H. Rept. 113-343 - 113th Congress (2013-2014)

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House Report 113-343 - TO ENSURE THAT ANY NEW OR REVISED REQUIREMENT PROVIDING FOR THE SCREENING, TESTING, OR TREATMENT OF AN AIRMAN OR AN AIR TRAFFIC CONTROLLER FOR A SLEEP DISORDER IS ADOPTED PURSUANT TO A RULEMAKING PROCEEDING, AND FOR OTHER PURPOSES

[House Report 113-343]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-343

======================================================================

 
    TO ENSURE THAT ANY NEW OR REVISED REQUIREMENT PROVIDING FOR THE 
    SCREENING, TESTING, OR TREATMENT OF AN AIRMAN OR AN AIR TRAFFIC 
  CONTROLLER FOR A SLEEP DISORDER IS ADOPTED PURSUANT TO A RULEMAKING 
                   PROCEEDING, AND FOR OTHER PURPOSES

                                _______
                                

February 6, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3578]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3578) to ensure that any new or 
revised requirement providing for the screening, testing, or 
treatment of an airman or an air traffic controller for a sleep 
disorder is adopted pursuant to a rulemaking proceeding, and 
for other purposes, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Legislative History and Consideration............................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Advisory of Earmarks.............................................     5
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     5
Federal Mandate Statement........................................     5
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     5
Applicability of Legislative Branch..............................     5
Section-by-Section Analysis of Legislation.......................     6
Changes in Existing Law Made by the Bill, As Reported............     6

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. MEDICAL CERTIFICATION REQUIREMENTS FOR AIRMEN AND AIR 
                    TRAFFIC CONTROLLERS RELATING TO SLEEP DISORDERS.

  (a) In General.--The Secretary of Transportation may, consistent with 
accepted medical standards and practices, implement or enforce a 
requirement providing for the screening, testing, or treatment 
(including consideration of all possible treatment alternatives) of an 
airman or an air traffic controller for a sleep disorder--
          (1) in the case of an airman, only if the requirement is 
        adopted pursuant to a rulemaking proceeding; and
          (2) in the case of an air traffic controller, only if the 
        Federal Aviation Administration meets its obligations pursuant 
        to chapter 71 of title 5, United States Code.
  (b) Applicability.--Subsection (a) shall not apply to a requirement 
that was in force before November 1, 2013.
  (c) Definitions.--In this section, the following definitions apply:
          (1) Airman.--The term ``airman'' has the meaning given that 
        term in section 40102(a) of title 49, United States Code.
          (2) Air traffic controller.--The term ``air traffic 
        controller'' means a civilian employee of the Department of 
        Transportation described in section 2109 of title 5, United 
        States Code.
          (3) Sleep disorder.--The term ``sleep disorder'' includes 
        obstructive sleep apnea.

    Amend the title so as to read:
    A bill to establish requirements for the adoption of any 
new or revised requirement providing for the screening, 
testing, or treatment of an airman or an air traffic controller 
for a sleep disorder, and for other purposes.

                         PURPOSE OF LEGISLATION

    H.R. 3578 ensures that the Federal Aviation Administration 
(FAA) will use a transparent and thorough process if the agency 
proposes new medical certification requirements for sleep 
disorders.

                  BACKGROUND AND NEED FOR LEGISLATION

    In November 2013, the FAA announced a change to its medical 
certification policy, which was originally scheduled to be 
implemented in January 2014. Currently, pilots and air traffic 
controllers must be medically certified by the FAA before they 
can operate an aircraft or control and separate air traffic. 
The type of activity and other factors, such as age, determine 
the type or class of medical certificate that is required and 
how frequently it must be re-issued.
    Pilots that are diagnosed with certain medical conditions, 
or pilots that are otherwise impaired or unfit to fly for any 
number of reasons, are legally prohibited from exercising the 
privileges of their certificate. In the case of a disqualifying 
medical condition, such as obstructive sleep apnea (OSA), a 
pilot is immediately and permanently ``grounded'' and must seek 
and obtain a ``Special Issuance'' medical certificate from the 
FAA before they can resume exercising the privileges of their 
certificate. Ultimately, after a thorough review process, the 
FAA is responsible for determining whether or not to issue a 
Special Issuance medical certificate to pilots with OSA or 
other disqualifying medical conditions. Air traffic controllers 
are bound by similar requirements.
    The FAA's new policy does not change the medical standards 
related to OSA, but it does change the approach to diagnosing 
OSA. The new policy requires all pilots with a body mass index 
(BMI) of 40 or more to receive additional medical screening and 
be evaluated by a physician who is a board certified sleep 
specialist before they can be medically certificated. In 
addition, the FAA has announced its intention to eventually 
apply this new standard to air traffic controllers and pilots 
with a lower BMI. Because this proposal is a significant change 
in the FAA's medical policy, it is important for the FAA to use 
a transparent, inclusive process to evaluate the costs and 
benefits, consider the views of affected stakeholders, and 
review alternative approaches to the proposal.
    H.R. 3578 allows the Secretary of Transportation to 
implement and enforce new sleep disorder requirements providing 
for the screening, testing, or treatment of pilots and air 
traffic controllers only if (1) in the case of a pilot, the 
requirement is adopted pursuant to a rulemaking proceeding, and 
(2) in the case of an air traffic controller, the FAA meets its 
obligations pursuant to chapter 71 of title 5, United States 
Code. H.R. 3578 does not prohibit the FAA from implementing new 
sleep disorder requirements; it simply requires the agency to 
use an open, inclusive process. Further, H.R. 3578 is specific 
to sleep disorders and does not apply to any other medical 
condition.

