§44703. Airman certificates
Primary source
Verbatim text below is from the United States Code (GovInfo), a public-domain U.S. government work.
Full Text
§44703. Airman certificates
(a)
(b)
(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)
(1)
(2)
(3)
(d)
(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(B) was revoked within one year from the date of the denial.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 the judicial review proceedings. The findings of fact of the Board in any such case are conclusive if supported by substantial evidence.
(e)
(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)
(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)
(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) 1
(1)
(A)
(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)
(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
(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)
(2)
(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-
(4)
(5)
(6)
(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)
(8)
(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)
(10)
(11)
(12)
(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)
(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)
(A)
(B)
(15)
(16)
(i) FAA
(1)
(2)
(A) FAA
(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.
(B)
(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)
(3)
(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)
(A)
(B)
(i)
(ii)
(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)
(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)
(7)
(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)
(A)
(B)
(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)
(A)
(B)
(i)
(ii)
(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)
(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)
(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)
(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)
(A)
(B)
(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 decision.
(14)
(15)
(A)
(B)
(C)
(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)
(j)
(1)
(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)
(3)
(A) the person knows is false; and
(B) was maintained in violation of a criminal statute of the United States.
(4)
(A)
(B)
(k)
(l)
(1) made available—
(A) electronically to the individual immediately upon submitting an online application for a replacement certificate to the Administrator; or
(B) physically to the individual at a flight standards district office—
(i) if the individual submits an online application for a replacement certificate; or
(ii) if the individual applies for a permanent replacement certificate other than by online application and such application has been received by the Federal Aviation Administration; and
(2) destroyed upon receipt of the permanent replacement airman certificate from the Administrator.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 44703(a) | 49 App.:1422(b)(1) (1st sentence, 2d sentence words before 6th comma). | 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. |
| 49 App.:1655(c)(1). | 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. | |
| 44703(b) | 49 App.:1422(a) (11th–last words). | Aug. 23, 1958, Pub. L. 85–726, §602(a) (9th–last words), (c), 72 Stat. 776. |
| 49 App.:1422(b)(1) (2d sentence words after 6th comma), (c). | ||
| 49 App.:1655(c)(1). | ||
| 44703(c)(1) | 49 App.:1422(b)(1) (3d sentence). | |
| 44703(c)(2) | 49 App.:1422(b)(1) (4th, 5th sentences, last sentence words before proviso). | |
| 49 App.:1655(c)(1). | ||
| 44703(d) | 49 App.:1422(b)(1) (last sentence proviso). | |
| 49 App.:1655(c)(1). | ||
| 44703(e) | 49 App.:1422(b)(2)(A), (B). | 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. |
| 44703(f)(1) | 49 App.:1422(d). | 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. |
| 44703(f)(2) | 49 App.:1401 (note). | 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 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.
Editorial Notes
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
2024—Subsec. (l). Pub. L. 118–63 added subsec. (l).
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 "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.
Statutory Notes and Related Subsidiaries
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.
Termination Date
Subsec. (h) of this section ceased to be effective beginning on Sept. 9, 2024, pursuant to par. (16) of that subsec. See 14 C.F.R. §111.5(b).
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.
Enhanced Qualification Program for Restricted Airline Transport Pilot Certificate
Pub. L. 118–63, title III, §372, May 16, 2024, 138 Stat. 1139, provided that:
"(a)
"(1)
"(A) qualified air carriers are certified by the Administrator to provide enhanced training for eligible pilots seeking to obtain restricted airline transport certificates, either directly by the air carrier or by a certified training institution under part 141 or part 142 of title 14, Code of Federal Regulations, that is under contract with the qualified air carrier; and
"(B) qualified instructors and evaluators provide enhanced training to eligible pilots pursuant to the curriculum requirements under paragraph (4).
"(2)
"(A) all testing and training shall be performed by qualified instructors; and
"(B) all evaluations shall be performed by qualified evaluators.
