Usc 44703

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49 USC 44703: Airman certificates
Text contains those laws in effect on October 28, 2020
From Title 49-TRANSPORTATION
SUBTITLE VII-AVIATION PROGRAMS
PART A-AIR COMMERCE AND SAFETY
subpart iii-safety
CHAPTER 447-SAFETY REGULATION
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§44703. Airman certificates
(a) General.-The Administrator of the Federal Aviation Administration shall issue an airman certificate to an
individual when the Administrator finds, after investigation, that the individual is qualified for, and physically able
to perform the duties related to, the position to be authorized by the certificate.
(b) Contents.-(1) An airman certificate shall(A) be numbered and recorded by the Administrator of the Federal Aviation Administration;
(B) contain the name, address, and description of the individual to whom the certificate is issued;
(C) contain terms the Administrator decides are necessary to ensure safety in air commerce, including terms
on the duration of the certificate, periodic or special examinations, and tests of physical fitness;
(D) specify the capacity in which the holder of the certificate may serve as an airman with respect to an
aircraft; and
(E) designate the class the certificate covers.
(2) A certificate issued to a pilot serving in scheduled air transportation shall have the designation "airline
transport pilot" of the appropriate class.
(c) Public Information.(1) In general.-Subject to paragraph (2) and notwithstanding any other provision of law, the information
contained in the records of contents of any airman certificate issued under this section that is limited to an
airman's name, address, and ratings held shall be made available to the public after the 120th day following
the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century.
(2) Opportunity to withhold information.-Before making any information concerning an airman available to the
public under paragraph (1), the airman shall be given an opportunity to elect that the information not be made
available to the public.
(3) Development and implementation of program.-Not later than 60 days after the date of the enactment of
the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, the Administrator shall develop
and implement, in cooperation with representatives of the aviation industry, a one-time written notification to
airmen to set forth the implications of making information concerning an airman available to the public under
paragraph (1) and to carry out paragraph (2). The Administrator shall also provide such written notification to
each individual who becomes an airman after such date of enactment.
(d) Appeals.-(1) An individual whose application for the issuance or renewal of an airman certificate has been
denied may appeal the denial to the National Transportation Safety Board, except if the individual holds a
certificate that(A) is suspended at the time of denial; or
(B) was revoked within one year from the date of the denial.
(2) The Board shall conduct a hearing on the appeal at a place convenient to the place of residence or
employment of the applicant. The Board is not bound by findings of fact of the Administrator of the Federal
Aviation Administration. At the end of the hearing, the Board shall decide whether the individual meets the
applicable regulations and standards. The Administrator is bound by that decision.
(3) A person who is substantially affected by an order of the Board under this subsection, or the Administrator if
the Administrator decides that an order of the Board will have a significant adverse impact on carrying out this
subtitle, may seek judicial review of the order under section 46110. The Administrator shall be made a party to

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the judicial review proceedings. The findings of fact of the Board in any such case are conclusive if supported
by substantial evidence.
(e) Restrictions and Prohibitions.-The Administrator of the Federal Aviation Administration may(1) restrict or prohibit issuing an airman certificate to an alien; or
(2) make issuing the certificate to an alien dependent on a reciprocal agreement with the government of a
foreign country.
(f) Controlled Substance Violations.-The Administrator of the Federal Aviation Administration may not issue an
airman certificate to an individual whose certificate is revoked under section 44710 of this title except(1) when the Administrator decides that issuing the certificate will facilitate law enforcement efforts; and
(2) as provided in section 44710(e)(2) of this title.
(g) Modifications in System.-(1) The Administrator of the Federal Aviation Administration shall make
modifications in the system for issuing airman certificates necessary to make the system more effective in serving
the needs of airmen and officials responsible for enforcing laws related to the regulation of controlled substances
(as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
802)) and related to combating acts of terrorism. The modifications shall ensure positive and verifiable
identification of each individual applying for or holding a certificate and shall address at least each of the following
deficiencies in, and abuses of, the existing system:
(A) the use of fictitious names and addresses by applicants for those certificates.
(B) the use of stolen or fraudulent identification in applying for those certificates.
(C) the use by an applicant of a post office box or "mail drop" as a return address to evade identification of
the applicant's address.
(D) the use of counterfeit and stolen airman certificates by pilots.
(E) the absence of information about physical characteristics of holders of those certificates.
(2) The Administrator of the Federal Aviation Administration shall prescribe regulations to carry out paragraph
(1) of this subsection and provide a written explanation of how the regulations address each of the deficiencies
and abuses described in paragraph (1). In prescribing the regulations, the Administrator of the Federal Aviation
Administration shall consult with the Administrator of Drug Enforcement, the Commissioner of U.S. Customs and
Border Protection, other law enforcement officials of the United States Government, representatives of State and
local law enforcement officials, representatives of the general aviation aircraft industry, representatives of users
of general aviation aircraft, and other interested persons.
(3) For purposes of this section, the term "acts of terrorism" means an activity that involves a violent act or an
act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that
would be a criminal violation if committed within the jurisdiction of the United States or of any State, and appears
to be intended to intimidate or coerce a civilian population to influence the policy of a government by intimidation
or coercion or to affect the conduct of a government by assassination or kidnaping.
(4) The Administrator is authorized and directed to work with State and local authorities, and other Federal
agencies, to assist in the identification of individuals applying for or holding airmen certificates.
(h) Records of Employment of Pilot Applicants.(1) In general.-Subject to paragraph (14), before allowing an individual to begin service as a pilot, an air
carrier shall request and receive the following information:
(A) FAA records.-From the Administrator of the Federal Aviation Administration, records pertaining to the
individual that are maintained by the Administrator concerning(i) current airman certificates (including airman medical certificates) and associated type ratings,
including any limitations to those certificates and ratings; and
(ii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of
this title or a regulation prescribed or order issued under this title that was not subsequently overturned.
(B) Air carrier and other records.-From any air carrier or other person (except a branch of the United
States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces) that
has employed the individual as a pilot of a civil or public aircraft at any time during the 5-year period
preceding the date of the employment application of the individual, or from the trustee in bankruptcy for such
air carrier or person(i) records pertaining to the individual that are maintained by an air carrier (other than records relating to
flight time, duty time, or rest time) under regulations set forth in(I) section 121.683 of title 14, Code of Federal Regulations;
(II) paragraph (A) of section VI, appendix I, part 121 of such title;
(III) paragraph (A) of section IV, appendix J, part 121 of such title;
(IV) section 125.401 of such title; and
(V) section 135.63(a)(4) of such title; and

