II 

Calendar No. 382 

109TH CONGRESS 

2ND SESSION S. 65 

[Report No. 109–225] 

To amend the age restrictions for pilots. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. INHOFE (for himself, Mr. STEVENS, Mr. BURNS, Ms. MURKOWSKI, Mr. 

GRASSLEY, Mr. KYL, Mr. COBURN, Mr. BUNNING, Mr. ISAKSON, Mr. 

CRAPO, Mr. THOMAS, Mr. COCHRAN, Mr. CORNYN, Mr. BROWNBACK, Mr. 

WARNER, Mr. SANTORUM, Mr. HATCH, Mr. ENSIGN, Mr. ENZI, Mr. 

ALLEN, Mr. CRAIG, and Mr. BENNETT) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

MARCH 30, 2006 

Reported by Mr. STEVENS, with an amendment in the nature of a substitute 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the age restrictions for pilots. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. LIMITATION ON AGE RESTRICTIONS. 

4 Section 44703 of title 49, United States Code, is 

5 amended by adding at the end the following: 


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1 ‘‘(k) LIMITATION ON AGE RESTRICTIONS.— 

2 ‘‘(1) IN GENERAL.—Notwithstanding any other 

3 provision of law, the Administrator may not, solely 

4 by reason of a person’s age, if such person has not 

5 attained the person’s social security retirement age 

6 as defined in section 216(l) of the Social Security 

7 Act (42 U.S.C. 416(l))— 

8 ‘‘(A) deny, defer as to, or fail to renew for, 

9 any such person an airman or medical certifi10 cate to serve as a pilot of aircraft operated by 

11 an air carrier engaged in operations under part 

12 121 of title 14, Code of Federal Regulations, or 

13 take any other action by regulation or otherwise 

14 under this section, including the imposition of 

15 restrictions or limitations on an airman or med16 ical certificate following initial or periodic com17 petency or medical testing, which has the same 

18 age discriminatory effect on any such person; or 

19 ‘‘(B) require an air carrier engaged in op20 erations under part 121 of title 14, Code of 

21 Federal Regulations, to terminate the employ22 ment of, or not to employ, any such person as 

23 a pilot of an aircraft operated by such air car24 rier, or take any other action by regulation or 

25 otherwise under section 44705 of this title 


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1 which has the same age discriminatory effect on 

2 any such person. 

3 ‘‘(2) APPLICABILITY.—Nothing in paragraph 

4 (1) shall provide the basis for a claim of seniority 

5 under any labor agreement in effect between a rec6 ognized bargaining unit for pilots and an air carrier 

7 engaged in operations under part 121 of title 14, 

8 Code of Federal Regulations, made by any pilot 

9 seeking re-employment by such air carrier following 

10 the pilot’s previous termination or cessation of em11 ployment as mandated by section 121.383(c), title 

12 14, Code of Federal Regulations. 

13 ‘‘(3) AMENDMENT OF REGULATION.—Upon the 

14 enactment of this subsection, the provisions of sec15 tion 121.383(c), title 14, Code of Federal Regula16 tions (as in effect on the day before the date of en17 actment of this subsection) shall cease to apply and 

18 the Administrator shall take such action as is nec19 essary to carry out this subsection.’’. 

20 SECTION 1. MODIFICATION OF FAA’S AGE-60 RULE. 

21 Within 30 days after the effective date of action taken 

22 by the International Civil Aviation Organization to amend 

23 Annex 1 to the Convention on International Civil Aviation 

24 to modify the international standard and recommended 

25 practice for Member State curtailment of pilot privileges 


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1 by reason of age, as agreed and recommended by Air Navi2 gation Commission at the 10th meeting of its 167th session, 

3 following its review of the recommendations of the Flight 

4 Crew Licensing and Training Panel Working Group A’s 

5 report AN–WP/7982, the Secretary of Transportation shall 

6 modify section 121.383(c) of the Federal Aviation Adminis7 tration regulations (14 C.F.R. 121.383(c)) to be consistent 

8 with the amended standard or recommended practice— 

9 (1) to provide that a pilot who has attained 60 

10 years of age may serve as a pilot of an aircraft oper11 ated by an air carrier engaged in operations under 

12 part 121 of title 14, Code of Federal Regulations, 

13 until having attained 65 years of age on the condition 

14 that such pilot may so serve only— 

15 (A) as a required pilot in multi-crew air16 craft operations; and 

17 (B) when another pilot serving as a re18 quired pilot in such multi-crew aircraft oper19 ations has not yet attained 60 years of age; and 

20 (2) to eliminate the prohibition against an air 

21 carrier engaged in such operations from using the 

22 services of a pilot who has attained 60 years of age. 

23 SEC. 2. APPLICABILITY. 

24 The modification of the Federal Aviation Administra25 tion regulations under section 1 shall not provide the basis 


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1 for a claim of seniority under any labor agreement in effect 

2 between a recognized bargaining unit for pilots and an air 

3 carrier engaged in operations under part 121 of title 14, 

4 Code of Federal Regulations, made by any pilot seeking re5 employment by such air carrier following the pilot’s pre6 vious termination or cessation of employment as required 

7 by section 121.323(c), title 14, Code of Federal Regulations, 

8 as that section was in effect on the date of enactment of 

9 this Act. 

10 SEC. 3. NTSB REPORT AFTER MODIFICATION OF AGE-60 

11 RULE. 

12 Within 24 months after the date on which the Sec13 retary of Transportation modifies the Federal Aviation Ad14 ministration regulations under section 1, the National 

15 Transportation Safety Board shall submit a report to the 

16 Senate Committee on Commerce, Science, and Transpor17 tation and the House of Representatives Committee on 

18 Transportation and Infrastructure concerning the effect, if 

19 any, of the modification on aviation safety. 


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Calendar No. 382 

109TH CONGRESS 

2D SESSION S. 65 

[Report No. 109

–225] 

A BILL 

To amend the age restrictions for pilots. 

MARCH 30, 2006 

Reported with an amendment in the nature of a 

substitute 


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