39–006 

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: 


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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 reissued. 

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 evaluVerDate Mar 15 2010 02:58 Feb 08, 2014 Jkt 039006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR343.XXX HR343

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ated 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. 


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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. 


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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 


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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. 

Æ 


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