Sec. 3303. Expansion of Pilot's Bill of Rights
944 words·~4 min read·
/bill/114/s/2943/pap/section-3303·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2(d)(1) of the Pilot's Bill of Rights ( Public Law 112–153 ; 49 U.S.C. 44703 note) is amended by striking or imposing a punitive civil action or an emergency order of revocation under subsections
(d)and
(e)of section 44709 of such title and inserting suspending or revoking an airman certificate under section 44709(d) of such title, or imposing an emergency order of revocation under subsections
(d)and
(e)of section 44709 of such title . Section 2(e) of the Pilot's Bill of Rights ( Public Law 112–153 ; 49 U.S.C. 44703 note) is amended— by amending paragraph
(1)to read as follows: In an appeal filed under subsection
(d)in a United States district court with respect to a denial, suspension, or revocation of an airman certificate by the Administrator— the district court shall review the denial, suspension, or revocation de novo, including by— conducting a full independent review of the complete administrative record of the denial, suspension, or revocation; permitting additional discovery and the taking of additional evidence; and 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 findings of fact of the Administrator or the National Transportation Safety Board. ; by redesignating paragraph
(2)as paragraph (3); and by inserting after paragraph
(1)the following: In an appeal filed under subsection
(d)in a United States district court after an exhaustion of administrative remedies, the burden of proof shall be as follows: In an appeal of the denial of an application for the issuance or renewal of an airman certificate under section 44703 of title 49, United States Code, the burden of proof shall be upon the applicant denied an airman certificate by the Administrator. In an appeal of an order issued by the Administrator under section 44709 of title 49, United States Code, the burden of proof shall be upon the Administrator. ; and by adding at the end the following: Notwithstanding paragraph (1)(A) of this subsection or subsection (a)(1) of section 554 of title 5, United States Code, section 554 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 the enactment of the Pilot's Bill of Rights 2 . . Subsection
(b)of section 2 of the Pilot's Bill of Rights ( Public Law 112–153 ; 49 U.S.C. 44703 note) is amended— in paragraph (2)(A), by inserting and the specific activity on which the investigation is based after nature of the investigation ; in paragraph (3), by striking timely ; and in paragraph (5), by striking section 44709(c)(2) and inserting section 44709(e)(2) . Section 2 of the Pilot's Bill of Rights ( Public Law 112–153 ; 49 U.S.C. 44703 note) is further amended by inserting after subsection
(e)the following: In any proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to the amendment, modification, suspension, or revocation of an airman 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 airman certificate the releasable portion of the investigative report at the time the Administrator issues the order. If the complete Report of Investigation is not available at the time the Emergency Order is issued, the Administrator shall issue all portions of the report that are available at the time and shall provide the full report within 5 days of its completion. 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 an airman certificate, in which the Administrator notifies the 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. 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
(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 or for a lack of timeliness, the administrative law judge shall order such relief as the judge considers appropriate. For purposes of paragraph (1), the releasable portion of an investigative report is all information in the report, except for the following: Information that is privileged. Information that constitutes work product or reflects internal deliberative process. Information that would disclose the identity of a confidential source. Information the disclosure of which is prohibited by any other provision of law. Information that is not relevant to the subject matter of the proceeding. Information the Administrator can demonstrate is withheld for good cause. Sensitive security information, as defined in section 15.5 of title 49, Code of Federal Regulations (or any corresponding similar ruling or regulation). 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)— information in addition to the information included in the releasable portion of the investigative report; or a copy of the investigative report before the Administrator issues a complaint. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
1 reference not yet in our index
- Pub. L. 112-153
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources