[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.''.
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