U.S. Code-2011-title 49-subtitleVII-partA-subpartiii-chap447-sec44703 Airman Certificates

§ 44703

TITLE 49—TRANSPORTATION

action’’ are substituted for ‘‘otherwise, such action
shall be affirmed’’, for clarity. The text of 49
App.:1355(b) (proviso) is omitted as unnecessary because
of 5:559 (last sentence).
AMENDMENTS
2003—Subsec. (a). Pub. L. 108–176 inserted ‘‘design organization certificates,’’ after ‘‘airman certificates,’’ in
introductory provisions.
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–176, title II, § 227(a), Dec. 12, 2003, 117 Stat.
2531, provided that the amendment made by section
227(a) is effective on the last day of the 7-year period
beginning on Dec. 12, 2003.
DEVELOPMENT OF ANALYTICAL TOOLS AND
CERTIFICATION METHODS
Pub. L. 108–176, title VII, § 706, Dec. 12, 2003, 117 Stat.
2582, provided that: ‘‘The Federal Aviation Administration shall conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs for the
certification of new products.’’

§ 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) PUBLIC INFORMATION.—
(1) IN GENERAL.—Subject to paragraph (2)
and notwithstanding any other provision of
law, the information contained in the records
of contents of any airman certificate issued
under this section that is limited to an airman’s name, address, and ratings held shall be
made available to the public after the 120th
day following the date of the enactment of the
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century.
(2) OPPORTUNITY TO WITHHOLD INFORMATION.—
Before making any information concerning an
airman available to the public under paragraph (1), the airman shall be given an opportunity to elect that the information not be
made available to the public.
(3) DEVELOPMENT AND IMPLEMENTATION OF
PROGRAM.—Not later than 60 days after the

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date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the
21st Century, the Administrator shall develop
and implement, in cooperation with representatives of the aviation industry, a one-time
written notification to airmen to set forth the
implications of making information concerning an airman available to the public under
paragraph (1) and to carry out paragraph (2).
The Administrator shall also provide such
written notification to each individual who becomes an airman after such date of enactment.
(d) 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.
(e) 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.
(f) 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.
(g) 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
airmen 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)) and related to combating
acts of terrorism. 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:

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(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.
(3) For purposes of this section, the term ‘‘acts
of terrorism’’ means an activity that involves a
violent act or an act dangerous to human life
that is a violation of the criminal laws of the
United States or of any State, or that would be
a criminal violation if committed within the jurisdiction of the United States or of any State,
and appears to be intended to intimidate or coerce a civilian population to influence the policy
of a government by intimidation or coercion or
to affect the conduct of a government by assassination or kidnaping.
(4) The Administrator is authorized and directed to work with State and local authorities,
and other Federal agencies, to assist in the identification of individuals applying for or holding
airmen certificates.
(h) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.—
(1) IN GENERAL.—Subject to paragraph (14),
before allowing an individual to begin service
as a pilot, an air carrier shall request and receive the following information:
(A) FAA RECORDS.—From the Administrator of the Federal Aviation Administration, records pertaining to the individual
that are maintained by the Administrator
concerning—
(i) current airman certificates (including
airman medical certificates) and associated type ratings, including any limitations to those certificates and ratings; and
(ii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under
this title that was not subsequently overturned.
(B) AIR CARRIER AND OTHER RECORDS.—
From any air carrier or other person (except
a branch of the United States Armed Forces,
the National Guard, or a reserve component

