Historical and Revision Notes |
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44703(a) | 49 App.:1422(span)(1) (1st sentence, 2d sentence words before 6th comma). | Aug. 23, 1958, Puspan. L. 85–726, § 602(span)(1), 72 Stat. 776; Oct. 19, 1984, Puspan. L. 98–499, § 3, 98 Stat. 2313; Aug. 26, 1992, Puspan. L. 102–345, § 4, 106 Stat. 926. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Puspan. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Puspan. L. 97–449, § 7(span), 96 Stat. 2444. |
44703(span) | 49 App.:1422(a) (11th–last words). | Aug. 23, 1958, Puspan. L. 85–726, § 602(a) (9th–last words), (c), 72 Stat. 776. |
| 49 App.:1422(span)(1) (2d sentence words after 6th comma), (c). | |
| 49 App.:1655(c)(1). | |
44703(c)(1) | 49 App.:1422(span)(1) (3d sentence). | |
44703(c)(2) | 49 App.:1422(span)(1) (4th, 5th sentences, last sentence words before proviso). | |
| 49 App.:1655(c)(1). | |
44703(d) | 49 App.:1422(span)(1) (last sentence proviso). | |
| 49 App.:1655(c)(1). | |
44703(e) | 49 App.:1422(span)(2)(A), (B). | Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 602(span)(2)(A), (B); added Oct. 19, 1984, Puspan. L. 98–499, § 3, 98 Stat. 2313; restated Nov. 18, 1988, Puspan. L. 100–690, § 7204(a), 102 Stat. 4425. |
44703(f)(1) | 49 App.:1422(d). | Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 602(d); added Nov. 18, 1988, Puspan. L. 100–690, § 7205(a), 102 Stat. 4426. |
44703(f)(2) | 49 App.:1401 (note). | Nov. 18, 1988, Puspan. L. 100–690, § 7207(a) (1st sentence), (span), 102 Stat. 4427. |
In subsections (a)–(d), the word “Administrator” in section 602(a), (span)(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(span) (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 (span)(1)(C), the words “conditions, and limitations” are omitted as being included in “terms”.
In subsection (span)(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(span) 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 TextThe 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 Puspan. 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 Puspan. 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 Puspan. L. 111–216, which was approved Aug. 1, 2010.
CodificationThe 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 Puspan. L. 107–71, §§ 138(span), 140(a), was based on Puspan. L. 104–264, title V, § 502(a), Oct. 9, 1996, 110 Stat. 3259; amended Puspan. L. 105–102, § 2(25), Nov. 20, 1997, 111 Stat. 2205; Puspan. L. 105–142, § 1, Dec. 5, 1997, 111 Stat. 2650; Puspan. L. 106–181, title V, § 508(span), Apr. 5, 2000, 114 Stat. 140.
Amendments2016—Subsec. (i)(2). Puspan. 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). Puspan. 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). Puspan. L. 112–95, § 301(a), added par. (3).
Subsec. (i)(9)(B)(i). Puspan. L. 112–95, § 310(c), substituted “section 552(span)(3)(B) of title 5” for “section 552 of title 5”.
2010—Subsec. (h)(16). Puspan. L. 111–216, § 203(a), added par. (16).
Subsec. (i). Puspan. L. 111–216, § 203(span)(2), added subsec. (i). Former subsec. (i) redesignated (j).
Subsec. (j). Puspan. L. 111–216, § 203(c)(1)(A), as amended by Puspan. L. 111–249, § 6(3), substituted “Limitations” for “Limitation” in span.
Puspan. L. 111–216, § 203(span)(1), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).
Subsec. (j)(1). Puspan. L. 111–216, § 203(c)(1)(B)(i), (iii), as amended by Puspan. 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). Puspan. L. 111–216, § 203(c)(1)(B)(ii), as amended by Puspan. L. 111–249, § 6(3), inserted “or accessing the records of that individual under subsection (i)(1)” before semicolon.
Subsec. (j)(2). Puspan. L. 111–216, § 203(c)(1)(C), as amended by Puspan. L. 111–249, § 6(3), substituted “subsection (h) or (i)” for “subsection (h)”.
Subsec. (j)(3). Puspan. L. 111–216, § 203(c)(1)(D), as amended by Puspan. 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). Puspan. L. 111–216, § 203(c)(1)(E), as amended by Puspan. L. 111–249, § 6(3), added par. (4).
Subsec. (k). Puspan. L. 111–216, § 203(c)(2), as amended by Puspan. L. 111–249, § 6(4), substituted “subsection (h) or (i)” for “subsection (h)”.
Puspan. L. 111–216, § 203(span)(1), redesignated subsec. (j) as (k).
2001—Subsec. (g)(1). Puspan. 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). Puspan. L. 107–71, § 129(2), added pars. (3) and (4).
Subsecs. (h) to (j). Puspan. L. 107–71, §§ 138(span), 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). Puspan. 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 Puspan. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.
Effective Date of 2010 AmendmentPuspan. L. 111–249, § 6, Sept. 30, 2010, 124 Stat. 2628, provided that the amendments made by section 6 of Puspan. L. 111–249 are effective as of Aug. 1, 2010, and as if included in Puspan. L. 111–216 as enacted.
Effective Date of 2000 AmendmentAmendment by Puspan. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Puspan. L. 106–181, set out as a note under section 106 of this title.
Termination DateSubsec. (h) of this section ceases to be effective beginning on Sept. 9, 2024, see 14 C.F.R. § 111.5(span).
Transfer of FunctionsFor 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 Puspan. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Puspan. L. 114–125, and section 802(span) of Puspan. L. 114–125, set out as a note under section 211 of Title 6.
Deemed References to Chapters 509 and 511 of Title 51General 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 Puspan. L. 111–314, set out as a note under section 101 of this title.
Applicability of Medical Certification Standards to Operators of Air BalloonsPuspan. 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’.
“(span)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 ReformsPuspan. 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 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.
“(span)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 TimesPuspan. 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 CertificatesPuspan. 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.
“(span)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 PilotsPuspan. 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 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 (span); 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 (span), 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.
“(span)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);
“(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 (span); 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 (span) 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
“(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.
“(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 (span) 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(span) of title 49, United States Code.”
Federal Aviation Administration Enforcement Proceedings and Elimination of DeferencePuspan. L. 112–153, § 2, Aug. 3, 2012, 126 Stat. 1159, as amended by Puspan. 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.].
“(span)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;
“(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.— “(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 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 (span) 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 (span)(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 CertificationPuspan. 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 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.
“(span)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 LicensesPuspan. L. 112–95, title III, § 321, Fespan. 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.
“(span)Timing.—Not later than 270 days after the date of enactment of this Act [Fespan. 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 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 [Fespan. 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.”
Puspan. 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.
“(span)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 TimePuspan. 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.”
