
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 715]
[Document affected by Public Law 107-71 Section 129]
[Document affected by Public Law 107-71 Section 138(b)]
[Document affected by Public Law 107-71 Section 140(a)]
[Document affected by Public Law 106-424 Section 14]
[CITE: 49USC44703]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                     CHAPTER 447--SAFETY REGULATION
 
Sec. 44703. Airman certificates

    (a) General.--The Administrator of the Federal Aviation 
Administration shall issue an airman certificate to an individual when 
the Administrator finds, after investigation, that the individual is 
qualified for, and physically able to perform the duties related to, the 
position to be authorized by the certificate.
    (b) Contents.--(1) An airman certificate shall--
        (A) be numbered and recorded by the Administrator of the Federal 
    Aviation Administration;
        (B) contain the name, address, and description of the individual 
    to whom the certificate is issued;
        (C) contain terms the Administrator decides are necessary to 
    ensure safety in air commerce, including terms on the duration of 
    the certificate, periodic or special examinations, and tests of 
    physical fitness;
        (D) specify the capacity in which the holder of the certificate 
    may serve as an airman with respect to an aircraft; and
        (E) designate the class the certificate covers.

    (2) A certificate issued to a pilot serving in scheduled air 
transportation shall have the designation ``airline transport pilot'' of 
the appropriate class.
    (c) Appeals.--(1) An individual whose application for the issuance 
or renewal of an airman certificate has been denied may appeal the 
denial to the National Transportation Safety Board, except if the 
individual holds a certificate that--
        (A) is suspended at the time of denial; or
        (B) was revoked within one year from the date of the denial.

    (2) The Board shall conduct a hearing on the appeal at a place 
convenient to the place of residence or employment of the applicant. The 
Board is not bound by findings of fact of the Administrator of the 
Federal Aviation Administration 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. At the end of the hearing, the Board 
shall decide whether the individual meets the applicable regulations and 
standards. The Administrator is bound by that decision.
    (d) Restrictions and Prohibitions.--The Administrator of the Federal 
Aviation Administration may--
        (1) restrict or prohibit issuing an airman certificate to an 
    alien; or
        (2) make issuing the certificate to an alien dependent on a 
    reciprocal agreement with the government of a foreign country.

    (e) Controlled Substance Violations.--The Administrator of the 
Federal Aviation Administration may not issue an airman certificate to 
an individual whose certificate is revoked under section 44710 of this 
title except--
        (1) when the Administrator decides that issuing the certificate 
    will facilitate law enforcement efforts; and
        (2) as provided in section 44710(e)(2) of this title.

    (f) Modifications in System.--(1) The Administrator of the Federal 
Aviation Administration shall make modifications in the system for 
issuing airman certificates necessary to make the system more effective 
in serving the needs of pilots and officials responsible for enforcing 
laws related to the regulation of controlled substances (as defined in 
section 102 of the Comprehensive Drug Abuse Prevention and Control Act 
of 1970 (21 U.S.C. 802)). The modifications shall ensure positive and 
verifiable identification of each individual applying for or holding a 
certificate and shall address at least each of the following 
deficiencies in, and abuses of, the existing system:
        (A) the use of fictitious names and addresses by applicants for 
    those certificates.
        (B) the use of stolen or fraudulent identification in applying 
    for those certificates.
        (C) the use by an applicant of a post office box or ``mail 
    drop'' as a return address to evade identification of the 
    applicant's address.
        (D) the use of counterfeit and stolen airman certificates by 
    pilots.
        (E) the absence of information about physical characteristics of 
    holders of those certificates.

    (2) The Administrator of the Federal Aviation Administration shall 
prescribe regulations to carry out paragraph (1) of this subsection and 
provide a written explanation of how the regulations address each of the 
deficiencies and abuses described in paragraph (1). In prescribing the 
regulations, the Administrator of the Federal Aviation Administration 
shall consult with the Administrator of Drug Enforcement, the 
Commissioner of Customs, other law enforcement officials of the United 
States Government, representatives of State and local law enforcement 
officials, representatives of the general aviation aircraft industry, 
representatives of users of general aviation aircraft, and other 
interested persons.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1186.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
44703(a)..............................  49 App.:1422(b)(1) (1st          Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         sentence, 2d sentence words      602(b
)(1), 72 Stat. 776; Oct. 19,
                                         before 6th comma).               1984,
 Pub. L. 98-499, Sec.  3, 98
                                                                          Stat.
 2313; Aug. 26, 1992, Pub. L. 102-
                                                                          345, 
Sec.  4, 106 Stat. 926.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
44703(b)..............................  49 App.:1422(a) (11th-last       Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         words).                          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. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  602(b)(2)(A), (B); added
                                                                          Oct. 
19, 1984, Pub. L. 98-499, Sec.
                                                                          3, 98
 Stat. 2313; restated Nov. 18,
                                                                          1988,
 Pub. L. 100-690, Sec.  7204(a),
                                                                          102 S
tat. 4425.
44703(f)(1)...........................  49 App.:1422(d).                 Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  602(d); added Nov. 18,
                                                                          1988,
 Pub. L. 100-690, Sec.  7205(a),
                                                                          102 S
tat. 4426.
44703(f)(2)...........................  49 App.:1401 (note).             Nov. 1
8, 1988, Pub. L. 100-690, Sec.
                                                                          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.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 1133, 44701, 44709, 
44710, 44711, 44724, 45302, 46310, 47531 of this title.