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(ii) other records pertaining to the individual's performance as a pilot that are maintained by the air
carrier or person concerning(I) the training, qualifications, proficiency, or professional competence of the individual, including
comments and evaluations made by a check airman designated in accordance with section 121.411,
125.295, or 135.337 of such title;
(II) any disciplinary action taken with respect to the individual that was not subsequently overturned;
and
(III) any release from employment or resignation, termination, or disqualification with respect to
employment.
(C) National driver register records.-In accordance with section 30305(b)(8) of this title, from the chief
driver licensing official of a State, information concerning the motor vehicle driving record of the individual.
(2) Written consent; release from liability.-An air carrier making a request for records under paragraph (1)(A) shall be required to obtain written consent to the release of those records from the individual that is the
subject of the records requested; and
(B) may, notwithstanding any other provision of law or agreement to the contrary, require the individual
who is the subject of the records to request to execute a release from liability for any claim arising from the
furnishing of such records to or the use of such records by such air carrier (other than a claim arising from
furnishing information known to be false and maintained in violation of a criminal statute).
(3) 5-year reporting period.-A person shall not furnish a record in response to a request made under
paragraph (1) if the record was entered more than 5 years before the date of the request, unless the
information concerns a revocation or suspension of an airman certificate or motor vehicle license that is in
effect on the date of the request.
(4) Requirement to maintain records.-The Administrator and air carriers shall maintain pilot records
described in paragraphs (1)(A) and (1)(B) for a period of at least 5 years.
(5) Receipt of consent; provision of information.-A person shall not furnish a record in response to a request
made under paragraph (1) without first obtaining a copy of the written consent of the individual who is the
subject of the records requested; except that, for purposes of paragraph (15), the Administrator may allow an
individual designated by the Administrator to accept and maintain written consent on behalf of the
Administrator for records requested under paragraph (1)(A). A person who receives a request for records
under this subsection shall furnish a copy of all of such requested records maintained by the person not later
than 30 days after receiving the request.
(6) Right to receive notice and copy of any record furnished.-A person who receives a request for records
under paragraph (1) shall provide to the individual who is the subject of the records(A) on or before the 20th day following the date of receipt of the request, written notice of the request and
of the individual's right to receive a copy of such records; and
(B) in accordance with paragraph (10), a copy of such records, if requested by the individual.
(7) Reasonable charges for processing requests and furnishing copies.-A person who receives a request
under paragraph (1) or (6) may establish a reasonable charge for the cost of processing the request and
furnishing copies of the requested records.
(8) Standard forms.-The Administrator shall promulgate(A) standard forms that may be used by an air carrier to request records under paragraph (1); and
(B) standard forms that may be used by an air carrier to(i) obtain the written consent of the individual who is the subject of a request under paragraph (1); and
(ii) inform the individual of(I) the request; and
(II) the individual right of that individual to receive a copy of any records furnished in response to the
request.
(9) Right to correct inaccuracies.-An air carrier that maintains or requests and receives the records of an
individual under paragraph (1) shall provide the individual with a reasonable opportunity to submit written
comments to correct any inaccuracies contained in the records before making a final hiring decision with
respect to the individual.
(10) Right of pilot to review certain records.-Notwithstanding any other provision of law or agreement, an air
carrier shall, upon written request from a pilot who is or has been employed by such carrier, make available,
within a reasonable time, but not later than 30 days after the date of the request, to the pilot for review, any and
all employment records referred to in paragraph (1)(B)(i) or (ii) pertaining to the employment of the pilot.
(11) Privacy protections.-An air carrier that receives the records of an individual under paragraph (1) may
use such records only to assess the qualifications of the individual in deciding whether or not to hire the
individual as a pilot. The air carrier shall take such actions as may be necessary to protect the privacy of the

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pilot and the confidentiality of the records, including ensuring that information contained in the records is not
divulged to any individual that is not directly involved in the hiring decision.
(12) Periodic review.-Not later than 18 months after the date of the enactment of the Pilot Records
Improvement Act of 1996, and at least once every 3 years thereafter, the Administrator shall transmit to
Congress a statement that contains, taking into account recent developments in the aviation industry(A) recommendations by the Administrator concerning proposed changes to Federal Aviation
Administration records, air carrier records, and other records required to be furnished under subparagraphs
(A) and (B) of paragraph (1); or
(B) reasons why the Administrator does not recommend any proposed changes to the records referred to
in subparagraph (A).
(13) Regulations.-The Administrator shall prescribe such regulations as may be necessary(A) to protect(i) the personal privacy of any individual whose records are requested under paragraph (1) and
disseminated under paragraph (15); and
(ii) the confidentiality of those records;
(B) to preclude the further dissemination of records received under paragraph (1) by the person who
requested those records; and
(C) to ensure prompt compliance with any request made under paragraph (1).
(14) Special rules with respect to certain pilots.(A) Pilots of certain small aircraft.-Notwithstanding paragraph (1), an air carrier, before receiving
information requested about an individual under paragraph (1), may allow the individual to begin service for a
period not to exceed 90 days as a pilot of an aircraft with a maximum payload capacity (as defined in section
119.3 of title 14, Code of Federal Regulations) of 7,500 pounds or less, or a helicopter, on a flight that is not
a scheduled operation (as defined in such section). Before the end of the 90-day period, the air carrier shall
obtain and evaluate such information. The contract between the carrier and the individual shall contain a
term that provides that the continuation of the individual's employment, after the last day of the 90-day
period, depends on a satisfactory evaluation.
(B) Good faith exception.-Notwithstanding paragraph (1), an air carrier, without obtaining information about
an individual under paragraph (1)(B) from an air carrier or other person that no longer exists or from a foreign
government or entity that employed the individual, may allow the individual to begin service as a pilot if the
air carrier required to request the information has made a documented good faith attempt to obtain such
information.
(15) Electronic access to faa records.-For the purpose of increasing timely and efficient access to Federal
Aviation Administration records described in paragraph (1), the Administrator may allow, under terms
established by the Administrator, an individual designated by the air carrier to have electronic access to a
specified database containing information about such records. The terms shall limit such access to instances in
which information in the database is required by the designated individual in making a hiring decision
concerning a pilot applicant and shall require that the designated individual provide assurances satisfactory to
the Administrator that information obtained using such access will not be used for any purpose other than
making the hiring decision.
(16) Applicability.-This subsection shall cease to be effective on the date specified in regulations issued
under subsection (i).
(i) FAA Pilot Records Database.(1) In general.-Before allowing an individual to begin service as a pilot, an air carrier shall access and
evaluate, in accordance with the requirements of this subsection, information pertaining to the individual from
the pilot records database established under paragraph (2).
(2) Pilot records database.-Not later than April 30, 2017, the Administrator shall establish and make available
for use an electronic database (in this subsection referred to as the "database") containing the following
records:
(A) FAA records.-From the Administrator(i) records that are maintained by the Administrator concerning current airman certificates, including
airman medical certificates and associated type ratings and information on any limitations to those
certificates and ratings;
(ii) records that are maintained by the Administrator concerning any failed attempt of an individual to
pass a practical test required to obtain a certificate or type rating under part 61 of title 14, Code of Federal
Regulations; and
(iii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of
this title or a regulation prescribed or order issued under this title that was not subsequently overturned.

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(B) Air carrier and other records.-From any air carrier or other person (except a branch of the Armed
Forces, the National Guard, or a reserve component of the Armed Forces) that has employed an individual
as a pilot of a civil or public aircraft, or from the trustee in bankruptcy for the air carrier or person(i) records pertaining to the individual that are maintained by the air carrier (other than records relating to
flight time, duty time, or rest time) or person, including records under regulations set forth in(I) section 121.683 of title 14, Code of Federal Regulations;
(II) section 121.111(a) of such title;
(III) section 121.219(a) of such title;
(IV) section 125.401 of such title; and
(V) section 135.63(a)(4) of such title; and
(ii) other records pertaining to the individual's performance as a pilot that are maintained by the air
carrier or person concerning(I) the training, qualifications, proficiency, or professional competence of the individual, including
comments and evaluations made by a check airman designated in accordance with section 121.411,
125.295, or 135.337 of such title;
(II) any disciplinary action taken with respect to the individual that was not subsequently overturned;
and
(III) any release from employment or resignation, termination, or disqualification with respect to
employment.
(C) National driver register records.-In accordance with section 30305(b)(8) of this title, from the chief
driver licensing official of a State, information concerning the motor vehicle driving record of the individual.
(3) Written consent; release from liability.-An air carrier(A) shall obtain the written consent of an individual before accessing records pertaining to the individual
under paragraph (1); and
(B) may, notwithstanding any other provision of law or agreement to the contrary, require an individual with
respect to whom the carrier is accessing records under paragraph (1) to execute a release from liability for
any claim arising from accessing the records or the use of such records by the air carrier in accordance with
this section (other than a claim arising from furnishing information known to be false and maintained in
violation of a criminal statute).
(4) Reporting.(A) Reporting by administrator.-The Administrator shall enter data described in paragraph (2)(A) into the
database promptly to ensure that an individual's records are current.
(B) Reporting by air carriers and other persons.(i) In general.-Air carriers and other persons shall report data described in paragraphs (2)(B) and (2)(C)
to the Administrator promptly for entry into the database.
(ii) Data to be reported.-Air carriers and other persons shall report, at a minimum, under clause (i) the
following data described in paragraph (2)(B):
(I) Records that are generated by the air carrier or other person after the date of enactment of this
paragraph.
(II) Records that the air carrier or other person is maintaining, on such date of enactment, pursuant to
subsection (h)(4).
(5) Requirement to maintain records.-The Administrator(A) shall maintain all records entered into the database under paragraph (2) pertaining to an individual until
the date of receipt of notification that the individual is deceased; and
(B) may remove the individual's records from the database after that date.
(6) Receipt of consent.-The Administrator shall not permit an air carrier to access records pertaining to an
individual from the database under paragraph (1) without the air carrier first demonstrating to the satisfaction of
the Administrator that the air carrier has obtained the written consent of the individual.
(7) Right of pilot to review certain records and correct inaccuracies.-Notwithstanding any other provision of
law or agreement, the Administrator, upon receipt of written request from an individual(A) shall make available, not later than 30 days after the date of the request, to the individual for review all
records referred to in paragraph (2) pertaining to the individual; and
(B) shall provide the individual with a reasonable opportunity to submit written comments to correct any
inaccuracies contained in the records.
(8) Reasonable charges for processing requests and furnishing copies.-

