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 retirement age for pilots engaged in commercial aviation operations, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Let Experienced Pilots 

5 Fly Act’’. 

6 SEC. 2. INCREASED RETIREMENT AGE FOR PILOTS. 

7 Section 44729 of title 49, United States Code, is 

8 amended to read as follows: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 893 IS

1 ‘‘§ 44729. Age standards for pilots 

2 ‘‘(a) IN GENERAL.—A pilot may serve in multicrew 

3 covered operations until attaining 67 years of age. 

4 ‘‘(b) COVERED OPERATIONS DEFINED.—In this sec5 tion, the term ‘covered operations’ means operations under 

6 part 121 of title 14, Code of Federal Regulations, unless 

7 the operation takes place in— 

8 ‘‘(1) the territorial airspace of a foreign country 

9 where such operations are prohibited by the foreign 

10 country; or 

11 ‘‘(2) international airspace where such oper12 ations are not in compliance with the Annexes to the 

13 Convention on International Civil Aviation. 

14 ‘‘(c) REGULATIONS.—On and after the date of enact15 ment of the Let Experienced Pilots Fly Act, subsections 

16 (d) and (e) of section 121.383 of title 14, Code of Federal 

17 Regulations, shall be deemed to have been amended to in18 crease the age listed in such subsections to 67 years of 

19 age. 

20 ‘‘(d) APPLICABILITY.— 

21 ‘‘(1) NONRETROACTIVITY.—No person who has 

22 attained 65 years of age before the date of enact23 ment of the Let Experienced Pilots Fly Act may 

24 serve as a pilot for an air carrier engaged in covered 

25 operations unless— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 893 IS

1 ‘‘(A) such person is in the employment of 

2 that air carrier in such operations on such date 

3 of enactment as a required flight deck crew 

4 member; or 

5 ‘‘(B) such person is newly hired by an air 

6 carrier as a pilot on or after such date of enact7 ment without credit for prior seniority or prior 

8 longevity for benefits or other terms related to 

9 length of service prior to the date of rehire 

10 under any labor agreement or employment poli11 cies of the air carrier. 

12 ‘‘(2) PROTECTION FOR COMPLIANCE.—An ac13 tion taken in conformance with this section, taken in 

14 conformance with a regulation issued to carry out 

15 this section, or taken prior to the date of enactment 

16 of the Let Experienced Pilots Fly Act in conform17 ance with subsection (d) or (e) of section 121.383 of 

18 title 14, Code of Federal Regulations (as in effect 

19 before such date), may not serve as a basis for liabil20 ity or relief in a proceeding, brought under any em21 ployment law or regulation, before any court or 

22 agency of the United States or of any State or local23 ity. 

24 ‘‘(e) AMENDMENTS TO LABOR AGREEMENTS AND

25 BENEFIT PLANS.—Any amendment to a labor agreement 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 893 IS

1 or benefit plan of an air carrier that is required to conform 

2 with the requirements of this section or a regulation issued 

3 to carry out this section, and is applicable to pilots rep4 resented for collective bargaining, shall be made by agree5 ment of the air carrier and the designated bargaining rep6 resentative of the pilots of the air carrier. 

7 ‘‘(f) MEDICAL STANDARDS AND RECORDS.— 

8 ‘‘(1) MEDICAL EXAMINATIONS AND STAND9 ARDS.—Except as provided by paragraph (2), a per10 son serving as a pilot for an air carrier engaged in 

11 covered operations shall not be subject to different 

12 medical standards, or different, greater, or more fre13 quent medical examinations, on account of age un14 less the Administrator of the Federal Aviation Ad15 ministration determines (based on data received or 

16 studies published after the date of enactment of the 

17 Let Experienced Pilots Fly Act) that different med18 ical standards, or different, greater, or more fre19 quent medical examinations, are needed to ensure an 

20 adequate level of safety in flight. 

21 ‘‘(2) DURATION OF FIRST-CLASS MEDICAL CER22 TIFICATE.—No person who has attained 60 years of 

23 age may serve as a pilot of an air carrier engaged 

24 in covered operations unless the person has a first25 class medical certificate. Such a certificate shall exVerDate 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

1 pire on the last day of the 6-month period following 

2 the date of examination shown on the certificate. 

3 ‘‘(g) SAFETY TRAINING.—Each air carrier engaged 

4 in covered operations shall continue to use pilot training 

5 and qualification programs approved by the Federal Avia6 tion Administration.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS