The Dispatch Reports on the FAA Reauthorization Debate

(Reprinted by permission of The Dispatch)

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Congress Debates Airline Pilot Safety Measures

By Price St. Clair

Jul 28, 2023

7/28/23, 2:09 PM Congress Debates Airline Pilot Safety Measures – The Dispatch

https://thedispatch.com/newsletter/uphill/congress-debates-airline-pilot-safety-measures/ 2/12

An American Airlines plane prepares to land at the Miami International Airport on May 2, 2023. (Photo by

Joe Raedle/Getty Images)

Reauthorizing the Federal Aviation Administration (FAA) every few years is

typically a routine congressional act. But this year, a shortage of airline pilots

is contributing to widespread cancellations and chaos at American airports,

and lawmakers are sparring over proposed solutions FAA reauthorization

could codify.

With current authorizations set to expire on September 30, achieving

consensus on aviation issues will be one of the top items on Congress’ to-do

list once it returns from the August recess that began today.

Though multiple factors have contributed to the pilot shortage, one of the

most commonly cited is airline carriers’ decision in the early days of the

COVID-19 pandemic to offer pilots and other employees early retirement

packages as a cost-cutting measure. After more workers than expected took

those offers, and as travel increased as the pandemic eased, demand for flights

has outstripped the supply of crews.

A grassroots group of pilots is now asking Congress to mitigate the problem by

making one simple change: Raising the mandatory retirement age for airline

pilots from 65 to 67. Despite opposition from the largest pilots’ union in the

world (the Air Line Pilots Association, or ALPA) and the skepticism of union

friendly Democrats, they’re making progress.

The House’s version of the FAA reauthorization legislation included an

amendment by Texas Rep. Troy Nehls, whose brother is a pilot, to raise the

retirement age. Democrats on the House Transportation and Infrastructure

Committee initially voted against adding Nehls’ amendment, but the bill itself

passed the full chamber last week with a large, bipartisan majority.

“That bill that started out as a grassroots effort to raise the age from 65 to 67

that we’ve worked so hard to insert has suddenly found huge bipartisan

support,” says Barry Kendrick, a pilot who was recently forced to retire from

airline flights due to the rule and the president of a nonprofit group

advocating for the policy change. “And now the Senate is taking on the same

issue.”

The FAA first introduced the “Age 60 Rule” in 1959, purportedly for safety

reasons, though backroom political dealing surrounding American Airlines’

eagerness to recruit young ex-military pilots may have also played a role. For

years afterward, ALPA opposed the rule, arguing it constituted age

discrimination. In 2007, Congress raised the age to 65 by a unanimous vote,

putting the U.S. in line with an emerging international standard.

At the time, ALPA praised Congress’ decision despite having opposed it before

the vote. Today, its tune is different. The Let Experienced Pilots Fly Act” will

complicate airline operations, add to costs and delays, disrupt collective

bargaining agreements, and has not been validated by the FAA,” the groups

says. The Biden administration’s position is more restrained but comes to the

same conclusion: “Making this change without doing research and

establishing any necessary policies would be outside the international

standard,” the White House said in a statement of policy last week.

But Kendrick’s group argues that this is misleading, and that there is plenty of

evidence that pilots flying over the age 65 is safe: Canada, Japan, Australia,

New Zealand and other countries allow it without incident. U.S. pilots are

tested on their competence in advanced simulators every six to nine months,

and those over the age of 40 undergo additional medical testing frequently.

And since the profession as a whole skew slightly older than the American

workforce, Kendrick has been telling congressional offices that “the area you

need to be concerned about is not safety on the upper age limit, it’s the safety

on the lower age limit.”

“Due to the pilot shortage, inexperienced pilots are being forced into these

captain positions at a faster rate than their experience will allow them to get,”

he says. “Experience matters.”

While pilots older than 65 currently wouldn’t be able to fly internationally due

to the International Civil Aviation Organization’s (ICAO) rules, domestic

flights are where the demand is most pressing. It’s plausible that ICAO would

adjust its rules to catch up to the United States, as happened after the Age 60

Rule was originally introduced. The International Air Transport Association,

which represents airlines across the world, supports such a change, and the

age limitations issue is on the agenda for an ICAO conference in Montreal next

month.

Kendrick insists that this shouldn’t be a partisan issue, and that his group isn’t

motivated by anti-union politics. “We are all proud union members and agree

with our unions on many issues—just not this one,” he says.

But the group agrees that ALPA has gotten this issue wrong, letting its desire

to secure good contracts for younger pilots outweigh the interests of more

experienced pilots as well as the “flying public.”

Republicans have tended to embrace the issue more eagerly than Democrats,

who have been more wary of bucking ALPA’s position. But the effort in the

Senate, led by South Carolina Republican Lindsey Graham, has at least two

Democratic co-sponsors—Joe Manchin of West Virginia and former naval

aviator and astronaut Mark Kelly of Arizona. And that may be enough to get

the final, bipartisan product to the president’s desk with the age-raising

provision intact.

“We’re working on it every day,” Graham tells The Dispatch. “I think it will

help the consumer a lot.”

In addition to the retirement age issue, the Senate will consider another

amendment meant to address the pilot shortage after its August recess. Sens.

John Thune and Kyrsten Sinema propose allowing 150 hours of simulator

training to count toward the 1,500 hours of total training required to become a

pilot. Disagreement over that idea among the members of the Commerce

Committee has been a major sticking point delaying the Senate’s action on the

broader FAA legislation.

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