"(3)
"(4)
"(A) a nationally standardized, non-air carrier or aircraft-specific training curriculum which shall—
"(i) ensure prospective pilots have appropriate knowledge at the commercial pilot certificate, multi-engine rating, and instrument rating level;
"(ii) introduce the pilots to concepts associated with air carrier operations;
"(iii) meet all requirements for an ATP Certification Training Program under part 61.156 or part 142 of title 14, Code of Federal Regulations; and
"(iv) include a course of instruction designed to prepare the prospective pilot to take the ATP Multiengine Airplane Knowledge Test;
"(B) an aircraft-specific training curriculum, developed by the air carrier using objectives and learning standards developed by the Administrator, which shall—
"(i) only be administered to prospective pilots who have completed the requirements under subparagraph (A);
"(ii) resemble a type rating training curriculum that includes aircraft ground and flight training that culminates in—
"(I) the completion of a maneuvers evaluation that incorporates elements of a type rating practical test; or
"(II) at the discretion of the air carrier, an actual type rating practical test resulting in the issuance of a type rating for the specific aircraft; and
"(iii) ensure the prospective pilot has an adequate understanding and working knowledge of transport category aircraft automation and autoflight systems; and
"(C) air carrier-specific procedures using objectives and learning standards developed by the Administrator to further expand on the concepts described in subparagraphs (A) and (B), which shall—
"(i) only be administered to prospective pilots who have completed requirements under subparagraphs (A) and (B) and an ATP Multiengine Airplane Knowledge Test;
"(ii) include instructions on air carrier checklist usage and standard operating procedures; and
"(iii) integrate aircraft-specific training in appropriate flight simulation training devices representing the specific aircraft type, including complete crew resource management and scenario-based training.
"(5)
"(A) the assessment requirements under paragraph (3);
"(B) the curriculum requirements under paragraph (4);
"(C) the requirements for qualified instructors under subsection (d)(5); and
"(D) the requirements for eligible pilots under subsection (d)(2).
"(6)
"(7)
"(b)
"(c)
"(d)
"(1)
"(2)
"(A) has—
"(i) graduated from a United States Armed Forces undergraduate pilot training school;
"(ii) obtained a degree with an aviation major from an institution of higher education (as defined in part 61.1 of title 14, Code of Federal Regulations) that has been issued a letter of authorization by the Administrator under part 61.169 of such title 14; or
"(iii) completed flight and ground training for a commercial pilot certificate in the airplane category and an airplane instrument rating at a certified training institution under part 141 of such title 14;
"(B) has a current commercial pilot certificate under part 61.123 of such title 14, with airplane category multi-engine and instrument ratings under part 61.129 of such title 14; and
"(C) meets the pilot assessment requirements under subsection (a)(3).
"(3)
"(4)
"(5)
"(A) is qualified in accordance with the minimum training requirements for an ATP Certification Training Program under paragraphs (1) through (3) of part 121.410(b) of title 14, Code of Federal Regulations;
"(B) if the instructor is a flight instructor, is qualified in accordance with part 121.410(b)(4) of such title;
"(C) if the instructor is administering type rating practical tests, is qualified as an appropriate examiner for such rating;
"(D) received training in threat and error management, facilitation, and risk mitigation determined appropriate by the Administrator; and
"(E) meets any other requirement determined appropriate by the Administrator."
Civil Airmen Statistics
Pub. L. 118–63, title IV, §402, May 16, 2024, 138 Stat. 1148, provided that:
"(a)
"(b)
"(c)
"(d)
Airman's Medical Bill of Rights
Pub. L. 118–63, title IV, §407, May 16, 2024, 138 Stat. 1153, provided that:
"(a)
"(1)
"(2)
"(A) bring a trusted companion or request to have a chaperone present for a medical examination;
"(B) terminate an exam in accordance with guidelines from the Administrator for appropriately terminating such exam;
"(C) receive medical examination with respect and recognition of the dignity of the individual;
"(D) be assured of privacy and confidentiality;
"(E) select an Aviation Medical Examiner of the choice of the individual, as long as the Aviation Medical Examiner has the required designations;
"(F) privacy when changing, undressing, and using the restroom;
"(G) ask questions about FAA [Federal Aviation Administration] medical standards and the applicability to the current health status of the individual;
"(H) report an incident of misconduct by an Aviation Medical Examiner to the appropriate authorities, including to the State licensing board of the Aviation Medical Examiner or the FAA;
"(I) report to the Administrator an allegation regarding alleged Aviation Medical Examiner misconduct without fear of retaliation or negative action relating to an airman certificate of the individual; and
"(J) be advised of any known conflicts of interest an Aviation Medical Examiner may have with respect to the medical examination of the individual.