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(A) In general.-The Administrator may establish a reasonable charge for the cost of processing a request
under paragraph (1) or (7) and for the cost of furnishing copies of requested records under paragraph (7).
(B) Crediting appropriations.-Funds received by the Administrator pursuant to this paragraph shall(i) be credited to the appropriation current when the amount is received;
(ii) be merged with and available for the purposes of such appropriation; and
(iii) remain available until expended.
(9) Privacy protections.(A) Use of records.-An air carrier that accesses records pertaining to an individual under paragraph (1)
may use the records only to assess the qualifications of the individual in deciding whether or not to hire the
individual as a pilot. The air carrier shall take such actions as may be necessary to protect the privacy of the
individual and the confidentiality of the records accessed, including ensuring that information contained in the
records is not divulged to any individual that is not directly involved in the hiring decision.
(B) Disclosure of information.(i) In general.-Except as provided by clause (ii), information collected by the Administrator under
paragraph (2) shall be exempt from the disclosure requirements of section 552(b)(3)(B) of title 5.
(ii) Exceptions.-Clause (i) shall not apply to(I) deidentified, summarized information to explain the need for changes in policies and regulations;
(II) information to correct a condition that compromises safety;
(III) information to carry out a criminal investigation or prosecution;
(IV) information to comply with section 44905, regarding information about threats to civil aviation; and
(V) such information as the Administrator determines necessary, if withholding the information would
not be consistent with the safety responsibilities of the Federal Aviation Administration.
(10) Periodic review.-Not later than 18 months after the date of enactment of this paragraph, and at least
once every 3 years thereafter, the Administrator shall transmit to Congress a statement that contains, taking
into account recent developments in the aviation industry(A) recommendations by the Administrator concerning proposed changes to Federal Aviation
Administration records, air carrier records, and other records required to be included in the database under
paragraph (2); or
(B) reasons why the Administrator does not recommend any proposed changes to the records referred to
in subparagraph (A).
(11) Regulations for protection and security of records.-The Administrator shall prescribe such regulations as
may be necessary(A) to protect and secure(i) the personal privacy of any individual whose records are accessed under paragraph (1); and
(ii) the confidentiality of those records; and
(B) to preclude the further dissemination of records received under paragraph (1) by the person who
accessed the records.
(12) Good faith exception.-Notwithstanding paragraph (1), an air carrier may allow an individual to begin
service as a pilot, without first obtaining information described in paragraph (2)(B) from the database pertaining
to the individual, if(A) the air carrier has made a documented good faith attempt to access the information from the database;
and
(B) the air carrier has received written notice from the Administrator that the information is not contained in
the database because the individual was employed by an air carrier or other person that no longer exists or
by a foreign government or other entity that has not provided the information to the database.
(13) Limitations on electronic access to records.(A) Access by individuals designated by air carriers.-For the purpose of increasing timely and efficient
access to records described in paragraph (2), the Administrator may allow, under terms established by the
Administrator, an individual designated by an air carrier to have electronic access to the database.
(B) Terms.-The terms established by the Administrator under subparagraph (A) for allowing a designated
individual to have electronic access to the database shall limit such access to instances in which information
in the database is required by the designated individual in making a hiring decision concerning a pilot
applicant and shall require that the designated individual provide assurances satisfactory to the Administrator
that(i) the designated individual has received the written consent of the pilot applicant to access the
information; and
(ii) information obtained using such access will not be used for any purpose other than making the hiring

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decision.
(14) Authorized expenditures.-Of amounts appropriated under section 106(k)(1), a total of $6,000,000 for
fiscal years 2010 through 2013 may be used to carry out this subsection.
(15) Regulations.(A) In general.-The Administrator shall issue regulations to carry out this subsection.
(B) Effective date.-The regulations shall specify the date on which the requirements of this subsection take
effect and the date on which the requirements of subsection (h) cease to be effective.
(C) Exceptions.-Notwithstanding subparagraph (B)(i) the Administrator shall begin to establish the database under paragraph (2) not later than 90 days
after the date of enactment of this paragraph;
(ii) the Administrator shall maintain records in accordance with paragraph (5) beginning on the date of
enactment of this paragraph; and
(iii) air carriers and other persons shall maintain records to be reported to the database under paragraph
(4)(B) in the period beginning on such date of enactment and ending on the date that is 5 years after the
requirements of subsection (h) cease to be effective pursuant to subparagraph (B).
(16) Special rule.-During the one-year period beginning on the date on which the requirements of this section
become effective pursuant to paragraph (15)(B), paragraph (7)(A) shall be applied by substituting "45 days" for
"30 days".
(j) Limitations on Liability; Preemption of State Law.(1) Limitation on liability.-No action or proceeding may be brought by or on behalf of an individual who has
applied for or is seeking a position with an air carrier as a pilot and who has signed a release from liability, as
provided for under subsection (h)(2) or (i)(3), against(A) the air carrier requesting the records of that individual under subsection (h)(1) or accessing the records
of that individual under subsection (i)(1);
(B) a person who has complied with such request;
(C) a person who has entered information contained in the individual's records; or
(D) an agent or employee of a person described in subparagraph (A) or (B);
in the nature of an action for defamation, invasion of privacy, negligence, interference with contract, or
otherwise, or under any Federal or State law with respect to the furnishing or use of such records in
accordance with subsection (h) or (i).
(2) Preemption.-No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or
enforce any law (including any regulation, standard, or other provision having the force and effect of law) that
prohibits, penalizes, or imposes liability for furnishing or using records in accordance with subsection (h) or (i).
(3) Provision of knowingly false information.-Paragraphs (1) and (2) shall not apply with respect to a person
who furnishes information in response to a request made under subsection (h)(1) or who furnished information
to the database established under subsection (i)(2), that(A) the person knows is false; and
(B) was maintained in violation of a criminal statute of the United States.
(4) Prohibition on actions and proceedings against air carriers.(A) Hiring decisions.-An air carrier may refuse to hire an individual as a pilot if the individual did not provide
written consent for the air carrier to receive records under subsection (h)(2)(A) or (i)(3)(A) or did not execute
the release from liability requested under subsection (h)(2)(B) or (i)(3)(B).
(B) Actions and proceedings.-No action or proceeding may be brought against an air carrier by or on
behalf of an individual who has applied for or is seeking a position as a pilot with the air carrier if the air
carrier refused to hire the individual after the individual did not provide written consent for the air carrier to
receive records under subsection (h)(2)(A) or (i)(3)(A) or did not execute a release from liability requested
under subsection (h)(2)(B) or (i)(3)(B).
(k) Limitation on Statutory Construction.-Nothing in subsection (h) or (i) shall be construed as precluding the
availability of the records of a pilot in an investigation or other proceeding concerning an accident or incident
conducted by the Administrator, the National Transportation Safety Board, or a court.
( Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1186 ; Pub. L. 106–181, title VII, §715, Apr. 5, 2000, 114 Stat.
162 ; Pub. L. 107–71, title I, §§129, 138(b), 140(a), Nov. 19, 2001, 115 Stat. 633 , 640, 641; Pub. L. 111–216,
title II, §203, Aug. 1, 2010, 124 Stat. 2352 ; Pub. L. 111–249, §6(3), (4), Sept. 30, 2010, 124 Stat. 2629 ; Pub. L.
112–95, title III, §§301(a), 310(c), Feb. 14, 2012, 126 Stat. 56 , 65; Pub. L. 112–153, §2(c)(1), Aug. 3, 2012, 126
Stat. 1160 ; Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210 ; Pub. L. 114–190, title II, §2101,
July 15, 2016, 130 Stat. 619 .)

