[House Hearing, 119 Congress]
[From the U.S. Government Publishing Office]
THE STATE OF AMERICAN AVIATION
=======================================================================
(119-32)
HEARING
BEFORE THE
SUBCOMMITTEE ON
AVIATION
OF THE
COMMITTEE ON
TRANSPORTATION AND INFRASTRUCTURE
HOUSE OF REPRESENTATIVES
ONE HUNDRED NINETEENTH CONGRESS
FIRST SESSION
__________
DECEMBER 16, 2025
__________
Printed for the use of the
Committee on Transportation and Infrastructure
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available online at: https://www.govinfo.gov/committee/house-
transportation?path=/browsecommittee/chamber/house/committee/
transportation
__________
U.S. GOVERNMENT PUBLISHING OFFICE
64-353 PDF WASHINGTON : 2026
=======================================================================
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
Sam Graves, Missouri, Chairman
Rick Larsen, Washington, Ranking
Member
Eleanor Holmes Norton, Eric A. ``Rick'' Crawford,
District of Columbia Arkansas,
Jerrold Nadler, New York Vice Chairman
John Garamendi, California Daniel Webster, Florida
Henry C. ``Hank'' Johnson, Jr., Georgiaomas Massie, Kentucky
Andre Carson, Indiana Scott Perry, Pennsylvania
Dina Titus, Nevada Brian Babin, Texas
Jared Huffman, California David Rouzer, North Carolina
Julia Brownley, California Mike Bost, Illinois
Frederica S. Wilson, Florida Doug LaMalfa, California
Mark DeSaulnier, California Bruce Westerman, Arkansas
Salud O. Carbajal, California Brian J. Mast, Florida
Greg Stanton, Arizona Pete Stauber, Minnesota
Sharice Davids, Kansas Tim Burchett, Tennessee
Jesus G. ``Chuy'' Garcia, Illinois Dusty Johnson, South Dakota
Chris Pappas, New Hampshire Jefferson Van Drew, New Jersey
Seth Moulton, Massachusetts Troy E. Nehls, Texas
Marilyn Strickland, Washington Tracey Mann, Kansas
Patrick Ryan, New York Burgess Owens, Utah
Val T. Hoyle, Oregon Eric Burlison, Missouri
Emilia Strong Sykes, Ohio, Mike Collins, Georgia
Vice Ranking Member Mike Ezell, Mississippi
Hillary J. Scholten, Michigan Kevin Kiley, California
Valerie P. Foushee, North Carolina Vince Fong, California
Christopher R. Deluzio, Pennsylvania Tony Wied, Wisconsin
Robert Garcia, California Tom Barrett, Michigan
Nellie Pou, New Jersey Nicholas J. Begich III, Alaska
Kristen McDonald Rivet, Michigan Robert P. Bresnahan, Jr.,
Laura Friedman, California Pennsylvania
Laura Gillen, New York Jeff Hurd, Colorado
Shomari Figures, Alabama Jefferson Shreve, Indiana
Maxwell Frost, Florida Addison P. McDowell, North
Carolina
David J. Taylor, Ohio
Brad Knott, North Carolina
Kimberlyn King-Hinds,
Northern Mariana Islands
Mike Kennedy, Utah
Robert F. Onder, Jr., Missouri
Jimmy Patronis, Florida
Subcommittee on Aviation
Troy E. Nehls, Texas, Chairman
Andre Carson, Indiana, Ranking
Member
Sharice Davids, Kansas Thomas Massie, Kentucky
Hillary J. Scholten, Michigan Scott Perry, Pennsylvania
Robert Garcia, California Brian J. Mast, Florida
Henry C. ``Hank'' Johnson, Jr., Georgiate Stauber, Minnesota
Julia Brownley, California Tim Burchett, Tennessee
Frederica S. Wilson, Florida Dusty Johnson, South Dakota
Mark DeSaulnier, California Jefferson Van Drew, New Jersey
Valerie P. Foushee, North Carolina Tracey Mann, Kansas
Christopher R. Deluzio, Pennsylvania Burgess Owens, Utah
Nellie Pou, New Jersey, Tony Wied, Wisconsin, Vice
Vice Ranking Member Chairman
Laura Gillen, New York Tom Barrett, Michigan
Eleanor Holmes Norton, Nicholas J. Begich III, Alaska
District of Columbia Robert P. Bresnahan, Jr.,
Dina Titus, Nevada Pennsylvania
Salud O. Carbajal, California Jeff Hurd, Colorado
Greg Stanton, Arizona Jefferson Shreve, Indiana
Jesus G. ``Chuy'' Garcia, Illinois Addison P. McDowell, North
Val T. Hoyle, Oregon Carolina
Rick Larsen, Washington (Ex Officio) Brad Knott, North Carolina
Kimberlyn King-Hinds,
Northern Mariana Islands
Robert F. Onder, Jr., Missouri
Jimmy Patronis, Florida
Sam Graves, Missouri (Ex Officio)
CONTENTS
Page
Summary of Subject Matter........................................ vii
STATEMENTS OF MEMBERS OF THE COMMITTEE
Hon. Troy E. Nehls, a Representative in Congress from the State
of Texas, and Chairman, Subcommittee on Aviation, opening
statement...................................................... 1
Prepared statement........................................... 2
Hon. Andre Carson, a Representative in Congress from the State of
Indiana, and Ranking Member, Subcommittee on Aviation, opening
statement...................................................... 3
Prepared statement........................................... 4
Hon. Sam Graves, a Representative in Congress from the State of
Missouri, and Chairman, Committee on Transportation and
Infrastructure, opening statement.............................. 5
Prepared statement........................................... 6
Hon. Rick Larsen, a Representative in Congress from the State of
Washington, and Ranking Member, Committee on Transportation and
Infrastructure, opening statement.............................. 7
Prepared statement........................................... 9
WITNESS
Hon. Bryan Bedford, Administrator, Federal Aviation
Administration, U.S. Department of Transportation, oral
statement...................................................... 10
Prepared statement........................................... 12
SUBMISSIONS FOR THE RECORD
Memo of July 28, 2025, to Director, Audit and Evaluation, U.S.
Department of Transportation, Office of Inspector General, from
Nelda Z. Smith, Assistant Inspector General for Aviation
Audits, U.S. Department of Transportation, Office of Inspector
General, Submitted for the Record by Hon. Laura Gillen......... 39
Letter of November 10, 2025, to Hon. Sam Graves, Chairman, and
Hon. Rick Larsen, Ranking Member, Committee on Transportation
and Infrastructure, from Darlene Yaplee, President and
Cofounder, Aviation-Impacted Communities Alliance, Submitted
for the Record by Hon. Eleanor Holmes Norton................... 55
APPENDIX
Questions to Hon. Bryan Bedford, Administrator, Federal Aviation
Administration, U.S. Department of Transportation, from:
Hon. Troy E. Nehls........................................... 69
Hon. Jeff Hurd............................................... 74
Hon. Addison P. McDowell..................................... 75
Hon. Laura Gillen............................................ 75
Hon. Greg Stanton............................................ 77
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
December 12, 2025
SUMMARY OF SUBJECT MATTER
TO: LMembers, Subcommittee on Aviation
FROM: LStaff, Subcommittee on Aviation
RE: LSubcommittee Hearing on ``The State of American
Aviation''
_______________________________________________________________________
I. PURPOSE
The Subcommittee on Aviation of the Committee on
Transportation and Infrastructure will meet on Tuesday,
December 16, 2025, at 10:00 a.m. EST in 2167 of the Rayburn
House Office Building to receive testimony at a hearing
entitled, ``The State of American Aviation.'' The hearing will
examine the general state of aviation in America and Members
will have the opportunity to discuss recent regulatory actions
taken by the Federal Aviation Administration (FAA), current
issues in aviation, and the continued implementation of the FAA
Reauthorization Act of 2024 (FAARA 2024) (P.L. 118-63). At the
hearing, Members will receive testimony from Bryan Bedford,
Administrator of the FAA.
II. BACKGROUND
THE FEDERAL AVIATION ADMINISTRATION
The primary mission of the FAA is ensuring civil aviation
safety.\1\ The FAA has the responsibility to certify, monitor,
and regulate the safety and operations of the civil aviation
sector, including airlines, general aviation, unmanned aircraft
systems (UAS), airports, commercial space transportation,
repair stations, and aircraft manufacturers, as well as
establish licensing and training requirements for pilots and
other aviation related professionals.\2\ Congress periodically
reauthorizes the FAA and other Federal civil aviation programs
through an FAA reauthorization bill. The FAA was last
reauthorized when Congress passed and the President signed
FAARA 2024 into law, which provisions expire on October 1,
2028.\3\
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\1\ Mission, Fed. Aviation Admin, available at https://www.faa.gov/
about/mission.
\2\ 49 U.S.C. Sec. 106.
\3\ FAA Reauthorization Act of 2024, Pub. L. No. 118-63, 138 Stat.
1025. [hereinafter FAARA 2024].
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III. AIR TRAFFIC CONTROL MODERNIZATION
The FAA's Air Traffic Organization (ATO) is responsible for
operating the air traffic control (ATC) system, which includes
maintaining the technical and physical infrastructure necessary
to operate the National Airspace System (NAS), and employing
and training highly skilled workers to ensure the proper and
safe functioning of the NAS.\4\ Approximately 14,000 air
traffic controllers and trainees, 4,100 air traffic supervisors
and air traffic managers, 2,200 engineers, and 5,800
maintenance technicians make up ATO's workforce.\5\ FAARA 2024
contains several provisions to improve the ATC system,
including expediting the deployment of airspace modernization
technologies and procedures. For instance, FAARA 2024 requires
the agency to develop a plan to accelerate the replacement of
any legacy system identified as outdated, insufficient, unsafe,
or unstable.\6\ It also directs the FAA to develop a list of
unfunded facility and equipment needs that were not included in
the President's Budget.\7\
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\4\ Fed. Aviation Admin, Budget Estimates Fiscal Year 2026 (2025),
available at https://www.transportation.gov/sites/dot.gov/files/2025-
05/FAA_FY_2026_Budget_Estimates_
CJ.pdf.
\5\ Fed. Aviation Admin, Air Traffic by the Numbers (July 30,
2025), available at https://www.faa.gov/air_traffic/by_the_numbers.
\6\ FAARA 2024, supra note 3, at Sec. 622, 138 Stat. 1237.
\7\ Id. at Sec. 213.
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AIR TRAFFIC CONTROL FUNDING
The FAA's Facilities and Equipment (F&E) account funds air
traffic control (ATC) facilities and other essential NAS
infrastructure. Since the first year of the FAA Reauthorization
Act of 2018 (FAARA 2018) (P.L. 115-254), cumulative
appropriations for F&E are $3.3 billion less than the
authorized levels.\8\ Congress has held the F&E annual
appropriation relatively flat at around $3 billion annually for
more than a decade, which has not kept up with inflation.\9\
Furthermore, inadequate F&E budget requests over several
Administrations has compounded challenges of modernizing and
upgrading our ATC system.\10\ In addition to annual
appropriations, the Infrastructure Investment and Jobs Act
(IIJA) (P.L. 117-58) appropriated $5 billion in supplemental
multi-year funding for the F&E account. According to the FAA,
the majority of the funding provided to date has supported ATC
tower improvements and replacement, power systems updates,
radar systems replacement, enroute flight center upgrades, and
weather and navigation systems improvements.\11\
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\8\ Compare 49 U.S. Code Sec. 48101 to FAA, FY 2026 Budget
Estimates, (May 30, 2025), available at https://www.transportation.gov/
sites/dot.gov/files/2025-05/FAA_FY_2026_Budget_
Estimates_CJ.pdf (showing statutorily authorized levels of funding
compared to actual appropriations over the previous eight fiscal
years).
\9\ Nat'l Airspace System Safety Review Team, Discussion and
Recommendations To Address Risk in the National Airspace System, (Nov.
2023), available at https://www.faa.gov/
NAS_safety_review_team_report.pdf.
\10\ Id.
\11\ Fed. Aviation Admin, Infrastructure Investment and Jobs Act--
Air Traffic Facilities, (Feb. 11, 2025), available at https://
www.faa.gov/iija/air-traffic-facilities.
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DEPARTMENT OF TRANSPORTATION AIR TRAFFIC CONTROL MODERNIZATION PROPOSAL
Much of the FAA's air traffic infrastructure is several
decades old, which decreases efficiency and jeopardizes the
reliability of critical navigation and surveillance services
provided to aircraft operating in the NAS. On May 8, 2025,
Secretary Duffy released a plan for the FAA to build a new air
traffic control system to improve the safety and efficiency of
the NAS.\12\ This plan proposes improvements to FAA
communications, surveillance, automation, and facilities
infrastructure through replacement of telecommunications
infrastructure, radar systems, air traffic control towers, and
terminal radar approach control facilities (TRACONs);
deployment of runway safety and airport surface surveillance
projects; \13\ construction of six new Air Route Traffic
Control Centers (ARTCCs or en route centers); installation of
new hardware and software, including new information display
systems, for all air traffic facilities; and investments to
carry out the Don Young Alaska Aviation Safety Initiative.\14\
In August, the FAA solicited proposals from industry for a
Prime Integrator to manage the building of a brand new ATC
system.\15\ On December 4, 2025, the FAA announced that Peraton
will be the Prime Integrator.\16\
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\12\ Fed. Aviation Admin, Brand New Air Traffic Control System
Plan, (May 8, 2025), available at https://www.transportation.gov/
briefing-room/brand-new-air-traffic-control-system-plan [hereinafter
ATC Plan].
\13\ Id.
\14\ Id.
\15\ Press Release, Fed. Aviation Admin., U.S. Transportation
Secretary Duffy, FAA Launch Process to Select Prime Integrator for
Brand New Air Traffic Control System (Aug. 28, 2025), available at
https://www.faa.gov/newsroom/us-transportation-secretary-duffy-faa-
launch-process-select-prime-integrator-brand-new-air.
\16\ Press Release, U.S. Dep't of Transp., Trump's Transportation
Secretary Duffy & FAA Administrator Bedford Announce Prime Integrator
to Oversee Construction of Brand New Air Traffic Control System (Dec 4,
2025), available at https://www.transportation.gov/briefing-room/
trumps-transportation-secretary-duffy-faa-administrator-bedford-
announce-prime.
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FY 2025 RECONCILIATION
As part of the FY 2025 budget reconciliation process, the
House Committee on Transportation and Infrastructure favorably
reported, by a vote of 36 yeas to 30 nays, recommendations to
appropriate $12.5 billion to modernize the nation's ATC system
and to improve aviation safety.\17\ The Senate amendment, which
the House agreed to by a vote of 218 yeas to 214 nays and was
signed into law, retained the $12.5 billion appropriated level
but altered the allocation of funding included in the House-
passed bill.\18\ The law includes the following ATC-related
appropriations:
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\17\ One Big Beautiful Bill Act, H.R. 1, 119th Cong. (2025).
\18\ One Big Beautiful Bill Act, Pub. L. No. 119-21. [hereinafter
OBBBA].
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L$4.75 billion for telecommunications
infrastructure modernization and systems upgrades;
L$3 billion for radar systems replacements;
L$500 million for runway safety technologies,
runway lighting systems, airport surface surveillance
technologies;
L$300 million for Enterprise Information Display
Systems;
L$80 million for weather observing systems,
weather camera sites and stations;
L$40 million for the Don Young Alaska Aviation
Safety Initiative;
L$1.9 billion for new ARTCCs, as well as $100
million for the realignment and consolidation of ARTCCs;
L$1 billion for TRACON recapitalization and
consolidation;
L$350 million for unstaffed infrastructure
sustainment and replacement;
L$300 million to expedite the implementation of
key NextGen programs;
L$50 million for the deployment of remote tower
technology; and
L$100 million for air traffic controller advanced
training technologies.\19\
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\19\ Id.
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IV. AIR TRAFFIC CONTROL WORKFORCE
DEPARTMENT OF TRANSPORTATION (DOT) CONTROLLER HIRING PLAN
For several years, the FAA and the aviation industry
reported a need for a right-sized and qualified FAA workforce
commensurate with the agency's responsibilities. Recent reports
indicate that over 90 percent of towers are understaffed.\20\
The pandemic exacerbated the challenges felt by the FAA ATO,
which faces significant challenges in hiring and training
controllers at a rate necessary to meet increased travel
demand.\21\ Furthermore, in its latest Aerospace forecast, the
FAA projects that ``with robust air travel demand growth in
2025 and steady growth thereafter, the agency [sic] expects
increased activity growth that has the potential to increase
controller workload.'' \22\ To address this shortage, the DOT
announced in February 2025, a plan to attract candidates and
expedite air traffic controller hiring.\23\ The FAA:
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\20\ Aaron Krolik, 285 of 313 Air Traffic Control Facilities Are
Understaffed, N.Y. Times, (Jan. 31, 2025), available at https://
www.nytimes.com/2025/01/31/business/air-traffic-controllers-
understaffed.html
\21\ Turbulence Ahead: Consequences of Delaying a Long-Term FAA
Bill: Hearing Before the Subcomm. on Aviation of the H. Comm. on
Transp. and Infrastructure, 118th Cong., (Nov. 30, 2023) (statement of
Rich Santa, President, National Air Traffic Controllers Association).
\22\ Fed. Aviation Admin., FAA Aerospace Forecast, Fiscal Years
2025-2045, at 3, available at https://www.faa.gov/data_research/
aviation/aerospace_forecasts/FY-2025-2045-Full-Forecast-Document-and-
Tables.pdf.
\23\ Press Release, Dep't of Transp., U.S. Transportation Secretary
Sean P. Duffy Announces Air Traffic Controller Hiring Supercharge at
FAA Academy (Feb. 27, 2025), https://www.transportation.gov/briefing-
room/us-transportation-secretary-sean-p-duffy-announces-air-traffic-
controller-hiring.
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Lraised student controller starting salaries by 30
percent;
Lbegan year-round hiring track for experienced
(e.g., military and private sector) controllers;
Lreduced the hiring process by four months;
Ldirected resources to medical and security
screening offices to process at least 300 controller candidates
per month;
Lis increasing FAA Academy classroom capacity and
filling every seat;
Lplans to upgrade tower simulators by the end of
2025; and,
Lis revamping the placement process to increase
retention.\24\
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\24\ The Air Traffic Controller Workforce Plan FY 2025-2033, United
States Dep't of Transp. (2025), available at https://www.faa.gov/sites/
faa.gov/files/fy25-air-traffic-controller-workforce-plan_0.pdf
[hereinafter ATC Workforce Plan 2025].
The early results of this initiative have been positive, on
September 23, 2025, the FAA announced they had achieved their
hiring goal for Fiscal Year 2025, by hiring 2,026 new
controllers.\25\
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\25\ Press Release, Fed. Aviation Admin., Trump's Transportation
Secretary Sean P. Duffy Hits Air Traffic Controller Hiring Goal for
FY25 (Sep. 23, 2025), available at https://www.faa.gov/newsroom/trumps-
transportation-secretary-sean-p-duffy-hits-air-traffic-controller-
hiring-goal-fy25.
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FAA AIR TRAFFIC CONTROLLER WORKFORCE PLAN
The FAA is required to annually report an air traffic
controller workforce plan.\26\ According to the 2025 Controller
Workforce Plan (CWP) in 2024 the FAA ATC workforce grew by 411
controllers, hiring 1,811 from more than 16,450 applicants, and
losing 1,400 controllers through attrition. The 2025 CWP aims
to hire 8,900 controllers between 2025 and 2028.\27\ This is
1,500 more controllers by 2028 than planned in the 2024
CWP.\28\ Additionally, while attrition is expected to increase,
the FAA expects to increase the air traffic controller
workforce by more than 2,000 controllers by the end of
2028.\29\
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\26\ Vision 100--Century of Aviation Reauthorization Act, Pub. L.
No. 108-176, Sec. 211.
\27\ ATC Workforce Plan 2025, supra note 24.
\28\ The Air Traffic Controller Workforce Plan FY 2024-FY 2033,
United States Dep't of Transp., (2024), available at https://
www.faa.gov/sites/faa.gov/files/afn-aba-20240509-cwp-congress.pdf.
\29\ ATC Workforce Plan 2025, supra note 24.
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V. 2024 FAA REAUTHORIZATION
On May 16, 2024, President Biden signed H.R. 3935, FAARA
2024 into law.\30\ FAARA 2024 reauthorizes civil aviation
programs within the FAA through FY 2028. Enactment of FAARA
2024 followed a series of four short-term extensions of
authorizations after the previous reauthorization law, the
FAARA 2018, expired on October 1, 2023.\31\ Support for final
passage of H.R. 3935 was overwhelmingly bipartisan. The Senate
passed an amendment to H.R. 3935 by a vote of 88 yeas to 4 nays
and the House agreed to the amendment by a vote of 387 yeas to
26 nays.\32\ FAARA 2024 was crafted with the intent of
reforming, expanding, and protecting several key pillars of
United States aviation, including upholding aviation safety,
growing the aviation workforce, revitalizing general aviation
(GA), and harnessing advanced aviation, among others.
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\30\ Press Release, The White House, Bill Signed: H.R. 3935, (May
16, 2024), available at https://bidenwhitehouse.archives.gov/briefing-
room/statements-releases/2024/05/16/press-release-bill-signed-h-r-
3935/.
\31\ Div. B, Title II of the Continuing Appropriations Act, 2024
and Other Extensions Act, Pub. L. No. 118-15, 137 Stat. 71; Airport and
Airway Extension Act of 2023, Part II, Pub. L. No. 118-34; Airport and
Airway Extension Act of 2024, Pub. L. No. 118-41; Airport and Airway
Extension Act of 2024, Part II, Pub. L.No. 118-60.
\32\ Concur in the S. Amdt. to H.R. 3935, Clerk, United States of
House Representatives, Roll Call 200, 118th Cong., 2nd Session, (May
15, 2024), available at https://clerk.house.gov/Votes/2024200.; H.R.
3935, As Amended, Clerk, United States Senate, Roll Call 162, 118th
Cong., 2nd Session, (May 9, 2024), available at https://www.senate.gov/
legislative/LIS/roll_call_votes/vote1182/vote_118_2_00162.htm.
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UPHOLDING AVIATION SAFETY
FAARA 2024 included nearly 80 provisions aimed at
enhancing, improving, and maintaining aviation safety in the
United States and on the world stage.\33\ To address the
concerning trend of near misses and runway incursions, section
347 of FAARA 2024 requires the FAA to establish the Runway
Safety Council to develop strategies to address airport surface
safety risks, among other tasks, to improve surface safety.\34\
Additionally, the FAA is tasked with identifying and deploying
technologies, equipment, and systems, such as surface
surveillance and detection systems, that improve onboard
situational awareness for flight crewmembers and enhance the
safety of ground operations at all medium hub, large hub, and
other airports that lack surface surveillance capabilities.\35\
This section requires airport surface surveillance systems to
be deployed and operational at all medium and large hub
airports within five years.\36\ While the requirements of this
section are segmented out over the course of five years, the
FAA has already begun implementing some of these key
initiatives and safety enhancing capabilities at airports
across the NAS.\37\
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\33\ FAARA 2024, supra note 3.
\34\ Id. at Sec. 347, 138 Stat. 1104.
\35\ Id.
\36\ Id.
\37\ Briefing from FAA to Subcomm. on Aviation Staff, 2024 FAA
Reauthorization Hill Update (Apr. 10, 2025, 12:00pm EST) (Slides on
file with Comm.) [hereinafter Hill Update].
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To further improve aviation safety, the FAA introduced the
voluntary Aviation Safety Information Analysis and Sharing
(ASIAS) system. ASIAS is a comprehensive database of safety
data and analysis from government and industry sources that
allows analysts to assess certain data across the aviation
sector instead of piecemeal through specific stakeholders.
Section 348 requires the FAA to implement improvements to the
ASIAS program with respect to safety data sharing and risk
mitigation.\38\ Specifically, FAARA 2024 requires the FAA to:
develop predictive capabilities to anticipate emerging safety
risks, establish a robust process for prioritizing request for
safety information, identify industry segments not yet included
in the program to increase the rate of participation, establish
processes for obtaining and analyzing aggregate data, and
integrate safety data obtained from unmanned aircraft systems
(UAS) operators.\39\
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\38\ FAARA 2024, supra note 3 at Sec. 348, 138 Stat. 1107.
\39\ Id.
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The Agency conducted an initial briefing on its efforts
with Committee staff, in line with the statutory requirements,
on November 12, 2024, where it outlined ASIAS metrics, safety
improvements, and how they are using aggregate data for safety
analysis.\40\ Additionally, the FAA asserted that it will
implement a new advanced technology tool to more rapidly
process safety data and produce relevant safety intelligence.
The FAA projects to fully implement section 348 by the 2027
statutory requirement.\41\
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\40\ Briefing from FAA to Subcomm. on Aviation Staff, FAA
Reauthorization Act of 2024, Sec. 348: Improvements to Aviation Safety
Information Analysis and Sharing Program (Dec. 19, 2024 at 2:45pm EST)
(Slides on file with Comm.).
\41\ Hill Update, supra note 37.
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GROWING THE AVIATION WORKFORCE
FAARA 2024 works to address the hiring and training
bottlenecks most commonly affecting pilots, aircraft mechanics,
air traffic controllers, aviation safety inspectors, and other
key aviation roles. These aviation professions are closely
regulated, require significant training and experience to
achieve FAA certification and are essential to the safe
operation of the NAS.
The FAA's Flight Standards Service (FSS) and Aircraft
Certification Service (AIR) aviation safety inspectors are
responsible for the certification, education, oversight, and
enforcement of the NAS.\42\ Given increased compliance
requirements on manufacturers and operators, ongoing supply
chain quality issues, enhanced scrutiny of safety culture
across the aviation ecosystem, and the emergence of more
advanced aerospace technologies in United States airspace, it
is critical that this safety workforce be fully staffed to meet
current and future industry demand. Sections 429, 430, and 431
of FAARA 2024 collectively require a wholistic review of the
FAA's safety critical workforce, including staffing for safety
inspectors, to ensure the agency can efficiently and
effectively fulfill its aviation safety mission.\43\
Furthermore, section 428 directs the FAA to utilize its
existing direct hire authorities to hire more individuals for
positions related to aircraft certification and aviation
safety, including those supporting the safe integration of new
airspace entrants.\44\ To date, the FAA has not provided an
update on implementation on these provisions.
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\42\ Strengthening the Aviation Workforce: Hearing Before the S.
Comm. on Commerce, Space and Transportation, 118th Cong. (Mar. 16,
2023) (statement of David Spero, National President, Professional
Aviation Safety Specialists).
\43\ FAARA 2024, supra note 3, at Sec. 429, Sec. 430, Sec. 431,
138 Stat. 1171, 1172, 1173.
\44\ Id. at Sec. 428, 138 Stat. 1170.
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To facilitate the process of increasing the air traffic
controller workforce and addressing the controller workforce
bottlenecks, section 437 of FAARA 2024 directs the FAA to hire
the maximum number of individuals able to be trained at the FAA
ATC Academy and requires the FAA to develop a plan to increase
the Academy's capacity.\45\ Furthermore, section 437 requires
the FAA to examine recruitment, hiring, and retention of air
traffic controller instructors and the projected number of
instructors needed.\46\ The FAA is growing the ATC Academy
staff by adding field supervisors to serve as instructors.\47\
Additionally, the law directed the Transportation Research
Board (TRB) to identify the most appropriate staffing model for
future controller workforce needs and required the FAA to
revise its current staffing model. In June, the TRB released
the report, which includes several recommendations, including
the need to update the FAA's current staffing model where it is
possible to address controller fatigue.\48\ The FAA is
reviewing the TRB recommendations and will make appropriate
modifications to the staffing standards for the FY26 Controller
Workforce Plan.\49\
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\45\ FAARA 2024, supra note 3, at Sec. 437, 138 Stat. 1176.
\46\ Id.
\47\ Briefing from FAA to Subcomm. on Aviation Staff, 2024 FAA
Reauthorization ATO Implementation Update (Oct. 2025) (Slides on file
with Comm.)
\48\ Nat'l Academies of Sciences, Engineering, and Medicine,
Actions from Federal Government Needed to Alleviate Air Traffic
Controller Staffing Shortages at Many Facilities, Says New Report,
(June 18, 2025), available at https://www.nationalacademies.org/news/
2025/06/actions-from-federal-government-needed-to-alleviate-air-
traffic-controller-staffing-shortages-at-many-facilities-says-new-
report.
\49\ Briefing from FAA to Subcomm. on Aviation Staff, 2024 FAA
Reauthorization ATO Implementation Update (Oct. 2025) (Slides on file
with Comm.)
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Furthermore, section 440 of FAARA24 reauthorizes the FAA's
Aviation Workforce Development (AWD) Grant Program to fund
efforts focused on growing the United States aircraft pilot and
aviation maintenance workforce.\50\ FAARA24 also expands
eligibility for the AWD grant to aviation manufacturing to
ensure this critical sector also has a robust talent pool to
recruit from in the coming decades.\51\ The initial Notice of
Funding Opportunity for the fiscal year 2025 AWD grant cycle
was initially published in January 2025, however, the grants
have not yet been issued.\52\
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\50\ FAARA 2024, supra note 3 Sec. 440, 138 Stat. 1379.
\51\ Id.
\52\ Fed. Aviation Admin, FAA Aviation Maintenance Technical
Workers Workforce Development Grant Program, (Jan. 6, 2025), available
at https://www.grants.gov/search-results-detail/357969; Communication
from FAA to Subcomm. on Aviation Staff, Workforce Development Grants
NOFOs, (Aug. 7, 2025, 3:10pm EST) (on file with Subcomm.).
---------------------------------------------------------------------------
AIRSPACE MODERNIZATION
In 2007, the FAA launched ``NextGen'' \53\, which aimed to
modernize the airspace, create more efficient routes, decrease
congestion, and provide a better experience for the traveling
public.\54\ However, NextGen programs have been vulnerable to
delays and cost-overruns.\55\ According to a September 2024
Government Accountability Office (GAO) report, NextGen
activities' initial completion dates of 2025 have been delayed
to 2030.\56\ Although anticipated costs for NextGen programs
have fallen back in line with original estimates, challenges
remain for FAA's continued implementation, including
uncertainty of future funding, unanticipated system
requirements, and aircraft owners' equipage to fully utilize
NextGen improvements, FAA's leadership stability, and
cybersecurity issues.\57\
---------------------------------------------------------------------------
\53\ Fed. Aviation Admin, Next Generation Air Transportation System
(NextGen) (last updated Jan. 14, 2025), available at https://
www.faa.gov/nextgen.
\54\ Id.
\55\ U.S. Gov't Accountability Off., GAO-17-241R, Next Generation
Air Transportation System: Information on Expenditures, Schedule and
Cost Estimates, Fiscal Years 2004-2030 (2016).
\56\ U.S. Gov't Accountability Off., GAO-24-107001, Air Traffic
Control: FAA Actions Are Urgently Needed To Modernize Aging Systems
(Sept. 2024).
\57\ U.S. Gov't Accountability Off., GAO-17-450, Air Traffic
Control Modernization: Progress and Challenges in Implementing NextGen
(2017).
---------------------------------------------------------------------------
In recognition of the ongoing challenges and delays of the
NextGen program, section 206 of FAARA 2024 instructs the FAA to
operationalize the programs under NextGen by the end of 2025
and then sunset the Office of NextGen.\58\ If the FAA fails to
meet the deadline stated, section 206 transfers the office's
residual functions to the new Airspace Modernization Office
created in section 207.\59\ The FAA expects to meet the
statutory deadline under this section.\60\
---------------------------------------------------------------------------
\58\ FAARA 2024, supra note 3, at Sec. 206, 138 Stat. 1044.
\59\ Id.
\60\ Briefing from FAA to Subcomm. on Aviation Staff, 2024 FAA
Reauthorization Hill Update (Oct. 8, 2024) (slides on file with Comm.).