"(3)
"(A) made available to, and acknowledged by, an individual in the MedXpress system (or any successor system);
"(B) made available in a hard-copy format by an Aviation Medical Examiner at the time of exam upon request by an individual; and
"(C) displayed in a common space in the office of the Aviation Medical Examiner.
"(b)
"(1)
"(2)
"(A) made available to, and acknowledged by, an individual in the MedXpress system (or any successor system);
"(B) made available in a hard-copy format by an Aviation Medical Examiner at the time of exam upon request by an individual; and
"(C) displayed in a common space in the office of the Aviation Medical Examiner."
Improved Designee Misconduct Reporting Process
Pub. L. 118–63, title IV, §408, May 16, 2024, 138 Stat. 1154, provided that:
"(a)
"(1)
"(2)
"(A) the designee locator search webpage; and
"(B) the webpage of the Office of Audit and Evaluation of the FAA [Federal Aviation Administration].
"(3)
"(4)
"(A)
"(B)
"(i) review the efforts of the Administration to improve the reporting process and solutions developed to respond to and investigate allegations of misconduct;
"(ii) analyze reports of misconduct brought to the Administrator prior to any changes made to the reporting process as a result of the enactment of this Act [Pub. L. 118–63], including the ultimate outcomes of those reports and whether any reports resulted in the Administrator taking action against the accused designee;
"(iii) determine whether the reporting process results in appropriate action, including reviewing, investigating, and closing out reports; and
"(iv) if applicable, make recommendations to improve the reporting process.
"(C)
"(b)
"(1) an Aviation Medical Examiner (as described in section 183.21 of title 14, Code of Federal Regulations);
"(2) a pilot examiner (as described in section 183.23 of such title); or
"(3) a technical personnel examiner (as described in section 183.25 of such title)."
Aeromedical Innovation and Modernization Working Group
Pub. L. 118–63, title IV, §411, May 16, 2024, 138 Stat. 1156, provided that:
"(a)
"(b)
"(1)
"(A) 2 co-chairs described in paragraph (2); and
"(B) not less than 15 individuals appointed by the Administrator, each of whom shall have knowledge or a background in aerospace medicine, psychiatry, neurology, cardiology, or internal medicine.
"(2)
"(A) the Federal Air Surgeon of the FAA [Federal Aviation Administration]; and
"(B) a member described under paragraph (1)(A) to be selected by members of the working group.
"(3)
"(A) Aviation Medical Examiners (as described in section 183.21 of title 14, Code of Federal Regulations);
"(B) licensed medical physicians;
"(C) practitioners holding a pilot certificate; and
"(D) individuals having demonstrated research and expertise in aeromedical research or sciences.
"(c)
"(1) assess the medical conditions an Aviation Medical Examiner may issue a medical certificate directly to an individual;
"(2) determine the appropriateness of the list of such medical conditions as of the date of enactment of this Act;
"(3) assess the special issuance process;
"(4) determine the appropriateness of whether a renewal of a special issuance can be based on a medical evaluation and treatment plan by the treating medical specialist of the individual pursuant to approval from an Aviation Medical Examiner;
"(5) evaluate advancements in technologies to address forms of red-green color blindness and determine whether such technologies may be approved for use by airmen;
"(6) review policies and guidance relating to Attention-Deficit Hyperactivity Disorder and Attention Deficit Disorder;
"(7) evaluate whether medications used to treat such disorders may be safely prescribed to airmen;
"(8) review protocols pertaining to the Human Intervention Motivation Study of the FAA;
"(9) review protocols and policies relating to—
"(A) neurological disorders; and
"(B) cardiovascular conditions to ensure alignment with medical best practices, latest research;
"(10) review mental health protocols and medications approved for treating such mental health conditions, including such actions taken resulting from recommendations by the Mental Health and Aviation Medical Clearances Rulemaking Committee;
"(11) assess processes and protocols pertaining to recertification of airmen receiving disability insurance post-recovery from the medical condition, injury, or disability that precludes airmen from exercising the privileges of an airman certificate;
"(12) assess processes and protocols pertaining to the certification of veterans reporting a disability rating from the Department of Veterans Affairs; and
"(13) assess and evaluate the user interface and information-sharing capabilities of any online medical portal administered by the FAA.
