Engrossed in Senate

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3258 Engrossed in Senate (ES)]

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119th CONGRESS
  2d Session
                                S. 3258

_______________________________________________________________________

                                 AN ACT


 
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.

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

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.

            Passed the Senate September 24, 2026.

            Attest:

                                                             Secretary.
119th CONGRESS

  2d Session

                                S. 3258

_______________________________________________________________________

                                 AN ACT

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.