[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 893 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 893

To amend title 49, United States Code, to raise the retirement age for 
    pilots engaged in commercial aviation operations, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2023

 Mr. Graham (for himself, Mr. Manchin, Mr. Grassley, Ms. Lummis, Mrs. 
Blackburn, Mr. Kelly, and Mrs. Fischer) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to raise the retirement age for 
    pilots engaged in commercial aviation operations, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Let Experienced Pilots Fly Act''.

SEC. 2. INCREASED RETIREMENT AGE FOR PILOTS.

    Section 44729 of title 49, United States Code, is amended to read 
as follows:
``Sec. 44729. Age standards for pilots
    ``(a) In General.--A pilot may serve in multicrew covered 
operations until attaining 67 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, unless the operation takes place in--
            ``(1) the territorial airspace of a foreign country where 
        such operations are prohibited by the foreign country; or
            ``(2) international airspace where such operations are not 
        in compliance with the Annexes to the Convention on 
        International Civil Aviation.
    ``(c) Regulations.--On and after the date of enactment of the Let 
Experienced Pilots Fly Act, subsections (d) and (e) of section 121.383 
of title 14, Code of Federal Regulations, shall be deemed to have been 
amended to increase the age listed in such subsections to 67 years of 
age.
    ``(d) Applicability.--
            ``(1) Nonretroactivity.--No person who has attained 65 
        years of age before the date of enactment of the Let 
        Experienced Pilots Fly Act 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 the Let Experienced Pilots Fly Act in 
        conformance with subsection (d) or (e) of section 121.383 of 
        title 14, Code of Federal Regulations (as in effect before such 
        date), 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.
    ``(e) 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.
    ``(f) 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 
        Administrator of the Federal Aviation Administration determines 
        (based on data received or studies published after the date of 
        enactment of the Let Experienced Pilots Fly Act) 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.
    ``(g) Safety Training.--Each air carrier engaged in covered 
operations shall continue to use pilot training and qualification 
programs approved by the Federal Aviation Administration.''.
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