---------------------------------------------------------------------------
Furthermore, section 619 of FAARA 2024 requires the FAA to
expedite the implementation of the following programs and
capabilities previously under the NextGen brand: Performance
Based Navigation (PBN), Data Communications (DataComm),
Terminal Flight Data Manager (TFDM) and Aeronautical
Information Management.\61\ This requirement includes deadlines
for each program and the FAA must notify Congress regarding any
failure to meet them.\62\ Furthermore, the FAA is directed to
task the NextGen Advisory Committee with providing
recommendations on ways to expedite, prioritize, and fully
implement NextGen programs to realize the operational
benefits.\63\ In August 2025, FAA provided an update to the
Committee on the NextGen equipage plan required in section 619
and FAA remains mostly on track with the established deadlines
and tasks.\64\ The challenges with the FAA's efforts to swiftly
modernize ATC programs remain a serious concern for the
Committee and pose a critical risk to the safety of the NAS if
left unaddressed.
---------------------------------------------------------------------------
\61\ FAARA 2024, supra note 3, at Sec. 619, 138 Stat. 1231.
\62\ Id.
\63\ Id.
\64\ Briefing from FAA to Subcomm. on Aviation Staff, Section
619(g): NextGen Equipage Plan (Aug. 15, 2025) (slides on file with
Comm.).
---------------------------------------------------------------------------
VI. REGULATORY ACTIONS
MODERNIZATION OF SPECIAL AIRWORTHINESS CERTIFICATES (MOSAIC) FINAL RULE
In 2004, the FAA established Light Sport Aircraft (LSA) and
sport pilot certifications, creating a simplified and cost-
effective path to flying.\65\ In order to qualify for a sport
pilot privileges, a pilot is allowed to use a valid driver's
license to serve as proof of medical fitness, have at least 20
hours of flight time, and pass FAA knowledge and practical
tests.\66\
---------------------------------------------------------------------------
\65\ Certification of Aircraft and Airmen for the Operation of
Light-Sport Aircraft, 69 Fed. Reg. 44772 (July 27, 2004) (to be
codified at 14 C.F.R. pts. 1, 21, 43, 45, 61, 65, 91)
\66\ 14 C.F.R. Sec. 61.303 (2004).
---------------------------------------------------------------------------
To incorporate advances in technology and use cases for
these types of aircraft, FAARA 2024 required the FAA to issue a
final rule for the Modernization of Special Airworthiness
Certification (MOSAIC) rulemaking within two years.\67\ The FAA
issued its final rule on July 24, 2025, revising the definition
of LSAs and expanding sport pilot certificate privileges. LSAs
no longer have a maximum takeoff weight (previously 1,320
pounds), making the maximum stall speed of 61 knots the primary
defining factor, along with a maximum airspeed of 250 knots and
a maximum seating capacity of four. LSA certification is now
open to all aircraft types, adding helicopters and power lift
aircraft, which was previously limited to airplanes, gliders,
weight-shift control, powered parachutes, balloons, airships,
and gyroplanes. Sport pilot privileges are expended to operate
these LSAs as well as at night, with additional training and
BasicMed or third-class medical certificate.\68\
---------------------------------------------------------------------------
\67\ FAARA 2024, supra note 3 at Sec. 824, 138 Stat. 1332.
\68\ Modernization of Special Airworthiness Certification (MOSAIC),
90 Fed. Reg. 35034 (July 24, 2025) (to be codified at 14 C.F.R. pts. 1,
21, 22, 36, 43, 45, 61, 65, 91, 119, & 147).
---------------------------------------------------------------------------
DRONE BEYOND VISUAL LINE OF SIGHT (BVLOS) RULEMAKING
Consistent with the requirements of section 930 of FAARA
2024 and Executive Order (EO) 14307, on August 5, 2025, the DOT
unveiled a draft rule to establish a performance-based
regulatory pathway UAS to operate beyond an operator's visual
line of sight (BVLOS).\69\ The NPRM, which was published in the
Federal Register on August 7, 2025, was issued jointly with the
Transportation Security Administration (TSA) and began a 60-day
comment period that concluded on October 6, 2025. Currently,
the FAA is reviewing and adjudicating the approximately one
million public comments that were received during the open
comment period.\70\ While the NPRM was issued jointly with TSA,
the FAA plans to issue separate but concurrent final rules
independent of the TSA.\71\ The draft rule proposes the
addition of two new parts (part 108 and part 146) to title 14,
Code of Federal Regulations (CFR). Under the proposed rule,
part 108 would govern the operations, design standards,
manufacturing, and personnel requirements necessary to operate
BVLOS. Conversely, the proposed part 146 would regulate, and
provide a path to certification, for Automated Data Service
Providers (ADSP) providing traffic management services
facilitating the operations of UAS BVLOS.\72\ Section 930 of
FAARA 2024 requires the Administrator to issue a final rule not
later than 16 months after the issuance of the NPRM, roughly
December 2026.\73\
---------------------------------------------------------------------------
\69\ FAARA 2024, supra note 3 at Sec. 930, 138 Stat. 1366; Exec.
Order No. 14307, (June 6, 2025), available at https://whitehouse.gov/
presidential-actions/2025/06/unleashing-american-drone-dominance/;
Press Release, Dep't of Transp., Trump's Transportation Secretary Sean
P. Duffy Unveils Rule to Unleash American Dominance as Part of His
Innovation Agenda (Aug. 5, 2025), available at https://
www.transportation.gov/briefing-room/trumps-transportation-secretary-
sean-p-duffy-unveils-rule-unleash-american-drone.
\70\ Normalizing Unmanned Aircraft Systems Beyond Visual Line of
Sight Operations, Regulations.Gov, (Aug. 14, 2025), available at
https://www.regulations.gov/document/FAA-2025-1908-0023.
\71\ Briefing from FAA to Subcomm. on Aviation Staff, BVLOS NPRM
Briefing (Aug. 8, 2025) (on file with Comm.).
\72\ Normalizing Unmanned Aircraft Systems Beyond Visual Line of
Sight Operations, 90 Fed. Reg. 38212 (Aug. 7, 2025) (to be codified at
14 C.F.R. pt. 36, 43, 45, 48, 89, 91, 107, 108, 119, 133, 135, 137, and
146).
\73\ FAARA 2024, supra note 3 at Sec. 930, 138 Stat. 1366.
---------------------------------------------------------------------------
SAFETY FRAMEWORK FOR ADVANCED AIR MOBILITY (AAM) OPERATIONS
Currently, several advanced air mobility aircraft (AAM)
manufacturers are in the process of certifying the design of
their aircraft with FAA and plan to enter service upon this
certification. With AAM aircraft operators expected to use
existing operating procedures, the FAA has faced challenges in
leveraging certain existing aviation rules for the new class of
aircraft. To meet entry into service target dates for AAM
manufacturers and operators, and to establish a clear
regulatory safety framework for powered-lift AAM aircraft, in
2023, the FAA declared that it would publish a final Special
Federal Aviation Regulation (SFAR) for these aircraft by ``the
fourth quarter of 2024.'' \74\ Section 955 of FAARA24 required
the agency to publish a final SFAR no later than November 16,
2024, and the FAA accomplished the task a month early,
announcing the final SFAR in October 2024.\75\ The highly
anticipated SFAR, which is valid for 10 years, addresses
operational and pilot certification requirements for powered-
lift aircraft.\76\
---------------------------------------------------------------------------
\74\ Revise Airplane Definition to Incorporate Powered-lift
Operations, RIN 2120-AL72, Unified Agenda, Off. of Info. and Reg.
Affairs; FAA Reauthorization: Enhancing America's Gold Standard in
Aviation Safety, Hearing Before the Subcomm. on Aviation of the H.
Comm. on Transp. and Infrastructure, 118th Cong. (Feb. 7, 2023)
(statement of David Boulter, Acting Assoc. Admin. for Aviation Safety,
FAA).
\75\ Press Release, FAA, With New Rule, FAA is Ready for Air Travel
of the Future, (Oct. 22, 2024) available athttps://www.faa.gov/
newsroom/new-rule-faa-ready-air-travel-future.
\76\ Final Rule for Powered-Lift Ops is Key for AAM, National
Business Aviation Association, (Nov. 2024), available at https://
nbaa.org/news/business-aviation-insider/2024-11/final-rule-for-powered-
lift-ops-is-key-for-aam/.
---------------------------------------------------------------------------
VII. SAFETY
WASHINGTON, D.C. AIRSPACE CHANGES
On January 29, 2025, American Eagle flight 5342 collided
with an Army UH-60 Black Hawk helicopter while on final
approach to Ronald Reagan Washington National Airport (DCA).
This collision resulted in the tragic loss of 67 lives with
both aircraft crashing into the Potomac River.\77\ The National
Transportation Safety Board (NTSB), an independent Federal
agency responsible for investigating transportation accidents
in the United States and issuing safety recommendations, is
leading the investigation into the collision.\78\ The NTSB will
issue a final report and safety recommendations.\79\
---------------------------------------------------------------------------
\77\ NTSB, Aviation Investigation Preliminary Report (2025),
available at https://www.ntsb.gov/investigations/Documents/
DCA25MA108%20Prelim.pdf [hereinafter NTSB Preliminary Report].
\78\ Id.
\79\ NTSB, Midair Collision PSA Airlines Bombardier CRJ700 Airplane
and Sikorsky UH-60 Military Helicopter, (Feb. 3, 2025), available at
https://www.ntsb.gov/investigations/Pages/DCA25MA108.aspx.
---------------------------------------------------------------------------
Two days after the collision, the FAA announced
restrictions on helicopter traffic in the area over the Potomac
River and DCA and extend down to the Wilson Bridge, South of
DCA. On March 11, 2025, the NTSB issued an aviation
investigation preliminary report, as well as two urgent safety
recommendations to the FAA concerning the helicopter routes
near DCA.\80\ Subsequently, on March 14, 2025, the FAA
announced actions to address the NTSB's safety recommendations,
including the restriction of non-essential helicopter
operations around DCA and the permanent closure of Route 4
between Hains Point and the Wilson Bridge.\81\ On June 12,
2025, the FAA issued updated DCA helicopter charts, which
display changes to helicopter zones and routes around DCA.
These new measures do not affect or undo the permanent
restrictions, route closures, and procedures issued by FAA
following the NTSB's release of their recommendations.\82\ The
FAA is also conducting an analysis of 21 other airports in ten
metro areas with high volumes of mixed traffic, as well as
offshore helicopter operations in the Gulf Coast.\83\
---------------------------------------------------------------------------
\80\ NTSB Preliminary Report, supra note 77; NTSB, Deconflict
Airplane and Helicopter Traffic in the Vicinity of Ronald Reagan
Washington National Airport, (March 7, 2025), available at https://
www.ntsb.gov/investigations/AccidentReports/Reports/AIR2501.pdf.
\81\ Fed. Aviation Admin., FAA Statement on NTSB Recommendations
for DCA, (Mar. 14, 2025), available at https://www.faa.gov/newsroom/
faa-statement-ntsb-recommendations-dca.
\82\ Fed. Aviation Admin, FAA Statement on Updated DCA Helicopter
Charts, (June 12, 2025), available at https://www.faa.gov/newsroom/faa-
statement-updated-dca-helicopter-charts.
\83\ NTSB Preliminary Report: the DCA Midair Collision, Hearing
Before the United States Senate Committee on Commerce, Science and
Transportation, Subcommittee on Aviation, Space, and Innovation, 119th
Cong. (2025) (Testimony of Chris Rocheleau Acting Administrator); see
also Email from FAA to H. Comm. on Transp. and Infrastructure staff
(Mar. 27, 2025) (on file with Comm.).
---------------------------------------------------------------------------
OVERSIGHT OF BOEING
On January 5, 2024, an Alaska Airlines Boeing 737 MAX 9
aircraft had one of its two mid-cabin door-plugs separate from
the aircraft during flight, causing a rapid depressurization of
the cabin. No passengers or flight crew were seriously injured.
The following day, the FAA issued an emergency airworthiness
directive temporarily grounding all 737 MAX 9 aircraft with the
plug door configuration pending the results of a number of
exploratory inspections of part of the fleet.\84\ On January
24, 2024, based partially on the results of the exploratory
inspections, the FAA approved a comprehensive inspection
regimen that, upon its completion, would allow 737 MAX 9
aircraft to return to service shortly thereafter. In addition
to this, the FAA also capped production of all 737 MAX model
aircraft to 38 per month, pending Boeing's ability to improve
certain Key Performance Indicators (KPIs).\85\ In November, the
FAA determined Boeing had met needed thresholds with regards to
its KPIs and allowed Boeing to increase its monthly production
rate for 737 MAX aircraft from 38 to 42.\86\
---------------------------------------------------------------------------
\84\ Christine Boynton, et al., FAA Grounds, Orders Immediate
Inspections of Most Boeing 737-9s, Aviation Week, (Jan. 8, 2024),
available at https://aviationweek.com/air-transport/safety-ops-
regulation/faa-grounds-orders-immediate-inspections-most-boeing-737-9s.
\85\ Amanda Maile and Lea Sarnoff, FAA releases instructions for
airlines to begin inspecting Boeing 737 Max 9 planes, ABC News, (Jan.
24, 2024), available at https://abcnews.go.com/Politics/faa-releases-
instructions-airlines-begin-inspecting-boeing-737/story?id=106654582.
\86\ Leslie Josephs, FAA lets Boeing increase 737 Max production
almost two years after near-catastrophic accident, CNBC, (Oct. 17,
2025), available at https://www.cnbc.com/2025/10/17/boeing-737-max-
production.html [hereinafter Boeing Max Production Rate].
---------------------------------------------------------------------------
Recently, the FAA lifted some of its other restrictions on
Boeing manufacturing and certification practices. On September
26, 2025, the FAA announced it will allow limited delegation
authority for Boeing employees to issue airworthiness
certificates for 737 MAX and 787 Dreamliner aircraft.\87\
Boeing previously held this delegated authority, but it was
revoked for the 737 MAX aircraft by the FAA in 2019 following
the 737 MAX 8 crashes of Lion Air Flight 610 and Ethiopian
Airlines Flight 302 and further revoked after production
defects were uncovered with the 787 Dreamliner in 2022.\88\ FAA
inspectors will continue to remain involved in issuing
airworthiness certificates as a part of this limited delegation
authority.\89\
---------------------------------------------------------------------------
\87\ Press Release, Fed. Aviation Admin., FAA Statement--Boeing
Airworthiness Certificates (Sept. 26, 2025), available at https://
www.faa.gov/newsroom/faa-statement-boeing-airworthiness-certificates
[hereinafter Boeing Airworthiness Certificates].
\88\ Boeing Max Reduction Rate, supra note 86.
\89\ Boeing Airworthiness Certificates, supra note 87.
---------------------------------------------------------------------------
SURFACE AWARENESS INITIATIVE
In response to section 347 of FAARA 2024, in June 2024, the
FAA deployed the Surface Awareness Initiative (SAI), which
provides timely and accurate depictions of both aircraft and
vehicles that are transmitting Automatic Dependent
Surveillance-Broadcast (ADS-B) on the surface movement areas of
an airport in all weather conditions.\90\ As of February 2025,
SAI is currently operational at 18 airports; and the FAA plans
to have 32 additional sites operational by December 31,
2025.\91\ In March 2024, the FAA launched the Approach Runway
Verification (ARV) system to provide controllers with visual
and audible alerts if an approaching aircraft is lined up to
land on the wrong airport surface. As of April 2025, ARV is
operational at 102 facilities, and the FAA expects it will be
operational at an additional 50 facilities by end of 2025.\92\
In March 2025, the FAA deployed Runway Incursion Devices (RID),
a memory aid controllers use to provide additional situational
awareness of occupied and closed runways, at 74 airports.\93\
Further, the One Big Beautiful Bill Act provided $500 million
in appropriations for runway safety technologies, runway
lighting systems, airport surface surveillance technologies and
to carry out section 347 of FAARA 2024.\94\
---------------------------------------------------------------------------
\90\ Fed. Aviation Admin, Surface Safety Portfolio (Mar. 19, 2025),
available at https://www.faa.gov/surface-safety-portfolio.
\91\ Briefing from FAA to Subcomm. on Aviation Staff, Airport
Surface Detection and Surveillance Systems Timeline & Action Plan (May
16, 2025) (slides on file with Comm.).
\92\ Id.
\93\ Press Release, Fed. Aviation Admin., FAA Launches Final
Initiative of Runway Safety Portfolio (Mar. 19, 2025), available at
https://www.faa.gov/newsroom/faa-launches-final-initiative-runway-
safety-portfolio.
\94\ OBBBA, supra note 18.
---------------------------------------------------------------------------
VIII. GOVERNMENT SHUTDOWN
IMPACT ON THE FAA
Due to a lapse of appropriations from October 1, 2025, to
November 12, 2025, the FAA was forced to close, except to
perform functions to maintain the safety of life and protection
of property, as provided by the Anti-Deficiency Act.\95\
According to the FAA's shutdown plan, the agency had to
furlough more than 11,000 employees. The remaining more than
33,000 were required to work without compensation for the
entire shutdown. Necessary functions that continued during
shutdown included: conducting ATC services, training, and
hiring, maintenance and operations of navigational aids,
inspections and certification activities, accident
investigation support, and activities funded through the One
Big Beautiful Bill Act and IIJA. Activities that ceased during
the duration of the shutdown included: aviation rulemakings,
drug testing of non-safety personnel and routine security
background investigations, continuity of operations and capital
planning, performance analysis, audits and evaluations, most
administrative support functions, and routine public affairs
activities.\96\
---------------------------------------------------------------------------
\95\ 31 U.S. Code Sec. 1342.
\96\ Plans for Operations During a Lapse in Annual Appropriations
by Operating Administration, United States Dep't of Transportation
(2025), available at https://www.transportation.gov/sites/dot.gov/
files/2025-09/DOT_Shutdown_Plan_9.30.25.pdf.
---------------------------------------------------------------------------
AIRSPACE AND SERVICE REDUCTIONS
On November 5, 2025, the DOT and FAA announced a 10 percent
reduction in scheduled capacity at 40 ``High Impact Airports.''
Administrator Bedford stated these actions were a proactive
measure to ensure the safety of the travelling public as the
shutdown continued and cited increased reports on the strain of
the system from pilots and air traffic controllers.\97\ The
emergency order required the reduction of each 14 CFR. part 121
and commuter or scheduled 135 air carriers of their total daily
operations in a phased approach, beginning with four percent by
November 11 and by 10 percent by November 14, 2025.\98\
Carriers were also required to coordinate on selecting flight
reductions, with the Order clarifying that while the Department
of Justice (DOJ) was ``not presently inclined to initiate
antitrust enforcement action against any carrier . . . '' the
DOJ still ``reserved the right to bring an enforcement action
against any conduct that violates the antitrust laws.'' \99\
For general aviation, ATC was permitted to elect to not provide
services if any ATC facility was experiencing a staffing
trigger. Simultaneously, a supplemental NOTAM and amended Order
would eventually restrict general aviation flights into twelve
of the 40 identified airports.\100\ Commercial space launches
were limited to between 10:00 p.m. and 6:00 a.m. local time.
Air carriers are subject to a civil penalty of up to $75,000
for every flight it operated above the limit. Once the shutdown
concluded, the FAA lifted the restrictions in phases, citing
satisfactory controller staffing levels.\101\ The FAA initiated
a compliance investigation, sending letters to air carriers on
December 1, 2025.\102\
---------------------------------------------------------------------------
\97\ Press Release, Fed Aviation Admin., DOT & FAA Announce
Temporary 10% Reduction in Flights at 40 Airports (Sept. 26, 2025),
available at https://www.faa.gov/newsroom/dot-faa-announce-temporary-
10-reduction-flights-40-airports.
\98\ Emergency Order Establishing Operating Limitations on the Use
of Navigable Airspace, 90 Fed. Reg. 50884 (Nov. 3, 2025).
\99\ Id.
\100\ Matt Thurber, Notams Prohibit Nonscheduled Ops at 12 U.S.
Airports, Aviation International News, (Nov. 10, 2025), available at
https://www.ainonline.com/aviation-news/business-aviation/2025-11-10/
faa-notams-prohibit-ga-non-sked-ops-12-airports.
\101\ Marlene Lenthang & Jay Blackman, FAA has lifted emergency
flight reductions used to ease staffing pressure during government
shutdown, NBC News, (Nov. 16, 2025), available at https://
www.nbcnews.com/news/us-news/faa-will-lift-emergency-flight-reductions-
monday-rcna244282.
\102\ Andrew Tangel, FAA Ramps Up Probe on Airlines' Flight
Reductions During Government Shutdown, MSN, (Dec. 2, 2025), available
at https://www.msn.com/en-us/money/other/faa-ramps-up-probe-on-
airlines-flight-reductions-during-government-shutdown/ar-AA1RwaPE.
---------------------------------------------------------------------------
IX. WITNESSES
LThe Honorable Bryan Bedford, Administrator,
Federal Aviation Administration, United States Department of
Transportation
THE STATE OF AMERICAN AVIATION
----------
TUESDAY, DECEMBER 16, 2025
House of Representatives,
Subcommittee on Aviation,
Committee on Transportation and Infrastructure,
Washington, DC.
The subcommittee met, pursuant to call, at 10:05 a.m., in
Room 2167, Rayburn House Office Building, Hon. Troy E. Nehls
(Chairman of the subcommittee) presiding.
Mr. Nehls. The Subcommittee on Aviation will come to order.
I ask unanimous consent that the chairman be authorized to
declare a recess at any time during today's hearing.
Without objection, so ordered.
I also ask unanimous consent that the Members not on the
subcommittee be permitted to sit with the subcommittee at
today's hearing and ask questions. Without objection, so
ordered.
As a reminder, if Members wish to insert a document into
the record, please also email it to DocumentsTI@mail.house.gov.
I recognize myself for the purpose of an opening statement.
OPENING STATEMENT OF HON. TROY E. NEHLS OF TEXAS, CHAIRMAN,
SUBCOMMITTEE ON AVIATION
Mr. Nehls. I would like to start by thanking Administrator
Bedford for being here today in his first congressional hearing
since becoming Administrator of the Federal Aviation
Administration.
Additionally, I would be remiss if I didn't acknowledge the
fatal accident that occurred right here in Washington, DC, on
January 29 of this year that needlessly claimed the lives of 67
souls. And to the families with us here today, my commitment to
you remains steadfast, and I can assure you that this
subcommittee will continue to do everything in its capacity to
make sure a tragedy like this never happens again.
That tragedy reinvigorated everyone in the aviation
industry to come together to identify and address the
deficiencies, the lack of communication and coordination, and
neglect that played a role in this tragedy.
While I eagerly await the results of the NTSB final report
before taking any substantive legislative action, I am
encouraged that there was immediate corrective action taken to
make permanent route changes and helicopter restrictions near
DCA, adjustments to air traffic control staffing and arrival
flow at DCA, and ADS-B Out requirements for most aircraft near
DCA's Class Bravo airspace, to name a few.
In times like those, we are served with a stark reminder
that aviation safety is a journey rather than a destination.
Following that tragedy, the entire aviation industry coalesced
around one phrase: air traffic control modernization.
So, what is the state of American aviation? From my vantage
point, the state of American aviation, it's busy. But busy is
not a bad thing. In this instance, it's a good thing.
With the promise of innovation and modernization around the
corner, there is tremendous excitement around the state of
American aviation. From initiatives to increase the throughput
of air traffic controllers into the workforce to key
rulemakings that will unleash American innovation, the Trump
administration has been busy. While they have a challenging
task ahead of them, they have the support of this subcommittee.
Administrator Bedford, I believe that you are the man for
the job. This task is unprecedented, but you have two documents
that ought to serve as a roadmap. The first is the bipartisan
FAA Reauthorization Act of 2024 that contained numerous
provisions directing the administration to phase out legacy
systems in use across the NAS and operationalize key programs
developed under the NextGen initiative.
The second is the administration's air traffic control
modernization plan, for which Congress appropriated $12.5
billion to carry out radar replacement and a total update of
the FAA's telecommunications infrastructure.
Administrator Bedford, this subcommittee will be conducting
oversight, as we should, of the $12.5 billion to ensure that we
avoid the absolute disaster that was NextGen. The stakes are
too high. We simply cannot afford to get this wrong. We got to
get it right. We owe it to the American people and to every
single American Airlines 5342 family. We owe it to you.
With that, Administrator Bedford, thank you for being here
today. I look forward to hearing from you on the state of
American aviation.
[Mr. Nehls' prepared statement follows:]
Prepared Statement of Hon. Troy E. Nehls of Texas, Chairman,
Subcommittee on Aviation
I'd like to start by thanking Administrator Bedford for being here
today for his first Congressional hearing since becoming Administrator
of the Federal Aviation Administration (FAA).
Additionally, I'd be remiss if I didn't acknowledge the fatal
accident that occurred right here in Washington, D.C. on January 29th
of this year that needlessly claimed the lives of 67 souls. To the
families here with us today, my commitment to you remains steadfast,
and I can assure you that this subcommittee will continue to do
everything in its capacity to make sure a tragedy like this never
happens again.
That tragedy reinvigorated everyone in the aviation industry to
come together to identify and address the deficiencies, lack of
communication and coordination, and neglect that all played a role in
this tragedy.
While I eagerly await the results of the NTSB's final report before
taking any substantive legislative action, I am encouraged that there
was immediate corrective action taken to make permanent route changes
and helicopter restrictions near DCA, adjustments to air traffic
control staffing and arrival flow at DCA, and ADS-B Out requirements
for most aircraft near DCA's Class Bravo Airspace to name a few.
In times like those, we are served with the stark reminder that
aviation safety is a journey rather than a destination. Following that
tragedy, the entire aviation industry coalesced around one phrase:
``air traffic control modernization.'' So, what is the state of
American aviation?
From my vantage point, the state of American aviation is busy. But
busy is not a bad thing. In this instance, it's a good thing. With the
promise of innovation and modernization around the corner, there is
tremendous excitement around the state of American aviation. From
initiatives to increase the throughput of air traffic controllers into
the workforce to key rulemakings that will unleash American innovation,
the Trump Administration has been busy. While they have a challenging
task ahead of them, they have the support of this subcommittee.
Administrator Bedford, I believe that you are the man for the job.
The task is unprecedented, but you have two documents that ought to
serve as a roadmap.
The first is the bipartisan FAA Reauthorization Act of 2024 which
contained numerous provisions directing the Administration to phase out
legacy systems in use across the National Airspace System (NAS) and
operationalize key programs developed under the NextGen initiative.
The second is this Administration's Air Traffic Control
Modernization Plan, for which Congress appropriated $12.5 billion
dollars to carry out radar replacement and a total update of the FAA's
telecommunications infrastructure.
Administrator Bedford, this subcommittee will be conducting
oversight of that $12.5 billion to ensure we avoid the absolute
disaster that was NextGen. The stakes are too high, and we simply can't
afford to get this wrong. We owe it to the American people and to every
single AA 5342 family.
With that, Administrator Bedford, thank you for being here today,
and I look forward to hearing from you on the state of American
aviation.
Mr. Nehls. I now recognize Ranking Member Carson for an
opening statement.
OPENING STATEMENT OF HON. ANDRE CARSON OF INDIANA, RANKING
MEMBER, SUBCOMMITTEE ON AVIATION
Mr. Carson. Thank you, Chairman Nehls.
Thank you, Chairman Graves and Ranking Member Larsen. It's
a tremendous honor to be here for our first FAA oversight
hearing this year in which we actually get to hear from the FAA
itself. It's also a pleasure to welcome our witness, also a
Hoosier, Administrator Bedford, for his first visit to the
subcommittee.
I also would like to recognize, in the spirit of the
chairman, the families of those who perished in the DCA midair
collision who are joining us today. We recognize how difficult
it is for you to be here in the face of such an unimaginable
loss, and we want to express our heartfelt appreciation for you
and the strength and conviction of your advocacy to help make
sure other families don't experience such a devastating loss.
For the subcommittee, safety, of course, is our top
priority. This is why we worked so hard to pass the bipartisan
2024 FAA reauthorization. We collaborated across party lines to
strengthen and expand the aviation workforce, to make our
national airspace safer, and to modernize our navigation and
air traffic control systems to maximize safety and efficiency.
Even prior to this administration, the FAA had a mandate
from Congress to implement our 2024 FAA reauthorization law by
investing resources and concentrated work into aviation safety,
airport infrastructure, the aviation workforce, sustainability,
and consumer protections. We passed the laws, directed the FAA
and the Department of Justice to implement these laws, all of
them, not just the ones people like.
As for recent events, in recognition of aviation safety
importance, I was proud to work with my colleagues on this
committee to introduce the bipartisan Aviation Funding Solvency
Act in response to the longest Government shutdown in history.
If passed, it would pay FAA staff and keep operations running
safely during the Government shutdowns.
Mr. Administrator, I hope you will support our efforts to
pass this bill as soon as possible. This is vitally important,
because the current continuing resolution expires next month,
and we and our aviation workforce should not have to endure
further stressors on the National Airspace System, NAS, that
decrease and increase flight interruptions.
Today is the first hearing with an FAA witness that we have
held this year. Mr. Administrator, we have written you quite a
few oversight letters, but we haven't received much of the
information that we have requested, sir.
So, we have a long list of issues we would like to get
updates on: the FAA's ongoing response to numerous crashes this
year, including the tragic midair collision at DCA and the UPS
crash in Louisville; the rationale used to restrict and reduce
flights at the 40 largest airports in the country during the
recent shutdown, including our very own, the Indianapolis
International Airport, which was rated the best in North
America for 12 years straight; the alarming loss of technical
expertise at FAA due to various administrative actions,
including the mass firings and forced buyouts that have
hollowed out the agency's ranks; the need for more transparency
about the FAA's contracts with clear conflicts of interest;
workplace safety issues for flightcrews; and, finally, the
implementation of the secondary cockpit barriers mandate to
protect the flight deck.
There are other issues and provisions, but I hope that,
after today's first visit to our committee, you won't be a
stranger, sir.
Thank you, Chairman. I yield back.
[Mr. Carson's prepared statement follows:]
Prepared Statement of Hon. Andre Carson of Indiana, Ranking Member,
Subcommittee on Aviation
Good morning. Chairman Nehls, Chairman Graves, and Ranking Member
Larsen, it's an honor to be here for our first oversight hearing this
year in which we actually get to hear from the FAA. And it's also a
pleasure to welcome our witness, a fellow Hoosier, FAA Administrator
Bryan Bedford, for his first visit to the Aviation Subcommittee.
I'd also like to recognize the families of those that perished in
the DCA mid-air collision, who are joining us today. We recognize how
difficult it is for you to be here in the face of such unimaginable
loss, and I want to express my heartfelt appreciation for your
advocacy--and the strength and conviction that mission takes.
For the Aviation Subcommittee, safety is our top priority. This is
why we worked so hard to pass the bipartisan 2024 FAA Reauthorization.
We collaborated across party lines to strengthen and expand the
aviation workforce, to make our national airspace safer, and to
modernize our navigation and air traffic control systems to maximize
safety and efficiency.
Even prior to this Administration, the FAA had a mandate--from
Congress--to implement our 2024 FAA Reauthorization law and further
invest resources and efforts into aviation safety, airport
infrastructure, the aviation workforce, sustainability and consumer
protections. These directives from Congress were and are not optional.
We passed the laws and directed the FAA and the Department of
Transportation to implement those laws as they were agreed to by this
institution. All of them, not just the ones you might like.
As for recent events, in recognition of aviation safety's
importance, I was proud to work with my colleagues on this committee to
introduce the bipartisan Aviation Funding Solvency Act in response to
the longest government shutdown in US history. If passed, it would pay
FAA staff and keep operations running safely during government
shutdowns. Mr. Administrator, I hope you will support our efforts to
pass this bill as soon as possible. This is vitally important because
the current Continuing Resolution expires next month, and we and our
aviation workforce should not have to endure further stressors on the
National Airspace System (NAS) that decrease and increase flight
interruptions.
