[Congressional Record Volume 153, Number 189 (Tuesday, December 11, 2007)]
[House]
[Pages H15252-H15255]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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FAIR TREATMENT FOR EXPERIENCED PILOTS ACT
Mr. OBERSTAR. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4343) to amend title 49, United States Code, to modify age
standards for pilots engaged in commercial aviation operations.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4343
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 ``Fair Treatment for
Experienced Pilots Act''.
SEC. 2. AGE STANDARDS FOR PILOTS.
(a) In General.--Chapter 447 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 44729. Age standards for pilots
``(a) In General.--Subject to the limitation in subsection
(c), a pilot may serve in multicrew covered operations until
attaining 65 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.
``(c) Limitation for International Flights.--
``(1) Applicability of icao standard.--A pilot who has
attained 60 years of age may serve as pilot-in-command in
covered operations between the United States and another
country only if there is another pilot in the flight deck
crew who has not yet attained 60 years of age.
``(2) Sunset of limitation.--Paragraph (1) shall cease to
be effective on such date as the Convention on International
Civil Aviation provides that a pilot who has attained 60
years of age may serve as pilot-in-command in international
commercial operations without regard to whether there is
another pilot in the flight deck crew who has not attained
age 60.
``(d) Sunset of Age 60 Retirement Rule.--On and after the
date of enactment of this section, section 121.383(c) of
title 14, Code of Federal Regulations, shall cease to be
effective.
``(e) Applicability.--
``(1) Nonretroactivity.--No person who has attained 60
years of age before the date of enactment of this section may
serve as a pilot for an air carrier engaged in covered
operations unless--
``(A) such person is in the employment of that air carrier
in such operations on such date of enactment as a required
flight deck crew member; or
``(B) such person is newly hired by an air carrier as a
pilot on or after such date of enactment without credit for
prior seniority or prior longevity for benefits or other
terms related to length of service prior to the date of
rehire under any labor agreement or employment policies of
the air carrier.
``(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 this section in conformance with
section 121.383(c) of title 14, Code of Federal Regulations
(as in effect before such date of enactment), 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.
``(f) 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.
``(g) 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 Secretary determines (based on data received
or studies published after the date of enactment of this
section) 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.
``(h) Safety.--
``(1) Training.--Each air carrier engaged in covered
operations shall continue to use pilot training and
qualification programs approved by the Federal Aviation
Administration, with specific emphasis on initial and
recurrent training and qualification of pilots who have
attained 60 years of age, to ensure continued acceptable
levels of pilot skill and judgment.
``(2) Line evaluations.--Not later than 6 months after the
date of enactment of this section, and every 6 months
thereafter, an air carrier engaged in covered operations
shall evaluate the performance of each pilot of the air
carrier who has attained 60 years of age through a line check
of such pilot. Notwithstanding the preceding sentence, an air
carrier shall not be required to conduct for a 6-month period
a line check under this paragraph of a pilot serving as
second-in-command if the pilot has undergone a regularly
scheduled simulator evaluation during that period.
``(3) GAO report.--Not later than 24 months after the date
of enactment of this section, the Comptroller General shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
concerning the effect, if any, on aviation safety of the
modification to pilot age standards made by subsection
(a).''.
(b) Clerical Amendment.--The analysis for chapter 447 of
title 49, United States Code, is amended by adding at the end
the following:
``44729. Age standards for pilots.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Minnesota (Mr. Oberstar) and the gentleman from Wisconsin (Mr. Petri)
each will control 20 minutes.
The Chair recognizes the gentleman from Minnesota.
General Leave
Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
on the pending bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this legislation will raise the retirement age for
commercial airline pilots from age 60 to age 65. For more than three
generations, pilots have been required to retire from commercial
aviation when they reach age 60. There have been a number of changes in
both the medical condition, the medical examination of pilots,
recurring, more intensive medical reviews, that argue for a longer
period of time for the age of retirement of commercial pilots. There
have been
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changes in the economics of aviation that have rearranged the
retirement plans for pilots in midstream, in some cases wiping out
retirement plans altogether, in other cases totally restructuring them,
which two factors argue for a change in the retirement age.
We responded to those changed circumstances in the FAA
Reauthorization Act of 2007, which moved from our committee through the
House on September 20th. It was our hope that the other body would move
ahead with an FAA reauthorization bill. That hasn't happened.
As time went on and the other body continued to be locked in whatever
difficulties they encounter, there were increasing appeals from pilots,
from airlines, from the traveling public, frankly, to separate out this
provision from our reauthorization bill. I was very reluctant to do
that, in hopes that we would use this provision, among others, as
leverage and as part of our integral package on FAA reauthorization.
