Senate Procedure Delays PBOR 2 Vote

The Pilots Bill of Rights 2 (PBOR 2) received a minor setback November 18 when a Senate procedure was used to put off a vote on the bill in the Senate Commerce Committee. The procedure was used after debate came up about some aspects of a measure in the bill, S.571, to ease third-class medical requirements.

The committee had begun consideration of the bill and approved a general amendment offered by Sen. Joe Manchin (D-W.Va.) that served as the foundation of PBOR 2. The committee also voted along party lines against two amendments offered by the ranking Democrat on the committee, Sen. Bill Nelson (D-Fla.). One of the amendments called for medical reviews by a pilot’s personal physician according to a mandatory checklist and a second that involved FAA medical examiner liability.

But before the committee could vote to pass the full bill, Nelson asked if the committee had quorum, which means 13 members must be present to take action. Enough members had either left the committee or did not make the session in the first place, a quorum was absent, effectively preventing the vote during that time.

The Senate had taken up consideration of PBOR 2, as the number of cosponsors had grown to 68 and gained backing of a number of the committee members.

Senate Commerce Committee chairman John Thune (R-S.D.) noted that the bill had attracted an “impressive total” of co-sponsors, “including all of the members on my side of the committee.” He also noted, however, concerns that remain on the bill, including those from Nelson, who originally filed nearly two-dozen amendments to the bill.

Nelson supported some aspects of the third-class medical reform, but called the PBOR 2 a “very flawed piece of legislation” and expressed frustration that his attempts to introduced modifications to the bill have been rebuffed so far. However, he had decided to narrow down the number of amendments he would offer to four. After the first two failed, Nelson decided against offering the next two.

Thune had noted that he hoped to “continue to work toward consensus on these issues so the reforms can ultimately be included in the FAA reauthorization bill the Committee will produce early next year.”

Aviation groups were encouraged that some progress was made, particularly on the acceptance of the Manchin amendment. The amendment had represented a compromise that had been worked out with the chief backer of the bill, Sen. Jim Inhofe (R-Okla.).

The associations also believe the disagreements aired during the consideration could be worked out. “We are pleased that this vital legislation is still moving ahead, and we look forward to a full committee vote soon,” said AOPA president Mark Baker.

AOPA and 16 other aviation organizations had written the committee members earlier this week urging passage of the bill, saying, “Third-class medical reform remains a pivotal issue for general aviation and its future.”