Today is the first oversight hearing with an FAA witness that we've
held this year. Mr. Administrator, we've written you quite a few
oversight letters, but we haven't received much of the information that
we've requested. So, we have a long list of issues we'd like to get
updates on:
The FAA's ongoing response to the numerous crashes this
year, including the tragic mid-air collision at DCA and the UPS crash
in Louisville;
The rationale used to restrict and reduce flights at the
40 largest airports in the country during the recent shutdown,
including the Indianapolis International Airport, which was rated the
best in North America for 12 straight years;
The alarming loss of technical expertise at FAA due to
various administrative actions, including the mass firings and forced
buyouts that have hollowed out the Agency's ranks;
The need for much more transparency about the FAA's
contracts with clear conflicts of interest;
Workplace safety issues for flight crews--like toxic
fumes on planes, and proposals to reduce the crew sizes on wide-body
aircraft, thus leaving some doors uncrewed in the event of evacuations
and emergencies;
And finally, the foot-dragging and slow implementation of
the secondary cockpit barriers mandate to protect the flight deck, crew
and passengers. I first authored the provisions requiring these safety
devices in the 2018 FAA law, and we are still too far away from full
implementation.
There are many other issues and provisions of the 2024 FAA
Reauthorization law that we want updates to today. We may send you some
of our questions in writing, in the interest of time. But I hope that
after today's first visit to our committee, you won't be a stranger,
and you will stay in touch with us so we can work together to help
American aviation safety and innovation to be a beacon around the
world. I look forward to your testimony this morning, and I yield back.
Mr. Nehls. The gentleman yields.
I now recognize our leader, the chairman of the full
committee, Mr. Graves, for an opening statement.
OPENING STATEMENT OF HON. SAM GRAVES OF MISSOURI, CHAIRMAN,
COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
Mr. Graves. Thank you, Chairman Nehls, and thank you,
Administrator, for being here. It is always, always good to see
you.
It has been an eventful year in aviation, and it started
with tragedy. Our thoughts remain with the loved ones of those
in the DCA midair collision that occurred January 29 this year.
This year, the state of our Nation's air traffic control
system has been thrust into the spotlight, but it is not a new
debate. Our ATC system is outdated and unsustainable, and it
has to be modernized for the benefit and safety of all users of
the National Airspace System.
I am pleased that Congress passed and President Trump
signed the budget reconciliation bill into law, enacting a
historic investment in our Nation's aviation infrastructure
totaling $12.5 billion for air traffic control modernization.
This funding allowed the Federal Aviation Administration to
immediately get to work to replace critical telecommunications
infrastructure and radar systems, invest in runway safety and
airport surveillance projects, and replace antiquated air
traffic control facilities.
I look forward to continuing to work with Administrator
Bedford, Secretary Duffy, and President Trump as we move
forward on ATC modernization.
Furthermore, I am proud that this committee worked in a
very bipartisan fashion to pass FAA reauthorization in 2024.
This bipartisan law addressed workforce challenges, increased
funding for airports across the country, made improvements to
the passenger experience, and included the very first-ever
general aviation title.
Speaking of the general aviation title, I am pleased that
the FAA finalized the Modernization of Special Airworthiness
Certification rule, which expanded the freedom to fly for every
American. This is something that I pushed hard for and required
the FAA to do in last year's FAA reauthorization.
For air traffic controllers, the FAA has exceeded the goals
set by Congress, hiring 2,026 new controllers in 2025. The FAA
has plans to hire 8,900 controllers by 2028.
I remain committed to ensuring that the FAA and the
Department of Transportation work towards full implementation
of the law and carry out what Congress intended.
And, with that, Chairman Nehls, thank you. And I look
forward to hearing the Administrator's testimony.
With that, I yield back.
[Mr. Graves' prepared statement follows:]
Prepared Statement of Hon. Sam Graves of Missouri, Chairman, Committee
on Transportation and Infrastructure
It's been an eventful year in aviation. Unfortunately, it started
with tragedy. Our thoughts remain with the loved ones of those lost in
the DCA mid-air collision that occurred on January 29, 2025.
This year, the state of our nation's air traffic control (ATC)
system has been thrust into the spotlight, but this is not a new
debate. Our ATC system is outdated and unsustainable, and it must be
modernized for the benefit and safety of all users of the National
Airspace System.
I am pleased that Congress passed, and President Trump signed, the
budget reconciliation bill into law, enacting a historic investment in
our nation's aviation infrastructure totaling $12.5 billion for ATC
modernization.
This funding allowed the Federal Aviation Administration (FAA) to
immediately get to work to replace critical telecommunications
infrastructure and radar systems, invest in runway safety and airport
surveillance projects, and replace antiquated air traffic control
facilities.
I look forward to continuing to work with Administrator Bedford,
Secretary Duffy, and President Trump as they move forward on ATC
modernization.
Furthermore, I am proud this committee last year worked in
bipartisan fashion to pass the FAA Reauthorization Act of 2024. This
bipartisan law addressed workforce challenges, increased funding for
airports across the country, made improvements to the passenger
experience, and included the first ever general aviation (GA) title.
And speaking of the general aviation title, I am pleased the FAA
finalized the Modernization of Special Airworthiness Certification
(MOSAIC) rule--expanding the freedom to fly for every American. This is
something that I pushed hard for and required the FAA to do in last
year's FAA Reauthorization Act.
For air traffic controllers, the FAA has exceeded the goals set by
Congress, hiring 2,026 new controllers in 2025. And the FAA has a plan
to hire 8,900 controllers by 2028--1,500 more than the previous
administration.
I remain committed to ensuring that the FAA and the Department of
Transportation (DOT) work towards full implementation and carry out the
law as Congress intended.
Mr. Nehls. The chairman yields.
I now recognize the ranking member of the full committee,
Mr. Larsen.
OPENING STATEMENT OF HON. RICK LARSEN OF WASHINGTON, RANKING
MEMBER, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE
Mr. Larsen of Washington. Thank you, Chair Nehls, and
thanks for calling today's hearing on the state of American
aviation.
And, Administrator Bedford, thanks for joining us today. We
have plenty to discuss, and I look forward to your testimony.
Chairman Nehls, I just want to give you a headsup. I might
be pushing the 5-minute limit on this one, so----
Mr. Nehls. I will give you a little grace.
Mr. Larsen of Washington. Thank you for your grace, sir.
Next month will mark the 1-year anniversary of the DCA
midair collision where a U.S. Army Black Hawk helicopter
collided with American Airlines flight 5342 near DCA. It was
the first mass casualty commercial plane crash in the U.S. in
nearly 16 years and marked the end of one of the longest
streaks without such an incident in U.S. history.
This accident is a stark reminder of the vigilance we need
in pursuit of aviation safety. More can always be done to make
air travel safer.
In the case of the DCA midair collision, we owe it to
victims, to families, and to the flying public to leave no
stone unturned to learn every lesson that we can.
I want to thank the friends and families of the victims who
are here today, including Laura Augendre, Amy Hunter, and
families. Your presence keeps your loved ones' memories alive,
and your advocacy reminds us to stay focused on the endless
pursuit to improve aviation safety.
And, in response to the accident, the DOT and FAA took
several actions at the time to address pressing issues that the
crash exposed, including swiftly banning most nonessential
helicopter operations near DCA, reviewing 21 U.S. airports to
identify risk factors and safety issues similar to those at
DCA, and requiring Federal agencies that conduct aircraft
operations near DCA to broadcast their position using ADS-B
Out.
Hard questions yet remain and still have yet to be asked,
but I look forward to hearing how FAA is developing the new
policies, bolstering safety redundancies, and preparing for the
NTSB's final report and recommendations and evaluating any
systemic issues beyond the purview of the NTSB investigation.
I am committed to this effort and working with Chair
Graves, Chair Nehls, Ranking Member Carson, and this committee
to fully address the NTSB recommendations and hold the FAA
accountable to those recommendations.
Now, the aftermath of the accident also put a spotlight on
the aging air traffic control system, or ATC system.
Modernizing the Nation's ATC system is long overdue. Last year,
the GAO found that of FAA's 138 systems, 105 are unsustainable
or potentially unsustainable. That is why T&I members from both
sides of the aisle did, in fact, support the $12.5 billion
investment in ATC modernization and understand that additional
funding will likely be needed.
But, before any additional investment, the FAA must show
its work and be more transparent about how it is spending this
investment. Although the FAA finally selected a prime
integrator, Peraton, to oversee its modernization efforts,
there are still several questions about next steps. And, as the
administration moves forward, Congress has to ensure this
modernization initiative is data-driven, transparent, and, of
course, safety-focused.
Unfortunately, this is the year, as Chair has noted, that
the NAS has been pushed to unprecedented limits, and the
decrease in employment numbers at FAA and DOT earlier this year
and the administration's early retirement buyouts pushed
safety-critical employees to depart the agency, subsequently
increasing the strain on the personnel who were left behind and
the airspace as a whole.
These actions also resulted in an extraordinary loss of
institutional knowledge and technical expertise from the
agency, making it more difficult for the FAA to meet its safety
mission. And so, I have questions as well about personnel
hiring and safety-critical mission employment.
During the recent shutdown, thousands of air traffic
controllers and critical aviation safety workers were forced to
work long, stressful hours without pay for several weeks, with
many worrying about getting a second job to feed families,
while protecting travelers. Not only did the shutdown create
daily operational disruptions, it also caused long-term stress
and uncertainty for the hard-working women and men of the U.S.
aviation workforce.
The stress of the shutdown was further exacerbated by the
unprecedented safety decision to quickly reduce airline flight
capacity by up to 10 percent at 40 high-traffic airports across
the country. And, while I agree that aviation safety risks in
the NAS had to be addressed immediately, it became apparent
that the decision was made quickly--perhaps it had to be--but
also without adequate coordination with key aviation
stakeholders.
So, consequently, airlines, general aviation, and other
stakeholders had to make big changes to operations with little
to no notice, increasing other risks in the NAS. The
unprecedented nature of the administration's decision to limit
air traffic demands congressional review, and they should have
talked to the Administrator about it.
That's why I, along with several of my Democratic
colleagues on the committee, sent you a letter last month
requesting additional information regarding the data used by
the agency to reduce flight capacity and return such flight
capacity to normal.
And you did transmit a response letter late last night. I
have reviewed it--only reviewed it. I will read it a little
more indepth soon enough. But I hope that you can shed some
more light on that decision today and respond to any followup
questions that we may have in a Member briefing by next month.
So, in conclusion, the appointment of a new Administrator
gives the FAA a chance to provide long-term stability at a time
when it is most needed. And, while the challenges before you
haven't been and won't be easy, this committee does share your
goal of meeting these safety challenges head on.
So, Administrator Bedford, thank you for joining us today,
and I look forward to hearing from you.
With that, I yield back. Thank you, Mr. Chairman.
[Mr. Larsen of Washington's prepared statement follows:]
Prepared Statement of Hon. Rick Larsen of Washington, Ranking Member,
Committee on Transportation and Infrastructure
Thank you, Chairman Nehls, for calling today's hearing on ``The
State of American Aviation.''
Administrator Bedford, thank you for joining us today. We have
plenty to discuss, and I look forward to your testimony.
Next month will mark the one-year anniversary of the DCA mid-air
collision, where a U.S. Army Black Hawk helicopter collided with
American Airlines Flight 5342 near Washington National Airport (DCA),
tragically claiming the lives of all 67 people on board both aircraft.
It was the first mass-casualty commercial plane crash in the U.S.
in nearly 16 years and marked the end of one of the longest streaks
without such an accident in U.S. history.
This accident is a stark reminder of the vigilance needed in our
pursuit of aviation safety. More can always be done to make air travel
safer.
In the case of the DCA mid-air collision, we owe it to the victims,
their families and the flying public to leave no stone unturned and to
learn every lesson we can.
I want to thank the friends and family of the victims here today,
including Laura Augendre, Amy Hunter and their family.
Your presence keeps your loved ones' memories alive, and your
advocacy reminds us to stay focused on the endless pursuit to improve
aviation safety.
In response to the accident, the DOT and FAA took several actions
to address pressing issues, including:
1. Swiftly banning most non-essential helicopter operations near
DCA;
2. Reviewing 21 U.S. airports to identify risk factors and safety
issues similar to those at DCA; and
3. Requiring federal agencies that conduct aircraft operations
near DCA to broadcast their position using ADS-B Out.
Hard questions yet remain and still have yet to be asked.
I look forward to hearing how FAA is developing new policies,
bolstering safety redundancies, preparing for the National
Transportation Safety Board's (NTSB) final report and recommendations
and evaluating any systemic issues beyond the purview of the NTSB
investigation.
I am committed to this effort and working with Chairman Graves,
Chairman Nehls, and Ranking Member Carson to fully address the NTSB
recommendations and hold the FAA accountable to the recommendations.
The aftermath of the accident also put a spotlight on our aging air
traffic control (ATC) system.
Modernizing the nation's ATC system is long overdue.
Last year, the GAO found that of FAA's 138 systems, 105 are
unsustainable or potentially unsustainable.
That's why T&I Members from both sides of the aisle supported the
$12.5 billion investment in ATC modernization and understand that
additional funding will likely be needed.
But before any additional investment, the FAA must `show its work'
and be more transparent about how it's spending this investment.
Although the FAA selected a Prime Integrator, Peraton, to oversee
its modernization efforts, there are still several questions about next
steps.
As the Administration moves forward, Congress has to ensure this
modernization initiative is data driven, transparent and safety-
focused.
Unfortunately, this year, the NAS has been pushed to unprecedented
limits.
Employment at the FAA and DOT decreased due to buyouts and pushed
safety-critical employees to depart the agency, subsequently increasing
the strain on the personnel left behind and the airspace as a whole.
These actions also resulted in an extraordinary loss of
institutional knowledge and technical expertise from the agency, making
it harder for the FAA to meet its safety mission.
During the recent government shutdown thousands of air traffic
controllers and critical aviation safety workers were forced to work
long stressful hours without pay for several weeks, with many worrying
about getting a second job to feed their families while protecting
travelers.
Not only did the shutdown create daily operational disruptions, but
it also caused long-term stress and uncertainty for the hardworking
women and men of the U.S. aviation workforce.
The stress of the shutdown was further exacerbated by the
unprecedented safety decision to quickly reduce airline flight capacity
by up to 10 percent at 40 high traffic airports across the country.
While I agree that aviation safety risks in the NAS had to be
addressed immediately, it has become apparent that the administration
made this decision without adequate coordination with key aviation
stakeholders.
Consequently, airlines, general aviation and other stakeholders had
to make massive changes to their operations with little to no notice,
increasing other risks in the NAS.
The unprecedented nature of the administration's decision to
suddenly and drastically limit air traffic demands congressional
review.
That's why I, along with several of my Democratic colleagues on
this Committee, sent you a letter last month requesting additional
information regarding the data used by the agency to reduce flight
capacity and return such flight capacity to normal.
Administrator Bedford, you transmitted a response letter late last
night. I expect you to shed some light on that decision today and
respond to any followup questions we have in a Member briefing by next
month.
The appointment of a new administrator gives the FAA a chance to
provide long-term stability at a time when it's needed most.
While the challenges before you haven't been and won't be easy,
this Committee shares the FAA's goal of meeting these safety challenges
head on.
Administrator Bedford, thank you for joining us today. I look
forward to hearing from you.
Mr. Nehls. The gentleman yields.
I would like to now welcome our witness, Administrator
Bedford. Thank you for being here. You have a lighting system
in front of you. Five minutes is what we are asking when you
give an opening.
I ask unanimous consent that the witness' full statement be
included in the record, without objection.
I also ask unanimous consent that the record of today's
hearing remain open until such time as our witness has provided
answers to any questions that may be submitted to him in
writing.
Without objection, so ordered.
I also ask unanimous consent that the record remain open
for 15 days for any additional comments and information
submitted by Members or the witness to be included in the
record of today's hearing.
Without objection.
And, as your written testimony has been made part of the
record, the subcommittee asks that you limit your oral remarks
to the 5 minutes.
With that, Administrator Bedford, you are recognized for 5
minutes.
TESTIMONY OF HON. BRYAN BEDFORD, ADMINISTRATOR, FEDERAL
AVIATION ADMINISTRATION, U.S. DEPARTMENT OF TRANSPORTATION
Mr. Bedford. Thank you, Chairman Nehls, Ranking Member
Carson, Chairman Graves, and Ranking Member Larsen.
I want to thank you so much for the opportunity to be here
this morning. It is my first opportunity to appear as the
Administrator of the Federal Aviation Administration, and I do
welcome the opportunity to provide an update for you on the
FAA's work to strengthen aviation safety, to modernize air
traffic control, and prepare for the future.
I would also like to begin by acknowledging the tragic
accident involving PSA flight 5342 at Reagan National. It was a
sobering reminder why the FAA exists and why I answered
President Trump's call and Secretary Duffy to accept this job.
Our mission is simple, but critical: to protect pilots,
flight attendants, and the traveling public by objectively
analyzing safety data to identify risk and urgently act on the
data to mitigate that risk.
As you pointed out, immediately after the accident, the FAA
did take decisive action to permanently restrict nonessential
helicopter operations in the Capital region, permanently close
certain helicopter routes, eliminate visual separation
approaches, and require the broadcast of ADS-B Out signals with
limited exceptions.
Furthermore, we reviewed operational hotspots across the
Nation where we saw mixed traffic environments creating
elevated risk, identified potential threats, and mitigated
those threats. With continued support of the National
Transportation Safety Board's investigations--we worked with
them on the recent UPS MD-11 accident--these investigations
reinforced the importance of constant vigilance and a
willingness to reexamine our processes, our assumptions, and
our oversight.
The FAA remains closely engaged in overseeing how Boeing
manages design, manufacturing, and quality across its programs,
including its production system. I have confidence in the FAA's
workforce performing this oversight, many of whom continued to
carry out critical safety work during the recent shutdown.
The shutdown placed extraordinary strain on the FAA and its
people, air traffic controllers, safety inspectors,
technicians, engineers, and many others who continued to report
to work without pay during the 43-day lapse in appropriations.
I sincerely appreciate their professionalism and dedication to
our safety mission.
Let me be clear. Well before the shutdown, the FAA was
already struggling with the shortage of qualified controllers.
The shutdown exacerbated those challenges. Staffing triggers
reached unprecedented levels, rising from mere single digits
prior to the lapse to more than 80 in a single day.
Applying the hard lessons learned from the DCA accident,
the FAA's safety team identified controller workload and system
demand as emerging risk factors. As a response to this
increased risk, we temporarily reduced flight operations at 40
high-traffic airports. The connection between controller
workload, system demand, and operational risks was
unmistakable. It reinforced the need for the FAA to act
decisively when the data demands it and underscored the
importance of stable controller funding.
Hiring and retaining a strong workforce remains essential
to FAA's safety mission. Under Secretary Duffy's leadership,
the FAA met its fiscal year 2025 hiring goal with adding more
than 2,000 new controller trainees. We remain on track to hire
8,900 additional controller trainees through 2028.
We expanded the enhanced Air Traffic-Collegiate Training
Initiative to nine institutions, and we continue hiring
inspectors and engineers on the spot, offering relocation
incentives to place key personnel in critical locations.
As we grow the workforce, the FAA must also evolve. The
aviation ecosystem is changing rapidly, and the agency must
adapt to keep pace with innovation while maintaining the
highest safety standards.
President Trump's recent Executive orders reinforced the
need for modernization efficiency and innovation across the
FAA. Congress provided a strong foundation through the FAA
Reauthorization Act of 2024. That act directs the FAA to become
more agile, more efficient, and I am pleased to share that
implementation is well underway.
The FAA is also moving toward an agencywide system
management to ensure lessons learned from accidents, incidents,
and near-misses are identified and acted upon consistently
across the agency.
The National Airspace System must be renewed. President
Trump has articulated a bold vision for a new air traffic
control system within the next 3 years. That critical work is
well underway. We recently selected an integrator to assist in
our efforts. We have compressed radar and telecom modernization
into a 3-year timeline, and we have already transitioned more
than one-third of the copper infrastructure to fiber.
We have deployed our first digital radios and voice
switches. The One Big Beautiful Bill provided a historic $12.5
billion downpayment on this critical effort.
The DCA tragedy and the Government shutdown were defining
moments for the FAA this year. They exposed vulnerabilities,
but they also drove action and sharpened our focus.
Today, the FAA is more proactive and more determined than
ever to fulfill its safety mission. We owe the American people
a system that is safe, modern, resilient, and built for the
future. That is the course that we are on, and with continued
support of this committee, we will achieve it.
Thank you, and I look forward to your questions.
[Mr. Bedford's prepared statement follows:]
Prepared Statement of Hon. Bryan Bedford, Administrator, Federal
Aviation Administration, U.S. Department of Transportation
Chairman Nehls, Ranking Member Carson, and members of the
subcommittee, thank you for the opportunity to appear before you today.
This is my first appearance before you as Administrator of the Federal
Aviation Administration, and I am grateful for the opportunity to
discuss the FAA's work to strengthen aviation safety, modernize our air
traffic control system, and prepare the FAA for the challenges and
opportunities ahead. It is a tremendous honor to serve in this role,
and I remain committed to fulfilling its responsibilities to the best
of my ability.
I want to start by acknowledging the tragic accident involving
Flight 5342 at Ronald Reagan Washington National Airport (DCA) earlier
this year. It remains at the forefront of my mind in the work that I
do. It is a sobering reminder of why the FAA exists and was ultimately
the reason why I accepted the call from President Trump and Secretary
Duffy to take this job. Our mission is to ensure safety for pilots,
flight attendants, crew and the traveling public, and we must always
confront risks with urgency, transparency, and action. But to do that,
we need to vigilantly and diligently identify potential risks in our
National Airspace System.
As you know, immediately after the accident, the FAA changed
operations in the National Capital Region--permanently restricting non-
essential helicopter operations, closing certain helicopter routes,
eliminating visual separation approaches, and requiring aircraft to
broadcast ADS-B Out signals, with very limited exceptions. We also
initiated our review of airport ``hot spots'' across the country where
mixed traffic environments may create elevated risk. These assessments
revealed operational patterns in several locations that needed
attention, and we are diligently working to address them.
We continue to work closely with the National Transportation Safety
Board on its ongoing investigations, including its investigation of the
recent accident involving UPS Flight 2976. These tragedies underscore
that safety requires constant vigilance and a willingness to examine
our processes, assumptions, and historic certification structures. I
appreciate this Committee's work to support us in addressing these
matters.
At the same time, we continue to maintain our oversight of
aerospace manufacturers, including Boeing, and how the company manages
design, manufacturing, and quality across its programs. We also
continue to keep a close watch on the production system itself. As a
process-driven leader, I know that disciplined, well-designed processes
consistently result in strong and predictable outcomes. I have
confidence in our oversight of Boeing processes and in the FAA team
leading this important work.
The recent shutdown demonstrated clearly how essential the FAA's
safety mission is to the country. Aviation drives over five percent of
our national economy, supports millions of jobs, and moves people and
goods that keep communities and industries connected and functioning.
The safe and efficient operation of the National Airspace System relies
on a well-staffed, well-trained FAA workforce.
Our employees--air traffic controllers, safety inspectors,
engineers, technicians, and many others--showed extraordinary
dedication during the 43-day lapse in appropriations. Many worked
without pay. Yet even under these circumstances, many continued to
uphold the highest standards of professionalism and showed up to work.
At the same time, it is important to recognize that we entered the
funding lapse already below the staffing levels needed for the reliable
operation of our air traffic control facilities, intensifying the
government shutdown's impact. And as the shutdown progressed, our
operational monitoring tools signaled growing strain.
The FAA observes staffing triggers on a near daily basis throughout
the year, responding with established procedures, such as reducing
traffic when necessary, increasing miles-in-trail separation standards,
implementing ground delay programs, or executing ground stops, as
appropriate. During the shutdown, however, staffing triggers at key
facilities spiked to unprecedented levels--jumping from single digits
to a peak of over 80 in a single day on November 8. Those metrics are
indicators of controller workload and system stress. Reflecting on
lessons learned from the DCA accident we were proactive--closely
monitoring trends, anticipating stress points, and preparing mitigation
measures before conditions became acute. Accordingly, we temporarily
reduced flight operations at 40 major airports.
As the situation unfolded, we were able to actively investigate
emerging constraints, assess risks in near real time, and implement
measures in an orderly manner to relieve some of the pressure on our
controllers and maintain safe operations. The direct correlation
between controller strain, system capacity, and risk reinforced that
the FAA must act urgently and decisively when the data calls for it. It
also underscored the importance of maintaining consistent, long-term
funding for the agency.
Strengthening the workforce remains central to our path forward.
Under Secretary Duffy's leadership, the FAA supercharged air traffic
controller hiring. We met our FY25 hiring goal with 2,026 new
controllers, and we are on track to hire at least 8,900 controllers
through 2028. We have increased training throughput by expanding the
Enhanced Air Traffic-Collegiate Training Initiative program to 9
additional institutions. And on the safety oversight side, we have
expanded hiring for inspectors and engineers using on-the-spot hiring
authority, relocation incentives, and strategic placement in critical
locations. Across all of these efforts, our focus remains on
attracting, developing, and retaining the best and brightest talent.
As we look ahead, it is clear that the FAA must continue to
innovate and evolve. The aviation ecosystem is changing rapidly-
unmanned aircraft, advanced air mobility, more commercial space
launches, and renewed interest in supersonic flight all demand a
regulatory framework that can keep pace with innovation while
maintaining the highest safety standards. President Trump's recent
executive orders reinforce the need for continued modernization and
innovation across the agency.
Congress provided a strong foundation for this work through the FAA
Reauthorization Act of 2024, and we remain committed to its
implementation. The Act directs us to improve regulatory agility,
integrate new entrants more efficiently, and strengthen internal
coordination. Our implementation of these reforms is informed, in part,
by lessons learned from the DCA accident and the need for clearer
accountability and streamlined processes.
In that same spirit, the FAA is implementing a single, agency-wide
Safety Management System (SMS). This unified approach will help the FAA
detect, analyze, and mitigate risk more consistently and ensure that
lessons from accidents, incidents, and near misses are acted upon
quickly and across the agency.
The National Airspace System itself must also be renewed. The
existing systems--radar, communications networks, software systems--are
decades old. President Trump presented a bold vision for a brand-new
air traffic control system within the next three years and our work to
do that is already underway. Our controllers deserve a system they can
rely on and that matches the complexity of today's airspace and the
future of the National Airspace System.
We have selected an Integrator who will oversee this
transformational work. At the same time, we are making advancements in
our modernization efforts. We have taken the FAA's 15-year radar
modernization roadmap and compressed it into a three-year timeline,
establishing an accelerated implementation cadence that is already in
motion. We have transitioned over one-third of our copper wire to
fiber, and have begun modernizing radios, upgrading voice switches, and
improving digital communications, among other critical improvements.
These improvements will enable the Integrator to hit the ground running
to create a more reliable, resilient infrastructure and serve as the
foundation for the future National Airspace System.
The One Big Beautiful Bill provides a historic $12.5 billion down
payment to support this modernization effort. That funding will help us
move faster and smarter, while also strengthening core infrastructure,
and deliver on President Trump's bold vision for the future of American
aviation. But the work ahead remains significant. Success will require
continued collaboration--across the FAA, with our aviation partners,
and with Congress. With this accelerated modernization work already
underway, that collaboration becomes even more essential.
The DCA accident was a defining moment for the FAA and for the
country. It exposed gaps, but it also galvanized action. The recent
shutdown further reminded us of the importance of our aviation
ecosystem. And together, these events have shaped an agency now more
focused, more proactive, and more determined than ever to fulfill its
mission.
We owe the American people a system that is safe, modern,
resilient, and built for the future. That is the course we are on, and
with the support of this Committee, we will deliver it.
Thank you for the opportunity to testify today. I look forward to
your questions.
Mr. Nehls. Thank you, Administrator Bedford, for your
testimony.
We will now turn to questions from the panel. I will
recognize myself for 5 minutes.
Administrator Bedford, the National Defense Authorization
Act, or NDAA, of 2026 includes section 373, which in my opinion
does not improve safety in the DC metropolitan airspace and,
instead, maintains similar operational exceptions that existed
at the time of the tragic midair collision over the Potomac
that claimed 67 innocent lives just 11 months ago.
And, as written, this provision effectively gives the
military very broad, very broad discretion to operate under
concurrent waiver authority without enhanced tracking or
broadcast requirements that could prevent midair conflicts at
the low altitudes.
Administrator Bedford, are you familiar with this language?
And, if you are, do you envision any safety concerns that could
arise if it is enacted as currently written?
Mr. Bedford. Well, thank you for that question, Chairman
Nehls.
I am told it is FAA policy not to comment on legislation
while it is going through the process, and I will try to
respect that. I will advise the committee that normally when
language like this is discussed, it is customary to reach out
to the FAA and ask for a technical consult or some form of
technical advisory. I can tell you that did not happen in this
case.
We learned of section 373, essentially, when everybody else
did last week. But let me be clear. Regardless of what--let me
say this. Let me be clear that our intent is not to go back to
where we were prior to January 29 as long as I am
Administrator, and I believe it is true as long as Secretary
Duffy is Secretary of Transportation.
We are not going to go back into a position of less safe
airspace environment. We will monitor the airspace with
vigilance----
Mr. Nehls [interposing]. Yes.
Mr. Bedford [continuing]. And with safety first.
Mr. Nehls. Well, simply put from me, I do not believe that
the military should be conducting any classified training
missions or check rides up and down the Potomac River in one of
the most congested Class B airspaces in the country. I don't
agree.
Administrator Bedford, given last week's announcement that
Peraton will serve as the prime integrator responsible for
overseeing the administration's air traffic control
modernization plan, what distinct role do you envision Peraton
will be playing, and what guardrails do you have in place to
ensure that they are being held accountable to the deadlines
and efficiency metrics?
Mr. Bedford. Well, again, thank you for that question. I
think it is on everybody's mind on this committee and, frankly,
within the administration, that modernization not turn into
another NextGen boondoggle.
We need to make sure that modernization gets done, gets
done on time, and achieves the results that we have set before
this committee, which is to deploy new technology within the
next 3 years. That is off-the-shelf technology, not some new
technology that may or may not be created over the next several
years.
So Peraton's mission is to assist the FAA, and, frankly, to
lead us in thinking about how to execute modernization when we
get to what I think are extremely challenging issues for us.
That is, migrating from traditional TDMI analog systems into
voice over internet protocol digital architectures.
These are not competencies that the FAA has internally. We
need assistance from people who have done this before. Peraton
brings us that experience.
Mr. Nehls. Fair enough. You mentioned--you talk about the
One Big Beautiful Bill, the $12.5 billion, the downpayment, I
mean, it's laid out there. It is right on the sheet here.
It says $4.75 billion for telecommunications; $3 billion,
radar replacement; $500 million, runway safety technology;
another $80 million for automated weather observation. I mean,
it's all laid out there--$1 billion for the potential with
TRACONs, another $100 million for ARTCCs.
How do you feel that is going? I mean, where are we at with
the $12.5 billion? I mean, how much of it have we spent? I
mean, how are we doing with the $12.5 billion?
Mr. Bedford. Well, just as a way of giving the committee
some insight on how we are thinking about this, we adopted a
mantra of think slow, move fast, understanding what the end
state of modernization needs to look like, and then determining
how best to plot a course to get there, as opposed to just
let's go out and spend money.
So, we have spent the last 4\1/2\ months plotting out what
the end state of the NAS should look like, the National
Airspace System, when modernization is accomplished. And it is
an exciting vision, and I would be happy to get into more
detail with you on that.