§ 44703

of the United States Armed Forces) that has
employed the individual as a pilot of a civil
or public aircraft at any time during the 5year period preceding the date of the employment application of the individual, or
from the trustee in bankruptcy for such air
carrier or person—
(i) records pertaining to the individual
that are maintained by an air carrier
(other than records relating to flight time,
duty time, or rest time) under regulations
set forth in—
(I) section 121.683 of title 14, Code of
Federal Regulations;
(II) paragraph (A) of section VI, appendix I, part 121 of such title;
(III) paragraph (A) of section IV, appendix J, part 121 of such title;
(IV) section 125.401 of such title; and
(V) section 135.63(a)(4) of such title;
and
(ii) other records pertaining to the individual’s performance as a pilot that are
maintained by the air carrier or person
concerning—
(I) the training, qualifications, proficiency, or professional competence of
the individual, including comments and
evaluations made by a check airman designated in accordance with section
121.411, 125.295, or 135.337 of such title;
(II) any disciplinary action taken with
respect to the individual that was not
subsequently overturned; and
(III) any release from employment or
resignation, termination, or disqualification with respect to employment.
(C) NATIONAL DRIVER REGISTER RECORDS.—
In accordance with section 30305(b)(8) of this
title, from the chief driver licensing official
of a State, information concerning the
motor vehicle driving record of the individual.
(2) WRITTEN CONSENT; RELEASE FROM LIABILITY.—An air carrier making a request for
records under paragraph (1)—
(A) shall be required to obtain written consent to the release of those records from the
individual that is the subject of the records
requested; and
(B) may, notwithstanding any other provision of law or agreement to the contrary, require the individual who is the subject of the
records to request to execute a release from
liability for any claim arising from the furnishing of such records to or the use of such
records by such air carrier (other than a
claim arising from furnishing information
known to be false and maintained in violation of a criminal statute).
(3) 5-YEAR REPORTING PERIOD.—A person shall
not furnish a record in response to a request
made under paragraph (1) if the record was entered more than 5 years before the date of the
request, unless the information concerns a
revocation or suspension of an airman certificate or motor vehicle license that is in effect
on the date of the request.
(4) REQUIREMENT TO MAINTAIN RECORDS.—The
Administrator and air carriers shall maintain

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pilot records described in paragraphs (1)(A)
and (1)(B) for a period of at least 5 years.
(5) RECEIPT OF CONSENT; PROVISION OF INFORMATION.—A person shall not furnish a record in
response to a request made under paragraph
(1) without first obtaining a copy of the written consent of the individual who is the subject of the records requested; except that, for
purposes of paragraph (15), the Administrator
may allow an individual designated by the Administrator to accept and maintain written
consent on behalf of the Administrator for
records requested under paragraph (1)(A). A
person who receives a request for records
under this subsection shall furnish a copy of
all of such requested records maintained by
the person not later than 30 days after receiving the request.
(6) RIGHT TO RECEIVE NOTICE AND COPY OF ANY
RECORD FURNISHED.—A person who receives a
request for records under paragraph (1) shall
provide to the individual who is the subject of
the records—
(A) on or before the 20th day following the
date of receipt of the request, written notice
of the request and of the individual’s right
to receive a copy of such records; and
(B) in accordance with paragraph (10), a
copy of such records, if requested by the individual.
(7) REASONABLE CHARGES FOR PROCESSING REQUESTS AND FURNISHING COPIES.—A person who
receives a request under paragraph (1) or (6)
may establish a reasonable charge for the cost
of processing the request and furnishing copies
of the requested records.
(8) STANDARD FORMS.—The Administrator
shall promulgate—
(A) standard forms that may be used by an
air carrier to request records under paragraph (1); and
(B) standard forms that may be used by an
air carrier to—
(i) obtain the written consent of the individual who is the subject of a request
under paragraph (1); and
(ii) inform the individual of—
(I) the request; and
(II) the individual right of that individual to receive a copy of any records furnished in response to the request.
(9) RIGHT TO CORRECT INACCURACIES.—An air
carrier that maintains or requests and receives the records of an individual under paragraph (1) shall provide the individual with a
reasonable opportunity to submit written
comments to correct any inaccuracies contained in the records before making a final
hiring decision with respect to the individual.
(10) RIGHT OF PILOT TO REVIEW CERTAIN
RECORDS.—Notwithstanding any other provision of law or agreement, an air carrier shall,
upon written request from a pilot who is or
has been employed by such carrier, make
available, within a reasonable time, but not
later than 30 days after the date of the request, to the pilot for review, any and all employment records referred to in paragraph
(1)(B)(i) or (ii) pertaining to the employment
of the pilot.