"(d)
"(1)
"(2)
"(A) a Chair of the task group; and
"(B) members of the task group from among the members of the working group appointed by the Administrator under subsection (b)(1).
"(3)
"(A) carrying out the activities described in subsection (c)(10);
"(B) soliciting feedback from aviation industry professionals or other licensed professionals representing air carrier operations under part 121 and part 135 of title 14, Code of Federal Regulations, and general aviation operations under part 91 of title 14, Code of Federal Regulations;
"(C) reviewing and evaluating guidance issued by the International Civil Aviation Organization on aviation workforce mental health;
"(D) providing advice, as appropriate, on the implementation of the final recommendations issued by the inspector general of the Department of Transportation in the report titled, 'FAA Conduct Comprehensive Evaluations of Pilots With Mental Health Challenges, but Opportunities Exist to Further Mitigate Safety Risks', published on July 12, 2023 (AV2023038);
"(E) monitoring and evaluating the implementation of recommendations by the Mental Health and Aviation Medical Clearances Rulemaking Committee;
"(F) expanding and improving mental health outreach, education, and assistance programs for the aviation workforce; and
"(G) reducing the stigma associated with mental healthcare in the aviation workforce.
"(4)
"(A) the results of the review under paragraph (3)(A); and
"(B) progress on the implementation of recommendations pursuant to subparagraphs (D) and (E) of paragraph (3); and
"(C) the activities carried out pursuant to fulfilling the duties described in subparagraphs (F) and (G) of paragraph (3).
"(e)
"(f)
"(g)
"(h)
Medical Portal Modernization Task Group
Pub. L. 118–63, title IV, §413, May 16, 2024, 138 Stat. 1159, provided that:
"(a)
"(b)
"(1) a Chair of the task group; and
"(2) members of the task group from among the members of the working group appointed by the Administrator [of the Federal Aviation Administration] under section 411(b).
"(c)
"(1) The cybersecurity protections and protocols of any such medical portal, including the secure exchange of health information and records between Aviation Medical Examiners and pilots, or their designee, including the ability for airmen to submit additional information requested by the Administrator.
"(2) The status of an airman's medical application and the disclosure of how long an airman can expect to wait for a final determination to be issued by the Administrator.
"(3) The disclosure of the name and contact information of the Administrator's representative managing an airman's case so that an Aviation Medical Examiner has a point of contact within the Administration who is familiar with an airman's application.
"(d)
"(e)
"(f)
Military Aviation Maintenance Technicians Rule
Pub. L. 118–63, title IV, §426, May 16, 2024, 138 Stat. 1168, provided that:
"(a)
"(1)
"(A) create a military mechanic written competency test that addresses gaps between military and civilian experience; and
"(B) develop, as necessary, a relevant Airman Certification Standard to qualify eligible military maintenance technicians for a civilian mechanic certificate with airframe or powerplant ratings.
"(2)
"(A) whether to allow a certificate of eligibility from the Joint Services Aviation Maintenance Technician Certification Council (in this section referred to as the 'JSAMTCC') evidencing completion of a training curriculum for any rating sought to serve as a substitute to fulfill the requirement under such part 65 for oral and practical tests administered by a designated mechanic examiner for eligible military maintenance technicians;
"(B) aeronautical knowledge subject areas contained in the Aviation Mechanic General, Airframe, and Powerplant Airman Certification Standards as described in section 65.75 of title 14, Code of Federal Regulations, as appropriate, to the rating sought; and
"(C) any applicable recommendations by the Aviation Rulemaking Advisory Committee Airman Certification System Working Group.
"(b)
"(1) whether an expansion of the number of active testing locations operated within military installation testing centers would increase access to testing; and
"(2) how to implement such expansion, if appropriate.