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Historical and Revision Notes
Revised
Section
44703(a)

Source (U.S. Code)
49 App.:1422(b)(1) (1st sentence, 2d
sentence words before 6th
comma).
49 App.:1655(c)(1).

44703(b)

49 App.:1422(a) (11th–last words).

44703(e)

49 App.:1422(b)(1) (2d sentence
words after 6th comma), (c).
49 App.:1655(c)(1).
49 App.:1422(b)(1) (3d sentence).
49 App.:1422(b)(1) (4th, 5th
sentences, last sentence words
before proviso).
49 App.:1655(c)(1).
49 App.:1422(b)(1) (last sentence
proviso).
49 App.:1655(c)(1).
49 App.:1422(b)(2)(A), (B).

44703(f)(1)

49 App.:1422(d).

44703(f)(2)

49 App.:1401 (note).

44703(c)(1)
44703(c)(2)

44703(d)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §602(b)(1), 72
Stat. 776 ; Oct. 19, 1984, Pub. L. 98–499,
§3, 98 Stat. 2313 ; Aug. 26, 1992, Pub. L.
102–345, §4, 106 Stat. 926 .
Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80
Stat. 938 ; Jan. 12, 1983, Pub. L. 97–449,
§7(b), 96 Stat. 2444 .
Aug. 23, 1958, Pub. L. 85–726, §602(a) (9th–
last words), (c), 72 Stat. 776 .

Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731 ,
§602(b)(2)(A), (B); added Oct. 19, 1984,
Pub. L. 98–499, §3, 98 Stat. 2313 ;
restated Nov. 18, 1988, Pub. L. 100–690,
§7204(a), 102 Stat. 4425 .
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731 ,
§602(d); added Nov. 18, 1988, Pub. L.
100–690, §7205(a), 102 Stat. 4426 .
Nov. 18, 1988, Pub. L. 100–690, §7207(a)
(1st sentence), (b), 102 Stat. 4427 .

In subsections (a)–(d), the word "Administrator" in section 602(a), (b)(1), and (c) of the Federal
Aviation Act of 1958 (Public Law 85–726, 72 Stat. 776) is retained on authority of 49:106(g).
In subsection (a), the text of 49 App.:1422(b) (1st sentence) is omitted as surplus. The words "is
qualified" are substituted for "possesses proper qualifications" to eliminate unnecessary words. The
words "to be authorized by the certificate" are substituted for "for which the airman certificate is
sought" for clarity.
In subsection (b)(1)(C), the words "conditions, and limitations" are omitted as being included in
"terms".
In subsection (b)(1)(E), the word "designate" is substituted for "be entitled with the designation of"
to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words "may appeal . . . to" are substituted for "may file
with . . . a petition for review of the Secretary of Transportation's action" for consistency with section
1109 of the revised title. The words "the individual holds a certificate that" are substituted for
"persons whose certificates" for clarity.
In subsection (c)(2), the words "conduct a hearing on the appeal" are substituted for "thereupon
assign such petition for hearing" for consistency. The words "In the conduct of such hearing and in
determining whether the airman meets the pertinent rules, regulations, or standards" are omitted as
surplus. The word "Administrator" is substituted for "Federal Aviation Administration" because of
49:106(b) and (g). The words "meets the applicable regulations" are substituted for "meets the
pertinent rules, regulations" because "rules" and "regulations" are synonymous and for consistency
in the revised title.
In subsection (d), before clause (1), the words "in his discretion" are omitted as surplus. In clause
(2), the words "the terms of" and "entered into" are omitted as surplus. The words "government of a

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foreign country" are substituted for "foreign governments" for consistency in the revised title and
with other titles of the United States Code.
In subsection (f)(1), before clause (A), the words "established under this chapter" and "to pilots"
are omitted as surplus.
In subsection (f)(2), the words "Not later than September 18, 1989" and "final" are omitted as
obsolete. The words "Administrator of Drug Enforcement" are substituted for "Drug Enforcement
Administration of the Department of Justice" because of section 5(a) of Reorganization Plan No. 2 of
1973 (eff. July 1, 1973, 87 Stat. 1092). The words "Commissioner of Customs" are substituted for
"United States Customs Service" because of 19:2071.

REFERENCES IN TEXT
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the
21st Century, referred to in subsec. (c)(1), (3), is the date of enactment of Pub. L. 106–181, which
was approved Apr. 5, 2000.
The date of the enactment of the Pilot Records Improvement Act of 1996, referred to in subsec.
(h)(12), is the date of enactment of Pub. L. 104–264, which was approved Oct. 9, 1996.
The date of enactment of this paragraph, referred to in subsec. (i)(4)(B)(ii), (10), (15)(C), is the
date of enactment of Pub. L. 111–216, which was approved Aug. 1, 2010.

CODIFICATION
The text of section 44936(f) to (h) of this title, which was transferred to the end of this section,
redesignated as subsecs. (h) to (j), respectively, and amended by Pub. L. 107–71, §§138(b), 140(a),
was based on Pub. L. 104–264, title V, §502(a), Oct. 9, 1996, 110 Stat. 3259 ; amended Pub. L.
105–102, §2(25), Nov. 20, 1997, 111 Stat. 2205 ; Pub. L. 105–142, §1, Dec. 5, 1997, 111 Stat.
2650 ; Pub. L. 106–181, title V, §508(b), Apr. 5, 2000, 114 Stat. 140 .

AMENDMENTS
2016-Subsec. (i)(2). Pub. L. 114–190 substituted "Not later than April 30, 2017, the Administrator
shall establish and make available for use" for "The Administrator shall establish".
2012-Subsec. (d)(2). Pub. L. 112–153 struck out "but is bound by all validly adopted interpretations
of laws and regulations the Administrator carries out unless the Board finds an interpretation is
arbitrary, capricious, or otherwise not according to law" after "Federal Aviation Administration".
Subsec. (d)(3). Pub. L. 112–95, §301(a), added par. (3).
Subsec. (i)(9)(B)(i). Pub. L. 112–95, §310(c), substituted "section 552(b)(3)(B) of title 5" for "section
552 of title 5".
2010-Subsec. (h)(16). Pub. L. 111–216, §203(a), added par. (16).
Subsec. (i). Pub. L. 111–216, §203(b)(2), added subsec. (i). Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 111–216, §203(c)(1)(A), as amended by Pub. L. 111–249, §6(3), substituted
"Limitations" for "Limitation" in heading.
Pub. L. 111–216, §203(b)(1), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).
Subsec. (j)(1). Pub. L. 111–216, §203(c)(1)(B)(i), (iii), as amended by Pub. L. 111–249, §6(3),
substituted "subsection (h)(2) or (i)(3)" for "paragraph (2)" in introductory provisions and "subsection
(h) or (i)" for "subsection (h)" in concluding provisions.
Subsec. (j)(1)(A). Pub. L. 111–216, §203(c)(1)(B)(ii), as amended by Pub. L. 111–249, §6(3),
inserted "or accessing the records of that individual under subsection (i)(1)" before semicolon.
Subsec. (j)(2). Pub. L. 111–216, §203(c)(1)(C), as amended by Pub. L. 111–249, §6(3),
substituted "subsection (h) or (i)" for "subsection (h)".
Subsec. (j)(3). Pub. L. 111–216, §203(c)(1)(D), as amended by Pub. L. 111–249, §6(3), inserted
"or who furnished information to the database established under subsection (i)(2)" after "subsection
(h)(1)" in introductory provisions.
Subsec. (j)(4). Pub. L. 111–216, §203(c)(1)(E), as amended by Pub. L. 111–249, §6(3), added
par. (4).
Subsec. (k). Pub. L. 111–216, §203(c)(2), as amended by Pub. L. 111–249, §6(4), substituted
"subsection (h) or (i)" for "subsection (h)".
Pub. L. 111–216, §203(b)(1), redesignated subsec. (j) as (k).
2001-Subsec. (g)(1). Pub. L. 107–71, §129(1), in first sentence, substituted "needs of airmen" for

