[Senate Hearing 116-610]
[From the U.S. Government Publishing Office]






                                                        S. Hrg. 116-610
 
                     IMPROVING AIR TRAFFIC CONTROL
                   FOR THE AMERICAN PEOPLE: EXAMINING
                           THE CURRENT SYSTEM

=======================================================================

                                HEARING

                               before the

                   SUBCOMMITTEE ON AVIATION AND SPACE

                                 of the

                         COMMITTEE ON COMMERCE,
                      SCIENCE, AND TRANSPORTATION
                          UNITED STATES SENATE

                     ONE HUNDRED SIXTEENTH CONGRESS

                             FIRST SESSION

                               __________

                           SEPTEMBER 24, 2019

                               __________

    Printed for the use of the Committee on Commerce, Science, and 
                             Transportation
                             
                             
                             
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          U.S. GOVERNMENT PUBLISHING OFFICE 
 52-752 PDF          WASHINGTON : 2023
                
                
                
                
                
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                     ONE HUNDRED SIXTEENTH CONGRESS

                             FIRST SESSION

                  ROGER WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington, 
ROY BLUNT, Missouri                      Ranking
TED CRUZ, Texas                      AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska                RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska                 EDWARD MARKEY, Massachusetts
CORY GARDNER, Colorado               TOM UDALL, New Mexico
MARSHA BLACKBURN, Tennessee          GARY PETERS, Michigan
SHELLEY MOORE CAPITO, West Virginia  TAMMY BALDWIN, Wisconsin
MIKE LEE, Utah                       TAMMY DUCKWORTH, Illinois
RON JOHNSON, Wisconsin               JON TESTER, Montana
TODD YOUNG, Indiana                  KYRSTEN SINEMA, Arizona
RICK SCOTT, Florida                  JACKY ROSEN, Nevada
                       John Keast, Staff Director
                  Crystal Tully, Deputy Staff Director
                      Steven Wall, General Counsel
                 Kim Lipsky, Democratic Staff Director
              Chris Day, Democratic Deputy Staff Director
                      Renae Black, Senior Counsel
                                 ------                                

                   SUBCOMMITTEE ON AVIATION AND SPACE

TED CRUZ, Texas, Chairman            KYRSTEN SINEMA, Arizona, Ranking
JOHN THUNE, South Dakota             BRIAN SCHATZ, Hawaii
ROY BLUNT, Missouri                  TOM UDALL, New Mexico
JERRY MORAN, Kansas                  GARY PETERS, Michigan
CORY GARDNER, Colorado               TAMMY DUCKWORTH, Illinois
MARSHA BLACKBURN, Tennessee          JON TESTER, Montana
SHELLEY MOORE CAPITO, West Virginia  JACKY ROSEN, Nevada
MIKE LEE, Utah
                            C O N T E N T S

                              ----------                              
                                                                   Page
Hearing held on September 24, 2019...............................     1
Statement of Senator Cruz........................................     1
Statement of Senator Sinema......................................     2
Statement of Senator Thune.......................................    45
Statement of Senator Moran.......................................    46
Statement of Senator Rosen.......................................    50

                               Witnesses

Mark Baker, President, Aircraft Owners and Pilots Association....     5
    Prepared statement...........................................     7
Ed Bolen, President and CEO, National Business Aviation 
  Association....................................................    11
    Prepared statement...........................................    12
Captain Joe DePete, President, Air Line Pilots Association, 
  International (ALPA)...........................................    15
    Prepared statement...........................................    16
Trish Gilbert, Executive Vice President, National Air Traffic 
  Controllers Association, AFL-CIO (NATCA).......................    21
    Prepared statement...........................................    22
Sharon Pinkerton, Senior Vice President, Legislative and 
  Regulatory Policy, Airlines for America........................    33
    Prepared statement...........................................    34

                                Appendix

Response to written question submitted to Mark Baker by:
    Hon. Jerry Moran.............................................    53
    Hon. Gary Peters.............................................    54
Response to written question submitted to Edward Bolen by:
    Hon. Gary Peters.............................................    54
Response to written questions submitted to Joe DePete by:
    Hon. John Thune..............................................    55
    Hon. Jerry Moran.............................................    56
    Hon. Gary Peters.............................................    56
Response to written questions submitted to Trish Gilbert by:
    Hon. Gary Peters.............................................    56
    Hon. Jacky Rosen.............................................    57
Response to written questions submitted to Sharon Pinkerton by:
    Hon. Gary Peters.............................................    59


                     IMPROVING AIR TRAFFIC CONTROL



         FOR THE AMERICAN PEOPLE: EXAMINING THE CURRENT SYSTEM

                              ----------                              


                      TUESDAY, SEPTEMBER 24, 2019

                               U.S. Senate,
                Subcommittee on Aviation and Space,
        Committee on Commerce, Science, and Transportation,
                                                    Washington, DC.
    The Subcommittee met, pursuant to notice, at 2:30 p.m. in 
room SD-562, Dirksen Senate Office Building, Hon. Ted Cruz, 
Chairman of the Subcommittee, presiding.
    Present: Senators Cruz [presiding], Thune, Moran, Sinema, 
Peters, Tester, and Rosen.

              OPENING STATEMENT OF HON. TED CRUZ, 
                    U.S. SENATOR FROM TEXAS

    Senator Cruz. This hearing is called to order.
    Good afternoon. Welcome.
    Since the beginning of human history, man has dreamed of 
flight. From the earliest Sumerian depictions of King Atana to 
those famous 12 seconds at Kitty Hawk, to the invention of 
supersonic aircraft, we have pushed the bounds of what is 
possible, and we have revolutionized travel in the process. 
What was once novel--and, yes, even dangerous--has become 
commonplace bordering on mundane and is, year over year, the 
safest way to travel in the world.
    In 2018 alone, U.S. and foreign airlines carried a combined 
one billion passengers, roughly one-eighth of the entire global 
population. And right now I can fly from D.C. to Texas for less 
than $100. We have democratized transportation in a way that 
the Wright Brothers could never have imagined.
    This evolution has not come without challenges. From deadly 
and often preventable crashes, to simply setting up a system to 
manage the traffic in our skies, we have had to engineer safer 
machines, craft new regulations for industry, and invent new 
systems to meet our needs. In short, we have had to adapt as 
the landscape has changed, which brings us to the topic of 
today's hearing: improving and modernizing air traffic control 
for the American people.
    I want to make clear from the start that while I am sure 
the air traffic control reform efforts of previous Congresses 
are on the minds of all of our witnesses today, that is not 
what this hearing is about. While those efforts and the Members 
who engaged in them, including the Ranking Member of this 
Subcommittee, showed bold leadership in challenging the status 
quo, we are not here today to rehash old fights. This is not a 
hearing on the Shuster proposal or on the Clinton 
administration initiative or on President Reagan's Commission 
on Privatization or any other specific proposal or effort. 
Rather, the purpose of today's hearing is to examine the 
current landscape, to discuss what works and what does not and 
what you, the stakeholders, like and do not like and to open a 
new avenue for dialogue.
    Every one of our witnesses here today in their written 
testimony has highlighted that the current air traffic control 
system has problems, real and meaningful problems, whether this 
is certainty of funding or lack thereof, the slow pace of 
technological procurement and deployment, or the delays caused 
by inefficiencies in the current system. So too, however, have 
every one of our witnesses made unambiguously clear how 
important aviation is to our Nation.
    As everyone knows, last Congress we reauthorized the FAA 
for another 5 years. While that bill ultimately does not have 
all of the kinds of bold reforms that I would have liked and 
others would have hoped for, we now have a unique opportunity 
in front of us to look at creating a new system that works for 
all aviation stakeholders and for the American people and that 
ensures that we can always be flying.
    The point of this hearing today is to explore the tangible 
benefits of what a new reform system should contain: better 
flight plan management for general aviation, more direct routes 
for commercial flights, lower fuel consumption and emissions, 
which will lower costs for everyone and more certainty for 
those who do the hard work of running the system.
    On the emissions component alone, the full deployment of a 
new GPS-based system, ADS-B, could eliminate 14.3 million 
metric tons of CO2 over 10 years. But unfortunately 
that effort has been stymied by a system plagued with obstacles 
that range from funding to bureaucratic inertia.
    Fortunately, we do not have to reinvent the wheel on 
reform. Sixty-four other countries, including our neighbor to 
the north, have reformed their air traffic control systems, and 
we can learn from these countries about what has worked and 
what should be avoided in developing reforms that reap the 
benefits without the pitfalls.
    As I stated earlier, today's hearing is not about a 
specific proposal or ideas or about rehashing old fights. It is 
about resetting the conversation. There is a deal to be had 
here, a win-win for all of the stakeholders and for the 
American people. And I firmly believe by coming together that 
we can reform the system to ensure that Americans can always be 
flying.
    With that, I recognize the Ranking Member, Senator Sinema.

               STATEMENT OF HON. KYRSTEN SINEMA, 
                   U.S. SENATOR FROM ARIZONA

    Senator Sinema. Thank you, Mr. Chairman, and thank you to 
all of our witnesses for being here today.
    The U.S. national airspace system is the largest and most 
complex airspace in the world. And thanks to our nation's air 
traffic controllers, it is also the safest. To remain in this 
position, we need to continue to improve the safety, 
efficiency, and capacity of our airspace.
    Arizona is home to one of the largest airports in the 
country, Phoenix Sky Harbor International Airport, and the 
world's busiest general aviation airport, Phoenix Deer Valley 
Airport, as well as smaller commercial airports and military 
installations. With our complex airspace, our air traffic 
controllers need the best available technologies to keep us 
safe.
    For years I have worked in a bipartisan fashion to 
modernize air traffic control and ensure it has reliable 
resources. In Arizona and across the country, we are beginning 
to see increased delays and longer travel times due in part to 
irregular and uncertain FAA funding. Stable, predictable 
funding ensures our airspace remains safe and we continue to 
modernize our air traffic control programs.
    Unfortunately, over recent years, we have experienced 
lapses in funding that have set us back. The Federal Government 
shutdown earlier this year forced controllers to work without 
pay and temporarily close the rest of the FAA. This negatively 
impacted the lives of controllers, increased risks in the 
system, exacerbated long-term FAA staffing shortages, and 
delayed the implementation of new NextGen technologies.
    Controllers in Arizona reached out to me to explain the 
strain caused by the shutdown. One controller named Aaron works 
at the Prescott Regional Airport and is a combat veteran with a 
wife and four children. Three of his children have chronic 
illnesses, and Aaron's wife stepped down from her job in order 
to care for them. Aaron told me about the significant financial 
strain on his family due to the shutdown. After working for 
more than a month without a paycheck, he had to decide between 
paying for his children's medical treatment and putting food on 
the table. This is unacceptable. An unpaid, overworked 
controller is not a controller at his or her best.
    One of the topics I would like the witnesses to discuss 
today is S. 762, the Aviation Funding Stability Act of 2019. 
This bipartisan bill would provide funding for all FAA 
activities in the event of a government shutdown by utilizing 
the airport and airway trust fund. Not getting paid while 
working overtime increases stress, generates fatigue, and 
limits responsiveness in the case of an emergency. Controllers 
handle an average of 44,000 flights daily and they enable our 
airspace to be as safe and as efficient as it is. This common 
sense approach ensures that controllers get paid for doing 
their jobs even when Congress does not do its job.
    Additionally, to remain a leader in air traffic safety, we 
must focus on how to modernize current practices. Some of these 
improvements include ATC workforce reform and the on-schedule 
deployment of NextGen technologies.
    Current hiring practices at the FAA make it difficult to 
hire the most qualified individuals, and that is why I 
partnered with a bipartisan group of Members to sponsor the ATC 
Hiring Reform Act of 2019. Our bill accelerates air traffic 
control hiring and gives priority to veterans and graduates of 
certain specialized training schools. Arizona offers some of 
the best conditions in the country for aviation training and is 
home to two of those schools, ASU Polytechnic in Mesa and 
Embry-Riddle Aeronautical University in Prescott. I am 
committed to supporting the qualified students and veterans who 
will soon serve as pilots, mechanics, and air traffic 
controllers to keep our passengers in the sky safe.
    We also need to continue to improve current technologies 
and implement new technologies to monitor our airspace. The FAA 
is doing just this as it continues to deploy NextGen 
technologies. This effort will further improve the safety and 
efficiency of our airspace by giving pilots and air traffic 
controllers new monitoring capabilities. Modernizing how we 
control our airspace is difficult under the best of conditions, 
and delays due to red tape and funding lapses make 
modernization even more difficult.
    I look forward to hearing from our witnesses on ways we can 
address these issues and other issues that we face as a 
country.
    Thank you, Mr. Chairman. I yield back.
    Senator Cruz. Thank you.
    I will now introduce each of our witnesses. Our first 
witness is Mr. Mark Baker. Mr. Baker is the CEO and only the 
fifth president in its 80-year history of the Aircraft Owners 
and Pilots Association. For over 35 years, Mr. Baker has 
engaged in the general aviation community, and as a pilot, he 
has logged more than 7,500 hours of flight time.
    Prior to joining AOPA, Mr. Baker served as CEO of Orchard 
Supply Hardware Stores Corporation and in senior executive 
roles at Scott's Miracle Grow Company, Gander Mountain Company, 
and Home Depot.
    Mr. Baker is a graduate of the University of Minnesota.
    Our second witness is Mr. Ed Bolen. Mr. Bolen is the 
President and CEO of the National Business Aviation 
Association.
    Prior to joining NBAA, Mr. Bolen worked at the General 
Aviation Manufacturers Association, first as Senior Vice 
President and General Counsel and then as President. In 2001, 
Mr. Bolen was nominated by President Bush to serve as a member 
of the Commission on the Future of the U.S. Aerospace Industry. 
Prior to this, Mr. Bolen was nominated by President Clinton and 
confirmed by the Senate to serve on the Management Advisory 
Council to the FAA.
    Mr. Bolen received his degree in economics from the 
University of Kansas, his first law degree from Tulane 
University and his Master's of Law from Georgetown University 
Law Center.
    Our third witness is Captain Joe DePete. Captain DePete 
currently serves as the 11th President of the Air Line Pilots 
Association, which represents over 63,000 professional airline 
pilots in the United States and Canada. In addition to this 
role, Captain DePete also serves as a member of the 
Transportation Security Administration's Aviation Security 
Advisory Committee and as Co-Chair of its International 
Aviation Security Committee.
    Prior to his role as President of ALPA, Captain DePete 
served as ALPA's first Vice President and National Safety 
Coordinator, as an ALPA Executive Vice President, FedEx Express 
Master Executive Council Chairman and local Executive Council 
Chairman.
    Captain DePete is a graduate of St. John's University and 
got his start in aviation flying the KC-130 while serving as a 
Captain in the U.S. Marine Corps.
    Our fourth witness is Ms. Trish Gilbert. Ms. Gilbert 
currently serves as the Executive Vice President of the 
National Air Traffic Controllers Association.
    Prior to serving in this role, Ms. Gilbert worked for 21 
years as an Air Traffic Controller at the Houston Air Route 
Traffic Control Center at George Bush Intercontinental Airport. 
She served in many roles within the controllers union, 
including facility representative, southwest region chair of 
the National Legislative Committee, and Chair of the National 
Legislative Committee.
    Although originally from Oregon, Ms. Gilbert found her way 
to my hometown for college and she is a graduate of the 
University of Houston.
    And our fifth and final witness is Ms. Sharon Pinkerton. 
Ms. Pinkerton is the Executive Vice President for Policy and 
Regulatory Affairs at Airlines for America. Ms. Pinkerton first 
joined Airlines for America as Vice President for Government 
Affairs in April 2006 where she was responsible for overseeing 
all aviation-related issues before Federal, State, and local 
governments.
    Previously Ms. Pinkerton served as Assistant Administrator 
for Aviation Policy, Planning, and Environment at the FAA and, 
before the FAA, served for nearly a decade as Transportation 
Counsel to House Aviation Subcommittee Chairman John Mica.
    Ms. Pinkerton is a graduate of Cedarville College and 
earned her law degree from the University of Florida.
    I now recognize Mr. Baker for his testimony.

              STATEMENT OF MARK BAKER, PRESIDENT, 
             AIRCRAFT OWNERS AND PILOTS ASSOCIATION

    Mr. Baker. Thank you. Chairman Cruz and Ranking Member 
Sinema, Members of the Subcommittee, thank you for the 
opportunity to discuss our mutual desire to ensure that the 
United States maintains its leadership in aviation by operating 
the safest and most efficient air traffic control system in the 
world.
    AOPA represents well over 300,000 pilots and aircraft 
owners across the United States and we are fortunate to have 
very active and engaged members in every state and 
congressional district.
    I have had the privilege of serving on the NextGen Advisory 
Committee, commonly referred to as the NAC, for nearly 6 years 
now.
    I serve with several industry colleagues, some here today, 
and I can tell you that this is one of the best government-
industry collaborative efforts that I am aware of or have been 
associated with.
    In my previous experiences, I have had the opportunity to 
lead or have been on leadership teams of large, complex, and 
diverse companies. There are, as you know, always challenges 
and unforeseen circumstances, whether in government or in the 
private sector.
    Has everything gone exactly as planned over the years with 
ATC modernization--no.
    Do we have a modern system? Yes, we do.
    ATC modernization, or NextGen as it is now called, has been 
an evolving process and always will be. As technology changes, 
so too will our ATC system.
    We look forward to working with the Subcommittee to provide 
any input we can to help create efficiencies with respect to 
the NextGen effort and within the current FAA construct.
    As you know, the past two years were spent dealing with a 
proposal calling for privatization of our ATC system. I don't 
want to speak for others here today, and I could be wrong, but 
I don't believe anyone wants to revisit the issue that has and 
will continue to divide us.
    AOPA has and will continue to strongly oppose privatizing 
the system. It is a public use system that should benefit all 
users, not just some.
    We have seen where ATC privatization hasn't worked well for 
general aviation in other countries, and we do not want to go 
down that path.
    And of all the issues that we hear about from our members, 
I can tell you that our ATC system is not one of them.
    I don't want to belabor the point with respect to our 
opposition to ATC privatization, but privatizing the system 
will not reduce delays, it will not reduce ticket prices, it 
will not make seats larger, and it will not address the fact 
that the airlines, in their effort to accommodate passengers, 
need to fly to many of the same destinations at the same time.
    We believe delays in the system can be partially addressed 
by creating greater capacity at some of our nation's busiest 
airports. This increased capacity will help take advantage of 
the efficiencies being brought online with modern air traffic 
technologies like data comm, and improved performance-based 
navigation, especially during peak hours.
    We believe our nation's 5,000 public use airports are vital 
and are the lifelines and economic drivers for small and rural 
communities across the United States.
    We need this national airport ecosystem to accommodate the 
ever-increasing number of passengers and flying that is done in 
this country. We also believe Congress has provided the FAA 
with adequate resources necessary to modernize our system.
    We support bi-annual budgeting for the FAA. This would 
provide a more predictable and stable funding stream. If 
Federal procurement reforms are needed, we should address those 
as well. Consolidating outdated and unneeded facilities and 
equipment and improving ATC facilities across the country 
should be undertaken as this would also create efficiencies. 
Investing in capacity projects at our nation's busiest 
airports, most airports, for that matter are key. And for 
general aviation, creating an environment for private sector 
investment at local airports would certainly help in developing 
needed and new hangar projects across the country.
    Mr. Chairman, AOPA is committed to continued collaboration 
and consensus building that improve FAA processes. In order to 
continue to make progress in our ATC modernization effort, we 
must create that consensus, we must work together, not against 
one another, and we must do so in a way that ensures our 
national ATC system continues to work for all segments of 
aviation.
    Thank you.
    [The prepared statement of Mr. Baker follows:]

         Prepared Statement of Mark Baker, President and CEO, 
                 Aircraft Owners and Pilots Association
    Chairman Cruz, Ranking Member Sinema, Members of the Subcommittee, 
thank you for the opportunity to provide the Aircraft Owners and Pilots 
Association's (AOPA) perspectives on the United States National Air 
Traffic Control system. AOPA represents more than 300,000 of America's 
pilots and aviation enthusiasts, including more than 26,000 in Texas 
and 10,000 in Arizona.
    AOPA is currently celebrating its 80th Anniversary and I am proud 
and humbled to be only the 5th President serving the Association since 
its inception in 1939. We have stayed true to our mission over these 
several decades by protecting and defending our freedom to fly, 
ensuring that safety remains our north star, and helping guide this 
uniquely American experience so we can pass it along, better than we 
received it, to the next generation of aviators.
    From the simple ATC system that emerged in the 1930s to today's 
NextGen Modernization Program which facilitates over 44,000 aircraft 
operations every day throughout the NAS, the United States has always 
been the global leader in maintaining the safest, most efficient air 
traffic system in the world.
    This is not to say that we can rest on our successes or declare 
``mission accomplished''. Maintaining this safe and efficient system 
requires constant vigilance, continued evolution, and meaningful 
collaboration between government and industry.
    We are all stewards of America's airspace and we must remain 
committed to ensuring that we have the safest, most efficient ATC 
system possible today and into the future.
    As Senators are aware, last year's proposal from then House 
Transportation and Infrastructure Committee Chairman Bill Shuster 
called for the privatization of our Nation's air traffic control 
system. This proposal, like many in the past, did not achieve consensus 
and ultimately took away the ability to fully focus on the evolution of 
our air traffic system.
    While some believe there are government functions that could 
benefit from privatization, we strongly believe there are two important 
exceptions; National Security and National Air Traffic Control--both of 
which are the envy of the world.
    We believe finding consensus to create efficiencies in the 
deployment of new technologies, under the current FAA construct, are 
achievable and we are open to collaborating on this important issue.
    According to the Department of Transportation Bureau of 
Transportation Statistics the U.S. commercial air carrier system 
operates over 7,000 aircraft into 509 of the more than 5,000 public-use 
airports in the Nation. General Aviation operates a fleet of over 
200,000 aircraft into the more than 5,000 public-use airports, 
providing vital transportation to communities that do not have 
commercial service.
    General aviation generates over $219 billion in total economic 
output, supports 1.1 million jobs, and includes a network of thousands 
of airports that connect communities across the Nation.
    According to FAA data, there are over 633,317 active private 
pilots, flying 25 million fight hours in over 200,000 aircraft every 
year in the United States. Our members report excellent service from 
ATC and find the system to be very efficient in supporting their flying 
activities.
Current Status of the System
    The United States operates the safest ATC system in the world. In 
2018, the FAA announced that during the past 20 years, commercial 
aviation fatalities in the United States have decreased by 95 percent 
as measured by fatalities per 100 million passengers.
    General Aviation has also seen significant progress on improving 
safety. According to the NTSB, the number of GA fatalities had declined 
by over 40 percent since the early 1990s. In 2015, the most recent data 
available, the overall GA fatal accident rate fell by an additional 4 
percent, while the number of flight hours increased by almost 4 
percent.
    The FAA works collaboratively with industry on a comprehensive, 
risk-based safety oversight process. Safety is embedded in our culture 
and our highly respected Aviation Safety Institute works every day to 
educate and improve safety where we can.
    The FAA also operates the most efficient air traffic system in the 
world. According to the FAA's Fact Book, produced by the Office of 
Performance Analysis, Air Traffic Organization (ATO), in 2018 flight 
delays at the core 30 (largest) airports fell by 9 percent from the 
previous year, cancellations declined by almost 4 percent and runway 
incursions/surface incidents fell by 23 percent.
    Data also demonstrates that weather and airline-controlled delays 
are contributing factors in causing delays. According to the DOT's 
Bureau of Transportation Statistics, 30 percent of all delays and 
cancellations are due to airline maintenance or crew issues, aircraft 
cleaning, baggage loading, fueling, etc.) Additionally, airline 
scheduling also contributes to a category of delays called national 
aviation system delays. In 2018, national aviation system delays 
accounted for 24 percent of delays and included causes related to heavy 
traffic volume, ATC, and non-extreme weather. These high-volume periods 
create `peak' demand for limited time on any given day and the end 
result is an influx of flights that can often lead to congestion and 
delays, especially during weather events.
    The FAA's NextGen program cannot be fully leveraged if airports do 
not have the capacity to accommodate aircraft during these peak times--
very similar to rush hour on our highway system.
    Airport infrastructure must also be a part of the equation in order 
to support the efficiency gains that NextGen produces. To do so, we 
need to take a more holistic approach by expanding the NextGen program 
to include significant investment in airport infrastructure.
    With NextGen, the FAA can generate optimum operational efficiency 
and increase the number of arrivals and departures significantly. With 
limited gate, ramp space, and runways this means that the tarmac will 
likely become the new bottleneck in the system.
    As the Subcommittee is aware, NextGen is not a single technology or 
system, it is a portfolio of interconnected systems that change and 
improve how NAS users see, navigate, and communicate.
    It is a comprehensive system that integrates technology platforms 
to move us from a radar and ground-based air traffic system to a 
satellite navigation and advanced digital communications system. The 
benefits of NextGen include more efficient and direct routes to get 
aircraft to their destinations, fuel burn efficiencies, and fewer 
aircraft emissions.
    I would like to outline, as confirmed by the FAA, the deployment 
status of key NextGen Platforms. I also would like to mention the 
important work that government-industry collaboration under the 
umbrella of the NextGen Advisory Committee (NAC) has produced over the 
last several years in setting NextGen priorities and moving this 
complex transition forward.
Key NextGen Platforms
    Automatic Dependent Surveillance -Broadcast (ADS-B) was fully 
deployed in 2014. The NextGen successor to radar surveillance, the ADS-
B network of 634 ground stations has been providing nationwide coverage 
since 2014. ADS-B is also implemented in all air traffic facilities and 
used for separation in all large radar facilities.
    As of September 1 of this year, 75,889 GA aircraft have equipped 
with ADS-B Out according to the FAA.
    The fleet equipage rate by GA aircraft type include:

   Turbojet & Turboprop--15,400 equipped (total of 37,700 need 
        to equip)

   Rotorcraft--3,000 equipped (total of 6,044 need to equip)

   Piston--53,586 equipped (total of 74,100 need to equip)

    At year end, estimates suggest that a total of 71,896 GA aircraft 
will be equipped with ADS-B out. This means that an additional 31,000 
GA aircraft will not be equipped by 2020 to fully take advantage of 
NextGen. These figures do not include U.S. government aircraft and 
international aircraft that operate in rule airspace.
    In April of this year, FAA published a ``Statement of Policy for 
Authorizations to Operators of Aircraft that are Not Equipped with ADS-
B Out Equipment''. This policy becomes effective on January 1, 2020. 
The policy requires that an unequipped aircraft request an 
authorization at least one hour prior to the flight via a website. Both 
issuance and denial of airspace authorization requests will be tracked, 
and the FAA will enforce the equipment mandate. Denials of non-equipped 
aircraft will become stricter over time with authorization of equipped 
aircraft always taking priority over non-equipped.
    Performance Based Navigation (PBN) implementation--The FAA has 
published over 7,100 GPS procedures, which allow aircraft to land and 
takeoff in poor weather. Over 80 percent of the GA fleet is equipped to 
fly these procedures. The FAA has a roadmap to fully deploy PBN by 
2030.
    Terminal Flight Data Management (TFDM) deployment is on track for 
implementation at 34 facilities by 2023. TFDM will improve the exchange 
of electronic flight data and replace manual paper strips with 
automated electronic strips to increase controller efficiencies and 
reduce human error. Integrating TFDM data with other FAA systems such 
as Time-Based Flight Management (TBFM) and Traffic Flow Management 
System (TFMS), allows aircraft, controllers, and airports to more 
efficiently manage the flow of aircraft to and from the gate. The FAA 
is currently using automated electronic strips at Phoenix Sky Harbor 
Airport and a contract has been awarded to implement electronic strips 
at 89 airports across the United States.
    System Wide Information Management (SWIM) was fully deployed in 
2015. SWIM is the backbone of NextGen digital data delivery. It's a 
data sharing program that allows aircraft, air traffic managers, air 
traffic controllers, Federal Air Marshals, military, airports, and 
other stakeholders to share information in real-time. SWIM provides 
real-time, relevant aeronautical, flight, and weather information so 
users can respond faster and more accurately to changing conditions.
    Datacomm is partially deployed and will be fully deployed by 2023. 
Datacomm allows for digital text-based information as opposed to 
current voice communication between controllers and airline aircraft. 
According to the FAA, tower services are operational and yielding 
benefits at airports across the country. Initial en-route services are 
scheduled to be in place across the country by 2020 and full en-route 
services are scheduled to be completed in 2023.
    NextGen Weather deployment is underway and on track to be fully 
deployed by 2020. NextGen weather is an integrated platform for 
providing a common weather picture. This common picture helps address 
delays by providing a more accurate weather picture which allows for 
pre-departure planning and schedule changes to account for adverse 
weather. NextGen weather products and support tools are available to 
controllers, managers, and airspace users.
    Since its formation in 2010, the NextGen Advisory Committee (NAC) 
has been instrumental in prioritizing ATC NextGen modernization 
initiatives. Led by industry and government stakeholders, the NAC 
collaboratively sets priorities for moving NextGen forward and 
implementing capabilities. It works very well.
    In fact, the FAA tasked the NAC with the Northeast Corridor (NEC) 
initiative in 2017. The plan focuses on leveraging existing NextGen 
capabilities to better deconflict arrivals into the New York area, 
improve arrival and departure throughput, ease congestion points, and 
address community noise.
    A 2017 DOT Inspector General report found that with the NAC, the 
FAA has been making progress on NextGen implementation, focusing on the 
progress made on the four NAC priorities: multiple runway operations, 
performance-based navigation, surface operations, and Datacomm.
FAA ADS-B Out Rebate Program
    Congress provided DOT with the authority to establish an incentive 
program for equipping GA aircraft under Section 221 of the FAA 
Modernization and Reform Act of 2012 (Public Law 112-95).
    The initial $10 million-dollar FAA GA Rebate Program helped 20,000 
pilots equip their aircraft. The rebates were in the amount of $500 per 
aircraft. The program was so successful that rebates were being 
reserved at a rate of 60 to 100 aircraft a day until the FAA ran out of 
available rebates in May of 2019, a full four months before the program 
was set to expire.
    Equipping with ADS-B Out is a significant expense for many general 
aviation aircraft owners. The cost of the FAA's ADS-B Out mandate 
ranges from $2,000 to more than $10,000 per aircraft.
    The average GA aircraft is 40 years old with hull values of less 
than $40,000 and the ADS-B Out mandate represents a significant cost 
for many owners.
    AOPA continues to encourage pilots that have not done so to equip. 
To incentivize equipage, we request the support of this Subcommittee to 
encourage the FAA to undertake another round of ADS-B rebate funding, 
much less than the original amount, to spur further the GA equipage 
rate to meet the FAA mandate.
Other Actions to Modernize
    Most of the six major components of NextGen are either fully 
deployed or near being fully deployed. The primary NextGen issues that 
remain are the need for GA to equip their fleets with ADS-B technology, 
controller training on new systems and procedures, and continued flight 
path routing procedure development (commonly referred to as Performance 
Based Navigation).
    The FAA also needs to draw down the legacy navigation systems to a 
minimum network. The cost of maintaining the full legacy VOR and ILS 
systems long term is not sustainable. According to the FAA, the annual 
maintenance cost on a single ILS can exceed $100,000 and replacement 
cost is $1.4 million (there are 1,600 ILS installations nationwide). A 
single VOR costs $110,000 annually to maintain (there are 957 VORs 
nationwide).
    By comparison, a satellite based PBN procedure costs $10,000 to 
implement and $2,500 in annual maintenance cost. However, the legacy 
system cannot just be turned off in 2020, to do so would impact safety 
and create gaps in service. Working with industry, the FAA could make 
progress in streamlining the current system and developing a longer-
term plan for a minimum network.
    The FAA should also implement remote air traffic control towers as 
a cost-effective solution for medium sized GA airports that require ATC 
services. A remote ATC tower is 1/3 the cost of a brick and mortar 
tower and FAA, working with SAAB, has successfully demonstrated the 
remote tower concept is safe for continuous operation at Leesburg 
airport in Virginia.
    AOPA is committed to continual collaboration and to supporting 
reforms that create predictable and stable funding for the FAA 
including biennial budgeting, consolidating unneeded and outdated 
facilities, procurement and certification reforms, and putting to use 
some of the balance from the Airways and Airport Trust Fund to expedite 
technology deployment.
    We are ready and willing to work with all industry stakeholders and 
Congress to advance the consensus needed to improve our current system.
Pilot and Aviation Technician Workforce Grant Programs
    Getting the next generation of Americans interested in aviation and 
aerospace is a key component of the aviation industry's future. In July 
2018, Boeing released its Pilot and Technician Outlook wherein they 
estimated a need for more than 800,000 new pilots worldwide of which 
more than 200,000 are needed in the United States over the next 20 
years. The report also mentioned that 750,000 new aviation technicians 
will be needed around the world. This will be a formidable challenge 
and one we must confront together--industry and government.
    Congress, and this Committee specifically, recognized the need to 
support aviation workforce development programs by authorizing two new 
grant programs to recruit and train the next generation of pilots and 
aerospace workers as part of the Federal Aviation Administration 
Reauthorization Act of 2018 (PL115-254).
    The pilot education grant program would support the creation and 
delivery of curriculum designed to provide high school students with 
meaningful science, technology, engineering, math and aviation 
education and encouraging our Nation's youth to become the next 
generation of commercial, general aviation, drone or military pilots. 
The aviation technical workforce grant program includes scholarships, 
apprenticeships, establishing new training programs, purchasing 
equipment for schools and supporting career transition for members of 
the armed forces.
    We remain hopeful that these grant programs will be funded at their 
full authorized levels over the next five years.
    While the FAA Reauthorization Act of 2018 provides a five-year 
authorization, each sector of aviation, civil, commercial, and military 
will still face significant challenges in preparing for the future. 
There are hundreds of programs and projects being undertaken today to 
address these challenges whether they be workforce, technology, 
environmental, commercial space, air redesign, unmanned aircraft, and 
several others. More coordination and knowledge sharing are seriously 
warranted in these areas. Private and governmental organizations 
working together to address the development and sustainability of the 
aviation workforce, conducting and coordinating research activities and 
developing new aviation materials, training programs, and procedures, 
and leveraging the knowledge of organizations and Federal agencies are 
all vital to protect and grow the aviation industry.
National Center for the Advancement of Aviation
    As the Committee is aware, in order to meet bold challenges, we 
need bold initiatives. Recognizing this, I am hopeful the Committee 
will work with Senator Jim Inhofe of Oklahoma and others to establish a 
National Center for the Advancement of Aviation. We strongly believe 
standing up such a center will facilitate cooperation, collaboration, 
and coordination across all sectors of aviation; civil, commercial, and 
military--and which is so desperately needed.
    A national aviation center would bring the industry together by 
fostering such things as programs that create a diverse and skilled 
aviation workforce, ensuring the deployment of STEM aviation 
educational opportunities for high school students, leveraging the 
sharing of new and emerging flight training methods, and conducting 
safety and economic data trend analysis. A national aviation center 
would do more to grow, develop, and promote aviation and bring the 
needed and long overdue collaboration of our collective industry that 
is so vital to our Nation's economy. We certainly welcome the 
opportunity to work with the Committee on the development of this 
proposal.
    I would like to again thank the Subcommittee for this important 
hearing today and look forward to answering any questions.

    Senator Cruz. Thank you, Mr. Baker.
    Mr. Bolen.

           STATEMENT OF ED BOLEN, PRESIDENT AND CEO, 
             NATIONAL BUSINESS AVIATION ASSOCIATION

    Mr. Bolen. Well, thank you, Chairman Cruz and Ranking 
Member Sinema and members of the Subcommittee.
    The National Business Aviation Association represents over 
11,000 companies in the United States. The vast majority of 
those are small companies. They operate in every imaginable 
field: agriculture, manufacturing, construction, health care 
delivery. About the only thing that our members have in common 
is that they all rely on general aviation aircraft to meet some 
portion of their transportation challenges.
    As Chairman Cruz pointed out in his opening remarks, 
aviation is critically important to the United States, and it 
has been a long history of leadership that we have 
demonstrated, everything from the Wright Brothers flight to 
where we are today. And make no mistake about it. Where we are 
today is the largest, the safest, the most efficient, and the 
most diverse air transportation system in the world.
    But neither NBAA nor any American can be satisfied with the 
status quo. We need to constantly move forward. Leadership 
today does not mean leadership tomorrow. We have and will 
continue to push for the United States Government to make 
transitions to constantly improve the system, to increase 
throughput, to reduce our emissions, and to constantly improve 
safety.
    To that end, NBAA and its member companies have been very 
focused on working through platforms like the NextGen Advisory 
Committee to make NextGen a reality. And everyone would have to 
recognize a great deal of progress has taken place.
    For example, we have transitioned from a ground-based 
infrastructure to a satellite-based infrastructure. Our Data 
Comm process, which will move us from analog to digital, is 
underway, on time, and on budget. Much of the old system from 
the 1950s is being decommissioned, radio beacons, VORs, short-
range radar. In a number of places ILSs have given way to wide 
area augmentation systems that give near precision approaches 
to nearly every airport in the United States. This has provided 
additional access to companies in small towns and rural 
communities. It has also enhanced safety. It has also helped 
people be able to do business where they need to, when they 
need to, regardless of airline service schedules or frequency 
of service that they offer.
    Now, to be clear, we have a long way to go, and we have 
challenges we need to face. At NBAA, one of our frustrations at 
this point, as we come up on a January 1 mandate for ADS-B, is 
that much of the work that we have done to ensure that 
traveling on a general aviation airplane does not mean giving 
up your right to privacy, nor does not mean giving up your 
right to security is still not recognized. Let me explain that 
in a little bit more detail.
    In the past, the FAA has had programs that have permitted 
general aviation aircraft to be able to fly without publicly 
identifying in real time where they are located. That program 
has been voluntary. It has been supported by Congress. It has 
continued to be a part of a congressional mandate. But at this 
point, the FAA does not have the program under the ADS-B 
mandate to continue that. We are hoping that this and other 
challenges will be resolved as we continue to work together as 
a community to move forward.
    So where do we go from here? I have already indicated that 
much of the work is underway, that we have transitioned to 
satellite-based navigation, that we are on pace for digital 
communications, that decommissioning is taking place. We 
believe that moving forward, many of the challenges that have 
been outlined today, including funding, need to continue to be 
addressed with targeted solutions to identified problems. We 
have already spoken about the pending legislation that would 
allow trust funds to be utilized in a time of a government 
shutdown, and multiyear authorizations. All of that is very, 
very positive. We believe that over the past several years, we 
have seen the industry come together, with the FAA under the 
NextGen Advisory Committee. We think that industry has a role 
to play, the FAA has a role to play, and certainly Congress has 
a role to play in making sure that we have sufficient 
oversight, that when we develop goals, that we can measure them 
and everybody can be held accountable.
    The U.S. is the world leader in all aspects of aviation, 
and we look forward to working with this Committee to make sure 
we can continue to say that five years from now, 10 years from 
now, and as far as the eye can see.
    Thank you, Mr. Chairman.
    [The prepared statement of Mr. Bolen follows:]

          Prepared Statement of Ed Bolen, President and CEO, 
                 National Business Aviation Association
    Chairman Cruz, Ranking Member Sinema, and members of the 
Subcommittee, on behalf of the National Business Aviation Association 
(NBAA), thank you for holding this hearing on improving air traffic 
control (ATC) for the American people.
    Business aviation and NBAA's more than 11,000 member companies are 
key stakeholders in our ATC system, and we believe our unique 
experiences can help inform this hearing. Unlike the big airlines, 
business aviation serves small towns and rural communities across this 
country and can reach more than 5,000 public use airports. Fair and 
equal access to our Nation's airspace and airports is fundamental to 
our success as it allows businesses of all sizes to be productive and 
competitive in locations that have little or no scheduled airline 
service.
    The United States has the world's largest, safest, most effective 
and most diverse aviation system, supporting more than 200,000 general 
aviation aircraft-there is simply no other country that compares. 
However, to maintain our leadership we must continually improve and 
enhance the ATC system. This imperative to modernize is why NBAA has 
taken a leadership role in partnering with the Federal Aviation 
Administration (FAA) to advance our shared modernization goals. With 
more than 1.1 million jobs and $219 billion in annual economic impact 
tied to general aviation, our industry is committed to growing and 
moving forward.
    The FAA projects that by 2040, air traffic controllers will handle 
60.5 million aircraft operations annually, an increase of nearly 16 
million operations from what our dedicated controllers handle today. In 
addition, the commercial unmanned aircraft system (UAS) fleet is 
projected to grow more than 30-percent over the next five years, and 
the fleet of non-commercial UAS is anticipated to double in size, to 
2.4 million units by 2022. To accommodate this growth, all stakeholders 
must come together to support full implementation of the Next 
Generation Air Transportation System (NextGen).
    While we have already seen significant successes, with NextGen 
delivering $4.7 billion in benefits to the aviation system, we still 
have more work to do. For example, in the Northeast Corridor, which 
stretches from Washington, D.C. to Boston, the FAA and industry 
partners are working on a host of airspace and airport improvements to 
increase efficiency in some of the most complex and busiest airspace in 
the world. This work is critical, as FAA found that nearly 50-percent 
of all aviation delays are attributable to challenges in the Northeast.
    Through service on the NextGen Advisory Committee, and a leadership 
role on the on the Northeast Corridor initiative, NBAA is a recognized 
leader in partnering with the FAA on modernization. For example, work 
in the Northeast will focus on increasing arrival capacity at 
Philadelphia International Airport during times of low visibility, 
improving the efficiency of departures out of New York City, and other 
targeted improvements. While the majority of business aviation 
operations are conducted at reliever airports instead of airline hubs, 
we are committed to supporting the FAA's mandate of modernizing the 
entire national airspace system.
    To take full advantage of NextGen advancements, aircraft must be 
properly equipped with the required technology. With the rapidly 
approaching 2020 deadline for aircraft to be equipped with Automatic 
Dependent Surveillance-Broadcast (ADS-B) technology, NBAA is committing 
significant resources to ensure business aviation is prepared. As one 
of the foundations of NextGen, ADS-B technology provides improved GPS-
based aircraft position data to controllers and enhanced situational 
awareness for pilots.
    Through a targeted campaign involving social media, webinars, in-
person seminars and news articles, NBAA has communicated to business 
aviation the critical importance of meeting the ADS-B equipage 
deadline. Our work has paid off, with nearly 70-percent of turbojet and 
turboprop business aircraft now ADS-B equipped according to the FAA's 
Equip 2020 working group, an increase of nearly 15-percent since the 
beginning of this year. In some cases, due to the age of an aircraft 
and cost of equipment upgrades, operators may elect to retire the 
aircraft instead of pursuing ADS-B equipage. However, NBAA is committed 
to continuing its partnership with the FAA on this critical NextGen 
initiative.
    With the enhanced GPS-based location information and data downlink 
provided by ADS-B, Congress and industry agree there are privacy 
considerations that must be addressed. Through technology available 
today, it is possible for members of the public to track aircraft 
movements in real time, which poses significant security concerns for 
aircraft operators. NBAA is partnering with the FAA on a solution that 
would provide ATC and other government stakeholders all tracking 
information for an aircraft, while allowing operators the privacy and 
security of safeguarding their real-time movements from public view. We 
appreciate the FAA's work on this project and look forward to a 
solution in the coming months.
    In addition to ADS-B, Data Communications or Data Comm is a key 
NextGen technology that has been rapidly embraced by business aviation. 
Through Data Comm, controllers can communicate clearances and other 
flight details to pilots via digital text-based messages. According to 
FAA data, this technology has saved nearly 25,000 hours of 
communication time and eliminated more than 15,000 hours of delays. 
Business aviation is a leader in equipping for and utilizing Data Comm, 
with ATC towers at key reliever airports including Van Nuys, CA and 
Teterboro, NJ benefiting from the technology. We look forward to 
partnering with FAA as Data Comm is implemented at additional 
facilities and in the enroute environment, which will enhance 
efficiency and safety.
    With business aviation serving more than 5,000 airports, the 
ability to conduct safe approaches to airports in bad weather provides 
reliable connectivity to small towns and rural communities. Through 
Performance Based Navigation (PBN), another key NextGen technology, 
thousands of general aviation airports now have instrument approaches 
with lower minimums. Before PBN and advanced GPS technology, the cost 
to install a new instrument landing system approach, which requires 
significant equipment on the ground, was out of reach for many 
airports.
    At Phoenix Deer Valley, which is one of the busiest airports in the 
world for training new pilots, the FAA has created two new instrument 
approach procedures using PBN. Pilots can now fly safer approaches to 
the primary runway at Deer Valley thanks to NextGen. In Texas, nearly 
170 new approach procedures have been created at airports that never 
had the benefit of a costly instrument landing system. By utilizing GPS 
avionics in the aircraft and detailed performance specifications, 
general aviation airports are now safer and more accessible during 
inclement weather.
    Through its Metroplex program, the FAA is also using PBN and other 
technologies to make aircraft operations more efficient and sustainable 
in areas with multiple airports and complex traffic flows. The FAA and 
industry partners have worked in eleven Metroplex locations, including 
the Washington, D.C. area, Charlotte, Las Vegas and Southern and 
Northern California. With changes to traffic flows, flight paths can 
shift, meaning that communities not accustomed to aircraft operations 
might observe a change. NBAA has actively partnered with the FAA in 
community meetings to better explain how business aviation operates and 
the safety and efficiency gains that come from analyzing our most 
complex airspace. For example, in Las Vegas, NBAA participated in 
meetings to help the local community and elected officials better 
understand operations at Henderson Executive, McCarran International 
and North Las Vegas which are key airports in the Metroplex effort. We 
believe that bringing communities into the process as early as possible 
is a win-win, with benefits for all stakeholders.
    Collaboration between users of the ATC system, including business 
aviation, and the FAA occurs on a continuous basis and makes our 
airspace more efficient. To better utilize airport and airspace 
capacity, while increasing efficiency, NASA is partnering with the FAA 
to leverage existing technologies and provide for improved 
collaboration between aircraft operators and ATC.
    For example, through the Airspace Technology Demonstration 2 (ATD-
2) effort, departures at busy airports are being managed more 
strategically to maximize capacity. For business aviation, a mobile 
application is being developed as part of ATD-2 that will allow 
operators to communicate when they are ready to taxi and receive more 
precise departure time information from ATC. This type of mobile 
technology will allow for improved sequencing of departures into the 
airspace--reducing delays, saving fuel and increasing efficiency.
    In addition to making the airspace more efficient, NextGen provides 
measurable benefits to the environment. Through reducing flight times, 
aircraft operators are expected to save 2.8 billion gallons of fuel by 
2030. With precise GPS-based standard instrument arrivals and 
departures, millions of gallons of fuel are saved annually by aircraft 
flying more direct routes and approaches to airports. Through NBAA's 
support of NextGen, and our efforts to increase the uptake of 
sustainable alternative fuels, we are committed to reducing aviation's 
environmental impact.
    To achieve the challenging goals established for NextGen, while 
meeting the needs of our growing aviation system, support from Congress 
is critically important. That is why NBAA worked hard to advocate for 
passage of the FAA Reauthorization Act of 2018 that provides the agency 
with additional tools to modernize, and the needed resources to operate 
the world's largest, safest, most efficient and most diverse aviation 
system. We applaud your leadership in securing passage of the bill 
which provides a five-year authorization and certainty for the FAA.
    The FAA Reauthorization debate also identified challenges the 
agency faces during modernization efforts and implemented targeted 
solutions. For example, through detailed reporting and enhanced 
oversight, the bill provides Congress with improved cost benefit data 
on modernization programs and the status of key milestones and 
deliverables. Annual reports are also required to document a positive 
return on investment for each NextGen program. We look forward to 
working with the FAA and Congress to provide stakeholder input on these 
important oversight requirements.
    Another challenge that has impacted modernization efforts is the 
negative effect of government shutdowns. With many NextGen programs 
stretching out over years, a government shutdown can halt progress and 
introduce months of delays. That is why NBAA worked directly with 
appropriators in Congress to secure more flexible multi-year funding 
authority for the FAA operations account which has proven to be very 
helpful.
    Through our support of the Aviation Funding Stability Act of 2019, 
we are also committed to maintaining financial stability for the FAA by 
allowing use of funds from the Airport and Airway Trust Fund (AATF) 
during lapses in government funding. Although taxes continued to be 
paid into the AATF throughout the most recent shutdown, the FAA was 
prohibited from using any funds to continue operations or pay the 
agency's dedicated employees during that time. Passage of this bill 
would provide the agency additional flexibility to use trust fund 
revenues for continued operations during government shutdowns or other 
funding lapses.
    To continue moving forward with new investments, proper funding for 
the FAA is critical, and as you are aware, most FAA programs are funded 
by the AATF, established in 1970. The fund is supported by taxes and 
fees, including a per gallon tax on jet fuel and gasoline used by 
general aviation operators, and a 7.5-percent tax on amounts paid for 
airline tickets and charter flights. According to the Joint Committee 
on Taxation, total AATF revenue in Fiscal Year 2017 was $14.6 billion. 
The CBO projects that fund revenues will exceed outlays for the 2019-
2029 budget window, and cash balances are also expected to grow to 
nearly $60 billion.
    In addition to providing a growing and reliable revenue stream, the 
trust fund taxes are simple to administer and collect. Both the fuel 
tax, and the percentage tax on airline tickets and charter flights, do 
not require the government to issue invoices or institute complex 
recordkeeping systems that a per-flight user fee would require. 
However, over the years, there have been various proposals to eliminate 
the 7.5-percent tax in favor of a per-flight user fee, which would 
require significant costs to collect. In our opinion, maintaining the 
AATF and associated taxes is the best approach to funding our future 
aviation infrastructure and modernization needs.
    The leadership displayed by Congress in passing a long-term FAA 
reauthorization bill provided certainty and the needed investments for 
the aviation industry to be successful. While progress on ATC 
modernization has been impressive, there is more work to be done to 
accommodate expected growth and new entrants. NBAA has always been 
steadfast in our support and advancement of modernization programs that 
allow equal and fair access to airports and airspace for all aviation 
stakeholders. This hearing provides an important opportunity to review 
our progress while looking towards the future--we thank you for 
including NBAA in the discussion and we look forward to continuing our 
partnership.

