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CLAUDE PEPPER
11th District, Florida

COMMMITTEE ON RULES

MRS. MILDRED WALLER
EXECUTIVE ASSISTANT

JAMES F. SOUTHERLAND
ADMINISTRATIVE ASSISTANT

WILLIAM A. ROBERTS
LEGISLATIVE ASSISTANT

Congress of the United States
House of Representatives
Washington, D.C. 20515

February 7, 1968

My dear Mr. Secretary:

Particularly since the passage last year of the Age Discrimination in Employment Act of 1967 (S.830, 90th Congress, Public Law 90-202), I think it is important for all affected Federal agencies to review the age limits which are set in their respective regulations. In the case of the Department of Transportation, I am especially concerned with Federal Aviation Regulations, Part 121.383 (c) which reads: "No certificate holder may use the services of any person as a pilot on an airplane engaged in operations under this part if that person has reached his 60th birthday. No person may serve as a pilot on an airplane engaged in operations under this part if that person has reached his 60th birthday."

This policy, in my judgment, is unduly restrictive and does not take adequately into account the other criteria of physical and mental ability which the various airlines and the Federal Aviation Agency take into account in permitting men to serve as pilots.

As James E. Meals, Director of Government and Legislative Affairs of the Air Line Pilots Association, stated to the Subcommittee of the Senate Committee on Labor and Public Welfare considering this legislation last spring:

"The pilot of a certificated air carrier is the most regulated individual employed in private enterprise and we don't believe that he should be subjected to further deprivation of freedom in job opportunities based on strictly economic factors viewed from only one side, with no consideration from his viewpoint and with a complete disregard of such legislation as is before your Committee at this time. We further believe that the present mandatory retirement by rule of the Federal Aviation Agency compelling an air line pilot to retire at age 60 is discriminatory and should be subjected to an intensive look on behalf of your Committee."

The discrimination against the older air line pilots is compounded by the fact that, although they are now by FAA ruling, compelled to retire by their 60th birthday, they cannot receive Social Security benefits in full until the age of 65 and even at a reduced rate before the age of 62. Attempts were made in the course of delibrations on the Social Security Act