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"needs of pilots" and inserted "and related to combating acts of terrorism" before period at end.
Subsec. (g)(3), (4). Pub. L. 107–71, §129(2), added pars. (3) and (4).
Subsecs. (h) to (j). Pub. L. 107–71, §§138(b), 140(a), amended section identically, redesignating
subsecs. (f) to (h) of section 44936 of this title as subsecs. (h) to (j), respectively, of this section, and
substituting "subsection (h)" for "subsection (f)" wherever appearing in subsecs. (i) and (j). See
Codification note above.
2000-Subsecs. (c) to (g). Pub. L. 106–181 added subsec. (c) and redesignated former subsecs. (c)
to (f) as (d) to (g), respectively.

CHANGE OF NAME
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of
Customs" in subsec. (g)(2) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note
under section 211 of Title 6, Domestic Security.

EFFECTIVE DATE OF 2010 AMENDMENT
Pub. L. 111–249, §6, Sept. 30, 2010, 124 Stat. 2628 , provided that the amendments made by
section 6 of Pub. L. 111–249 are effective as of Aug. 1, 2010, and as if included in Pub. L. 111–216
as enacted.

EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999,
see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of
the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1),
551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
For establishment of U.S. Customs and Border Protection in the Department of Homeland Security,
treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended
generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section
211 of Title 6.

DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF TITLE 51
General references to "this title" deemed to refer also to chapters 509 and 511 of Title 51,
National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a
note under section 101 of this title.

APPLICABILITY OF MEDICAL CERTIFICATION STANDARDS TO OPERATORS OF AIR
BALLOONS
Pub. L. 115–254, div. B, title III, §318, Oct. 5, 2018, 132 Stat. 3269 , provided that:
"(a) Short Title.-This section may be cited as the 'Commercial Balloon Pilot Safety Act of 2018'.
"(b) In General.-Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the
Administrator [of the Federal Aviation Administration] shall revise section 61.3(c) of title 14, Code of
Federal Regulations (relating to second-class medical certificates), to apply to an operator of an air
balloon to the same extent such regulations apply to a pilot flight crewmember of other aircraft.
"(c) Air Balloon Defined.-In this section, the term 'air balloon' has the meaning given the term
'balloon' in section 1.1 of title 14, Code of Federal Regulations (or any corresponding similar
regulation or ruling)."

DESIGNATED PILOT EXAMINER REFORMS
Pub. L. 115–254, div. B, title III, §319, Oct. 5, 2018, 132 Stat. 3269 , provided that:
"(a) In General.-The Administrator [of the Federal Aviation Administration] shall assign to the
Aviation Rulemaking Advisory Committee (in this section referred to as the 'Committee') the task of
reviewing all regulations and policies related to designated pilot examiners appointed under section

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183.23 of title 14, Code of Federal Regulations. The Committee shall focus on the processes and
requirements by which the FAA [Federal Aviation Administration] selects, trains, and deploys
individuals as designated pilot examiners, and provide recommendations with respect to the
regulatory and policy changes necessary to ensure an adequate number of designated pilot
examiners are deployed and available to perform their duties. The Committee also shall make
recommendations with respect to the regulatory and policy changes if necessary to allow a
designated pilot examiner perform a daily limit of 3 new check rides with no limit for partial check
rides and to serve as a designed pilot examiner without regard to any individual managing office.
"(b) Action Based on Recommendations.-Not later than 1 year after receiving recommendations
under subsection (a), the Administrator shall take such action as the Administrator considers
appropriate with respect to those recommendations."

PUBLIC AIRCRAFT ELIGIBLE FOR LOGGING FLIGHT TIMES
Pub. L. 115–254, div. B, title V, §517, Oct. 5, 2018, 132 Stat. 3359 , provided that: "The
Administrator [of the Federal Aviation Administration] shall issue regulations modifying section 61.51
(j)(4) of title 14, Code of Federal Regulations, so as to include aircraft under the direct operational
control of forestry and fire protection agencies as public aircraft eligible for logging flight times."

PORTABILITY OF REPAIRMAN CERTIFICATES
Pub. L. 115–254, div. B, title V, §582, Oct. 5, 2018, 132 Stat. 3399 , provided that:
"(a) In General.-The Administrator [of the Federal Aviation Administration] shall assign to the
Aviation Rulemaking Advisory Committee the task of making recommendations with respect to the
regulatory and policy changes, as appropriate, to allow a repairman certificate issued under section
65.101 of title 14, Code of Federal Regulations, to be portable from one employing certificate holder
to another.
"(b) Action Based on Recommendations.-Not later than 1 year after receiving recommendations
under subsection (a), the Administrator may take such action as the Administrator considers
appropriate with respect to those recommendations."

MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT PILOTS
Pub. L. 114–190, title II, §2307, July 15, 2016, 130 Stat. 641 , provided that:
"(a) In General.-Not later than 180 days after the date of enactment of this Act [July 15, 2016], 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"(1) the individual possesses a valid driver's license issued by a State, territory, or possession
of the United States and complies with all medical requirements or restrictions associated with
that license;
"(2) the individual holds a medical certificate issued by the Federal Aviation Administration on
the date of enactment of this Act, held such a certificate at any point during the 10-year period
preceding such date of enactment, or obtains such a certificate after such date of enactment;
"(3) the most recent medical certificate issued by the Federal Aviation Administration to the
individual"(A) indicates whether the certificate is first, second, or third class;
"(B) may include authorization for special issuance;
"(C) may be expired;
"(D) cannot have been revoked or suspended; and
"(E) cannot have been withdrawn;
"(4) the most recent application for airman medical certification submitted to the Federal
Aviation Administration by the individual cannot have been completed and denied;
"(5) the individual has completed a medical education course described in subsection (c)
during the 24 calendar months before acting as pilot in command of a covered aircraft and
demonstrates proof of completion of the course;
"(6) the individual, when serving as a pilot in command, 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 fly;
"(7) the individual has received a comprehensive medical examination from a State-licensed

