,,ii  #aaeth ,,congress  #ast ,session  
,s4 #gee  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #bi1         
#bjag,mr4 ,inhofe introduced the        
following bill2 which was read twice and
 referred to the ,committee on          
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to amend the ,pilot's     
,bill of ,rights to facilitate appeals1 
to limit the reexamination of airman    
certificates1 and for other purposes4   
#a4 ,short title ,this ,act may be cited
 as the ,fairness for ,pilots ,act4  #b4
 ,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     
,fairness for ,pilots ,act4  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  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   
#c4 ,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  #d4       
,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 ,fairness   
for ,pilots ,act2 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 ,n,o,t,a,ms  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  #e4 ,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 ,fairness for ,pilots  
,act1 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 ,fairness for ,pilots  
,act4  7,b7 ,subparagraph 7,a7 shall not
 apply to any contract or agreement in  

effect on the date of enactment of the  
,fairness for ,pilots ,act 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  #f4 ,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