#aadth ,,congress #ast ,session ,s4 #ega ,,an ,,act ,to amend the ,pilot's ,bill of ,rights to facilitate appeals and to apply to other certificates issued by the ,federal ,aviation ,administration1 to require the revision of the third class medical certification regulations issued by the ,federal ,aviation ,administration1 and for other purposes4 #a4 ,short title ,this ,act may be cited as ,pilot's ,bill of ,rights #b4 #b4 ,medical certification of certain small aircraft pilots 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 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-- 7#a7 the individual possesses a valid driver's license issued by a ,state1 territory1 or possession of the ,united ,states and complies with all medical requirements or restrictions associated with that license2 7#b7 the individual holds a medical certificate issued by the ,federal ,aviation ,administration on the date of enactment of this ,act1 held such a certificate at any point during the #aj-year period preceding such date of enactment1 or obtains such a certificate after such date of enactment2 7#c7 the most recent medical certificate issued by the ,federal ,aviation ,administration to the individual-- 7,a7 indicates whether the certificate is first1 second1 or third class2 7,b7 may include authorization for special issuance2 7,c7 may be expired2 7,d7 cannot have been revoked or suspended2 and 7,e7 cannot have been withdrawn2 7#d7 the most recent application for airman medical certification submitted to the ,federal ,aviation ,administration by the individual cannot have been completed and denied2 7#e7 the individual has completed a medical education course described in subsection 7c7 during the #bd calendar months before acting as pilot in command of a covered aircraft and demonstrates proof of completion of the course2 7#f7 the individual1 when serving as a pilot in command1 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 fly2 7#g7 the individual has received a comprehensive medical examination from a ,state-licensed physician during the previous #dh months and-- 7,a7 prior to the examination1 the individual-- 7i7 completed the individual's section of the checklist described in subsection 7b72 and 7ii7 provided the completed checklist to the physician performing the examination2 and 7,b7 the physician conducted the comprehensive medical examination in accordance with the checklist described in subsection 7b71 checking each item specified during the examination and addressing1 as medically appropriate1 every medical condition listed1 and any medications the individual is taking2 and 7#h7 the individual is operating in accordance with the following conditions3 7,a7 ,the covered aircraft is carrying not more than #e passengers4 7,b7 ,the individual is operating the covered aircraft under visual flight rules or instrument flight rules4 7,c7 ,the flight1 including each portion of that flight1 is not carried out-- 7i7 for compensation or hire1 including that no passenger or property on the flight is being carried for compensation or hire2 7ii7 at an altitude that is more than #ah1jjj feet above mean sea level2 7iii7 outside the ,united ,states1 unless authorized by the country in which the flight is conducted2 or 7iv7 at an indicated air speed exceeding #bej knots4 7b7 ,comprehensive medical examination 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall develop a checklist for an individual to complete and provide to the physician performing the comprehensive medical examination required in subsection 7a77#g74 7#b7 ,requirements ,the checklist shall contain-- 7,a7 a section1 for the individual to complete that contains-- 7i7 boxes #c through #ac and boxes #af through #ai of the ,federal ,aviation ,administration ,form #hejj-h 7#c-ii72 7ii7 a signature line for the individual to affirm that-- 7,i7 the answers provided by the individual on that checklist1 including the individual's answers regarding medical history1 are true and complete2 7,,ii7 the individual understands that he or she is prohibited under ,federal ,aviation ,administration regulations from acting as pilot in command1 or any other capacity as a required flight crew member1 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 manner2 and 7,,iii7 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 law2 7,b7 a section with instructions for the individual to provide the completed checklist to the physician performing the comprehensive medical examination required in subsection 7a77#g72 and 7,c7 a section1 for the physician to complete1 that