Federal

Let Experienced Pilots Fly Act

Source: Congress.gov · 1,020 words in original text

What This Bill Does

This bill changes when commercial pilots must retire. It raises the retirement age for pilots in multicrew operations from 65 years old to 67 years old. The bill also updates medical certificate requirements for older pilots.

Who It Affects

Commercial airline pilots working in multicrew operations (operations with multiple pilots) for air carriers. The Federal Aviation Administration (the agency that regulates aviation). Labor unions that represent pilots. Airlines and their management.

Key Provisions

• Pilots may continue working in multicrew covered operations until they reach 67 years of age (Sec. 2(a)) • Pilots 60 years old and older must hold a first-class medical certificate that expires every 6 months (Sec. 2(f)(2)) • Pilots who already reached 65 before this law passes can keep working only if they were employed by an airline on the date the law passes, or if they are newly hired without credit for their prior seniority (work history) (Sec. 2(d)(1)) • Actions taken to follow this law cannot be used as a basis for lawsuits under employment laws (Sec. 2(d)(2)) • Airlines must get agreement from pilot unions before changing labor agreements or benefit plans to comply with this law (Sec. 2(e))

What Changes

The maximum retirement age for pilots in multicrew commercial operations increases from 65 to 67 years old. Medical certificate requirements change so pilots 60 and older must renew their first-class certificates every 6 months instead of following previous renewal schedules. Airlines may need to update their labor agreements with pilot unions.

Important Definitions

"Covered operations" means airline flights under Federal Aviation Administration Part 121 rules, except flights in foreign airspace where such operations are prohibited or flights that don't comply with international aviation treaties (Sec. 2(b))

Effective Date

Not specified in bill text

II 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 retire- ment age for pilots engaged in commercial aviation oper- ations, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Let Experienced Pilots 4 Fly Act’’. 5 SEC. 2. INCREASED RETIREMENT AGE FOR PILOTS. 6 Section 44729 of title 49, United States Code, is 7 amended to read as follows: 8 VerDate Sep 11 2014 22:56 Mar 30, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S893.IS S893 kjohnson on DSK79L0C42PROD with BILLS 2 •S 893 IS ‘‘§ 44729. Age standards for pilots 1 ‘‘(a) IN GENERAL.—A pilot may serve in multicrew 2 covered operations until attaining 67 years of age. 3 ‘‘(b) COVERED OPERATIONS DEFINED.—In this sec- 4 tion, the term ‘covered operations’ means operations under 5 part 121 of title 14, Code of Federal Regulations, unless 6 the operation takes place in— 7 ‘‘(1) the territorial airspace of a foreign country 8 where such operations are prohibited by the foreign 9 country; or 10 ‘‘(2) international airspace where such oper- 11 ations are not in compliance with the Annexes to the 12 Convention on International Civil Aviation. 13 ‘‘(c) REGULATIONS.—On and after the date of enact- 14 ment of the Let Experienced Pilots Fly Act, subsections 15 (d) and (e) of section 121.383 of title 14, Code of Federal 16 Regulations, shall be deemed to have been amended to in- 17 crease the age listed in such subsections to 67 years of 18 age. 19 ‘‘(d) APPLICABILITY.— 20 ‘‘(1) NONRETROACTIVITY.—No person who has 21 attained 65 years of age before the date of enact- 22 ment of the Let Experienced Pilots Fly Act may 23 serve as a pilot for an air carrier engaged in covered 24 operations unless— 25 VerDate Sep 11 2014 22:56 Mar 30, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S893.IS S893 kjohnson on DSK79L0C42PROD with BILLS 3 •S 893 IS ‘‘(A) such person is in the employment of 1 that air carrier in such operations on such date 2 of enactment as a required flight deck crew 3 member; or 4 ‘‘(B) such person is newly hired by an air 5 carrier as a pilot on or after such date of enact- 6 ment without credit for prior seniority or prior 7 longevity for benefits or other terms related to 8 length of service prior to the date of rehire 9 under any labor agreement or employment poli- 10 cies of the air carrier. 11 ‘‘(2) PROTECTION FOR COMPLIANCE.—An ac- 12 tion taken in conformance with this section, taken in 13 conformance with a regulation issued to carry out 14 this section, or taken prior to the date of enactment 15 of the Let Experienced Pilots Fly Act in conform- 16 ance with subsection (d) or (e) of section 121.383 of 17 title 14, Code of Federal Regulations (as in effect 18 before such date), may not serve as a basis for liabil- 19 ity or relief in a proceeding, brought under any em- 20 ployment law or regulation, before any court or 21 agency of the United States or of any State or local- 22 ity. 23 ‘‘(e) AMENDMENTS TO LABOR AGREEMENTS AND 24 BENEFIT PLANS.—Any amendment to a labor agreement 25 VerDate Sep 11 2014 22:56 Mar 30, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S893.IS S893 kjohnson on DSK79L0C42PROD with BILLS 4 •S 893 IS or benefit plan of an air carrier that is required to conform 1 with the requirements of this section or a regulation issued 2 to carry out this section, and is applicable to pilots rep- 3 resented for collective bargaining, shall be made by agree- 4 ment of the air carrier and the designated bargaining rep- 5 resentative of the pilots of the air carrier. 6 ‘‘(f) MEDICAL STANDARDS AND RECORDS.— 7 ‘‘(1) MEDICAL EXAMINATIONS AND STAND- 8 ARDS.—Except as provided by paragraph (2), a per- 9 son serving as a pilot for an air carrier engaged in 10 covered operations shall not be subject to different 11 medical standards, or different, greater, or more fre- 12 quent medical examinations, on account of age un- 13 less the Administrator of the Federal Aviation Ad- 14 ministration determines (based on data received or 15 studies published after the date of enactment of the 16 Let Experienced Pilots Fly Act) that different med- 17 ical standards, or different, greater, or more fre- 18 quent medical examinations, are needed to ensure an 19 adequate level of safety in flight. 20 ‘‘(2) DURATION OF FIRST-CLASS MEDICAL CER- 21 TIFICATE.—No person who has attained 60 years of 22 age may serve as a pilot of an air carrier engaged 23 in covered operations unless the person has a first- 24 class medical certificate. Such a certificate shall ex- 25 VerDate Sep 11 2014 22:56 Mar 30, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S893.IS S893 kjohnson on DSK79L0C42PROD with BILLS 5 •S 893 IS pire on the last day of the 6-month period following 1 the date of examination shown on the certificate. 2 ‘‘(g) SAFETY TRAINING.—Each air carrier engaged 3 in covered operations shall continue to use pilot training 4 and qualification programs approved by the Federal Avia- 5 tion Administration.’’. 6 Æ VerDate Sep 11 2014 22:56 Mar 30, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S893.IS S893 kjohnson on DSK79L0C42PROD with BILLS

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