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physician during the previous 48 months and"(A) prior to the examination, the individual"(i) completed the individual's section of the checklist described in subsection (b);
and
"(ii) provided the completed checklist to the physician performing the examination;
and
"(B) the physician conducted the comprehensive medical examination in accordance with
the checklist described in subsection (b), checking each item specified during the examination
and addressing, as medically appropriate, every medical condition listed, and any medications
the individual is taking; and
"(8) the individual is operating in accordance with the following conditions:
"(A) The covered aircraft is carrying not more than 5 passengers.
"(B) The individual is operating the covered aircraft under visual flight rules or instrument
flight rules.
"(C) The flight, including each portion of that flight, is not carried out"(i) for compensation or hire, including that no passenger or property on the flight is
being carried for compensation or hire;
"(ii) at an altitude that is more than 18,000 feet above mean sea level;
"(iii) outside the United States, unless authorized by the country in which the flight is
conducted; or
"(iv) at an indicated air speed exceeding 250 knots.
"(b) Comprehensive Medical Examination."(1) In general.-Not later than 180 days after the date of enactment of this Act [July 15, 2016],
the Administrator shall develop a checklist for an individual to complete and provide to the
physician performing the comprehensive medical examination required in subsection (a)(7).
"(2) Requirements.-The checklist shall contain"(A) a section, for the individual to complete that contains"(i) boxes 3 through 13 and boxes 16 through 19 of the Federal Aviation
Administration Form 8500–8 (3–99); and
"(ii) a signature line for the individual to affirm that"(I) the answers provided by the individual on that checklist, including the individual's answers
regarding medical history, are true and complete;
"(II) the individual understands that he or she is prohibited under Federal Aviation Administration
regulations from acting as pilot in command, or any other capacity as a required flight crew
member, 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 manner; and
"(III) 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 law;
"(B) a section with instructions for the individual to provide the completed checklist to the
physician performing the comprehensive medical examination required in subsection (a)(7); and
"(C) a section, for the physician to complete, that instructs the physician"(i) to perform a clinical examination of"(I) head, face, neck, and scalp;
"(II) nose, sinuses, mouth, and throat;
"(III) ears, general (internal and external canals), and eardrums (perforation);
"(IV) eyes (general), ophthalmoscopic, pupils (equality and reaction), and ocular motility
(associated parallel movement, nystagmus);
"(V) lungs and chest (not including breast examination);
"(VI) heart (precordial activity, rhythm, sounds, and murmurs);
"(VII) vascular system (pulse, amplitude, and character, and arms, legs, and others);
"(VIII) abdomen and viscera (including hernia);
"(IX) anus (not including digital examination);
"(X) skin;
"(XI) G–U system (not including pelvic examination);

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"(XII) upper and lower extremities (strength and range of motion);
"(XIII) spine and other musculoskeletal;
"(XIV) identifying body marks, scars, and tattoos (size and location);
"(XV) lymphatics;
"(XVI) neurologic (tendon reflexes, equilibrium, senses, cranial nerves, and coordination, etc.);
"(XVII) psychiatric (appearance, behavior, mood, communication, and memory);
"(XVIII) general systemic;
"(XIX) hearing;
"(XX) vision (distant, near, and intermediate vision, field of vision, color vision, and ocular
alignment);
"(XXI) blood pressure and pulse; and
"(XXII) anything else the physician, in his or her medical judgment, considers necessary;
"(ii) to exercise medical discretion to address, as medically appropriate, any medical
conditions identified, and to exercise medical discretion in determining whether any medical
tests are warranted as part of the comprehensive medical examination;
"(iii) to discuss all drugs the individual reports taking (prescription and
nonprescription) and their potential to interfere with the safe operation of an aircraft or motor
vehicle;
"(iv) to sign the checklist, stating: 'I certify that I discussed all items on this checklist
with the individual during my examination, discussed any medications the individual is taking
that could interfere with their ability to safely operate an aircraft or motor vehicle, and
performed an examination that included all of the items on this checklist. I certify that I am not
aware of any medical condition that, as presently treated, could interfere with the individual's
ability to safely operate an aircraft.'; and
"(v) to provide the date the comprehensive medical examination was completed, and
the physician's full name, address, telephone number, and State medical license number.
"(3) Logbook.-The completed checklist shall be retained in the individual's logbook and made
available on request.
"(c) Medical Education Course Requirements.-The medical education course described in this
subsection shall"(1) be available on the Internet free of charge;
"(2) be developed and periodically updated in coordination with representatives of relevant
nonprofit and not-for-profit general aviation stakeholder groups;
"(3) educate pilots on conducting medical self-assessments;
"(4) advise pilots on identifying warning signs of potential serious medical conditions;
"(5) identify risk mitigation strategies for medical conditions;
"(6) increase awareness of the impacts of potentially impairing over-the-counter and
prescription drug medications;
"(7) encourage regular medical examinations and consultations with primary care physicians;
"(8) inform pilots of the regulations pertaining to the prohibition on operations during medical
deficiency and medically disqualifying conditions;
"(9) provide the checklist developed by the Federal Aviation Administration in accordance
with subsection (b); and
"(10) upon successful completion of the course, electronically provide to the individual and
transmit to the Federal Aviation Administration"(A) a certification of completion of the medical education course, which shall be printed
and retained in the individual's logbook and made available upon request, and shall contain the
individual's name, address, and airman certificate number;
"(B) subject to subsection (d), 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 record;
"(C) 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 fly, as required under subsection (a)(6);
"(D) a form that includes"(i) the name, address, telephone number, and airman certificate number of the

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individual;
"(ii) the name, address, telephone number, and State medical license number of the
physician performing the comprehensive medical examination required in subsection (a)(7);
"(iii) the date of the comprehensive medical examination required in subsection (a)
(7); and
"(iv) a certification by the individual that the checklist described in subsection (b) was
followed and signed by the physician in the comprehensive medical examination required in
subsection (a)(7); and
"(E) a statement, which shall be printed, and signed by the individual certifying that the
individual understands the existing prohibition on operations during medical deficiency by
stating: 'I understand that I cannot act as pilot in command, or any other capacity as a required
flight crew member, if I know or have reason to know of any medical condition that would make
me unable to operate the aircraft in a safe manner.'.
"(d) National Driver Register.-The authorization under subsection (c)(10)(B) shall be an
authorization for a single access to the information contained in the National Driver Register.
"(e) Special Issuance Process."(1) In general.-An individual who has qualified for the third-class medical certificate
exemption under subsection (a) 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 following:
"(A) A mental health disorder, limited to an established medical history or clinical
diagnosis of"(i) personality disorder that is severe enough to have repeatedly manifested itself by
overt acts;
"(ii) psychosis, defined as a case in which an individual"(I) has manifested delusions, hallucinations, grossly bizarre or disorganized behavior, or other
commonly accepted symptoms of psychosis; or
"(II) may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or
disorganized behavior, or other commonly accepted symptoms of psychosis;
"(iii) bipolar disorder; or
"(iv) substance dependence within the previous 2 years, as defined in section
67.307(a)(4) of title 14, Code of Federal Regulations.
"(B) A neurological disorder, limited to an established medical history or clinical diagnosis
of any of the following:
"(i) Epilepsy.
"(ii) Disturbance of consciousness without satisfactory medical explanation of the
cause.
"(iii) A transient loss of control of nervous system functions without satisfactory
medical explanation of the cause.
"(C) A cardiovascular condition, limited to a one-time special issuance for each diagnosis
of the following:
"(i) Myocardial infraction [sic].
"(ii) Coronary heart disease that has required treatment.
"(iii) Cardiac valve replacement.
"(iv) Heart replacement.
"(2) Special rule for cardiovascular conditions.-In the case of an individual with a
cardiovascular condition, 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 period.
"(3) Special rule for mental health conditions."(A) In general.-In the case of an individual with a clinically diagnosed mental health
condition, the third-class medical certificate exemption under subsection (a) shall not apply if"(i) in the judgment of the individual's State-licensed medical specialist, the
condition"(I) renders the individual unable to safely perform the duties or exercise the airman privileges
described in subsection (a)(8); or