instructs the physician-- 7i7 to perform a clinical examination of-- 7,i7 head1 face1 neck1 and scalp2 7,,ii7 nose1 sinuses1 mouth1 and throat2 7,,iii7 ears1 general 7internal and external canals71 and eardrums 7perforation72 7,,iv7 eyes 7general71 ophthalmoscopic1 pupils 7equality and reaction71 and ocular motility 7associated parallel movement1 nystagmus72 7,v7 lungs and chest 7not including breast examination72 7,,vi7 heart 7precordial activity1 rhythm1 sounds1 and murmurs72 7,,vii7 vascular system 7pulse1 amplitude1 and character1 and arms1 legs1 and others72 7,,viii7 abdomen and viscera 7including hernia72 7,,ix7 anus 7not including digital examination72 7,x7 skin2 7,,xi7 ,g-,u system 7not including pelvic examination72 7,,xii7 upper and lower extremities 7strength and range of motion72 7,,xiii7 spine and other musculoskeletal2 7,,xiv7 identifying body marks1 scars1 and tattoos 7size and location72 7,,xv7 lymphatics2 7,,xvi7 neurologic 7tendon reflexes1 equilibrium1 senses1 cranial nerves1 and coordination1 etc472 7,,xvii7 psychiatric 7appearance1 behavior1 mood1 communication1 and memory72 7,,xviii7 general systemic2 7,,xix7 hearing2 7,,xx7 vision 7distant1 near1 and intermediate vision1 field of vision1 color vision1 and ocular alignment72 7,,xxi7 blood pressure and pulse2 and 7,,xxii7 anything else the physician1 in his or her medical judgment1 considers necessary2 7ii7 to exercise medical discretion to address1 as medically appropriate1 any medical conditions identified1 and to exercise medical discretion in determining whether any medical tests are warranted as part of the comprehensive medical examination2 7iii7 to discuss all drugs the individual reports taking 7prescription and nonprescription7 and their potential to interfere with the safe operation of an aircraft or motor vehicle2 7iv7 to sign the checklist1 stating3 ,i certify that ,i discussed all items on this checklist with the individual during my examination1 discussed any medications the individual is taking that could interfere with their ability to safely operate an aircraft or motor vehicle1 and performed an examination that included all of the items on this checklist4 ,i certify that ,i am not aware of any medical condition that1 as presently treated1 could interfere with the individual's ability to safely operate an aircraft42 and 7v7 to provide the date the comprehensive medical examination was completed1 and the physician's full name1 address1 telephone number1 and ,state medical license number4 7#c7 ,logbook ,the completed checklist shall be retained in the individual's logbook and made available on request4 7c7 ,medical education course requirements ,the medical education course described in this subsection shall-- 7#a7 be available on the ,internet free of charge2 7#b7 be developed and periodically updated in coordination with representatives of relevant nonprofit and not-for-profit general aviation stakeholder groups2 7#c7 educate pilots on conducting medical self-assessments2 7#d7 advise pilots on identifying warning signs of potential serious medical conditions2 7#e7 identify risk mitigation strategies for medical conditions2 7#f7 increase awareness of the impacts of potentially impairing over-the-counter and prescription drug medications2 7#g7 encourage regular medical examinations and consultations with primary care physicians2 7#h7 inform pilots of the regulations pertaining to the prohibition on operations during medical deficiency and medically disqualifying conditions2 7#i7 provide the checklist developed by the ,federal ,aviation ,administration in accordance with subsection 7b72 and 7#aj7 upon successful completion of the course1 electronically provide to the individual and transmit to the ,federal ,aviation ,administration-- 7,a7 a certification of completion of the medical education course1 which shall be printed and retained in the individual's logbook and made available upon request1 and shall contain the individual's name1 address1 and airman certificate number2 7,b7 subject to subsection 7d71 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 record2 7,c7 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 fly1 as required under 7a77#f72 7,d7 a form that includes-- 7i7 the name1 address1 telephone number1 and airman certificate number of the individual2 7ii7 the name1 address1 telephone number1 and ,state medical license number of the physician performing the comprehensive medical examination required in subsection 7a77#g72 7iii7 the date of the comprehensive medical examination required in subsection 