Amends Federal aviation law to prohibit the Administrator of the Federal Aviation Administration, solely by reason of a person's age if the person has not attained his or her Social Security retirement age, from: (1) denying, deferring as to, or failing to renew for any such person an airman or medical certificate for the operation of a commercial aircraft; (2) imposing 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 the person; or (3) requiring an air carrier to terminate the employment of, or not to employ, or to take any other action having the same age discriminatory effect on, such person as a pilot of an aircraft. Declares that such requirements shall not provide the basis for a claim of seniority made under any labor bargaining agreement in effect between the pilots and an air carrier by any pilot seeking re-employment by an air carrier following the pilot's previous termination or cessation of employment.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 65 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 65
To amend the age restrictions for pilots.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2005
Mr. Gibbons introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
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 State 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 such part 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 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) of title 14, Code of Federal Regulations.
``(3) Amendment of regulation.--Upon the enactment of this
subsection, the provisions of section 121.383(c) of 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>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Aviation.
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