II 
110TH CONGRESS 
1ST SESSION H. R. 4343 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 12, 2007 
Received 
AN ACT 
To amend title 49, United States Code, to modify age stand-
ards for pilots engaged in commercial aviation oper-
ations. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT 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 fol-
lowing: 
‘‘§ 44729. Age standards for pilots 
‘‘(a) IN GENERAL.—Subject to the limitation in sub-
section (c), a pilot may serve in multicrew covered oper-
ations until attaining 65 years of age. 
‘‘(b) COVERED OPERATIONS DEFINED.—In this sec-
tion, 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 Con-
vention on International Civil Aviation provides that 
a pilot who has attained 60 years of age may serve 
as pilot-in-command in international commercial op-
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erations 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 enact-
ment 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 enact-
ment 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 poli-
cies of the air carrier. 
‘‘(2) PROTECTION FOR COMPLIANCE.—An ac-
tion taken in conformance with this section, taken in 
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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 pro-
ceeding, brought under any employment law or regu-
lation, 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 rep-
resented for collective bargaining, shall be made by agree-
ment of the air carrier and the designated bargaining rep-
resentative of the pilots of the air carrier. 
‘‘(g) MEDICAL STANDARDS AND RECORDS.— 
‘‘(1) MEDICAL
EXAMINATIONS
AND
STAND-
ARDS.—Except as provided by paragraph (2), a per-
son 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 fre-
quent medical examinations, on account of age un-
less the Secretary determines (based on data re-
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ceived or studies published after the date of enact-
ment of this section) that different medical stand-
ards, 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 CER-
TIFICATE.—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 ex-
pire on the last day of the 6-month period following 
the date of examination shown on the certificate. 
‘‘(h) SAFETY.— 
‘‘(1) TRAINING.—Each air carrier engaged in 
covered operations shall continue to use pilot train-
ing and qualification programs approved by the Fed-
eral 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 judg-
ment. 
‘‘(2) LINE
EVALUATIONS.—Not later than 6 
months after the date of enactment of this section, 
and every 6 months thereafter, an air carrier en-
gaged in covered operations shall evaluate the per-
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 447 of title 49, United States Code, is amended by 
adding at the end the following: 
‘‘44729. Age standards for pilots.’’. 
Passed the House of Representatives December 11, 
2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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