7a77#g72 and 7iv7 a certification by the individual that the checklist described in subsection 7b7 was followed and signed by the physician in the comprehensive medical examination required in subsection 7a77#g72 and 7,e7 a statement1 which shall be printed1 and signed by the individual certifying that the individual understands the existing prohibition on operations during medical deficiency by stating3 ,i understand that ,i cannot act as pilot in command1 or any other capacity as a required flight crew member1 if ,i know or have reason to know of any medical condition that would make me unable to operate the aircraft in a safe manner44 7d7 ,national ,driver ,register ,the authorization under subsection 7c77#aj77;,b7 shall be an authorization for a single access to the information contained in the ,national ,driver ,register4 7e7 ,special issuance process 7#a7 ,in general ,an individual who has qualified for the third-class medical certificate exemption under subsection 7a7 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 following3 7,a7 ,a mental health disorder1 limited to an established medical history or clinical diagnosis of-- 7i7 personality disorder that is severe enough to have repeatedly manifested itself by overt acts2 7ii7 psychosis1 defined as a case in which an individual-- 7,i7 has manifested delusions1 hallucinations1 grossly bizarre or disorganized behavior1 or other commonly accepted symptoms of psychosis2 or 7,,ii7 may reasonably be expected to manifest delusions1 hallucinations1 grossly bizarre or disorganized behavior1 or other commonly accepted symptoms of psychosis2 7iii7 bipolar disorder2 or 7iv7 substance dependence within the previous #b years1 as defined in section #fg4cjg7;a77#d7 of title #ad1 ,code of ,federal ,regulations4 7,b7 ,a neurological disorder1 limited to an established medical history or clinical diagnosis of any of the following3 7i7 ,epilepsy4 7ii7 ,disturbance of consciousness without satisfactory medical explanation of the cause4 7iii7 ,a transient loss of control of nervous system functions without satisfactory medical explanation of the cause4 7,c7 ,a cardiovascular condition1 limited to a one-time special issuance for each diagnosis of the following3 7i7 ,myocardial infraction4 7ii7 ,coronary heart disease that has required treatment4 7iii7 ,cardiac valve replacement4 7iv7 ,heart replacement4 7#b7 ,special rule for cardiovascular conditions ,in the case of an individual with a cardiovascular condition1 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 period4 7#c7 ,special rule for mental health conditions 7,a7 ,in the case of an individual with a clinically diagnosed mental health condition1 the third-class medical certificate exemption under subsection 7a7 shall not apply if-- 7i7 in the judgment of the individual's ,state-licensed medical specialist1 the condition-- 7,i7 renders the individual unable to safely perform the duties or exercise the airman privileges described in subsection 7a77#h72 or 7,,ii7 may reasonably be expected to make the individual unable to perform the duties or exercise the privileges described in subsection 7a77#h72 or 7ii7 the individual's driver's license is revoked by the issuing agency as a result of a clinically diagnosed mental health condition4 7,b7 ,subject to subparagraph 7,a71 an individual clinically diagnosed with a mental health condition shall certify every #b years1 in conjunction with the certification under subsection 7c77#aj77;,c71 that the individual is under the care of a ,state-licensed medical specialist for that mental health condition4 7#d7 ,special rule for neurological conditions 7,a7 ,in the case of an individual with a clinically diagnosed neurological condition1 the third-class medical certificate exemption under subsection 7a7 shall not apply if-- 7i7 in the judgment of the individual's ,state-licensed medical specialist1 the condition-- 7,i7 renders the individual unable to safely perform the duties or exercise the airman privileges described in subsection 7a77#h72 or 7,,ii7 may reasonably be expected to make the individual unable to perform the duties or exercise the privileges described in subsection 7a77#h72 or 7ii7 the individual's driver's license is revoked by the issuing agency as a result of a clinically diagnosed neurological condition4 7,b7 ,subject to subparagraph 7,a71 an individual clinically diagnosed with a neurological condition shall certify every #b years1 in conjunction with the certification under subsection 7c77#aj77;,c71 that the individual is under the care of a ,state-licensed medical specialist for that neurological condition4 7f7 ,identification of additional medical conditions for the ,,caci program 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall review and identify additional medical conditions that could be added to the program known as the ,conditions ,a,m,es ,can ,issue 7,,caci7 program4 7#b7 ,consultations ,in carrying out paragraph 7#a71 the ,administrator shall consult with aviation1 medical1 and union stakeholders4 7#c7 ,report required ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,commerce1 ,science1 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 7#a74 7g7 ,expedited authorization for special issuance of a medical certificate 7#a7 ,in general ,the ,administrator shall implement procedures to expedite the process for obtaining an ,authorization for ,special ,issuance of a ,medical ,certificate under section #fg4dja of title #ad1 ,code of ,federal ,regulations4 7#b7 ,consultations ,in carrying out paragraph 7#a71 the ,administrator shall consult with aviation1 medical1 and union stakeholders4 7#c7 ,report required ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,commerce1 ,science1 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 7#a7 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 cases4 7h7 ,report required ,not later than #e years after the date of enactment of this ,act1 the ,administrator1 in coordination with the ,national ,transportation ,safety ,board1 shall submit to the ,committee on ,commerce1 ,science1 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 7a7 and includes statistics with respect to changes in small aircraft activity and safety incidents4 7i7 ,prohibition on enforcement actions ,beginning on the date that is #a year after the date of enactment of this ,act1 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 flight1 through a good faith effort1 if the pilot and the flight meet the applicable requirements under subsection 7a71 except paragraph 7#e71 unless the ,administrator has published final regulations in the ,federal ,register under that subsection4 7j7 ,covered aircraft defined ,in this section1 the term covered aircraft means an aircraft that-- 7#a7 is authorized under ,federal law to carry not more than #f occupants2 and 7#b7 has a maximum certificated takeoff weight of not more than #f1jjj pounds4 7k7 ,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 7b7 or subsection 7c7 of section #fa4bc of title #ad1 ,code of ,federal ,regulations4 7l7 ,authority ,to require additional information 7#a7 ,in general ,if the ,administrator receives credible or urgent information1 including from the ,national ,driver ,register or the ,administrator's ,safety ,hotline1 that reflects on an individual's ability to safely operate a covered aircraft under the third-class medical certificate exemption in subsection 7a71 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 aircraft4 7#b7 ,use of information ,the ,administrator may use credible or urgent information received under paragraph 7#a7 to request an individual to provide additional information or to take actions under section #ddgji7;b7 of title #di1 ,united ,states ,code4 #c4 ,expansion of ,pilot's ,bill of ,rights 7a7 ,appeals of suspended and revoked airman certificates ,section #b7;d77#a7 of the ,pilot's ,bill of ,rights 7,public ,law #aab-aec2 #abf ,stat4 #aaei2 #di ,u4,s4,c4 #ddgjc note7 is amended by striking or imposing a punitive civil action or an emergency order of revocation under subsections 7d7 and 7e7 of section #ddgji of such title and inserting suspending or revoking an airman certificate under section #ddgji7;d7 of such title1 or imposing an emergency order of revocation under subsections 7d7 and 7e7 of section #ddgji of such title4 7b7 ,de novo review by district court2 burden of proof ,section #b7;e7 of the ,pilot's ,bill of ,rights 7,public ,law #aab-aec2 #abf ,stat4 #aaei2 #di ,u4,s4,c4 #ddgjc note7 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,in an appeal filed under subsection 7d7 in a ,united ,states district court with respect to a denial1 suspension1 or revocation of an airman certificate by the ,administrator-- 7,a7 the district court shall review the denial1 suspension1 or revocation de novo1 including by-- 7i7 conducting a full independent review of the complete administrative record of the denial1 suspension1 or revocation2 7ii7 permitting additional discovery and the taking of additional evidence2 and 7iii7 making the findings of fact and conclusions of law required by ,rule #eb of the ,federal ,rules