
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC44710]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                     CHAPTER 447--SAFETY REGULATION
 
Sec. 44710. Revocations of airman certificates for controlled 
        substance violations
        
    (a) Definition.--In this section, ``controlled substance'' has the 
same meaning given that term in section 102 of the Comprehensive Drug 
Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
    (b) Revocation.--(1) The Administrator of the Federal Aviation 
Administration shall issue an order revoking an airman certificate 
issued an individual under section 44703 of this title after the 
individual is convicted, under a law of the United States or a State 
related to a controlled substance (except a law related to simple 
possession of a controlled substance), of an offense punishable by death 
or imprisonment for more than one year if the Administrator finds that--
        (A) an aircraft was used to commit, or facilitate the commission 
    of, the offense; and
        (B) the individual served as an airman, or was on the aircraft, 
    in connection with committing, or facilitating the commission of, 
    the offense.

    (2) The Administrator shall issue an order revoking an airman 
certificate issued an individual under section 44703 of this title if 
the Administrator finds that--
        (A) the individual knowingly carried out an activity punishable, 
    under a law of the United States or a State related to a controlled 
    substance (except a law related to simple possession of a controlled 
    substance), by death or imprisonment for more than one year;
        (B) an aircraft was used to carry out or facilitate the 
    activity; and
        (C) the individual served as an airman, or was on the aircraft, 
    in connection with carrying out, or facilitating the carrying out 
    of, the activity.

    (3) The Administrator has no authority under paragraph (1) of this 
subsection to review whether an airman violated a law of the United 
States or a State related to a controlled substance.
    (c) Advice to Holders and Opportunity To Answer.--Before the 
Administrator revokes a certificate under subsection (b) of this 
section, the Administrator must--
        (1) advise the holder of the certificate of the charges or 
    reasons on which the Administrator relies for the proposed 
    revocation; and
        (2) provide the holder of the certificate an opportunity to 
    answer the charges and be heard why the certificate should not be 
    revoked.

    (d) Appeals.--(1) An individual whose certificate is revoked by the 
Administrator under subsection (b) of this section may appeal the 
revocation order to the National Transportation Safety Board. The Board 
shall affirm or reverse the order after providing notice and an 
opportunity for a hearing on the record. When conducting the hearing, 
the Board is not bound by findings of fact of the Administrator but 
shall be bound by all validly adopted interpretations of laws and 
regulations the Administrator carries out and of written agency policy 
guidance available to the public related to sanctions to be imposed 
under this section unless the Board finds an interpretation is 
arbitrary, capricious, or otherwise not according to law.
    (2) When an individual files an appeal with the Board under this 
subsection, the order of the Administrator revoking the certificate is 
stayed. However, if the Administrator advises the Board that safety in 
air transportation or air commerce requires the immediate effectiveness 
of the order--
        (A) the order remains effective; and
        (B) the Board shall make a final disposition of the appeal not 
    later than 60 days after the Administrator so advises the Board.

    (3) An individual substantially affected by an order of the Board 
under this subsection, or the Administrator when the Administrator 
decides that an order of the Board will have a significant adverse 
effect on carrying out this part, may obtain judicial review of the 
order under section 46110 of this title. The Administrator shall be made 
a party to the judicial review proceedings. Findings of fact of the 
Board are conclusive if supported by substantial evidence.
    (e) Acquittal.--(1) The Administrator may not revoke, and the Board 
may not affirm a revocation of, an airman certificate under subsection 
(b)(2) of this section on the basis of an activity described in 
subsection (b)(2)(A) if the holder of the certificate is acquitted of 
all charges related to a controlled substance in an indictment or 
information arising from the activity.
    (2) If the Administrator has revoked an airman certificate under 
this section because of an activity described in subsection (b)(2)(A) of 
this section, the Administrator shall reissue a certificate to the 
individual if--
        (A) the individual otherwise satisfies the requirements for a 
    certificate under section 44703 of this title; and
        (B)(i) the individual subsequently is acquitted of all charges 
    related to a controlled substance in an indictment or information 
    arising from the activity; or
        (ii) the conviction on which a revocation under subsection 
    (b)(1) of this section is based is reversed.

    (f) Waivers.--The Administrator may waive the requirement of 
subsection (b) of this section that an airman certificate of an 
individual be revoked if--
        (1) a law enforcement official of the United States Government 
    or of a State requests a waiver; and
        (2) the Administrator decides that the waiver will facilitate 
    law enforcement efforts.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1191.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
44710(a)..............................  49 App.:1429(c)(4).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  609(c)(1), (2), (4); added
                                                                          Oct. 
19, 1984, Pub. L. 98-499, Sec.
                                                                          2(a),
 98 Stat. 2312, 2313.
44710(b)(1)...........................  49 App.:1429(c)(1) (1st
                                         sentence).
44710(b)(2)...........................  49 App.:1429(c)(2) (1st
                                         sentence).
44710(b)(3)...........................  49 App.:1429(c)(1) (last
                                         sentence).
44710(c)..............................  49 App.:1429(c)(3) (1st          Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         sentence).                       731, 
Sec.  609(c)(3); added Oct. 19,
                                                                          1984,
 Pub. L. 98-499, Sec.  2(a), 98
                                                                          Stat.
 2312; Aug. 26, 1992, Pub. L. 102-
                                                                          345, 
Sec.  3(b), 106 Stat. 926.
44710(d)..............................  49 App.:1429(c)(3) (2d-last
                                         sentences).
44710(e)(1)...........................  49 App.:1429(c)(2) (last
                                         sentence).
44710(e)(2)...........................  49 App.:1422(b)(2)(C).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  602(b)(2)(C); added Oct.
                                                                          19, 1
984, Pub. L. 98-499, Sec.  3, 98
                                                                          Stat.
 2313.
44710(f)..............................  49 App.:1429(c)(5).              Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  609(c)(5); added Nov. 18,
                                                                          1988,
 Pub. L. 100-690, Sec.  7204(b),
                                                                          102 S
tat. 4425.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b)(1) and (2), before each clause (A), the words ``of 
any person'' are omitted as surplus. The words ``issued . . . under 
section 44703 of this title'' are added for clarity.
    In subsection (b)(1), the word ``offense'' is substituted for 
``crime'' for consistency in the revised title and with other titles of 
the United States Code.
    In subsection (b)(2)(C), the words ``in connection with carrying 
out, or facilitating the carrying out of, the activity'' are substituted 
for ``in connection with such activity or the facilitation of such 
activity'' for consistency with the source provisions restated in 
paragraph (1)(B) of this subsection.
    In subsection (d)(1), the word ``Administrator'' is substituted for 
``Federal Aviation Administration'' because of 49:106(b) and (g).
    In subsection (e)(1), the words ``on appeal'' and ``contained'' are 
omitted as surplus.
    In subsection (e)(2)(B)(i), the word ``contained'' is omitted as 
surplus.
    In subsection (e)(2)(B)(ii), the words ``judgment of'' are omitted 
as surplus.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 1133, 44701, 44703, 
44711, 45302, 46310, 47531 of this title.
