H. Rept. 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 PURPOSES113th Congress (2013-2014)
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113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-343
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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.