But, to directly answer your question, we have committed by
the end of this year over $6 billion of the $12.5 billion. That
is on telecom infrastructure, new radar surveillance systems,
all of which will be deployed over the next 2\1/2\ years.
Mr. Nehls. That is a beautiful thing. When we passed this
One Big Beautiful Bill, I always talk about quarterly reports.
So we passed this in July, and it says, ``No later than 180
days after the date of enactment of this act and every 90 days
after, the Administrator of the FAA shall submit to Congress a
report.'' So, we are talking sometime in January of 2026.
Are you prepared, are you going to be able to come up and
submit a report that says, ``hey, this is where the $12.5
billion is being spent,'' and fulfill your commitment here by
law?
Mr. Bedford. Absolutely.
Mr. Nehls. Good. All right.
With that, Mr. Carson, I yield to you, sir. Thank you,
Administrator Bedford.
Mr. Carson. Thank you, good Chairman.
Mr. Administrator, after the very terrible midair collision
this year of a military helicopter and a passenger plane, many
of us serving on the subcommittee urged restrictions on
military flights around DCA, particularly military training
flights at the height of passenger traffic.
We strongly warned against helicopters flying dark without
transponders. FAA's implementation of some of these
recommendations was a step in the right direction--thank you--
at least until we receive the NTSB report in the coming months.
Now, unfortunately, someone in the Senate didn't agree and
inserted concerning provisions in the NDAA that passed last
week, as you know.
Mr. Administrator, will you commit to our committee, sir,
that FAA will maintain the stronger safety measures put in
place after the crash, sir?
Mr. Bedford. Thank you for that question, Ranking Member
Carson.
The accident at Reagan National on January 29, I think,
shook the FAA to its core. Safety is our foundational mission.
It is what everybody in the agency is focused on every day on
every flight. That is the mission, to complete it safely.
There were gaps that we now see. We can look in the
rearview mirror, and we can see the gaps that existed, things
that tragically had to perfectly line up to enable that crash
to occur. As rare as it is, the fact that it could happen at
all is a hard lesson learned for the agency.
Those gaps have been closed, and they will remain closed as
long as I am the Administrator.
Mr. Carson. Secondly, sir, will you commit to us that you
will use your authority to try and close military exemptions
and loopholes that could increase the risk for another midair
collision?
Mr. Bedford. Well, I think--let me elaborate a little bit
on that.
The military has actually been great partners since the DCA
accident. There is a lot of learning on both sides. And while I
think we always strive for more transparency and more
collaboration, some of this new muscle memory is a bit
unnatural. But I will say that we have had great cooperation
from the Pentagon in terms of how we have enabled new
restrictions in the Capital region airspace.
So I would anticipate that to continue. We are in the
process of renegotiating our memorandum of agreement in terms
of how we continue to operate with those restrictions in the
Capital region, and I expect that to continue.
Mr. Carson. Yes, sir. Mr. Administrator, the administration
opened the now defunct DOGE office to allegedly cut waste and
fraud. But, instead, very important staffing and grant funding
was targeted. Improving airport operations improves aviation
safety; I think we can all agree.
One example was the very shortsighted cancellation of
funding to improve the solar farm at the Indianapolis
International Airport. This facility is the largest of its
kind, very remarkable, and has enjoyed bipartisan support since
it first opened, because it improves the operational efficiency
of the airport's grid and lowers costs, which benefits
passengers and industry.
Mr. Administrator, will you please, sir, provide the
subcommittee with a full list of FAA grants that were
terminated or not disbursed, and, secondly, please provide the
rationale, sir, for the terminations and whether these
decisions can be reviewed for the restoration of funding in the
future.
Mr. Bedford. Well, thank you for the question. I have got
the team back here taking notes. So they will be happy to
revert back to you with any answers I am unable to provide.
It is my understanding that, whenever there is a change in
administration, it is customary for the incoming administration
to evaluate the priorities of the prior administration. I
believe that happened. That is something that has been
consistent in many of the past changes that we have seen.
And, not unlike previous changes, this administration has a
different view of solar and wind and alternative energy
projects. So, while these decisions were taken prior to my
installation as Administrator, my understanding is that all of
the funding programs went sort of through a reevaluation, and
more likely than not, that is the reason that the Indianapolis
program was terminated.
But I am happy to provide you with a reconciliation of
other programs that might have been terminated.
Mr. Carson. That would be a big help. Thank you, sir.
I yield back, Chairman.
Mr. Nehls. The gentleman yields.
I now recognize Mr. Burchett.
Mr. Burchett. Thank you, Mr. Chairman.
Sir, what specific actions has the FAA taken to fully
implement the President's directive for nondiscriminatory
merit-based hiring across all positions?
Mr. Bedford. Well, simply put, sir, the goal today is to
hire the best people, give them the best training and the best
tools, and expect the best results.
Mr. Burchett. I like to say, ``Put the best player in,
Coach,'' so I appreciate that.
Does the administration plan to alter minimum pilot crew
requirements in response to increased automation?
Mr. Bedford. There are no plans today, sir, that I am aware
of to alter the minimum crew complement.
Mr. Burchett. Good. How are you going to ensure that hard-
working Americans don't lose well-paying aviation jobs?
Mr. Bedford. Well, sir, I can tell you President Trump's
Executive orders lay out a fantastic opportunity for innovation
in the aviation space. Whether that is unleashing drone
dominance, reasserting supersonic air travel, potential or
advanced air mobility through our eIPP programs. I mean, we
have a wonderful opportunity to onshore innovative
technologies.
And, frankly, these are technologies that were, in fact,
invented here, but we have to create a regulatory architecture
that will enable them to deploy cost effectively and maintain
safety within the National Airspace System.
Mr. Burchett. What I am afraid with these Executive orders,
though, maybe not so much in this committee, but some of the
others--I have seen Congress is pretty gutless to codify those.
We have got about 20 or so that are in bill form that won't
even receive a peep, because we don't have the guts to do what
President Trump has really been giving a mandate to do.
Will automation eliminate cargo carrier pilot jobs?
Mr. Bedford. I am sorry?
Mr. Burchett. I said, will automation eliminate cargo
carrier pilot jobs?
Mr. Bedford. I don't think automation will eliminate jobs.
I think automation will increase opportunity, especially if we
think about delivery service convenience to small communities
or even within cities. We are today using drone deployment in
the Dallas-Fort Worth area.
We have almost 2,000 drone operations today doing small-
package delivery, medicines, things that are making it more
convenient for consumers to get vital medications that they
need. These are not taking jobs away. These are simply adding
more convenience for American consumers.
Mr. Burchett. Thank you. It seems crazy to me that the U.S.
has more relaxed requirements for foreign repair stations than
at home.
Should countries like China have stricter inspection
requirements?
Mr. Bedford. Well, I understand the concern over foreign
inspection repair services. I think our answer to that should
be more workforce development, because what we are struggling
with here, sir, is a difficulty developing maintenance
technicians and encouraging that profession.
There is, I think, a strong desire for American aviation to
have that ecosystem here in the United States than it is to
seek----
Mr. Burchett [interrupting]. I agree with you. I think it
is the education snobs that have told America that we are not
going to do these things anymore. And, I mean, honestly, you
are not going to send a clogged toilet to Mexico. We got to
have folks here who have a degree in technological adult
education. We would call that shop back in the day. But
everybody I graduated with has a job, is training people in the
trades, and it is just----
Mr. Bedford [interrupting]. These are wonderful high-paying
jobs, and we need more of them here.
Mr. Burchett. I think maybe we need to get out of some of
these skyboxes at these ball games as legislators and start
figuring out what the heck is going wrong in the system.
Do you think tougher foreign----
Mr. Bedford [interrupting]. If I could, I think we need to
challenge our aviation partners, our commercial airlines to be
more focused on workforce development as well.
Mr. Burchett. I agree with that. My mama flew an airplane
during the Second World War. She lost her brother fighting the
Nazis, and Daddy was off fighting the Japanese in the Marine
Corps in the Pacific. And she's a 17-year-old little girl,
didn't have electricity until she was a senior in high school.
She's flying a dadgum airplane. When I was 17, I was trying to
figure out how to turn on a microwave oven. So, I appreciate
that.
Would tougher foreign requirements bring back maintenance
work to U.S. shops and help protect American jobs?
Mr. Bedford. I am not sure I heard that.
Mr. Burchett. Would tougher foreign requirements bring back
maintenance work to the U.S. shops and help protect American
jobs?
Mr. Bedford. So, our surveillance is actually on the
airlines themselves. So, our requirement is, wherever they
source maintenance, it has to meet our technical specifications
and our maintenance oversight.
So, our accountability resides with the commercial airlines
who are making those decisions. But, again, I do believe, if we
could build out better infrastructure here, our commercial
airline users would take advantage of it.
Mr. Burchett. Is the administration providing regulatory
relief to domestic repair stations?
Mr. Bedford. I apologize. I am having a very difficult
time.
Mr. Burchett. I am sorry. It's my accent. I am from east
Tennessee. It's the only place in America where people don't
speak with an accent. So, I forgive you for that.
[Laughter.]
Mr. Burchett. Is the--thank you for the laughter.
Is the administration providing regulatory relief to
domestic repair stations?
Mr. Bedford. I am not aware of the answer to that, sir.
Mr. Burchett. Thank you, Mr. Chairman. I went over. I
apologize. Thank you, Brother.
Mr. Nehls. You bet. The gentleman yields.
I now recognize the ranking member, Mr. Larsen.
Mr. Larsen of Washington. Thank you. Thank you, Mr. Chair.
First off, Administrator, I mentioned this to you last
night. I just wanted to have you give me an update on the
status of the Notice of Funding Opportunity for aviation
workforce development grants. The administration has yet to
issue NOFOs for the 2025 grants.
Representative Strickland and I wrote a letter to you all
about this. Do you have an update for me?
Mr. Bedford. Yes, sir. I do think this is an area where we
are a little tardy. We need to pick up our tempo on how to get
these NOFOs out and funded.
Like I was referring to Ranking Member Carson's question,
any time we have a change in administration, it is normal to,
sort of, recalibrate what the conditionality of different grant
programs are. We did go through that recalibration, as I
understand it, and are now getting the NOFOs out with the
intention of funding them as quickly as possible.
Mr. Larsen of Washington. We will continue to push you on
that. Even though Mr. Burchett has left, these particular
grants are being used to great effect in my district at repair
stations to train the next-generation workforce. So, please do
that.
On the next question I have--and I am just going to run
through these quickly. It is my understanding the FAA and TSA--
sorry. This is on BVLOS now. Sorry. Change of subject.
On FAA and TSA, that you have planned to issue separate
BVLOS rules. Can you confirm that the FAA and TSA are still
going to do that and give us an updated timeline for the FAA's
review of comments for its BVLOS rule?
Mr. Bedford. Yes. Thank you for the question on BVLOS. I
think this is an exciting time in aviation. We have created an
ecosystem where we can have drone operations work safely within
the NAS deconflicted from the start.
We have worked hard across our Government institutions with
the TSA, and particularly trying to find a compromise between
unleashing drone dominance, but also making sure that we are
maintaining the highest levels of drone safety.
We received 3,000 comments back from our notice of proposed
rulemaking, I think good comments. We are going to sit down
with industry and have a session, I think in the next 2 weeks,
where we are going to try to make sure that we can find a rule
that meets everybody's needs, especially as it relates to
certification of drones, and how those--going from, sort of,
prescriptive criteria to more performance-based metrics.
Again, we would like to create a rule that allows the FAA
to sort of monitor but not be the bottleneck in terms of how we
unleash drone opportunities across the country.
I can't speak for the TSA. There were certainly some fairly
heavy comments that came back as it relates to the amount of
training or security protocols that potential handlers of the
boxes that might be. So you can imagine organizations like
Walmart are concerned about how much training and security
demands are there.
But I am hopeful that we will get a rule both from us and
the TSA that will enable us to deploy drones across the
country.
Mr. Larsen of Washington. On that point, I don't need a
comment. I think I am going to send you a letter regarding my
concerns about the counter-UAS provisions in the DoD bill and
how they run counter to our counter-UAS provisions that we have
in our bipartisan tricommittee bill, and we will hopefully get
some feedback from you on that.
On air traffic control numbers, the number you gave us in
the testimony, is that a net number over time? I am presuming
there will be people who are retiring, as well, as you are
hiring.
So, is your 8,000-plus a net number, or is that a number of
hires that you haven't factored in the number of retirements?
Mr. Bedford. So, as I said in my oral testimony, we have
hired over 2,000 trainees this year, and the intent is to hire
somewhere between 2,200 and 2,500 trainees in this fiscal year.
And so, the 8,900 is a total over 4 years.
Mr. Larsen of Washington. Of hirees, but how about, is that
a net number of----
Mr. Bedford [interrupting]. Well, that is the challenge. We
still see a lot of retirements. We see folks who, frankly,
can't take the pace of the work. We have a retention issue
within our controller workforce.
I think, whether this is the appropriate hearing to talk
for it, I could spend quite a bit of time talking to you about
workforce development as it relates to controllers, how we
train them, and how we deploy them.
Mr. Larsen of Washington. And then, finally, thanks for
your letter. We are going to review that letter with regards to
the flight capacity reductions.
I do think we may have to have a separate time to walk
through both the decisionmaking process you went through, and I
understand the urgency of it, of the moment, but are there
lessons that we have learned from doing that in the event
something like this, maybe a shutdown, maybe something more
tragic happens in the airspace in the future? But how the FAA
will go forward in looking at flight capacity reductions in the
event of some external factor that forces that?
And I think that is probably a lot what we are looking for
in terms of the letters, some lessons learned and where we can
go from there. And so, your letter is a good, I think, basis to
start to get the answers, but probably not where we--probably
not where I certainly wanted you to go. So, we will need some
followup on that in the future.
Mr. Bedford. Yes. I would like to applaud the safety
professionals at the FAA. They did good work bringing us
forward. It was not a popular decision.
There are clearly lessons learned where I think we can be
even more proactive than how we responded to this threat.
Mr. Larsen of Washington. Thank you. And I want to thank
the chairman for his focus, as well, on modernization oversight
and will look forward to that as well. Thank you.
Mr. Nehls. Thank you, sir.
I now recognize Mr. Stauber, 5 minutes.
Mr. Stauber. Thank you.
Administrator Bedford, it is great to see you. I first want
to thank you and Secretary Duffy for the investment in the
third oldest air traffic control tower in this Nation at the
Duluth International Airport. I am extremely excited to see
that get built.
It is going to help not only general aviation, commercial
aviation, but we also have the 148th Fighter Wing, the F-16
group out of Duluth, that is a tremendous asset to our Nation,
national security, and our community. So, first off, thank you
for that.
In December of 2023, the FAA recognized the need to reform
its current mental health policies and established the Mental
Health and Aviation Medical Clearances Aviation Rulemaking
Committee, or ARC, to identify barriers to mental healthcare
for aviators and present recommendations to the FAA to address
these challenges.
The implementation of these recommendations was directed in
section 411 of the FAA reauthorization bill that we passed last
year. Unfortunately, there was no required timeline for
implementation, which is why I have introduced legislation,
along with Congressman Casten from Illinois, the Mental Health
in Aviation Act, to ensure the timely implementation of section
411. The bill also provides additional resources to recruit and
train more aviation medical examiners.
And I am grateful that this bill has passed the House and
now awaits consideration in the Senate. Until such time as the
bill is enacted into law, could you share what steps the FAA
has taken thus far to handle the backlog of medical
certifications?
Mr. Bedford. Yes, sir, I can. Thank you for the question. I
am going to do a quick shoutout to Secretary Duffy here for
unlocking your air traffic control tower resources and also put
down a marker, because everybody in this committee, I am sure,
has similar concerns with the obsolescence and the age of their
facilities. They are woefully inadequate, terribly
unsustainable.
Mr. Stauber. Agreed.
Mr. Bedford. And we do need additional funding to address
it more comprehensively.
As it relates to your question on medical certifications, I
am pleased to report that, over the last 5 months, we have
reduced the backlog of medical certifications. We had over
5,000 individuals waiting longer than 6 months to have their
cases adjudicated and their medical certifications restored.
We've reduced that number to under 300. So, we have made great
progress moving the backlog around.
As a pilot, I understand, these are vocational requirements
that, in order to keep our pilots certified to fly, we need to
be more responsive. We have new technology that we are
hopefully bringing to market in the first half of next year
that will provide more clarity in terms of how we communicate
and make the ease of medical certification--I will call them
exceptions--make those disputes more easy to adjudicate and
work through the process with more clarity for both the user,
as well as for our medical team.
But I do want to recognize just the heroic work that the
staff in AV medical has done in order to be responsive. More
work to do, for sure. Mental health, again, we met with the APA
last week. I think they are pleased at the progress we are
making in terms of identifying medications that can now be used
without creating stigma.
Mr. Stauber. That is extremely important, because we know
that one in four of us as adults are going to experience a
mental health crisis in our life. We should be--when the pilots
come in for help, that is a sign of strength, as you know, Mr.
Bedford.
So, we want them to get the help they need. It is going to
help safety in the skies. It is going to help the pilot, him or
herself, and it is going to help their families. That is why
that is important, so I appreciate moving forward on that.
The last question is, the FAA recently proposed a rule on
beyond visual line of sight drone operations. In the proposal
of right-of-way rules, could you clarify whether the FAA has
identified any potential safety concerns with the provisions
that give unmanned aircraft right-of-way over manned aircraft?
And just that last part of that sentence, unmanned aircraft
right-of-way over manned aircraft.
I know it is a proposal. Can you tell us a little bit about
that decisionmaking and why?
Mr. Bedford. Yes, sir, I can. I think the BVLOS rule in and
of itself is one of the more impactful things we have done this
year to respond to the President's Executive order to unleash
drone dominance.
If you understand how--and I am sure you do understand how
airplanes are separated. What we created, essentially, was a
corridor where drones can operate safely, where they are
essentially deconflicted from air traffic.
You can imagine, if we make drones actually transpond, it
adds weight and reduces their performance capabilities.
However, we can make drones recognize aircraft that are
transponding and take evasive action.
So, in terms of right-of-way, essentially anything under
400 feet, drones do have right-of-way. Frankly, airplanes
aren't supposed to fly below 1,000 feet unless they are on an
approach to a runway.
There are exceptions, however, crop dusting, for example.
Those are where potential conflicts exist, and those are the
things where we are looking perhaps for some nuance to the
current rulemaking process.
Mr. Stauber. Thank you very much. I see my time is up.
And I yield back, Mr. Chair.
Mr. Nehls. The gentleman yields.
I now recognize Ms. Scholten for 5 minutes.
Ms. Scholten. Thank you, Chairman Nehls, Ranking Member
Carson, for putting together such an important hearing.
Welcome, Administrator Bedford. We are so excited to
welcome you to this post and would love to invite you out to my
district at some point to see some of our FAA assets that we
have out there.
Before we get to that, Americans are still reeling from the
President's historically long Government shutdown, second only
to the last shutdown that occurred during his first term. The
pain of this shutdown was felt keenly by the traveling public
and hard-working aviation professionals.
Unfortunately, not only did our air traffic controllers
miss paychecks, but Secretary Duffy threatened to fire air
traffic controllers for calling in sick, and the President
toyed with the idea of holding backpay to Federal employees,
including air traffic controllers.
We all know that we have to boost air traffic controller
recruitment to rightsize the workforce, but I am concerned
about how poor morale will hinder these efforts. And I am
wondering how you might continue to work with this committee to
ensure that towers are properly staffed.
I have a very specific question for you. I am not asking
you to opine directly on whether those actions were right or
wrong by the Secretary or the President, but do you have
concerns about how Secretary Duffy or President Trump's
comments might impact air traffic controller recruitment
efforts specifically?
Mr. Bedford. Well, thank you for the question. Without
opining one way or the other, I can tell you that the FAA will
work better if Government continues to be funded. So, if I
could encourage--you didn't ask--you did ask my opinion. So, I
will share it.
If you ask me the default position for, if you don't like
the current budget, should be the current budget just
continues, right? And we----
Ms. Scholten [interrupting]. And I agree with that. But,
specifically, I am asking whether you think the threats from
Secretary Duffy or the President will impact the FAA's ability
to recruit and have impact on the morale of air traffic
controllers?
Mr. Bedford. So, as I said in my opening remarks, the FAA
was short-handed prior to the lapse in funding. No one can
argue that the lapse in funding was anything other than painful
for those Federal workers who were called to work without pay
during what turned out to be the longest 6-week shutdown in
history.
I don't think anybody is happy about that. Nobody wants to
see it happen again, but we do have an obligation to come to
work. That is part of the obligation we take as Federal
workers. I worked without pay for 6 months. Nobody enjoys
that--sorry, 6 weeks.
Ms. Scholten. Felt like 6 months.
Mr. Bedford. And it is illegal for our controllers to have
a job action. We saw two facilities at the very end of the
lapse where we had ATC-Zero, because none of the controllers
showed up for work.
So, we do have to ask some tough questions about, was that
a job action? If it was, that's not tolerable. So, I think
there is an accountability. But overall, yes, culturally it's
difficult to get the kind of engagement that we want when we
can't pay people to come to work.
Ms. Scholten. Absolutely. But, specifically, about the
threats to fire people, if they are sick--I mean, people get
sick during a Government shutdown--threatening to fire them and
making people afraid, forcing them to potentially come to work
when they are under the weather, do you think that has an
impact on morale?
Mr. Bedford. I think that is a mischaracterization of what
the Secretary was referring to. When we see facilities that go
ATC-Zero staffing----
Ms. Scholten [interrupting]. I think he specifically
threatened to fire people if they did take sick time, and the
President also threatened to withhold backpay.
The question here is whether you think that has an impact
on morale. I have certainly heard from air traffic controllers
directly that it has, and I am curious if that has risen to
your level.
I know that you share our concerns about making sure we
want to reach the appropriate levels of staffing. This is truly
a matter of public safety.
Mr. Bedford. So, clearly, the FAA culture needs a reset.
And one of the ways we can do that is talk about how can we
support our people, hire the right people, hire the best
people, give them the best training, give them the best tools.
And that is what we are focused on doing right now. We are
moving into the future. I think it is bright. But, look, we
have to perform as a management team, and as leadership, we
have to deliver on the vision.
Ms. Scholten. Absolutely. Absolutely. And we are willing to
work with you there on all fronts. I agree that Government
shutdowns are disastrous. We are going to work and do
everything we can here to avoid them in the future, but we also
ask for your partnership in doing everything we can to boost
that morale and make sure that people feel safe in their
workplace as well.
Before we go--and my time is running out--I do want to
reiterate our invitation to have you come out to the district.
We have a wonderful air traffic control tower that is in
desperate need of replacement, Gerald R. Ford International
Airport. Would love to talk with you about making sure that we
can keep this on track. It has been a number one and number two
priority for the FAA.
Can the FAA commit to providing GRR with prompt information
so it can proceed with construction procurement about the
status of the air traffic control tower there at GRR?
Mr. Bedford. I am going to be perfectly honest with you: We
need funding. We need more investment across the National
Airspace System. So, you are not alone.
I have family in Grand Rapids. My dad's family is from
there. My mom's family is from there.
Ms. Scholten. Fantastic.
Mr. Bedford. I would love to give Senator Peters his tower
before he leaves. We need funding. If you can help us out on
funding, we will get it done.
Ms. Scholten. We do. We do. Well, we invite you to Grand
Rapids. We will get Senator Peters out there as well. We can
all get lunch.
Thank you. Thank you so much for what you do and your
service to this country.
Mr. Bedford. Thank you, ma'am.
Mr. Nehls. Thank you. And, for the record, a Republican on
the Senate side wanted to pay the ATCs, pay all the air traffic
controllers, pay all the Federal employees, and it was rejected
by the Democrats, just for the record.
I now recognize Mr. Tracey Mann for 5 minutes.
Mr. Mann. Thank you, Mr. Chairman, and Administrator
Bedford, thank you for being here today.
I represent the Big First district of Kansas. Aviation is a
critical industry in my State with roughly 100 general aviation
airports, several commercial and regional airports, and a huge
footprint in aviation and aerospace manufacturing, as you are
well aware.
The FAA Reauthorization Act that we passed included
critical provisions to ensure that our aviation industries are
able to improve services, bolster the workforce, and promote
American innovation. And I am grateful that we are well on our
way to fixing the problems of the past FAA under your
leadership.
I really appreciate the progress that has been made and
that we are wasting no time in getting to a better place.
Just a handful of questions. As mentioned before, the
aviation and aerospace industry is incredibly important to
Kansas, and I want to ensure that we have a robust and
technically skilled workforce for both the FAA and the
industry.
Can you provide an update on the agency's efforts to
maintain and grow a strong technical workforce and provide
safety oversight to an industry that is driving innovation and
technology? Where are we at on workforce?
Mr. Bedford. Well, if I am being perfectly honest, sir, I
think we are behind. I think there is a lot more work that
needs to be done, and, frankly, work that can be done. We need
to celebrate our community colleges across the country. We need
to invest in them.
We are doing that with our collegiate air traffic control
training program. We are giving them the resources, automation
technologies, simulation technologies, and they are going to be
a critical partner in building the workforce of the future for
us. And we need to do that with maintenance technical training,
pilot dispatch training.
I mean, there are so many things that we need to celebrate
in getting our young people interested in careers in aviation.
In my prior life, I spent the last 10 years building one of
the largest training infrastructures in the country, because we
couldn't solve the problems--no offense--counting on Congress
to fix it for us. They are, frankly, counting on the FAA to fix
it for us.
So, industry also has to own this. Industry also needs to
invest in the workforce of the future, and I think we can
partner with them, whether that is through legislation and
funding or just through our bully pulpit, and making sure it is
in their own self-interest that they realize they have to work
with us and invest some of their profits in building the
workforce of the future.
Mr. Mann. I agree. Next question, change topics a little
bit.
The FAA contract tower program provides ATC safety and
efficiency benefits at 265 airports across the country,
including 8 in Kansas.
The FAA Reauthorization Act of 2024 included a provision
for the FAA and the Department of Labor to update long overdue
wage determinations for contract controllers and create a new
wage determination category or occupation code for air traffic
managers at contract towers.
Just like Federal controllers and managers, we need to
ensure that our contract controllers and managers receive
appropriate compensation for the important ATC services that
they provide for the national airspace.
Can you give us an update on the status of this provision
and when we can expect the wage determinations to be completed
and the new category for air traffic managers to be
established?
Mr. Bedford. Well, honestly, no, sir, I can't give you a
specific answer to the question.
But what I can tell you is I have been to a number of our
contract towers. I utilize them in my own private pilot flying,
so Anderson, Indiana, and Muncie, Indiana, are both contract
towers, and, frankly, they are a tremendous resource,
especially for our young pilots who are in training to be able
to get the experience to have that interaction communicating
with tower.
We have contracts, of course. I think we can do a better
job as FAA of managing the accountability of the vendors that
we hire to make sure that they have the staff. I can tell you,
through our collegiate training programs, we have now made
those resources available to go into the contract tower
environment, and we have seen several hundred of those trainees
move into the contract tower environment.
So--and, of course, the final element is, we are actually
looking at several of the higher demand contract towers to move
them into our Federal tower program.
So, there is a lot going on there. I know more work needs
to be done. The work gets done; it's important. We will get it
where it needs to be.
Mr. Mann. Great. Well, we will follow up with your office
on kind of the timing and when we might expect something there.
And lastly, the next 20 years, what I have seen is global
demand is expected to require over 40,000 new aircraft to be
produced. Can you talk a little bit about the importance for
our economy in the U.S. and for safety in general for the
industry to get these new aircraft into the hands of the
airlines here and also around the world?
Mr. Bedford. Wow, that is a big question. I don't think I
can answer that in 15 seconds. I will tell you this. As an
agency, we can do better helping manufacturing get where they
need to be faster, more efficient, better design. We don't have
to be a bottleneck in the process, but we need to collaborate
more.
And some people will hear collaboration and they will
think, oh, wait a second, the FAA is going to get in the back
pocket of industry. That's not it at all. We need to lead
industry to get to higher levels of quality and safety in the
design process, as opposed to let them bring us things and then
we tell them no. So, I do think we can collaborate better. We
want Boeing to build that next generation aircraft here in the
United States.
Mr. Mann. Full agreement.
Thank you, Mr. Chairman. I yield back.
Mr. Nehls. You bet. The gentleman yields.
I now recognize Mr. Johnson.
Mr. Johnson of Georgia. Thank you, Mr. Chairman and Ranking
Member Carson, for convening this hearing.
And welcome to this subcommittee, Administrator Bedford.
I have been asking these questions since the start of this
administration: When will our towers be fully staffed? When
will we stop pushing out the professionals who keep planes in
the sky and passengers safe? And when will we stop being
stretched to the breaking point?
Now, Administrator Bedford, the FAA has tasked a company
known as Peraton, which is a privately held for-profit national
security and technology company founded in 2017. The FAA has
tasked this new company, which has little or no FAA experience,
to oversee a $31.5 billion overhaul of our air traffic control
system. And earlier--and I should point out that Peraton,
founded in 2017, is owned by a private equity firm, Veritas
Capital, which ranks 46th in the Private Equity International's
PEI 300 ranking of the world's largest private equity firms.
So, Peraton is owned by Veritas, the 46th biggest private
equity company in the world. And Congress has approved a $12.5
billion downpayment to this company, although the total amount
to be allocated and spent with--taxpayer money to be spent with
Peraton--the total amount has not been decided yet. So pretty
much the taxpayer pocketbook is wide open for this private
equity firm.
I don't have a lot of confidence in this working out for
the American people. This administration is packed with
billionaires, 12 billionaires at the highest echelons of this
administration. And while the American people recognize that
life is getting more expensive, these 12 billionaires and the
one who leads them at the top are telling the people that, hey,
don't believe your lying eyes. Your costs are not going up. We
are having a great time here. This is a wonderful time.
The American people see these billionaires getting richer
and richer while they are getting poorer and poorer. And I
don't have a lot of confidence that this $31.5 billion overhaul
of our air traffic control system being overseen by a private
equity firm is in the best interest of the American people.
This side, the legislative branch doesn't even know or care
about how Peraton was chosen over a company, Parsons
Corporation, that has extensive experience working with the
FAA, how Peraton came to get this contract over a company like
Parsons. It seems like a pay-to-play situation, which is in
keeping with everything else we know about this administration.
Given that air traffic controllers are already stretched
thin and that technical failures earlier this year caused
massive flight disruptions, how is the FAA ensuring that
outsourcing this massive modernization project to a largely
untested contractor will not put safety at risk, create further
delays, or overburden your already overworked workforce?
Mr. Bedford. Well, thank you, Congressman Johnson, for that
question.
Mr. Johnson of Georgia. And before you answer, let me just
say to the families of those who perished, those 67 souls who
perished in this aircraft disaster, that our hearts are with
you during this holiday period where it is tough, the first
holiday period without these 67 souls. And thank you for being
here.
Yes, sir.
Mr. Bedford. With the chairman's indulgence?
Mr. Nehls. You can answer the question.
Mr. Bedford. Thank you.
Well, you put a lot into that question, so thank you for
that. Let me try to take it in the order that you gave it.
First, when will we get our towers fully staffed? The
honest answer, sir, is if we continue with business as usual,
never. We will never catch up. The system is designed to be
chronically understaffed, and I can break that out for you in
more detail later.
You asked about Peraton and a $31.5 billion investment.
Thank you for that. While we have not asked for the additional
$20 billion, I believe the Secretary will be on the Hill
tomorrow with that ask, so thank you in advance for the
support.
Peraton specifically has an expertise working with the
Department of Defense and with NASA doing exactly what the FAA
does not have in-house expertise on, and that is moving from
our antiquated TDMI analog systems to digital VoIP and also
dealing in native cloud structure applications. They put the
entire DoD in the cloud, cybersecured cloud. Parsons did not
have that experience.