of ,civil ,procedure without being bound to any findings of fact of the ,administrator or the ,national ,transportation ,safety ,board4 2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,burden of proof ,in an appeal filed under subsection 7d7 in a ,united ,states district court after an exhaustion of administrative remedies1 the burden of proof shall be as follows3 7,a7 ,in an appeal of the denial of an application for the issuance or renewal of an airman certificate under section #ddgjc of title #di1 ,united ,states ,code1 the burden of proof shall be upon the applicant denied an airman certificate by the ,administrator4 7,b7 ,in an appeal of an order issued by the ,administrator under section #ddgji of title #di1 ,united ,states ,code1 the burden of proof shall be upon the ,administrator4 2 and 7#d7 by adding at the end the following3 7#d7 ,applicability of administrative procedure act ,notwithstanding paragraph 7#a77;,a7 of this subsection or subsection 7a77#a7 of section #eed of title #e1 ,united ,states ,code1 section #eed 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 #b4 4 7c7 ,notification of investigation ,subsection 7b7 of section #b of the ,pilot's ,bill of ,rights 7,public ,law #aab-aec2 #abf ,stat4 #aaei2 #di ,u4,s4,c4 #ddgjc note7 is amended-- 7#a7 in paragraph 7#b77;,a71 by inserting and the specific activity on which the investigation is based after nature of the investigation2 and 7#b7 in paragraph 7#c71 by striking timely2 and 7#c7 in paragraph 7#e71 by striking section #ddgji7;c77#b7 and inserting section #ddgji7;e77#b74 7d7 ,release of investigative reports ,section #b of the ,pilot's ,bill of ,rights 7,public ,law #aab-aec2 #abf ,stat4 #aaei2 #di ,u4,s4,c4 #ddgjc note7 is further amended by inserting after subsection 7e7 the following3 7f7 ,release of investigative reports 7#a7 ,in general 7,a7 ,emergency orders ,in any proceeding conducted under part #hba of title #di1 ,code of ,federal ,regulations1 relating to the amendment1 modification1 suspension1 or revocation of an airman certificate1 in which the ,administrator issues an emergency order under subsections 7d7 and 7e7 of section #ddgji1 section #ddgaj1 or section #dfaje7;c7 of title #di1 ,united ,states ,code1 or another order that takes effect immediately1 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 order4 ,if the complete ,report of ,investigation is not available at the time the ,emergency ,order is issued1 the ,administrator shall issue all portions of the report that are available at the time and shall provide the full report within #e days of its completion4 7,b7 ,other orders ,in any non-emergency proceeding conducted under part #hba of title #di1 ,code of ,federal ,regulations1 relating to the amendment1 modification1 suspension1 or revocation of an airman certificate1 in which the ,administrator notifies the certificate holder of a proposed certificate action under subsections 7b7 and 7c7 of section #ddgji or section #ddgaj of title #di1 ,united ,states ,code1 the ,administrator shall1 upon the written request of the covered certificate holder and at any time after that notification1 provide to the covered certificate holder the releasable portion of the investigative report4 7#b7 ,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 7#a7 by the time required by that paragraph1 the individual may move to dismiss the complaint of the ,administrator or for other relief and1 unless the ,administrator establishes good cause for the failure to provide the investigative report or for a lack of timeliness1 the administrative law judge shall order such relief as the judge considers appropriate4 7#c7 ,releasable portion of investigative report ,for purposes of paragraph 7#a71 the releasable portion of an investigative report is all information in the report1 except for the following3 7,a7 ,information that is privileged4 7,b7 ,information that constitutes work product or reflects internal deliberative process4 7,c7 ,information that would disclose the identity of a confidential source4 7,d7 ,information the disclosure of which is prohibited by any other provision of law4 7,e7 ,information that is not relevant to the subject matter of the proceeding4 7,f7 ,information the ,administrator can demonstrate is withheld for good cause4 7,g7 ,sensitive security information1 as defined in section #ae4e of title #di1 ,code of ,federal ,regulations 7or any corresponding similar ruling or regulation74 7#d7 ,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 7b77#a7-- 7,a7 information in addition to the information