Historical and Revision Notes |
|---|
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.
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 ceases to be effective beginning on Sept. 9, 2024, 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)
Program.—
“(1)
In general.—
Not later than 6 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall establish the requirements for a program to be known as the Enhanced Qualification Program (in this section referred to as the ‘Program’) under which—
“(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)
Qualified instructors and evaluators.—
Under the Program—
“(A)
all testing and training shall be performed by qualified instructors; and
“(B)
all evaluations shall be performed by qualified evaluators.
“(3)
Pilot assessment.—
Under the Program, the Administrator shall establish guidelines for an assessment that prospective pilots are required to pass in order to participate in the training under the Program. Such assessment shall include an evaluation of the pilot’s aptitude, ability, and readiness for operation of transport category aircraft.
“(4)
Program curriculum.—
Under the Program, the Administrator shall establish requirements for the curriculum to be provided under the Program. Such curriculum shall include—
“(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)
Application and certification.—
Under the Program, the Administrator shall establish a process for air carriers to apply for training program certification. Such process shall include a review to ensure that the training provided by the air carrier will meet the requirements of this section, including—
“(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)
Data.—
Under the Program, the Administrator shall require that each qualified air carrier participating in the Program collect and submit to the Administrator such data from the Program that the Administrator determines is appropriate for the Administrator to provide for oversight of the Program.
“(7)
Regular inspection.—
Under the Program, the Administrator shall provide for the regular inspection of qualified air carriers certified under paragraph (5) to ensure that the air carrier continues to meet the requirements under the Program.
“(b)
Regulations.—
The Administrator may issue regulations or guidance as determined necessary to carry out the Program.
“(c)
Clarification Regarding Required Flight Hours.—
The provisions of this section shall have no effect on the total flight hours required under part 61.159 of title 14, Code of Federal Regulations, to receive an airline transport pilot certificate, or the Administrator’s authority under section 217(d) of the Airline Safety and Federal Aviation Administration Extension Act of 2010 [
[Pub. L. 111–216]] (
49 U.S.C. 44701 note) (as in effect on the date of enactment of this section [
May 16, 2024]).
“(d)
Definitions.—
In this section:
“(2)
Eligible pilot.—
The term ‘eligible pilot’ means a pilot that—
“(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)
Qualified air carrier.—
The term ‘qualified air carrier’ means an air carrier that has been issued a part 119 operating certificate for conducting operations under part 121 of title 14, Code of Federal Regulations.
“(4)
Qualified evaluator.—
The term ‘qualified evaluator’ means an individual that meets the requirements for a training center evaluator under part 142.55 of title 14, Code of Federal Regulations, or for check airmen under part 121.411 of such title.
“(5)
Qualified instructor.—
The term ‘qualified instructor’ means an individual that—
“(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)
Publication Frequency.—
The Administrator [of the Federal Aviation Administration] shall publish the study commonly referred to as the ‘U.S. Civil Airmen Statistics’ on a monthly basis.
“(b)
Presentation of Data.—
The Administrator shall make the data from the study under subsection (a) publicly available on the website of the Administration in a user-friendly, downloadable format.
“(c)
Expanded Data Criteria.—
Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator shall ensure that data sets and tables published as part of the study described in subsection (a) display information relating to the sex of certificate holders in more instances.
“(d)
Historical Data.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall make all previously published annual data from the study described in subsection (a) available on the website of the Administration.”
Airman’s Medical Bill of Rights
[Pub. L. 118–63, title IV, § 407], May 16, 2024, [138 Stat. 1153], provided that:“(a)
In General.—
“(1)
Development.—
Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall develop a document (in this section referred to as the ‘Airman’s Medical Bill of Rights’) detailing the rights of an individual before, during, and after a medical examination conducted by an Aviation Medical Examiner.