Clearly, the other body is not going to even move a bill through
committee in the waning days of this session. It then became clear to
me there was no reason further to delay action on this matter of
justice for commercial airline pilots.
Furthermore, the FAA forecasts an increase in airline travel to more
than 1 billion passengers in the next 7 to 8 years, and retirements
among airline pilots are up 173 percent. We are seeing almost every day
five or more of the most senior experienced pilots retiring. We ought
to provide this relief. We ought to separate this provision out from
our House-passed bill and provide a measure of justice and economic
relief for pilots.
In the reauthorization bill, the provisions that we included for this
age relief are drawn out and included in H.R. 4343. One, pilots who
have reached age 60, to serve beyond that time frame, must have a
first-class medical certificate renewed every 6 months. Second, they
must continue to participate in FAA pilot training and qualification
programs to ensure acceptable levels of skill and judgment. Three, they
must submit to a line check every 6 months. That assures that pilots
who are continuing to serve beyond age 60 will meet all the threshold
requirements of skill, capability, alertness and responsiveness to
their ever-increasingly difficult challenges.
In addition, our bill requires international flights leaving the U.S.
to have at least one pilot under the age of 60. That applies
international standards in the flight deck. This requirement would
terminate if the international standard were changed.
The increased pilot age limit is not retroactive, however, and does
not allow pilots who reached age 60 prior to enactment to serve as
commercial pilots unless they are employed by an air carrier as a
required flight deck crew member, or are newly hired on after the date
of enactment without credit for prior service.
I believe that moving this legislation now, if we can also get it
through the other body in quick order, will have a profound and
personal effect on the lives of thousands of pilots who otherwise would
be forced to retire. We have had consensus within the committee on this
issue. The question is whether we should take it out at this time or
leave it in the House-passed bill for consideration later in conference
with the other body.
Clearly, as I said earlier, we are not going to get to that point,
and Mr. Costello has advocated strongly that we consider at an
appropriate time moving the legislation separately, and he is the Chair
of the Aviation Subcommittee. Mr. Mica has been a strong advocate for
early action on this legislation, apart from our authorization bill.
Mr. Petri, the same, and other pilot members of our committee have
similarly advocated.
So I think we move ahead with a broad consensus measure that should
pass the House readily and hopefully the other body as well.
Mr. Speaker, I reserve the balance of my time.
Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would first like to welcome the chairman of our
committee back. It is good to see you standing strong and firm after
elective surgery and a couple of weeks hospitalization, and bringing a
Christmas present with you to the pilots of our country, especially
those who otherwise might be forced to retire if this is unnecessarily
delayed.
As you pointed out, we hoped to move it in a timely fashion. A year
ago, the international community lowered the standard to 60. Now we are
in a transition period, and we hope this passes today and the Senate
acts in a speedy fashion, because each day we delay, a few more
people's careers are disrupted unnecessarily. So I thank you for
scheduling this.
Mr. Speaker, I yield such time as he may consume to the ranking
Republican on the Public Works and Transportation Committee, the
gentleman from Florida (Mr. Mica).
Mr. MICA. Mr. Speaker, I thank the gentleman for yielding.
First of all, I too want to welcome back Mr. Oberstar. Mr. Oberstar,
he and I have had the great experience of working since 15 years ago
when I came to Congress. He was chairman of Aviation. I became the
ranking member on the Republican side when he became Chair of the
committee.
We had a great year. We probably passed more legislation than any
other committee. We passed an historic water resources bill. We
actually did, I think, the 107th override of a Presidential veto. We
agreed in a bipartisan fashion to invest in our Nation's
infrastructure. I am sorry Mr. Oberstar wasn't here to see that
glorious day.
It is very lonely not having either him fighting with you or not
having him here to fight with. But we are pleased he is back, and
hopefully had an experienced Republican physician doing all those
titanium additions to his spine. But he looks great and we are pleased
to have him here.
I am also pleased that through his leadership, and a joint bipartisan
effort, and I wrote him on December 5, and I will include this letter
as part of the Record, saying while I oppose taking other measures out
of the pending FAA reauthorization, I want to keep the pressure on, we
need to pass that bill, that there is a particular provision whose
interest is paramount to that legislation, and that is doing away with
an obsolete and unfair FAA mandatory retirement rule that every day is
penalizing our pilots. In fact, more than 50 of our Nation's most
experienced pilots of commercial airliners are forced to retire.
Now, this bill is entitled the Fair Treatment for Experienced Pilots
Act. I would like to also give a personal example of why I think this
is important. The title is important. I might even want to amend the
title in honor of one of the guys I went to college with, a buddy of
mine. His name is Bob Fobes.