Parsons has been a great partner to the FAA. I believe we
will continue to use Parsons as part of our implementation
partner on modernization, but Peraton brought a competency that
is relevant to what we need. Had nothing to do with who they
knew. The President did not interfere, nor did the Secretary,
in the selection process. It was transparent. It was diligent.
It was run by both career FAA people. A recommendation came to
me. I took that to the Secretary. The Secretary and I presented
it to the President. The President sharpened the pencil by
demanding a $200 million reduction in the fee cost, which was
remarkable to witness.
So, say what you will----
Mr. Johnson of Georgia [interrupting]. Just out of thin
air.
Mr. Bedford [continuing]. But the man is effective at what
he does, and I think the taxpayers benefit.
Mr. Johnson of Georgia. So, no rhyme or reason to it.
Mr. Bedford. But having said all of that, you asked another
specific question: What is Peraton's role? It is to work with
the FAA. We are not outsourcing the project. I am the ultimate
accountability officer here, and I am prepared to give you as
much transparency and accountability as you desire, sir.
And the process is underway, and I can talk to you about
the successes that we are already seeing at the agency rolling
out modernization as we move from--I mean, we have already
converted 35 percent of the old copper to fiber. We are rolling
out the first digital voice switches and digital radios. I
mean, we are moving. We have taken the bill. We have deployed
over $6 billion of it. We are getting it done.
Mr. Nehls. Thank you, Mr. Bedford.
I now recognize Mr. Owens for 5 minutes.
Mr. Owens. Thank you, Mr. Chairman and Ranking Member.
I just want to start off by saying thank you for that very
clarifying statement and answer. It is obvious that you are the
expert and we are not up here, so, appreciate the information,
the understanding that we are now going to have as we move
forward.
We have long prided ourselves on the safest airspace
anywhere. In January, a midair tragedy near DCA claimed 67
lives, and the uptick in runway incursions have exposed
vulnerabilities we cannot ignore. The 2024 reauthorization
provided the FAA with a clear roadmap, and the American people
placed their confidence in President Trump and his
administration to implement it.
Folks back home rely on air travel every day and are
feeling strained from near-misses and disruptions during the
recent shutdown. Though progress being made throughout the year
in airports large and small is encouraging, we need assurances
the momentum is accelerating, not stalling. The $500 million we
directed specifically for runways, safety tech, lighting, and
surveillance in the reconciliation bill represents a serious
commitment. We are equipping the FAA to reinforce the gold
standard we should expect from ourselves. Now is the time for
results to prevent another heartbreak for American families.
Administrator Bedford, this is your first time testifying
before us. I am interested in your assessment. How are you
ensuring that these tools are being deployed effectively,
addressing the NTSB recommendations from the Potomac incident
and integrating lessons learned across mixed-traffic airports
everywhere?
Mr. Bedford. Well, thank you for the question, Congressman
Owens.
I think it is one of the worst kept secrets in Government
that the facilities that the FAA operates in today are grossly
archaic, obsolete, and relatively unsustainable. Of the $4
billion a year that Congress generously gives the FAA to,
quote, ``modernize its systems,'' over almost 90 percent,
certainly over 85 percent of that budget goes simply to
sustainment. Literally, we are putting lipstick on a pig.
So, I spent my first 100 days on board out in the field
talking to our frontline workforce, seeing the facilities
firsthand, literally from New Jersey all the way out to
Quinhagak, Alaska, a mile off the Bering Sea. We have work to
do, important work, hard work. It is going to take investment
to get it done.
I was in Chicago, I don't know, maybe a month ago. We have
multiple ASDE-X surface runway radars there. Only one of them
was functioning, and it was one broken part away from being
unusable. That is not acceptable. So, the allocation of funds
in One Big Beautiful Bill to improve our surface runway
awareness technology, you can rest assured we are deploying
that. We are investing that money, and we are going to deploy
that technology just as soon as the supply chain will allow.
Mr. Owens. Thank you for that. We appreciate your recent
efforts to address our workforce needs across the aviation
sector, particularly air traffic control. While much of the
focus to date has been on bringing on new frontline controllers
into the system, there have been limited discussions that we
have heard so far by strengthening the pipeline of our air
traffic supervisors and managers. With so many experienced
leaders approaching retirement, can you share with us any plans
the FAA has regarding addressing the workforce pipeline needs
of the Air Force supervisors and managers?
Mr. Bedford. Well, so, we are blessed to have a wonderful
resource in Oklahoma City. Our campus, our academy campus out
there is doing great work for us, but we can't allow it to be a
bottleneck. We do need to increase the number of pipelines that
are coming through to produce air traffic controllers. We now
are up to nine. We have added five collegiate programs. We need
to do more. And as we add those collegiate programs, we create
feeder streams of potential new controllers that can go both to
the contract tower program as well as to our Federal towers.
So, we are doing that. But I will tell you, one of the
first things that we spent doing is understanding as an agency
how to think about big projects, how to think about the work
that we do. And we implemented a process called theory of
constraints with the entire leadership team where we are
looking for those critical bottlenecks in ways that we can
alleviate them and improve the throughput.
And that is really--everybody is focused on the input, but
what we really need to focus on is the output, how are we
getting more people, qualified people through training quicker
and deployed in ways that are productive versus
counterproductive? So, there is a lot of--there are many
bottlenecks in this system. I promise you, over the course of
2026, we are going to do our best to resolve those bottlenecks.
Mr. Owens. Well, for those of us who are entrepreneurially
minded, thank you for your innovation and thank you for
thinking outside the box. It is so well needed here in this
particular space, and Americans are going to really appreciate
as we see that.
I just want to close by extending a personal invitation for
you to visit Salt Lake City Airport, one of the premier
airports in the country, gateway of the West. And we talked a
little bit before, if you are into skiing, it is snow time in
Utah, so we would love to have you come out and visit with us,
okay.
Mr. Bedford. Thank you for the invitation.
Mr. Owens. Thank you. And I yield back.
Mr. Nehls. Thank you. The gentleman yields.
I now recognize Mrs. Foushee for 5 minutes.
Mrs. Foushee. Thank you, Mr. Chairman.
And thank you, Administrator Bedford, for being with us
today.
It has been made tragically clear that the FAA is facing a
dire shortage of air traffic controllers. It has been widely
reported that more than 90 percent of U.S. airport towers are
understaffed. Furthermore, the chaos of air travel during the
recent Government shutdown showed us just how important robust
air traffic control staffing is.
In my conversations with the National Air Traffic
Controllers Association, they have expressed their difficulty
in getting updates on FAA staffing levels from either the FAA
or the administration. They emphasized to me that they can't
know where they are in achieving full staffing without regular
updates.
Can you commit to us today to provide a timely update to us
on FAA staffing levels?
Mr. Bedford. Well, thank you for that question.
Couple of things here. First, Nick Daniels, the president
of NATCA, has my personal number, so if he needs information, I
am available to him and the rest of the team at NATCA. So I
think we have got a good relationship. I would like to see that
continue. More collaboration will be better.
We have some serious issues that we need to address within
our collective bargaining agreement, things that they, I think,
want to address in terms of pay and benefits, and things that
we need to address in terms of staffing efficiencies and
training. So, there is a lot of work to do there. There is no
magic fix for the challenges that we face on controller
staffing.
So, we need to be intelligent about how we go about it. We
need to be collaborative about how we go about it. But
certainly, it is going to require a strong partnership between
ourselves and the union to get it done.
Mrs. Foushee. Thank you for that. Additionally, I have
heard from pilots that the infrastructure in some control
towers is so outdated and poorly functioning that they have had
to call the air traffic controllers on a mobile phone from the
tarmac for instruction.
In what ways is the FAA investing in modernizing nationwide
air traffic control technology and infrastructure to ensure the
safety of those on the ground and in the air?
Mr. Bedford. Well, again, thank you for that. That, in a
nutshell, is why I took the job. This gets to the heart of how
we ended up with an accident like 5342. Infrastructure is
inadequate. The systems are based on 1990s technology. And I
don't mean just the phone system or the data system, just the
architecture of the system that we have. It's woefully
inadequate for the needs of the 21st century.
We have a great plan to modernize, and I would be happy to
get into as much detail on that as you would like in terms of
where we are at with telecom, analog to digital conversions,
getting deployment of the technology in the field.
But even after we fully utilize this initial $12.5 billion
downpayment, there are still going to be fundamental problems
with the architecture of the system that need to be addressed
in this second level of funding. So, the future, if we were to
stop, would be a more reliable, but still inefficient, National
Airspace System. If we want both exceptional reliability and
exceptional efficiency and safety, we need that next tranche of
investment to get that done.
Mrs. Foushee. Agreed. And, finally, Administrator Bedford,
can you explain to us the heightened risks pilots, cabin crew,
and passengers are exposed to when air traffic control towers
are not sufficiently staffed?
Mr. Bedford. Well, thank you for the question. I know it
sounds unnerving that there could be a situation where we don't
have adequate staff or the technology is malfunctioned in a way
that we lose contact with aircraft in the air. But there are
numerous redundancies. We have numerous systems. So a tower is
also supported by a TRACON generally, and so there is
surveillance and there still are ways to communicate with
towers. And even if we lose two or three levels of redundancy,
crews are well trained to deal with these circumstances. So I
don't feel we have a safety issue with that. But, again, we
don't want to fall ourselves, leaning into the second, third
level of redundancy in order to maintain safety. Those should
be very infrequent, if ever used, backups.
Mrs. Foushee. Thank you.
Mr. Chair, I yield back.
Mr. Nehls. The gentlelady yields.
I now recognize Mr. McDowell.
Mr. McDowell. Thank you, Mr. Chairman.
And thank you, Administrator Bedford, for being with us
today.
We have discussed that staffing shortages are an issue, and
while the exact number is debated, there are as many as 90
percent understaffing at towers. And so, I want to know or at
least I want to talk a little bit about unmanned air traffic
control towers or different technology that has come along that
we could potentially work with.
And so, as you know, only around one-tenth of public
airports have towers. And even with FAA approval, they cost
millions of dollars and require a substantial amount of time to
actually build. But digital and remote towers are being
discussed as possible cost-effective remedies to modernizing
and improving the safety of the National Airspace System.
The most recent FAA reauthorization bill directed the FAA
to expand design approval and evaluation for digital and remote
towers to no fewer than three airports. The budget
reconciliation bill that the President signed into law in July
included $50 million for the deployment of remote tower
technology.
So my question is, how will the FAA decide which airports
to approve for remote towers?
Mr. Bedford. Well, thank you for your question, sir. I was
at our tech center in New Jersey week before last looking at
the progress that we are making in terms of certifying this
technology and preparing to deploy it. You may or may not be
aware that we actually have this system being installed in
Bartow, Florida, and a second system getting ready to deploy in
Winter Haven, Florida, and we are allowing them to sort of
utilize this in a shadow mode as we continue to refine our
certification programs.
So we have identified three deployments. I am not at
liberty to say where those are at today. We do have a process
by which the FAA, through their sort of--they have both a
facility condition index program. I am not going to tell you
that science I have signed off on, but they do have it. And
they also use a similar tool for how they would want to deploy
these in order to look at the correct circumstances. So the
initial deployments will be on single runways, for example, as
opposed to crossing runways or parallel runways.
So this is going to be a sort of crawl, walk, run process
as we deploy and learn----
Mr. McDowell [interposing]. Sure.
Mr. Bedford [continuing]. To make sure that we are not
jeopardizing safety. But the technology is actually pretty
amazing. I am excited about our ability to add that layer of
safety and use it in ways that will supplement existing towers.
Mr. McDowell. So could you see the digital remote towers as
being at least a partial remedy to the controller shortage?
Mr. Bedford. So a digital remote tower won't reduce our
workload, per se. What it will do perhaps is maybe allow us to
have workers in a place they want to be and where it makes
retention and sustainment of the workforce a little bit easier
than perhaps deploying to less desirable places.
Mr. McDowell. Sure. Well, I would hope that we could work
on that together as it becomes the technology that we begin to
use.
Mr. Bedford. We are going to deploy it in 2026.
Mr. McDowell. Great. Well, I look forward to watching.
I would like to yield the remainder of my time back to
Chairman Nehls.
Mr. Nehls. Thank you. Thank you.
Mr. Bedford, I have heard--Mr. Johnson said $31 billion. I
don't think--I think----
Mr. Bedford [interrupting]. $31.5 billion.
Mr. Nehls. Yes. You got $12.5 billion, the downpayment. And
we keep hearing another $20 billion. What is that number, and
how important is this additional funding?
I mean, you got the $12.5 billion, right, and that is going
to get us maybe to here. But will you need that additional
money to close the loop? I mean, what can you--can you educate
this committee and tell this committee, how important is that
money for this ATC modernization and the success?
Mr. Bedford. Well, thank you for the question, sir. It is
critical. So as I mentioned earlier, there are essentially four
levels of what we really think of as modernization, both our
telecom and our data. The first $12.5 billion provides for the
first three phases. That is copper to fiber. That is digital
equipage replacing analog equipage. And then that final move,
which Peraton will help with, actually changing the
architecture over from analog to digital.
But it doesn't address essentially the compute layer of
what we need. Today, all the compute layer for the FAA is in
each individual facility. That is 350 facilities that have
individual compute power, and we have no ability to see across
the NAS on what each of those 350 separate facilities are
seeing. We need to lift that layer out of the facility and into
the cloud, and that is what we have hired Peraton to help us
do.
Mr. Nehls. And how much do you think that will be? How
much----
Mr. Bedford [interrupting]. That process for that last leg
of modernization is part and parcel of that next $6 billion of
funding.
Mr. Nehls. $6 billion. Would that be your priority then?
You need the $6 billion, I mean----
Mr. Bedford [interrupting]. Well, I am going to tell you we
need it all, because the other $14 billion is essentially the
properties and facilities that each Member of the House has a
stake in the game on. They are woefully inadequate. They are
archaic. We are wasting $3.5 billion a year to sustain it. We
might as well just fix it.
Mr. Nehls. Got it. Thank you.
I now recognize Ms. Pou.
Ms. Pou. Thank you, Mr. Chairman and Ranking Member Carson.
First, before I begin--first of all, thank you, Mr.
Bedford, for being here.
Let me just express my condolences also to the families
that lost their loved ones during that horrific, horrible
accident and crash that occurred in Washington.
As you know, Mr. Bedford, I represent New Jersey, home to
one of the most complex, congested, and consequential aviation
corridors in our country. When aviation fails in New Jersey, it
doesn't just inconvenience our residents; it actually impacts
our entire national airspace.
For Teterboro and Newark airports, we are seeing chronic
understaffing, forced overtime, fatigue, and burnout of air
traffic controllers. These shortages across one of the most
congested airspaces in the world is a catastrophe waiting to
happen. This includes partial shutdowns and regular ground
delays lasting hours. We have even had airlines simply cancel
flights, because the system simply can't absorb another
stressor. So it is no surprise that millions of Americans are
beyond frustrated with the state of flying in America.
Just this past Sunday, I was actually stuck on the tarmac
for 4 hours to only have to be turned around again. And I will
leave it there, but the delays were just unbelievable.
So, meanwhile, our Department of Transportation is focused
on promoting airport gyms, posting clips of exercise contests.
You can't just run away from a critical staffing shortage, you
can't spin obsolete radar systems, and you can't bench press
away delays and cancellations. And a pullup contest between
Cabinet Secretaries in an airport terminal doesn't help reduce
congestion or increase safety. There is nothing more important
than safety.
Before the tragedy here in Washington in January, the U.S.
had not seen a major commercial aviation disaster since flight
3407 in 2009. As you know, flight 3407 departed from Newark and
took the lives of 49 people when it crashed outside Buffalo.
Some of my constituents lost family members that fateful
evening. I believe that extraordinary record, over 15 years
without a major domestic crash, can be credited to Congress and
the FAA implementing the 1,500-hour pilot experience
requirement ensuring commercial pilots have the proficiency
necessary to do the job safely.
So, Mr. Bedford, during your confirmation, you did not
commit to supporting the current 1,500-hour rule. Since
starting, I want to know if you have seen the benefit of this
watershed rule. Can airline passengers rest easier knowing that
FAA will continue to uphold this vital standard, or is the
agency taking any action to weaken this standard?
Mr. Bedford. Thank you for your question, ma'am. Delays and
cancellations, yes, there are a lot of them, more than we want
to see. The FAA does not own all of those delays and
cancellations, but we can do better. We can do our part to not
only improve the quality of the service and the reliability of
service, but certainly the safety standard of the service. So,
again, I want to offer a sincere thank you to you and to your
colleagues in the House for passing the $12.5 billion
investment.
It is unfortunate--it is beyond unfortunate--it is tragic
that the focus that we have today, the attention and our sort
of unified, galvanized effort to modernize was paid for with
the lives of 67 Americans. It is unfortunate, but that
sacrifice can't go to waste. We have to deliver for them and
for the rest of the American people on modernizing.
So, sniping on pullups and civility and whatnot, not
constructive, but I can talk to you for sure about what we are
doing to invest the $12.5 billion to build a system of the
future. But let me be clear, the $12.5 billion won't get it
done. We will have a more reliable system, but still an
antiquated system. More needs to be done. I am willing to
partner with you to get that done.
Ms. Pou. Thank you, Mr. Bedford. Let me just say that I
strongly believe that the FAA must continue to support the
1,500-hour rule as a critical safeguard for airline safety
until such time we have a better system, and there has not been
any other system proven to be safer. So it is vitally
important. Thank you for that.
Mr. Chair, I yield back.
Mr. Nehls. I couldn't agree more: 1,500 hours and raise the
age.
Ms. King-Hinds, you are recognized.
Ms. King-Hinds. Thank you, Mr. Chairman.
And thank you, Administrator Bedford, for appearing before
the committee and giving us your time.
I represent the Commonwealth of the Northern Mariana
Islands, and the closest mainland airport from Saipan, which is
our main hub, is over 6,000 miles away. And I share that to
underscore that there is no alternative mode of transportation,
and that, for us, aviation is not convenience; it is our
literal lifeline.
And so in every medical evacuation, every shipment of food,
every student leaving for college, every tourist who supports
our economy, and every servicemember rotating through the
Pacific depends on a single, fragile aviation system. So when
flights are cut, delayed, or grounded, there is no backup
plan--unless you know how to swim very good. Joke.
That is why one-size-fits-all policies, right, that may
work here on the mainland do not work out in the Territories,
and I will give you an example. Buy America requirements, for
example, while very well-intentioned and appreciated, can halt
critical airport projects in places like ours where compliant
materials are simply unavailable, shipping costs are extreme,
and project delays translate into real safety and economic
risk. And our ports authority has formally requested a waiver
not to bypass standards but basically to keep our airports
functional.
I have also recently introduced H.R. 6448, the Territories
Airport Support Act, because the current one-size-fits-all
framework does not reflect geographic isolation, limited
carrier competition, or the national security role that the
Marianas play in the Pacific.
So today, I want to have a conversation about practicable
solutions and how we can work together to maintain safety and
accountability while recognizing the unique realities of places
that suffer from the tyranny of distance like the Marianas.
And so my question to you, Administrator Bedford, is the
ports authority, as stated, has requested a Buy America waiver
because compliant materials are often unavailable or just
prohibitively expensive. What flexibility does the FAA have to
grant project-specific or geographic waivers for Territories
like ours so that we can move on with these projects?
Mr. Bedford. Well, thank you for your question. And I am
going to confess a little ignorance here. I don't know that
that Buy America issue is in my purview, in the FAA wheelhouse
or not. I will certainly take that back to the Secretary and to
the administration.
I will tell you, in my first 100 days on board with the
FAA, I made a dedicated effort to get out into the field to
visit with our frontline workforce, understand the challenges
that they are facing, and also to understand the state of our
equipment, our facilities, and our technology.
In Alaska, I learned that the system that we use to monitor
air traffic and manage traffic is different than the system
that we use in the continental United States, and the same is
true for Hawaii, Guam, your neck of the woods, Puerto Rico. So
if you can imagine a state of air traffic that is actually more
obsolete than what we utilize in the continental United States,
it is where you live.
And so here is an early opportunity, I think, rather than
try to bring up our non-CONUS facilities to our current older
state of technology to leapfrog, I think your neck of the woods
could turn out to be a great testing opportunity for us to
really usher in the new most modernized NAS. So trust me when I
tell you we are focused on where you are at and how we can meet
those needs.
Ms. King-Hinds. And I thank you for that comment, and I
encourage you to please come out and visit the Northern Mariana
Islands, because we recently--well, back in 2018, we were hit
by a super typhoon that destroyed our airport traffic control
tower, right. And because of some of these one-size-fits-all
policies and requirements to be able to meet Federal standard
specs, these projects are being delayed, and it has taken some
time to just get that air traffic control tower back and
operational.
I am going to run out of time, so I just wanted to focus on
my bill, H.R. 6448, which basically asks for some sort of a
moratorium or reduction in rate with regards to the AIP
matching requirements. We have one industry, which is tourism,
and it has not recovered since the pandemic, and the ports are
barely sustaining itself. And so I hope--I know that you are
not supposed to be able to speak on these bills that are
introduced before the floor, but I am hoping that we could get
some sort of support because we need our ports to be
economically self-sustainable.
Thank you for your time, and I encourage you to please come
and visit the Northern Marianas.
Mr. Bedford. Thank you for the invitation.
Ms. King-Hinds. I yield back my time.
Mr. Nehls. The gentlelady yields.
I now recognize Ms. Gillen.
Ms. Gillen. Thank you, Mr. Chairman, and thank you, Ranking
Member.
And thank you, Administrator Bedford, for testifying before
us today.
And my deepest sympathies to the families who have lost
loved ones who are here with us today.
And, Administrator, really, the timing of your visit is
auspicious, because today, in fact, is the 65th anniversary of
what was at the time the deadliest crash in the history of
commercial aviation. On December 16 in 1960, TWA flight 266
collided with United Airlines flight 826 over New York, leaving
134 people dead, and 13 of those were Long Islanders, which is
the area that I represent. And this tragedy, after a decade of
smaller crashes, is what prompted the FAA to adopt safety
reforms, including speed restrictions and the requirement of
new technology on commercial aircraft and the issuance of new
communications guidelines.
And on this painful anniversary and seeing the families
here today and the faces on this poster the lady in the front
row has of all the faces who we lost, we know that there is
still so much more that we need to do.
As I said, I represent New York's Fourth Congressional
District on the South Shore of Long Island, and it is home to
TRACON N90, which provides the oversight for the most complex
commercial aviation space and congested airspace in the
country. And I am very glad that the administration is devoting
more resources to fix our totally out-of-date system.
But I visited this facility and saw the technology that
they are using to oversee the air traffic going into Kennedy
Airport, LaGuardia Airport--and it used to be Newark Airport,
we will get to that--and there were literally some floppy disks
there. I mean, I think every single person here can agree that
nobody should be using floppy disks anymore.
So when Secretary Duffy appeared before this committee or
the larger T&I Committee, I asked him to come visit TRACON N90
to see what is going on in that space, and he agreed to visit.
We are trying to schedule that. I would encourage you and ask
you if you would consider coming to visit too, because it is an
extremely important facility in terms of our national airspace,
because even flights going somewhere else sometimes usually
dock for a while in New York before they go on someplace else.
So would you consider coming with us to TRACON N90?
Mr. Bedford. I have actually had two visits scheduled----
Ms. Gillen [interrupting]. Oh, fabulous. Excellent.
Mr. Bedford [continuing]. But, unfortunately, my schedule
was changed, and I wasn't able to do it. But, yes----
Ms. Gillen [interposing]. Oh.
Mr. Bedford [continuing]. I need to get to N90 for sure.
Ms. Gillen. Excellent. Thank you.
And can you assure me that the administration will
prioritize funding for N90 from the $12.5 billion that the
administration has invested to far?
Mr. Bedford. So you are asking a great question, whether
you realize it or not, in terms of how we prioritize deployment
of new technologies. Earlier, I mentioned with relation to
digital towers, we take sort of a crawl, walk, run process. And
I understand that. We want to make sure technologies are fail-
safe before we deploy them in our largest facilities. But that
can be a very lengthy timeframe to work through that, and some
of these technologies are, frankly, game changers for us, and
we need to have a line of sight on how we can get them into our
top 40 traffic markets.
So, there is work going on in terms of how we can think
about deployment and speeding these tools to market. We are
going to need partnership with NATCA to get that done, because
sometimes there is a little resistance----
Ms. Gillen [interposing]. Yes.
Mr. Bedford [continuing]. On the workforce, teaching the
old guys like me new skills. It is hard, it is uncomfortable,
but we need to get it done.
Ms. Gillen. Well, I talk to the folks from NATCA often, and
I am sure that we could have a broader discussion, and would
love to be there when you visit N90 so you can see what is
there and see what is needed. So we will reach out to your
staff.
Mr. Bedford. My team is going to take that away.
Ms. Gillen. Okay. So, again, I spoke earlier about
overseeing the most congested airspace. Unfortunately, in the
prior administration, there was a decision made that they would
take some of the air traffic controllers that oversee Newark
Airport and move them to a remote location in Philadelphia
instead of keeping them with the air traffic controllers who
oversee Kennedy and LaGuardia. All of these planes are
traveling in the same nexus, in the same area.
There was a big outcry by NATCA and by the folks who work
there talking about the risk to safety that this would pose if
you had these Newark controllers down in Philadelphia. When I
was there, there is still literally a space in the facility for
the Newark people to come back. And over the summer, we saw
twice Newark lost all communications with air traffic for 90
seconds, which could be fatal.
The controllers in N90 told me, if they had lost
communication, they could have reached over and said to the
people who oversee New York airspace, Kennedy and LaGuardia,
and said, what do you see? What's going on? And they could
communicate, instead of having to pick up the phone and lose
vital seconds that could save lives.
I have asked Secretary Duffy to consider moving those
controllers back. I believe you would have the support of the
union in doing that. I believe it would make our skies safer. I
was very grateful that, after we had that conversation, the
Department of Transportation Office of Inspector General
launched an investigation.
And, Mr. Chairman, I would like to enter this into the
record.
And I would encourage you to continue that discussion of
moving those controllers back, because I think it will make our
skies safer.
Mr. Nehls. Without objection.
[The information follows:]
Memo of July 28, 2025, to Director, Audit and Evaluation, U.S.
Department of Transportation, Office of Inspector General, from Nelda
Z. Smith, Assistant Inspector General for Aviation Audits, U.S.
Department of Transportation, Office of Inspector General, Submitted
for the Record by Hon. Laura Gillen
MEMORANDUM
DATE: July 28, 2025
SUBJECT: INFORMATION: Audit Announcement, FAA's Relocation of
Newark-Area Terminal Radar Approach Control (TRACON) Responsibilities,
Project No. 25A3005A000
Federal Aviation Administration
FROM: Nelda Z. Smith, Assistant Inspector General for Aviation
Audits
TO: Director, Audit and Evaluation
Newark International Airport is one of the busiest airports in the
United States, transporting more than 24 million passengers in 2024.\1\
In July 2024, the Federal Aviation Administration (FAA) transferred
Terminal Radar Approach Control (TRACON) \2\ responsibilities for the
airspace surrounding the Newark International Airport from the New York
TRACON (N90) to the Philadelphia Air Traffic Control Tower (PHL).\3\
According to FAA, this action was intended to address chronic
understaffing at N90. On April 28, 2025, air traffic controllers
overseeing Newark's airspace experienced an approximately 90-second
blackout of radar and radio contact with air traffic due to a burnt
copper wire. An additional 90-second outage occurred on May 9, 2025,
due to failures of both primary and redundant communication
infrastructure.
---------------------------------------------------------------------------
\1\ Federal Aviation Administration (FAA), Preliminary CY 2024
Boarding Data.
\2\ TRACONs guide aircraft as they approach or leave airspace near
a primary airport.
\3\ The Philadelphia Air Traffic Control Tower is a combined Air
Traffic Control Tower/TRACON facility.
---------------------------------------------------------------------------
These events have raised questions about FAA's management of the
relocation, including impacts on system redundancy, controller staffing
and training, and operational resilience. Given these concerns, the
Secretary of Transportation requested that we initiate an audit to
review FAA's decision to relocate TRACON responsibilities for this
airspace. Accordingly, our audit objectives will be to assess FAA's
relocation of Newark approach control operations from New York to
Philadelphia, including FAA's (1) planning and risk assessment process
and (2) response to its operational impact on flight delays,
cancellations, and safety incidents.
We plan to begin the audit in August 2025 and will contact your
audit liaison to schedule an entrance conference. We will conduct our
work at FAA Headquarters and air traffic facilities in Newark, New
York, and Philadelphia. If you have any questions, please contact me or
Marshall Jackson, Program Director.
cc: DOT Audit Liaison, M-1
FAA Audit Liaison, AAE-100
Mr. Nehls. Mr. Knott, you are recognized for 5 minutes.
Ms. Gillen. Thank you.
Mr. Knott. Thank you, Mr. Chairman.
Mr. Bedford, thank you for being here. I do just have, as a
broad level, I am a little bit troubled that in this town, it
seems like more funding is always the answer, right. And we are
$38 trillion in debt. That will soon hit $39 trillion of debt.
And there is no attention given to the process, to the
bureaucracy, to the lack of accountability for obviously the
waste that we all know exists.
And in your opinion, sir, in terms of the outdated
technology that is obvious--we just heard my colleague talk
about the use of floppy disks. I don't even know where you buy
floppy disks.
Mr. Bedford. eBay.
Mr. Knott. We have heard obviously a lot of testimony about
the burdensome procurement processes that are in place,
certainly, the centralized air traffic controller education and
recruitment process. What can we do to, in some ways, cut the
leashes off of the administration, your Department? How can we
help you sort of make things more efficient on a broad level?
Mr. Bedford. Well, thank you, sir, for that question: $38
trillion in debt, $2 trillion a year budget.
Mr. Knott. Yes.
Mr. Bedford. We have to be responsible to the taxpayers for
the money that you give us. We have to be good stewards of
those resources. In fact, we are rolling out new guiding
principles, what we call our best principles. And the ``B''
stands for be good stewards of our resources. We are all
taxpayers, so we want to make sure this investment--and that is
what it is--this $12.5 billion you have given us--gets to where
it needs to be the most effective.
I will tell you, we are investing, whether you--I don't
think it is an investment. But we are spending almost $4
billion a year just to, again, put perfume on the pig----
Mr. Knott [interposing]. Sure.
Mr. Bedford [continuing]. Just to keep things running. So--
--
Mr. Knott [interrupting]. That is my question. How can we
help? What can we get out of your way so that you can employ
professionals to identify those problems and fix them? I mean,
that is outrageous. That is an outrageous lapse----
Mr. Bedford [interposing]. Absolutely.
Mr. Knott [continuing]. On every level.
Mr. Bedford. You have provided those tools. You have
provided the Administrator unique statutory authorities to
procure things outside of the Federal bureaucracy. When I
onboarded in July, I was handed a book, a 658-page procurement
document for how we would roll out One Big Beautiful Bill. I
threw it away. We started over. Think slow, identify the end
state, then figure out how we are going to get from here to
there.
These are not normal Government processes, but in industry,
this is how we get stuff done quickly----
Mr. Knott [interposing]. Sure.
Mr. Bedford [continuing]. And we get it done on budget. And
that is the program that we are running for the $12.5 billion.
So I can sit here and confidently tell you the taxpayers will
get an incredible return on their invested capital here, but it
is not the end state we want. That next tranche of funding is
going to transform--I don't use that word lightly--it will
transform our national airspace and make it the envy of the
world.
Mr. Knott. We built the envy of the world without a
centralized bureaucracy. And it seems from where I sit, sir,
that sort of the bureaucratic systems that were written and
implemented to prevent failure have all but enshrined failure.
When you are still using floppy disks, that makes everybody
less safe. That makes the agency less effective. And if there
is something that we can do from a legislative standpoint to
give you the freedom, the flexibility, I hope you will let us
know quickly so that we can continue to work together.