    Senator Cruz. Thank you, Mr. Bolen.
    Captain DePete.

          STATEMENT OF CAPTAIN JOE DePETE, PRESIDENT, 
       AIR LINE PILOTS ASSOCIATION, INTERNATIONAL (ALPA)

    Mr. DePete. Thank you, Chairman Cruz, Ranking Member 
Sinema, and the Subcommittee members.
    As President of the Air Line Pilots Association, 
International and a 40-year pilot with both airline and 
military flying experience, I am honored to represent the more 
than 63,000 members of the world's largest nongovernmental 
aviation safety organization.
    Thanks to the leadership of this Committee, as well as the 
dedication of stakeholders, including the qualified, trained, 
and experienced airline pilots who serve as the greatest safety 
asset on any flight, the U.S. national airspace system is the 
safest, most efficient system in the world.
    We commend this committee for its vision and commitment in 
holding this hearing today. As the United States works to meet 
growing passenger and freight transportation demands, as well 
as integrate new users, such as commercial space flight and 
remotely piloted vehicles, air traffic control modernization 
will be critical.
    Now, let me be clear. ALPA strongly supports NextGen. For 
more than a decade, we have collaborated with the regulator, 
airlines, and other stakeholders to ensure this modernization 
work is performed to the highest standards and incorporates 
frontline pilot perspectives. We recognize NextGen has many 
benefits from efficiency gains to emissions reduction. However, 
maintaining and enhancing safety through NextGen is ALPA's 
highest priority.
    For pilots on the flight deck, NextGen is already helping 
make our skies safer. The initiative has increased situational 
awareness and provided tools to help pilots make safe decisions 
through performance-based navigation, data communication, and 
ADS-B implementation. However, we know NextGen's potential is 
not being fully realized because many aircraft are not fully 
equipped and long-term stable funding has not been secured.
    Currently a significant portion of U.S. aircraft lack the 
onboard equipment necessary to utilize NextGen's modernized 
approach procedures. As a result, pilots and air traffic 
controllers are forced to use workarounds that allow them to 
operate aircraft with outdated equipment in today?s complex 
system. Our need to conduct workarounds adds to pilots' 
workloads and makes it more difficult for us to adapt nimbly 
when the unexpected occurs. Being asked to constantly perform 
these workarounds also means my members are being forced to 
accept increased and unnecessary risks.
    We can do better. We must do better.
    To make the most of NextGen, we need industry-wide 
requirements for equipage of aircraft with the technology to 
support these procedures. In addition to ensuring all U.S. 
airliners are equipped to use NextGen procedures, we need to 
ensure that staffing levels adequately match what will 
certainly be continuously mounting traffic levels.
    To fully achieve a modernized air traffic control system, 
we need stable and reliable funding. We know from earlier this 
year that a one-month government shutdown translated into an 
18-month delay in the deployment of the NextGen Data Comm 
program.
    We can do better. We must do better.
    So we are now six days away from another government 
shutdown, and while there appears to be a path to provide 
stopgap funding for a few more weeks, it would be far 
preferable if our system could rely on a sustained source of 
funding. This would allow the United States to achieve all the 
benefits NextGen has to offer not only now, but in the future 
as we work to fully integrate new entrants into our shared 
national airspace.
    In the meantime, ALPA supports the Aviation Funding 
Stability Act. Take it from me. Airline pilots feel passionate 
about all forms of flight. We are enthusiastic about commercial 
space flight provided it is integrated safely into our shared 
national airspace.
    NextGen initiatives can help improve oceanic operations, 
which will allow us to safely manage the airspace at times when 
the spacecraft transit it. Airline pilots, air traffic 
controllers, and commercial spacecraft operators would all 
benefit from improved ATC services.
    Now, we have achieved much through the NextGen program 
already, and ALPA pilots are eager to see even more of its 
potential realized. With the continued oversight and support of 
this Committee, we are confident that we can and we will do 
more.
    ALPA pledges to continue our offer of our expertise in what 
must be a collaborative effort to create an air traffic control 
system for the future that is efficient, modern, and most of 
all safe.
    Thank you for the opportunity to be here today.
    [The prepared statement of Mr. DePete follows:]

 Prepared Statement of Captain Joe DePete, President, Air Line Pilots 
                   Association, International (ALPA)
    Chairman Cruz, Ranking Member Sinema and members of the committee, 
thank you for the opportunity to testify on Air Traffic Control. The 
Air Line Pilots Association, International (ALPA), represents more than 
63,000 professional airline pilots flying for 35 airlines in the United 
States and Canada. ALPA is the world's largest pilot union. We are the 
recognized voice of the airline piloting profession in North America, 
with a history of safety and security advocacy spanning more than 88 
years.
    The Federal Aviation Administration (FAA) maintains the safest, 
most efficient air traffic control system in the world. For more than a 
decade it has been focusing on implementing multiple programs to 
modernize the National Airspace System (NAS) under the Next Generation 
Air Transportation System (NextGen) modernization initiative. The FAA's 
NextGen initiative has introduced new technologies, airspace changes, 
and operating procedures across the NAS. More of the NextGen 
implementation activity is still to come.
    However, in order for the National Airspace System (NAS) to remain 
the safest, most efficient system in the world, continuous improvements 
in the NAS are needed to ensure that growth in traffic levels does not 
threaten airline safety. Technological and infrastructure improvements 
are required to efficiently manage current NAS operations. Emphasis 
should be placed on the NextGen automation tools and airport 
infrastructure improvements that can provide seamless gate to gate 
operations that can reduce taxi delays, reduced airborne reroutes, and 
ensure that on time arrivals can proceed directly to their gate. 
Modernization must continue to keep ahead of the demand from the wide 
variety of aviation users that are present and emerging. The 
technologies and procedures that are needed must now also consider new 
entrants into the NAS. The future of air transportation will bring a 
combination of commercial air carriers, remotely piloted vehicles, 
general aviation, and commercial space flight. The airspace system of 
the future will involve a great many more operations and a wider 
variety of operations than we have today and will result in an 
increasingly complex environment. We must also remain vigilant to 
ensure that staffing levels are adequate for the continuously 
increasing traffic levels.
    Furthermore, the FAA cannot afford to experience another shutdown 
like we experienced earlier this year. In addition to the stress and 
human costs imposed on the dedicated air traffic controller staff, the 
shutdown had an impact far beyond just the one month when it was 
occurring. For example, due to the need to re-plan training and 
reschedule around upgrades that were also delayed within each Air Route 
Traffic Control Center, the FAA's NextGen Data Comm program will now 
take 18 additional months beyond the original completion date to 
accomplish--mid-2021 rather than late-2019. This delays the safety and 
efficiency benefits for pilots, air traffic controllers, and airlines. 
In short, the funding of FAA needed to implement NextGen and also 
accomplish its day to day operations must be assured.
    This is why we support S. 762, the Aviation Funding Stability Act. 
It is appropriate to allow the FAA to temporarily use funds from the 
Airport and Airways Trust Fund during a government shutdown situation. 
More fundamentally, government shutdowns must be avoided as they are 
not good governance and, in the aviation sector, introduce unacceptable 
risks to our transportation system.
    The rapid growth in Unmanned Aircraft Systems (UAS) and commercial 
space launches has put additional pressures on the NAS that the FAA 
will need to address. To date, the FAA segregates commercials space 
operations from commercial aviation operations with large blocks of 
sterilized airspace. It is our view that the FAA needs a comprehensive 
plan to integrate commercial space operations and avoid major 
disruptions for the other users of the NAS as the demand for access to 
the NAS for increases. As commercial space operations increase there is 
a need to reduce NAS impacts while maintaining a high level of safety. 
At some point, segregation of commercial aviation operations from 
commercial space operations will not be a viable solution.
    In The Annual Compendium of Commercial Space Transportation: 2018, 
FAA projects U.S. orbital launches to increase over the next several 
years, with a near-term spike of about 55 launches a year, then 
averaging out to about 40 launches per year thereafter, which is about 
twice the number of launches experienced from 2010-2016. It is 
important to note that this number does not include the pending start 
of suborbital launches for space tourism, or the launches of large 
constellations of small communications satellites for mobile 
communications services. These could add potentially hundreds or 
thousands of launches per year.
    When looking at the challenge presented by the orbital launch 
facilities in the U.S., they are all located on the coast and launch 
with trajectories over the ocean. Ironically, it is the oceanic areas 
which currently have the least Air Traffic Management infrastructure 
(e.g., communications, surveillance, and ATC automation), and therefore 
have the least ability to tactically manage airspace.
    The FAA's Office of Commercial Space Transportation and NextGen 
recognize the criticality of developing the means to safely and 
efficiently integrate the ever-increasing number and variety of space 
operations with an already-crowded airspace system, both domestically 
and internationally. However, at this time, there is no detailed, 
comprehensive long-term plan for true integration of commercial space 
operations into the NAS, nor is there a long-term plan for oceanic air 
traffic management evolution beyond near-term enhancements. This is a 
significant shortfall.
    ALPA proposes that this shortfall presents an opportunity for the 
commercial aviation and commercial space communities to jointly 
advocate for investments in oceanic airspace capabilities which can 
return benefits to both.
Beginning to Evolve from Accommodation Toward Safe Integration
    As a key stakeholder, ALPA has been actively involved in technical 
and steering committees involving commercial space and Air Traffic 
Management. These groups include: RTCA technical groups, the NextGen 
Advisory Committee, the Access to Airspace Aviation Rulemaking 
Committee, to name a few. Similarly, ALPA's involvement in such 
programs as ADS-B, DataComm, RNAV/RNP and other groups have given us a 
detailed understanding of the level of effort required to realize the 
safety and efficiency benefits made possible through these programs. 
The commercial space industry as well as FAA AST is in the midst of an 
ongoing, exhaustive effort of testing and evaluating vehicles and 
launch processes that must eventually lead to safe, reliable, 
repeatable operations. The efforts needed to develop the necessary 
comprehensive plan to integrate commercial space operations with 
commercial aircraft operations will be complex and require a similar 
level of effort, and therefore should be started sooner rather than 
later.
    The FAA has recognized that the current method of segregation, 
whereby ATC closes large volumes of airspace for extended time periods, 
while safe, is not efficient and is not sustainable as a long-term 
solution. Further, the FAA clearly understands that moving away from 
today's model will require infrastructure investments in hardware, 
software, procedures, and training for air traffic management. A 2014 
FAA Commercial Space Concept of Operations document notes that:
    ``This approach was adopted due to current planning and real-time 
shortfalls, which include manual interfaces, lack of integrated safety 
and capacity/efficiency evaluation processes, lack of standardized 
planning and real-time processes, lack of surveillance, and the 
inability of existing automation systems to process and display space 
vehicle data.'' \1\
---------------------------------------------------------------------------
    \1\ Management of Space Vehicle Operations in the National Airspace 
System Concept of Operations, Federal Aviation Administration, August 
2014, pg. iii
---------------------------------------------------------------------------
CNS/ATM Improvements Would Benefit All
    To a large extent, the same tools that would safely improve the 
efficiency of airplane oceanic operations would be beneficial in 
reducing the impact of orbital space operations from the coasts on 
civil airspace. Airline pilots and dispatchers, air traffic 
controllers, air traffic management facilities and spacecraft 
operations centers would all benefit from having improved ATC services 
that provide a common set of real-time data on which to base both 
strategic and tactical operational decisions.
    In the broadest sense, space flights will need to be planned and 
flown using similar processes and safeguards as airliners. There needs 
to be a filed launch plan (similar to a flight plan); the plan needs to 
describe in detail the mission parameters (route, altitude, time); the 
plan needs to be communicated to other airspace users and traffic 
management functions in adequate time to effect shared situational 
awareness; and provisions must be made to accommodate irregularities. A 
controlling entity will need to take all that information and apply 
procedures that ensure all users of the airspace remain clear of other 
airspace users by the current safety protocol for safe separation 
standard, as well as to avoid weather and other hazards, etc. The 
procedures will have to take into account the performance 
characteristics of all vehicles being controlled, and any ATC 
instructions will need to be communicated to airline pilots and to 
space operators simultaneously in real-time.
    The FAA also recognizes that many of the advancements needed to 
achieve full integration can be provided by tools under development by 
NextGen for more efficient management of traditional aircraft traffic. 
Many of these tools already have significant applicability in oceanic 
airspace.
    For example, compared to domestic operations, oceanic communication 
between aircraft and controllers is slow and cumbersome, surveillance 
information is received more sporadically and with latency, and 
automated tools for controllers necessarily operate on a more strategic 
level as tactical control is not possible. Aircraft are routed on 
parallel tracks with much larger separations than are used domestically 
(e.g., dozens of miles instead of the three to five miles when in 
domestic airspace).
    Thus, we see a strong connection between the technology that can be 
employed to safely improve efficiency in oceanic airspace and the use 
of that technology to reduce the impact of space flight on commercial 
air traffic. More accurate and frequent data exchange, ATC automation 
improvements, surveillance, and real-time voice and data communications 
will aid pilots in safely conducting operations. These tools will allow 
more precise, timely identification of closed airspace with an 
ancillary benefit of providing information on weather hazards.
Data Exchange and ATC Automation
    Currently, space operators have very detailed information about the 
status of their launches via data telemetry--much more than an airline 
has on a typical flight. The challenge to date has been to develop a 
data exchange mechanism to pass this information along to other 
parties. The FAA's Space Data Integrator (SDI) under development is a 
move in this direction. SDI will provide controllers and traffic 
managers with situational awareness of a space flight mission through 
real-time data on vehicle state and operational status; calculate the 
location and extent of potential hazard areas; and provide visibility 
into mission progress. SDI will afford the capability for FAA and, by 
extension, other airspace users to benefit from a detailed level of 
knowledge of a space mission as it progresses through shared airspace. 
In addition, the real-time, detailed view provided by SDI allows alert 
and execution of contingencies if off-nominal events occur.
Surveillance
    Another example is Automatic Dependent Surveillance-Broadcast (ADS-
B). Currently deployed using ground stations for civil aviation, ADS-B 
represents a major advance in efficient air traffic management and 
pilot situational awareness, with the potential to safely increase the 
capacity of the NAS. However, application in oceanic airspace has 
lagged due to the difficulty of deploying ground stations on the water. 
The solution being developed is space-based ADS-B. Simply put, this is 
the same capability (and therefore advantage) as the current ground-
based ADS-B, but information is received by a satellite constellation 
instead of ground stations and relayed to air traffic controllers in 
real time. Space-based ADS-B has the potential to provide surveillance 
information equivalent to en route radar surveillance for global 
airspace including over the ocean.
    A similar capability, if employed by commercial space operators on 
orbital/suborbital and boosters during the launch or recovery phases, 
could give all airspace users timely information on each other, thus 
improving all airspace users' ability to safely and efficiently 
operate.
Voice and Data Communications
    Advances in communications are similarly possible. Data 
communications (DataComm) is in use internationally to supplement voice 
communications with digital messaging. This reduces the likelihood of 
missing or misunderstanding instructions in the flight deck and on the 
ground. DataComm is currently used over the ocean; however, it is 
limited to more strategic communications, because DataComm is not as 
immediate as (for example) direct controller-pilot voice communication 
via VHF radio used in domestic airspace. More timely performance-based 
voice and data communications via satellite and possibly by next 
generation HF radio to both airborne aircraft and space operators can 
help reduce the separation buffers among the two, both physically and 
in time. More timely communications will also provide the capability 
for better dissemination of weather and similar data that directly 
impact both aircraft and space operations.
ATC Procedures and Separation Standards
    In the near and mid-term, higher fidelity CNS data and the ability 
to exchange this data in real time would allow better definition, 
geographically and temporally, of the protected airspace needed for 
space operations (both commercial and government-sponsored), and to 
disseminate this information to ATC and other airspace users.
    As an example of the opportunity, consider the booster separation 
failure during the October 11, 2018 manned Soyuz MS-10 launch. The 
failure occurred approximately 122 seconds after liftoff.\2\. At the 
time of the booster failure and separation of the crew capsule, the 
spacecraft was at an altitude of about 50km (164,000'),\3\ well above 
the altitudes used by commercial aviation. Because of the altitude and 
speed of the spacecraft, the various spacecraft elements took several 
minutes to fall back to lower altitudes and the ground, with the crew 
capsule landing about 17 minutes 39 seconds after the booster failure 
and capsule separation, after reaching a peak altitude of 93 km 
(300,000').\4\
---------------------------------------------------------------------------
    \2\ Harwood, William, ``Rocket Failure Forces Emergency Landing for 
U.S. and Russian Astronauts'', Cbsnews.com, October 11, 2018, https://
www.cbsnews.com/news/soyuz-rocket-launch-abort-mission-iss-nasa-
astronaut-russians-ballistic-descent/, retrieved April 11, 2019.
    \3\ RussianSpaceWeb.com, ``Soyuz MS-10 Makes Emergency Landing 
After A Launch Failure'', October 11, 2018, http://russianspaceweb.com/
soyuz-ms-10.html, retrieved April 11, 2019.
    \4\ Burghardt, Thomas, ``NASA and Roscosmos Trying to Avoid An 
Empty Space Station'', October 18, 2018, https://
www.nasaspaceflight.com/2018/10/nasa-roscosmos-trying-avoid-empty-
space-station/, retrieved April 11, 2019.
---------------------------------------------------------------------------
    In addition to the discussion about the need for ATC modernization 
to support commercial space operations, the integration of UAS requires 
a robust infrastructure as well. Small UAS (sUAS) will operate in 
airspace at altitudes that are generally considered to be ``below the 
NAS.'' The low-altitude sUAS operations will need some form of 
assistance in ensuring safe separation to avoid collision with manned 
aircraft, other sUAS, terrain, and obstacles. The FAA's work in 
Unmanned Traffic Management is just getting started, and certain 
foundational decisions need to be made about the role of the FAA in 
offering low-altitude separation services. ALPA recommends that the air 
navigation services at low altitude be provided by the same service 
provider of all other airspace in the NAS. In other words, the FAA 
should be providing the separation services and safety oversight. This 
ensures consistent application of safety risk mitigation policies and 
procedures.
    The integration of large UAS also requires the FAA to provide air 
traffic control services for operations that may not be the norm for 
most of today's flights. For example, UAS of the future may loiter over 
one area for many hours or days. However, there are limitations in the 
existing ATC systems that create barriers to this type of UAS 
operations. The non-standard design of UAS when they lose their command 
and control datalink with the remote pilot potentially creates 
significant problems that will likely require FAA investments to 
overcome. Because the FAA recognizes UAS as different than traditional 
commercial aircraft in many different ways, the FAA's modernization 
efforts will also likely need to shift focus to ensure that UAS can be 
accommodated.
Aircraft Equipage to Support NextGen Procedures
    The NextGen modernization initiative has resulted in the creation 
of new performance based navigation departures, arrivals, and 
instrument approaches. These procedures reduce noise, aircraft 
greenhouse gas emissions, and airspace congestion. However, not all of 
the airline aircraft can fly these new procedures. In some 
circumstances there may be 15-20 percent of the airline aircraft that 
are unable to utilize the new procedures. Unfortunately, air traffic 
controllers are unable to maintain the integrity of these operations 
with such high levels of non-equipped aircraft.
    In order for the NextGen procedures to become the standard (instead 
of the exception), the commercial aircraft fleet needs standardized 
equipage capabilities that meet the navigational requirements for 
flying the NextGen procedures. In recent years, there have been 
attempts to implement NextGen procedures with the assumption that 
pilots will utilize work-arounds to offset the limited navigation 
capabilities on some of the aircraft. These work-arounds often add 
complexity and workload, which is counter to the anticipated benefits 
from NextGen. In reality, pilots are working harder than ever to make 
the aircraft comply with the NextGen way of navigating. At times, 
instead of flying approaches with both precision lateral and vertical 
guidance that is automated with the assistance of an autopilot, pilots 
are also asked to hand-fly non-precision approaches on some of today's 
airline aircraft that lack the necessary NextGen navigation capability.
    ALPA has been steadfast in working to ensure that pilots are not 
asked to take a step backwards in safety, in order to accommodate the 
desire to utilize NextGen procedures. Because of our concerns, the FAA 
and airline industry have backed away from their planned implementation 
of certain types of arrivals and approaches when simultaneous 
independent parallel approach operations are underway, until aircraft 
equipage levels have risen to enough aircraft that air traffic 
controllers can efficiently operate with the NextGen procedures as the 
default procedure.
Conclusion
    The NAS continues to perform at very high levels of safety and 
efficiency. The NextGen program has made progress, and ALPA continues 
to support the FAA's efforts to continue the modernization initiative. 
However, more focus on implementing capabilities that will fully 
integrate UAS and commercial space operations is needed. ALPA also 
remains diligent in our efforts to ensure that aircraft equipage is 
keeping up with NextGen procedures design. The Unites States must 
maintain a commitment to modernize our aviation system that stays ahead 
of the growth our industry continues to experience. The growth is vital 
to our Nation's economy, and the safety of travelers and shippers 
cannot be placed in jeopardy because the capacity levels are not 
keeping pace with growth. ALPA stands at the ready to work with this 
Committee, the FAA and other aviation industry stakeholders to ensure 
that our aviation system is safe and efficient now and into the future. 
We appreciate the opportunity to share the ALPA perspectives with you 
today.

