Summary
# PLAIN ENGLISH SUMMARY: H.R. 1761
## WHAT THIS BILL DOES
This bill raises the retirement age for pilots flying commercial airplanes from 65 to 67 years old. The bill also allows pilots who already retired at 65 to return to work until age 67.
## WHO IT AFFECTS
- Commercial airline pilots
- Air carriers (airlines) that operate commercial flights
- The Federal Aviation Administration
- Pilots represented by labor unions or collective bargaining representatives
## KEY PROVISIONS
- Commercial airline pilots can work in multicrew covered operations until they turn 67 years old (Sec. 2(a))
- Pilots who are already over 65 years old when this bill becomes law can return to service and work until age 67 (Sec. 2(d)(1))
- Pilots age 60 and older must have a first-class medical certificate that expires every 6 months (Sec. 2(f)(2))
- Airlines must continue using pilot training and qualification programs approved by the Federal Aviation Administration (Sec. 2(g))
- Within 180 days of the bill becoming law, the Federal Aviation Administration must report to Congress about possibly raising the retirement age even further (Sec. 2(h))
## WHAT CHANGES
If this bill becomes law, pilots can work two additional years beyond the current retirement age. Pilots who already left their jobs at 65 would get the chance to return and work until 67. Any changes to airline labor agreements must be made by agreement between the airline and the pilots' labor representative.
## IMPORTANT DEFINITIONS
- **Covered operations**: Commercial airline flights under federal regulations, unless they take place in a foreign country's airspace where such operations are banned or in international airspace that violates international aviation agreements (Sec. 2(b))
- **Multicrew covered operations**: Not explicitly defined in bill text
## EFFECTIVE DATE
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1761
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 HOUSE OF REPRESENTATIVES
MARCH 23, 2023
Mr. NEHLS (for himself, Mr. BABIN, Mr. PFLUGER, Mr. MOORE of Alabama,
Mr. FALLON, Mr. MEUSER, Mr. HUNT, Mr. STEUBE, Mr. ROUZER, Mrs.
BOEBERT, Mr. LAMALFA, Mr. DONALDS, Mr. TONY GONZALES of Texas,
Mr. JOHNSON of South Dakota, Mr. MURPHY, Mr. ROY, Mr. HIGGINS
of Louisiana, Mr. DAVIDSON, Mr. RUTHERFORD, Mr. GIMENEZ, Mr.
GOOD of Virginia, Mr. GROTHMAN, Mr. BURLISON, Mr. ROSENDALE,
Mrs. MILLER of Illinois, Mr. MCCORMICK, and Mr. MILLS) introduced
the following bill; which was referred to the Committee on Transportation
and Infrastructure
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 of 2023’’.
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•HR 1761 IH
SEC. 2. INCREASED RETIREMENT AGE FOR PILOTS.
1
Section 44729 of title 49, United States Code, as
2
amended by section 107 of division Q of the Consolidated
3
Appropriations Act, 2023 (Public Law 117–328), is fur-
4
ther amended to read as follows:
5
‘‘§ 44729. Age standards for pilots
6
‘‘(a) IN GENERAL.—A pilot may serve in multicrew
7
covered operations until 67 years of age.
8
‘‘(b) COVERED OPERATIONS DEFINED.—In this sec-
9
tion, the term ‘covered operations’ means operations under
10
part 121 of title 14, Code of Federal Regulations, unless
11
the operation takes place in—
12
‘‘(1) the territorial airspace of a foreign country
13
where such operations are prohibited by the foreign
14
country; or
15
‘‘(2) international airspace where such oper-
16
ations are not in compliance with the Annexes to the
17
Convention on International Civil Aviation.
18
‘‘(c) REGULATIONS.—On and after the date of enact-
19
ment of the Let Experienced Pilots Fly Act of 2023, sub-
20
sections (d) and (e) of section 121.383 of title 14, Code
21
of Federal Regulations, shall be deemed to have been
22
amended to increase the age listed in such subsections to
23
67 years of age.
24
‘‘(d) APPLICABILITY.—
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•HR 1761 IH
‘‘(1) RETROACTIVITY.—A pilot who is over 65
1
years of age on the date of enactment of this bill
2
may return to service in multicrew covered oper-
3
ations until 67 years of age.
4
‘‘(2) PROTECTION FOR COMPLIANCE.—An ac-
5
tion taken in conformance with this section, taken in
6
conformance with a regulation issued to carry out
7
this section, or taken prior to the date of enactment
8
of the Let Experienced Pilots Fly Act of 2023 in
9
conformance with subsection (d) or (e) of section
10
121.383 of title 14, Code of Federal Regulations (as
11
in effect before such date), may not serve as a basis
12
for liability or relief in a proceeding, brought under
13
any employment law or regulation, before any court
14
or agency of the United States or of any State or
15
locality.
16
‘‘(e) AMENDMENTS TO LABOR AGREEMENTS AND
17
BENEFIT PLANS.—Any amendment to a labor agreement
18
or benefit plan of an air carrier that is required to conform
19
with the requirements of this section or a regulation issued
20
to carry out this section, and is applicable to pilots rep-
21
resented for collective bargaining, shall be made by agree-
22
ment of the air carrier and the designated bargaining rep-
23
resentative of the pilots of the air carrier.
24
‘‘(f) MEDICAL STANDARDS AND RECORDS.—
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•HR 1761 IH
‘‘(1) MEDICAL
EXAMINATIONS
AND
STAND-
1
ARDS.—Except as provided by paragraph (2), a per-
2
son serving as a pilot for an air carrier engaged in
3
covered operations shall not be subject to different
4
medical standards, or different, greater, or more fre-
5
quent medical examinations, on account of age un-
6
less the Administrator of the Federal Aviation Ad-
7
ministration determines (based on data received or
8
studies published after the date of enactment of the
9
Let Experienced Pilots Fly Act of 2023) that dif-
10
ferent medical standards, or different, greater, or
11
more frequent medical examinations, are needed to
12
ensure an adequate level of safety in flight.
13
‘‘(2) DURATION OF FIRST-CLASS MEDICAL CER-
14
TIFICATE.—No person who has attained 60 years of
15
age may serve as a pilot of an air carrier engaged
16
in covered operations unless the person has a first-
17
class medical certificate. Such a certificate shall ex-
18
pire on the last day of the 6-month period following
19
the date of examination shown on the certificate.
20
‘‘(g) SAFETY TRAINING.—Each air carrier engaged
21
in covered operations shall continue to use pilot training
22
and qualification programs approved by the Federal Avia-
23
tion Administration.
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•HR 1761 IH
‘‘(h) REPORT.—Not later than 180 days after the
1
date of enactment of this Act, the Administrator of the
2
Federal Aviation Administration shall submit to the ap-
3
propriate congressional committees a report on further in-
4
creasing the age limitation described in subsection (a).’’.
5
Æ
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