Let Experienced Pilots Fly Act of 2023

Subjects: Transportation and Public Works


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1761 Introduced in House (IH)]

&lt;DOC&gt;






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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Let Experienced Pilots Fly Act of 
2023''.

SEC. 2. INCREASED RETIREMENT AGE FOR PILOTS.

    Section 44729 of title 49, United States Code, as amended by 
section 107 of division Q of the Consolidated Appropriations Act, 2023 
(Public Law 117-328), is further amended to read as follows:
``Sec. 44729. Age standards for pilots
    ``(a) In General.--A pilot may serve in multicrew covered 
operations until 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 Let 
Experienced Pilots Fly Act of 2023, 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) Retroactivity.--A pilot who is over 65 years of age 
        on the date of enactment of this bill may return to service in 
        multicrew covered operations until 67 years of age.
            ``(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 Let Experienced Pilots Fly Act of 
        2023 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 Let Experienced Pilots Fly Act of 2023) 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.
    ``(h) Report.--Not later than 180 days after the date of enactment 
of this Act, the Administrator of the Federal Aviation Administration 
shall submit to the appropriate congressional committees a report on 
further increasing the age limitation described in subsection (a).''.
                                 &lt;all&gt;
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