Mr. Bedford. Again, sir, I think I have it. You just have
to continue to encourage me to use it. And I promise you, we
are using that authority now. It is uncomfortable----
Mr. Knott [interposing]. Yes.
Mr. Bedford [continuing]. For the bureaucracy. Some of them
will leave. There will be turnover associated with that as we
turn these processes on their head, but it is helpful.
Mr. Knott. Good. And just for your knowledge, sir, I am
working with colleagues across the aisle to introduce a bill
called the Aviation Supply Chain Safety and Security
Digitization Act of 2025. It commissions a study so that we can
go through the procurement procedures to really digitize, to
remove the paper, the papering of that process. I look forward
to your participation as that study is commenced and, again, I
look forward to working with you.
Mr. Bedford. I welcome it, sir. Thank you.
Mr. Knott. Thank you.
Mr. Chairman, I yield back.
Mr. Nehls. The gentleman yields.
I now recognize Ms. Norton for 5 minutes.
Ms. Norton. I strongly oppose section 373 in the defense
authorization bill the Senate is expected to send to the
President this week. This provision would allow helicopters
flying in certain airspaces, including near DCA, to have their
ADS-B transponders turned off.
Earlier this year, I wrote a letter to the FAA demanding
that all helicopters flying near DCA be required to use their
transponders. I have yet to receive a response.
Mr. Bedford, does the FAA support requiring all helicopters
in the airspace near DCA, other than those transporting the
President and the Vice President or those in use during a
national emergency, to broadcast their position using ADS-B
Out?
Mr. Bedford. Thank you for that question, madam.
It is not customary for the agency to take a position on
pending legislation. It is customary, however, when legislation
is working through the process that staff or Members will seek
the FAA's consulting authority, so a technical consultation or
a technical advisory. I can tell you, as it relates to section
373, that did not happen. The FAA was not consulted with or no
advisory or consultation was requested, so we didn't see
section 373 until last week.
Having said all that, I want to assure you, the members of
the committee, the families of 5342, that we are not going to
go back to the way the Capital region airspace was managed
prior to January 29. All the mitigation that has been put in
place to separate mixed traffic, closing helicopter routes,
eliminating virtual separations, and separating nontransponding
traffic in the rare happenstance, that will continue.
Ms. Norton. As cochair of the Quiet Skies Caucus and the
Member who represents the District of Columbia, which is
plagued by airplane and helicopter noise, I am pleased we were
able to include provisions to combat aviation noise in the FAA
Reauthorization Act of 2024. The FAA has not done enough to
reduce and mitigate aviation noise. With this law, the FAA has
a mandate to do more to combat aviation noise and engage more
with the public on aviation noise.
Mr. Bedford, what is the implementation status of the
aviation noise provisions in last year's FAA reauthorization
law, particularly the Aircraft Noise Advisory Committee?
Mr. Bedford. Thank you for that question. I don't want to
get over my skis here, having been in the office for 5 months.
My understanding is that the committee has been formed, that
the advisory response that we have gotten is being put into
effect.
I will say that noise is going to be a continued problem
for us. I mean, there is demands to continue to expand aviation
resources across the country, whether that is drones, advanced
air mobility, soon the inclusion of potential supersonic. So we
have natural conflicts in terms of the economy wanting to grow
through airspace and the fact that people are moving closer and
closer to airports. It creates some real challenges for us.
I do think modernization gives us our best opportunity to
mitigate noise. Let me explain. Today, when we are either
short-staffed or our technology can't keep up with the demands,
we tend to put airplanes into longer miles-in-trail, which
naturally means that they are flying at lower altitudes longer
and at lower power settings over neighborhoods. In a modernized
system, we can actually find a precise point in time where that
airplane at altitude will hit its arrival gate, and it can
descend on a low power-off or power-idle descent, significantly
reducing noise and also minimizing the amount of time and space
that they are over local neighborhoods.
So I think modernization in and of itself will help us
significantly reduce or abate noise, but it is always going to
be a challenge. And I am sure we are never going to be able to
completely measure up to communities' expectations for noise
mitigation.
Mr. Nehls. The gentlelady yields.
I now recognize Mr. Van Drew.
Dr. Van Drew. Thank you, Chairman.
Thank you, Administrator, for being here.
You know that we have the greatest--we still have the
greatest aviation system in the world, but we also know the
truth: Other nations are advancing rapidly, modernizing faster,
deploying faster, using new technology faster, and it demands
our attention, and I know you are on it.
The United States of America must not--we cannot, we will
not--fail, and I know you are on that as well. And that is why
Congress, as you know, is very clear in the FAA Reauthorization
Act of 2024--something that many of us, a few of us were deeply
involved with--the FAA must not only maintain safety, but has
to be responsible for rapidly integrating new aircraft, new
systems, new ideas, new technologies, all the things you have
been talking about all morning. And it has got to be done.
Passing the FAA bill was important, but it is a strong
start, but it is not enough, and we need further implementation
and strong oversight from you. And, again, section 206 of this
bill created the Airspace Modernization Office to cut through
redtape, to deliver results, and provide a clear framework to
move beyond years of delay that we did have under what was a
great promise, NextGen.
So the question I have for you to begin with is, when will
the Airspace Modernization Office be formally announced, and
when will it be fully operational?
Mr. Bedford. Well, thank you for the question, sir.
And I want to give a shout-out to a fellow by the name of
Neal Cohen. I was able to convince Secretary Duffy to actually
hire Neal before I actually went through my confirmation
hearing. He is one of the smartest humans I have ever worked
with, one of the best strategic thinkers. And he has embedded
himself--and he is the current acting lead of the Office of
Modernization. So he has been on board since April of this
year, and he is transforming how we go about the process of
unlocking the potential for modernization.
Dr. Van Drew. When do you think we will see something that
is tangible for folks like us?
Mr. Bedford. Say again, sir?
Dr. Van Drew. When will we see something that is tangible
that we can put our arms around for folks like us, Congress and
others?
Mr. Bedford. You can see it right now. So come with me to
the tech center. I will show you how we have already started
the deployment of digital radios and digital voice switches. I
will show you the architecture for how we are going to move
from an analog NAS to a digital NAS. And I can walk you through
the fact that we have already converted over 36 percent of the
copper to fiber, and our deployment plan for the next----
Dr. Van Drew [interrupting]. We will do it. We will do it.
I look forward to it.
And this kind of leads into my next question. The William
J. Hughes Technical Center for Advanced Aerospace in my
district, as you know--I talk about it all the time--where do
you see them? It is uniquely positioned to test. They have the
expertise, they have the people, they have the location. Where
do you see them in this whole picture?
Mr. Bedford. I was there last week. It is a wonderful
resource for the country.
Dr. Van Drew. And you didn't tell me.
Mr. Bedford. I am sorry, yes. Great team.
Dr. Van Drew. You hurt my feelings. I would have been
there.
Mr. Bedford. Great team out there. I apologize. I am going
back, so----
Dr. Van Drew [interposing]. All right.
Mr. Bedford. But the point of being out there last week was
to sort of finish our inventory on what was left on the NextGen
shelf. And, look, I want to send a shout-out to the NextGen
team. I think we did a bad job as the FAA communicating what
NextGen was doing. We didn't provide the transparency that the
committee needed to do the oversight, to understand what it was
about.
But just, if I can take 30 seconds, the FAA's innovation
cycle runs the same path as Boeing. We are innovating on a 15-
to 20-year timeline, and that is sort of what NextGen was
doing. We need to innovate at the speed of iPads, right. We
need to go at the speed of Apple. So that is the change that we
are communicating to our team at the tech center.
Dr. Van Drew. Good.
Mr. Bedford. I think they are on board with the mission; we
just have to unlock it.
Dr. Van Drew. Is the emerging technology accelerator a
priority for you as Administrator? Are you going to be working
with Congress in the next budget cycle to see if this can
operate at the scale in which it was intended?
Mr. Bedford. I apologize. I am having a terrible--too much
jet engine noise in my career.
Dr. Van Drew. No problem. Either that or I am not speaking
well. Enunciate, right.
Mr. Bedford. You are doing fine.
Dr. Van Drew. Is the emergency technology accelerator a
priority for you, and do you think you will need to work with
Congress in the next budget cycle on that issue?
Mr. Bedford. Honestly, rather than hip shoot that, I am
going to take that one back and get more conversant on it.
Dr. Van Drew. Okay. Get back to me.
Mr. Bedford. I would be happy to revert back to you
privately.
Dr. Van Drew. It is an important piece as well. So I
appreciate you. I wish you well. Lot of good things going on at
the tech center. I look forward to working with you there. I
have been deeply involved with that. As you know, I think it
was one of the very first stops even Secretary Duffy took was I
kind of elbowed him into coming down to South Jersey and let
them know that they were okay. So I appreciate----
Mr. Bedford [interrupting]. It is a tremendous resource.
Dr. Van Drew [continuing]. Your work. It is a tremendous
resource, and I look forward to working with you.
Mr. Bedford. Thank you.
Dr. Van Drew. Thank you.
I yield back, Chairman.
Mr. Nehls. Everybody loves Jeff.
Dr. Van Drew. By the way, Chairman----
Mr. Nehls [interrupting]. Everybody loves Jeff.
Dr. Van Drew. That is not true, Chairman. Everybody loves
you.
Mr. Nehls. Hey, hey, hey.
Dr. Van Drew. Are we going to miss the chairman or what?
Mr. Nehls. Yes. The gentleman yields.
I now----
Dr. Van Drew [interrupting]. I mean, I can't believe this
guy. He is my buddy, and he is retiring from Congress.
Mr. Nehls. You're great.
I recognize Mr. Garcia.
Mr. Garcia of Illinois. Thank you, Chairman and Ranking
Member.
And thank you, Mr. Bedford, for being here today.
From the deadly collision over DCA nearly a year ago to our
air traffic controllers feeling the squeeze of the longest
Government shutdown in history, our National Airspace System
has been under considerable strain. I look forward to working
with the FAA to hold our aviation community to a higher
standard of safety. In that spirit, my first question focuses
on aircraft minimum crew standards.
Earlier this year, the FAA approved American Airlines'
request to operate its new Boeing 787-9P with a minimum crew of
just seven flight attendants. This means that not all exit
doors will be staffed by the flight attendants to evacuate this
wide-body aircraft in case of an emergency. A single flight
attendant would be left to evacuate hundreds of passengers
through two emergency exits on opposite sides of a wide-body
aircraft.
The basis of aviation safety is redundancy, yet unmanned
emergency door exits undermine this critical concept and could
result in panicked passengers operating a door in dangerous
conditions. Section 365 of the FAA bill requires the FAA to
reassess evacuation standards and how the FAA develops them.
Mr. Bedford, as part of that assessment, is the FAA
evaluating the crew-to-exit door ratio on wide-body aircraft
and whether too few members can impact evacuation times?
Mr. Bedford. Well, thank you for your question, sir. I want
to be careful because I haven't studied this issue in detail.
So I don't want to misinform you or the committee.
I am aware of the requirement to redesign or to address
some of the deficiencies in a previous emergency evacuation
study that was done. I am aware that the National Academy of
Sciences provided the FAA with certain elements of the study
that they felt needed to be corrected in order to have a better
proof of concept on our emergency egress procedures.
I believe the results of that study are now being
incorporated into what would be another retest, if you will. I
am not exactly sure when that is going to get done, but I know
the work is being done, and it is important work.
We saw, certainly through the emergency issues with the
American brake fire in Denver, difficulty getting folks off the
airplane. I think that's as much educating the traveling public
that they need to listen to our flight attendants, the safety
professionals on board not to take their personal effects to
have an orderly evacuation.
So I think we have work to do on public education.
Mr. Garcia of Illinois. Thank you for that. And I know that
flight attendants and other workers are eager to continue the
engagement.
Next, I would like to bring your attention to the workforce
that keeps our airports running. Ramp workers, ticket agents,
and food service workers play a critical role in our aviation
system, but many of them earn poverty wages. That is why
Senator Markey and I pushed for the Good Jobs for Good Airports
Act in the FAA reauthorization process last time.
This bill sought to ensure a living wage for this
workforce. Although this bill was not included, section 438 of
the FAA bill, a provision I helped lead, required the GAO to
complete a review of the airport service workforce.
Mr. Bedford, are you committed to doing what you can to
ensure that airports that the FAA oversees are delivering fair
wages and benefits to all employees?
Mr. Bedford. Well, thank you for that question. I will
separate it into two responses.
First of all, we are critically engaged on airport safety,
critically engaged on how traffic moves around and egresses
through the airport, airport infrastructure. All things on the
surface we are absolutely focused on and making sure both our
frontline team and our air traffic controllers have the
appropriate tools, as well as our pilots have the appropriate
tools, to see traffic and avoid traffic.
As it relates to the airport wage worker, of course, I
support their rights to collective bargaining; I support their
rights to advocate for themselves, but the FAA does not really
have a--it is not, sort of, in my lane here.
Mr. Garcia of Illinois. Thank you. I want to raise a report
that was published in the New York Times where TSA is providing
a list multiple times a week to ICE of travelers who will be
coming through airports. The program led to the arrest and
deportation of Any Lucia Lopez Belloza, a 19-year-old student
at Babson College. She was deported, despite a court order
prohibiting the Federal Government from moving her out of the
U.S.
I understand that TSA doesn't fall under your purview, but
this issue does involve airport facilities. So I wanted to put
it on your radar for further conversations with you. Your
efforts in addressing this will be greatly appreciated.
Mr. Bedford. Well, I applaud the work that our TSA agents
are doing on the front line to keep our screening safe. So I
appreciate what you have to say.
Mr. Garcia of Illinois. Thank you.
I yield back, Mr. Chairman.
Mr. Nehls. Gentleman yields.
I now recognize Mr. Bresnahan.
Mr. Bresnahan. Thank you, Mr. Chairman, and to the ranking
member.
Also, Administrator Bedford, thank you for being here.
And, also to the families, thank you for advocating for
safe air travel and for being here.
So I am going to jump right into a few questions
specifically to prevent future incidents like this from taking
place, relevant to the part 108 and the beyond visual line of
sight, and perhaps maybe you can elaborate a little bit more.
As a helicopter pilot myself and us traditionally operating
in and around utility power line work, emergency evacuation
helicopters, what will that look like and how far along in the
process of the part 108 is the FAA?
Mr. Bedford. Thank you for your comment. I think beyond
visual line of sight, a rulemaking there is close. We have
closed comments to the public. We received over 3,000 comments
back from industry. Generally, favorable, I would say. There
are concerns over right-of-way that we are continuing to
evaluate.
We are going to have an industry stakeholder meeting early
January, or maybe late December. I am not sure how my schedule
is set up. But we want a collaboration. We want to make sure
that we are getting the right rulemaking accomplished to unlock
drone operations and drone safety.
I will say we have designed a drone sandbox that is
strategically deconflicted from 99 percent of the airspace. But
there are these exceptions for agriculture, for pipeline
surveillance where we may see drone use and helicopter use in
the same airspace. So that still requires some additional
thought process.
Mr. Bresnahan. Has there been any thought or analysis done
around ADS-B on the actual drones themselves, or what will that
look like? I am trying to put myself into the position of
another helicopter pilot that may come into a situation where
they are near an unmanned vehicle where you don't have the
opportunity to speak on an air-to-air channel or to be able to
communicate in and around various different airports.
But what about broadcasting relevant to unmanned aerial
vehicles?
Mr. Bedford. It is a great question, a very relevant
question in the rulemaking process. Thank you for that.
Obviously, it belies your experience as a helicopter pilot.
So you can imagine having drones actually transpond becomes
a challenge in terms of drone design, weight, and it obviously
mitigates payload capability. So the better course of action
would appear to be to have the aircraft transpond.
And, right now, the rulemaking would require drones to be
able to see ADS-B Out signals and detect and avoid the traffic.
So now it is a conversation of, how do we talk to the crop
duster pilot, how do we talk to the helicopter pilot, or how do
we block perhaps hospitals, geo-deconflict them for helicopters
moving in that space; how do we get them to broadcast as part
of unlocking drone dominance?
Mr. Bresnahan. Well, I think that is a great transition to
my next question about how close are we to mandating ADS-B and
having it become mandatory for traditional aircraft?
Mr. Bedford. Well, thank you for the question. I want to be
careful because we are not supposed to opine on pending
legislation, and that sounds very close to----
Mr. Bresnahan [interrupting]. Well, let's go with your
instincts.
Mr. Bedford [continuing]. The ROTOR Act.
As a pilot, I love it, right; as a pilot, I think we want
more situational awareness, not less. More information is
always better.
As a private pilot, as a recreational pilot, I do have
concerns about the cost if we use traditional FAA methods and
say it has to be embedded on an airplane. I am not going to
want to buy a $50,000 upgrade for my Cessna 172. But, if I can
get an ADS-B Out-like device, one with equivalent capability, a
portable device that I can buy for 99 bucks----
Mr. Bresnahan [interposing]. Sure.
Mr. Bedford [continuing]. I am encouraged.
Now, there is a second issue on privacy that we need to
address. I think a lot of private pilots really don't want
their ADS-B information taken and published, so--but I think
all of those issues we can address to the entire aviation
users' desire, and that would be the end state as a pilot I
would like to see without commenting as my position as FAA
Administrator.
Mr. Bresnahan. Well, I certainly appreciate the commentary
on the privacy as someone that does fly and who does broadcast
his location. It certainly becomes a safety-sensitive
situation.
Also, relevant to privacy--I have 20 seconds left, but I
want to talk about and commend the FAA for bridging the gap on
workforce shortages relevant to controllers.
And I have heard from colleges in my district, including
Lackawanna College, community college, Luzerne County Community
College about wanting to expand the program for the enhanced
Air Traffic-Collegiate Training Initiative and would love to
work with the FAA and our office about looking to bring those
programs into northeastern Pennsylvania.
Mr. Bedford. It would be a pleasure.
Mr. Bresnahan. Thank you.
I yield.
Mr. Nehls. The gentleman yields.
I now recognize Mr. DeSaulnier.
Mr. DeSaulnier. Thank you, Mr. Chairman.
Thank you for your testimony today and the challenges you
have professionally. And my questions were, how do we measure
the success of what this committee has done and your deployment
of that? And I have heard a lot of good things here today, but
also have some concerns.
I entered this when there was a near-miss 11 years ago at
SFO where we came 54 feet with an Air Canada flight landing on
three loaded planes on a taxiway, and they didn't read the
notice to airmen and a whole series.
So, first, performance standards, is, how are we doing on
near-misses? So, when we started this process in
reauthorization--and what I am looking here for is simple
measurements, and then I will have a followup question about
how we can get in more details.
So, on simple measurements, you had a report card on how
you are doing in deploying the directions of the assets we gave
you, how are you doing? And start with near-misses: Do we see
any success in fewer of those?
Mr. Bedford. Well, thank you for those questions.
The first one, if you don't mind, you asked maybe the most
relevant question for the day, which is, how do we measure
success?
Mr. DeSaulnier. Right.
Mr. Bedford. That is such a critical, critical question
that we, the FAA--I will tell you, we still struggle with it.
We can look at objective things in terms of we have deployed 30
percent of the--removed 36 percent of the copper is now fiber.
We have deployed our first digital switches and voice switches,
and we are going to close a radar acquisition before the end of
the year. And we have a 2\1/2\-year timeframe on how we will
deploy that.
So, I could give you a lot of those objective measures of
success, but the real measure of success is, are we actually
making the NAS safer, right? And we are studying ways that we
can objectively provide evidence that our modernization efforts
are paying fruit in terms of increasing the safety and
efficiency of the NAS.
So, again, great question. Love to talk more about it with
you. You asked specifically about near-misses.
One of the data points that we saw during the lapse was an
increase in near-misses. And we also saw an increase in surface
incursions, which is why we took action to--well, to sort of
reduce the workload of our controllers by reducing capacity,
reducing system demand in real time. That was a recognition of
the risk that we saw.
We monitor--we have dashboards now, something--I mentioned
a fellow by the name of Neal Cohen. He also created these same
measurements in dashboards that are now front and center of the
FAA's weekly management meetings. So we are looking at the
dashboards and looking at our progress on surface runway
incursions on near-misses and TCAS Resolution Advisories.
So, I will tell you the trend was going down until the
lapse. But, unfortunately, it has taken a turn in the wrong
direction.
Mr. DeSaulnier. Mr. Chairman, I would love to work with you
and our group just to get sort of a report card on simple, easy
to measure----
Mr. Bedford [interrupting]. I have it. I will be happy to
share it with you.
Mr. DeSaulnier. All right. And then in more detail, we have
over 30 priorities at our office, we are able to work with
stakeholders, but particularly the workforce and retired
workforce members, pilots, air traffic controllers.
We submitted questions prior to this hearing to see where
we were on each of those. We got a response, but it was--you
would have to have a Ph.D. in aviation engineering, and I don't
have the staff or the mental capacity. So I would love to work
with you on that to sort of help us understand things like
human factors that the chairman brought up that has been of
particular interest to me across the board and, in particular,
in the procurement process--and we deal with this in multiple
levels of Government--technology is not matched to the human
factors, whether it is the pilots, the air traffic controllers,
the machinists.
So, how we are working on that? We go with the lowest, best
bid across Government, State and Federal level. But it doesn't
really deal with the deployment and the necessary training with
this new technology.
And it was quite obvious in the root cause analysis that
the incident at SFO where it--the pilots and the air traffic
controllers had technology, but they had never been trained
fully under the circumstances to understand and deploy it.
So, I wonder if you could respond to that, how you are
dealing with that part of getting the workforce out, but
getting them trained on par with the technology and having the
technology companies, as part of the procurement, pay for that
training or fair share of the training.
Mr. Bedford. Thank you for the question. We have just
published--I believe it went out yesterday--our roadmap, our
flight plan for 2026 that we sent to the front line. It
outlines three key pillars for how we will have success in
2026.
The first pillar is people. Again, making sure we are
hiring the best people, giving them the best training and
giving them the best tools, and achieving the best results.
That sounds simple, maybe cliche even. But we have a roadmap of
20 different deliverables that we are going to execute on next
year in order to unlock progress on our people initiatives.
And, hopefully, that will improve culture.
The second silo, of course, is safety. And there is so much
low-hanging fruit that we can bring to bear through some level
of FAA reorganization. Today we have safety elements siloed in
eight different lines of business, and they don't talk to each
other, sir. They don't collaborate across the FAA agency
landscape. In fact, in some ways, they compete against one
another.
We are going to deconstruct that, and we are going to
create an integrated FAA safety process, one FAA safety
management system focused on identifying and then mitigating
risks quickly. That is on our to-do list.
And then finally is modernization.
These three things will work together to create an FAA that
is transparent, accountable, and most importantly, effective. I
think that is really what this committee expects is an FAA that
can deliver effective oversight of the aviation ecosystem and
assure the traveling public that they are getting the safest
travel experience, bar none.
Mr. Nehls. The gentleman yields.
I now recognize Ms. Hoyle.
Ms. Hoyle of Oregon. Thank you so much. Administrator
Bedford, thank you so much for being here, and I want to thank
you and Secretary Duffy for continuing to engage with Congress
following the tragedy at DCA.
We were just at the Wright Memorial Dinner where we honored
the first responders and Jennifer Homendy for their efforts
after the U.S. military-U.S. passenger aircraft incursion at
DCA. And that was the first day that Secretary Duffy started
his job, and I know how much that impacted him.
Sixty-seven people did not make it home after that
collision. Families lost loved ones in an instant in what
should have been a routine flight. And it happened in one of
the most crowded airspaces in the country, and I am concerned
that we--and I mean Congress--is moving in the wrong direction
as they--we added slots at DCA, then created exemptions
overriding Secretary Duffy for military aircraft operating in
that same airspace.
In airspace like that, the question is whether the entire
air traffic control system--people, technology, coordination--
can reliably manage the complexity we built into it.
So, we have made a serious downpayment on modernizing air
traffic control with the Infrastructure Investment and Jobs
Act, but that won't alone finish the job. So, my question is,
what are we missing?
I know this is a priority for yourself and Secretary Duffy.
It is also a priority--bipartisan priority--for us. What can we
do to further support you in that effort?
Mr. Bedford. Well, thank you so much for that offer of
support.
The FAA's charge is to maintain the safety of the NAS. That
is our mission, and we are going to stay on that mission. And I
don't know exactly what was contemplated in terms of some of
the legislation that is sort of moving around here, but I want
to assure this committee, I especially want to assure the
families of 5342: There is no going back; there is no rolling
back the safety procedures that we put in place since that
horrific evening.
So, I will assure the committee that, if you can continue
to help us advocate for our mission as being the custodians of
airspace safety and design, that would be appreciated. But I
can tell you, our vigilance isn't waning.
Ms. Hoyle of Oregon. Thank you. And can you talk about some
of the things that you have done and what you intend to do
within that air traffic control system to----
Mr. Bedford [interposing]. Absolutely.
Ms. Hoyle of Oregon [continuing]. Update it, long overdue
updating?
Mr. Bedford. Sure. So, prior to my onboarding at FAA--so
give credit to Secretary Duffy and Acting Administrator
Rocheleau and the rest of the team.
As you said, it was his first day on the job, and I know it
deeply moved him, and he is an excellent partner for me, a
great boss to have as we talk about modernizing the air traffic
control system.
His heart and the President's heart are clearly in the
right space here, as is Congress--so thank you again so much
for your continued support and advocacy and the checkbook. Very
much appreciated.
The agency quickly moved to deconflict the airspace. No
more mixed traffic in the Capital region airspace. Doesn't
happen anymore. Not going to happen in the future, let's be
clear.
Second thing is, we terminated all mixed--sorry, visual
separation. We don't allow visual separation any longer.
And then, of course, we have completely canceled several
helicopter routes. So we have essentially moved the helicopter
traffic out of the Capital region. It is certainly less
convenient for people who might otherwise have wanted to take
the shortcut, but if they want to fly, they can fly. They just
have to simply move around the traffic. So, they can still get
there; I want to be clear.
And I also want to make sure you understand the military
has been good partners for us in these changes. We have a
memorandum of agreement with the military. They have respected
that. They continue to respect it. I am not aware of any desire
to change that.
But, again, all of that learning has been embedded in that
operating agreement. And then we took that learning, and we
went across the Nation, and we looked for places where we saw
mixed-use traffic: Las Vegas; we saw some issues in the
Northeast, in some of the high-traffic corridors. And we have
implemented many of these same mitigations, and we have even
found some places where we see conflicts, like in Van Nuys and
Burbank, that we are working on.
So, again, there is tremendous safety data out there. We
just have to unlock it and be proactive with it.
Ms. Hoyle of Oregon. Thank you very much. And, although it
might be less convenient for military helicopters to get
somewhere--it will take them a few more minutes--it is a hell
of a lot less convenient when people die, because we can't get
them back.
So, I want to thank you and Secretary Duffy for your
efforts.
Mr. Bedford. Thank you for your support.
Mr. Nehls. The gentlelady yields.
I now recognize Mr. Carbajal.
Mr. Carbajal. Thank you, Mr. Chair.
First, I want to acknowledge the families that are here
today, those that were impacted and affected by the January 29
tragedy. I am sorry for your loss, and I want you to know that
we are committed to improving the safety of our aviation system
so that we do not have another tragedy like this.
Administrator Bedford, you have a tough job. Welcome. In
California, communities near both major airports and growing
spaceport activity are experiencing increased noise as
operations expand. This is something I consistently hear from
my constituents on the Central Coast.
How is the FAA addressing the cumulative noise impacts from
traditional aviation and commercial space launches, and does
the agency believe its current noise standards adequately
reflect these evolving operations?
Mr. Bedford. That is a really difficult question, sir, but
thank you for it all the same.
The cadence of space launches has increased exponentially.
It took us 35 years to get to 1,000 launches. We will do the
next 1,000 launches in less than 4 years. So, it's remarkable.
We are seeing launch cadence now across the NAS that are
multiple launches a day. It is both remarkable, and yet, it
creates significant demands on what we do to meet the
industry's tempo for commercial space development. But it is
also a fantastic time to be in aviation.
We are seeing the same challenges with drones, the same
challenges with advanced air mobility. And let's talk about
supersonic in 2027.
So the reality is, as we unlock all of these new
technologies and these new innovations, which, frankly, for our
economy, are amazing and to keep that innovation here in the
United States and to develop those competencies here with our
workforce, again, tremendous opportunity for economic growth.
But it is always going to come at a cost of noise. So I
don't know that we have great noise solutions other than what I
mentioned earlier, as part of our modernization process; we can
keep noise higher in the atmosphere than we do today with
modernization. As we go to strategic trajectory-based
management, we can actually have airplanes hit a point in space
in altitude through power-off descents into the airspace
environment and land safely.
And I think we can do a lot through our modernization
efforts to abate noise. But, again, we have got to finish that
job.
Mr. Carbajal. Thank you. I want to encourage you to work
with the Department of Defense, who is currently looking at the
supersonic noise issue, and continue to look at our standards.
Because, at the end of the day, if we don't look at the
thresholds of sound and the impact that they are having on
communities, we may not be mitigating as appropriately and as
effectively as we would like to.
So I want to encourage you to continue working with the
Department of Defense as well.
Mr. Bedford. Thank you.
Mr. Carbajal. Mr. Bedford, airports support innovative
approach procedures, such as optimized descent profiles to ease
airspace bottlenecks, improve airspace safety, and ease
community noise concerns. In congested airspace, like Florida,
New York, and southern California, such projects are vital to
expanding capacity to meet the growing demand for more flights.
How will the brandnew air traffic control system address
and expedite efforts to improve the airspace navigation across
the country?
Mr. Bedford. Well, I hope you appreciate the fact that I
actually just answered that question in my previous response.
But--so we are thinking exactly the same. Modernizing is
the key to unlocking more capacity and reducing noise, and the
way we will do that--and if I am being perfectly transparent
with you, we are going to need the second level of funding, the
second tranche of funding--I know the Secretary is on the Hill
today and tomorrow. So let me put a plug in for that.
The $12.5 billion that you have generously given us allows
us to do significant amount of work that prepares the NAS for
that final piece of modernization, which is we need to lift
the--essentially, the compute power and the data out of each
individual facility.
So, today, all of that power resides in 350 separate
facilities, and one facility can't see the data that the other
facility has, requiring significant human intervention to
tactically deconflict traffic. In the NAS of the future, we
will lift that compute power into the cloud along with an
operating system in the cloud that presents an ability to
manage traffic strategically versus tactically.
And that is what will unlock the ability to do trajectory-
based management and those power-off descents that you
mentioned in your question.
Mr. Carbajal. Thank you.
Mr. Chair, since I am the last one, may I indulge--can I
get an extra 30 seconds, please?
Mr. Nehls. Yes, sir. Go ahead.
Mr. Carbajal. Thank you, Mr. Chairman.
Mr. Bedford, it is my understanding that work related to
the FAA's rulemaking process, which is critical to safety,
innovation, and getting product to the marketplace, was greatly
impacted during the recent Government shutdown.
Can you share how the agency is working to address critical
rulemaking priorities that may have been affected and were
congressionally directed?
Mr. Bedford. Yes, sir, I can. Thank you.
First and foremost, reauthorization 2024 requires us
essentially to pull the Office of Rulemaking out of our AVS
line of business and put more line of sight for the
Administrator on the rulemaking process. Sort of early in my
tenure, to try to understand how rulemaking gets done here, I
got the primer; I got the education on it. It is not a pretty
process. I mean, it is not a process that is solely within the
FAA agency realm of influence.
So there is a myriad of process management improvement. I
think we can have a conversation about how to get that done
that will lead to more agility, and, frankly, more
responsiveness in terms of how we make rules.
But we have acted upon the 2024 reauth requirement to lift
the Office of Rulemaking out of our AVS line of business, put
more line of sight on it. And I think the rulemaking team has
done some great work with MOSAIC and now with BVLOS and soon to
be supersonic.
So, we are there. We want to get it done.
