Statement of Nicholas A. Sabatini, Associate
Administrator for Aviation Safety
Before the Committee on Transportation and
Infrastructure, Subcommittee on Aviation, on FAA's Oversight of Falsified
Airman Medical Certification Applications
Chairman Costello, Congressman Petri, and Members of the
Subcommittee, I am pleased to appear before you today to discuss the Federal
Aviation Administration’s oversight of the Airman Medical Certification
application process. Let me assure you at the outset that the FAA takes this
matter seriously, and we are very concerned about any falsification of
information in our nation’s aviation system. Let me also say that the vast
majority of our nation’s pilots are honest, dedicated, and have contributed
significantly to our current unprecedented safety record. We support and are
in the process of implementing the recommendations of the Inspector General on
falsified airman medical applications, as I will discuss. We are also taking
other proactive steps regarding this issue, which I will also discuss.
As you are aware, the Department of Transportation’s
Inspector General issued a report in 2005 describing the results of an
investigation conducted jointly with the Social Security Administration’s
Inspector General, the United States Attorney’s office for Northern
California, and the FAA’s Office of Aerospace Medicine, Western-Pacific
Region, into the falsification of applications for FAA airman medical
certificates. The investigation was known as “Operation Safe Pilot.” I will
not spend time discussing the details of the IG’s findings, for they are
already well known to you; however, I will discuss the IG’s recommendations,
and the FAA’s response to those recommendations.
The Inspector General recommended that FAA work with the
Social Security Administration (SSA) and other disability benefits providers,
to develop and implement a strategy to conduct checks of applicants for airman
medical certificates with the databases of SSA and other disability providers,
and take appropriate enforcement actions where falsifications are found. The
IG also recommended that FAA consider revising our Application for Airman
Medical Certificate to require applicants to explicitly identify whether they
are receiving medical disability benefits from any provider. I am pleased to
inform you that the FAA is moving forward to implement both of the IG’s
recommendations.
FAA is working to develop a program, in cooperation with
the Office of the Inspector General for the Social Security Administration (SSA),
to cross-check randomly selected applicants for FAA airman medical
certificates with the SSA disability database to determine if any applicants
are receiving disability benefits from SSA. We hope to start by cross-checking
applicants to the SSA database, because to receive SSA disability benefits, an
individual must be totally disabled. Thus, virtually any applicant who is
receiving SSA disability benefits will necessarily have a condition that would
disqualify the applicant from holding an airman medical certificate from the
FAA. We are still in discussions with the Social Security Administration, with
the goal of signing a Memorandum of Understanding regarding the use of their
database, and exactly what information the SSA will be able to divulge without
violating privacy rules. Before we consider expanding the cross-checking of
applicants to disability databases other than the Social Security
Administration, we have to consider the potential resources required to
conduct investigations and make medical determinations regarding an
applicant’s disability and whether that condition disqualifies the applicant
from holding an airman medical certificate.
In order to proceed with cross-checking applicants for
airman medical certificates against the SSA disability database, or any other
database, FAA must first revise the system of records notice for FAA’s
“Aviation Records on Individuals” to permit disclosure of the records through
a routine use. This will require publishing a notice of the revised system of
records in the Federal Register, and a period for public comments, before the
records may be disclosed, and FAA can begin any cross-checking. This process
may take six to twelve months to complete. However, we will immediately begin
efforts to implement the IG’s second recommendation, the addition of a
question to the airman medical certificate application regarding disability
benefits. The FAA will take appropriate administrative actions to change the
application form to include the new question. Once that is completed, the new
application form can be printed and distributed to Aviation Medical Examiners
(AME) nationwide.
We are proposing to change the Airman Medical
Certificate application to add a question specifically asking if the applicant
is receiving any disability benefits. While this additional question appears
straightforward, the investigative work will begin after a positive response
to the question. Once an applicant indicates that he or she is receiving
disability benefits, FAA must then investigate to determine the disability
benefits provider, the condition for which the applicant is receiving
disability benefits, and the extent of the applicant’s disability. Social
Security disability benefits, as I’ve already stated, are based on 100 percent
disability, and would, presumably, disqualify the applicant from holding an
airman medical certificate in virtually all cases. However, the Department of
Veterans Affairs (VA) disability benefits, for example, cover a wide range of
gradation from minor disabilities to total disability, and many conditions
that would qualify for VA benefits would not necessarily disqualify the
applicant from holding an airman medical certificate.
FAA is also being proactive in other areas regarding
falsification of data on airman medical certificate applications. The FAA’s
Civil Aerospace Medical Institute (CAMI) has now developed an integrated
Scientific Information System (SIS) that will provide a continuous monitoring
of all airman medical certification records compared to aviation accidents or
incidents and post-mortem toxicology reports. The FAA will therefore have the
capability of continuously monitoring any aircraft accident and assessing any
discrepancy between the pre-mortem certification and post-mortem findings.
This includes prescription and non-prescription medications and medical
abnormalities that could affect the ability to safely perform duties permitted
by the airman certificate, which are related to National Transportation Safety
Board causal accident factors.
In 2006, the FAA’s Office of Aerospace Medicine
initiated a routine process analysis study to evaluate and improve the
efficiency of airman medical certification within the FAA. The Aviation
Medical Examiner (AME) Airman Certification Quality Assurance study evaluated
the accuracy of AMEs in determining the suitability of airman medical
certification.
The review of 2000 records, randomly selected from
320,000 examinations, determined that 2.5 percent of records contained medical
issues that should have resulted in the AME not issuing a certificate.
However, further review indicated that most of these cases could have been
issued if additional information was provided. In addition, 1.8 percent of the
cases were submitted without enough information to determine if the airman
should have been issued a certificate. Again, it was determined that most of
these cases could have been issued if all information had been submitted.
Each of these proactive measures will assist the FAA in
monitoring this issue. We are committed to expanding our efforts to review
medical certificates and pursue appropriate enforcement actions when
falsifications are discovered. Let me conclude, Mr. Chairman, by stating that
the FAA’s first priority always has been, and always will be, safety. Safety
is our agency’s mission, and we have dedicated our careers to promoting
safety. It is a responsibility we do not take lightly.
This concludes my statement, and I will be happy to
answer any questions the Committee may have.