                                HEARINGS

    No hearings were held on H.R. 3578.

                 LEGISLATIVE HISTORY AND CONSIDERATION

    On November 21, 2013, Representative Frank A. LoBiondo 
introduced H.R. 3578, along with original cosponsors 
Representatives Rick Larsen, Larry Bucshon, Daniel Lipinski, 
Sam Graves, and Patrick Meehan.
    On December 4, 2013, the Committee on Transportation and 
Infrastructure met in open session and ordered the bill 
reported favorably to the House by voice vote with a quorum 
present. An amendment in the nature of a substitute was offered 
in committee by Mr. LoBiondo. The amendment was a technical 
amendment to clarify the process the FAA must use when 
proposing new sleep disorder requirements for pilots and air 
traffic controllers. The amendment was adopted by voice vote 
with a quorum present.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no record votes taken in connection 
with consideration of H.R. 3578 or ordering the measure 
reported. A motion to order H.R. 3578 reported favorably to the 
House was agreed to by voice vote with a quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in the report.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    With respect to the requirement of clause 3(c)(3) of rule 
XII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 3578 from the 
Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 10, 2013.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3578, a bill to 
establish requirements for the adoption of any new or revised 
requirement providing for the screening, testing, or treatment 
of an airman or an air traffic controller for a sleep disorder, 
and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3578--A bill to establish requirements for the adoption of any new 
        or revised requirement providing for the screening, testing, or 
        treatment of an airman or an air traffic controller for a sleep 
        disorder, and for other purposes

    H.R. 3578 would require the Secretary of Transportation to 
follow formal rulemaking procedures when establishing new 
requirements for certain types of medical tests for pilots and 
air traffic controllers. CBO estimates that enacting H.R. 3578 
would have no significant impact on the federal budget.
    Based on information from the Federal Aviation 
Administration, CBO estimates that any federal spending to 
pursue required rulemakings under the bill would not exceed 
$500,000 in any given year or over five years. Such spending 
would be subject to the availability of appropriated funds. 
Enacting H.R. 3578 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 3578 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    PERFORMANCE GOALS AND OBJECTIVES

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to ensure 
the FAA uses a transparent process if the agency proposes new 
medical certification requirements for sleep disorders.

                          ADVISORY OF EARMARKS

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013), 
the Committee finds that no provision of H.R. 3578 establishes 
or reauthorizes a program of the federal government known to be 
duplicative of another federal program, a program that was 
included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most 
recent Catalog of Federal Domestic Assistance.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013), 
the Committee estimates that enacting H.R. 3578 could result in 
the completion of a rule making pertaining to the medical 
certification of sleep disorders within the meaning of section 
551 of title 5, United States Code.

                       FEDERAL MANDATE STATEMENT

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 3578 does not 
preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                  APPLICABILITY OF LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

               SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Section 1. Medical certification requirements for airmen and air 
        traffic controllers relating to sleep disorders

    Subsection (a) authorizes the Secretary of Transportation 
to implement or enforce a requirement providing for the 
screening, testing, or treatment of an airman or air traffic 
controller for a sleep disorder if in the case of an airman, 
the requirement is adopted pursuant to a rulemaking proceeding; 
and in the case of an air traffic controller, if the FAA meets 
its obligations pursuant to chapter 71 of title 5, United 
States Code.
    Subsection (b) ensures that medical certification 
requirements for pilots and air traffic controllers with sleep 
disorders enacted before November 1, 2013, are not impacted.
    Subsection (c) defines the terms ``airman'', ``air traffic 
controller'', and ``sleep disorder''.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 3578 makes no changes in existing law.