[Congressional Record Volume 170, Number 75 (Wednesday, May 1, 2024)]
[Senate]
[Page S3256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1918. Mr. GRAHAM (for himself, Mr. Kelly, Mr. Grassley, and Mrs. 
Blackburn) submitted an amendment intended to be proposed to amendment 
SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, Ms. 
Duckworth, and Mr. Moran) and intended to be proposed to the bill H.R. 
3935, to amend title 49, United States Code, to reauthorize and improve 
the Federal Aviation Administration and other civil aviation programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title IV, add the following:

     SEC. 442. 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 FAA Reauthorization Act of 2024, 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 FAA 
     Reauthorization Act of 2024 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 FAA Reauthorization Act of 
     2024 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 FAA 
     Reauthorization Act of 2024) 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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