Most people in Congress don't know Bob Fobes, but Bob and I were
fraternity brothers, went to the University of Florida. Let me tell
you, there is nobody more devoted as far as a pilot. I think the only
thing that Bob is devoted to, other than his wife Laurie and his
family, is flying, and Bob has not failed on any occasion to mention to
me that he is going to be affected by this particular outdated rule
that was passed nearly a half a century ago when males and females
didn't live as long as they do in our society.
So we are addressing something that personally affects folks like Bob
Fobes and thousands of other pilots who are dedicated to one of the
great professions that has given the world and America in particular a
magic carpet to get around to places that people would not have even
imagined they could be 50 years ago.
As of November 2006, we also know that foreign airline pilots are
allowed to fly up to age 65, so our counterparts across the Atlantic
are doing this. The U.S. sets up a double standard, unfortunately, and
I think it is a disadvantage to the flying public to, again, not have
our most experienced individuals in the cockpit and being able to fly.
As Chairman Oberstar pointed out, there are additional protections
here for the flying public that these individuals will be subject to,
even more medical exams, making certain that they are fit and capable
even in these additional years that we grant.
The Freedom to Fly Act, H.R. 1125, was introduced earlier into the
Transportation and Infrastructure Committee by one of our outstanding
leaders in aviation, also a pilot, Robin Hayes, the gentleman from
North Carolina, and he has 313 bipartisan sponsors on his legislation.
Robin
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Hayes cannot be here, so I also wanted to give credit to not only
Chairman Oberstar, Mr. Costello and Mr. Petri, but also Robin Hayes,
who has worked tirelessly to make certain that this legislation and
this particular measure comes before the House.
This is the right thing to do at the right time. I would like to
thank again all those who have been involved, and some of the staff
members on both sides of the aisle who helped bring this measure
forward. I encourage Members to vote ``yes'' on this very sensible and
desperately needed legislation.
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, December 5, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
Washington, DC.
Dear Chairman Oberstar: It is very clear that legislation
to reauthorize the Federal Aviation Administration will not
be signed into law before the end of this year. Therefore, I
strongly believe it is our obligation and this Committee's
responsibility to see to it that our most experienced pilots
are permitted to continue flying commercial aircraft.
You and I have both received bipartisan request letters
from our colleagues urging passage of legislation to increase
the current retirement age for thousands of commercial
airline pilots across the country. Moreover, H.R. 1125, The
Freedom to Fly Act, has 313 bipartisan cosponsors, including
many Members who serve on our Committee.
I look forward to working with you to move a compromise
bill before Congress adjourns this session.
Sincerely,
John L. Mica,
Ranking Republican Member.
Mr. OBERSTAR. Mr. Speaker, I yield myself 30 seconds to express my
appreciation to Mr. Petri and Mr. Mica for their good wishes and the
welcome back. It is a good feeling to have recovered from rather
extensive surgery. I am fond of saying now I have more metal in my neck
than in some of my bicycles, because they are carbon fiber and these
are titanium rods and screws, and I am learning to live in a different
way with this new architecture in my cervical spine. But it is a good
feeling to recover use of hands and arms and be able to function fully
and normally. I am grateful to both gentlemen for their good wishes and
for all those colleagues who sent good wishes and cards and good eats.
Mr. Speaker, I yield such time as he may consume to the distinguished
chairman of the Aviation Subcommittee, the gentleman from Illinois (Mr.
Costello).
Mr. COSTELLO. Mr. Speaker, I too would like to join our colleagues on
the other side the aisle in welcoming our chairman back. Let me say
that on this legislation, I think Chairman Oberstar, as he always does,
has summarized the legislation very well. We have a similar provision
in H.R. 2881 that we passed out of the House on September 20, and,
unfortunately, as Chairman Oberstar indicated, it is pending in the
other body.
It makes sense to pass this legislation at this time. We are hopeful
that by doing so today that the other body will act quickly and we, in
fact, can get this over to the President and signed into law.
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Many changes have taken place since the FAA arbitrarily imposed the
age 60 rule in 1960. The age expectancy of a person living in the
United States then versus today goes from 60-something-years-old, in
the early 1960s, to 77 years today. We have other provisions in the
legislation, as Chairman Oberstar indicated, on international flights
that make certain that there is at least one person in the flight crew
60 years old or under 65. Secondly, we have provisions to make certain
that physicals and other health care issues are addressed by pilots
that will qualify.
Let me say that I strongly support this legislation. As Chairman
Oberstar indicated, both Mr. Petri and Mr. Mica, myself, Mr. Hayes, and
other members of the committee have broached this subject and attempted
to bring it to the floor before today. I am very pleased that we are
moving on this legislation. I urge a ``yes'' vote.