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(11) PRIVACY PROTECTIONS.—An air carrier
that receives the records of an individual
under paragraph (1) may use such records only
to assess the qualifications of the individual in
deciding whether or not to hire the individual
as a pilot. The air carrier shall take such actions as may be necessary to protect the privacy of the pilot and the confidentiality of the
records, including ensuring that information
contained in the records is not divulged to any
individual that is not directly involved in the
hiring decision.
(12) PERIODIC REVIEW.—Not later than 18
months after the date of the enactment of the
Pilot Records Improvement Act of 1996, and at
least once every 3 years thereafter, the Administrator shall transmit to Congress a
statement that contains, taking into account
recent developments in the aviation industry—
(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air
carrier records, and other records required
to be furnished under subparagraphs (A) and
(B) of paragraph (1); or
(B) reasons why the Administrator does
not recommend any proposed changes to the
records referred to in subparagraph (A).
(13) REGULATIONS.—The Administrator shall
prescribe such regulations as may be necessary—
(A) to protect—
(i) the personal privacy of any individual
whose records are requested under paragraph (1) and disseminated under paragraph (15); and
(ii) the confidentiality of those records;
(B) to preclude the further dissemination
of records received under paragraph (1) by
the person who requested those records; and
(C) to ensure prompt compliance with any
request made under paragraph (1).
(14) SPECIAL RULES WITH RESPECT TO CERTAIN
PILOTS.—
(A) PILOTS OF CERTAIN SMALL AIRCRAFT.—
Notwithstanding paragraph (1), an air carrier, before receiving information requested
about an individual under paragraph (1),
may allow the individual to begin service for
a period not to exceed 90 days as a pilot of
an aircraft with a maximum payload capacity (as defined in section 119.3 of title 14,
Code of Federal Regulations) of 7,500 pounds
or less, or a helicopter, on a flight that is
not a scheduled operation (as defined in such
section). Before the end of the 90-day period,
the air carrier shall obtain and evaluate
such information. The contract between the
carrier and the individual shall contain a
term that provides that the continuation of
the individual’s employment, after the last
day of the 90-day period, depends on a satisfactory evaluation.
(B) GOOD FAITH EXCEPTION.—Notwithstanding paragraph (1), an air carrier, without obtaining information about an individual
under paragraph (1)(B) from an air carrier or
other person that no longer exists or from a
foreign government or entity that employed

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the individual, may allow the individual to
begin service as a pilot if the air carrier required to request the information has made
a documented good faith attempt to obtain
such information.
(15) ELECTRONIC ACCESS TO FAA RECORDS.—
For the purpose of increasing timely and efficient access to Federal Aviation Administration records described in paragraph (1), the
Administrator may allow, under terms established by the Administrator, an individual designated by the air carrier to have electronic
access to a specified database containing information about such records. The terms shall
limit such access to instances in which information in the database is required by the designated individual in making a hiring decision
concerning a pilot applicant and shall require
that the designated individual provide assurances satisfactory to the Administrator that
information obtained using such access will
not be used for any purpose other than making
the hiring decision.
(16) APPLICABILITY.—This subsection shall
cease to be effective on the date specified in
regulations issued under subsection (i).
(i) FAA PILOT RECORDS DATABASE.—
(1) IN GENERAL.—Before allowing an individual to begin service as a pilot, an air carrier
shall access and evaluate, in accordance with
the requirements of this subsection, information pertaining to the individual from the
pilot records database established under paragraph (2).
(2) PILOT RECORDS DATABASE.—The Administrator shall establish an electronic database
(in this subsection referred to as the ‘‘database’’) containing the following records:
(A) FAA RECORDS.—From the Administrator—
(i) records that are maintained by the
Administrator concerning current airman
certificates, including airman medical certificates and associated type ratings and
information on any limitations to those
certificates and ratings;
(ii) records that are maintained by the
Administrator concerning any failed attempt of an individual to pass a practical
test required to obtain a certificate or
type rating under part 61 of title 14, Code
of Federal Regulations; and
(iii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under
this title that was not subsequently overturned.
(B) AIR CARRIER AND OTHER RECORDS.—
From any air carrier or other person (except
a branch of the Armed Forces, the National
Guard, or a reserve component of the Armed
Forces) that has employed an individual as a
pilot of a civil or public aircraft, or from the
trustee in bankruptcy for the air carrier or
person—
(i) records pertaining to the individual
that are maintained by the air carrier
(other than records relating to flight time,
duty time, or rest time) or person, including records under regulations set forth in—