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"(II) may reasonably be expected to make the individual unable to perform the duties or exercise
the privileges described in subsection (a)(8); or
"(ii) the individual's driver's license is revoked by the issuing agency as a result of a
clinically diagnosed mental health condition.
"(B) Certification.-Subject to subparagraph (A), an individual clinically diagnosed with a
mental health condition shall certify every 2 years, in conjunction with the certification under
subsection (c)(10)(C), that the individual is under the care of a State-licensed medical specialist
for that mental health condition.
"(4) Special rule for neurological conditions."(A) In general.-In the case of an individual with a clinically diagnosed neurological
condition, the third-class medical certificate exemption under subsection (a) shall not apply if"(i) in the judgment of the individual's State-licensed medical specialist, the
condition"(I) renders the individual unable to safely perform the duties or exercise the airman privileges
described in subsection (a)(8); or
"(II) may reasonably be expected to make the individual unable to perform the duties or exercise
the privileges described in subsection (a)(8); or
"(ii) the individual's driver's license is revoked by the issuing agency as a result of a
clinically diagnosed neurological condition.
"(B) Certification.-Subject to subparagraph (A), an individual clinically diagnosed with a
neurological condition shall certify every 2 years, in conjunction with the certification under
subsection (c)(10)(C), that the individual is under the care of a State-licensed medical specialist
for that neurological condition.
"(f) Identification of Additional Medical Conditions for CACI Program."(1) In general.-Not later than 180 days after the date of enactment of this Act [July 15, 2016],
the Administrator shall review and identify additional medical conditions that could be added to the
program known as the Conditions AMEs Can Issue (CACI) program.
"(2) Consultations.-In carrying out paragraph (1), the Administrator shall consult with aviation,
medical, and union stakeholders.
"(3) Report required.-Not later than 180 days after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress [Committee on Commerce,
Science, and Transportation of the Senate and 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 (1).
"(g) Expedited Authorization for Special Issuance of a Medical Certificate."(1) In general.-The Administrator shall implement procedures to expedite the process for
obtaining an Authorization for Special Issuance of a Medical Certificate under section 67.401 of
title 14, Code of Federal Regulations.
"(2) Consultations.-In carrying out paragraph (1), the Administrator shall consult with aviation,
medical, and union stakeholders.
"(3) Report required.-Not later than 1 year after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress a report describing how the
procedures implemented under paragraph (1) 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 cases.
"(h) Report Required.-Not later than 5 years after the date of enactment of this Act, the
Administrator, in coordination with the National Transportation Safety Board, shall submit to the
appropriate committees of Congress a report that describes the effect of the regulations issued or
revised under subsection (a) and includes statistics with respect to changes in small aircraft activity
and safety incidents.
"(i) Prohibition on Enforcement Actions.-Beginning on the date that is 1 year after the date of
enactment of this Act, 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 flight if the pilot and the flight
meet, through a good faith effort, the applicable requirements under subsection (a), except
paragraph (5) of that subsection, unless the Administrator has published final regulations in the
Federal Register under that subsection.

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"(j) Covered Aircraft Defined.-In this section, the term 'covered aircraft' means an aircraft that"(1) is authorized under Federal law to carry not more than 6 occupants; and
"(2) has a maximum certificated takeoff weight of not more than 6,000 pounds.
"(k) 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 (b) or subsection (c) of
section 61.23 of title 14, Code of Federal Regulations.
"(l) Authority To Require Additional Information."(1) In general.-If the Administrator receives credible or urgent information, including from the
National Driver Register or the Administrator's Safety Hotline, that reflects on an individual's ability
to safely operate a covered aircraft under the third-class medical certificate exemption in
subsection (a), 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 aircraft.
"(2) Use of information.-The Administrator may use credible or urgent information received
under paragraph (1) to request an individual to provide additional information or to take actions
under section 44709(b) of title 49, United States Code."

FEDERAL AVIATION ADMINISTRATION ENFORCEMENT PROCEEDINGS AND ELIMINATION
OF DEFERENCE
Pub. L. 112–153, §2, Aug. 3, 2012, 126 Stat. 1159 , as amended by Pub. L. 115–254, div. B, title
III, §392, Oct. 5, 2018, 132 Stat. 3323 , provided that:
"(a) In General.-Any proceeding conducted under subpart C, D, or F of part 821 of title 49, Code
of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of an
airman certificate, shall be conducted, to the extent practicable, in accordance with the Federal
Rules of Civil Procedure [28 U.S.C. App.] and the Federal Rules of Evidence [28 U.S.C. App.].
"(b) Access to Information."(1) In general.-Except as provided under paragraph (3), the Administrator of the Federal
Aviation Administration (referred to in this section as the 'Administrator') shall provide timely,
written notification to an individual who is the subject of an investigation relating to the approval,
denial, suspension, modification, or revocation of an airman certificate under chapter 447 of title 49,
United States Code.
"(2) Information required.-The notification required under paragraph (1) shall inform the
individual"(A) of the nature of the investigation and the specific activity on which the investigation
is based;
"(B) that an oral or written response to a Letter of Investigation from the Administrator is
not required;
"(C) that no action or adverse inference can be taken against the individual for declining
to respond to a Letter of Investigation from the Administrator;
"(D) that any response to a Letter of Investigation from the Administrator or to an inquiry
made by a representative of the Administrator by the individual may be used as evidence
against the individual;
"(E) that the releasable portions of the Administrator's investigative report will be
available to the individual; and
"(F) that the individual is entitled to access or otherwise obtain air traffic data described in
paragraph (4).
"(3) Exception.-The Administrator may delay notification under paragraph (1) if the
Administrator determines that such notification may threaten the integrity of the investigation.
"(4) Access to air traffic data."(A) FAA air traffic data.-The Administrator shall provide an individual described in
paragraph (1) with timely access to any air traffic data in the possession of the Federal Aviation
Administration that would facilitate the individual's ability to productively participate in a
proceeding relating to an investigation described in such paragraph.
"(B) Air traffic data defined.-As used in subparagraph (A), the term 'air traffic data'
includes"(i) relevant air traffic communication tapes;

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"(ii) radar information;
"(iii) air traffic controller statements;
"(iv) flight data;
"(v) investigative reports; and
"(vi) any other air traffic or flight data in the Federal Aviation Administration's
possession that would facilitate the individual's ability to productively participate in the
proceeding.
"(C) Government contractor air traffic data."(i) In general.-Any individual described in paragraph (1) is entitled to obtain any air
traffic data that would facilitate the individual's ability to productively participate in a
proceeding relating to an investigation described in such paragraph from a government
contractor that provides operational services to the Federal Aviation Administration, including
control towers and flight service stations.
"(ii) Required information from individual.-The individual may obtain the information
described in clause (i) by submitting a request to the Administrator that"(I) describes the facility at which such information is located; and
"(II) identifies the date on which such information was generated.
"(iii) Provision of information to individual.-If the Administrator receives a request
under this subparagraph, the Administrator shall"(I) request the contractor to provide the requested information; and
"(II) upon receiving such information, transmitting the information to the requesting individual in a
timely manner.
"(5) Timing.-Except when the Administrator determines that an emergency exists under
section 44709(e)(2) or 46105(c) [of title 49, United States Code], the Administrator may not proceed
against an individual that is the subject of an investigation described in paragraph (1) during the
30-day period beginning on the date on which the air traffic data required under paragraph (4) is
made available to the individual.
"(c) Amendments to Title 49."(1) Airman certificates.-[Amended this section.]
"(2) Amendments, modifications, suspensions, and revocations of certificates.-[Amended
section 44709 of this title.]
"(3) Revocation of airman certificates for controlled substance violations.-[Amended section
44710 of this title.]
"(d) Appeal From Certificate Actions."(1) In general.-Upon a decision by the National Transportation Safety Board upholding an
order or a final decision by the Administrator denying an airman certificate under section 44703(d) of
title 49, United States Code, or imposing a punitive civil action or an emergency order of revocation
under subsections (d) and (e) of section 44709 of such title, an individual substantially affected by
an order of the Board may, at the individual's election, file an appeal in the United States district
court in which the individual resides or in which the action in question occurred, or in the United
States District Court for the District of Columbia. If the individual substantially affected by an order
of the Board elects not to file an appeal in a United States district court, the individual may file an
appeal in an appropriate United States court of appeals.
"(2) Emergency order pending judicial review.-Subsequent to a decision by the Board to
uphold an Administrator's emergency order under section 44709(e)(2) of title 49, United States Code,
and absent a stay of the enforcement of that order by the Board, the emergency order of
amendment, modification, suspension, or revocation of a certificate shall remain in effect, pending
the exhaustion of an appeal to a Federal district court as provided in this Act [amending this
section and sections 44709 and 44710 of this title and enacting provisions set out as notes under this
section and sections 40101 and 44701 of this title].
"(e) Standard of Review."(1) In general.-In an appeal filed under subsection (d) in a United States district court, the
district court shall give full independent review of a denial, suspension, or revocation ordered by
the Administrator, including substantive independent and expedited review of any decision by the
Administrator to make such order effective immediately.
"(2) Evidence.-A United States district court's review under paragraph (1) shall include in

