation Administration or its designee, unless the Administrator has reasonable grounds--

   Inserted: "(i) to establish that an airman may not be qualified to exercise the privileges of a particular certificate or rating, based upon an act or omission committed by the airman while exercising those privileges, after the certificate or rating was issued by the Federal Aviation Administration or its designee; or

   Inserted: "(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.

   Inserted: "(B) Notification requirements.--Before taking any action to reexamine an airman holding a certificate issued under section 44703 of this title, the Administrator shall provide to the airman--

   Inserted: "(i) a reasonable basis, described in detail, for requesting the reexamination; and

   Inserted: "(ii) any releasable information gathered by the Federal Aviation Administration, such as the scope and nature of the requested reexamination, that formed the basis for that justification.".

   Inserted: (b) Amendment, Modification, Suspension, or Revocation of Airmen Certificates After Reexamination.--Section 44709(b) of such title is amended--

   Inserted: (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), and by moving such clauses, as so redesignated, two ems to the right;

   Inserted: (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), and by moving such subparagraphs, as so redesignated, two ems to the right;

   Inserted: (3) by striking "The Administrator" and inserting the following:

   Inserted: "(1) In general.--The Administrator"; and

   Inserted: (4) by adding at the end the following:

   Inserted: "(2) Amendment, modification, suspension, or revocation of airmen certificates after reexamination.--

   Inserted: "(A) In general.--The Administrator may not amend, modify, suspend, or revoke an airman certificate issued under section 44703 of this title after a reexamination of the airman holding the certificate unless the Administrator finds that the airman--

   Inserted: "(i) lacks the technical skills and competency, or care, judgment, and responsibility, necessary to hold and safely exercise the privileges of the certificate; or

   Inserted: "(ii) materially contributed to the issuance of the certificate by fraudulent means.

   Inserted: "(B) Standard of review.--Any finding of the Administrator under this paragraph shall be subject to the standard of review provided for under the Pilot's Bill of Rights (49 U.S.C. 44703 note).".

   Inserted: (c) Conforming Amendments.--Section 44709(d)(1) of such title is amended--

   Inserted: (1) in subparagraph (A), by striking "subsection (b)(1)(A)" and inserting "subsection (b)(1)(A)(i)"; and

   Inserted: (2) in subparagraph (B), by striking "subsection (b)(1)(B)" and inserting "subsection (b)(1)(A)(ii)".

   Inserted: SEC. __05. EXPEDITING UPDATES TO NOTAM PROGRAM.

   Inserted: (a) In General.--The Administrator of the Federal Aviation Administration may not take any enforcement action, on or after the date that is 180 days after the date of the enactment of this Act, against any individual for a violation of a NOTAM (as defined in section 3 of the Pilot's Bill of Rights (49 U.S.C. 44701 note)) until the Administrator certifies that the Administrator has complied with the requirements of section 3 of the Pilot's Bill of Rights, as amended by this section, to--

   Inserted: (1) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and

   Inserted: (2) the Committee on Appropriations and the Committee on Transportation and Infrastructure of the House of Representatives.

   Inserted: (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--

   Inserted: (1) in subsection (a)(2)--

   Inserted: (A) in the matter preceding subparagraph (A)--

   Inserted: (i) by striking "this Act" and inserting "the Pilot's Bill of Rights 2"; and

   Inserted: (ii) by striking "begin" and inserting "complete the implementation of";

   Inserted: (B) by amending subparagraph (B) to read as follows:

   Inserted: "(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;";

   Inserted: (C) in subparagraph (C), by striking the period at the end and inserting a semicolon; and

   Inserted: (D) by adding at the end the following:

   Inserted: "(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

   Inserted: (2) by amending subsection (d) to read as follows:

   Inserted: "(d) Designation of Repository as Sole Source for Notams.--

   Inserted: "(1) In general.--The Administrator--

   Inserted: "(A) shall consider the repository for NOTAMs established under subsection (a)(2)(B) to be the sole location for airmen to check for NOTAMs; and

   Inserted: "(B) may not consider a NOTAM to be announced and published until the NOTAM is included in the repository.