included in the releasable portion of the investigative report2 or 7,b7 a copy of the investigative report before the ,administrator issues a complaint4 4 #d4 ,limitations on reexamination of certificate holders 7a7 ,in general ,section #ddgji7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the ,administrator and inserting the following3 7#a7 ,in general ,the ,administrator 2 7#b7 by striking reexamine and inserting 1 except as provided in paragraph 7#b71 reexamine2 and 7#c7 by adding at the end the following3 7#b7 ,limitation on the reexamination of airman certificates 7,a7 ,in general ,the ,administrator may not reexamine an airman holding a student1 sport1 recreational1 or private pilot certificate issued under section #ddgjc of this title if the reexamination is ordered as a result of an event involving the fault of the ,federal ,aviation ,administration or its designee1 unless the ,administrator has reasonable grounds-- 7i7 to establish that the airman may not be qualified to exercise the privileges of a particular certificate or rating1 based upon an act or omission committed by the airman while exercising those privileges1 after the certificate or rating was issued by the ,federal ,aviation ,administration or its designee2 or 7ii7 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 qualifications4 7,b7 ,notification requirements ,before taking any action to reexamine an airman under subparagraph 7,a71 the ,administrator shall provide to the airman-- 7i7 a reasonable basis1 described in detail1 for requesting the reexamination2 and 7ii7 any information gathered by the ,federal ,aviation ,administration1 that the ,administrator determines is appropriate to provide1 such as the scope and nature of the requested reexamination1 that formed the basis for that justification4 4 7b7 ,amendment1 modification1 suspension1 or revocation of airman certificates after reexamination ,section #ddgji7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively1 and indenting appropriately2 7#b7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7#c7 in the matter preceding subparagraph 7,a71 as redesignated1 by striking ,the ,administrator and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,administrator 2 and 7#d7 by adding at the end the following3 7#b7 ,amendments1 modifications1 suspensions1 and revocations of airman certificates after reexamination 7,a7 ,in general ,the ,administrator may not issue an order to amend1 modify1 suspend1 or revoke an airman certificate held by a student1 sport1 recreational1 or private pilot and issued under section #ddgjc of this title after a reexamination of the airman holding the certificate unless the ,administrator determines that the airman-- 7i7 lacks the technical skills and competency1 or care1 judgment1 and responsibility1 necessary to hold and safely exercise the privileges of the certificate2 or 7ii7 materially contributed to the issuance of the certificate by fraudulent means4 7,b7 ,standard of review ,any order of the ,administrator under this paragraph shall be subject to the standard of review provided for under section #b of the ,pilot's ,bill of ,rights 7#di ,u4,s4,c4 #ddgjc note74 4 7c7 ,conforming amendments ,section #ddgji7;d77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking subsection 7b77#a77;,a7 and inserting subsection 7b77#a77;,a77i72 and 7#b7 in subparagraph 7,b71 by striking subsection 7b77#a77;,b7 and inserting subsection 7b77#a77;,a77ii74 #e4 ,expediting updates to ,,notam program 7a7 ,in general 7#a7 ,beginning on the date that is #ahj days after the date of enactment of this ,act1 the ,administrator of the ,federal ,aviation ,administration may not take any enforcement action against any individual for a violation of a ,,notam 7as defined in section #c of the ,pilot's ,bill of ,rights 7#di ,u4,s4,c4 #ddgja note77 until the ,administrator certifies to the appropriate congressional committees that the ,administrator has complied with the requirements of section #c of the ,pilot's ,bill of ,rights1 as amended by this section4 7#b7 ,in this subsection1 the term appropriate congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7b7 ,amendments ,section #c of the ,pilot's ,bill of ,rights 7,public ,law #aab-aec2 #abf ,stat4 #aafb2 #di ,u4,s4,c4 #ddgja note7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in the matter preceding subparagraph 7,a7-- 7i7 by striking this ,act and inserting the ,pilot's ,bill of ,rights #b2 and 7ii7 by striking begin and inserting complete the implementation of2 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 