[Congressional Record Volume 147, Number 22 (Thursday, February 15, 2001)]
[Senate]
[Page S1502]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. MURKOWSKI (for himself, Mr. Inhofe, and Mr. Enzi):
  S. 361. A bill to establish age limitations for airmen; to the 
Committee on Commerce, Science, and Transportation.
  Mr. MURKOWSKI. Mr. President, I am pleased to be joined by Senators 
Inhofe and Enzi in introducing legislation that attempts to diminish 
the scope of a problem that is facing our air transport industry, 
namely a critical shortage of pilots. The pilot shortage is starting to 
have effects in many rural states.
  In response to this problem, I am today introducing a bill that would 
repeal the Federal Aviation Administration (FAA) rule which now 
requires pilots who fly under Part 121 to retire at ago 60. Under my 
legislation, pilots in excellent health would be allowed to continue to 
pilot commercial airliners until their 65th birthday.
  The Age 60 rule was instituted 40 years ago when commercial jets were 
first entering service. The rule was established without the benefit of 
medical or scientific studies or public comment. The most recent study, 
the results of which were released in 1993, examined the correlation 
between age and accident rate as pilots approach 60. That study found 
no increase in accidents.
  The FAA contends that although science does not dictate retirement at 
the age of 60, it is the age range when sharp increases in disease 
mortality and morbidity occur. In FAA's view it is too risky to allow 
older pilots to fly the largest aircraft, carrying the greatest number 
of passengers over the longest non-stop distances, in the highest 
density traffic.
  However, 44 countries worldwide have relaxed the age 60 rule within 
the last ten years primarily because the pilot shortage is a worldwide 
phenomenon. Many of these air carriers currently fly into U.S. 
airspace.
  One of the ways carriers are attempting to adapt to the shortage is 
to lower their flight time requirements. In my view, this is a risk 
factor the FAA should be concerned about.
  How did this shortage occur? The reason is simple: There has been an 
explosive growth of the major airlines worldwide, and there's a 
shortage of military pilots who used to feed the system. In addition, 
there is an aging pilot pool that must retire at age 60.
  Add to this domino effect the decline in the number of people 
learning to fly, due primarily to the cost, and the pool of available 
pilots has shrunk.
  The shortage acutely affects my home state of Alaska because we 
depend on air transport far more than any other state. Rural residents 
in Alaska have no way out other than by air service. There are no rural 
routes, state or interstate highways serving most rural residents in 
Alaska and the airplane for many of them is their lifeline to the 
outside world.
  The pilot shortage has left Alaskan carriers scrambling for pilots. 
Alaska's carriers must hire from the available pilot pool in the lower 
48. Many of these pilots view flying in Alaska as a stepping stone that 
allows them to build up flight time. Although they get great flying 
experience in my home state, in nearly all instances when a pilot gets 
a higher-pay job offer with a larger carrier in the lower 48, he leaves 
Alaska.
  According to the Alaska Air Carriers Association, raising the 
retirement age to 65 will help alleviate the shortage and keep 
experienced pilots flying and serving rural Alaskans.
  I would note that what is happening across the country is that the 
major carriers are luring pilots from commuter airlines, who in turn 
recruit from the air charter and corporate industry, who in turn hire 
flight instructors, agriculture pilots, etc. Which leaves rural 
carriers strapped. The big fish are feeding off the little ones.
  Small carriers simply cannot compete with the salaries, benefits and 
training costs of the major carriers. They simply do not have the 
financial resources.
  According to figures provided by the Federal Aviation Administration, 
there were 694,000 pilots in 1988 and 616,342 in 1997. Within that 
number, private pilot certificates fell from approximately 300,000 in 
1988 to 247,604 in 1997. Commercial certificates, like air taxi and 
small commuter pilots, fell from 143,000 in 1988 to 125,300 in 1997. 
The number of total pilots in Alaska fell from more than 10,000 in 1988 
to approximately 8,700 in 1997.
  However, light is beginning to show at the end of the tunnel. 
Organizations such as the Aircraft Owners and Pilots Association (AOPA) 
and the General Aviation Manufacturers Association (GAMA) have been 
monitoring this shortage for some time and have stepped up to the plate 
to get people interested in flying. AOPA has started a pilot mentoring 
program in 1994 and approximately 30,000 have entered the program. 
GAMA's ``Be a Pilot'' program is starting to bring more potential 
pilots into flight training.
  Even the Air Force is starting to institute new programs to keep 
pilots.
  In Alaska, as a result of a precedent-setting program involving Yute 
Air, the Association of Village Council Presidents, the University of 
Alaska, Anchorage, Aero Tech Flight Service, Inc., and the FAA, a 
program was developed to train rural Alaska Natives to fly. Seven are 
on their way to pilot careers.
  Also, the number of students working on pilot licenses at the 
University's Flight Technology program has almost doubled in two years.
  It is my hope that the shortage has hit rock bottom. But even so, it 
will take years before a cadre of qualified pilots is ready to take to 
the friendly skies.
  The time has come for Congress to wrestle with this problem. As long 
as a pilot can pass the rigorous medical exam, he or she should be 
allowed to fly. Air service is critical to keep commerce alive, 
especially in rural states.
   I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 361

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

     SECTION 1. AGE AND OTHER LIMITATIONS.

       (a) General.--Notwithstanding any other provision of law, 
     beginning on the date that is 30 days after the date of 
     enactment of this Act--
       (1) section 121.383(c) of title 14, Code of Federal 
     Regulations, shall not apply;
       (2) no certificate holder may use the services of any 
     person as a pilot on an airplane engaged in operations under 
     part 121 of title 14, Code of Federal Regulations, if that 
     person is 65 years of age or older; and
       (3) no person may serve as a pilot on an airplane engaged 
     in operations under part 121 of title 14, Code of Federal 
     Regulations, if that person is 65 years of age or older.
       (b) Certificate Holder.--For purposes of this section, the 
     term ``certificate holder'' means a holder of a certificate 
     to operate as an air carrier or commercial operator issued by 
     the Federal Aviation Administration.
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