[110th Congress Public Law 135]
[From the U.S. Government Printing Office]


[DOCID: f:publ135.110]
                FAIR TREATMENT FOR EXPERIENCED PILOTS ACT
Public Law 110-135
110th Congress

                                 An Act


 
   To amend title 49, United States Code, to modify age standards for 
   pilots engaged in commercial aviation operations. <<NOTE: Dec. 13, 
                         2007 -  [H.R. 4343]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Fair Treatment 
for Experienced Pilots Act.>> 
SECTION 1. SHORT <<NOTE: 49 USC 40101 note.>>  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) <<NOTE: Deadlines.>>  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.''.

    Approved December 13, 2007.

LEGISLATIVE HISTORY--H.R. 4343:
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CONGRESSIONAL RECORD, Vol. 153 (2007):
            Dec. 11, considered and passed House.
            Dec. 12, considered and passed Senate.

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