Mr. Carbajal. Thank you, Mr. Chair. I yield back.
Mr. Nehls. Thank you, Mr. Carbajal.
We are addressing the noise with the--it is called the
Supersonic Aviation Modernization Act, and we are going to
markup on Thursday with that, bipartisan. We have support. So,
we've got to address this outdated restriction; I think 1973.
But thank you for your time.
The gentleman yields.
Any further questions, any Members? I don't see any. This
concludes our hearing.
I thought it was fantastic. Thank you for being here with
us, Administrator Bedford. We look forward to working with you.
Whether the number is $20 billion, or whatever the number is, I
believe Mr. Carson and I are all about success and safety in
our NAS, and we want to be a force multiplier for you, sir, so
we can see success in the future.
With that, this hearing will be concluded. I would like to
thank you again.
The subcommittee stands adjourned.
[Whereupon, at 12:33 p.m., the subcommittee was adjourned.]
Submissions for the Record
----------
Letter of November 10, 2025, to Hon. Sam Graves, Chairman, and Hon.
Rick Larsen, Ranking Member, Committee on Transportation and
Infrastructure, from Darlene Yaplee, President and Cofounder, Aviation-
Impacted Communities Alliance, Submitted for the Record by Hon. Eleanor
Holmes Norton
November 10, 2025.
The Honorable Sam Graves,
Chairman,
Committee on Transportation and Infrastructure, U.S. House of
Representatives, 2165 Rayburn House Office Building,
Washington, DC 20515.
The Honorable Rick Larsen,
Ranking Member,
Committee on Transportation and Infrastructure, U.S. House of
Representatives, 2165 Rayburn House Office Building,
Washington, DC 20515.
Re: Realizing a Modernized, Proactive National Airspace System (NAS)
Is Airspace Capacity Infinite?
Dear Chairman Graves and Ranking Member Larsen:
The Aviation-Impacted Communities Alliance (AICA) appreciates the
leadership of the House Committee on Transportation and Infrastructure
(the House Committee) in examining the future of the National Airspace
System (NAS). With safety, staffing, and modernization at a crossroads,
this moment calls for solutions that recognize both the opportunities
and the limits of our shared airspace. AICA encourages Congress to
ensure that modernization efforts include a proactive system that links
staffing, aircraft types, and operational volume to objective safety
thresholds, making risk more visible, ensuring accountability, and
supporting balanced outcomes for all stakeholders, including
communities impacted by aviation operations, whose lived experience
reflects conditions in the NAS.
Background
Modernizing the NAS is essential for all, including the traveling
public and communities impacted by aviation. Congress has already
initiated the conversation, with the House Committee holding a March 4,
2025, hearing focused on safety, staffing, and modernization [1], and
the Senate Committee convening a related hearing on May 14, 2025 [2].
The Senate leaders emphasized solutions that work across user groups
and invited input to help shape the air traffic control system of the
future.
AICA welcomes this inclusive intent and emphasizes that those
residing under flight paths and near airports, whose lived experience
reflects the real-world consequences of NAS decisions, provide
essential context for modernization discussions. This perspective
recognizes that `stakeholders' include not only agencies and industry
participants but also residents and regions directly influenced by
aviation, whose lived experience offers critical insight into how the
system actually performs. A recent example of how communities and
industry can work together constructively to inform policy and support
balanced, data-driven modernization is the joint Federal Register
comment submitted to FAA in September 2025 by AICA, the National Air
Transportation Association (NATA), and the University Aviation
Association (UAA) [3].
Senator Ted Cruz, Chairman of the Senate Committee stated, ``Now is
the time for Congress to determine whether or not changes need to be
made, and what they look like.'' He asked pointedly, ``In an era of AI
and automation, is the current ATC system really the best we can do?''
He further underscored that ``the time of doing the same thing again
and again and expecting different results is over'' [4]. Senator Cruz's
comments underscore the need for timely, comprehensive action,
reflected in Congress's July 2025 approval of $12.5 billion to
modernize the nation's air traffic control system and bolster staffing.
Notably, the FAA has taken two recent steps towards a modernized,
proactive NAS:
Announced that it has met its 2025 hiring goal to add
2,000 air traffic controllers, with plans to hire an additional 2,200
controllers in 2026 [5].
Initiated an overhaul of the air traffic control system,
beginning with replacement of the current Traffic Flow Management
System (TFMS) with a new Flow Management Data and Services (FMDS)
system [6].
These actions represent progress toward a modernized, proactive NAS
and underscore the need for collaboration among all stakeholders. AICA,
representing more than 90 local and national organizations advocating
for bipartisan efforts to reduce noise and health impacts while
ensuring safe management of the NAS, builds on this momentum with
insight grounded in the lived experience of communities impacted by
aviation operations. AICA encourages Congress to embed objective safety
thresholds and transparent accountability within modernization
initiatives, so progress leads to lasting safety and public confidence.
AICA's perspective on airspace management is informed by two primary
considerations: first, that airspace capacity is inherently limited,
and second, that lived experience provides essential insight into how
these limits affect safety, operations, and communities.
Is Airspace Capacity Infinite?
Airspace capacity is finite. In reality, capacity in the NAS is
constrained by staffing, technology, operational complexity, and human
limits. Ignoring these limits puts safety at risk. Today's NAS already
manages a high number of operations, and increasing flights, new
aircraft types, and escalating complexity are being added in an
environment where staffing is not keeping pace and safeguards are
unclear. Recognizing that capacity is finite, objective thresholds are
essential, not only to identify risk but also to trigger timely action
and ensure accountability before incidents occur.
Lived Experience: A Human and Data Perspective on NAS Capacity
``Lived experience'' in airspace management reflects how NAS
capacity is experienced by people, both in the air and on the ground.
When airspace nears its limits, controllers manage higher workloads,
pilots and uncrewed aircraft navigate crowded skies, and communities
experience more concentrated overflights. These conditions can elevate
safety risks and test system and human limits. A lived-experience
approach connects these perspectives with operational data, including
counting the number of aircraft and their relative separation in shared
airspace to identify when the system is under stress and support
proactive, safety-focused capacity management. This same approach can
also inform local environmental evaluation and land-use planning by
ensuring analyses count the number of aviation noise events affecting a
given area and reflect on-the-ground community experience.
Set forth below is a more comprehensive discussion of AICA's
recommendations for successfully realizing a modernized, proactive NAS.
Executive Summary
AICA's Core Recommendation
All stakeholders, including communities impacted by aviation
operations share the goal of ensuring a safer, more resilient NAS that
benefits all. AICA requests that Congress adopt policies, rules,
regulations, and other actions to implement a modernized, proactive NAS
framework defined by the three critical themes below. This links FAA
staffing levels, aircraft types, operations volume, and airspace
complexity to objective, predefined thresholds that make risk visible,
trigger timely adjustments, and document who was notified, what actions
were taken, and the basis for those actions. This framework should also
leverage existing FAA data systems, accommodate emerging low-altitude
aircraft that will add operational volume and complexity, and
explicitly acknowledge that airspace capacity is finite and must be
managed proactively.
Three Critical Themes Supporting AICA's Core Recommendation
Safety improvements should be preventive rather than
reactive, guided by objective data before disruptions or accidents
reveal system weaknesses.
Existing operational data must be used proactively to
establish objective thresholds that make risk visible, guide timely
adjustments, and ensure accountability.
Airspace complexity is rapidly increasing as commercial,
General Aviation (GA), and Advanced Air Mobility (AAM, including
drones) operations converge within overlapping altitude bands,
underscoring that airspace capacity is finite and must be actively
managed as depicted in Figure 7 below [7]. Managing this complexity
requires input from all affected stakeholders, including those living
in aviation-impacted communities.
Figure 7: UAM Corridor with Multiple Tracks
FAA's Urban Air Mobility ConOps 2.0 [7] serves as a foundational
reference, depicting a notional ``layer cake'' of operations. This
depiction of the NAS structure, as shown in Figure 7, provides
important context for AICA's Core Recommendation. Although this graphic
offers a static view of safe en route separation among aircraft types
in the various altitude layers of the NAS, it does not indicate or
explain the safety issues as flights converge across layers (see
explanatory discussion in the Detailed Discussion and Considerations
section below).
This illustration underscores why a modernized NAS must manage
airspace capacity proactively to address safety risks as operations
converge across altitude layers. It also indicates that the future NAS
will be significantly more crowded than it is today, with numerous
aircraft types flying at various altitude levels, including low-flying
aircraft over cities, towns, and neighborhoods. Such conditions could
create safety and operational challenges and increase adverse noise,
health, and quality-of-life impacts on communities affected by aviation
operations.
Evidence Supporting AICA's Core Recommendation
1. Near-miss alerts at Ronald Reagan Washington National Airport
(DCA) reveal long-standing risks. The National Transportation Safety
Board (NTSB) Chair testified that ``between October 2021 and December
2024, there were over 15,200 near-miss events, including 85 cases where
vertical separation was under 200 feet'' [8].
2. Air traffic warnings at DCA underscore ignored concerns. At
DCA, controllers asked for relief from the ``feverish pace of
arrivals,'' but their concerns ``fell on deaf ears'' [9]. They had
recommended slowing arrivals as early as 2022, but ``it was not acted
on'' [9]. Before the 2025 midair collision, one controller described
the approach as a ``squeeze play,'' where ``everyone's just trying to
constantly make it work, make it work, make it work [sic]'' [9].
3. Controller shortages heighten public awareness of safety risks.
Recent reporting has shown that air traffic control facilities in major
metropolitan areas are operating at roughly 60 percent of target
staffing levels, leaving some with fewer than two-thirds of the
certified controllers needed. These shortages have drawn public
attention to the growing strain on safety and efficiency across the NAS
[10].
4. Helicopter crash in congested urban airspace underscores
oversight gaps. The helicopter crash in a major city underscores the
growing safety risks in congested urban airspace. Even with existing
rules, complex low-altitude environments demand stronger oversight,
coordination, and real-time accountability to prevent tragedies as new
aircraft such as eVTOLs and drones enter the same airspace [11].
5. United cuts flights before FAA caps at Newark (EWR). United's
CEO stated, ``over half a million customers . . . were delayed because
of air traffic control shortfalls in Newark alone'' [12]. United
canceled 35 daily roundtrips ``to protect our customers'' [12],
subsequently FAA imposed a cap on operations ``as a result of a
persistent number of flights above capacity at EWR'' [13].
6. Airlines emphasize substantial ATC strain. Airlines for America
testified to the House Committee that the ATC system is ``woefully
obsolescent, unreliable and inefficient due to a multitude of well-
documented critical staffing, facility, technology, equipment, funding
and investment deficiencies'' [1].
7. NATCA testimony underscores controller fatigue. In House
testimony, the National Air Traffic Controllers Association stated that
controllers ``continue to work short-staffed, often six days-a-week,
ten hours-a-day for years at a time,'' highlighting long-term safety
risks from sustained understaffing [1].
8. eVTOL test flight shows NAS coordination challenges. The trip
included a ``five-minute hold pattern at Monterey to allow spacing for
another airliner'' [14], demonstrating added complexity and safety
implications of new entrants in shared airspace.
9. Proposed BVLOS rule raises low-altitude safety concerns. FAA's
draft Beyond Visual Line of Sight (BVLOS) rule would allow drones to
operate below 400 feet AGL unless crewed aircraft are broadcasting
their position electronically, shifting right-of-way responsibility
based on signal visibility. Many low-altitude aircraft, including
helicopters and seaplanes, do not routinely use ADS-B Out, creating
situations where drones could legally operate near pilots unaware of
their presence and increasing collision risk in mixed-use airspace
[15].
10. Prototype flying car trials point to growing airspace
complexity. Trials at two airports ``will test operations in common air
traffic with other aircraft'' [16], underscoring increased complexity
and the need for robust air-traffic protocols.
Thank you for your leadership in addressing these urgent concerns.
Communities share with government, industry, and labor the common goals
of ensuring safety and strengthening the National Airspace System for
the benefit of all. We appreciate the opportunity to contribute to this
discussion and look forward to continued engagement as Congress
advances this critical work.
Below are the Detailed Discussion and Considerations sections that
supports AICA's Core Recommendation.
Respectfully submitted,
Darlene Yaplee,
President and Cofounder, Aviation-Impacted Communities Alliance
(AICA).
cc: Members, Committee on Transportation and Infrastructure, U.S.
House of Representatives
Members, Quiet Skies Caucus
Members, Aviation-Impacted Communities Alliance
Supporting Organizations
National Organizations
aiREFORM
Aviation-Impacted Communities Alliance (AICA)
Citizens for Quiet Skies
National Quiet Skies Coalition
NextGenNoise.Org
Quiet Communities, Inc.
Sky Justice National Network
State/Local Organizations
Advocates for Viable Airport Solutions, CA
Airport Concerned Citizens (ACC) of Georgetown, TX
Airport Impact Relief Incorporated (AIR Inc.), MA
Alliance for a Regional Solution to Airport Congestion (ARSAC), CA
Arlington County Quiet Skies Coalition (ACQSC), VA
ATL Neighbors Needing Quiet Skies, GA
Bay Area Jet Noise, CA
Brooklyn Quiet Skies, NY
Bucks Residents for Responsible Airport Management (BRRAM), PA
Citizens Advocating Safe Aviation, CA
Citizens Against Airport Noise and Pollution (CAANP), CA
Citizens Against Gillespie Expansion and Low Flying Aircraft
(C.A.G.E.L.F.A), CA
Citizens for Airpark Safety, MD
Claremont Town Council, San Diego, CA
Clow.NoNoise.CleanAir, IL
Coalition to Transform East Hampton Airport, NY
Concerned Residents of Palo Alto, CA
DC Metroplex BWI Community Roundtable, MD
FAiR Chicago, IL
FumeFighters United VNY, CA
GrotonAyerBuzz of Ayer, MA
GRRift (Gilpin Residents Refuse Increased Flight Traffic), CO
H.A.R.N.E.S.S. (Helping Aviation Respect Neighbors, Environments,
Sustainability, and Silence), OR
Hawthorne Quiet Skies, CA
HICoP (Hawaii Island Coalition Malama Pono), HI
Hull Neighbors for Quiet Skies, MA
Keep It Down Up There, CA
Logan Aircraft Noise Working Group, MA
Long Beach SANER (Small Aircraft NoisE Reduction Group), CA
Los Angeles Area Helicopter Noise Coalition (LAAHNC), CA
Lower Makefield Township Trenton-Mercer Airport Review Panel, PA
Melrose Place Against Nuisance, Baton Rouge, LA
Montgomery County Quiet Skies Coalition, MD
North Bayside Civic Association, NY
Oregon Aviation Watch, OR
Portland International Jetport (PWM) Noise Advisory Committee--South
Portland Representative, ME
Plane Sense 4 Long Island, NY
Quiet Florida, FL
Quiet Skies, AL
Quiet Skies Boulder County, CO
Quiet Skies Coalition, WA
Quiet Skies Hawaii, HI
Quiet Skies Jefferson County, CO
Quiet Skies LA, CA
Quiet Skies La Jolla/San Diego, CA
Quiet Skies Lake Arrowhead, CA
Quiet Skies Maui, HI
Quiet Skies Northeast Miami-Dade County, FL
Quiet Skies Over Arapahoe County, CO
QuietskiesPacifica94044, CA
Quiet Skies Puget Sound, WA
Quiet Skies Santa Monica Mountains, CA
Quiet Skies Woodland Hills, CA
Reduce Jet Noise Naples, FL
San Francisco's Concerned Residents Experiencing Annoying Aircraft
Maneuvers (S.C.R.E.A.A.M.), CA
Save Our Skies Alliance, CO
Save Our Skies LA (SOSLA), CA
Save Our Skies Santa Cruz, CA
SCANA (Scottsdale Coalition for Airplane Noise Abatement), AZ
Serra Mesa Community Council, CA
Sherman Oaks & Encino for Quiet Skies, CA
Sky Posse Los Altos, CA
South Flow Alliance, VA
Stop OAK Expansion Coalition, CA
STOP Jet Noise NOW! SFOAK North S.F. Bay Area, CA
Still Protecting Our Newport (SPON), CA
Stop the Chop, NY/NJ
Studio City for Quiet Skies, CA
Sunnyvale / Cupertino Airplane Noise Group, CA
Teachers and Students Supporting Quiet Skies--San Diego, CA
Trenton Threatened Skies, NJ
Truckee Communities for a Better Airport, CA
Twin Cities Metro Airport Neighbors for Change, MN
UproarLA, CA
Vashon Island Fair Skies, WA
West Adams for Quiet Skies, CA
__________
Detailed Discussion and Considerations
The following sections provide context, evidence, and
recommendations that expand on the Executive Summary of AICA's letter,
offering a framework to inform the design of a modernized, proactive
NAS.
Part 1: Shared Understanding Among Stakeholders, Including Communities
Impacted by Aircraft Operations
As Congress and stakeholders consider the path forward on airspace
modernization, there is broad agreement that the system must be safer,
more resilient, and better prepared for the future. In this context,
AICA interprets ``stakeholders'' to include not only aviation entities
but also communities impacted by aviation operations, whose lived
experience provides essential insight into system performance. Several
themes illustrate this shared understanding.
Priority Among Stakeholders
As Chairman of the Senate Committee, Ted Cruz emphasized,
``Everyone has a role in preventing the next accident'' [4].
Communities impacted by aviation operations also share this
responsibility by offering input and recommendations that, together
with those of other stakeholders, support efforts to prevent the next
accident.
The bipartisan passage of the FAA Reauthorization Act of 2024
reflected a broad consensus that modernizing the nation's airspace is a
shared priority. As Pete Bunce, President and CEO of the General
Aviation Manufacturers Association (GAMA), testified at the House
Aviation Subcommittee, ``this Committee, as it did with the FAA
Reauthorization Act of 2024, will respond with true leadership and a
focus on consensus and bipartisan support'' [1]. AICA notes that
achieving this consensus requires continued collaboration among all
stakeholders, including those living near airports and under flight
paths.
Urgency of Action
Nicholas Calio, President and CEO for Airlines for America (A4A),
testified before the House Committee that the U.S. air traffic control
system is ``woefully obsolescent, unreliable and inefficient due to a
multitude of well-documented critical staffing, facility, technology,
equipment, funding, and investment deficiencies'' [1]. His statement
reflects the view of many stakeholders that the current system is
struggling to meet today's demands. People experiencing heavy air
traffic and overflights encounter these same strains through more
frequent routes, increasing local exposure to safety risks and noise
impacts.
Modernization: Address Today, Prepare for Tomorrow
In the Senate Committee testimony, Jodi Baker, FAA Deputy Associate
Administrator for Aviation Safety, noted the need to ``enhance the
safety of the national airspace system (NAS) for current users'' while
also preparing to accommodate new entrants such as Advanced Air
Mobility (AAM) [2]. These new entrants are already emerging, and
modernization must account for their impacts on safety, staffing, and
the coordination of different types of operations within the NAS with
community considerations addressed alongside operational and economic
priorities.
Doing Things Differently
As Chairman Ted Cruz stated, ``Now is the time for Congress to
determine whether or not changes need to be made, and what they look
like'' and asked, ``In an era of AI and automation, is the current ATC
system really the best we can do?'' He further underscored that ``the
time of doing the same thing again and again and expecting different
results is over'' [4]. Dave Spero, Professional Aviation Safety
Specialists (PASS), reinforced this same theme from a labor
perspective, testifying at a House hearing that FAA needs to be willing
to ``take a different approach if we want different outcomes'' [1].
AICA concurs that achieving different outcomes will require new
approaches that engage all stakeholders in shaping modernization
policy.
Resourcing alone may address current shortfalls but will not
prepare the NAS for future complexity. AAM, and rising GA traffic that
will result from regulatory changes such as the FAA's Modernization of
Special Airworthiness Certification (MOSAIC) rule and, add both volume
and operational variety.
Part 2: Resourcing and Safety in a Shared Airspace
Ensuring safety in the NAS requires more than addressing current
staffing gaps. This section illustrates how under-resourcing and
growing airspace complexity highlight the need for a proactive system
that addresses risks early, before they require reactive measures.
FAA Caps at Newark (EWR) Follow United's Cuts
At Newark, major operational disruptions occurred when, as United
Airlines CEO Scott Kirby noted for the month of November, ``over half a
million customers . . . were delayed because of air traffic control
shortfalls in Newark alone'' [12]. In response, Kirby announced that
United would cancel 35 daily round-trip flights, stating, ``we feel
like there is no other choice in order to protect our customers'' [12].
FAA subsequently took the unusual step of explicitly citing
staffing-related safety concerns in reducing the number of scheduled
flights at a major airport. On May 23, 2025, the agency issued an
Interim Order capping Newark operations after persistent demand
exceeded capacity and delays cascaded across the NAS [17]. The order
cited staffing shortfalls at the Philadelphia TRACON (PHL) and
construction-related disruptions as contributing factors. According to
the order, ``PHL's targeted staffing number is 114 Certified
Professional Controllers (CPCs); the current onboard number at PHL is
82, representing 71.9% staffed. Area C, overseeing the Newark area, has
a targeted staffing number of 38 CPCs, with its current staff of 24
CPCs representing 63% staffed'' [17]. The cap was later formalized as a
limit of 77 operations per hour through December 31, 2025, under a June
10 order [18]. Subsequently, in August 2025, FAA published a Notice of
Request for Comment proposing to continue operational limits, lowering
the cap to 72 operations per hour and extending restrictions through
October 24, 2026 [19].
Breadth of Resourcing Gaps
The Government Accountability Office (GAO) recently warned that the
number of meteorologists working with FAA air traffic controllers is
``critically low,'' with only 69 currently on staff compared to the
agreed-upon 81 and the 90 originally stipulated, despite a staffing
model calling for four per Air Route Traffic Control Center. This
shortage has led to ``burnout, fatigue, and low morale'' among the
remaining meteorologists [20].
Collision Highlights Challenges of Mixed Airspace
A commercial airliner struck a weather balloon near a major
airport, underscoring the growing challenge of maintaining safe
separation among diverse airspace users. As commercial, GA, and non-
traditional vehicles share the same controlled airspace, the incident
illustrates the need to modernize detection, tracking, and
communication systems to prevent similar events [21].
Emerging Entrant Operational Complexity
In one certification-related test flight between two airports, an
eVTOL was required to spend ``five minutes in a holding pattern to
allow an airliner to land,'' demonstrating how these aircraft must
cooperate with commercial traffic flying into congested airports. This
reaffirmed the operational complexity of shared airspace and the
potential safety challenges of integrating new entrants [14].
Flying-Car Trials Highlight Airspace Growth and Coordination Challenges
Prototypes are already underway and have received approval to begin
flying-car test trials at Half Moon Bay and Hollister airports, where
they ``will test integration into common air traffic alongside other
aircraft'' [16], underscoring operational complexity and the need for
stricter air-traffic protocols. The testing ``will include driving,
vertical takeoff, forward flight, vertical landing, and maneuvering
both on the ground and in the air'' [16]. The prototype ``is expected
to cost around $300,000'' and the company ``has already received more
than 3,200 pre-orders'' [16].
Additional Safety Risks in Controlled and Uncontrolled Low-Altitude
Environments
As operations expand across controlled and uncontrolled low-
altitude environments, significant safety challenges are emerging in
areas where oversight varies, traffic is increasing, and traditional
and new entrants now share the same airspace. Many of these risks occur
near airports, in approach corridors, and in other transitional zones
where aircraft with differing operational characteristics interact in
close proximity. The following examples highlight existing risks and
challenges that must be addressed in any modernized, proactive NAS
framework.
Urban helicopter crash highlights risks in dense, mixed-
use corridors. A fatal helicopter crash in a major city illustrates how
dense, low-altitude airspace can outpace current oversight and
coordination. In complex urban environments, multiple operators share
constrained corridors near people and infrastructure. Stronger real-
time coordination, clear responsibility for deconfliction, and
transparent accountability are needed, especially as eVTOLs and drones
expand operations in the same airspace [11].
Drone near-miss reports reveal growing hazards. The NASA
Aviation Safety Reporting System (ASRS) received 50 drone-related
reports in July 2025, including 13 near-midair collisions involving
commercial flights, GA aircraft, helicopters, or air ambulances.
Because reporting is voluntary, these figures likely underrepresent the
true scale of safety risks [22].
AIM data point to low-altitude collision risk. The
Aeronautical Information Manual (AIM) states that ``a high percentage
of near midair collisions occur below 8,000 feet AGL and within 30
miles of an airport'' [23]. Low-altitude operations, including
helicopters and AAM, share this congested airspace with uncrewed
aircraft that often lack ATC communication or visibility, heightening
conflict potential.
NTSB data show higher accident rates for GA and
helicopters. Helicopters have an accident rate 26 times higher than
commercial airliners (3.92 vs. 0.15 per 100,000 flight hours) and a
fatal accident rate 230 times higher (0.690 vs. 0.003) [24]. Privately
owned aircraft have an accident rate 35 times higher and a fatal rate
317 times higher [24]. Over 2012-2021, GA averaged 1,237 accidents
annually, with 227 fatal accidents (18%) and 382 fatalities per year
[24]. Given their short-haul, low-altitude operations, AAM accident
rates are likely to align more closely with GA than with commercial
aviation.
GA operations, including private jets, already strain ATC
capacity. GA accounts for a significant share of controlled operations,
with private jets representing about one out of six flights managed by
FAA air traffic control [25]. As AAM operations are added, the burden
on both staffing and capacity will continue to rise.
Midair collision highlights ongoing GA safety risks. Two
general aviation aircraft collided in Colorado in August 2025,
resulting in one fatality and causing both planes to catch fire after
impact, illustrating risks that exist before adding new vehicle types
to shared airspace [26].
Ultralight eVTOL operations reveal regulatory gaps. The
introduction of ultralight eVTOLs like the BlackFly operating in
uncontrolled airspace, with no pilot license, medical certificate, or
aircraft registration required, reveals a major gap in airspace
oversight and safety accountability [27].
Delivery drone crash exposes oversight and safety risks.
A delivery drone struck power lines and caused a fire, demonstrating
that even isolated, uncrewed operations can pose significant safety and
infrastructure hazards that require stronger oversight and real-time
coordination [28].
Paraglider and drone collision illustrates recreational
airspace risk. A drone collided with a paraglider in uncontrolled
airspace near a gliderport, forcing the paraglider to make an emergency
landing and revealing growing risks in recreational environments [29].
Widespread Uncrewed Aircraft System (UAS) incursions
disrupt wildfire response. During the Palisades Fire, unauthorized
drone activity overwhelmed restricted airspace, with approximately 500
drones detected inside the Temporary Flight Restriction zone. A total
of 732 flights were recorded, involving 419 unique drone IDs; 223
exceeded 400 feet AGL, and 90 occurred at night. These incursions
forced multiple firefighting aircraft to alter flight paths to avoid
and exposed systemic risks from uncoordinated UAS in emergency airspace
[30].
Firefighting aircraft collision underscores coordination
failures. In the same wildfire response, a privately operated drone
violated restricted airspace and struck a firefighting aircraft,
puncturing its wing and forcing it out of service during active
suppression efforts. The incident shows that even with Temporary Flight
Restrictions in place, current detection and enforcement systems remain
inadequate to prevent unauthorized UAS activity [31].
Part 3: The Need for Objective Thresholds Linking Staffing and Safety
Without objective thresholds linking staffing and safety, the NAS
tends to be more reactive and dependent on interpretation. Unheeded
warnings, expert findings, and oversight reports all point to the need
for clear, predefined thresholds that make risk visible, enable timely
adjustments, and strengthen accountability.
Warnings Not Acted On
At the Senate Committee hearing on March 27, 2025, NTSB Chair
Jennifer Homendy testified that ``between October 2021 and December
2024, there were over 15,200 near-miss events, including 85 cases where
vertical separation was under 200 feet'' [8]. Her remarks highlight a
systemic issue: signals of risk are reported, yet they remain subject
to interpretation and discretionary judgment instead of being tied to
objective thresholds that would signal when operational risk has
reached a critical level and trigger cautionary adjustments.
Independent Expert Recommendations
The Transportation Research Board's (TRB) Special Report 357
recommended that FAA ``validate its facility models using risk
indicators'' [32]. The Board further concluded that unfinished work to
understand the relationship between staffing levels and safety leaves
current staffing approaches without a safety-integrated foundation. It
also noted that the Office of Finance and Management (AFN) staffing
model ``does not sufficiently take into account the unique operating
conditions at particular local facilities'' [31], underscoring the
risks of applying one-size-fits-all standards to very different
airspace environments.
Data Inputs for Uncrewed Systems: Turning Data into Actionable
Thresholds
FAA has proposed new data reporting requirements for drones,
including flight hours, reliability, altitude, speed, location, and
incident data. A future system should ensure that these inputs are
collected, analyzed, and translated into objective thresholds that can
guide staffing or operational adjustments, making the data actionable
for safety and accountability [15].
Unheeded Warnings at DCA
At Reagan National Airport, controllers asked for relief from what
one described as the ``feverish pace of arrivals,'' but their concerns
``fell on deaf ears'' [9], an FAA manager testified that controllers
had recommended slowing arrivals as early as 2022, but ``it was not
acted on.'' [9] When asked at the NTSB inquest whether more operations
were still being applied than what controllers had recommended in 2022
and 2023, he answered, ``Yes. It needs to be addressed and we didn't
address it'' [9]. Before the 2025 midair, one controller described the
approach as a ``squeeze play,'' where ``everyone's just trying to
constantly make it work, make it work, make it work [sic]'' [9].
Contractor Warning on Unhealthy Staffing Levels at DCA
At FAA's request, a contractor, who conducted compliance
verifications at Reagan National from 2017 to 2023, observed tower
operations two years before the collision and testified that staffing
levels were ``not necessarily healthy.'' He recommended additional
staff support but was told to ``quit bringing it up'' [9].
Objective Thresholds Already Guide Aviation Safety
Other parts of aviation already operate with clear, objective
thresholds. Flight attendants and pilots are subject to duty and rest
limits: once they exceed a set number of hours, they cannot continue
flying, regardless of circumstances. Passengers are familiar with the
consequences, such as delays or cancellations when a new crew is
required, and they also recognize these limits as safeguards for
fatigue and safety. In the same way, objective thresholds for
controllers could establish caution zones that make staffing and
fatigue risks visible before errors occur and provide a stronger link
between staffing conditions and safety outcomes.
Oversight and Research Point to Systemic Safety Risks
The GAO warned of ``compounding effects . . . on the safety and
efficiency of the NAS'' [20], citing controller shortages and system
failures. The DOT Office of Inspector General (OIG) adds that FAA
``continues to face staffing challenges and lacks a plan to address
them, which in turn poses a risk to the continuity of air traffic
operations'' [33], NASA human factors research supports this
conclusion: workload thresholds are ``critical'' for evaluating system
design, and studies caution that complex systems can ``drift into
safety margins'' over time if risks are not systematically tracked and
addressed [34].
Labor Testimony Confirms On-the-Ground Staffing Shortfalls
Testimony to the House Committee hearing reinforced this reality:
Nick Daniels, President of National Air Traffic Controllers Association
(NATCA), stated that controllers ``continue to work short-staffed,
often six days-a-week, ten hours-a-day for years at a time'' [1], while
Dave Spero, President of Professional Aviation Safety Specialists
(PASS), testified that staffing models reveal ``a significant shortfall
of at least 800 airway transportation systems specialists in the
workforce'' [1].
Part 4: Considerations for a 21st Century NAS
Designing a Proactive and Data-Driven NAS Framework
Part 3 highlighted that while today's NAS has processes to manage
staffing and safety, they rely heavily on interpretation and tend to be
reactive. A future modernized, proactive NAS should build on what
exists to create a framework that links FAA staffing levels, aircraft
types, operations volume, and airspace complexity to objective,
predefined thresholds. These thresholds would make risk levels visible,
trigger timely adjustments, and document who was notified, what actions
were taken, and the basis for those actions. The system must also
account for the expected growth in operations and the introduction of
new types of aircraft, including AAM and future supersonic services,
recognizing that airspace capacity is finite. The following
considerations are not prescriptive directions but recommendations to
inform the design of a system that is proactive, data-driven, and
accountable.