“(2)
Contents.—
The Airman’s Medical Bill of Rights required under paragraph (1) shall, at a minimum, contain information about the right of an individual to—
“(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)
Public availability.—
The Airman’s Medical Bill of Rights required under paragraph (1) shall be—
“(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)
Expectations for Medical Examinations.—
“(1)
In general.—
Not later than 1 year after the date of enactment of this Act, the Administrator shall develop a simplified document explaining the standard procedures performed during a medical examination conducted by an Aviation Medical Examiner.
“(2)
Public availability.—
The document required under paragraph (1) shall be—
“(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)
Improved Designee Misconduct Reporting Process.—
“(1)
In general.—
Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall establish a streamlined process for individuals involved in incidents of alleged misconduct by a designee to report such incidents in a manner that protects the privacy and confidentiality of such individuals.
“(2)
Public access to reporting process.—
The process for reporting alleged misconduct by a designee shall be made available to the public on the website of the Administration, including—
“(A)
the designee locator search webpage; and
“(B)
the webpage of the Office of Audit and Evaluation of the FAA [Federal Aviation Administration].
“(3)
Obligation to report criminal charges.—
Not later than 90 days after the date of enactment of this Act, the Administrator shall revise the orders and policies governing the Designee Management System to clarify that designees are obligated to report any arrest, indictment, or conviction for violation of a local, State, or Federal law within a period of time specified by the Administrator.
“(4)
Audit of reporting process by inspector general.—
“(A)
In general.—
Not later than 3 years after the date on which the Administrator finalizes the update of the reporting process under paragraph (1), the inspector general of the Department of Transportation shall conduct an audit of such reporting process.
“(B)
Contents.—
In conducting the audit of the reporting process described in subparagraph (A), the inspector general shall, at a minimum—
“(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)
Report.—
Not later than 1 year after the date of initiation of the audit described in subparagraph (A), the inspector general 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 on the results of such audit, including findings and recommendations.
“(b)
Designee Defined.—
In this section, the term ‘designee’ means an individual who has been designated to act as a representative of the Administrator as—
“(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)
Establishment.—
Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall establish a working group (in this section referred to as the ‘working group’) to review the medical processes, policies, and procedures of the Administration and to make recommendations to the Administrator on modernizing such processes, policies, and procedures to ensure timely and efficient certification of airmen.
“(b)
Membership.—
“(1)
In general.—
The working group shall consist of—
“(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)
Co-chairs.—
The working group shall be co-chaired by—
“(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)
Preference.—
The Administrator, in appointing members pursuant to paragraph (1)(B), shall give preference to—
“(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)
Activities.—
In reviewing the aeromedical decision-making processes, policies, and procedures of the Administration in accordance with subsection (a), the working group, at a minimum, shall—
“(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)
Aviation Workforce Mental Health Task Group.—
“(1)
Establishment.—
Not later than 120 days after the working group pursuant to subsection (a) is established, the co-chairs of such working group shall establish an aviation workforce mental health task group (referred to in this subsection as the ‘task group’) to oversee, monitor, and evaluate efforts of the Administrator related to supporting the mental health of the aviation workforce.
“(2)
Composition.—
The co-chairs of such working group shall appoint—
“(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)
Duties.—
The duties of the task group shall include—
“(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)
Report.—
Not later than 2 years after the date of the establishment of the task group, the task group shall submit to the Secretary [of Transportation] and 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 detailing—
“(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)
Support.—
The Administrator shall seek to enter into 1 or more agreements with the National Academies to support the activities of the working group described in subsection (c).
“(f)
Findings and Recommendations.—
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the working group shall submit to the Administrator and the appropriate committees of Congress a report on the findings and recommendations resulting from the activities carried out under subsection (c).
“(g)
Implementation.—
Not later than 1 year after receiving recommendations outlined in the report under subsection (f), the Administrator may take such action, as appropriate, to implement such recommendations.
“(h)
Sunset.—
The working group shall terminate on October 1, 2028.”
Medical Portal Modernization Task Group
[Pub. L. 118–63, title IV, § 413], May 16, 2024, [138 Stat. 1159], provided that:“(a)
Establishment.—
Not later than 120 days after the working group pursuant to section 411 [of [Pub. L. 118–63], set out as a note above] is established, the co-chairs of such working group shall establish a medical portal modernization task group (in this section referred to as the ‘task group’) to evaluate the user interface and information sharing capabilities of an online medical portal administered by the FAA [Federal Aviation Administration].
