[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4343 Enrolled Bill (ENR)]
\Alpha3\E\HSEENR\h4343--enr.xml [file 1 of 1]
H.R.4343
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.
``(e) Applicability.--
``(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.
``(h) Safety.--
``(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.