"(c)
"(d)
"(1)
"(2)
"(e)
"(1) has been a maintenance technician during service in the armed forces who was honorably discharged or has retired from the armed forces (as defined in section 101 of title 10, United States Code);
"(2) presents an official record of service in the armed forces confirming that the individual has been a military aviation maintenance technician, holding an appropriate Military Occupational Specialty Code, as determined by the Administrator, in coordination with the Secretary of Defense; and
"(3) presents documentary evidence of experience in accordance with the requirements under section 65.77 of title 14, Code of Federal Regulations."
Timely Resolution of Investigations
Pub. L. 118–63, title VIII, §805, May 16, 2024, 138 Stat. 1323, provided that:
"(a)
"(1) make a determination regarding such investigation and pursue subsequent action; or
"(2) close such investigation.
"(b)
"(1)
"(2)
"(c)
All Makes and Models Authorization
Pub. L. 118–63, title VIII, §806, May 16, 2024, 138 Stat. 1323, provided that:
"(a)
"(1)
"(A) all types and makes of experimental high–performance single engine piston powered aircraft; and
"(B) all types and makes of experimental high–performance multiengine piston powered aircraft.
"(2)
"(A) shall be given an all-makes and models authorization of—
"(i) experimental single–engine piston powered authorized aircraft; or
"(ii) experimental multiengine piston powered authorized aircraft;
"(B) shall hold the appropriate category and class rating for the authorized aircraft;
"(C) shall hold 3 experimental aircraft authorizations in aircraft of the same category and class rating for the authorization sought; and
"(D) may become qualified in additional experimental aircraft by completing aircraft-specific ground and flight training.
"(b)
"(c)
"(1)
"(2)
BasicMed for Examiners Administering Tests or Proficiency Checks
Pub. L. 118–63, title VIII, §815, May 16, 2024, 138 Stat. 1328, provided that:
"(a)
"(b)
Designee Locator Tool Improvements
Pub. L. 118–63, title VIII, §816, May 16, 2024, 138 Stat. 1328, provided that: "Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall ensure that the designee locator search function of the public website of the Designee Management System of the Administration has the functionality to—
"(1) filter a search for an Aviation Medical Examiner (as described in section 183.21 of title 14, Code of Federal Regulations) by sex, if such information is available;
"(2) display credentials and aircraft qualifications of a designated pilot examiner (as described in section 183.23 of such title); and
"(3) display the scheduling availability of a designated pilot examiner (as described in section 183.23 of such title) to administer a test or proficiency check to an airman."
National Coordination and Oversight of Designated Pilot Examiners
Pub. L. 118–63, title VIII, §833, May 16, 2024, 138 Stat. 1339, provided that:
"(a)
"(b)
"(1) Oversight of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations.
"(2) Coordinating with other offices, as appropriate, to support the standardization of policy, guidance, and regulations across the FAA [Federal Aviation Administration] pertaining to the selection, training, duties, and deployment of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations, including evaluating the consistency by which such examiners apply Administration policies, orders, and guidance.
"(3) Evaluating the consistency by which such examiners apply FAA policies, orders, and guidance.
"(4) Coordinating placement and deployment of such examiners across regions based on demand for examinations from the pilot community.
"(5) Developing a code of conduct for such examiners.
"(6) Deploying a survey system to track the performance and merit of such examiners.
"(7) Facilitating an industry partnership to create a formal mentorship program for such examiners.
"(c)
"(1) coordinates on an ongoing basis with flight standards district offices, designated pilot examiner managing specialists, and aviation industry stakeholders, including representatives of the general aviation community; and
"(2) considers whether to implement the final recommendations report issued by the Designated Pilot Examiner Reforms Working Group and accepted by the Aviation Rulemaking Advisory Committee on June 17, 2021.
"(d)
"(1)
"(2)
"(A) the methodology and rationale by which designated pilot examiners are deployed;
"(B) with respect to the previous fiscal year, the average time an individual in each region must wait to schedule an appointment with a designated pilot examiner;
"(C) with respect to the previous fiscal year, the estimated total time individuals in each region were forced to wait to schedule an appointment with a designated pilot examiner;
"(D) the primary reasons and best ways to reduce wait times described in subparagraph (C);
"(E) the number of tests conducted by designated pilot examiners;
"(F) the number and percentage of available designated pilot examiners that perform such tests; and
"(G) the average rate of retests, including of both written and practical tests."