    Senator Cruz. Thank you, Captain DePete.
    Ms. Gilbert.

           STATEMENT OF TRISH GILBERT, EXECUTIVE VICE

          PRESIDENT, NATIONAL AIR TRAFFIC CONTROLLERS

                  ASSOCIATION, AFL-CIO (NATCA)

    Ms. Gilbert. Thank you, Chairman Cruz and Ranking Member 
Sinema, members of the Subcommittee. I really appreciate this 
opportunity to testify on behalf of the National Air Traffic 
Controllers Association.
    I am an air traffic controller, having worked at Houston 
Air Route Traffic Control Center, a facility that separates and 
sequences aircraft over southern Texas, Louisiana, southern 
Mississippi, southwest Alabama, and areas over the Gulf of 
Mexico. I was there from 1988 until elected into this position 
in 2009 to represent my members in D.C. There are 20,000 
aviation safety professionals, which include air traffic 
controllers.
    The United States national airspace moves over 70,000 
flights and over 2 million passengers every single day. 
Although it is the safest, most efficient, and most complex 
system in the world, the absence of a stable, predictable 
funding stream is a serious challenge. During the 35-day 
shutdown earlier this year, many programs that reduce risk and 
increase safety stopped. When the shutdown finally ended, the 
system was on the verge of unraveling.
    That is why we and most, if not all, of the aviation 
community support Senate bill 762, the Aviation Funding 
Stability Act of 2019. The more than a decade of stop-and-go 
funding has negatively affected all aspects of the national 
airspace system. It undermines air traffic control services, 
staffing, long-term modernization projects, preventative 
maintenance, and ongoing modernization to the physical 
infrastructure. It also slows the hiring and training process, 
which exacerbates a current controller staffing predicament, 
while preventing the timely implementation of NextGen 
modernization projects and the integration of new users into 
the national airspace system, including private sector 
innovations such as unmanned aircraft systems, commercial space 
operations, and supersonic aircraft. Without funding certainty, 
the FAA will be hard pressed to maintain current capacity, let 
alone modernize the system and expand it for new users.
    Thankfully in October 2018, the five-year FAA authorization 
was signed into law preventing a shutdown due to the lapse in 
authorization, which we have also suffered from. NATCA thanks 
the leadership and members of this Subcommittee for their 
support and passage of that bill and the support and certainty 
it provides.
    Additionally, we are encouraged by the enactment of a two-
year budget deal. However, we strongly urge Congress and the 
administration to avoid another dangerous and costly shutdown 
of the FAA next week by passing a funding bill. We cannot 
afford to suffer another government shutdown.
    Even today the FAA and NATCA are working to reverse the 
harm caused by the shutdown earlier this year when all FAA 
modernization work and new user integration ceased. The 
shutdown caused significant delays to these projects, wasting 
critical resources and Federal taxpayer money. Delays to the 
timelines for each project continue to have a cascading effect 
as the FAA scrambled to restart and deconflict waterfall 
timelines.
    For instance, we know that the shutdown cost taxpayers up 
to $8 million in order to repeat training for controllers in 
the Midwest alone related to the implementation of Data Comm. 
This system is the next generation of communications between 
pilots and controllers and is an enhancement to safety.
    Also, the FAA has begun a process of addressing its aging 
infrastructure through a combination of realignments, 
sustaining and maintaining some facilities, and replacing a 
handful of others. However, that process is slow and has also 
been hampered by the stop-and-go funding.
    One small example is a consolidation of radar services from 
five facilities into Kalamazoo, Michigan that was delayed 51 
days due to the shutdown. This led to increased cost to the FAA 
and taxpayers for engineering services, which had to be 
expedited and completed in a compressed time period.
    Another area we have been vocal about is the 30-year low of 
fully certified air traffic controllers in the system, of which 
16 percent of them are eligible to retire. If they decide to 
retire because of another shutdown, we will not be able to run 
the volume of air traffic that we do today. And during the 
shutdown, the FAA had to stop hiring and close its training 
academy in Oklahoma City. Keeping the hiring pipeline full is 
important as it takes 2 to 5 years to train a new hire to 
become a fully certified air traffic controller.
    That is why we strongly support S. 762, the Aviation 
Funding Stability Act of 2019, which would authorize the FAA to 
draw from the airport and airway trust fund, ensuring that FAA 
can carry out its critical mission in the event of another 
government shutdown. We support this bill because it will 
ensure safety and efficiency remain top priorities, provide for 
funding certainty, protect the dedicated frontline workforce, 
and maintain a dynamic aviation system that continues to 
provide services to all users, areas, and segments of the 
aviation community. We urge all Members of Congress to support 
this legislation.
    Finally, I want to thank Transportation Secretary Elaine 
Chao, Administrator Steve Dickson, Deputy Administrator Dan 
Elwell, and ATO Chief Operating Officer Teri Bristol for their 
leadership and willingness to work with NATCA throughout the 
challenges the FAA faces.
    Thank you again for this opportunity. I look forward to 
your questions.
    [The prepared statement of Ms. Gilbert follows:]

    Prepared Statement of Trish Gilbert, Executive Vice President, 
     National Air Traffic Controllers Association, AFL-CIO (NATCA)
    Thank you for the opportunity to testify on behalf of the National 
Air Traffic Controllers Association, AFL-CIO (NATCA) at today's hearing 
titled ``Improving Air Traffic Control for the American People: 
Examining the Current System.'' NATCA is the exclusive representative 
for nearly 20,000 employees, including the Federal Aviation 
Administration's (FAA) air traffic controllers, traffic management 
coordinators and specialists, flight service station air traffic 
controllers, staff support specialists, engineers and architects, and 
other aviation safety professionals, as well as Department of Defense 
(DOD) and Federal Contract Tower (FCT) air traffic controllers.
                          I. Executive Summary
    NATCA believes that the most serious challenge facing the FAA and 
our National Airspace System (NAS) today is the absence of a stable, 
predictable funding stream. The most recent illustration of this 
unstable, unpredictable funding stream occurred earlier this year when 
the longest Federal Government shutdown in U.S. history ended after 35 
days. That shutdown was terribly harmful because it eroded the layers 
of critical elements necessary to support and maintain the safety of 
the NAS. Every time the government is shut down, or brought to the 
brink of a shutdown, it has real consequences for real people.
    Stop-and-go funding negatively affects all aspects of the NAS. It 
undermines air traffic control services, staffing, hiring and training, 
long-term modernization projects, preventative maintenance, and ongoing 
modernization to the physical infrastructure. It also slows the hiring 
and training process, which exacerbates the current controller staffing 
crisis, while preventing the timely implementation of NextGen 
modernization projects and integration of new users into the NAS. 
Without a stable, predictable funding stream, the FAA will be hard-
pressed to maintain current capacity, let alone modernize the system 
and expand it for new users.
    Although NATCA is encouraged by the enactment of a two-year budget 
deal, we urge Congress and the Administration to avoid another 
dangerous and costly shutdown of the FAA next week by passing a long-
term Transportation, Housing and Urban Development Appropriations bill. 
We cannot afford to suffer another government shutdown this year.
    NATCA also thanks the members of this Subcommittee who are co-
sponsors of S. 762, the Aviation Funding Stability Act of 2019, and we 
urge every Senator on this committee to sign-on as a co-sponsor. NATCA 
strongly supports S. 762, which would provide a stable, predictable 
funding stream by authorizing the FAA to continue to operate in the 
event of another shutdown. Specifically, this critical, bipartisan 
legislation would authorize the FAA to continue to draw from the 
Airport and Airway Trust Fund in the event of a lapse in 
appropriations, ensuring that the FAA can carry out its mission by 
maintaining the safety and efficiency of the NAS.
    Even today, the FAA and NATCA are working to reverse the harm 
caused by the shutdown, when all FAA modernization work and new user 
integration ceased. The shutdown caused significant delays to these 
projects, wasting critical resources and federal taxpayer money. 
Similarly, the FAA has begun the process of addressing its aging 
infrastructure through a combination of realignments, sustaining and 
maintaining some facilities, and replacing a handful of others. 
However, that process is slow and has been hampered by stop-and-go 
funding.
    Stop-and-go funding crises also exacerbate the FAA's air traffic 
controller staffing crisis. The FAA's Certified Professional Controller 
(CPC) workforce has reached a 30-year low and a significant percentage 
of the certified controller workforce remains eligible to retire (16 
percent). To make matters worse, the FAA lowered its air traffic 
controller hiring target for this Fiscal Year from 1,431 to 907 as a 
result of the shutdown.
    Moreover, the controller staffing crisis cannot be remedied simply 
by increased hiring by the FAA. New hires who are admitted into the 
Academy today will require two to five years of training before they 
become fully trained and capable of separating air traffic on their 
own. Of those who are admitted, only about 73 percent of students will 
successfully complete their Academy training and there is additional 
attrition once Academy graduates begin on-the-job training at their 
facilities. NATCA is encouraged, however, as we are starting to see 
some positive results from the transfer program that allows CPCs from 
facilities with a lower staffing need to transfer to facilities with 
the greatest staffing need, while the FAA also continues to place 
Academy graduates at certain air traffic facilities in which initial 
certification is more likely.
    Every time the NAS is forced to endure another shutdown or a 
threatened lapse in appropriations or FAA authorization, the United 
States is at risk of losing its status as the safest, most efficient 
airspace system in the world. We must not let this happen again and 
NATCA will continue to fight for a solution to this problem.
    NATCA's position on air traffic control reform remains consistent. 
We do not support any one particular reform model and we will 
meticulously review the details of any proposal before deciding whether 
to support or oppose it. In order to receive NATCA's consideration for 
support, a reform proposal must improve upon the status quo, without 
adopting a for-profit air traffic control model, and--at minimum--meet 
NATCA's Four Core Principles for Reform:

  1.  Any reform model must ensure that the frontline workforce is 
        fully protected in its employment relationship.

  2.  Safety and efficiency must remain the top priorities within the 
        NAS.

  3.  The reform model must provide a stable, predictable funding 
        stream that adequately supports air traffic control services, 
        staffing, hiring and training, long-term modernization 
        projects, preventative maintenance, and ongoing modernization 
        to the physical infrastructure.

  4.  Any reform model must maintain a dynamic aviation system that 
        continues to provide services to all segments of the aviation 
        community.
        II. Our System Continues to be Plagued by an Unstable, 
                      Unpredictable Funding Stream
    For years, the FAA has faced an unstable, unpredictable funding 
stream with interruptions that have negatively affected all aspects of 
the Agency. NATCA believes that this is the most serious challenge 
facing the FAA and our NAS today. Change is necessary to ensure a 
stable, predictable funding stream for the NAS. Without change, our 
Nation risks falling behind the rest of the world and losing its status 
as the global leader in aviation. Globalization and innovation are 
driving dramatic changes in the aviation industry and, sadly, America's 
current structure is not keeping up.
    The most recent illustration of this unstable, unpredictable 
funding stream occurred earlier this year when the longest Federal 
Government shutdown in U.S. history ended after 35 days. As NATCA 
explained during the shutdown and since, it was anything but business 
as usual for aviation during the shutdown. Every day, over 70,000 
flights and over two million passengers move through the NAS. Although 
the U.S. is home to the safest and most efficient system in the world, 
during the shutdown, many activities and processes that proactively 
reduce risk and increase safety were suspended. Even though the NAS is 
safer now than it was during the shutdown, NATCA believes that many 
aspects of the system still have not yet fully recovered. The NAS 
cannot endure another shutdown.
    The NAS and the FAA did not automatically revert to normalcy the 
day the shutdown ended. It took weeks and months for some programs and 
services, and may take years for other aspects of the system to return 
to normal order, especially in the areas of new user integration, 
NextGen implementation, and the continued development and deployment of 
other safety and modernization programs. The reality that no one wants 
to hear is that the NAS was less safe on Day 35 of the shutdown than it 
was on Day 1. The system began to experience decreased efficiency and 
capacity as a result of the shutdown and was on the verge of 
unraveling.
    Given the unprecedented nature and length of that shutdown, there 
is no question that it damaged the NAS, which supports 12 million 
aviation-related jobs and contributes over $1.5 trillion annually to 
the U.S. economy. Every time the government is shut down, or brought to 
the brink of a shutdown due to political disagreements that have 
nothing to do with aviation, it has real consequences for real people. 
Unfortunately, shutdowns and threats of shutdowns have become a common 
occurrence.
    Since the start of Fiscal Year (FY) 2018, the FAA has experienced 
three shutdowns and 12 additional threatened shutdowns either due to a 
lapse in appropriations or a lapse in FAA authorization. Below is a 
timeline of this stop-and-go funding cycle since the beginning of FY 
2018:

   Sept. 30, 2017--Threatened Lapse in both Appropriations and 
        FAA Authorization (CR through 12/8; and FAA Extension through 
        3/31)

   Dec. 8, 2017--Threatened Lapse in Appropriations (CR through 
        12/22)

   Dec. 22, 2017--Threatened Lapse in Appropriations (CR 
        through 1/19)

   Jan. 20, 2018--THREE-DAY SHUTDOWN (CR through 2/9)

   Feb. 9, 2018--MULTI-HOUR SHUTDOWN (CR through 3/23)

   March 23, 2018--Threatened Lapse in Appropriations (CR 
        through 9/30)

   March 31, 2018--Threatened Lapse in FAA Authorization 
        (Extension through 9/30)

   Oct. 1, 2018--Threatened Lapse in both Appropriations and 
        FAA Authorization (CR through 12/7; and FAA Extension through 
        10/7)

   Oct. 7, 2018--Threatened Lapse in FAA Authorization (5-year 
        FAA Reauthorization)

   Dec. 7, 2018--Threatened Lapse in Appropriations (CR through 
        12/22)

   Dec. 22, 2018--35-DAY SHUTDOWN (CR through 2/15)

   Feb. 15, 2019--Threatened Lapse in Appropriations (Expires 
        9/30/19)

   Sept. 30, 2019--Threatened Lapse in Appropriations (TBD)

