[Congressional Record Volume 172, Number 152 (Thursday, September 24, 2026)]
[Senate]
[Pages S5019-S5020]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AVIATION MEDICATION TRANSPARENCY ACT OF 2026
Mr. HUSTED. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 559, S. 3258.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3258) to require the Administrator of the
Federal Aviation Administration to publish the list of
medications that the Administrator has compiled for purposes
of the medical certification of airmen and air traffic
control specialists, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation with an amendment to strike all after the enacting
clause and insert the part printed in italic, as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Medication
Transparency Act of 2026''.
SEC. 2. AVIATION MEDICATION TRANSPARENCY; LIST OF APPROVED
MEDICATIONS.
(a) Purpose.--The purpose of this Act is to ensure that
aviation stakeholders, including airmen, air traffic control
specialists, and individuals training to become airmen or air
traffic control specialists, who are applicants for medical
certification or medical clearance, are informed, in a user-
friendly and accessible manner, of--
(1) the medications on the ``Do Not Issue'' or ``Do Not
Fly'' lists;
(2) the medications they may safely purchase over-the-
counter or be prescribed; and
(3) under what conditions the medications described in
paragraph (2) may be safely used in the aviation environment,
consistent with the information provided in the Guide for
Aviation Medical Examiners (including any update to such
Guide), which is updated monthly, or successor documents
issued by the Federal Air Surgeon.
(b) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration (in this section referred to as the
``Administrator'') shall publish and maintain on a publicly
available website of the Federal Aviation Administration (in
this section referred to as the ``FAA'') a list of
medications that the Administrator, as of the date of
publication, has--
(1) determined may be safely prescribed to or purchased
over-the-counter by an applicant for medical certification or
medical clearance to treat medical conditions; and
(2) approved for purposes of the issuance of a medical
certification or medical clearance to--
(A) an airman who requires a medical certificate or a
medical clearance; or
(B) an air traffic control specialist who requires medical
clearance.
(c) Requirements.--To ensure information transparency,
user-friendliness, and appropriate dissemination, the list
required under subsection (b) shall--
(1) incorporate, prior to dissemination, consultation
with--
(A) the Aeromedical Innovation and Modernization Working
Group (established under section 411(a) of the FAA
Reauthorization Act of 2024 (49 U.S.C. 44703 note)) (in this
section referred to as the ``Working Group'');
(B) organizations representing collective bargaining
representatives of airline pilots;
(C) the certified exclusive bargaining representatives of
air traffic controllers of the FAA certified under section
7111 of title 5, United States Code;
(D) institutions of higher education that are accredited by
the Aviation Accreditation Board International;
(E) professional pilot flight training schools certified
under part 141 of title 14, Code of Federal Regulations;
(F) the Civil Aviation Medical Association;
(G) organizations representing general aviation operators
and pilots; and
(H) any other stakeholder determined relevant by the
Administrator;
(2) regarding treatment of medical conditions that may
impact the performance of duties or the exercise of
privileges of an airman certificate, include--
(A) medications allowed by the Administrator, including
prescription medications and over-the-counter medications;
(B) contra-indications associated with the medications
described in subparagraph (A); and
(C) whether such medications may require review by the FAA;
(3) be drafted in a user-friendly and accessible manner
and, in addition to being made publicly available pursuant to
subsection (b), made available on MedXPress for airmen, air
traffic control specialists, and individuals training to
become airmen or air traffic control specialists at the time
when any such individual first seeks a medical certification
or medical clearance;
(4) if practicable, indicate the minimum period of time an
airman, air traffic control specialist, or individual
training to become an airman or air traffic control
specialist is required to have limited or no duties to
stabilize on a medication allowed by the Administrator;
(5) include the list of medications that the Administrator
has designated as ``Do Not Issue'' or ``Do Not Fly'';
(6) include information for doctors or medical providers to
contact the FAA regarding questions related to the list
published under subsection (b), including through a new or
existing mechanism that is accessible to such doctors and
medical providers; and
(7) include any other information or clarification that the
Administrator determines appropriate.
(d) List Update.--Not later than 1 year after the date of
publication of the list required under subsection (b), and
when relevant information in the Guide for Aviation Medical
Examiners (or any successor document) or other relevant FAA
medical certification policy is updated, the Administrator
shall update such list, as appropriate.
(e) Savings Clause.--The publication of the list described
in subsection (b) shall not be construed as assigning
liability to the Administrator for any situation in which an
airman, air traffic control specialist, or applicant relies
on such list in deciding whether to use a medication on the
list and--
(1) experiences an adverse medical reaction from the use of
such medication;
(2) causes harm or injury to persons or property after
using such medication; or
(3) is deemed by an aviation medical examiner or the FAA to
be ineligible for a medical certification or medical
clearance.
Mr. HUSTED. Madam President, I ask unanimous consent that the
committee-reported substitute amendment be agreed to; that the bill, as
amended, be considered read a third time and passed; and that the
motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment, in the nature of a substitute, was
agreed to.
The bill (S. 3258), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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