[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 65 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 65

               To amend the age restrictions for pilots.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

  Mr. Inhofe (for himself, Mr. Stevens, and Mr. Burns) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
               To amend the age restrictions for pilots.

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

SECTION 1. LIMITATION ON AGE RESTRICTIONS.

    Section 44703 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(k) Limitation on Age Restrictions.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Administrator may not, solely by reason of a person's 
        age, if such person has not attained the person's social 
        security retirement age as defined in section 216(l) of the 
        Social Security Act (42 U.S.C. 416(l))--
                    ``(A) deny, defer as to, or fail to renew for, any 
                such person an airman or medical certificate to serve 
                as a pilot of aircraft operated by an air carrier 
                engaged in operations under part 121 of title 14, Code 
                of Federal Regulations, or take any other action by 
                regulation or otherwise under this section, including 
                the imposition of restrictions or limitations on an 
                airman or medical certificate following initial or 
                periodic competency or medical testing, which has the 
                same age discriminatory effect on any such person; or
                    ``(B) require an air carrier engaged in operations 
                under part 121 of title 14, Code of Federal 
                Regulations, to terminate the employment of, or not to 
                employ, any such person as a pilot of an aircraft 
                operated by such air carrier, or take any other action 
                by regulation or otherwise under section 44705 of this 
                title which has the same age discriminatory effect on 
                any such person.
            ``(2) Applicability.--Nothing in paragraph (1) shall 
        provide the basis for a claim of seniority under any labor 
        agreement in effect between a recognized bargaining unit for 
        pilots and an air carrier engaged in operations under part 121 
        of title 14, Code of Federal Regulations, made by any pilot 
        seeking re-employment by such air carrier following the pilot's 
        previous termination or cessation of employment as mandated by 
        section 121.383(c), title 14, Code of Federal Regulations.
            ``(3) Amendment of regulation.--Upon the enactment of this 
        subsection, the provisions of section 121.383(c), title 14, 
        Code of Federal Regulations (as in effect on the day before the 
        date of enactment of this subsection) shall cease to apply and 
        the Administrator shall take such action as is necessary to 
        carry out this subsection.''.
                                 <all>