    Although NATCA is encouraged by the enactment of the two-year 
budget deal that ended sequestration, we are approaching another 
possible government shutdown when current funding expires on September 
30. We urge Congress and the Administration to avoid another dangerous 
and costly shutdown next week. No matter the outcome, air traffic 
controllers and other aviation safety professionals represented by 
NATCA will continue to work without pay, committed to safety of the 
NAS. But the risks are real that safety will decline if we experience 
another shutdown.
    NATCA thanks the leadership and members of this Subcommittee for 
their support and passage of a five-year FAA Authorization in October 
2018, which will prevent a lapse in authorization. However, NATCA urges 
Congress to pass a long-term Transportation, Housing and Urban 
Development Appropriations bill that provides robust funding for the 
FAA.
    NATCA also thanks the members of this Subcommittee who are co-
sponsors of S. 762, the Aviation Funding Stability Act of 2019, and we 
urge every Senator on this committee to sign-on as a co-sponsor. NATCA 
strongly supports S. 762, which would provide a stable, predictable 
funding stream by authorizing the FAA to continue to operate in the 
event of another shutdown.
    In short, this important bill would authorize the FAA to continue 
to draw from the Airport and Airway Trust Fund (Trust Fund) in the 
event of a future government shutdown due to a lapse in appropriations, 
ensuring that the FAA can carry out its mission by maintaining the 
safety and efficiency of the NAS. All projects, programs, and 
activities that were previously funded would continue to be funded out 
of the Trust Fund until a new appropriations bill or a continuing 
resolution is signed into law. This would prevent the FAA from 
furloughing thousands of aviation safety professionals, which reduces 
the safety of the NAS. It would also prevent a government shutdown from 
delaying the development, testing, training, and implementation of 
critical modernization projects and safety programs.
III. Without a Stable, Predictable Funding Stream the NAS is at Risk of 
   Falling Behind as the Gold Standard for Aviation Around the World
    The stop-and-go funding stream negatively affects all aspects of 
the NAS. It undermines air traffic control services, staffing, hiring 
and training, long-term modernization projects, preventative 
maintenance, and ongoing modernization to the physical infrastructure. 
These funding crises slow the hiring and training process, which 
exacerbates the current controller staffing crisis. The lack of a 
stable funding stream also prevents timely implementation of NextGen 
modernization projects, as well as the safe and efficient integration 
of new users into the NAS.
1. Integration of New Users
    Without a stable, predictable funding stream, the FAA will be hard-
pressed to maintain current capacity, let alone modernize the system 
and expand it for new users, such as commercial space operations, 
Unmanned Aircraft Systems (UAS), and supersonic jets. Understaffing at 
air traffic facilities hinders the integration of new users, as well as 
the deployment and training of NextGen programs, procedures, and 
equipment. Among other effects of the shutdown, the integration of new 
users into the NAS was put on hold during the shutdown, and those 
delays will negatively affect private sector innovation--both large and 
small companies alike.
2. NextGen and Modernization Program Implementation Continues to Lag as 
        a Result of the Shutdown
    The 35-day Federal Government shutdown was terribly harmful because 
it eroded the layers of critical elements necessary to support and 
maintain the safety of the NAS. Many safety activities that proactively 
reduce risk and increase the safety of the NAS were suspended as a 
result of the shutdown. For instance, the FAA Air Traffic 
Organization's (ATO) Top 5 Hazards in the NAS were not being addressed, 
which include risks associated with Pilot Weather Reports (PIREPS), 
Wrong Surface Landings, Safety Alerts, Altitude Compliance, and 
Operational Risk Management (ORM).
    Specifically, safety enhancements that prevent wrong surface 
landings were suspended because of the shutdown. Each year, there are 
more than 200 events in which an aircraft lands, or attempts to land, 
on the wrong runway, on a taxiway, or at the wrong airport entirely. 
The aviation industry, NATCA, and the FAA are working on the 
implementation and additional development of new technologies that 
would provide air traffic controllers with an early warning system 
designed to mitigate the risk of aircraft landing on the incorrect 
surface (i.e., runway, a taxiway, or at the wrong airport). Development 
of these new technologies was significantly delayed because of the 
shutdown.
    Delays to these types of programs, which have already saved lives, 
have real world consequences. For example, in February 2019, at 
Philadelphia International Airport (PHL), a flight was cleared to land 
on Runway 35, but aligned itself on Taxiway E, parallel to the intended 
runway. A runway safety enhancement in Airport Surface Detection 
System--Model X (ASDE-X) called ASDE-X Taxiway Arrival Prediction 
(ATAP) Alerting System alerted the local controller who immediately 
instructed the pilot to execute a go-around. The pilot overflew two 
commercial airplanes on the taxiway by 600 and 700 feet, respectively, 
on the go-around.
    The ATAP system is currently enabled at 12 airports in addition to 
PHL: Hartsfield- Jackson Atlanta International Airport (ATL), Bradley 
International Airport (BDL), Baltimore/Washington International 
Thurgood Marshall Airport (BWI), Charlotte Douglas International 
Airport (CLT), Dallas/Fort Worth International Airport (DFW), Detroit 
Metropolitan Wayne County Airport (DTW), Houston George H.W. Bush 
Intercontinental Airport (IAH), Los Angeles International Airport 
(LAX), Orlando International Airport (MCO), Chicago O'Hare 
International Airport (ORD), Seattle- Tacoma International Airport 
(SEA), and St. Louis Lambert International Airport (STL). Prior to the 
shutdown, the FAA scheduled ATAP to be enabled by March 31, 2019, at 
approximately 20 major airports.
    However, due to the shutdown, that implementation has been delayed 
an additional six to nine months for air traffic control facilities at 
17 additional airports, including: Boston Logan International Airport 
(BOS), Washington National Airport (DCA), Denver International Airport 
(DEN), Newark Liberty International Airport (EWR), Fort Lauderdale-
Hollywood International Airport (FLL), Honolulu Control Facility (HCF), 
Houston Hobby International Airport (HOU), McCarran International 
Airport (LAS), Chicago Midway International Airport (MDW), Memphis 
International Airport (MEM), Miami International Airport (MIA), 
Minneapolis-Saint Paul International Airport (MSP), Phoenix Sky Harbor 
International Airport (PHX), T.F. Green International Airport (PVD), 
San Diego International Airport (SAN), Louisville International Airport 
(SDF), and Salt Lake City International Airport (SLC).
    Voluntary safety reporting programs, such as the Air Traffic Safety 
Action Program (ATSAP), also were negatively affected. Critical 
communication between the ATSAP review teams and furloughed staff was 
deferred, resulting in an inability to properly identify and mitigate 
safety and training deficiencies. ATSAP-X, the voluntary safety 
reporting program for NATCA-represented engineers and service area 
support staff, also was not operating, while all work on existing 
reported safety issues and associated mitigation activities was 
suspended.
    In addition, some of the critical safety equipment and technology 
that controllers use every day is decades old and at risk of 
malfunctioning. Even before the shutdown, the FAA had moved to a ``fix-
on-fail'' maintenance philosophy and had stopped stockpiling critical 
parts for essential operational equipment. However, because of the 
shutdown, critical maintenance and repair projects were delayed even 
more. There now is a backlog of maintenance projects at facilities 
around the country. Another government shutdown would make this 
situation even worse.
    As a result of the shutdown, all FAA modernization work and new 
user integration ceased. The shutdown caused significant delays to 
these projects, wasting critical resources and Federal taxpayer money. 
Even today, delays to the timelines for each project are having a 
cascading effect on other modernization projects as the FAA scrambled 
to restart work and deconflict waterfall timelines.
    For example, we know that the shutdown cost taxpayers up to $8M in 
order to repeat training for controllers at five air traffic facilities 
related to the implementation and deployment of Enroute Controller 
Pilot Data Link Communications (CPDLC), most often referred to as 
DataComm. This system is the next generation of communication between 
pilots and controllers. The DataComm has been delayed significantly as 
the implementation waterfall was extended by 18 months.
    In addition, critical construction to the physical infrastructure 
also stopped at airports and radar facilities across the country.
A. Delays to VOR Network Modernization Program (VORMON)
    The NAS is in the process of transitioning away from a standalone 
VOR network (i.e., Very High Frequency (VHF) Omni-Directional Range 
radio ground-based navigational aide) to the more-efficient Performance 
Based Navigation (PBN) system. Very High Frequency Omni-directional 
Range Minimum Operational Network (VORMON) will eliminate redundant 
coverage and will provide more efficient routings in congested 
metropolitan areas. Conventional airways (SIDS, STARS, IAP, etc.) that 
were previously supported by VOR may be replaced with PBN procedures.
    Typically, it takes between 24 to 36 months to design and implement 
a PBN procedure to replace a conventional VOR procedure. In 2018, 22 
VORs were removed. In 2019 and 2020, the FAA was scheduled to remove 27 
and 48 VORs, respectively. After the shutdown ended, it was a slow and 
gradual process to get back on track, in part because the PBN Office 
did receive approval to work on any projects until April 2019, which 
created a significant backlog.
B. Delays to Performance Based Navigation (PBN) Procedures
    The modernization of the U.S. satellite-based network of PBN flight 
paths will help air traffic conduct Trajectory Based Operations (TBO). 
PBN services are laying the foundation for the NAS of the future by 
enabling many NextGen operational improvements, capabilities, and 
initiatives. Through these programs, the FAA is beginning to monitor an 
aircraft's trajectory including its time at points along a 3-D path so 
that we can anticipate the timing of arrivals at major airports. 
Ultimately, PBN procedures and routes save time and fuel while reducing 
emissions.
    The FAA has already published more than 9,300 PBN procedures and 
routes. Before the shutdown, there were over 1,000 procedures that were 
being developed in collaboration with pilots, air traffic controllers, 
and airports. This has been significantly delayed and, even now that 
the shutdown is over, it may take 24 to 36 months to continue the 
design and implementation process for many of these procedures. 
Multiple large and small PBN projects will be delayed including 
projects in South Florida, Las Vegas, Detroit, Cleveland, Denver, the 
Northeast Corridor initiative, and airspace modernization efforts at 
Louisville International Airport (SDF).
    For instance, the Florida Metroplex project implementation schedule 
was delayed four to five months due to the shutdown. If there are any 
additional delays to DataComm, the Florida Metroplex will be put on 
hold indefinitely and will be delayed beyond its current funding 
timeline which ends in September 2021. Similarly, the Las Vegas 
Metroplex is on schedule to implement on May 21, 2020. However, if 
there are any additional delays to DataComm, it will be delayed at 
least an additional five to six months.
C. Time Based Flow Management (TBFM)
    TBFM will enhance NAS efficiency by using the capabilities of a 
decision-support tool, which is already deployed at numerous air 
traffic control facilities. TBFM maximizes aircraft throughput and 
capacity within the system in order to maintain a high-level of 
efficiency and predictability by reducing delays, travel time, and fuel 
expenses. These programs also help reduce the effects on the 
environment including noise, emissions, and other environmental issues 
in the implementation and operation of the aviation system.
    Improvements in TBFM core Time Based Metering capability and its 
trajectory modeler--an expansion of its departure capabilities to 
additional locations--and enhancements to departure capabilities, will 
enhance efficiency and optimize demand and capacity. Moreover, 
capabilities in this portfolio will be leveraged to enable aircraft to 
maintain a spacing interval behind a preceding aircraft, further 
improving capacity and flight efficiency. Improvements also will enable 
controllers to more accurately deliver aircraft to the Terminal Radar 
Approach Control (TRACON) facilities while providing the opportunity 
for aircraft to fly optimized descents.
    Approximately 93 FAA facilities currently have TBFM: 20 Air Route 
Traffic Control Centers (ARTCCs), 28 TRACONs, and 45 Air Traffic 
Control Towers. However, enhancements and updates that will enable 
future capabilities were significantly delayed due to the shutdown.
    For instance, the latest TBFM software release and hardware 
deployments were delayed from Spring of 2019 to the Fall of 2019. This 
software release contains enhancements for both the arrival and 
departure phases of flight to improve throughput and capacity, while 
reducing flight delays. Moreover, certain Northeast Corridor milestones 
were delayed between 6--12 months, such as early departure scheduling 
from Pittsburgh International Airport (PIT) to Philadelphia 
International Airport (PHL), improving PHL arrival metering, and 
improving Newark Liberty International Airport (EWR) arrival metering. 
TBFM training development to support these efforts was delayed and, in 
a number of cases, had to be revisited and updated due to the shutdown.
D. Terminal Sequencing and Spacing (TSAS) Development and Deployment 
        Further Delayed
    TSAS will increase the precision of time-based spacing and will 
reduce the likelihood of low altitude delay vectors needed to achieve 
runway separation. En route controllers will use time-based metering 
tools to merge aircraft into arrival streams, adjust aircraft speed and 
path assignments to meet metering times, and assist terminal 
controllers with the sequencing and spacing of aircraft throughout the 
arrival phase of flight. Decision support tools like TSAS rely on the 
ability of aircraft to fly PBN arrival procedures to maximize system 
and individual flight efficiencies. However, TSAS initial operational 
capability (IOC) milestones for Denver (December 2019) and Atlanta 
(December 2020) were each delayed one year due to the shutdown.
E. Traffic Flow Management System (TFMS) Further Deployment Delayed
    TFMS will enhance NAS efficiency by using the capabilities of a 
decision-support tool, which is already deployed at numerous air 
traffic control facilities. TFMS maximizes aircraft throughput and 
capacity within the system in order to maintain a high-level of 
efficiency and predictability by reducing delays, travel time, and fuel 
expenses. These programs also help reduce the effects on the 
environment including noise, emissions, and other environmental issues 
in the implementation and operation of the aviation system.
    Improvements in TFMS core Time Based Metering capability and its 
trajectory modeler--an expansion of its departure capabilities to 
additional locations--and enhancements to departure capabilities, will 
enhance efficiency and optimize demand and capacity. Moreover, 
capabilities in this portfolio will be leveraged to enable aircraft to 
maintain a spacing interval behind a preceding aircraft, further 
improving capacity and flight efficiency. Improvements also will enable 
controllers to more accurately deliver aircraft to the TRACON 
facilities while providing the opportunity for aircraft to fly 
optimized descents.
    Prior to the shutdown, there was a ``Tech Refresh'' for TFMS 
scheduled to begin January 2019. This was a major update to the 
hardware and operating system used by TFMS. However, due to the 
shutdown, it was delayed until June 2019. This created a very 
undesirable situation because this compressed the funding time frame 
for this project and forced the FAA to begin implementation during the 
busy summer travel season, mostly in the Northeast Corridor, and 
facilities had limited or reduced usage of the system during the 
busiest time of the year. The FAA estimates that this delay cost 
approximately $2.4M.
F. Delays to Terminal Flight Data Manager (TFDM) Deployment
    TFDM is the surface management solution for NextGen. With growing 
congestion on the airport surface due to the increase in commercial air 
traffic nationwide, the need for efficient aircraft traffic planning on 
the airport ground is critical. This program was delayed due to the 
shutdown.
    Over the life of the system, TFDM is expected to provide 313 
million gallons in fuel savings, while reducing over three million 
metric tons of carbon emissions. The flying public also will experience 
fewer delays, more reliable flight schedules, improved passenger 
satisfaction, and improved predictability. Airlines and other flight 
operators will experience improved schedule predictability and crew 
utilization, less taxi time and fuel burn, increased reliability of 
connection, and reduced departure lines on the taxiway. Airport 
operators expect to reduce their CO2 footprint, reduce 
engine noise, and experience a more balanced use of airport resources.
    Air traffic services expect to benefit through automatically 
updated flight plans and electronic flight strips, easier rescheduling 
cancelled and delayed flights, fewer aircraft in the movement area and 
departure queue, and improved surface situational awareness at the 
TRACON, ARTCC, and Command Center. Most importantly, TFDM will improve 
safety, as controllers will experience less ``heads down'' time.
G. Trajectory Based Operations (TBO) Deployment
    TBO is an Air Traffic Management (ATM) method for strategically 
planning, managing, and optimizing flights throughout the NAS by using 
time-based management, information exchange between air and ground 
systems, and the aircraft's ability to fly precise paths (PBN) in time 
and space. TBO deployment at the first three sites--Northeast Corridor, 
Denver, and Atlanta--was significantly delayed due to the shutdown.
    Once fully deployed, TBO will leverage improvements in navigation 
accuracy, communications, surveillance, and automation to decrease the 
uncertainty of an aircraft's path in four dimensions--lateral (latitude 
and longitude), vertical (altitude) and time--which will result in 
significant improvements in strategic planning. However, TBO requires 
every participant and system to be operating on the same plan. That 
plan is expressed and shared through the agreed trajectory, which is 
used as a reference for the flight and contains estimates for arrival 
times at key points along the flight.
    The time-based parameter provides a common planning reference 
across all phases of flight, including pre-departure. This facilitates 
planning integration across ATC domains, enables the FAA to plan 
against the schedule objectives of users (i.e., departure and arrival 
times), and allows for more dynamic planning through a constrained area 
such as a major weather event, metering adjustments across merge points 
for the convergence of major flows, or for individual aircraft being 
integrated into congested flows.
H. Enterprise Information Display System (E-IDS) Development and 
        Testing 
        Delayed
    Development and deployment of E-IDS will allow controllers to 
access vital information while working an operational position such as 
approach plates, letters of agreement, weather, airport configurations, 
standard operating procedures, and Notices to Airmen (NOTAMs). E-IDS is 
currently in the development phase and, once completed, will combine 
the five existing information display systems into one. Several of 
these existing systems are well-beyond their lifecycle and are 
constantly at risk of failing. This program was delayed due to the 
shutdown.
I. Consolidated Wake Recategorization (CWT)
    CWT enables controllers to use more efficient aircraft separation 
standards (flying planes closer together) without compromising safety, 
which means that more planes can take off and land throughout the 
system. Currently, CWT is deployed at seven terminal facilities, with 
18 more to come. Further deployment of this program was delayed due to 
the shutdown.
J. NextGen Weather Program (NWP)
    NWP is a critical part of NextGen because it helps reduce the 
negative effects of weather on aviation, resulting in safer, more 
efficient, and more predictable day-to-day NAS operations. NWP will be 
able to provide tailored aviation weather products within the NAS, 
helping controllers and operators develop reliable flight plans, make 
better decisions, and improve on-time performance. This program was 
delayed due to the shutdown.
K. Northeast Corridor (NEC) Shutdown Effects
    Several NEC pre-implementation and implementation milestones were 
delayed by the shutdown for multiple reasons, including delays to other 
programs such as DataComm, requirements for facility engagement, 
analysis preparation, and software development. Prior to the shutdown, 
there were 19 pre-implementation milestones and 10 implementation 
milestones. As a result of the shutdown, six of the 19 pre-
implementation milestones and nine of the 10 implementation milestones 
were delayed.
    For example, the following milestones incurred delays:

   Early departure scheduling from PIT to PHL was delayed five 
        months.

   TBFM pre-departure scheduling implementation for PIT 
        departures arriving at PHL was delayed six months.

   Implementation of Dependent Converging Instrument Approaches 
        (DCIA) for PHL RWY 27R/35 was delayed nine months.

   Concept assessments for usage of Converging Runway Display 
        Aids (CRDA) at EWR operations was delayed three months.

   PBN Atlantic Coast Routings were delayed nearly one year.

   Three month delay to improve departure management (departure 
        scheduling) for departures destined for LaGuardia Airport 
        (LGA).

   One year delay to improve arrival Time Based Management 
        (TBM) to PHL and EWR in order to deconflict schedule with 
        DataComm, Tech Refresh, and East Coast Airspace changes.
3. Unable to Maintain FAA's Rapidly Aging Physical Infrastructure
    The FAA operates more than 300 air traffic control facilities of 
varying ages and conditions. The FAA's 20 Air Route Traffic Control 
Centers (ARTCCs) located in the continental United States were built in 
the 1960s and are more than 50 years old. The FAA's large, stand-alone 
Terminal Radar Approach Control facilities (TRACONs) are, on average, 
25 years old. In addition, the FAA has 132 combined TRACON/Towers, 
which on average approximately 35 years are old. Finally, the FAA has 
another 131 stand-alone towers, which average approximately 30 years 
old; the oldest is over 75 years old.
    The FAA has begun the process of addressing its aging 
infrastructure through a combination of realignments, sustaining and 
maintaining some facilities, and replacing a handful of others. 
However, that process has been slow and hampered by the stop-and-go 
funding stream.
    In fact, during the shutdown, critical physical infrastructure 
construction projects stopped at airports and radar facilities across 
the country. For example, the consolidation of radar services from five 
facilities into Kalamazoo, Mich., was delayed 51 days. This led to 
increased costs to the FAA and taxpayers for engineering services, 
which had to be expedited and completed in a compressed time period. In 
addition, some of the critical safety equipment and technology that 
controllers use every day is decades old and at risk of malfunctioning. 
Even before the shutdown, the FAA had moved to a ``fix-on-fail'' 
maintenance philosophy and had stopped stockpiling critical parts for 
essential operational equipment. However, because of the shutdown, 
critical maintenance and repair projects have been delayed even more. 
There now is a backlog of maintenance projects at facilities around the 
country.
    The FAA needs a stable, predictable funding stream in order to 
adequately maintain and replace its aging infrastructure in the coming 
years.
4. Air Traffic Controller Staffing Continues at a 30-Year Low
    Air traffic controller staffing has been a concern for many years. 
It reached a crisis level in 2015 and despite some recent progress 
within the FAA's hiring, training, and transfer processes, it remains a 
challenge, one that has been exacerbated by the shutdown.
    Since 2015, NATCA has been raising concern and awareness about the 
staffing issue because of the disastrous effects that further staffing 
reductions could have on system capacity. On May 19, 2015, NATCA 
testified about this issue in the context of air traffic control 
modernization and reform before the Senate Committee on Commerce, 
Science, and Transportation. On December 8, 2015, NATCA addressed the 
controller staffing crisis at a Congressional Roundtable policy 
discussion held by the House Transportation & Infrastructure Committee. 
On June 15, 2016, NATCA testified about the controller staffing crisis 
before the House Transportation & Infrastructure Committee at a hearing 
titled ``A Review of the Federal Aviation's Air Traffic Controller 
Hiring, Staffing and Training Plans.'' Then, on May 17, 2017, NATCA 
again testified about the controller staffing crisis, as part of the 
justification for needing ATC reform, before the House Transportation & 
Infrastructure Committee, at a hearing titled ``The Need to Reform FAA 
and Air Traffic Control to Build a 21st Century Aviation System for 
America.''
    The FAA's Certified Professional Controller (CPC) workforce is at a 
30-year low. Controller staffing has fallen 10 percent since 2011, and 
a significant percentage of the certified controller workforce remains 
eligible to retire (16 percent). The stop-and-go funding stream for the 
FAA has made this problem worse. Sequestration forced the FAA to 
institute a hiring freeze and shutter the FAA Academy between March and 
December 2013. The hiring freeze compounded an already tenuous staffing 
situation in which the FAA had barely been able to replace retiring 
controllers. The FAA never made up for the sequester-related hiring 
freeze in 2013 and continues to lose ground despite some improvements 
in the areas of hiring, training, and placement.


    Despite increased hiring in 2015, 2016, and 2017, the FAA did not 
make up for the attrition experienced from 2013 through 2017. Although 
the FAA has exceeded its hiring targets each of the past three years, 
CPC staffing levels continued to go down by 3.2 percent over that 
period. One potential solution, as part of a comprehensive hiring and 
training program, is to utilize the FAA Academy's maximum throughput 
capacity (approx. 2,000 students per year).
    Even then, new hires who are admitted into the Academy today will 
require two to five years of training before they become fully trained 
and capable of separating air traffic on their own. Moreover, of those 
who are admitted, currently approximately 73 percent of students in 
either the Tower/Terminal or En Route options will successfully 
complete their Academy training and screening before moving on to train 
at their facility. There is additional attrition once Academy graduates 
begin on-the-job training at their facilities.
    Air traffic facilities that are at critical staffing levels (i.e., 
requiring mandatory overtime and a six-day work week to fully staff all 
positions) are facing a dire situation, as retirement-eligible 
controllers continue to retire at a high rate, and those left on the 
job begin the time-intensive process of training controllers who 
transfer in from less complex/busy facilities and/or Academy graduates. 
NATCA is encouraged, however, as we are starting to see some positive 
results from the transfer program that allows CPCs from facilities with 
a lower staffing need to transfer to facilities with the greatest 
staffing need, while the FAA also continues to place Academy graduates 
at certain air traffic facilities in which initial certification is 
more likely.
    Despite this progress, the shutdown caused a ripple effect further 
delaying Academy training courses throughout 2019, which has and will 
continue to exacerbate the existing air traffic controller staffing 
crisis. For instance, the FAA drastically reduced its air traffic 
controller hiring target following the shutdown from 1,431 to 907. 
Although the FAA advised NATCA that it has exceeded this new lower 
goal, its total new hires significantly lower than what the Agency had 
intended to hire in FY 2019.
5. FAA's Procurement System
    We urge Congress and the FAA to take a close look at Agency's 
procurement rules, which are fundamentally flawed in regard to planning 
and funding for NextGen, and to consider further procurement reform for 
the FAA. More than 20 years ago, the FAA Reauthorization Act of 1996 
(Pub. L. 104-264) included procurement reform, which granted the FAA 
the authority to create its own acquisition management system and adopt 
its own procurement rules to allow the Agency to be more nimble in this 
area. However, in practice, the FAA merely created a set of procurement 
rules that mirror the rest of the Federal Government, which defeated 
the purpose of procurement reform.
              IV. Any Air Traffic Control Reform Proposal 
                   Must Meet Our Four Core Principles
    A stop-and-go funding stream for the NAS is unsustainable. These 
crises wreak havoc on the system, delay critical modernization and 
infrastructure projects, and exacerbate the current controller staffing 
crisis, which has resulted in a 30-year low of CPCs. Every time the NAS 
is forced to endure another shutdown or a threatened lapse in 
appropriations or FAA authorization, the United States is at risk of 
losing its status as the safest, most efficient airspace system in the 
world. We must not let this happen again and NATCA will continue to 
fight for a solution to this problem. In order to receive NATCA's 
support, any ATC reform proposal must meet our four core principles. We 
will oppose any proposal that fails to meet our four core principles.
1. NATCA's Four Core Principles For ATC Reform
    NATCA's position on air traffic control reform remains consistent. 
We do not support any one particular reform model and we will 
meticulously review the details of any proposal before deciding whether 
to support or oppose it. In order to receive NATCA's consideration for 
support, a reform proposal must improve upon the status quo, without 
adopting a for-profit air traffic control model, and--at minimum--meet 
NATCA's Four Core Principles for Reform:

  1.  Any reform model must ensure that the frontline workforce is 
        fully protected in its employment relationship. It is crucial 
        to maintain NATCA members' pay and benefits, including 
        retirement and health care, along with our negotiated 
        agreements for their work rules, and indemnification for our 
        members for acts within the scope of their employment.

  2.  Safety and efficiency must remain the top priorities within the 
        system. We cannot allow maintenance to lag or a reduction in 
        staffing to save money. The NAS must be fully staffed to ensure 
        both safety and efficiency, and to maintain capacity.

  3.  A stable, predictable funding stream must adequately support air 
        traffic control services, staffing, hiring and training, long-
        term modernization projects, preventative maintenance, and 
        ongoing modernization to the physical infrastructure. Stop-and-
        go funding crises slow the hiring and training process, which 
        exacerbate the current controller staffing crisis. The lack of 
        a stable funding stream also prevents timely implementation of 
        NextGen modernization projects and the integration of new 
        users.

  4.  Any reform model must maintain a dynamic aviation system that 
        continues to provide services to all segments of the aviation 
        community, from commercial passenger carriers and cargo haulers 
        to business jets and to general aviation, from the major 
        airports to those in small communities and rural America. We 
        cannot emphasize enough how important it is that our system 
        continues to provide services to the diverse users of the NAS. 
        The United States has a vibrant general aviation community that 
        relies on us, while the economic success of rural America also 
        is connected to access to the NAS through serving even the most 
        remote areas.
2. NATCA Strongly Supports the Aviation Funding Stability Act of 2019 
        Because It Meets Our Four Core Principles
    NATCA strongly supports S. 762, the Aviation Funding Stability Act 
of 2019, (and its companion in the House, H.R. 1108), which would allow 
the FAA to continue to operate in the event of another shutdown. In 
short, this important bill would authorize the FAA to continue to draw 
from the Airport and Airway Trust Fund (Trust Fund) in the event of a 
future government shutdown due to a lapse in appropriations, ensuring 
that the FAA can carry out its mission by maintaining the safety and 
efficiency of the NAS.
    All projects, programs, and activities that were previously funded 
would continue to be funded out of the Trust Fund until a new 
appropriations bill or a continuing resolution is signed into law. This 
would prevent the FAA from furloughing thousands of aviation safety 
professionals, which reduces the safety of the NAS. It would also 
prevent a government shutdown from delaying the development, testing, 
training, and implementation of critical modernization projects and 
safety programs.
    NATCA has thoroughly reviewed the Aviation Funding Stability Act of 
2019 and has determined that it meets our Four Core Principles for 
Reform. This bill will provide a stable, predictable funding stream for 
the NAS by preventing future government shutdowns from affecting the 
FAA, as each of the FAA's four budget lines would be protected: 
Operations (Ops); Facilities and Equipment (F&E); Research, 
Engineering, and Development (RE&D); and Grant-in-Aid to airports 
(Airport Improvement Program, AIP). The FAA also would not have to stop 
hiring or suspend training during a government shutdown. NATCA strongly 
supports this legislation.
    NATCA thanks all Senators who are co-sponsors of this bill, and we 
urge every Senator on this committee to sign-on as a co-sponsor to 
S.762 to ensure the FAA will continue to operate in the event of 
another shutdown..
                             V. Conclusion
    The most serious issue currently facing the FAA is the unstable, 
unpredictable funding stream, which jeopardizes the safety, efficiency, 
and capacity of the NAS. The continued dependence on continuing 
resolutions and prevalence of government shutdowns (real or threatened) 
all have negative consequences for the operation and improvement of the 
NAS. There is no doubt that this status quo has been broken for some 
time.
    The most recent 35-day government shutdown wreaked havoc on the NAS 
and all NATCA members. That shutdown left the NAS less safe than it was 
before the shutdown began, as it took weeks and months for many 
modernization programs and other services to return to normal order, 
while it may take years for other aspects of the system to do the same. 
Another government shutdown this year would make this situation even 
worse.
    Every time the NAS is forced to endure another shutdown or 
threatened lapse in appropriations or FAA authorization, the United 
States is at risk of losing its status as the safest, most efficient 
airspace system in the world. We cannot let this happen again and NATCA 
will continue to fight for a solution to this problem, such as our 
vigorous support for S. 762.
    NATCA thanks Chairman Cruz and Ranking Member Sinema, as well as 
Chairman Wicker and Ranking Member Cantwell, for the opportunity to 
offer testimony on this critical issue.

    Senator Cruz. Thank you.
    Ms. Pinkerton.

