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Union Calendar No. 253 

113TH CONGRESS 

2D SESSION H. R. 3578 

[Report No. 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. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2013 

Mr. LOBIONDO (for himself, Mr. LARSEN of Washington, Mr. BUCSHON, Mr. 

GRAVES of Missouri, Mr. LIPINSKI, and Mr. MEEHAN) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

FEBRUARY 6, 2014 

Additional sponsors: Mr. HUDSON, Mr. YOUNG of Alaska, Mr. BARROW of 

Georgia, Mr. ROKITA, Mr. RIBBLE, Mr. FARENTHOLD, Mr. RODNEY

DAVIS of Illinois, Mr. RENACCI, Mr. HANNA, Mr. FLORES, Mrs. 

HARTZLER, Mr. PETRI, Mr. POMPEO, Mr. GERLACH, Mr. LONG, Mr. 

LOWENTHAL, Mr. DENT, Mr. WESTMORELAND, Mr. COLLINS of New 

York, Mr. PETERSON, Mr. MARCHANT, Mr. GRIFFIN of Arkansas, Mr. 

HUELSKAMP, Mr. MEADOWS, Mr. WOMACK, Mr. NUGENT, Mr. LUETKEMEYER, Mr. STIVERS, Mr. SMITH of Texas, Mr. ROSKAM, Mr. COBLE, 

Mrs. CAPITO, Ms. JENKINS, Mr. AUSTIN SCOTT of Georgia, and Mr. 

JOHNSON of Ohio 

FEBRUARY 6, 2014 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 


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•HR 3578 RH

A BILL 

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. 


emcdonald on DSK67QTVN1PROD with BILLS
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•HR 3578 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MEDICAL CERTIFICATION REQUIREMENTS FOR 

4 AIRMEN AND AIR TRAFFIC CONTROLLERS 

5 RELATING TO SLEEP DISORDERS. 

6 (a) IN GENERAL.—The Secretary of Transportation 

7 may implement or enforce a requirement providing for the 

8 screening, testing, or treatment (including consideration 

9 of all possible treatment alternatives) of an airman or an 

10 air traffic controller for a sleep disorder only if the re11 quirement is adopted pursuant to a rulemaking pro12 ceeding. 

13 (b) APPLICABILITY.—Subsection (a) shall not apply 

14 to a requirement that was in force before November 1, 

15 2013. 

16 (c) DEFINITIONS.—In this section, the following defi17 nitions apply: 

18 (1) AIRMAN.—The term ‘‘airman’’ has the 

19 meaning given that term in section 40102(a) of title 

20 49, United States Code. 

21 (2) AIR TRAFFIC CONTROLLER.—The term ‘‘air 

22 traffic controller’’ means a civilian employee of the 

23 Department of Transportation described in section 

24 2109 of title 5, United States Code. 


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•HR 3578 RH

1 (3) SLEEP DISORDER.—The term ‘‘sleep dis2 order’’ includes obstructive sleep apnea. 

3 SECTION 1. MEDICAL CERTIFICATION REQUIREMENTS FOR 

4 AIRMEN AND AIR TRAFFIC CONTROLLERS RE5 LATING TO SLEEP DISORDERS. 

6 (a) IN GENERAL.—The Secretary of Transportation 

7 may, consistent with accepted medical standards and prac8 tices, implement or enforce a requirement providing for the 

9 screening, testing, or treatment (including consideration of 

10 all possible treatment alternatives) of an airman or an air 

11 traffic controller for a sleep disorder— 

12 (1) in the case of an airman, only if the require13 ment is adopted pursuant to a rulemaking pro14 ceeding; and 

15 (2) in the case of an air traffic controller, only 

16 if the Federal Aviation Administration meets its obli17 gations pursuant to chapter 71 of title 5, United 

18 States Code. 

19 (b) APPLICABILITY.—Subsection (a) shall not apply to 

20 a requirement that was in force before November 1, 2013. 

21 (c) DEFINITIONS.—In this section, the following defi22 nitions apply: 

23 (1) AIRMAN.—The term ‘‘airman’’ has the mean24 ing given that term in section 40102(a) of title 49, 

25 United States Code. 


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1 (2) AIR TRAFFIC CONTROLLER.—The term ‘‘air 

2 traffic controller’’ means a civilian employee of the 

3 Department of Transportation described in section 

4 2109 of title 5, United States Code. 

5 (3) SLEEP DISORDER.—The term ‘‘sleep dis6 order’’ 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.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 253 

113TH CONGRESS 

2D SESSION H. R. 3578 

[Report No. 113–343] 

A BILL 

To ensure that any new or revised requirement proproceeding, and for other purposes. disorder is adopted pursuant to a rulemaking an airman or an air traffic controller for a sleep viding for the screening, testing, or treatment of 

FEBRUARY 6, 2014 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Mar 15 2010 22:10 Feb 06, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\H3578.RH H3578

emcdonald on DSK67QTVN1PROD with BILLS