“(b)
Composition.—
The co-chairs of the working group provided for in section 411 shall appoint—
“(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)
Assessment; Recommendations.—
The task group shall, at a minimum, assess and evaluate the capabilities of any such medical portal and provide recommendations to improve the following:
“(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)
Consultation.—
In carrying out the duties described in subsection (c), the task group may consult with cybersecurity experts and individuals with a knowledge of securing electronic health care transactions.
“(e)
Report.—
Not later than 1 year after the date of the establishment of the task group, the task group shall submit to the Administrator and 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 detailing activities and recommendations of the task group.
“(f)
Implementation.—
Not later than 1 year after receiving the report described in subsection (e), the Administrator may take such action as may be necessary to implement recommendations of the task group to improve any such medical portal.”
Military Aviation Maintenance Technicians Rule
[Pub. L. 118–63, title IV, § 426], May 16, 2024, [138 Stat. 1168], provided that:“(a)
Streamlined Certification for Eligible Military Maintenance Technicians.—
“(1)
Rulemaking.—
Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue a notice of proposed rulemaking to revise part 65 of title 14, Code of Federal Regulations, to—
“(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)
Consideration.—
In carrying out paragraph (1), the Administrator shall evaluate and consider—
“(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)
Expansion of Testing Locations.—
Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall determine—
“(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)
Outreach and Awareness.—
Not later than 1 year after the date of enactment of this Act, the Administrator, in coordination with the Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Homeland Security, shall develop a plan to increase outreach and awareness regarding services made available by the JSAMTCC and how such services can assist in facilitating the transition between military and civilian aviation maintenance careers.
“(d)
Briefings.—
“(1)
Initial briefing.—
Not later than 180 days after the date on which the Administrator develops the outreach and awareness plan pursuant to subsection (c), the Administrator shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Veterans’ Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Veterans’ Affairs of the House of Representatives a briefing on the activities planned to implement the outreach and awareness plan.
“(2)
Periodic briefing.—
Not later than 2 years after the date of enactment of this Act, and 2 years thereafter, the Administrator shall provide to the Committee on Commerce, Science, and Transportation and the Committee on Veterans’ Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Veterans’ Affairs of the House of Representatives a briefing on any rulemaking activities carried out pursuant to subsection (a), including a timeline for the issuance of a final rule.
“(e)
Eligible Military Maintenance Technician Defined.—
For purposes of this section, the term ‘eligible military maintenance technician’ means an individual who—
“(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)
In General.—
Not later than 2 years after the date of issuance of a letter of investigation to any person, as required by section 2(b) of the Pilot’s Bill of Rights [
[Pub. L. 112–153]] (
49 U.S.C. 44703 note), the Administrator [of the Federal Aviation Administration] shall—
“(1)
make a determination regarding such investigation and pursue subsequent action; or
“(2)
close such investigation.
“(b)
Extension.—
“(1)
In general.—
If, upon review of the facts and status of an investigation described in subsection (a), the Administrator determines that the time provided to make a final determination or close such investigation is insufficient, the Administrator shall approve an extension of such investigation for 2 years.
“(2)
Additional extensions.—
The Administrator may approve consecutive extensions under paragraph (1).
“(c)
Delegation.—
The Administrator may not delegate the authority to approve an extension described in subsection (b) to anyone other than the leadership of the Administration as described in
section 106(b) of title 49, United States Code.”
All Makes and Models Authorization
[Pub. L. 118–63, title VIII, § 806], May 16, 2024, [138 Stat. 1323], provided that:“(a)
In General.—
“(1)
Unlimited letter of authorization.—
Not later than 1 year after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall take such action as may be necessary to allow for the issuance of letters of authorizations to airmen with the authorization for—
“(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)
Requirements.—
An individual who holds a letter of authorization and applies for an authorization described in paragraph (1)(A) or (1)(B)—
“(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)
Rule of Construction.—
Nothing in this section may be construed to disallow an individual from being given both an authorization described in paragraph (1)(A) and an authorization described in paragraph (1)(B).