           STATEMENT OF SHARON PINKERTON, SENIOR VICE

         PRESIDENT, LEGISLATIVE AND REGULATORY POLICY,

                      AIRLINES FOR AMERICA

    Ms. Pinkerton. We appreciate the opportunity to testify 
today with respect to our nation's air traffic control system. 
As an industry, we are committed to pursuing solutions that are 
going to increase safety, capacity, and efficiency in our 
system. For the U.S. airline industry, safety is our top 
priority, and we are very proud of our record.
    But we have also spent billions of dollars on new 
airplanes, new infrastructure, and new equipage to try to make 
flying more efficient. The gains that we have gotten so far 
enable us to fly 28,000 flights a day all over the world in an 
environmentally responsible manner. But if NextGen were able to 
deliver just 5 percent reduced emissions, that would translate 
into taking 10 million metric tons of CO2 out of the 
environment. It is the equivalent of taking 2.2 million cars 
off the road.
    It is going to take more than just deploying equipage and 
deploying programs. The FAA needs to create standards and 
procedures. The air traffic controllers need to be trained to 
use those procedures, and then we actually have to use them in 
the system. We are focused on achieving a greener future. We 
have to if we are going to meet the passenger and cargo demand 
of the future in a sustainable way. We have got to be able to 
operationalize the fuel, time, and climate benefits of all of 
this new communications navigation and surveillance technology.
    Now, as you are all aware, during the last Congress, 
Airlines for America supported changes to the Air Traffic 
Organization's governance and funding model. We thought that 
was reform that would deliver value, especially to the 
traveling and shipping public.
    Ultimately, Congress decided not to move in that direction. 
And accordingly, we are looking forward to working with you, to 
working with the other stakeholders here at the table today, 
and the FAA to try to drive consensus around proposals that are 
going to make the system better. And to that end, we want to 
thank Senator Moran and those Senators who have sponsored S. 
762 and keeping the FAA open during the shutdown.
    You know, at the core of getting to a more efficient 
system, what we would like to see is it take less time to move 
people and packages from airport A to airport B. But the 
reality is that over the decades, the time to fly from one U.S. 
airport to the other on average got longer not shorter. If you 
just look at the San Francisco to L.A. route, in 2018 flying 
that route took 12.3 minutes longer than it did in 2010. That 
added 12 minutes cost 4 million passengers 94 years of time and 
$40 million in lost productivity. That is on top of the $30 
million it cost airlines, not to mention all of those excessive 
emissions.
    The FAA has deployed technologies over time, but thus far 
we have been challenged in operationalizing those technologies 
in a manner that we are actually going to achieve the benefits.
    Now, this time metric that I talked about--the time it 
takes to fly between two cities--we realize that is just one 
metric in trying to determine how our system is doing. And we 
have a very complex system. So there are always several factors 
that contribute to any problem. But when you upgrade to an 
iPhone 11, you expect that technology to deliver better 
performance, and we expect new NextGen technologies to deliver 
better performance.
    Now, there are some reasons for renewed optimism. We want 
to thank this Committee for helping establish stable and strong 
leadership at DOT and FAA by confirming Secretary Chao and 
Steve Dickson as Administrator of the FAA. We believe 
Administrator Dickson is uniquely qualified to both move the 
needle on NextGen implementation, but also maintain safety as 
our top priority.
    In conclusion, as you look at solutions for our air traffic 
control system, we ask you to consider two things: focus on 
solutions that are actually going to deliver safety, capacity, 
and efficiency into the system. And let us also focus on 
performance metrics in a very transparent way so that we can 
evaluate how are we doing in actually improving our air traffic 
control system's performance.
    I look forward to your questions. Thank you.
    [The prepared statement of Ms. Pinkerton follows:]

    Prepared Statement of Sharon Pinkerton, Senior Vice President, 
        Legislative and Regulatory Affairs, Airlines for America
    Good afternoon, Chairman Cruz, Ranking Member Sinema and members of 
the Subcommittee. My name is Sharon Pinkerton, and I am the Senior Vice 
President of Legislative and Regulatory Policy at Airlines for America 
(A4A). Thank you for inviting me here today, and on behalf of all our 
A4A members, we appreciate the opportunity to participate in the 
Subcommittee's examination of the Air Traffic Control (ATC) system. As 
an industry, we remain committed to any fact-based search for solutions 
that will work to improve the safety, capacity and efficiency of our 
system.
    The U.S. airline industry helps drive $1.5 trillion annually in 
U.S. economic activity and supports more than 10 million U.S. jobs. 
Concurrently, we operate the safest mode of transportation, carrying 
2.4 million passengers and more than 58,000 tons of cargo daily. The 
U.S. airline industry continues to make safety its top priority, and it 
also has invested billions of dollars in equipment and aviation 
infrastructure to achieve maximum National Airspace System (NAS) 
efficiency. This efficiency allows U.S. airlines to operate an average 
of 28,000 flights every day across the globe in an environmentally 
responsible manner.
    We are focused on the future. For years most stakeholders have 
acknowledged that we cannot continue to run the same ATC system the 
same way as it has been since the 1950s and expect different results. 
There are a string of reports from presidentially appointed aviation 
commissions, the Department of Transportation (DOT) Inspector General 
(IG), the Government Accountability Office (GAO) and independent 
private sector experts indicating the Federal Aviation Administration's 
(FAA) ATC modernization efforts have been plagued by significant cost 
overruns, delays and lack of benefits to users of the system. [See 
Slide 2] This recurring theme was most recently emphasized by yet 
another DOT IG report aptly entitled, ``FAA Has Made Progress in 
Implementing Its Metroplex Program, but Benefits for Airspace Users 
Have Fallen Short of Expectations.'' In that report,\1\ the IG 
indicates that, ``FAA's post-implementation reports for the seven 
completed Metroplex sites show estimated annual benefits of $31.1 
million--$30.5 million lower than the minimum amount of annual benefits 
initially expected when FAA first planned each . . . site.'' [See Slide 
3]
---------------------------------------------------------------------------
    \1\ https://www.oig.dot.gov/sites/default/files/
FAA%20Metroplex%20Program%20Final%20
Report%5E08-27-19.pdf




    Despite decades of agreement on the problem, unfortunately, there 
has not been agreement on the solution(s). Neither programs implemented 
nor tools deployed automatically translate to benefits delivered. 
According to the FAA's own definition, ``NextGen is the FAA-led 
modernization of our Nation's air transportation system. It aims to 
increase the safety, efficiency, capacity, predictability, and 
resiliency of American aviation. Since its inception, the overarching 
goal has been to modernize the National Airspace System (NAS) to be 
flexible and agile in order to support the growing demand and changing 
needs of NAS users.'' Yet while the system remains remarkably safe, the 
promise of increased efficiency, capacity and predictability have thus 
far proven elusive.
    To address the proverbial ``elephant in the room,'' it is widely 
known we supported efforts last Congress to transform the governance 
and funding structure of the FAA's Air Traffic Organization (ATO) to a 
commercialized non-profit model. We believe that model would have 
driven value for all stakeholders--most notably for the traveling 
public--while the non-profit status would have enabled a better balance 
between safety and efficiency. Ultimately, that approach was not 
adopted.
    That being said, we are political realists and accept that Congress 
chose not to adopt that proposed solution. As a result, we are now 
challenged to fill the void left by a lack of transformational reform 
and instead are focusing our efforts on making the best of the status 
quo. As the largest users of the system, we will continue to work 
collaboratively with all stakeholders on implementation plans for 
system improvement. We still believe the FAA needs to have clear and 
measurable goals for our ATC system and accompanying Next Generation 
Air Transportation System (NextGen) programs. The challenge moving 
forward is answering the difficult policy questions like, ``What is 
that plan (including cost and timing)?'', and ``How do we measure 
success?'' While this proposed solution was not adopted, the underlying 
problem did not go away, and we encourage this Committee to remain 
focused on NextGen implementation and not accept that it is complete 
until it delivers tangible benefits to users of the airspace.
    For example, the FAA has indicated that NextGen aims to increase 
safety, efficiency, capacity, predictability and resiliency. In terms 
of our member airlines and their customers, this should naturally 
include getting travelers and shipments from A to B more quickly. The 
reality, however, is that over the 2010-2018 time-frame to which FAA 
ascribes billions in benefits, the time to fly from one U.S. airport to 
another, on average, got longer--not shorter. This is especially true 
on the busiest routes. Of the 10 busiest routes, only one--Atlanta-New 
York LaGuardia--saw the time from departure gate to arrival gate (known 
as ``block time'') fall, by 4.3 minutes. On the busiest--Los Angeles-
San Francisco--the average block time rose 12.3 minutes, affecting four 
million annual passengers. Those extra minutes on that one route alone 
cost passengers 94 years of lost time worth $40 million and cost 
airlines an estimated $34 million. Collectively, the average increase 
in block time across the 10 busiest routes was 7.1 minutes. Time 
matters, and NextGen implementation has failed to save time for 
airlines, passengers and shippers. [See Slides 4-5]




    That is just one example, but admittedly very little is simple 
about our ATC system and there are many contributing factors to any 
given problem. However, when you upgrade to a new iPhone 11 from an 
iPhone 5, you expect better performance from the new technology. The 
FAA has deployed new technologies over the NextGen time-frame but thus 
far has been challenged to operationalize those technologies into 
meaningful benefits. Even taking the FAA's own inflated estimates of 
benefits at face value, the return on investment from NextGen 
expenditures has fallen short. [See Slide 6] This operational 
transition challenge is even more important as the FAA addresses the 
needs of an expanding commercial space industry and the exponential 
growth of Unmanned Aircraft Systems (UAS)/Drones and emerging new users 
such as Urban Air Mobility (UAM). Things are getting harder and more 
complicated, not easier. Oversight, focus and collaboration will be key 
moving forward.


    While government and industry have been working on NextGen 
implementation for nearly two decades with varying degrees of 
quantifiable success, there are some renewed reasons for optimism. 
First, as we have continually pointed out, there are a lot of talented 
and hardworking FAA employees working on projects and programs that are 
tremendous assets for progress. Second, this Committee has played a 
crucial role in establishing a strong and stable leadership team at 
both DOT and the FAA. As the Committee knows, DOT Secretary Elaine L. 
Chao is a distinguished public servant who provides consummate 
leadership at the Department. We also commend the Committee for your 
confirmation of FAA Administrator Steve Dickson. We believe 
Administrator Dickson is uniquely qualified for that position and will 
bring the vision, knowledge and experience necessary to move the needle 
on NextGen implementation and other priorities. Finally, we also 
appreciate the Committee's work on passage of the waiver to ensure that 
Dan Elwell can continue serving as FAA Deputy Administrator. Together 
they are an outstanding team, and we look forward to a strong working 
relationship with them and this Committee.
    For our own part, as a trade association, we have focused our 
efforts on advocating for the accelerated implementation of the FAA's 
NextGen air traffic management modernization program to achieve the 
benefits of enhanced safety, efficiency, capacity and reduced fuel and 
emissions. Examples of those initiatives include:

   Domestic Automatic Dependent Surveillance-Broadcast (ADS-B). 
        The FAA needs to deliver on its defined benefits that were the 
        basis of FAA ADS-B infrastructure and the more than $1 billion 
        investment made by operators in meeting the upcoming January 
        2020 ADS-B equipage mandate. Those defined benefits include 
        decreased spacing implementations such as increased capacity in 
        multi-runway configurations, reduced terminal separation in 
        selected Northeast Corridor sites and reduced EnRoute 
        separation.

   Space-based ADS-B. The FAA should invest in and deploy 
        space-based ADS-B capability in oceanic surveillance to 
        leverage stakeholder investment and to enable improved 
        surveillance and decreased spacing in FAA-controlled oceanic 
        airspace.

   Performance Based Navigation (PBN). The aviation industry is 
        frustrated by the lack of progress and benefits on this high-
        priority NextGen initiative. [See Slide 7] Because its success 
        is key to the FAA's plans for Trajectory Based Operations, the 
        FAA should develop and implement a plan for PBN implementations 
        that will deliver on promised benefits of efficiency, de-
        conflictions between airports, emissions reductions and 
        improved airport throughput. An essential component of PBN is 
        the suite of controller ``tools'' that enable the management 
        and sequencing of aircraft with mixed capabilities to implement 
        PBN procedures. To best coordinate these efforts and to deploy 
        benefit-producing advanced PBN, the FAA should establish a 
        dedicated PBN program office.
        
        

   En Route Data Communications (DataComm). The industry 
        strongly supports DataComm as a foundational means to modernize 
        the communication between air traffic controllers and pilots. 
        The first phase of using DataComm at 62 airports has proven 
        beneficial, and the use in the En Route environment promises to 
        deliver more efficiencies. We encourage the FAA to implement 
        the program more expeditiously as it works with the industry to 
        resolve implementation issues.

   Northeast Corridor (NEC). The industry and FAA have been 
        partnering on tactical operational improvements, procedures and 
        longer-term improvements to more efficiently manage traffic in 
        the NEC. Continued industry collaboration with FAA and 
        continued investment is necessary to ultimately improve 
        operations in the NEC which has ripple effects throughout the 
        NAS.

   Dynamic Wake Separation. The FAA has taken significant steps 
        in improving the capacity at airports by leveraging tools that 
        have safely made improvements in efficiency through Wake 
        Recategorization. A promising capability being used at Heathrow 
        Airport is Time Based Separation (TBS). The FAA should evaluate 
        this capability or the basic tenets of the TBS concept and 
        determine how it would improve efficiency at select airports 
        during periods of head winds conditions that adversely affect 
        runway capacity.

   Ground Based Augmentation Systems (GBAS). The FAA should 
        support and commit to implementation of full, all-weather 
        capability of GBAS. Ultimately, the FAA should be in the 
        position to takeover maintenance and support of the equipment 
        as part of the path forward.

   Other FAA Modernization Programs. There are several other 
        key FAA programs that will advance operations and leverage 
        NextGen capabilities that should be expedited including the 
        Terminal Flight Data Manager (TFDM) Program, Time Based Flow 
        Management (TBFM), Ground Based Interval Management (GBIM), 
        Terminal Sequencing and Spacing (TSAS), and Traffic Flow 
        Management System (TFMS). These programs offer the prospect of 
        reducing taxi times, reducing airport congestion, reducing fuel 
        and emissions and improving on-time performance.

    When it comes to NextGen, we believe the FAA should take steps to 
improve its process for engaging the industry in modernizing the ATC 
management system, stakeholder collaboration is critical to 
quantifiable progress. Congressional oversight will also play a key 
role in moving NextGen forward. It is important that the FAA is held 
accountable for how it is performing against its own NextGen 
Implementation Plan (NIP) and the resulting performance improvements 
that are supposed to accompany various NextGen implementations. 
Congress also should pay close attention to any identified FAA risks to 
NextGen implementation and the specific steps being taken to address 
those identified risks. Simply, we believe any solution set considered 
by the Committee should adhere to two basic principles:

   Deliver on the defined benefits of increasing safety, 
        efficiency, capacity, predictability and resiliency that were 
        the basis of FAA's NextGen program; and

   Annually report on the FAA-Industry agreed upon performance 
        metrics \2\ that assess the change in NAS performance of 
        NextGen implementations.
---------------------------------------------------------------------------
    \2\ The NextGen Advisory Committee (NAC) approved recommended 
metrics that measure the effect on NAS performance attributable to the 
deployment of key NextGen capabilities are Actual Block Time, Actual 
Distance Flown, Estimated Fuel Burn, Throughput-Facility reported 
capacity rates, Taxi-out Time and Gate Departure Delay.

    NextGen has always been marketed as a modernization program that 
will ultimately lead to increased safety, efficiency, capacity, 
predictability and resiliency for U.S. aviation. Twenty years into the 
process, many would argue that NextGen is amorphous and undefined. It's 
time we renewed our focus and attention, then set some targeted, shared 
and public goals and identify the metrics by which we want to judge its 
success or failure. We would like to support the Committee in its 
oversight efforts and play a positive role is shaping those NextGen 
implementation policies that will benefit passengers, shippers, 
aircraft operators, the economy and the environment.
    Finally, I would be remiss not to mention and thank Sen. Moran and 
House Transportation and Infrastructure Chairman DeFazio for their 
respective work on the `Aviation Funding Stability Act of 2019' (S. 
762/H.R. 1108), two bills that would provide much needed operational 
stability for the FAA during times of government shutdown caused by a 
lack of appropriation. Unlike most other Federal agencies which rely on 
the General Fund, a vast majority of the FAA's budget is directly 
funded by Federal excise taxes collected from operators and passengers 
utilizing the U.S. aviation system. During a government shutdown, like 
the one earlier this year, those taxes continue to be collected and 
deposited into the Airport and Airway Trust Fund (AATF). The AATF 
currently has an unobligated (reserve) balance of nearly $7 billion, 
projected to grow to nearly $8 billion in FY2020. Consistent with the 
parameters of the Moran and DeFazio legislation, we believe that those 
unobligated, but already collected, reserve funds should be allowed to 
be spent during a shutdown in order to keep the FAA operating. As an 
industry, we appreciate their work and the work of their co-sponsors, 
many of which sit on this Committee.
    Thank you. I look forward to any questions.

    Senator Cruz. Thank you to each of the witnesses for your 
helpful and productive testimony.
    Let me start, Ms. Gilbert, with a question for you. As you 
know, one of the biggest issues with the FAA has been the 
inability to install adequate, up-to-date technology within the 
air traffic control system in a timely manner. Over and over 
again, we have seen that it takes so long to roll out new 
technologies that the benefits are never realized.
    And my question is, did NATCA's members feel they are 
working with the latest and greatest air traffic control 
technology? And if not, what is standing in the way of their 
access to newer and better air traffic control technology?
    Ms. Gilbert. Thank you, Senator. I appreciate the question.
    Even in spite of the 30-year low of fully certified air 
traffic controllers, they are raising their hands and they are 
volunteering to be subject-matter experts to work alongside 
with FAA counterparts to bring on new technology, new 
procedures, whatever they can do to enhance safety, which means 
they are working longer hours back in the facility, 6 days a 
week, 10-hour days, excessive overtime. And they are doing all 
this to get systems online so we can keep up with innovation.
    What is standing in the way is, one, staffing. This makes 
it hard to release people out of the 24/7 operation to be a 
part of that, but we figure out a way to make it work. But it 
is a strain.
    The funding is a significant challenge to this. The stop-
and-go nature of the threats of shutdowns--the agency has to 
pull back on meetings, on training, on deployments, of bringing 
experts into the tech center to test. All of that slows down 
every time there is a threat of a government shutdown, and if 
there is in fact a government shutdown, we get further and 
further behind.
    And I will add as a government entity, which we are proud 
public servants, there are things that take longer than they 
should. So any kind of effort to make things easier to deploy 
around procurement we are certainly going to be advocates for 
because that does also take some time, and we would like to get 
around that.
    Senator Cruz. Thank you.
    Ms. Pinkerton, in 2008, the Aerospace Industries 
Association estimated that implementation of air traffic 
control modernization in the United States would lead to 12 
percent fuel savings, valued at $4.4 billion per year. By 
enabling aircraft to fly more direct routes from point A to 
point B, the new GPS-based navigation systems would enable 
reduced flying time and could potentially reduce the amount of 
harmful pollutants emitted into the atmosphere on each flight.
    Can you describe how more direct routings will reduce 
airline emissions and mitigate negative externalities like 
noise over residential areas?
    Ms. Pinkerton. Yes. I am happy to do that.
    Essentially performance-based navigation allows more direct 
routes, and so instead of flying over radar points, PBN allows 
aircraft to fly indirect routes and very predetermined routes 
that take less distance from here to there. There is the fuel 
savings right there. So instead of going like that, you are 
going in a more direct route.
    Direct routing, frankly sometimes and most of the time, 
reduces the noise that is caused, but there are people that are 
going to be in that pathway that did not receive noise before 
that will be receiving noise. And that is something that we 
have had to struggle with as we make more efficient procedures.
    That being said, I think that on the whole, if you read the 
plethora of the Inspector General's reports on performance-
based navigation, what you will find is that PBN procedures 
reduce the overall amount of noise, they do save time and fuel 
when they work. It is just that the obstacles to getting those 
procedures done, having controllers trained to use them and 
then actually use them has really been what has stood in the 
way of achieving those benefits that AIA talked about.
    Senator Cruz. So as I see it, as much of the testimony has 
been here today, there are very significant benefits 
potentially to be realized from air traffic control 
modernization. Those include saving millions of dollars. Those 
include saving enormous time, both of pilots and crews, but 
also of passengers. Those include potential improvements in 
safety from relying on better technology, and those include 
very significant environmental benefits by decreasing the 
emissions that are not necessary.
    That being said, bringing together a coalition that 
supports modernization has proven challenging. And Mr. Baker, 
Mr. Bolen, both of your organizations in the previous Congress 
expressed real and genuine concerns about the proposals that 
were being discussed. And I understand that general aviation is 
concerned that in a modernization effort, that general aviation 
could get the short end of the stick. And I know those are good 
faith and real concerns.
    My hope is that we can reach a policy solution where the 
stakeholders--all the stakeholders--can come together and get a 
win-win solution, get a better outcome than we have today.
    So what I wanted to ask both of you is can either of you 
think of a legislative or policy step forward that your members 
would regard as a significant improvement. So I guess my 
question is not what would you oppose, but rather what would be 
a win for you that you would be able to go back to your members 
and celebrate this is better than what we have got right now?
    Mr. Bolen. Well, Chairman Cruz, to be clear, the general 
aviation community has always been and continues to be very 
much in favor of modernization. We did not see privatization as 
a way to get there. Instead, we believed that if you could get 
industry around the table, much as we have done with the 
NextGen Advisory Committee, led by a succession of 
distinguished airline CEOs, and our community could sit down 
and say what are the priorities that we want in a new system--
now, when we got the community together and we did that, 
without political distractions, we were able to focus on things 
like multi-runway operations, parallel operations, surface 
movements, Data Comm, and certainly that PBN that Sharon 
Pinkerton talked about. We were able to come together, set 
goals, and set milestones.
    Now, clearly we have not been able to go as far as we want, 
as fast as we want. We have been challenged with the government 
shutdowns that have been talked about. We have been awaiting 
the fulfillment of a mandate.
    But we are committed to modernization. We do not believe 
modernization and privatization should be confused. One is a 
method; the other is the destination. And we believe that if 
government does its part, if industry does its part, if 
oversight is there, and the public is engaged, that 
collectively we can keep the U.S. system the best in the world.
    Senator Cruz. Mr. Baker.
    Mr. Baker. Thank you.
    And I echo a lot of what Ed just said.
    There are a couple of equipage issues that are worth 
noting. There are about 160,000 general aviation aircraft that 
are under the rural airspace. About 87,000 of those will be 
equipped at the year end. The equipage cost for general 
aviation, if it were complete, would be over $4 billion. We 
have encouraged our members and owners to equip and get going. 
There was a government program for a $500 rebate to help 
encourage aircraft owners to equip and I would recommend that 
the Committee continue to look at the rebate program to get 
that done. We would like to see every aircraft in the country 
equipped with this ADS-B technology for air traffic management. 
So if you continue to look at the rebate program, that would be 
a big win for us right now.
    Senator Cruz. That is helpful.
    Senator Sinema.
    Senator Sinema. Thank you, Mr. Chairman.
    My first question is for Ms. Gilbert. As you discussed in 
your testimony, the partial government shutdown at the 
beginning of this year created significant disruption for all 
aspects of the U.S. air traffic control system. And you 
specifically mentioned how the shutdown exacerbated existing 
challenges related to staffing turnover and looming retirements 
among air traffic controllers which, of course, threatens our 
air traffic control system.
    How would the Aviation Funding Stability Act, legislation I 
have introduced with my colleague on the Committee, Senator 
Moran, which would allow the FAA to continue to be funded 
during a government shutdown--how would that help address some 
of those long-term staffing and turnover challenges? And what 
are the consequences of failing to pass such legislation for 
the safety of our air traffic control system?
    Ms. Gilbert. Thank you, Ranking Member Sinema, for getting 
that legislation introduced. Thank you also, Senator Moran, for 
that piece of legislation.
    The companion bill, H.R. 1108, as you are well aware, in 
the House has now 244 co-sponsors. And we are hopeful that all 
Senators are taking a serious look at that piece of legislation 
because it is vital, crucial actually to bringing stability 
into the air traffic control system.
    I do not even remember what it was like to have regular 
order and have funding bills in place. I have only in the last 
10 years and the many of the members that I represent make 
decisions based on is there going to be another shutdown. Do I 
transfer to another facility, put myself in training, and not 
be able to work and be furloughed? Do I make life decisions 
based on whether Congress is going to pass funding bills? That 
is the just the personal side of it.
    And certainly I think we were very vocal in the media about 
the human toll it took on the families and the decisions that 
were having to be made, the fatigue in the workplace, the 
stress in the workplace in a profession that you do not need to 
add stress. It is already there. They need to be focused 100 
percent of the time on the job that they are doing. But that 
created quite a bit of angst in our system.
    But the training stops. The hiring stops. The technology 
stops. And the upgrading of our system stops. The maintenance 
of our system stops. The safety reporting still occurs, but the 
actions that take place behind those safety reports do not get 
done. So little by little, our system starts to unravel the 
longer we are in a shutdown.
    So the stop-and-go is just as bad as shutdowns, although 
that 35-day is not something I will soon forget, was pretty 
horrific. And we cannot afford to see that in the system again. 
I am very, very adamant that we are still trying to recover 
from what we went through in late December and early January of 
this year.
    Senator Sinema. Thank you.
    My next question is for Ms. Pinkerton and Mr. DePete. In 
March of this year, the air navigation service providers in 
Canada and Europe, in partnership with an Arizona-based 
company, Arion, began using ADS-B to track an aircraft?s 
position while traveling through the north Atlantic and Arctic 
regions. While FAA deployment of ground-based ADS-B within the 
United States is progressing according to schedule, I am 
concerned that the FAA's current timeline for space-based ADS-B 
deployment in the north Atlantic will cause unnecessary delays 
for transatlantic flights to and from the United States for up 
to 5 more years.
    What do you see as the benefits of space-based ADS-B 
deployment for improving the safety and efficiency of U.S. air 
traffic control management? And what effect will the FAA's 
delayed deployment of space-based ADS-B have on transatlantic 
air travel in the coming years?
    Ms. Pinkerton. Thank you for that question.
    Space-based ADS-B is something that NATCA, A4A, and ALPA 
all together have written to the FAA and asked them to 
accelerate their testing and implementation of this technology. 
It is essentially constant surveillance of planes, something 
that we do not have right now especially in the oceanic 
environment where there is not radar coverage. So you are 
talking about safety issues and having a simultaneous awareness 
of where a plane is. But what that is also going to be able to 
do is enable less than 40 miles of separation or 30 miles of 
separation between planes in the oceanic environment.
    Critical again to us achieving our reduced emission goals 
is reducing that separation and obviously being able to put 
more planes in the skies, being able to serve more passengers. 
So incredible safety and operational efficiency benefits.
    And this is a matter of global leadership we believe. The 
Canadians have instituted this, and we think it is imperative 
for the U.S. to have this technology.
    Senator Sinema. Thank you.
    Mr. DePete. Thank you, Ranking Member Sinema.
    I agree with Ms. Pinkerton's assessment and a very strong 
supporter of space-based ADS-B. I think one of our former FAA 
Administrators described it, when comparing radar, as looking 
at an impressionist painting and then looking a high def 
television. It gives us a very accurate assessment and a great 
situational awareness for our pilots.
    In addition to that, when we consider the fact of new 
entrants into the airspace and managing the airspace, for 
instance, during commercial space launches, right now presently 
the FAA has to block off large sterile spaces that cause delays 
and re-routings and burning more gas and those kinds of things. 
And what this would do is allow us to begin to more dynamically 
manage the airspace and to be able to accommodate. Right now, I 
say the word ``accommodate,'' but the real goal should be full 
integration. And so ADS-B is a transformative tool, and all the 
NextGen tools really operate synergistically where, when taken 
and combined together, they actually create a whole that is 
greater than the sum of its parts, and you get that force 
multiplier. So very useful both from a safety and a security 
standpoint as well.
    Senator Sinema. Thank you.
    Thank you, Mr. Chairman.
    Senator Cruz. Thank you.
    Senator Thune.