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)
"(b)
"(c)
Designated Pilot Examiner Reforms
Pub. L. 115–254, div. B, title III, §319, Oct. 5, 2018, 132 Stat. 3269, provided that:
"(a)
"(b)
Public Aircraft Eligible for Logging Flight Times
Pub. L. 118–63, title VIII, §826, May 16, 2024, 138 Stat. 1332, provided that:
"(a)
"(1)
"(2)
"(b)
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)
"(b)
Medical Certification of Certain Small Aircraft Pilots
Pub. L. 114–190, title II, §2307, July 15, 2016, 130 Stat. 641, as amended by Pub. L. 118–63, title VIII, §828(a), May 16, 2024, 138 Stat. 1336, provided that:
"(a)
"(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 or has held such a certificate at any time after July 14, 2006;
"(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 physician during the previous 48 calendar 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 6 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)
"(1)
"(2)
"(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) (or any successor form); 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);
"(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)
"(c)
"(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 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)
"(e)
"(1)
"(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)
"(3)
"(A)
"(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 mental health condition.
"(B)
"(4)
"(A)
"(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)
"(f)
"(1)
"(2)
"(3)
"(g)
"(1)
"(2)
"(3)
"(h)
"(i)
"(j)
"(1) is authorized under Federal law to carry not more than 7 occupants;
"(2) has a maximum certificated takeoff weight of not more than 12,500 pounds; and
"(3) is not a transport category rotorcraft certified to airworthiness standards under part 29 of title 14, Code of Federal Regulations.
"(k)
"(l)
"(1)
"(2)
[Pub. L. 118–63, title VIII, §828(b), (c), May 16, 2024, 138 Stat. 1336, provided that:
["(b)
["(c)
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; Pub. L. 118–63, title VIII, §807, May 16, 2024, 138 Stat. 1324, provided that:
"(a)
"(b)
"(1)
"(2)
"(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)
"(4)
"(A)
"(B)
"(i) relevant air traffic communication tapes;
"(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)
"(i)
"(ii)
"(I) describes the facility at which such information is located; and
"(II) identifies the date on which such information was generated.
"(iii)
"(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)
"(6)
"(A)
"(B)
"(c)
"(1)
"(2)
"(3)
"(d)
"(1)
"(2)
"(e)
"(1)
"(2)
"(f)
"(1)
"(A)
"(B)
"(2)
"(3)
"(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)
"(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)
"(1)
"(2)
"(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 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)
"(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)
"(d)
Reexamination of an Airman Certificate
Pub. L. 112–153, §5, as added by Pub. L. 118–63, title VIII, §801, May 16, 2024, 138 Stat. 1320, provided that:
"(a)
"(b)
"(1) of the nature of the reexamination and the specific activity on which the reexamination is necessitated;
"(2) that the reexamination shall occur within 1 year from the date of the notice provided by the Administrator, however, if the reexamination is not conducted within 30 days, the Administrator may restrict passenger carrying operations;
"(3) that if such reexamination is not conducted after 1 year from date of notice, the airman certificate of the individual may be suspended or revoked; and
"(4) when, as determined by the Administrator, an oral or written response to the notification from the Administrator is not required.
"(c)
"(1) to establish that an airman may not be qualified to exercise the privileges of a certificate or rating based upon an act or omission committed by the airman while exercising such privileges or performing ancillary duties associated with the exercise of such privileges; or
"(2) to demonstrate that the airman obtained such a certificate or rating through fraudulent means or through an examination that was inadequate to establish the qualifications of an airman.
"(d)
Improved Pilot Licenses
Pub. L. 112–95, title III, §321, Feb. 14, 2012, 126 Stat. 71, which related to the issuance by the Administrator of the Federal Aviation Administration of improved pilot licenses and required reports to Congress, was repealed by Pub. L. 118–63, title II, §218(j)(2), May 16, 2024, 138 Stat. 1056.
Pub. L. 108–458, title IV, §4022, Dec. 17, 2004, 118 Stat. 3723, which related to the issuance of improved pilot licenses, was repealed by Pub. L. 118–63, title II, §218(j)(1), May 16, 2024, 138 Stat. 1056.
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."
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.