   Inserted: "(2) Prohibition on taking action for violations of notams not in repository.--

   Inserted: "(A) In general.--Except as provided in subparagraph (A), on and after the date on which the repository established under subsection (a)(2)(B) is final and published, the Administrator may not take any enforcement action against an airman for a violation of a NOTAM during a flight if that NOTAM is not available through the repository before the commencement of the flight and reasonably accessible and identifiable to the airman.

   Inserted: "(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.".

   Inserted: SEC. __06. ACCESSIBILITY OF CERTAIN FLIGHT DATA.

   Inserted: (a) In General.--Subchapter I of chapter 471 of title 49, United States Code, is amended by inserting after section 47124 the following:

   Inserted: "Sec. 47124a. Accessibility of certain flight data

   Inserted: "(a) Definitions.--In this section:

   Inserted: "(1) Contract tower.--The term 'contract tower' means an air traffic control tower providing air traffic control services pursuant to a contract with the Federal Aviation Administration under the Contract Tower Program under section 47124(b)(3).

   Inserted: "(2) Covered flight record.--The term 'covered flight record' means any flight data, including air traffic data (as defined in section 2(b)(4)(B) of the Pilot's Bill of Rights (49 U.S.C. 44703 note)), created, maintained, or controlled by any program of the Federal Aviation Administration, whether carried out by employees or contractors of the Federal Aviation Administration, including contract towers, flight service stations, and controller training programs.

   Inserted: "(b) Provision of Covered Flight Data to Federal Aviation Administration.--

   Inserted: "(1) Request from federal aviation administration.--When the Federal Aviation Administration receives a request for a covered flight record from an individual who is the subject of an investigation initiated by the Administrator related to the flight record and that is not in the possession of the Federal Aviation Administration, the Administrator of the Federal Aviation Administration shall request the record from the contract tower or other contractor of the Federal Aviation Administration that possesses the record. If the Administrator has issued, or subsequently issues, a Notice of Proposed Certificate Action relying on evidence contained in the covered flight record and the individual who is the subject of an investigation had not previously requested the record, the Administrator shall promptly produce the record and extend the time the individual has to respond to the Notice of Proposed Certificate Action until the covered flight record is provided.

   Inserted: "(2) Provision of records to federal aviation administration.--Any covered flight record created, maintained, or controlled by a contract tower or another contractor of the Federal Aviation Administration that maintains covered flight records shall be provided to the Federal Aviation Administration if the Federal Aviation Administration requests the record pursuant to paragraph (1).

   Inserted: "(c) Format of Records.--Each contract tower or other contractor of the Federal Aviation Administration that maintains covered flight records shall maintain records relating to covered flight records in formats that are readily reproducible and reasonably searchable by the Federal Aviation Administration.

   Inserted: "(d) Regulations.--

   Inserted: "(1) In general.--Not later than 180 days after the date of the enactment of the Pilot's Bill of Rights 2, the Administrator shall promulgate regulations or guidance to ensure compliance with this section by the Federal Aviation Administration, contract towers, and other contractors of the Federal Aviation Administration that maintain covered flight records.

   Inserted: "(2) Compliance by applicable entities.--

   Inserted: "(A) In general.--Compliance with this section by a contract tower or other contractor of the Federal Aviation Administration that maintains covered flight records shall be included as a material term in any contract between the Federal Aviation Administration and the contract tower or contractor entered into or renewed on or after the date of the enactment of the Pilot's Bill of Rights 2.

   Inserted: "(B) Modification of contract or agreement.--Not later than one year after the date of the enactment of the Pilot's Bill of Rights 2, the Administrator shall secure a modification to include compliance with this section by each contract tower and other contractor of the Federal Aviation Administration that maintains covered flight records as a material term in any contract between the Federal Aviation Administration and the contract tower or contractor that will not otherwise be renegotiated, renewed, or modified before the date that is one year after such date of enactment.".

   Inserted: (b) Clerical Amendment.--The table of sections for chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47124 the following:

   Inserted: "47124a. Accessibility of certain flight data.".

   Inserted: SEC. __07. LIMITATION OF LIABILITY FOR CERTAIN INDIVIDUALS DESIGNATED AS REPRESENTATIVES OF THE FEDERAL AVIATION ADMINISTRATION.

