II
118th CONGRESS
1st Session
S. 893
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.
Short title
This Act may be cited as the Let Experienced Pilots Fly Act
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Increased retirement age for pilots
Section 44729 of title 49, United States Code, is amended to read as follows:
Age standards for pilots
In general
A pilot may serve in multicrew covered operations until attaining 67 years of age.
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—
the territorial airspace of a foreign country where such operations are prohibited by the foreign country; or
international airspace where such operations are not in compliance with the Annexes to the Convention on International Civil Aviation.
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.
Applicability
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—
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
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.
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.
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.
Medical standards and records
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.
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.
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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