Mr. Speaker, I move to suspend the rules and pass the bill (S. 1335) to amend title 49, United States Code, to provide rights for pilots, and for other purposes. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days…
Mr. Speaker, I move to suspend the rules and pass the bill (S. 1335) to amend title 49, United States Code, to provide rights for pilots, and for other purposes.
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous materials on S. 1335.
Mr. Speaker, I yield myself such time as I may consume.
I rise in strong support of the Pilot's Bill of Rights.
S. 1335, the Pilot's Bill of Rights, is intended to restore fairness to airmen and Federal Aviation Administration enforcement proceedings by providing airmen timely access to critical information and adding an additional level of appeal for airmen disputing enforcement action. This bill also requires the FAA to improve the system of providing notices to airmen and directs the FAA to review and approve the medical certification form.
Pilots have expressed frustration and concerns about what they believe is unfair and inequitable treatment during FAA enforcement proceedings before the National Transportation Safety Board. They complain that the burden of proof is on the airman to prove his or her innocence rather than the FAA proving guilt. To address this, the Pilot's Bill of Rights directs that, to the extent the NTSB finds practical, FAA enforcement proceedings should be conducted in accordance with the Federal Rules of Civil Procedure and Federal Rules of Evidence. This is consistent with protections provided to defendants in other parts of our legal system.
The Pilot's Bill of Rights also requires the FAA to better inform and advise an airman, who is the subject of an investigation, of his or her rights. The goal is to provide an airman with better and timely access to information. This includes notifying an airman that the releasable portions of the administrator's investigative report will,
at the appropriate time, be available to the airman.
The bill also clarifies that air traffic data collected by a government contractor that is available to the FAA, such as air traffic communication tapes, radar information, and air traffic controller statements, will also be available to the airman. However, it is important that the pilot community understands that, when the data has to be obtained from a government contractor, time is of the essence. Tapes containing air traffic data from contractors is ordinarily recycled after 15 days and would no longer be available to the FAA or the airman.
S. 1335 eliminates language that expressly bound the NTSB to all validly adopted interpretations of laws and regulations of the FAA unless the NTSB finds an interpretation to be arbitrary, capricious, or otherwise not according to law. The amendments are made only because they are redundant of what is already provided under law. The NTSB, when reviewing FAA cases, will continue to apply principles of judicial deference to the FAA interpretations of the laws, regulations, and policies in accordance with the Supreme Court precedent.
The Pilot's Bill of Rights adds an additional way to appeal to the NTSB's decisions regarding FAA enforcement action.
Currently, an airman goes before an administrative law judge at the NTSB and can appeal any decisions to the full NTSB board and, ultimately, to the court of appeals. According to pilots, the courts generally defer to the NTSB's decisions. It's not a true or fair appellate process.
The Pilot's Bill of Rights allows an airman to elect to file an appeal of his or her case in either the U.S. district court or the U.S. circuit court of appeals. It is the intent of Congress that courts not act in a way that is contrary to civil aviation safety in conducting their reviews of the NTSB's decisions.
Lastly, the Pilot's Bill of Rights requires the FAA to improve the system of providing notices to airmen--NOTAMs--and to undertake an assessment of the medical certification standards and forms. The overwhelming volume of NOTAMs and a vague and outdated medical certification process can lead to confusion and, ultimately, an FAA enforcement proceeding against an airman.
Again, I rise in strong support of S. 1335 and urge my colleagues to do the same.
I reserve the balance of my time.
Mr. Speaker, I rise again in strong support of S. 1335.
I'd like to thank Mr. Graves, the gentleman from Missouri, the lead sponsor on the majority side, and Mr. Lipinski from Illinois, from the minority side, for bringing this bill to the House floor.
I yield back the balance of my time.