Mr. PETRI. Mr. Speaker, I urge all of my colleagues to support this
needed legislation.
Since 1959, the Federal Aviation Administration, FAA, has required
commercial airline pilots to retire at age 60.
This mandatory retirement rule was initially put in place for safety
reasons, although some have argued that the FAA had little
scientifically backed data in 1959 to support the safety mandate.
In any event, the ``Age 60 Rule,'' as it is known, soon became
accepted practice.
For many years the International Civil Aviation Organization, ICAO,
also required commercial airline pilots to retire at age 60. However,
in November 2006, a new ICAO standard went into effect, allowing a
pilot to fly up to age 65, as long as the co-pilot is under age 60.
This change in ICAO standard resulted in an immediate double
standard.
Regardless of FAA's policy, as of November 23, 2006, foreign pilots
flying into the U.S. are allowed to fly up to age 65, provided the co-
pilot is age 60 or younger. Yet, U.S. pilots must retire as soon as
they reach 60 years of age.
Clearly, we now have a fairness issue that must be addressed.
This new double standard has caused a groundswell of U.S. pilots
close to retirement to push for a similar change to FAA standards.
In response to the change in the ICAO standard, the FAA announced
that it would initiate an ``Age 60'' review and rulemaking process. The
FAA no longer assumes that once a pilot reaches age 60 they are
automatically unsafe.
All the groups involved have done excellent work to save not only
their careers and the careers of their colleagues, but to keep the
skies as safe as possible.
The FAA has forecasted that by 2015 the U.S. will have 1 billion
passengers flying annually. We also are facing a pilot shortage in the
near future.
Clearly, we must do everything we can to ensure that our most
experienced pilots are able to continue to fly as long as safety is not
compromised.
This legislation provides for additional medical and training
requirements for pilots ages 60 through 65 to address any possible
safety concerns. It is a well-thought-out bill, which evens the playing
field while ensuring aviation safety.
I would like to thank the chairman of the full committee, Mr.
Oberstar, the ranking member of the Transportation and Infrastructure
Committee, Mr. Mica, and the chairman of the Aviation Subcommittee, Mr.
Costello, for all their hard work on this long sought after
legislation.
This is a good, bipartisan bill, and I encourage members to vote
``yes'' on H.R. 4343.
I yield back the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I do want to join Mr. Mica in sending
compliments to Mr. Hayes, a member of our committee, who has been a
strong advocate, even before we began our reauthorization legislation,
for changing the age. But he along with other pilots on the committee,
Mr. Boswell, Mr. Salazar, formed a united front and a bipartisan front
well before we began our work on the FAA reauthorization bill. So we
give them joint credit and appreciation for their support from this
initiative.
It is our hope in passing this bill today that the other body will
act quickly on it without much ado. That would be a great initiative, a
great sign of progress at these penultimate hours of the first session
of the 110th Congress.
Ms. HIRONO. Mr. Speaker, I rise in support of the Fair Treatment for
Experienced Pilots Act of 2007.
This legislation will help address America's pilot shortage and
improve airline safety, by enabling experienced pilots to continue
flying instead of being forced into retirement.
Every week, 50 of our most experienced pilots are forced to retire as
they reach the current mandatory retirement age of 60.
The Fair Treatment of Experienced Pilots Act would raise the
retirement age to 65, in recognition that pilots who are 60 are still
fully capable of flying. In fact, their experience often makes them
better and safer pilots. This commonsense legislation includes
requirements for pilots' health, training and evaluation.
Tourism is Hawai`i's major industry, and millions of visitors come to
Hawai`i by air every year. We recognize the importance of the airline
industry to our visitors as well as our residents who travel often for
business, to visit family and friends and go on vacations.
Clearly, having experienced pilots on our nation's airlines is
important to Hawai`i and America.
Many of our older pilots are also veterans who served our country in
the military. So we are not only talking about the fair treatment of
pilots, but also the fair treatment of veterans. Fairness requires us
to allow experienced, highly capable pilots to continue flying--and not
to be forced into retirement once they turn 60.
This legislation has bipartisan support because it is good policy.
This legislation helps
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airlines and the flying public by improving safety and mitigating the
pilot shortage.
As a member of the House Transportation and Infrastructure Committee
and the Subcommittee on Aviation, I want to acknowledge the leadership
of Chairman Oberstar, the sponsor this bill.
I urge my colleagues to join me in support of the Fair Treatment for
Experienced Pilots Act of 2007.
Mr. OBERSTAR. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Minnesota (Mr. Oberstar) that the House suspend the
rules and pass the bill, H.R. 4343.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. OBERSTAR. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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