Sec. 3. Expansion of Pilot's Bill of Rights
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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: Upon a decision by the Administrator denying a covered certificate, or imposing a punitive civil action or an order of revocation under section 44709 of title 49, United States Code, a person substantially affected by the decision may, at the person’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 person resides or in which the action in question occurred, or in the United States District Court for the District of Columbia. .
Section 2(d)(2) of such Act is amended by striking Federal district court and inserting United States district court . Section 2(e) of such Act 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 a covered 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 facts found by the Administrator or the National Transportation Safety Board; and the Administrator shall bear the burden of proof. ; and by adding at the end the following: 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 . . Section 2 of such Act is amended— in subsection (a)— by striking subpart C, D, or F of ; and by striking an airman certificate and inserting a covered certificate ; and in subsection (b)(1), by striking an airman certificate under and inserting chapter 447 of title 49, United States Code a covered certificate . Section 2 of such Act is amended by adding at the end the following: In this section, the term covered certificate means an airman certificate, design organization certificate, holder of type certificate, production certificate, airworthiness certificate, air carrier operating certificate, airport operating certificate, air agency certificate, air navigation facility certificate, medical certificate, or any other authorization issued by the Administrator under chapter 447 of title 49, United States Code. . Section 2 of such Act, as amended by this subsection, is further amended— in subsection (b)(4)(C)— in clause (i), by striking Any individual and inserting Any person ; in clauses
(ii)and (iii), in the clause headings, by striking and inserting individual ; and person in clause (iii)(II), by striking the requesting individual and inserting the requesting person ; by striking the individual’s each place it appears and inserting the person’s ; by striking the individual each place it appears and inserting the person ; and by striking an individual each place it appears and inserting a person . Section 2 of such Act is further amended— by striking subsection (c); by redesignating paragraph
(5)of subsection
(b)as subsection (c), and by moving such subsection, as so redesignated, two ems to the left; in subsection (b)— in paragraph (2)(A), by inserting and the specific incident or incidents on which the investigation is based after nature of the investigation ; in paragraph (3), by striking timely ; by redesignating paragraph
(4)as paragraph (5); and by inserting after paragraph
(3)the following: If the Administrator does not provide a person with the notification required by paragraph
(1)with respect to an investigation relating to the approval, denial, suspension, modification, or revocation of a covered certificate, including all of the information required under paragraph (2), the Administrator may not— retain records of the investigation; deny, suspend, or revoke the covered certificate; seek a civil penalty or other punitive action against the person; or 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 in subsection (c), as redesignated by paragraph (2), by striking section 44709(c)(2) and inserting section 44709(e)(2) . Section 2 of such Act is amended by inserting after subsection
(e)the following: In any proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of a covered certificate, in which the Administrator issues an emergency order of revocation under subsections
(d)and
(e)of section 44709 of title 49, United States Code, an emergency order under section 46105(c) of such title, or another order that takes effect immediately, the Administrator shall provide to the person holding the covered certificate the releasable portion of the investigative report before issuing the order. In any proceeding conducted under part 821 of title 49, Code of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of a covered certificate, in which the Administrator notifies the holder of the covered certificate of a proposed action under subsections
(b)and
(c)of section 44709 of title 49, United States Code, the Administrator shall, upon request of the holder of the covered certificate and at any time after that notification, provide to the holder of the covered certificate the releasable portion of the investigative report. If the Administrator does not provide the investigative report to the person holding the covered certificate subject to the proceeding referred to in paragraph
(1)by the time required by that paragraph, the person 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. 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 a person 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. . Section 2 of such Act, as amended by subsection (e), is further amended by inserting after subsection
(f)the following: In any case in which the Administrator initiates an investigation described in subsection (b)(1) with respect to a person, the Administrator and the investigating officials may request documents from the person only if the request is limited and narrowly tailored to issues in the investigation. . Section 2 of such Act, as amended by subsections
(e)and (f), is further amended by inserting after subsection
(g)the following: The Administrator shall respond to a written request by a repair station holding a certificate under part 145, Code of Federal Regulations, that is subject to an investigation described in subsection (b)(1) to withdraw from or settle a proceeding relating to the investigation not later than 30 calendar days after receiving the request. . Section 2 of such Act, as amended by subsections (e), (f), and (g), is further amended by inserting after subsection
(h)the following: The Administrator shall expunge the record of any investigation described in subsection (b)(1) with respect to a covered certificate that does not lead to the denial, suspension, modification, or revocation of the certificate not later than 90 days after the Administrator determines not to deny, suspend, modify, or revoke the certificate. The Administrator may not indicate in the publicly accessible records of a person 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 airman who is not under such an investigation. .
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U.S. Code
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- Pub. L. 112-153
- 126 Stat. 1159
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