“(c)
Failure to Comply.—
“(1)
In general.—
If the Administrator fails to implement subsection (a) within the time period prescribed in such subsection, the Administrator shall brief 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] on the status of the implementation of such subsection on a monthly basis until the implementation is complete.
“(2)
No delegation.—
The Administrator may not delegate the briefing described in paragraph (1).”
BasicMed for Examiners Administering Tests or Proficiency Checks
[Pub. L. 118–63, title VIII, § 815], May 16, 2024, [138 Stat. 1328], provided that:“(a)
Equivalent Pilot-in-command Medical Requirements.—
Notwithstanding section 61.23(a)(3)(iv) of title 14, Code of Federal Regulations, an examiner may administer a practical test or proficiency check if such examiner meets the medical qualification requirements under part 68 of title 14, Code of Federal Regulations, if the operation being conducted is in a covered aircraft, as such term is defined in section 2307(j) of the FAA Extension, Safety, and Security Act of 2016 [
[Pub. L. 114–190]] (
49 U.S.C. 44703 note).
“(b)
Rulemaking.—
Not later than 3 years after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall issue a final rule to update part 61 of title 14, Code of Federal Regulations, to implement the requirements under subsection (a), in addition to any related requirements the Administrator finds are in the interest of aviation safety.”
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)
In General.—
The Administrator [of the Federal Aviation Administration] shall establish an office to provide oversight and facilitate national coordination of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations.
“(b)
Responsibilities.—
The office described in subsection (a) shall be responsible for the following:
“(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)
Coordination.—
In carrying out the responsibilities listed in subsection (b), the Administrator shall ensure the office—
“(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)
Report.—
“(1)
In general.—
Not later than 180 days after the date of enactment of this Act [May 16, 2024], and biennially thereafter through fiscal year 2028, 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 that evaluates the use of designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations (or any successor regulation), for testing, including both written and practical tests.
“(2)
Contents.—
The report under paragraph (1) shall include an analysis of—
“(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)
Short Title.—
This section may be cited as the ‘Commercial Balloon Pilot Safety Act of 2018’.
“(b)
In General.—
Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Administrator [of the Federal Aviation Administration] shall revise section 61.3(c) of title 14, Code of Federal Regulations (relating to second-class medical certificates), to apply to an operator of an air balloon to the same extent such regulations apply to a pilot flight crewmember of other aircraft.
“(c)
Air Balloon Defined.—
In this section, the term ‘air balloon’ has the meaning given the term ‘balloon’ in section 1.1 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling).”
Designated Pilot Examiner Reforms
[Pub. L. 115–254, div. B, title III, § 319], Oct. 5, 2018, [132 Stat. 3269], provided that:“(a)
In General.—
The Administrator [of the Federal Aviation Administration] shall assign to the Aviation Rulemaking Advisory Committee (in this section referred to as the ‘Committee’) the task of reviewing all regulations and policies related to designated pilot examiners appointed under section 183.23 of title 14, Code of Federal Regulations. The Committee shall focus on the processes and requirements by which the FAA [Federal Aviation Administration] selects, trains, and deploys individuals as designated pilot examiners, and provide recommendations with respect to the regulatory and policy changes necessary to ensure an adequate number of designated pilot examiners are deployed and available to perform their duties. The Committee also shall make recommendations with respect to the regulatory and policy changes if necessary to allow a designated pilot examiner perform a daily limit of 3 new check rides with no limit for partial check rides and to serve as a designed pilot examiner without regard to any individual managing office.
“(b)
Action Based on Recommendations.—
Not later than 1 year after receiving recommendations under subsection (a), the Administrator shall take such action as the Administrator considers appropriate with respect to those recommendations.”