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evidence any record of the proceeding before the Administrator and any record of the
proceeding before the National Transportation Safety Board, including hearing testimony,
transcripts, exhibits, decisions, and briefs submitted by the parties.
"(f) Release of Investigative Reports."(1) In general."(A) Emergency orders.-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, upon request, 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 of the request, the Administrator shall issue all portions of the report that are
available at the time and shall provide the full report not later than 5 days after its completion.
"(B) Other orders.-In any nonemergency 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.
"(2) 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 (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.
"(3) Releasable portion of investigative report.-For purposes of paragraph (1), the releasable
portion of an investigative report is all information in the report, except for the following:
"(A) Information that is privileged.
"(B) Information that constitutes work product or reflects internal deliberative process.
"(C) Information that would disclose the identity of a confidential source.
"(D) Information the disclosure of which is prohibited by any other provision of law.
"(E) Information that is not relevant to the subject matter of the proceeding.
"(F) Information the Administrator can demonstrate is withheld for good cause.
"(G) Sensitive security information, as defined in section 15.5 of title 49, Code of Federal
Regulations (or any corresponding similar ruling or regulation).
"(4) 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
(b)(1)"(A) information in addition to the information included in the releasable portion of the
investigative report; or
"(B) a copy of the investigative report before the Administrator issues a complaint."

MEDICAL CERTIFICATION
Pub. L. 112–153, §4, Aug. 3, 2012, 126 Stat. 1162 , provided that:
"(a) Assessment."(1) In general.-Not later than 180 days after the date of the enactment of this Act [Aug. 3,
2012], the Comptroller General of the United States shall initiate an assessment of the Federal
Aviation Administration's medical certification process and the associated medical standards and
forms.
"(2) Report.-The Comptroller General shall submit a report to Congress based on the
assessment required under paragraph (1) that examines"(A) revisions to the medical application form that would provide greater clarity and
guidance to applicants;
"(B) the alignment of medical qualification policies with present-day qualified medical

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judgment and practices, as applied to an individual's medically relevant circumstances;
and
"(C) steps that could be taken to promote the public's understanding of the medical
requirements that determine an airman's medical certificate eligibility.
"(b) Goals of the Federal Aviation Administration's Medical Certification Process.-The goals of the
Federal Aviation Administration's medical certification process are"(1) to provide questions in the medical application form that"(A) are appropriate without being overly broad;
"(B) are subject to a minimum amount of misinterpretation and mistaken responses;
"(C) allow for consistent treatment and responses during the medical application process;
and
"(D) avoid unnecessary allegations that an individual has intentionally falsified answers
on the form;
"(2) to provide questions that elicit information that is relevant to making a determination of an
individual's medical qualifications within the standards identified in the Administrator's regulations;
"(3) to give medical standards greater meaning by ensuring the information requested aligns
with present-day medical judgment and practices; and
"(4) to ensure that"(A) the application of such medical standards provides an appropriate and fair
evaluation of an individual's qualifications; and
"(B) the individual understands the basis for determining medical qualifications.
"(c) Advice From Private Sector Groups.-The Administrator shall establish a panel, which shall be
comprised of representatives of relevant nonprofit and not-for-profit general aviation pilot groups,
aviation medical examiners, and other qualified medical experts, to advise the Administrator in
carrying out the goals of the assessment required under this section.
"(d) Federal Aviation Administration Response.-Not later than 1 year after the issuance of the
report by the Comptroller General pursuant to subsection (a)(2), the Administrator shall take
appropriate actions to respond to such report."

IMPROVED PILOT LICENSES
Pub. L. 112–95, title III, §321, Feb. 14, 2012, 126 Stat. 71 , provided that:
"(a) In General.-The Administrator of the Federal Aviation Administration shall issue improved pilot
licenses consistent with requirements under this section.
"(b) Timing.-Not later than 270 days after the date of enactment of this Act [Feb. 14, 2012], the
Administrator shall"(1) provide to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and Transportation of the Senate a
report containing"(A) a timeline for the phased issuance of improved pilot licenses under this section that
ensures all pilots are issued such licenses not later than 2 years after the initial issuance of
such licenses under paragraph (2); and
"(B) recommendations for the Federal installation of infrastructure necessary to take
advantage of information contained on improved pilot licenses issued under this section, which
identify the necessary infrastructure, indicate the Federal entity that should be responsible for
installing, funding, and operating the infrastructure at airport sterile areas, and provide an
estimate of the costs of the infrastructure; and
"(2) begin to issue improved pilot licenses consistent with the requirements of title 49, United
States Code, and title 14, Code of Federal Regulations.
"(c) Requirements.-Improved pilot licenses issued under this section shall"(1) be resistant to tampering, alteration, and counterfeiting;
"(2) include a photograph of the individual to whom the license is issued for identification
purposes; and
"(3) be smart cards that"(A) accommodate iris and fingerprint biometric identifiers; and
"(B) are compliant with Federal Information Processing Standards-201 (FIPS–201) or
Personal Identity Verification-Interoperability Standards (PIV–I) for processing through security

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checkpoints into airport sterile areas.
"(d) Tampering.-To the extent practicable, the Administrator shall develop methods to determine
or reveal whether any component or security feature of an improved pilot license issued under this
section has been tampered with, altered, or counterfeited.
"(e) Use of Designees.-The Administrator may use designees to carry out subsection (a) to the
extent practicable in order to minimize the burdens on pilots.
"(f) Report to Congress."(1) In general.-Not later than 1 year after the date of enactment of this Act [Feb. 14, 2012],
and annually thereafter, the Administrator shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the issuance of improved pilot licenses under this
section.
"(2) Expiration.-The Administrator shall not be required to submit annual reports under this
subsection after the date on which the Administrator has issued improved pilot licenses under this
section to all pilots."
Pub. L. 108–458, title IV, §4022, Dec. 17, 2004, 118 Stat. 3723 , provided that:
"(a) In General.-Not later than one year after the date of enactment of this Act [Dec. 17, 2004], the
Administrator of the Federal Aviation Administration shall begin to issue improved pilot licenses
consistent with the requirements of title 49, United States Code, and title 14, Code of Federal
Regulations.
"(b) Requirements.-Improved pilots licenses issued under subsection (a) shall"(1) be resistant to tampering, alteration, and counterfeiting;
"(2) include a photograph of the individual to whom the license is issued; and
"(3) be capable of accommodating a digital photograph, a biometric identifier, or any other
unique identifier that the Administrator considers necessary.
"(c) Tampering.-To the extent practical, the Administrator shall develop methods to determine or
reveal whether any component or security feature of a license issued under subsection (a) has been
tampered, altered, or counterfeited.
"(d) Use of Designees.-The Administrator may use designees to carry out subsection (a) to the
extent feasible in order to minimize the burdens on pilots."

CREDITING OF LAW ENFORCEMENT FLIGHT TIME
Pub. L. 106–424, §14, Nov. 1, 2000, 114 Stat. 1888 , provided that: "In determining whether an
individual meets the aeronautical experience requirements imposed under section 44703 of title 49,
United States Code, for an airman certificate or rating, the Secretary of Transportation shall take into
account any time spent by that individual operating a public aircraft as defined in section 40102 of title
49, United States Code, if that aircraft is"(1) identifiable by category and class; and
"(2) used in law enforcement activities."

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