                 STATEMENT OF HON. JOHN THUNE, 
                 U.S. SENATOR FROM SOUTH DAKOTA

    Senator Thune. Thank you, Mr. Chairman.
    And thanks to each of our panelists for being here today.
    As each of you mentioned in your testimony, a lot of 
discussion about NextGen technologies, which have the 
opportunity to greatly enhance the capacity and efficiency of 
our air transportation system, especially in some of our 
nation's busiest air corridors.
    I would like to ask Ms. Pinkerton if you could speak to 
some of the benefits the traveling public will see as a result 
of the full deployment of next generation technologies.
    Ms. Pinkerton. I am happy to do that.
    As I outlined in my oral testimony, what we have seen is 
that even though Washington and New York have not gotten any 
further apart, it is taking longer for passengers to fly from 
Washington to New York. San Francisco to L.A., an average of 12 
extra minutes in 2018 versus 2010.
    So what these technologies will bring in terms of passenger 
convenience is an enormous amount of time savings. That time 
savings and our ability to put additional throughput through 
the system is going to offer us airlines the ability to offer 
additional service to both small, medium, and large 
communities.
    Senator Thune. Mr. Baker, you mentioned in your testimony 
that approximately 31,000 general aviation aircraft would not 
be equipped with ADS-B Out by the end of this year. Based on 
the equipage rate for GA aircraft so far, how long do you 
estimate it will take for the remaining aircraft to be 
equipped?
    Mr. Baker. It is a very good question. We have to remember 
that the average general aviation airplane is over 45 years 
old. These equipage costs, which are now well in excess of $1 
billion, that our owners have put into this equipment so far 
would approach close to $4 billion at full deployment. We do 
want to see all of these aircraft equip. We just continue to 
ask for that rebate to be reconsidered to help these people get 
these $500 rebates. The equipment now has come down from 
originally around $6,000 per aircraft to around a couple 
thousand dollars per aircraft for ADS-B Out. We want to see 
that get done, and we would like to see reenactment of that 
rebate.
    Senator Thune. You also mentioned FAA's statement and 
policy regarding aircraft not equipped with ADS-B Out by 
January 1 of 2020. Do you believe that the policy outlined in 
the FAA's statements which requires an authorization request to 
be made at least 1 hour prior to the flight will serve as an 
adequate solution in the interim?
    Mr. Baker. Well, we are certainly concerned about it. We 
went through this in the transponder days of Mode C. At that 
time, it was a little bit easier to request the waiver at the 
tower or the controlled airspace. With the expectation this 
will be an online system and be adequately staffed, which is 
something we do not know--we hope we do not have to use the 
waiver very often, but we remained concerned.
    Senator Thune. Mr. Bolen and Mr. Baker, either one of you 
on this. I asked Ms. Pinkerton about, obviously, what NextGen 
technologies will mean in the commercial space, but could you 
talk a little bit about what that would mean in terms of 
benefiting business and other general aviation users of the 
airspace, particularly if you would touch on rural areas?
    Mr. Bolen. Well, I think the key factor for NextGen is that 
it enhances safety by allowing near precision approaches to 
every airport in the United States. As you know, today ILSs are 
largely reserved to the largest airports in the United States, 
but by taking advantage of satellite navigation, we are able to 
have that type of access not just to the 500 commercially 
served airports, but to nearly 5,000 airports in the United 
States. And that allows for all of those jobs, economic 
development to be able to go where it makes sense. And so that 
is a huge step forward.
    The other part of it, though, is that the general aviation/
business aviation community is part of a broad ecosystem. We 
are an integrated group. And so together, as we find ways to 
maximize industry throughput, improve situational awareness so 
we increase safety by everybody knowing where everybody is, 
better understanding of weather, and we can reduce our 
environmental footprint from, as Sharon Pinkerton said, more 
direct routings--these are all of the promises of NextGen that 
we have been so staunchly promoting over the past several 
years. We think we can increase throughput, reduce our 
environmental footprint, and enhance safety. We are all in.
    Senator Thune. Ms. Pinkerton, just a quick follow-up. You 
talked about the extra time in this last year that we are 
seeing. What portion of this increased block time do you think 
can be attributed to the continued delays in the implementation 
of NextGen as opposed to infrastructure constraints at our 
nation's busiest airports?
    Ms. Pinkerton. I am reluctant to take a guess at that. I 
said in my oral testimony it is complicated, and it really is. 
You have to all of the above. We do have to have airport 
infrastructure. We equally have to have the air traffic control 
system infrastructure. We have to have those procedures. We 
have to have training. We have to have controller staffing. I 
really would be reluctant to attribute delays to one or 
another. It has to be all of the above.
    Senator Thune. And if you had to prioritize one, though, as 
critical to reducing block times and particularly on the 
busiest routes.
    Ms. Pinkerton. I would say that I would focus on the air 
traffic control system as well as the surface management 
system, those two issues.
    Senator Thune. My time has expired. Mr. Chairman, thank 
you, and I may have a couple of questions to submit for the 
record, if that would be OK.
    Senator Cruz. Thank you.
    Senator Moran.

                STATEMENT OF HON. JERRY MORAN, 
                    U.S. SENATOR FROM KANSAS

    Senator Moran. Chairman Cruz, thank you. Thank you to you 
and Senator Sinema for having this hearing. The panel is 
knowledgeable and experienced and articulate. It is nice to see 
that even in the U.S. Senate that exists.
    Let me start with this issue of the Stability Act, S. 762. 
Senator Sinema, thank you for your co-leadership on this bill.
    I find no one among my colleagues who is opposed to this 
legislation. Is that true of the panelists today?
    Voices: Yes.
    Senator Moran. So the only argument that is said to speak 
against it--and it comes from some of my colleagues on the 
Appropriations Committee--is that we eliminate the risk of 
difficulties at air traffic control, within the FAA, that we 
increase the chances of a shutdown. I do not know whether that 
is a practical matter. The argument is we will just see more 
shutdowns if there is not a consequence. I would hope that we 
could do our jobs better than we have done them to date, and I 
hope that it does not take a disaster or a difficulty, 
challenges in the air system for us to avoid doing something 
that makes no sense in the first place.
    So I am curious if you have heard any other--if anybody has 
any other explanations for why someone would not be in favor of 
this. And then I would ask you if you would help me--and I 
assume that you have been working to see that there are 
additional cosponsors to this legislation. And if you are 
receiving any pushback from my colleagues that I should know 
about. Anybody have any advice how we advance this bill further 
than where we have today?
    [No response.]
    Senator Moran. All right. I am on my own. It is you and I, 
Senator Sinema.
    Ms. Gilbert. Can I say one thing?
    Senator Moran. Yes, ma'am.
    Ms. Gilbert. What I would like not to see is another 
shutdown to convince people to sign onto this legislation. Let 
us get in front of it.
    Senator Moran. I share that sentiment. It is why I 
introduced the bill. And we ought to be able to work through 
our challenges not requiring a disaster, a catastrophe, or even 
just difficulties for the American traveling public to get us 
to do our work.
    Mr. Bolen.
    Mr. Bolen. Well, I would just say, Senator, that your 
explanation on why not to pass your bill is an ``only in 
Washington'' explanation. Everywhere else people know our 
economy, our safety depends on a strong and robust air 
transportation system, and I think not only do the people at 
this table support what you are trying to do, I think the 
American public does as well.
    Senator Moran. Well, knowing that you are from Kansas, I 
take your words with great weight because you are telling me 
that Kansans must think that way. Fortunately, in this 
instance, I certainly share that view.
    Mr. Bolen, I appreciate what the chairman had to say in his 
opening comments. I know that your membership strongly opposed 
privatization during the debate leading up to the passage of 
the FAA reauthorization bill. But what are the priorities of 
the business aviation community in advancing modernization? You 
talked about the difference between modernization and 
privatization. What are the things that stand in the way of 
modernization? Is there a legislative request here, or is this 
just about implementation? Or does it just take us back to do 
not shut down government because it slows down the process that 
is well on its way?
    Mr. Bolen. Our air transportation system, the NextGen plan 
that we talk about, is not just a technology program. It is not 
just about policies. It is not just about procedures. It is all 
of those things. We need policies, procedures, technologies. 
But we also need community support and industry buy-in.
    One of the things that Chairman Cruz mentioned was the 
concern for noise. I think an example of how we modernize--
there are examples where we did not probably get as much 
community involvement in a lot of what we were trying to do. We 
took flight paths that were very dispersed. We concentrated 
them, which made them very efficient, but it also concentrated 
some noise. We are now working on ways to do predicted 
intentional dispersement. Those are areas where we need to come 
together. Like anything else, having a clear, defined goal is 
very important. Having accountability, measurability is all 
very important.
    I think what we have seen over time is that we have begun 
with the NextGen Advisory Committee to find that forum. What we 
are missing is some of the oversight which has not necessarily 
been potentially as strong as needed, and we have had other 
political distractions. Now that we have a 5-year FAA 
Reauthorization bill and more stability, we can certainly do 
that. Public engagement is something that we are working on, 
and I think we will do better in the future.
    So I think a lot of this is very hard grassroots blocking 
and tackling stuff. We have got to go to communities. We have 
got to get community buy-in. We have got to get industry 
consensus. We need to have goals, and accountability. We have 
to have oversight. I think we now have an opportunity to do 
that with the political distractions put to the side.
    Senator Moran. Mr. Chairman, if you would let me put a 
couple questions into the record or you all can answer, respond 
to me personally if you would like.
    First of all, I thank Ms. Pinkerton for A4A?s interest in 
working together in the absence of privatization to find 
solutions to the challenges that we face.
    Mr. Baker, I would ask you if you would, either in person 
or on the record, outline for me the things, tell me what the 
top five things I ought to be worried about for general 
aviation in rural America. I am often thought of as a Member of 
Congress who cares about aviation because we manufacture lots 
of planes. That is certainly true. But I care a lot about 
aviation because we have lots of rural communities, private 
pilots who are able to connect with the rest of the world and 
keep rural America alive. And I would welcome knowing what I 
should be most attentive to.
    And, Captain DePete, I would be interested in kind of the 
question that I asked Mr. Bolen, ways to modernize ATC 
operations in the absence of separating air traffic control 
from the FAA.
    Mr. Chairman, thank you.
    Senator Cruz. Thank you.
    Mr. Baker or Mr. Bolen, according to the Civil Air 
Navigation Services Organization, there are right now 64 air 
navigation service providers who are operating air traffic 
control across the globe that are separate legally from the 
aviation regulator. And all of these entities are, in turn, 
paid for by aviation user fees instead of excise taxes on 
aviation fuel and passenger tickets and cargo. That funding 
stream would, among other things, solve the challenge that all 
of the witnesses have talked about of the funding being 
dependent on not having a government shutdown, on Congress not 
bickering like children, which sadly is a persistent problem.
    In dealing with these other air traffic control 
organizations in other countries, are there particular 
challenges or problems your members have encountered that you 
would not want to see replicated here? How are their systems 
working versus here?
    Mr. Bolen. I do not know that they are working particularly 
well. A reading of the headlines in Europe over the past two 
years presents a very concerning picture of a number of systems 
where they have not invested in staffing and they have not 
invested in technology. And as a result, what we are seeing in 
Europe are some of the most significant delays anywhere in the 
world.
    So in addition to that, we have seen that general aviation 
routing has become more circuitous not less, that fuel burn is 
up not down, and that access is restricted not enhanced.
    So what we have seen by looking at other countries is not 
something to embrace but something to be very concerned about. 
We also see that the U.S. is and remains the largest, the most 
complex, the most diverse, the most safe, and the most 
efficient air transportation system in the world. So we are 
very careful when someone says here is a very small country, 
should we not emulate that? First of all, that is not an 
apples-to-apples comparison. Second of all, as we have looked 
closely at some of those smaller countries, what we are seeing 
is that promises made weren't kept which raises real concerns 
that we have underscored in our opposition to the 
disassociation of these governments from that.
    Senator Cruz. Mr. Baker, anything?
    Mr. Baker. I would add that I have had the opportunity to 
fly in all 50 states and Canada and many parts of the world and 
you get to experience these things firsthand. There are some 
areas that I think are unsafe when they have to have fees and 
charges to get traffic separation. You will hear in Canada 
even, due to not having enough labor, that they cannot answer 
the radio being broadcast on their traffic systems. I have seen 
where people are not doing ``touch and goes'' where they are 
actually touching the ground and flying away because it costs 
$10, $20, $30, $40 in some of these countries to operate 
aircraft there. Charging those fees creates the potential for 
unsafe conditions.
    That is one of the things I love about our system. It is 
safe. It is paid for by a user fee called fuel taxes. It is a 
very efficient system. Our members and our owners are investing 
billions of dollars to put this equipment in place and they 
cannot pass that cost on.
    So I think we have a really good system that we can make 
better, but I think that there are no models that I have 
experienced personally or received input from International 
AOPA, which represents 75 countries around the world, where 
they would not continually envy the U.S. system for general 
aviation.
    Senator Cruz. Captain DePete, what is your assessment of 
this issue?
    Mr. DePete. There have been significant benefits, 
obviously, with the NextGen program where I see most of the 
problems related to the commitment toward a stable, reliable, 
long-term funding mechanism, as well as a way to perhaps 
enhance or encourage industry to invest in the type of 
equipment on aircraft to take advantage of that. And you have 
referred to it, Ed, as an aviation ecosystem, and it is. You 
know, we have got this finely tuned collaborative machine that 
we have created. And we have even shifted now from what was 
once a forensic approach toward looking at risk to now a risk-
predictive model.
    And that is why I think having the shutdowns is so 
problematic because at the time when we need to be able to see 
into the model to see any kind of risk that might be popping up 
from the shutdown, we are unable. Our vision is somewhat 
obscured.
    Couple that with everybody that flies knows that the single 
most--biggest threat to aviation safety is distractions. And so 
when you think about what Ranking Member Sinema mentioned about 
having to make a choice between paying tolls to come to work 
during a shutdown or feeding a family, I am not sure I want my 
air traffic controllers to have to worry about that.
    So really it seems to me this discussion consistently comes 
back to how do we find a stable, reliable source of long-term 
funding that we can all agree on.
    Senator Cruz. And would you think a user fee system would 
be one avenue of doing that?
    Mr. DePete. Well, when we looked at the past FAA 
reauthorization, we endorsed it but we had certain conditions 
that we had because we had to look at that through the context 
of what we do at the Air Line Pilots Association. So we had a 
couple of prerequisites that whatever the system is, there 
needs to be a steady source of reliable funding. It should be 
nonprofit. There should be some type of user fee of some sort, 
an agreement that everybody who uses the system paid for the 
system. It had to respect collective bargaining. So we looked 
at it through that lens.
    I truly believe that if today, given what we have achieved 
so far, that if the FAA had been provided the resources, steady 
resources, that we would not probably even be having this 
discussion right now. What it seems to be is a constant back 
and forth about who pays what.
    Senator Cruz. Thank you.
    Senator Rosen.

                STATEMENT OF HON. JACKY ROSEN, 
                    U.S. SENATOR FROM NEVADA

    Senator Rosen. Thank you, Senator Cruz, for calling this 
committee hearing. Thank you to all the witnesses for being 
here.
    I want to talk a little bit on the impact of privatization 
on the national security airspace. Of course, I represent 
Nevada. Nevada is the proud home of Nellis Air Force Base, 
Fallon Naval Air Station, and Nevada Test and Training Range. 
We train those top gun naval aviators and all the Air Force 
pilots somewhere in Nevada. It is where all the branches of the 
military come to test, train, evaluate aircraft, weapon 
systems, and conduct their advanced aerial combat training 
without interference from commercial air traffic, as you know.
    The largest contiguous airspace and ground military 
training in the continental United States is in Nevada at the 
test and training range. And it sits pretty close, only a few 
miles away from Las Vegas' McCarran Airport, which is one of 
the top 10 busiest airports in the United States with nearly 50 
million visitors. And we like to see those visitors come. We 
hope that keeps going up.
    So a strong working relationship is important. It is 
crucial for entities in such close proximity as Nellis and 
McCarran are.
    You know, we saw this earlier when multiple military jets 
landed at McCarran due to runway closures at Nellis. And of 
course, with the help of the FAA, commercial air traffic coming 
in and out of McCarran does keep a safe distance from the 
military airspace.
    In 2017, the DOD stated that the establishment a new entity 
separate from the FAA raises serious concerns regarding the 
disposition of certain unique national defense procedures, 
programs, and policies.
    So, Ms. Gilbert and Captain DePete, if the air traffic 
control system were to go from being a responsibility of a 
government agency to being part of a corporate nonprofit or 
other private entity, what would be the impact on the delicate 
balance between our commercial and national security uses of 
not just the airspace in Nevada but our nation's airspace?
    Ms. Gilbert. Thank you. The air traffic controllers--from 
the regulator whatever the discussion is. We would really, 
really be concerned if there were any model that proposed a 
for-profit kind of system. That would be problematic for the 
safety of the system, for the people that safeguard it every 
day. Our four core principles would be what we would hold up 
against any kind of discussion, which is safety and efficiency 
have to be the number one priority. We need a funding certainty 
that allows hiring, training, preventative maintenance of 
technologies, new technologies. We need to maintain a robust 
system which allows for users in and out of the large airports 
to the military, to air ambulance, to general aviation, small 
and big communities alike, as well as new entrants to the 
commercial space and how do we integrate them, the challenges 
that come with that, and unmanned aircraft systems as well.
    And then very dear to me is the protection of the dedicated 
workforce that do a tremendous job every single day to make 
sure that they are protected under this current system or any 
discussion of any kind of reforms, small or large, that they 
are protected in that discussion.
    Senator Rosen. Thank you.
    Mr. DePete. Yes. Just to dovetail on what Trish Gilbert 
said, this is a matter of policy for the Air Line Pilots 
Association. When this was being considered, that is when we 
kind of considered the things that I mentioned prior about it 
being a non-profit and having a system of payment, a steady 
funding stream.
    But one of the things that I did leave out was a form of 
governance that utilizes the end users, both pilots and air 
traffic controllers, to ensure against those very things that 
you mentioned. So it had to be a proactive system regardless of 
what it is.
    Now, again, I will go back to saying that I think when you 
consider what we have achieved up to now, that the main problem 
seems to be a commitment toward funding. If we can work that 
out, I think we are on pretty solid ground. I am not sure we 
need to completely reinvent the wheel. I think we are forced 
into looking at new, alternative ways because of that very 
situation. So kind of to turn it around and say what can we do 
whether it's through the Funding Stabilization Act or to keep 
this system running the way it should.
    Senator Rosen. Intact. And we cannot forget although we 
love our tourism and travel for business and all of that, we 
have to take into account our military bases that live often 
close to our urban areas, our training and all that, and the 
protection and cooperation between those two groups is of 
utmost importance.
    Thank you.
    Senator Cruz. Thank you very much.
    I want to thank each of the witnesses for your testimony 
today. I think this has been productive. I think this hearing 
has helped reset and I hope restart a conversation about how we 
can come together cooperatively to reform and modernize air 
traffic control and to reap the benefits for all the 
stakeholders and for the flying public.
    The hearing record for this hearing will remain open for 
two weeks until October 8. During that time, Senators are asked 
to submit any questions for the record, and upon receipt, the 
witnesses are requested to submit your written answers to the 
Committee as soon as possible.
    And with our thanks again, this hearing is adjourned.
    [Whereupon, at 3:39 p.m., the hearing was adjourned.]