Public Aircraft Eligible for Logging Flight Times
[Pub. L. 118–63, title VIII, § 826], May 16, 2024, [138 Stat. 1332], provided that:“(a)
Forestry and Fire Protection Flight Time Logging.—
“(1)
In general.—
Notwithstanding any other provision of law, aircraft under the direct operational control of forestry and fire protection agencies are eligible to log pilot flight times, if the flight time was acquired by the pilot while engaged on an official forestry or fire protection flight, in the same manner as aircraft under the direct operational control of a Federal, State, county, or municipal law enforcement agency.
“(2)
Retroactive application.—
Paragraph (1) shall be applied as if enacted on October 5, 2018.
“(b)
Regulations.—
Not later than 180 days after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall make such regulatory changes as are necessary to conform to the requirements of this section.”
[Pub. L. 115–254, div. B, title V, § 517], Oct. 5, 2018, [132 Stat. 3359], provided that: “The Administrator [of the Federal Aviation Administration] shall issue regulations modifying section 61.51(j)(4) of title 14, Code of Federal Regulations, so as to include aircraft under the direct operational control of forestry and fire protection agencies as public aircraft eligible for logging flight times.”
Portability of Repairman Certificates
[Pub. L. 115–254, div. B, title V, § 582], Oct. 5, 2018, [132 Stat. 3399], provided that:“(a)
In General.—
The Administrator [of the Federal Aviation Administration] shall assign to the Aviation Rulemaking Advisory Committee the task of making recommendations with respect to the regulatory and policy changes, as appropriate, to allow a repairman certificate issued under section 65.101 of title 14, Code of Federal Regulations, to be portable from one employing certificate holder to another.
“(b)
Action Based on Recommendations.—
Not later than 1 year after receiving recommendations under subsection (a), the Administrator may take such action as the Administrator considers appropriate with respect to those recommendations.”
Medical Certification of Certain Small Aircraft Pilots
[Pub. L. 114–190, title II, § 2307], July 15, 2016, [130 Stat. 641], as amended by [Pub. L. 118–63, title VIII, § 828(a)], May 16, 2024, [138 Stat. 1336], 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 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;
“(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)
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) (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)
Logbook.—
The completed checklist shall be retained in the individual’s logbook and made available on request.
“(c)
Medical Education Course Requirements.—
The medical education course described in this subsection shall—
“(1)
be available on the Internet free of charge;
“(2)
be developed and periodically updated in coordination with representatives of relevant nonprofit and not-for-profit general aviation stakeholder groups;
“(3)
educate pilots on conducting medical self-assessments;
“(4)
advise pilots on identifying warning signs of potential serious medical conditions;
“(5)
identify risk mitigation strategies for medical conditions;
“(6)
increase awareness of the impacts of potentially impairing over-the-counter and prescription drug medications;
“(7)
encourage regular medical examinations and consultations with primary care physicians;
“(8)
inform pilots of the regulations pertaining to the prohibition on operations during medical deficiency and medically disqualifying conditions;
“(9)
provide the checklist developed by the Federal Aviation Administration in accordance with subsection (b); and
“(10)
upon successful completion of the course, electronically provide to the individual and transmit to the Federal Aviation Administration—
“(A)
a certification of completion of the medical education course, which shall be printed and retained in the individual’s logbook and made available upon request, and shall contain the individual’s name, address, and airman certificate number;
“(B)
subject to subsection (d), a release authorizing the National Driver Register through a designated State Department of Motor Vehicles to furnish to the Federal Aviation Administration information pertaining to the individual’s driving record;
“(C)
a certification by the individual that the individual is under the care and treatment of a physician if the individual has been diagnosed with any medical condition that may impact the ability of the individual to fly, as required under subsection (a)(6);
“(D)
a form that includes—
“(i)
the name, address, telephone number, and airman certificate number of the individual;
“(ii)
the name, address, telephone number, and State medical license number of the physician performing the comprehensive medical examination required in subsection (a)(7);
“(iii)
the date of the comprehensive medical examination required in subsection (a)(7); and
“(iv)
a certification by the individual that the checklist described in subsection (b) was followed and signed by the physician in the comprehensive medical examination required in subsection (a)(7); and
“(E)
a statement, which shall be printed, and signed by the individual certifying that the individual understands the existing prohibition on operations during medical deficiency by stating: ‘I understand that I cannot act as pilot in command, or any other capacity as a required flight crew member, if I know or have reason to know of any medical condition that would make me unable to operate the aircraft in a safe manner.’.
“(d)
National Driver Register.—
The authorization under subsection (c)(10)(B) shall be an authorization for a single access to the information contained in the National Driver Register.
“(e)
Special Issuance Process.—
“(1)
In general.—
An individual who has qualified for the third-class medical certificate exemption under subsection (a) and is seeking to serve as a pilot in command of a covered aircraft shall be required to have completed the process for obtaining an Authorization for Special Issuance of a Medical Certificate for each of the following:
“(A)
A mental health disorder, limited to an established medical history or clinical diagnosis of—
“(i)
personality disorder that is severe enough to have repeatedly manifested itself by overt acts;
“(ii)
psychosis, defined as a case in which an individual—
“(I)
has manifested delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of psychosis; or
“(II)
may reasonably be expected to manifest delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of psychosis;
“(iii)
bipolar disorder; or
“(iv)
substance dependence within the previous 2 years, as defined in section 67.307(a)(4) of title 14, Code of Federal Regulations.
“(B)
A neurological disorder, limited to an established medical history or clinical diagnosis of any of the following:
“(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.
“(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 4 years after the date of enactment of the FAA Reauthorization Act of 2024 [May 16, 2024], the Administrator, in coordination with the National Transportation Safety Board, 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 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 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)
Operations Covered.—
The provisions and requirements covered in this section do not apply to pilots who elect to operate under the medical requirements under subsection (b) or subsection (c) of section 61.23 of title 14, Code of Federal Regulations.
“(l)
Authority To Require Additional Information.—
“(1)
In general.—
If the Administrator receives credible or urgent information, including from the National Driver Register or the Administrator’s Safety Hotline, that reflects on an individual’s ability to safely operate a covered aircraft under the third-class medical certificate exemption in subsection (a), the Administrator may require the individual to provide additional information or history so that the Administrator may determine whether the individual is safe to continue operating a covered aircraft.
“(2)
Use of information.—
The Administrator may use credible or urgent information received under paragraph (1) to request an individual to provide additional information or to take actions under
section 44709(b) of title 49, United States Code.”
[[Pub. L. 118–63, title VIII, § 828(b)], (c), May 16, 2024, [138 Stat. 1336], provided that:
[“(b) Rulemaking.—The Administrator [of the Federal Aviation Administration] shall update regulations in parts 61 and 68 of title 14, Code of Federal Regulations, as necessary, to implement the amendments made by this section [amending [section 2307 of Pub. L. 114–190], set out above].
[“(c) Applicability.—Beginning on the date that is 180 days after the date of enactment of this Act [May 16, 2024], the Administrator shall apply parts 61 and 68, Code of Federal Regulations, in a manner reflecting the amendments made by this section.”]
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)
In General.—
Any proceeding conducted under subpart C, D, or F of part 821 of title 49, Code of Federal Regulations, relating to denial, amendment, modification, suspension, or revocation of an airman certificate, shall be conducted, to the extent practicable, in accordance with the Federal Rules of Civil Procedure [
28 U.S.C. App.] and the Federal Rules of Evidence [
28 U.S.C. App.].
“(b)
Access to Information.—
“(1)
In general.—
Except as provided under paragraph (3), the Administrator of the Federal Aviation Administration (referred to in this section as the ‘Administrator’) shall provide timely, written notification to an individual who is the subject of an investigation relating to the approval, denial, suspension, modification, or revocation of an airman certificate under chapter 447 of title 49, United States Code.
