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49 U.S.C. § 44710 — Revocations of airman certificates for controlled substance violations

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44710 — Revocations of airman certificates for controlled substance violations

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Stable record: federal_law:legal_authorities:record_usc_a8e69286971d5d474ac26307
Source file: Laws/federal/codes/united-states-code/title-49/section-44710-revocations-of-airman-certificates-for-controlled-substance-violations--95a2c24afa.md
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Source location: Title 49, Chapter 447, § 44710; chapter-447-safety-regulation.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim)). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44703&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44703&num=0&edition=prelim) 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. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section46110&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44703&num=0&edition=prelim); 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.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 46110 — Judicial review

**(a) Filing and Venue.—** Except for an order related to a foreign air carrier subject to disapproval by the President under section 41307 or 41509(f) of this title, a person disclosing a substantial interest in an order issued by the Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by the Administrator of the Transportation Security Administration or the Administrator of the Federal Aviation Administration with respect to aviation duties and powers designated to be carried out by the Administrator of the Federal Aviation Administration) in whole or in part under this part, part B, or subsection (l) or (r) of section 114 may apply for review of the order by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business. The petition must be filed not later than 60 days after the order is issued. The court may allow the petition to be filed after the 60th day only if there are reasonable grounds for not filing by the 60th day. **(b) Judicial Procedures.—** When a petition is filed under subsection (a) of this section, the clerk of the court immediately shall send a copy of the petition to the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate. The Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration shall file with the court a record of any proceeding in which the order was issued, as provided in [section 2112 of title

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 46110

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44703

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 802 — Definitions

As used in this subchapter: (1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction. (2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by— (A) a practitioner (or, in his presence, by his authorized agent), or (B) the patient or research subject at the direction and in the presence of the practitioner, whether such application be by injection, inhalation, ingestion, or any other means. (3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business. (4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice. (5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise. (6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986. (7) The term “counterfeit substance” means a controlled substance which, or the container or labelin

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 9101 — Access to criminal history records for national security and other purposes

**(a)** As used in this section: (1) The term “criminal justice agency” means (A) any Federal, State, or local court, and (B) any Federal, State, or local agency, or any subunit thereof, which performs the administration of criminal justice pursuant to a statute or Executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. (2) The term “criminal history record information” means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, sentencing, correction supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system. The term includes those records of a State or locality sealed pursuant to law if such records are accessible by State and local criminal justice agencies for the purpose of conducting background checks. (3) The term “classified information” means information or material designated pursuant to the provisions of a statute or Executive order as requiring protection against unauthorized disclosure for reasons of national security. (4) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (5) The term “local” and “locality” means any local government authority or agency or component thereof within a State having jurisdiction over matters at a county, municipal, or

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 9101

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 802 — Definitions

Page 782 TITLE 21—FOOD AND DRUGS § 801a ing it into counterfeit opioid pills. Because fentanyl is lethal in even miniscule doses, this is an extremely deadly tactic, as it too often causes users to ingest a fatal amount unknowingly. SEC. 2. Agency Action. The Secretary of Health and Human Services shall, consistent with section 319 of the Public Health Service Act, 42 U.S.C. 247d, consider declaring that the drug demand and opioid crisis de- scribed in section 1 of this memorandum constitutes a Public Health Emergency. Additionally, the heads of executive departments and agencies, as appropriate and consistent with law, shall exercise all appropriate emergency authorities, as well as other relevant au- thorities, to reduce the number of deaths and minimize the devastation the drug demand and opioid crisis in- flicts upon American communities. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Health and Human Services is hereby authorized and directed to publish this memo- randum in the Federal Register. DONALD J. TRUMP. § 801a

Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 802

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44710 — Revocations of airman certificates for

Page 1344 TITLE 49—TRANSPORTATION § 44710 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 49 App.:1431(e) (words before 4th comma). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 611(e); added July 21, 1968, Pub. L. 90–411, § 1, 82 Stat. 395; re- stated Oct. 27, 1972, Pub. L. 92–574, § 7(b), 86 Stat. 1241. 49 App.:1655(c)(1). 44709(c) ...... 49 App.:1429(a) (3d sentence). 49 App.:1431(e) (words between 4th and 5th com- mas). 49 App.:1655(c)(1). 44709(d)(1) .. 49 App.:1429(a) (4th sentence). 49 App.:1431(e) (words after 4th comma). 44709(d)(2) .. 49 App.:1429(a) (6th sentence). 44709(d)(3) .. 49 App.:1429(a) (5th sentence). 49 App.:1655(c)(1). 44709(e) ...... 49 App.:1429(a) (7th sentence). 49 App.:1655(c)(1). 44709(f) ....... 49 App.:1429(a) (8th–last sen- tences less Ad- ministrator under subch. VII). 49 App.:1655(c)(1). In this section, the word ‘‘Administrator’’ in section 609(a) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 779) is retained on authority of 49:106(g). The words ‘‘modifying’’, ‘‘modify’’, and ‘‘modified’’ are omitted as surplus. In subsection (a), the words ‘‘airman holding a cer- tificate issued under section 44703 of this title’’ are sub- stituted for ‘‘civil airman’’ for clarity. In subsection (b)(1), before subclause (A), the words ‘‘certificate issued under this chapter’’ are substituted for ‘‘type certificate, production certificate, airworthi- ness certificate, airman certificate, air carrier oper- ating certificate, air navigation facility certificate (in- cluding airport operating certificate), or air agency certificate’’ to eliminate unnecessary words. In subsection (b)(2), the words ‘‘in his discretion’’ and ‘‘regarding th

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 44710

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