   Inserted: (a) In General.--Any individual designated by the Administrator of the Federal Aviation Administration under subpart C of part 183 of title 14, Code of Federal Regulations, to act as a representative of the Administrator, including an aviation medical examiner, pilot examiner, or designated airworthiness representative, shall, when carrying out duties pursuant to that designation and without regard to the individual's employer--

   Inserted: (1) be considered to be performing an activity necessary to safeguard a uniquely Federal interest; and

   Inserted: (2) not be liable in a civil action for actions performed with reasonable care in connection with those duties.

   Inserted: (b) Fraudulent Misconduct.--This section does not relieve an individual described in subsection (a) that causes harm to any person through intentional or fraudulent misconduct while carrying out duties pursuant to that subsection from any penalty applicable under any provision of law for that misconduct.

   Inserted: SEC. __08. AUTHORITY FOR LEGAL COUNSEL TO ISSUE CERTAIN NOTICES.

   Inserted: Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall revise section 13.11 of title 14, Code of Federal Regulations, to authorize legal counsel to close enforcement actions covered by that section with a warning notice, letter of correction, or other administrative action.

   Inserted: SEC. __09. LIABILITY PROTECTION FOR VOLUNTEER PILOTS THAT FLY FOR THE PUBLIC BENEFIT.

   Inserted: (a) Findings and Purpose.--

   Inserted: (1) Findings.--Congress finds the following:

   Inserted: (A) Many volunteer pilot nonprofit organizations fly for public benefit and provide valuable services to communities and individuals.

   Inserted: (B) In each calendar year, volunteer pilot nonprofit organizations provide long-distance, no-cost transportation for tens of thousands of people during times of special need.

   Inserted: (C) Such nonprofit organizations are no longer able to purchase liability insurance for aircraft they do not own to provide liability protection at a reasonable price, and therefore face a highly detrimental liability risk.

   Inserted: (D) Such nonprofit organizations have supported the homeland security of the United States by providing volunteer pilot services during times of national emergency.

   Inserted: (2) Purpose.--The purpose of this section is to promote the activities of volunteer pilot nonprofit organizations that fly for public benefit and to sustain the availability of the services that such nonprofit organizations provide, including the following:

   Inserted: (A) Transportation at no cost to financially needy medical patients for medical treatment, evaluation, and diagnosis.

   Inserted: (B) Flights for humanitarian and charitable purposes.

   Inserted: (C) Other flights of compassion.

   Inserted: (b) Liability Protection for Volunteer Pilot Nonprofit Organizations That Fly for Public Benefit and to Pilots and Staff of Such Nonprofit Organizations.--Section 4 of the Volunteer Protection Act of 1997 (42 U.S.C. 14503) is amended--

   Inserted: (1) in subsection (a)(4)--

   Inserted: (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

   Inserted: (B) by striking "the harm" and inserting "(A) except in the case of subparagraph (B), the harm";

   Inserted: (C) in subparagraph (A)(ii), as redesignated by this paragraph, by striking the period at the end and inserting "; and"; and

   Inserted: (D) by adding at the end the following:

   Inserted: "(B) the volunteer--

   Inserted: "(i) was operating an aircraft in furtherance of the purpose of a volunteer pilot nonprofit organization that flies for public benefit; and

   Inserted: "(ii) was properly licensed and insured for the operation of such aircraft."; and

   Inserted: (2) in subsection (c)--

   Inserted: (A) by striking "Nothing in this section" and inserting the following:

   Inserted: "(1) In general.--Except as provided in paragraph (2), nothing in this section"; and

   Inserted: (B) by adding at the end the following:

   Inserted: "(2) Exception.--A volunteer pilot nonprofit organization that flies for public benefit, the staff, mission coordinators, officers, and directors (whether volunteer or otherwise) of that nonprofit organization, and a referring agency of that nonprofit organization shall not be liable for harm caused to any person by a volunteer of the nonprofit organization while the volunteer--

   Inserted: "(A) is operating an aircraft in furtherance of the purpose of the nonprofit organization;

   Inserted: "(B) is properly licensed for the operation of the aircraft; and

   Inserted: "(C) has certified to the nonprofit organization that the volunteer has insurance covering the volunteer's operation of the aircraft.".

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed