S.Amdt. 1918

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.''.
______