“(2)
Information required.—
The notification required under paragraph (1) shall inform the individual—
“(A)
of the nature of the investigation and the specific activity on which the investigation is based;
“(B)
that an oral or written response to a Letter of Investigation from the Administrator is not required;
“(C)
that no action or adverse inference can be taken against the individual for declining to respond to a Letter of Investigation from the Administrator;
“(D)
that any response to a Letter of Investigation from the Administrator or to an inquiry made by a representative of the Administrator by the individual may be used as evidence against the individual;
“(E)
that the releasable portions of the Administrator’s investigative report will be available to the individual; and
“(F)
that the individual is entitled to access or otherwise obtain air traffic data described in paragraph (4).
“(3)
Exception.—
The Administrator may delay notification under paragraph (1) if the Administrator determines that such notification may threaten the integrity of the investigation.
“(4)
Access to air traffic data.—
“(A)
FAA air traffic data.—
The Administrator shall provide an individual described in paragraph (1) with timely access to any air traffic data in the possession of the Federal Aviation Administration that would facilitate the individual’s ability to productively participate in a proceeding relating to an investigation described in such paragraph.
“(B)
Air traffic data defined.—
As used in subparagraph (A), the term ‘air traffic data’ includes—
“(i)
relevant air traffic communication tapes;
“(iii)
air traffic controller statements;
“(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—
Medical Certification
[Pub. L. 112–153, § 4], Aug. 3, 2012, [126 Stat. 1162], provided that:“(a)
Assessment.—
“(1)
In general.—
Not later than 180 days after the date of the enactment of this Act [Aug. 3, 2012], the Comptroller General of the United States shall initiate an assessment of the Federal Aviation Administration’s medical certification process and the associated medical standards and forms.
“(2)
Report.—
The Comptroller General shall submit a report to Congress based on the assessment required under paragraph (1) that examines—
“(A)
revisions to the medical application form that would provide greater clarity and guidance to applicants;
“(B)
the alignment of medical qualification policies with present-day qualified medical judgment and practices, as applied to an individual’s medically relevant circumstances; and
“(C)
steps that could be taken to promote the public’s understanding of the medical requirements that determine an airman’s medical certificate eligibility.
“(b)
Goals of the Federal Aviation Administration’s Medical Certification Process.—
The goals of the Federal Aviation Administration’s medical certification process are—
“(1)
to provide questions in the medical application form that—
“(A)
are appropriate without being overly broad;
“(B)
are subject to a minimum amount of misinterpretation and mistaken responses;
“(C)
allow for consistent treatment and responses during the medical application process; and
“(D)
avoid unnecessary allegations that an individual has intentionally falsified answers on the form;
“(2)
to provide questions that elicit information that is relevant to making a determination of an individual’s medical qualifications within the standards identified in the Administrator’s regulations;
“(3)
to give medical standards greater meaning by ensuring the information requested aligns with present-day medical judgment and practices; and
“(4)
to ensure that—
“(A)
the application of such medical standards provides an appropriate and fair evaluation of an individual’s qualifications; and
“(B)
the individual understands the basis for determining medical qualifications.
“(c)
Advice From Private Sector Groups.—
The Administrator shall establish a panel, which shall be comprised of representatives of relevant nonprofit and not-for-profit general aviation pilot groups, aviation medical examiners, and other qualified medical experts, to advise the Administrator in carrying out the goals of the assessment required under this section.
“(d)
Federal Aviation Administration Response.—
Not later than 1 year after the issuance of the report by the Comptroller General pursuant to subsection (a)(2), the Administrator shall take appropriate actions to respond to such report.”
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)
In General.—
The Administrator shall provide timely, written notification to an individual subject to a reexamination of an airman certificate issued under chapter 447 of title 49, United States Code.
“(b)
Information Required.—
In providing notification under subsection (a), the Administrator shall inform the individual—
“(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)
Exception.—
Nothing in this section prohibits the Administrator from reexamining a certificate holder if the Administrator has reasonable grounds—
“(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)
Standard of Review.—
An order issued by the Administrator to amend, modify, suspend, or revoke an airman certificate after reexamination of the airman is subject to the standard of review provided for under section 2 of this Act [[Pub. L. 112–153], set out as a note above].”
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.”