                            A P P E N D I X

     Response to Written Question Submitted by Hon. Jerry Moran to 
                               Mark Baker
    Question. For thousands of rural communities, general aviation is 
their only reliable means of connecting to the rest of the world, and 
an industry I'm committed to protecting. Could you outline the 
priorities of the general aviation community in advancing ATC 
modernization under the provisions of the current authorization that 
does not separate ATC from the FAA?
    Answer. The NextGen Advisory Committee (NAC) was established in 
2010 and is an excellent example of industry-government cooperation 
with a focus on modernizing our Nation's air traffic control system. 
Made up of a broad spectrum of aviation stakeholders, including general 
aviation, business aviation, airlines, international air traffic 
management agencies, airports, Department of Defense, unions, 
manufacturers, and government, the NAC has been an effective venue for 
providing consensus recommendations to the FAA.
    The NAC is also involved in Performance Based Navigation (PBN), 
which is a priority of all stakeholders. Specific to general aviation, 
the FAA must provide the instrument approaches to rural airports using 
PBN procedures. The current FAA production timeline for a new PBN 
approach at a general aviation airport is over two years. General 
aviation airports need PBN approaches for all-weather access, such as 
to support medevac flights or the delivery of time-sensitive critical 
goods. Providing the first PBN approach at a rural airport for life 
safety and access purposes must be appropriately prioritized over the 
fiftieth approach into a major airport that is solely for minimally 
increasing efficiency. General aviation aircraft owners that routinely 
fly in instrument conditions have almost universally equipped with the 
avionics that allow the pilot to take maximum advantage of PBN 
approaches and the FAA's investment.
    The FAA's NextGen initiative is operationalizing key air traffic 
investments which benefit general aviation and rural communities. One 
of the most important air traffic modernization initiatives within 
NextGen is ADS-B.
    In order to help aircraft owners meet the FAA's January 2020 ADS-B 
Out mandate, Congress provided DOT with the authority to establish an 
incentive program for equipping GA aircraft under Section 221 of the 
FAA Modernization and Reform Act of 2012 (Public Law 112-95). The 
initial $10 million-dollar FAA GA Rebate Program helped 20,000 pilots 
equip their aircraft. The rebates were in the amount of $500 per 
aircraft. The program was so successful that rebates were being 
reserved at a rate of 60 to 100 aircraft a day until the FAA ran out of 
available rebates in May of 2019, a full four months before the program 
was set to expire.
    Equipping with ADS-B Out is a significant expense for many general 
aviation aircraft owners. The cost of the FAA's ADS-B Out mandate 
ranges from $2,000 to more than $10,000 per aircraft. The average GA 
aircraft is 40 years old with hull values of less than $40,000 and the 
ADS-B Out mandate represents a significant cost for many owners.
    AOPA continues to encourage pilots that have not done so to equip. 
To incentivize equipage, we request the support of Congress to 
encourage the FAA to undertake another round of ADS-B rebate funding to 
spur further the GA equipage rate to meet the FAA mandate.
    The general aviation community also desires to leverage the 
investment that tens of thousands of aircraft owners are making to 
comply with the FAA's 2020 ADS-B mandate and would like to see improved 
ADS-B coverage in rural locations. New Ground Based Transmitters (GBT), 
which provide the ADS-B surveillance coverage, are needed in Alaska and 
other remote locations to ensure rural communities get the safety and 
efficiency benefits of NextGen. AOPA is working with the FAA and other 
stakeholders to identify the locations where new GBTs would provide a 
benefit to air traffic and general aviation.
    Other air traffic modernization initiatives that complement 
improved surveillance coverage include improved communications 
coverage, so that pilots and controllers can communicate, and 
additional weather observations, key systems to a safe air traffic 
system. In many cases, the communications systems can be collocated 
with other infrastructure in remote areas and provide far more benefit 
than their cost of installation and maintenance. Surface weather 
observation systems are being bought by airports and the states; 
however, these entities must still go through the FAA for approval 
which can take time and be cumbersome. There should be a streamlined 
process within the FAA to ensure new weather systems are delivering 
information to pilots and not left off due to bureaucratic delays.
                                 ______
                                 
     Response to Written Question Submitted by Hon. Gary Peters to 
                               Mark Baker
    Our air traffic control infrastructure is in many places a half-
century old [or older]. While the introduction of NextGen may allow for 
some reduction in redundant radar coverage, these radars are still 
critical to ensuring aviation safety, security, and continuity of 
service.
    Question. How important is it to safety and efficiency to undergo 
the upgrades of our radar infrastructure?
    Answer. The surveillance modernization initiative currently 
undertaken by the FAA with ADS-B offers numerous safety and efficiency 
benefits to general aviation. This program is providing a return on 
investment to the aircraft owners who equip with a compatible ADS-B 
transponder. AOPA is supportive of the ADS-B system and we are 
promoting the benefits of equipping with compatible transponders. The 
ADS-B surveillance network offers much improved coverage at general 
aviation altitudes over the legacy radar system.
    Improved surveillance coverage means air traffic control can see 
that aircraft longer and provide more efficient services, including 
shortcuts and expedited clearances. Additional surveillance coverage 
also allows controllers to provide weather, terrain, and conflicting 
traffic safety alerts. Better coverage also improves the free datalink 
weather service, called the Flight Information Service-Broadcast, that 
is credited with reducing the likelihood for an aircraft accident.
    The update rate of the aircraft's position with ADS-B is also much 
quicker than legacy radar, which allows reduced separation standards 
between aircraft, while not sacrificing any safety margin. Enabling 
aircraft separation to be 3-miles instead of 5-miles improves 
efficiency and throughput in congested airspace.
    To ensure general aviation can benefit from surveillance 
improvements, the systems installed by the FAA must be compatible with 
the avionics mandated by the 2020 ADS-B rule. The FAA's network of GBTs 
meets this need and should be expanded to further improve surveillance 
coverage in rural areas. We are concerned that space-based ADS-B is not 
compatible with the avionics almost all general aviation aircraft 
owners are installing in their aircraft. There would be a significant 
loss in safety and efficiency should the FAA choose to pursue a 
surveillance system not compatible with general aviation.
    The FAA must also collaborate with users, like general and 
commercial aviation, when undertaking legacy radar divestiture. It is 
important the aviation community is part of the decision-making process 
when considering what is a redundant or unnecessary radar system in the 
national airspace system. For safety, efficiency, and security reasons, 
radar divestiture should be fully scrutinized before the FAA begins 
taking action to turn off any radar system.
                                 ______
                                 
     Response to Written Question Submitted by Hon. Gary Peters to 
                              Edward Bolen
    Our air traffic control infrastructure is in many places a half-
century old [or older]. While the introduction of NextGen may allow for 
some reduction in redundant radar coverage, these radars are still 
critical to ensuring aviation safety, security, and continuity of 
service.
    Question. How important is it to safety and efficiency to undergo 
the upgrades of our radar infrastructure?
    Answer. The advancement of NextGen will enable FAA to safely 
consider some decommissioning of aging or redundant radar coverage. 
With the NextGen ADS-B system now fully deployed, more precise aircraft 
position information, from GPS satellites, is available to controllers 
compared to that provided by general radar technology. There are 
however various types of radar information and it would not be 
appropriate to eliminate all radar capability. Long-range radar 
information is also used by the Department of Defense for some 
important national defense and security objectives. In addition, 
certain short range radars are used to provide precision final approach 
guidance to runways and the potential NextGen replacement capability is 
not yet deployed. However, there are a number of enroute radars that I 
believe could be reduced and those savings in cost would be meaningful 
to the FAA.
                                 ______
                                 
     Response to Written Questions Submitted by Hon. John Thune to 
                               Joe DePete
    Question 1. Mr. DePete, the Federal Aviation Administration (FAA) 
has been working on a notice of proposed rulemaking for Remote 
Identification of Unmanned Aircraft Systems (UAS) since 2016, but 
publication of the rule has been continually delayed, most recently to 
December of this year. This rulemaking will serve as the foundation for 
future UAS regulations, including the many provisions included in the 
recent FAA Reauthorization Act of 2018 (P.L. 115-254) to advance the 
safe integration of UAS into the national airspace system.
    In response to this continual delay and several disruptive 
incidents involving UAS incursions into restricted airspace, Senator 
Markey and I have sent two letters--one on April 29 and another on 
September 12--urging the agency to swiftly publish the rule and provide 
further information on how any voluntary implementation of remote 
identification in the interim will function in a consistent and 
coordinated matter.
    As the agency works toward full implementation of a UAS traffic 
management system, what factors from your perspective are most 
important to consider?
    Answer.

  1.  It appears that the FAA will authorize approved air navigation 
        service providers (ANSP) and or UAS Service Suppliers (USS) to 
        provide the UTM services. It is unclear how the FAA will fund 
        the establishments of such programs and what the continuing 
        revenue source will be for the incurred cost of providing UTM 
        services.

  2.  It is currently unclear what role the FAA will have in 
        standardization and oversight of UTM ANSP or USS. The FAA needs 
        to develop policy that address these issues regarding the 
        development and granting of such services.

  3.  UAS traffic management (UTM) system(s) must ensure the safe 
        integration of UAS into the national airspace system (NAS), 
        while ensuring the continued safe use of the airspace by manned 
        airspace users, including airliners, first responders, air 
        medical flights and, aerial agricultural operations.

      a.  AUTM systems should ensure that conformance monitoring of UTM 
            system and UAs is a require part of the UTM system and 
            alerting for nonconforming failures of either the UAs or 
            the UTM system to the FAA and ATC as needed to ensure 
            safety of the other NAS operators.

      b.  The UTM system needs to provide for communications with FAA 
            air traffic control (ATC) for all safety of flight 
            operations. This includes manned operations in ``UTM 
            airspace'' and small UAS (a.k.a. drone) operations that 
            exceed the confines of the UTM airspace--either by accident 
            or on purpose--into the NAS.

    Question 2. As a member of the Drone Advisory Committee, what 
factors do you see as most important for the FAA to consider when 
evaluating the DAC recommendations related to voluntary implementation 
of UAS remote identification?
    Answer.

  1.  The ASTM standards represent a community-based standard that 
        address the recommendations of the Remote ID (RID) Aviation 
        Rulemaking Committee (ARC) and provide for the two-primary 
        means of receiving the aircraft information. These two means 
        include broadcast and network. The FAA should accept the ATSM 
        standards for remote ID when published as an ``acceptable means 
        of compliance'' to the forthcoming NPRM for remote ID.

  2.  The FAA needs to develop policy for the approval/acceptance and 
        standardization of newly developed and produced RID 
        capabilities. This should include ``validating' early equipage 
        applications for conformance to the ASTM standards and provide 
        community workshops to promote supporting technologies and 
        applications to both the broadcast and network applications. 
        Ensuring Federal partners, state, tribal, and local authorities 
        and first responders understanding and support voluntary 
        implementation of UAS remote identification.

  3.  RID when installed should be highly reliable and powered in such 
        a manner as to remain fully operational throughout the flight, 
        even under emergency conditions, i.e., loss of command and 
        communications (C2) or fly-a-ways.
                                 ______
                                 
     Response to Written Question Submitted by Hon. Jerry Moran to 
                               Joe DePete
    Question. How do we continue to modernize the Air Traffic Control 
operations under the provisions of the current authorization that does 
not separate ATC from the FAA?
    Answer. It's a question of resources--people and funding to support 
the modernization initiatives. It is also a question of prioritization 
of initiatives. The varying users of the system have varying 
priorities. FAA needs to implement a way to prioritize based on the 
greatest benefit in the soonest amount of time. ALPA is happy to 
provide our input on any legislative proposals, but one of the most 
important factors, needs to be an avoidance of government shutdowns 
impacting FAA functions, or an exemption from funding lapses during 
government shutdowns, such as what has been proposed by Senator Moran 
in S. 762, the Aviation Funding Stability Act.
                                 ______
                                 
     Response to Written Question Submitted by Hon. Gary Peters to 
                             Joseph DePete
    Our air traffic control infrastructure is in many places a half-
century old [or older]. While the introduction of NextGen may allow for 
some reduction in redundant radar coverage, these radars are still 
critical to ensuring aviation safety, security, and continuity of 
service.
    Question. How important is it to safety and efficiency to undergo 
the upgrades of our radar infrastructure?
    Answer. Extremely important. While we agree, Mr. Peters, that some 
level of redundant radar coverage is important for ensuring safety and 
security of the NAS, the shift to NextGen and satellite-based 
navigation and surveillance is critical and will lead to improvements 
to safety and efficiency of the NAS as well as increased capacity.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Gary Peters to 
                             Trish Gilbert
    Our air traffic control infrastructure is in many places a half-
century old [or older]. While the introduction of NextGen may allow for 
some reduction in redundant radar coverage, these radars are still 
critical to ensuring aviation safety, security, and continuity of 
service.
    Question 1. How important is it to safety and efficiency to undergo 
the upgrades of our radar infrastructure?
    Answer. All radars (air and surface) are critical to the safety and 
efficiency of our National Airspace System (NAS). With the increasing 
demand on the NAS--from commercial aircraft, to general aviation, and 
now new entrants such as commercial space and unmanned aircraft systems 
(UAS)--we must be continually working toward harmonizing ground and 
spaced-based surveillance to ensure both appropriate radar coverage and 
also an appropriate level of redundancy. The key to upgrading and 
``right-sizing'' our radar infrastructure is to remain focused on 
ensuring a safe and efficient NAS.

    In April, the FAA's Inspector General indicated options to avoid 
delays for the SENSR program, including allowing FAA to access the 
Spectrum Relocation Fund. I know Chairman Wicker and Senator Schatz 
have been leaders on this issue.
    Question 2. Do you agree that the SENSR auction is a good 
opportunity to upgrade our radar infrastructure?
    Answer. The SENSR auction is a tremendous opportunity to upgrade 
the radar infrastructure, but it also presents a number of challenges. 
SENSR is attempting to consider and combine the missions of the FAA, 
DoD, Homeland Security, and other government agencies. The requirements 
of each agency will need to be considered and validated to determine 
what type of system is feasible and how it could fulfill each agency's 
needs and various requirements.

    Western Michigan University in Kalamazoo, Michigan is home to the 
3rd largest post-secondary aviation program in the country. Among the 
programs they offer students includes a program for aspiring air 
traffic controllers.
    Question 3. Can you share a little bit about your perspective on 
the evolving workforce needs in the air traffic control sector?
    Answer. The air traffic control workforce must continually embrace 
emerging technologies and seamlessly integrate them into a fast-paced 
work environment. Those entering the profession must move quickly 
between tasks while maintaining focus and paying intense attention to 
detail. They will need the ability to handle high-pressure scenarios as 
a member of a team with the common goal of sequencing and separating 
aircraft in the NAS. A background in aviation has been shown to be 
beneficial to successfully developing an air traffic controller. 
Prospective controllers with such a background tend to possess some of 
the necessary skills and an understanding of the demands of the 
profession.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Jacky Rosen to 
                             Trish Gilbert
    I understand that understaffing has been a major issue that air 
traffic controllers have been facing for many years. Workforce 
attrition, lengthy training periods, and forced early retirement, 
coupled with stop-and-go funding and sequestration, have had a lasting 
negative effect, including on hiring and training talent. Air traffic 
controllers perform in a highly complex, and often high-stress position 
that requires quick and decisive decision-making, and we cannot afford 
to go without hardworking and well-trained controllers.
    The FAA's Certified Professional Controller (CPC) workforce has 
reached a 30-year low and a significant percentage of the certified 
controller workforce remains eligible to retire (almost 16 percent). 
Moreover, the controller staffing crisis cannot be remedied simply by 
increased hiring by the FAA. New hires who are admitted into the 
Academy today will require two to five years of training before they 
become fully trained and capable of separating air traffic on their 
own. Of those who are admitted, only about 73 percent of students will 
successfully complete their Academy training and there is additional 
attrition once Academy graduates begin on-the-job training at their 
facilities. NATCA is encouraged, however, as we are starting to see 
some positive results from the transfer program that allows CPCs from 
facilities with a lower staffing need transfer to facilities with the 
greatest staffing need, while the FAA also continues to place Academy 
graduates at certain air traffic facilities in which initial 
certification is more likely.
    Only a small percentage of air traffic controllers retire at their 
mandatory separation age. Many of them retire before they are required 
for a number of reasons, some of which include threatened shutdowns, 
furloughs, shiftwork, and poor staffing, which can lead to excessive 
over-time and increase stress and fatigue in an already stressful 
profession.
    The mandatory separation age is based upon well-documented studies 
by the FAA's Civil Aerospace Medical Institute that prove that 
controllers' performance on job-related cognitive testing as well as 
job-related tasks begins to deteriorate when controllers reach age 50. 
Although experience can help overcome the declines, increased risk and 
lost proficiency linked to age necessitate the mandatory separation 
age. Additionally, studies in the United States and other nations show 
a close correlation between ages, years of experience, and emotional, 
mental, and physical exhaustion among air traffic controllers.
    As part of the government funding bill passed in March of last 
year, NATCA worked with Members of Congress to address the hiring 
shortage by reinstating the Retired Military Controller program.
    Question 1. Has reinstating this program helped alleviate the 
staffing shortage?
    Answer. The Retired Military Air Traffic Controllers (RMC) program 
was initially implemented in 2000 allowing for time-limited 
appointments to those active duty military air traffic controllers who 
retired from the military. In 2015, the FAA discontinued hiring under 
the RMC program. The FAA claimed that the program was no longer 
necessary due to adequate staffing. We disagreed and advocated for the 
program to be reinstated to help supplement hiring to help with air 
traffic controller staffing. With the help of members of Congress, as 
well as renewed support and prioritization from the FAA, the program 
was reinstated earlier this year. Since its reinstatement, very few 
have been hired. The FAA air traffic controller workforce consists of 
10,370 fully certified air traffic controllers nationwide (as of June 
22, 2019 according to FAA Finance Staffing Data Snapshot), so although 
every single qualified and certified air traffic controller helps run a 
safe and complicated aerospace system, there is still a significant 
staffing need.

    Question 2. Are there other ways we can help create a pipeline from 
the military to our Nation's control towers?
    Answer. On September 15, Congress passed and the President signed 
into law the FAA Extension, Safety, and Security Act of 2016 (P.L. 114-
190/H.R. 636), which now allows FAA to hire experienced military 
controllers (not RMCs) though the age of 35 instead of the restriction 
disqualifying candidates those without previous experience after 
reaching their 31st birthday. That law also allowed all military 
veterans to circumvent the controversial biographical questionnaire, 
which had been preventing many seemingly qualified candidates from 
being hired. As with the RMC program, this helped reduce some of the 
administrative barriers to hiring, but has not alleviated the shortages 
to the FAA's air traffic controller staffing needs.
    NATCA continues to work with the FAA to develop a comprehensive 
hiring, staffing, and training program to address the long-term 
staffing needs in the National Airspace System. There is no silver 
bullet that will solve the problems. However we hope that changes, such 
as this program and the restoration of the RMC program, in conjunction 
with others we have implemented and more we continue to develop, will 
eventually solve the staffing crisis.

    Another component of the staffing issue is recruitment. In 2018, 
when the FAA updated their workforce numbers, they found that women 
made up only 17 percent of air traffic controllers. As a former 
computer programmer and systems analyst, I understand the challenges of 
being a woman working in a male-dominated field. However, I also know 
we need to make a much more considerable effort to reach out to all 
under-represented groups to address these critical staffing shortages, 
and increasing female recruitment seems like a logical place to start.
    We know we need to attract more women to this field.
    Question 3. Could you share with us the efforts your organization 
and the FAA is making to attract more women into this field?
    Answer. We are not certain what the FAA has done or is doing to 
attract women to the profession. I was hired on as an air traffic 
controller in 1988, and there were 16 percent women in the profession 
at that time. Now, the profession is only 17 percent women, so the FAA 
and others (including NATCA) should do more.
    NATCA works to promote the profession of air traffic control to 
today's youth as well as young professionals within hiring age. Some of 
this work is in partnership with other aviation industry stakeholders 
like the Air Line Pilots Association (ALPA), Aircraft Owners and Pilots 
Association (AOPA), Experimental Aircraft Association (EAA), General 
Aviation Manufacturers Association (GAMA), National Aeronautics and 
Space Administration (NASA), STEM Conferences, Women in Aviation 
International, Aero Club of Washington, and the Professional Women 
Controllers to name a few. The work includes mobile marketing, trade 
booths, public access to air traffic control simulation, presentations, 
activities/activity books, ATC facility tours, scholarships, mobile app 
development, funding ACE camps and participating in various STEM and 
career conferences such as Girls in Aviation Day, Aerospace Aviation 
Competition Summit at Joint Base Andrews, the Annual Aviation Education 
and Career Expo, and the USA Science and Engineering Festival in both 
Los Angeles and Washington, DC.
    Department of Transportation Secretary Elaine Chao has established 
a Women in Aviation Advisory Board with a stated purpose of encouraging 
more women to enter aviation professions. In this announcement, the 
Department of Transportation and the Federal Aviation Administration 
stated they are committed to working with industry, academia, and 
government to find ways to address the shortage of female professionals 
entering aviation careers by recruiting women through this committee 
and providing them with clear pathways to aviation careers.
    The work of the Board will focus on analyzing industry trends; 
coordinating efforts among airlines, nonprofit organizations, and 
aviation and engineering associations to facilitate support for women 
pursuing aviation careers; expanding scholarship opportunities; and 
enhancing training, mentorship, education, and outreach programs for 
women interested in aviation careers.
    Retention is also a concern for women in air traffic control. The 
service provided by the workforce is 24 hours a day, 7 days a week, 365 
days a year. Shift work increases fatigue and strain on a normal work-
life balance. Short-staffed facilities requiring excessive over-time 
and limited time off added to the existing strain of shift work can 
create retention issues. Additionally, the lack of any paid parental 
leave for the workforce also can make it difficult to retain women.

    Question 4. What can Congress do to help increase the number of 
women enter the controller workforce?
    Answer. NATCA is very thankful for your support and co-sponsoring 
of S.762. NATCA strongly encourages all Senators to support S. 762, the 
Aviation Funding Stability Act of 2019, (and its companion in the 
House, H.R. 1108), which would allow the FAA to continue to operate in 
the event of another shutdown. As you know, this important bill would 
authorize the FAA to continue to draw from the Airport and Airway Trust 
Fund (Trust Fund) in the event of a future government shutdown due to a 
lapse in appropriations, ensuring that the FAA can carry out its 
mission by maintaining the safety and efficiency of the NAS. All 
projects, programs, and activities that were previously funded would 
continue to be funded out of the Trust Fund until a new appropriations 
bill or a continuing resolution is signed into law. The FAA would not 
have to stop hiring or suspend training during a government shutdown, 
which would allow for staffing to improve. Better staffing equates to 
better work-life balance, which enables us to retain and recruit a 
diverse workforce.
    Paid parental leave would also be of great value in recruiting and 
retaining a quality diverse workforce, especially women.
                                 ______
                                 
    Response to Written Questions Submitted by Hon. Gary Peters to 
                            Sharon Pinkerton
    Our air traffic control infrastructure is in many places a half-
century old [or older]. While the introduction of NextGen may allow for 
some reduction in redundant radar coverage, these radars are still 
critical to ensuring aviation safety, security, and continuity of 
service.
    Question 1. How important is it to safety and efficiency to undergo 
the upgrades of our radar infrastructure?
    Answer. The FAA has made the determination that it will be using a 
combination of radars and ABS-B for surveillance and safe operations. 
It is important for the resiliency of the system that the radar system 
is capable of providing surveillance in the event of a GPS outage, and 
for supporting the increasingly complicated aviation system that 
addresses growth of airlines and new entrants such as Unmanned Aircraft 
Systems/Drones, Commercial Space and Urban Air Mobility.

    In April, the FAA's Inspector General indicated options to avoid 
delays for the SENSR program, including allowing FAA to access the 
Spectrum Relocation Fund. I know Chairman Wicker and Senator Schatz 
have been leaders on this issue.
    Question 2. Do you agree that the SENSR auction is a good 
opportunity to upgrade our radar infrastructure?
    Answer. It is a creative approach that holds the prospect of 
addressing the needs of the aviation system in the future. There are 
also discussions about public-private partnerships. For A4A, it is 
premature to endorse a specific direction as the FAA, Departments (DOD, 
DHS) analyze next steps.