§ 44703

(I) section 121.683 of title 14, Code of
Federal Regulations;
(II) section 121.111(a) of such title;
(III) section 121.219(a) of such title;
(IV) section 125.401 of such title; and
(V) section 135.63(a)(4) of such title;
and
(ii) other records pertaining to the individual’s performance as a pilot that are
maintained by the air carrier or person
concerning—
(I) the training, qualifications, proficiency, or professional competence of
the individual, including comments and
evaluations made by a check airman designated in accordance with section
121.411, 125.295, or 135.337 of such title;
(II) any disciplinary action taken with
respect to the individual that was not
subsequently overturned; and
(III) any release from employment or
resignation, termination, or disqualification with respect to employment.
(C) NATIONAL DRIVER REGISTER RECORDS.—
In accordance with section 30305(b)(8) of this
title, from the chief driver licensing official
of a State, information concerning the
motor vehicle driving record of the individual.
(3) WRITTEN CONSENT; RELEASE FROM LIABILITY.—An air carrier—
(A) shall obtain the written consent of an
individual before accessing records pertaining to the individual under paragraph (1);
and
(B) may, notwithstanding any other provision of law or agreement to the contrary, require an individual with respect to whom the
carrier is accessing records under paragraph
(1) to execute a release from liability for any
claim arising from accessing the records or
the use of such records by the air carrier in
accordance with this section (other than a
claim arising from furnishing information
known to be false and maintained in violation of a criminal statute).
(4) REPORTING.—
(A) REPORTING BY ADMINISTRATOR.—The
Administrator shall enter data described in
paragraph (2)(A) into the database promptly
to ensure that an individual’s records are
current.
(B) REPORTING BY AIR CARRIERS AND OTHER
PERSONS.—
(i) IN GENERAL.—Air carriers and other
persons shall report data described in
paragraphs (2)(B) and (2)(C) to the Administrator promptly for entry into the database.
(ii) DATA TO BE REPORTED.—Air carriers
and other persons shall report, at a minimum, under clause (i) the following data
described in paragraph (2)(B):
(I) Records that are generated by the
air carrier or other person after the date
of enactment of this paragraph.
(II) Records that the air carrier or
other person is maintaining, on such
date of enactment, pursuant to subsection (h)(4).

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(5) REQUIREMENT TO MAINTAIN RECORDS.—The
Administrator—
(A) shall maintain all records entered into
the database under paragraph (2) pertaining
to an individual until the date of receipt of
notification that the individual is deceased;
and
(B) may remove the individual’s records
from the database after that date.
(6) RECEIPT OF CONSENT.—The Administrator
shall not permit an air carrier to access
records pertaining to an individual from the
database under paragraph (1) without the air
carrier first demonstrating to the satisfaction
of the Administrator that the air carrier has
obtained the written consent of the individual.
(7) RIGHT OF PILOT TO REVIEW CERTAIN
RECORDS AND CORRECT INACCURACIES.—Notwithstanding any other provision of law or agreement, the Administrator, upon receipt of written request from an individual—
(A) shall make available, not later than 30
days after the date of the request, to the individual for review all records referred to in
paragraph (2) pertaining to the individual;
and
(B) shall provide the individual with a reasonable opportunity to submit written comments to correct any inaccuracies contained
in the records.
(8) REASONABLE CHARGES FOR PROCESSING REQUESTS AND FURNISHING COPIES.—
(A) IN GENERAL.—The Administrator may
establish a reasonable charge for the cost of
processing a request under paragraph (1) or
(7) and for the cost of furnishing copies of requested records under paragraph (7).
(B) CREDITING APPROPRIATIONS.—Funds received by the Administrator pursuant to this
paragraph shall—
(i) be credited to the appropriation current when the amount is received;
(ii) be merged with and available for the
purposes of such appropriation; and
(iii) remain available until expended.
(9) PRIVACY PROTECTIONS.—
(A) USE OF RECORDS.—An air carrier that
accesses records pertaining to an individual
under paragraph (1) may use the records
only to assess the qualifications of the individual in deciding whether or not to hire the
individual as a pilot. The air carrier shall
take such actions as may be necessary to
protect the privacy of the individual and the
confidentiality of the records accessed, including ensuring that information contained
in the records is not divulged to any individual that is not directly involved in the hiring decision.
(B) DISCLOSURE OF INFORMATION.—
(i) IN GENERAL.—Except as provided by
clause (ii), information collected by the
Administrator under paragraph (2) shall be
exempt from the disclosure requirements
of section 552 of title 5.
(ii) EXCEPTIONS.—Clause (i) shall not
apply to—
(I) deidentified, summarized information to explain the need for changes in
policies and regulations;

