H.R. 4343
12-11-07, Bill Passed House 396-0
12-12-07, Senate Passed Bill by Unanimous Consent
12-13-07, Became Public Law 110-135
One Hundred Tenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
To amend title 49, United States Code, to modify age standards
for pilots engaged in commercial aviation operations.
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 `Fair Treatment for Experienced Pilots Act'.
SEC. 2. AGE STANDARDS FOR PILOTS.
(a) In General- Chapter 447 of title 49, United States Code, is amended
by adding at the end the following:
`Sec. 44729. Age standards for pilots
`(a) In General- Subject to the limitation in subsection (c), a pilot
may serve in multicrew covered operations until attaining 65 years of
age.
`(b) Covered Operations Defined- In this section, the term `covered operations'
means operations under part 121 of title 14, Code of Federal Regulations.
`(c) Limitation for International Flights-
`(1) APPLICABILITY OF ICAO STANDARD- A pilot who has attained 60 years
of age may serve as pilot-in-command in covered operations between the
United States and another country only if there is another pilot in
the flight deck crew who has not yet attained 60 years of age.
`(2) SUNSET OF LIMITATION- Paragraph (1) shall cease to be effective
on such date as the Convention on International Civil Aviation provides
that a pilot who has attained 60 years of age may serve as pilot-in-command
in international commercial operations without regard to whether there
is another pilot in the flight deck crew who has not attained age 60.
`(d) Sunset of Age 60 Retirement Rule- On and after the date of enactment
of this section, section 121.383(c) of title 14, Code of Federal Regulations,
shall cease to be effective.
`(1) NONRETROACTIVITY- No person who has attained 60 years of age before
the date of enactment of this section may serve as a pilot for an air
carrier engaged in covered operations unless--
`(A) such person is in the employment of that air carrier in such
operations on such date of enactment as a required flight deck crew
member; or
`(B) such person is newly hired by an air carrier as a pilot on or
after such date of enactment without credit for prior seniority or
prior longevity for benefits or other terms related to length of service
prior to the date of rehire under any labor agreement or employment
policies of the air carrier.
`(2) PROTECTION FOR COMPLIANCE- An action taken in conformance with
this section, taken in conformance with a regulation issued to carry
out this section, or taken prior to the date of enactment of this section
in conformance with section 121.383(c) of title 14, Code of Federal
Regulations (as in effect before such date of enactment), may not serve
as a basis for liability or relief in a proceeding, brought under any
employment law or regulation, before any court or agency of the United
States or of any State or locality.
`(f) Amendments to Labor Agreements and Benefit Plans- Any amendment to
a labor agreement or benefit plan of an air carrier that is required to
conform with the requirements of this section or a regulation issued to
carry out this section, and is applicable to pilots represented for collective
bargaining, shall be made by agreement of the air carrier and the designated
bargaining representative of the pilots of the air carrier.
`(g) Medical Standards and Records-
`(1) MEDICAL EXAMINATIONS AND STANDARDS- Except as provided by paragraph
(2), a person serving as a pilot for an air carrier engaged in covered
operations shall not be subject to different medical standards, or different,
greater, or more frequent medical examinations, on account of age unless
the Secretary determines (based on data received or studies published
after the date of enactment of this section) that different medical
standards, or different, greater, or more frequent medical examinations,
are needed to ensure an adequate level of safety in flight.
`(2) DURATION OF FIRST-CLASS MEDICAL CERTIFICATE- No person who has
attained 60 years of age may serve as a pilot of an air carrier engaged
in covered operations unless the person has a first-class medical certificate.
Such a certificate shall expire on the last day of the 6-month period
following the date of examination shown on the certificate.
`(1) TRAINING- Each air carrier engaged in covered operations shall
continue to use pilot training and qualification programs approved by
the Federal Aviation Administration, with specific emphasis on initial
and recurrent training and qualification of pilots who have attained
60 years of age, to ensure continued acceptable levels of pilot skill
and judgment.
`(2) LINE EVALUATIONS- Not later than 6 months after the date of enactment
of this section, and every 6 months thereafter, an air carrier engaged
in covered operations shall evaluate the performance of each pilot of
the air carrier who has attained 60 years of age through a line check
of such pilot. Notwithstanding the preceding sentence, an air carrier
shall not be required to conduct for a 6-month period a line check under
this paragraph of a pilot serving as second-in-command if the pilot
has undergone a regularly scheduled simulator evaluation during that
period.
`(3) GAO REPORT- Not later than 24 months after the date of enactment
of this section, the Comptroller General shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate
a report concerning the effect, if any, on aviation safety of the modification
to pilot age standards made by subsection (a).'.
(b) Clerical Amendment- The analysis for chapter 447 of title 49, United
States Code, is amended by adding at the end the following:
`44729. Age standards for pilots.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END
