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


                                                       Calendar No. 382
109th CONGRESS
  2nd Session
                                 S. 65

                          [Report No. 109-225]

               To amend the age restrictions for pilots.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

  Mr. Inhofe (for himself, Mr. Stevens, Mr. Burns, Ms. Murkowski, Mr. 
Grassley, Mr. Kyl, Mr. Coburn, Mr. Bunning, Mr. Isakson, Mr. Crapo, Mr. 
    Thomas, Mr. Cochran, Mr. Cornyn, Mr. Brownback, Mr. Warner, Mr. 
 Santorum, Mr. Hatch, Mr. Ensign, Mr. Enzi, Mr. Allen, Mr. Craig, and 
 Mr. Bennett) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             March 30, 2006

     Reported by Mr. Stevens, with an amendment in the nature of a 
                               substitute
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. LIMITATION ON AGE RESTRICTIONS.</DELETED>

<DELETED>    Section 44703 of title 49, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(k) Limitation on Age Restrictions.--</DELETED>
        <DELETED>    ``(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))--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

SECTION 1. MODIFICATION OF FAA'S AGE-60 RULE.

    Within 30 days after the effective date of action taken by the 
International Civil Aviation Organization to amend Annex 1 to the 
Convention on International Civil Aviation to modify the international 
standard and recommended practice for Member State curtailment of pilot 
privileges by reason of age, as agreed and recommended by Air 
Navigation Commission at the 10th meeting of its 167th session, 
following its review of the recommendations of the Flight Crew 
Licensing and Training Panel Working Group A's report AN-WP/7982, the 
Secretary of Transportation shall modify section 121.383(c) of the 
Federal Aviation Administration regulations (14 C.F.R. 121.383(c)) to 
be consistent with the amended standard or recommended practice--
            (1) to provide that a pilot who has attained 60 years of 
        age may serve as a pilot of an aircraft operated by an air 
        carrier engaged in operations under part 121 of title 14, Code 
        of Federal Regulations, until having attained 65 years of age 
        on the condition that such pilot may so serve only--
                    (A) as a required pilot in multi-crew aircraft 
                operations; and
                    (B) when another pilot serving as a required pilot 
                in such multi-crew aircraft operations has not yet 
                attained 60 years of age; and
            (2) to eliminate the prohibition against an air carrier 
        engaged in such operations from using the services of a pilot 
        who has attained 60 years of age.

SEC. 2. APPLICABILITY.

    The modification of the Federal Aviation Administration regulations 
under section 1 shall not 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 required by section 
121.323(c), title 14, Code of Federal Regulations, as that section was 
in effect on the date of enactment of this Act.

SEC. 3. NTSB REPORT AFTER MODIFICATION OF AGE-60 RULE.

    Within 24 months after the date on which the Secretary of 
Transportation modifies the Federal Aviation Administration regulations 
under section 1, the National Transportation Safety Board shall submit 
a report to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure concerning the effect, if any, of the 
modification on aviation safety.
                                                       Calendar No. 382

109th CONGRESS

  2d Session

                                 S. 65

                          [Report No. 109-225]

_______________________________________________________________________

                                 A BILL

               To amend the age restrictions for pilots.

_______________________________________________________________________

                             March 30, 2006

        Reported with an amendment in the nature of a substitute