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(II) information to correct a condition
that compromises safety;
(III) information to carry out a criminal investigation or prosecution;
(IV) information to comply with section 44905, regarding information about
threats to civil aviation; and
(V) such information as the Administrator determines necessary, if withholding the information would not be consistent with the safety responsibilities of
the Federal Aviation Administration.
(10) PERIODIC REVIEW.—Not later than 18
months after the date of enactment of this
paragraph, and at least once every 3 years
thereafter, the Administrator shall transmit
to Congress a statement that contains, taking
into account recent developments in the aviation industry—
(A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air
carrier records, and other records required
to be included in the database under paragraph (2); or
(B) reasons why the Administrator does
not recommend any proposed changes to the
records referred to in subparagraph (A).
(11) REGULATIONS FOR PROTECTION AND SECUOF RECORDS.—The Administrator shall
prescribe such regulations as may be necessary—
(A) to protect and secure—
(i) the personal privacy of any individual
whose records are accessed under paragraph (1); and
(ii) the confidentiality of those records;
and

RITY

(B) to preclude the further dissemination
of records received under paragraph (1) by
the person who accessed the records.
(12) GOOD FAITH EXCEPTION.—Notwithstanding paragraph (1), an air carrier may allow an
individual to begin service as a pilot, without
first obtaining information described in paragraph (2)(B) from the database pertaining to
the individual, if—
(A) the air carrier has made a documented
good faith attempt to access the information
from the database; and
(B) the air carrier has received written notice from the Administrator that the information is not contained in the database because the individual was employed by an air
carrier or other person that no longer exists
or by a foreign government or other entity
that has not provided the information to the
database.
(13) LIMITATIONS ON ELECTRONIC ACCESS TO
RECORDS.—
(A) ACCESS BY INDIVIDUALS DESIGNATED BY
AIR CARRIERS.—For the purpose of increasing
timely and efficient access to records described in paragraph (2), the Administrator
may allow, under terms established by the
Administrator, an individual designated by
an air carrier to have electronic access to
the database.
(B) TERMS.—The terms established by the
Administrator under subparagraph (A) for

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allowing a designated individual to have
electronic access to the database shall limit
such access to instances in which information in the database is required by the designated individual in making a hiring decision concerning a pilot applicant and shall
require that the designated individual provide assurances satisfactory to the Administrator that—
(i) the designated individual has received
the written consent of the pilot applicant
to access the information; and
(ii) information obtained using such access will not be used for any purpose other
than making the hiring decision.
(14) AUTHORIZED EXPENDITURES.—Of amounts
appropriated under section 106(k)(1), a total of
$6,000,000 for fiscal years 2010 through 2013 may
be used to carry out this subsection.
(15) REGULATIONS.—
(A) IN GENERAL.—The Administrator shall
issue regulations to carry out this subsection.
(B) EFFECTIVE DATE.—The regulations
shall specify the date on which the requirements of this subsection take effect and the
date on which the requirements of subsection (h) cease to be effective.
(C) EXCEPTIONS.—Notwithstanding subparagraph (B)—
(i) the Administrator shall begin to establish the database under paragraph (2)
not later than 90 days after the date of enactment of this paragraph;
(ii) the Administrator shall maintain
records in accordance with paragraph (5)
beginning on the date of enactment of this
paragraph; and
(iii) air carriers and other persons shall
maintain records to be reported to the
database under paragraph (4)(B) in the period beginning on such date of enactment
and ending on the date that is 5 years after
the requirements of subsection (h) cease to
be effective pursuant to subparagraph (B).
(16) SPECIAL RULE.—During the one-year period beginning on the date on which the requirements of this section become effective
pursuant to paragraph (15)(B), paragraph (7)(A)
shall be applied by substituting ‘‘45 days’’ for
‘‘30 days’’.
(j) LIMITATIONS ON LIABILITY; PREEMPTION OF
STATE LAW.—
(1) LIMITATION ON LIABILITY.—No action or
proceeding may be brought by or on behalf of
an individual who has applied for or is seeking
a position with an air carrier as a pilot and
who has signed a release from liability, as provided for under subsection (h)(2) or (i)(3),
against—
(A) the air carrier requesting the records
of that individual under subsection (h)(1) or
accessing the records of that individual
under subsection (i)(1);
(B) a person who has complied with such
request;
(C) a person who has entered information
contained in the individual’s records; or
(D) an agent or employee of a person described in subparagraph (A) or (B);

