[Congressional Record (Bound Edition), Volume 153 (2007), Part 25]
[House]
[Pages 33690-33693]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1445
               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--

[[Page 33691]]

       ``(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 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.

[[Page 33692]]

  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 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.

                              {time}  1500

  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

[[Page 33693]]

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 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.

                          ____________________