to continue developing and modernizing the ,,notam repository1 in a public central location1 to maintain and archive all ,n,o,t,a,ms1 including the original content and form of the notices1 the original date of publication1 and any amendments to such notices with the date of each amendment1 in a manner that is ,internet-accessible1 machine-readable1 and searchable2 2 7,c7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following3 7,d7 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 area4 2 and 7#b7 by amending subsection 7d7 to read as follows3 7d7 ,designation of repository as sole source for notams 7#a7 ,in general ,the ,administrator-- 7,a7 shall consider the repository for ,n,o,t,a,ms under subsection 7a77#b77;,b7 to be the sole location for airmen to check for ,n,o,t,a,ms2 and 7,b7 may not consider a ,,notam to be announced or published until the ,,notam is included in the repository for ,n,o,t,a,ms under subsection 7a77#b77;,b74 7#b7 ,prohibition on taking action for violations of notams not in repository 7,a7 ,in general ,except as provided in subparagraph 7,b71 beginning on the date that the repository under subsection 7a77#b77;,b7 is final and published1 the ,administrator may not take any enforcement action against an airman for a violation of a ,,notam during a flight if-- 7i7 that ,,notam is not available through the repository before the commencement of the flight2 and 7ii7 that ,,notam is not reasonably accessible and identifiable to the airman4 7,b7 ,exception for national security ,subparagraph 7,a7 shall not apply in the case of an enforcement action for a violation of a ,,notam that directly relates to national security4 4 #f4 ,accessibility of certain flight data 7a7 ,in general ,subchapter ,i of chapter #dga of title #di1 ,united ,states ,code1 is amended by inserting after section #dgabd the following3 #dgabd;a4 ,accessibility of certain flight data 7a7 ,definitions ,in this section3 7#a7 ,administration ,the term ,administration means the ,federal ,aviation ,administration4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#c7 ,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 record4 7#d7 ,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 #dgabd7;b77#c74 7#e7 ,covered flight record ,the term covered flight record means any air traffic data 7as defined in section #b7;b77#d77;,b7 of the ,pilot's ,bill of ,rights 7#di ,u4,s4,c4 #ddgjc note771 created1 maintained1 or controlled by any program of the ,administration1 including any program of the ,administration carried out by employees or contractors of the ,administration1 such as contract towers1 flight service stations1 and controller training programs4 7b7 ,provision of covered flight record to administration 7#a7 ,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 ,administration1 the ,administrator shall request the covered flight record from the contract tower or other contractor of the ,administration in possession of the covered flight record4 7#b7 ,provision of records ,any covered flight record created1 maintained1 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 7#a74 7#c7 ,notice of proposed certificate action ,if the ,administrator has issued1 or subsequently issues1 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 record1 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 provided4 7c7 ,implementation 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,pilot's ,bill of ,rights #b1 the ,administrator shall promulgate regulations or guidance to ensure compliance with this section4 7#b7 ,compliance by contractors 7,a7 ,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 #b4 7,b7 ,subparagraph 7,a7 shall not apply to any contract or agreement in effect on the date of enactment of the ,pilot's ,bill of ,rights #b unless the contract or agreement is renegotiated1 renewed1 or modified after that date4 4 7b7 ,technical and conforming amendments ,the table of contents for chapter #dga of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #dgabd the following3 #dgabd;a4 ,accessibility of certain flight data4 4 #g4 ,authority for legal counsel to issue certain notices ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,federal ,aviation ,administration shall revise section #ac4aa of title #ad1 ,code of ,federal ,regulations1 to authorize legal counsel of the ,federal ,aviation ,administration to close enforcement actions covered by that section with a warning notice1 letter of correction1 or other administrative action4 ,passed the ,senate ,december #ae1 #bjae4,secretary