in the nature of an action for defamation, invasion of privacy, negligence, interference
with contract, or otherwise, or under any Federal or State law with respect to the furnishing or use of such records in accordance with
subsection (h) or (i).
(2) PREEMPTION.—No State or political subdivision thereof may enact, prescribe, issue,
continue in effect, or enforce any law (including any regulation, standard, or other provision having the force and effect of law) that
prohibits, penalizes, or imposes liability for
furnishing or using records in accordance with
subsection (h) or (i).
(3) PROVISION OF KNOWINGLY FALSE INFORMATION.—Paragraphs (1) and (2) shall not apply
with respect to a person who furnishes information in response to a request made under
subsection (h)(1) or who furnished information
to the database established under subsection
(i)(2), that—
(A) the person knows is false; and
(B) was maintained in violation of a criminal statute of the United States.
(4) PROHIBITION ON ACTIONS AND PROCEEDINGS
AGAINST AIR CARRIERS.—
(A) HIRING DECISIONS.—An air carrier may
refuse to hire an individual as a pilot if the
individual did not provide written consent
for the air carrier to receive records under
subsection (h)(2)(A) or (i)(3)(A) or did not
execute the release from liability requested
under subsection (h)(2)(B) or (i)(3)(B).
(B) ACTIONS AND PROCEEDINGS.—No action
or proceeding may be brought against an air
carrier by or on behalf of an individual who
has applied for or is seeking a position as a
pilot with the air carrier if the air carrier
refused to hire the individual after the individual did not provide written consent for
the air carrier to receive records under subsection (h)(2)(A) or (i)(3)(A) or did not execute a release from liability requested under
subsection (h)(2)(B) or (i)(3)(B).
(k) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in subsection (h) or (i) shall be construed as precluding the availability of the
records of a pilot in an investigation or other
proceeding concerning an accident or incident
conducted by the Administrator, the National
Transportation Safety Board, or a court.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1186;
Pub. L. 106–181, title VII, § 715, Apr. 5, 2000, 114
Stat. 162; Pub. L. 107–71, title I, §§ 129, 138(b),
140(a), Nov. 19, 2001, 115 Stat. 633, 640, 641; Pub. L.
111–216, title II, § 203, Aug. 1, 2010, 124 Stat. 2352;
Pub. L. 111–249, § 6(3), (4), Sept. 30, 2010, 124 Stat.
2629.)
HISTORICAL AND REVISION NOTES
Revised
Section
44703(a) ......

Source (U.S. Code)

Source (Statutes at Large)

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.
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.

49 App.:1655(c)(1).

§ 44703

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
44703(b) ......

44703(c)(1) ..
44703(c)(2) ..

44703(d) ......

44703(e) ......

Source (U.S. Code)
49 App.:1422(a)
(11th–last words).
49 App.:1422(b)(1) (2d
sentence words
after 6th comma),
(c).
49 App.:1655(c)(1).
49 App.:1422(b)(1) (3d
sentence).
49 App.:1422(b)(1)
(4th, 5th sentences, last sentence words before
proviso).
49 App.:1655(c)(1).
49 App.:1422(b)(1)
(last sentence proviso).
49 App.:1655(c)(1).
49 App.:1422(b)(2)(A),
(B).

44703(f)(1) ...

49 App.:1422(d).

44703(f)(2) ...

49 App.:1401 (note).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
§ 602(a) (9th–last words),
(c), 72 Stat. 776.

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.
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.
Nov. 18, 1988, Pub. L.
100–690, § 7207(a) (1st sentence), (b), 102 Stat. 4427.

Page 914

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

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

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.

