[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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