Page 915

TITLE 49—TRANSPORTATION

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.
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.
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.
IMPROVED PILOT LICENSES
Pub. L. 108–458, title IV, § 4022, Dec. 17, 2004, 118 Stat.
3723, provided that:
‘‘(a) IN GENERAL.—Not later than one year after the
date of enactment of this Act [Dec. 17, 2004], the Administrator of the Federal Aviation Administration
shall begin to issue improved pilot licenses consistent
with the requirements of title 49, United States Code,
and title 14, Code of Federal Regulations.
‘‘(b) REQUIREMENTS.—Improved pilots licenses issued
under subsection (a) shall—
‘‘(1) be resistant to tampering, alteration, and
counterfeiting;
‘‘(2) include a photograph of the individual to whom
the license is issued; and
‘‘(3) be capable of accommodating a digital photograph, a biometric identifier, or any other unique
identifier that the Administrator considers necessary.
‘‘(c) TAMPERING.—To the extent practical, the Administrator shall develop methods to determine or reveal
whether any component or security feature of a license
issued under subsection (a) has been tampered, altered,
or counterfeited.
‘‘(d) USE OF DESIGNEES.—The Administrator may use
designees to carry out subsection (a) to the extent feasible in order to minimize the burdens on pilots.’’
CREDITING OF LAW ENFORCEMENT FLIGHT 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.’’

§ 44704. Type certificates, production certificates,
airworthiness certificates, and design organization certificates
(a) TYPE CERTIFICATES.—

§ 44704

(1) ISSUANCE, INVESTIGATIONS, AND TESTS.—
The Administrator of the Federal Aviation
Administration shall issue a type certificate
for an aircraft, aircraft engine, or propeller, or
for an appliance specified under paragraph
(2)(A) of this subsection when the Administrator finds that the aircraft, aircraft engine,
propeller, or appliance is properly designed
and manufactured, performs properly, and
meets the regulations and minimum standards
prescribed under section 44701(a) of this title.
On receiving an application for a type certificate, the Administrator shall investigate the
application and may conduct a hearing. The
Administrator shall make, or require the applicant to make, tests the Administrator considers necessary in the interest of safety.
(2)
SPECIFICATIONS.—The
Administrator
may—
(A) specify in regulations those appliances
that reasonably require a type certificate in
the interest of safety;
(B) include in a type certificate terms required in the interest of safety; and
(C) record on the certificate a numerical
specification of the essential factors related
to the performance of the aircraft, aircraft
engine, or propeller for which the certificate
is issued.
(3) SPECIAL RULES FOR NEW AIRCRAFT AND APPLIANCES.—Except as provided in paragraph
(4), if the holder of a type certificate agrees to
permit another person to use the certificate to
manufacture a new aircraft, aircraft engine,
propeller, or appliance, the holder shall provide the other person with written evidence, in
a form acceptable to the Administrator, of
that agreement. Such other person may manufacture a new aircraft, aircraft engine, propeller, or appliance based on a type certificate
only if such other person is the holder of the
type certificate or has permission from the
holder.
(4) LIMITATION FOR AIRCRAFT MANUFACTURED
BEFORE AUGUST 5, 2004.—Paragraph (3) shall not
apply to a person who began the manufacture
of an aircraft before August 5, 2004, and who
demonstrates to the satisfaction of the Administrator that such manufacture began before August 5, 2004, if the name of the holder
of the type certificate for the aircraft does not
appear on the airworthiness certificate or
identification plate of the aircraft. The holder
of the type certificate for the aircraft shall
not be responsible for the continued airworthiness of the aircraft. A person may invoke the
exception provided by this paragraph with regard to the manufacture of only one aircraft.
(b) SUPPLEMENTAL TYPE CERTIFICATES.—
(1) ISSUANCE.—The Administrator may issue
a type certificate designated as a supplemental type certificate for a change to an aircraft, aircraft engine, propeller, or appliance.
(2) CONTENTS.—A supplemental type certificate issued under paragraph (1) shall consist of
the change to the aircraft, aircraft engine,
propeller, or appliance with respect to the previously issued type certificate for the aircraft,
aircraft engine, propeller, or appliance.
(3) REQUIREMENT.—If the holder of a supplemental type certificate agrees to permit an-