Building on this precedent, the NAS could adopt a system that
provides automated or procedural alerts when thresholds are reached and
creates a clear record of those events. This would reduce reliance on
whether a complaint is made or heard and instead assign responsibility
for addressing identified risks. It would also allow a more consistent
assessment of risk using historical data, an approach recommended by
the TRB and essential to strengthening accountability.
Identifying Overlaps Across Altitude Bands
Altitude is a key factor in assessing shared-airspace risks. FAA's
Urban Air Mobility ConOps 2.0 [7] is a foundational starting point,
illustrating a notional `layer cake' of operations. Figure 7, shown
earlier, is included again here for reference to show how altitude
overlaps create shared-airspace risks that affect NAS capacity and
safety. The figure demonstrates why a proactive NAS must address
convergence across altitude layers before safety margins erode. The
depiction, taken from ConOps 2.0, shows a UAM corridor with multiple
tracks. However, the ConOps remains conceptual and does not explain in
sufficient detail how overlaps across altitude bands will be managed in
practice.
A future modernized, proactive NAS should therefore establish a
consolidated, data-driven depiction of how different categories of
aircraft actually operate within and across altitude bands, what the
dependencies and potential risks are for each band, and who is
responsible for managing safety within those bands. Linking operational
data to objective thresholds can clarify when airspace congestion
approaches defined safety limits and when mitigation is required. The
resulting information should be published in a transparent and
accessible form so stakeholders, including those living in aviation-
impacted communities, can understand both how the operations are
expected to work and who holds accountability.
Figure 7: UAM Corridor with Multiple Tracks
Leveraging Existing FAA Systems for Thresholds and Accountability
FAA already operates systems that could support the development of
data-driven thresholds. The System Wide Information Management (SWIM)
platform provides the operational data backbone, and the Aviation
Safety Information Analysis and Sharing (ASIAS) system offers a safety
analysis environment. In addition, onboard safety systems such as the
Traffic Alert and Collision Avoidance System (TCAS) monitor aircraft
separation and provide alerts and advisories when safety margins are at
risk. While these sources contain valuable data and proven safeguards,
they are not currently integrated or used to establish cautionary
thresholds, track when safety margins begin to degrade, or create
visible accountability for who reviewed the data, what actions were
taken, and when. A modernized, proactive NAS should build on these
capabilities and expand participation to include GA, AAM, and
supersonic operations.
Oversight and Sufficient Staffing for Non-FAA Service Providers
As the NAS incorporates AAM, FAA will increasingly rely on third-
party UAS/UAM Service Suppliers (USS) and other non-FAA providers to
manage corridors and related operations. Any future NAS Capacity and
Safety System must account for this shift by ensuring that FAA has
sufficient staffing to oversee these providers and that each provider
demonstrates adequate staffing to manage operations safely. Governance
mechanisms will also be needed to adjudicate demand when multiple
operators request the same slots, using neutral rules that ensure
fairness and prevent conflicts of interest. In addition, a system of
caution tiers could help reveal when safety risks are increasing or
persisting within corridor operations, providing clear triggers to
guide both oversight and accountability.
Incorporating Fatigue and Scheduling Safeguards
TRB Special Report 357 emphasized the need for robust Fatigue Risk
Management Systems (FRMS) combined with prescriptive fatigue rules,
efficient shift-scheduling tools, and structured staffing input so that
facility-level realities are incorporated consistently [32]. These
measures ensure that thresholds account not only for the number of
operations but also for human capacity to manage them.
Human-Centered Design and Cognitive Limits
A 21st century system should recognize human limits in managing
complexity. Research shows that people can effectively manage only a
small number of variables at one time [35], and that exceeding this
capacity erodes safety margins. These variables represent categories of
factors such as traffic volume, vehicle types, weather conditions,
coordination demands, and equipment issues, each of which could include
multiple interactions that must be tracked and balanced in real time.
Fatigue further constrains human performance, reducing the capacity to
manage these interactions safely and consistently.
Detection, Identification, and Accountability in Congested Airspace
Low altitude environments present unique risks as the airspace
becomes increasingly congested and traditional surveillance is less
reliable. ADS-B performance can degrade in dense drone operations and
detect-and-avoid technologies must be robust for drones and AAM. FAA's
proposed BVLOS rule [15] would allow drones to operate below 400 feet
AGL unless crewed aircraft are broadcasting their position
electronically, shifting right-of-way responsibility based on signal
visibility. Many low-altitude aircraft, including helicopters and
seaplanes, do not routinely use ADS-B Out, creating situations where
drones could legally operate near pilots unaware of their presence and
increasing collision risk in mixed-use airspace. Clear mechanisms for
detection, identification, and tracking must encompass all aviation
vehicles, including crewed, uncrewed, and emerging AAM operations, to
ensure accountability and maintain safety across shared airspace.
Community Engagement, Transparency and Safety Concerns
A future NAS system should ensure early and transparent community
engagement by notifying communities and involving them in the planning
and introduction of new aircraft, vertiports, corridors, and procedures
so that engagement informs decision making before implementations
begin. This should include a structured process to gather community
input through comments and responses, conduct post-implementation
analyses, and take appropriate actions or remedies in which the
community participates. Integrating the lived experience of affected
communities into these steps will help ensure that modernization
reflects real-world impacts and strengthens trust, accountability, and
shared responsibility across the system.
Conclusion
Modernization must move from reactive responses to a proactive
framework that uses objective thresholds to manage staffing,
technology, and complexity. Recognizing that airspace capacity is
finite, a data-driven and proactive approach will strengthen safety,
transparency, and resilience across the NAS for all, while ensuring
that communities impacted by aviation operations are meaningfully
included as stakeholders in shaping and monitoring outcomes. Congress
should codify these thresholds and accountability measures to
institutionalize a proactive, systemwide approach to safety.
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eventsingle.aspx?EventID=408260&utm_
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Appendix
----------
Questions to Hon. Bryan Bedford, Administrator, Federal Aviation
Administration, U.S. Department of Transportation, from Hon. Troy E.
Nehls
Question 1. As you are aware, section 927 of the FAA
Reauthorization Act of 2024, Congress gives the Federal Aviation
Administration (FAA) the authority to wave applicable parts of title
14, Code of Federal Regulations, without initiating a rulemaking or
imposing the requirements of part 11 of title 14, Code of Federal
Regulations, to the extent consistent with aviation safety. The intent
was to empower the FAA so that it could reduce the time it takes to get
approval for aircraft, such as drones, to operate and conduct testing
in the national airspace.
What is the status with respect to the implementation of section
927? It is the Committee's understanding that the issuance of all
section 927 submissions is on hold. Is there an issue with the
authority granted to the FAA? If so, what is the issue and how long
will it take to resolve the situation?
Answer. The FAA has published a notice in the Federal Register,
informing the public how the FAA will implement Sec. 927.
Question 2. The Indefinite Delivery/Indefinite Quantity (IDIQ)
contracts allow the Texas Department of Transportation (TxDOT), when
acting as an agent for construction on behalf of a general aviation
airport, to select several vendors through a competitive bid process
based on qualifications. These vendors are then called upon on a
sequential basis to execute projects, with TxDOT executing a new work
authorization specific to the new project, rather than putting each
project out to bid on a case-by-case basis. Not only is this process
more efficient, saving months of time on each project, but it follows
Texas state law and does not conflict with any Federal law. TxDOT has
been using IDIQ contracts on non-aviation projects without issue for
several years. General aviation airports would retain the option to
execute their project without TxDOT acting as their agent; this process
would only be used when TxDOT does act as the agent for a GA airport.
Despite this, the FAA's Southwest Region Division Office has informed
TxDOT that we cannot use IDIQs contracts for general aviation projects
with Federal dollars on them, because it conflicts with this Advisory
Circular (AC). This is perplexing, given that the AC does not
explicitly prohibit IDIQs, and ACs are non-binding guidance documents.
TxDOT has reviewed the CFR and confirmed the allowability of IDIQs.
Given that general aviation airports retain their ability to act as
their own agent, will the FAA allow TxDOT to use the tools it has as a
state, which are in accordance with Federal and state law, to execute
IDIQ contracts on projects where the state is acting as the agent at a
general aviation airport's request?
Answer. The FAA has been working with TXDOT after identifying
issues with a new IDIQ procurement process used by the State to solicit
qualified consultant services, including both design and engineering,
for federally funded capital development projects. For context, Texas
(TXDOT) participates in the FAA's State Block Grant Program (49 U.S.C.
Sec. 47128) and has entered into a Memorandum of Agreement (MOA) with
the FAA as required by 49 U.S.C. Sec. 47128(f). The MOA outlines
specific requirements for participation in the program, including
accepting the application of AC 150/5100-14E, Architectural,
Engineering, and Planning Consultant Services for Airport Grant
Projects.
The FAA's block grant program is somewhat unique in that airports
receive federal funding appropriated by Congress and allocated under
the requirements set forth in 49 U.S.C. chapter 471. TXDOT, acting as
an agent of the FAA, works with airports participating in the block
grant program to ensure grant administration and procurement is
conducted in accordance with 49 U.S.C. chapter 471, the Uniform
Administrative Requirements, Cost Principles, Audit Requirements for
Federal Awards (2 CFR part 200), applicable Advisory Circulars, and the
State Block Grant MOA.
The IDIQ process used by TXDOT does not comply with the State Block
Grant Program MOA or the grant agreements signed by airport sponsors.
Moreover, it does not meet the standards for grant procurement set by
49 U.S.C. Sec. 47107(17) and 2 CFR part 200. Provisions part 200 allow
states to apply the same policies and procedures that those states use
for non-federal funds. However, states themselves must be recipients of
federal funds to avail themselves of those provisions. TXDOT is not a
recipient of federal funds under the FAA's State Block Grant Program.
We will continue to work with TXDOT to address issues with the
procurement process to ensure open and fair competition and timely
project implementation.
Question 3. Certain Airport Improvement Program (AIP) projects
require a Reimbursable Agreement (RA) with the FAA. The way this
process currently operates is burdensome and costly for Texas and its
airports, as well as other states in the FAA's state block grant
program. TxDOT is required to pre-pay the FAA to perform their duties
on a project. The FAA does not allow any negotiation of their rate, nor
its determination of the rate, nor the work they intend to perform.
Once an RA is signed, the FAA does not always fulfill its obligations
to TxDOT as agreed upon. The process for closing out an RA presents
even more challenges, because the FAA often takes years to do the
closeout and as a result, continues to draw down from the funds that
TxDOT has pre-paid. TxDOT does not receive an itemized receipt from the
FAA and getting the remainder of pre-payment refunded can take years.
TxDOT recommends that this process be overhauled to mitigate the costs
and delays that are being imposed on states and airports and has
suggestions for what a more fair and reasonable process would look
like.
Can you describe your commitment to working with TxDOT and other
block grant states to reform the reimbursable agreement process in a
way that is fair and cost-efficient?
Answer. The FAA is committed to working collaboratively with TxDOT
and all state block grant partners to improve the reimbursable
agreement (RA) process so it is fair, transparent, cost efficient, and
consistent with applicable statutory and appropriations requirements.
Over the past year, the FAA has taken steps to improve the RA process
for flight inspections. The FAA has posted guidance on its public
website for airport sponsors that clarifies inspection requirements and
lists the information that must be submitted to request an RA for a
flight inspection. As part of our efforts to increase transparency, the
FAA notified airport sponsors, including TxDOT, of the FY 2026 flight
hour rate increases in advance to support their planning and budgeting.
The FAA also provides TxDOT and other state RA sponsors with updates
quarterly or as requested, on flight inspections performed and the
remaining balance of RA funds, to provide visibility into project
status and expenditures.
In the near future, the FAA plans to post an automated form for
airport sponsors to submit RA requests and publish flight inspection
commissioning guidance so sponsors know when flight inspections are
required, which will reduce duplicate or unnecessary inspections,
saving resources. In addition, the FAA is implementing efficiencies to
streamline RA closeouts so that refunds of any unused RA funds can be
issued in a shorter amount of time. The FAA is committed to engaging
with TxDOT and other block grant states to identify and implement
further improvements that reduce administrative burden while
maintaining safety and the responsible use of resources.
Question 4. The current process by which the FAA completes flight
checks at general aviation airports is cumbersome and costly in both
time and money for TxDOT. The FAA controls all elements of the flight
check process and does not allow states to hire contractors, who in the
past have done the work faster and at a lower cost. TxDOT is required
to get on the FAA's schedule for a flight check, which often requires
scheduling 4 to 6 months in advance, only to find that the FAA does not
respect its own timeline. TxDOT has experienced instances where the FAA
has tried to move up the timeline or canceled at the last minute. These
instances pose significant logistical and financial burdens for TxDOT,
as the state's project team is needed on-site for FAA flight checks.
TxDOT recommends that this process be expanded to contractors, and to
qualified/certified state aviation authorities. While a legislative
solution is not required, TxDOT is aware of the draft text for the
Advancing Infrastructure Reforms with Service Providers for Aviation
Capacity and Efficiency (AIRSPACE) Act which would allow third party
contractors to conduct flight checks. While we support any measure that
allows for increased flexibility and efficiency, it is key to expanding
this capability to qualified state aviation departments as well as
third party contractors.
Will you support expanding flight check capabilities to third party
contractors and qualified state aviation departments?
Answer. The FAA supports evaluating and, where safe and
practicable, enabling qualified third-party contractors and certified
state aviation departments to perform flight validation through our
established non-FAA service provider program. Advisory Circular 90-
113C, Instrument Flight Procedures Validation (IFPV) of Performance-
Based Navigation (PBN) Instrument Flight Procedures (IFP), provides the
means for non-FAA service providers to gain FAA authorization and then
conduct flight validation of performance-based instrument flight
procedures. Interested third parties require authorization to act as
non-FAA service providers. Numerous service providers with FAA
authorization currently conduct flight validation events for public and
private procedures they maintain.
AC 90-113C does not cover ground-based procedure flight
inspections, which are currently only conducted by the FAA.
Question 5. Modern aviation safety programs are proven, data-driven
tools operating within FAA-mandated Safety Management Systems. These
programs were conceived, advocated, and built in partnership with labor
groups, whose involvement created trust, enabled voluntary safety
reporting, and improved both operational safety and organizational
stability. The success of these programs depends fundamentally on
employee and union participation, access to safety data, and protection
from reprisal. Excluding employee groups undermines trust, degrades the
quality and quantity of safety data, and threatens the effectiveness--
and spirit--of regulatory compliance. A strong safety culture requires
a genuine partnership among employers, regulators, and employee groups.
Can you describe how you will support preserving and strengthening
a cooperative, trust-based safety partnership including meaningful
employee and union participation to sustain effective safety reporting
and serve the best interests of the flying public?
Answer. The FAA is committed to maintaining a healthy and proactive
safety culture. The FAA encourages safety reporting through voluntary,
anonymous reporting programs. Voluntary reporting without fear of
reprisal is a critical component in aviation safety and a core element
of a culture that prioritizes safety over competing goals and demands.
Employee voices and expertise are essential to managing safety across
the national airspace system (NAS). FAA-run safety reporting programs
like the Air Traffic Safety Action Program (ATSAP) and Voluntary Safety
Reporting Program (VSRP) are run in coordination with labor
organizations including National Air Traffic Controllers Association
(NATCA), Professional Aviation Safety Specialists (PASS), American
Federation of State, County and Municipal Employees (AFSCME), and
American Federation of Government Employees (AFGE).
Question 6. How will you ensure that FAA radar modernization
investments support United States manufacturers and the creation of
United States jobs, and what role do you believe investing in America's
industrial base plays in economic security, workforce development, and
the reliability of our air traffic infrastructure?
Answer. FAA is committed to following domestic sourcing laws. Where
feasible, domestic sourcing can strengthen the American industrial base
and increase economic security, workforce development, and air traffic
control infrastructure reliability.
Question 7.a. When deciding whether to select multiple suppliers
versus one or two for the procurement of technologies such as dual-use
radars, how does the agency evaluate efficiency?
Question 7.b. Further, can you explain whether the FAA fully
accounts for both the upfront and long-term lifecycle costs--including
program management, integration, and oversight--associated with the
added complexity of managing multiple contractors?
Answer to 7.a. & 7.b. The FAA follows all applicable procurement
procedures set forth in the Agency's Acquisition Management System,
including investment decisions based on the relative merit of different
investment opportunities for satisfying priority service needs and FAA
performance goals and in-service decisions based on initial and ongoing
operational requirements and readiness.
Question 8. What analysis does the FAA conduct to compare the
efficiency of using multiple suppliers versus one or two, and can you
speak to whether the agency has assessed the increased upfront and
long-term lifecycle costs that come with managing multiple contractors?
Answer. The FAA performs cost-benefit analyses utilizing best
practices in industry and government and structures such analyses based
on FAA needs and requirements for different scenarios under varying
circumstances. When analyzing the efficiency of acquiring single or
multiple suppliers, consideration is given to operational requirements,
the extent of integration with other operational equipment and
interdependencies, training and maintenance, risk to the Agency due to
system or service obsolescence or security, and resulting expedited
implementation timelines.
The FAA utilizes the supplier cost profile, historical resource
data, and other algorithms related to the system or service to
determine long-term lifecycle costs when managing a single contractor
or multiple contractors. Where multiple contractors are managed, there
is an increased cost for life cycle management. This cost is taken into
account when determining the number of suppliers acquired to meet FAA
requirements. The overall life cycle cost is balanced against the
increased risk to the Agency for continued or improved operations, the
urgency of the need for the equipment or service, and the corresponding
schedule for implementation.
Question 9. In FAA procurements, how does the agency weigh the
operational and cost efficiencies of selecting one or two suppliers
against the added complexity of managing multiple contractors, and does
the FAA understand the full lifecycle cost implications of that
complexity?
Answer. When one or multiple suppliers meet or exceed baseline
requirements, an assessment of the cost profile is conducted. The FAA
weighs the use of multiple suppliers with associated advantages of
innovation, competitive pricing, and meeting timelines against the
increased complexity of quality assurance, necessary agency resources,
availability of expertise, and systems in place to handle multiple
baselines. The FAA considers the aforementioned analysis when making
the determination by utilizing agency constraints for available
resources, infrastructure, funding, as well as management when
implementing a program. The supplier cost profile is integrated with
historical resource data and other algorithms to assess the full
lifecycle cost implications related to utilizing one or more supplier
products or services when making a selection.
Question 10. As part of the One Big Beautiful Bill (OBBB), Congress
appropriated $12.5 billion as a ``down payment'' for air traffic
control (ATC) Modernization. How will you prioritize projects to ensure
those dollars are used efficiently and effectively?
Answer. The FAA will prioritize ATC modernization projects based on
safety, operational need, and systemwide benefits. We are using data-
driven analysis to focus investments on the highest-risk and highest-
impact areas, while ensuring accountability, coordination with
stakeholders, and effective stewardship of taxpayer dollars.
Question 11. Section 930 of the FAA Reauthorization Act of 2024
calls for a performance-based rule governing Beyond Visual Line of
Sight (BVLOS) operations for Unmanned Aircraft Systems (UAS). In August
of this year, the FAA and Transportation Security Administration (TSA)
jointly published a draft rule. I am very concerned about the approach
that the FAA is taking towards the aircraft certification process,
seemingly bypassing Congressional intent with prescriptive and
unworkable requirements.
Can you describe how you will ensure that a final BVLOS rule is
both performance-based and enabling as is required under law?
Answer. In the BVLOS notice of proposed rulemaking (NPRM) the FAA
proposed a regulatory framework for determining the airworthiness of
unmanned aircraft for proposed part 108 operations. The intent of the
proposed process is to allow for an efficient approval process of part
108 UAS, while maintaining the safety of the public and the integrity
of the NAS. The FAA is currently reviewing comments on the NPRM while
being mindful of the statutory direction to ensure the final rule is
both performance-based and enabling.
Question 12. The TSA's proposed security framework in the Beyond
Visual Line of Sight (BVLOS) Notice of Proposed Rulemaking (NPRM) is
extremely concerning. We all support appropriate security measures for
sensitive airport environments and for protecting sensitive facilities
from nefarious drone incursions. But full TSA vetting requirements to
the commercial UAS industry, particularly as broadly defined in the
NPRM, is harmful, misaligned, and ineffective policy. These provisions
are not justified by the industry's safety record, would result in an
enormous strain on or diversion of limited Federal resources, and would
impose an excessive and unnecessary regulatory burden that threatens to
severely impede United States economic activity and the global
competitiveness of American companies.
As the FAA works to finalize a BVLOS rule, can you provide an
update on what the FAA is doing to prevent the TSA from including these
harmful, ill-conceived TSA security requirements in the final rule?
Answer. As stated in the NPRM, the FAA expects to address in a
final rule those portions of the proposed rule that are within the
FAA's exclusive authority. TSA will address matters within its
authority in a separate final rule. However, the FAA will work with TSA
as TSA addresses and responds to comments regarding the proposals
within its statutory authority.
Question 13. Following the January 2025 midair collision near
Ronald Reagan National Airport, the FAA indicated it was collecting
``hot spot'' data, identifying areas with specific elevated safety risk
due to the close proximity of helicopter and fixed-wing traffic.
How does the FAA intend to use this data with operators and
stakeholders in the Safety Risk Management process to improve airspace
safety?
Answer. The FAA will use safety trend data to inform its Safety
Risk Management process and to identify areas of elevated risk. The
Agency will share relevant information with operators and stakeholders
to support operational adjustments and data-driven decisions that
enhance airspace safety while maintaining efficiency.
Question 14. This past year, the FAA implemented several changes to
long-established low-level routes that raised safety concerns among
operators. In some cases, these changes were made without a prior
stakeholder working group and formal Safety Risk Management Panel. Most
recently, a helicopter route in Baltimore/Washington International
Airport (BWI) airspace was laterally shifted and operators raised
concerns that terrain elevation approached or exceeded the published
route ceiling at certain points, resulting in the route being shut down
until a Working Group and Safety Risk Management Panel could be
convened.
Under FAA policy and/or internal guidance, what is the procedure
for the FAA to modify or remove a low-level route and how do
stakeholder working groups and SRM Panels play a role in this process?
Answer. FAA policy governs the process for creating, modifying, or
removing helicopter routes depicted on aeronautical charts and requires
Air Traffic Managers to establish a local working group that includes
affected stakeholders to develop and review proposed chart changes.
Once the proposed changes are completed, the FAA evaluates them using
the Safety Risk Management (SRM) process to identify hazards and
mitigate unacceptable risk prior to implementation.
Question 15. The Preamble of the Beyond Visual Line of Sight
(BVLOS) Notice of Proposed Rulemaking (NPRM) stated that exceptionally
few aircraft operations occur below 400 feet, that characterization
does not reflect how extensively low-altitude airspace is used today.
Hundreds of thousands of flight hours are conducted below 400 feet
across helicopter operations supporting infrastructure inspection,
aerial firefighting, air medical services, agriculture, and law
enforcement. In a small sampling of utility helicopter operators,
Vertical Aviation International (VAI) identified more than 40,000
annual flight hours conducted within 400 feet of structures, with over
25,000 of those hours occurring within 50 feet of structures--areas
that the NPRM proposes to classify as ``shielded.''
Question 15.a. How does the FAA account for these existing
operations when evaluating right-of-way, detect-and-avoid assumptions,
and the proposed treatment of shielded airspace under Part 108?
Answer. The FAA recognizes that there may be manned aircraft
operations in areas that the FAA considered for shielded operations.
The FAA received several comments from operators that provide the
agency with additional information as to who is operating and where
they are operating. The FAA is considering these comments as the final
rule is being developed.
Question 15.b. What feedback, if any, has been provided by your
agency partners, including the Department of Energy and Department of
the Interior?
Answer. The FAA considered comments from other executive branch
agencies during interagency review of the draft NPRM prior to its
issuance. We expect such agencies to have another opportunity to review
and provide feedback before the final rule is issued.
Question 15.c. Under the NPRM, is there an assumption that all
helicopter crews operating in shield corridors would have the
capability to avoid an unmanned aircraft system (UAS) operating BVLOS?
Answer. In the NPRM, the FAA does not assume that all helicopter
crews in shielded areas have, or would have, the capability to avoid an
unmanned aircraft system operating BVLOS. However, as noted by the FAA
in the NPRM, manned aircraft must follow the altitude and obstacle
requirements of 14 CFR Sec. 91.119, which the FAA did consider in its
risk-based proposal. In accordance with Sec. 91.119, only in certain
limited instances can manned aircraft intentionally fly within 500 feet
of infrastructure and terrain features.
Question 16. Many Federal Contract Towers (FCT) operate without
radar display capabilities, which limit air traffic controller's
situational awareness. FCTs play a critical safety role throughout the
country and ensuring that the controllers in these towers maintain
appropriate situational awareness is important. The FAA Reauthorization
Act of 2024 directs the FAA to allow airports served by contract towers
to use approved advanced equipment to improve operational situational
awareness.
Can you provide an update on the FAA's review and approval of
vendors who manufacture this technology as well as the FAA's
consideration of allowing non-Federal entities to acquire these
technologies using Federal funding?
Answer. The FAA agrees that Airborne Position Reference Tools
(APRT) can significantly enhance situational awareness at contract
towers that operate without radar, particularly during periods of high
traffic, complex operations, or reduced visibility. The FAA has already
approved one vendor's APRT product for operation, with additional
vendors currently seeking approval by the end of FY 2026.
Questions to Hon. Bryan Bedford, Administrator, Federal Aviation
Administration, U.S. Department of Transportation, from Hon. Jeff Hurd
Question 1. Administrator Bedford, the President signed an
Executive Order on June 2, 2025 overturning the 50 year old speed
limit, repealing the supersonic flight ban overland, and establishing
an interim noise-based certification standard. According to the EO, the
FAA had 180 days to repeal the regulation--that deadline was earlier
this month. Can you give us an update on the progress here and let us
know when we will expect to see a proposed rule from the FAA?
Answer. The FAA is working diligently to implement the EO. As a
first step, the FAA must repeal the prohibition on overland supersonic
flight and establish an interim noise-based certification standard,
through rulemaking. The FAA published a notice of proposed rulemaking
(NPRM) on July 2, 2026. After the NPRM comment period closes, the FAA
will work expeditiously to publish a final rule.
Question 2. Given China's aggressive push to expand its domestic
aircraft manufacturing capabilities, including efforts to gain
international market share with state-backed programs like the COMAC
C919, how do we best ensure that the U.S. aviation industry is not at a
competitive disadvantage in the global market? What should the FAA be
doing to make sure the U.S. maintains its leadership in safety and in
innovation?
Answer. The FAA's efforts to maintain its leadership in safety and
innovation involve efforts within the FAA and with our international
counterparts. Within the FAA, we are undergoing a major reorganization
to create a centralized aviation safety management system organization,
to centralize safety management activities previously conducted in five
separate lines of business. Additionally, we are establishing the
Office of Advanced Aviation Technologies to oversee the integration of
advanced aviation technologies into the National Airspace System. As a
global leader, the FAA works with international organizations to
promote aviation safety and efficiency for the worldwide alignment of
technologies, policies, regulations, and standards. The FAA continues
to leverage international agreements and other regulatory harmonization
efforts to enhance efficiencies in safety oversight and support
industry innovation.
Question 3. Over the next 20 years, global demand is expected to
require over 40,000 new aircraft be produced.
Question 3.a. Can you describe the importance for the U.S. economy
and for safety in general for the industry to get these new aircraft
into the hands of airlines here and around the world?
Answer. It is estimated that there are approximately 30,300
commercial aircraft currently in use worldwide. Boeing aircraft
represent 40% of the active commercial fleet. Over the next 20 years,
40,000 new commercial aircraft will be needed to support worldwide
demand. FAA estimates that Boeing, working with its suppliers, will
contribute over 15,000 commercial aircraft to meet this demand. Over
the next 20 years, aviation suppliers of all sizes will contribute
approximately $1.89 trillion in value-added economic activity across
the U.S. economy, representing five percent of U.S. GDP.
Question 3.b. This presents a major opportunity for the U.S.
economy and for American exports. Capitalizing on this opportunity will
require the U.S. government to keep pace in its certification and
oversight responsibilities. What more should we be doing in order to
ensure our industry stays as the global leader?
Answer. The FAA is focused on ensuring that its certification and
oversight framework continues to support safety, innovation, and U.S.
global leadership as aircraft production increases. The FAA is
strengthening risk-based, data-informed oversight, modernizing internal
processes, and investing in workforce capability to oversee
increasingly complex aircraft and production systems. The FAA also
continues to work with international partners to promote harmonized
standards that support safety and global market access for U.S.
manufacturers. These efforts help maintain rigorous safety oversight
while enabling the U.S. aviation industry to remain globally
competitive and trusted.
Questions to Hon. Bryan Bedford, Administrator, Federal Aviation
Administration, U.S. Department of Transportation, from Hon. Addison P.
McDowell
Question 1. Digital and remote towers are being discussed as a
possible cost-effect remedy to modernize and improve the safety of the
National Airspace System (NAS). The most recent FAA reauthorization
bill directed the FAA to expand design approval and evaluation for
digital or remote towers to no fewer than three airports. The budget
reconciliation bill that the President signed into law in July also
included $50 million for the deployment of remote tower technology. You
indicated during the committee's December hearing that three airports
had already been chosen for the deployment of this technology. Can you
please provide information regarding the criteria the FAA used in the
agency's airport selection process for deploying this technology?
Answer. The FAA selected airports for remote tower deployment using
a structured approach focused on safety, operational suitability, and
responsible stewardship of resources. First, the Agency identified
eligible airports using baseline requirements, including FAA ownership
or operation of the tower, Class D airspace, and a single-runway
configuration. After identifying the eligible airports, the FAA
prioritized them based on factors such as alignment with the FAA's
tower replacement program, operational demand and complexity,
infrastructure needs, workforce challenges, and the comparative costs
of traditional tower construction and operation. This process allowed
the FAA to identify locations best suited for early deployment of
remote tower technology in a manner consistent with congressional
direction to modernize the NAS while managing costs.
Question 2. FAA has said that part of their effort to supercharge
ATC hiring would involve ensuring that the FAA Academy in Oklahoma was
at capacity in order to facilitate a steady stream of new controllers
into the workforce. To what extent do you think digital remote towers
could be a partial remedy to the controller shortage--not just by
providing controllers with location flexibility but also by expanding
access to new training technology and modules for prospective
controllers, like the technology currently being deployed at Bartow
Executive Airport in Florida?
Answer. The FAA places trainees in facilities after they complete
training at the FAA Academy, and we do not expect remote tower
technology to fundamentally change that process. New training modules
associated with remote towers would complement, rather than replace,
the existing controller training provided at the FAA Academy.
Questions to Hon. Bryan Bedford, Administrator, Federal Aviation
Administration, U.S. Department of Transportation, from Hon. Laura
Gillen
Question 1. Administrator Bedford, will you commit to implementing
the Inspector General's recommendations in the audit, including
reversing the relocation of TRACON responsibilities for the Newark
airspace, if called for?
Answer. The FAA takes the Inspector General's findings seriously
and will carefully review all recommendations. The agency will consider
those recommendations in the context of the safety of the National
Airspace System and operational requirements, in consultation with
stakeholders. Our actions will be guided by data, risk analysis, and
the need to maintain safe and efficient operations.
Question 2. How much funding for modernization has the FAA devoted
to New York TRACON N90 as part of the administration's Brand New Air
Traffic Control System?
Answer. The reconciliation act provided $1B for activities related
to TRACON facilities. There is no specific amount allocated to N90, or
any other facility. Rather, the funding is allocated by program, and
the FAA has not yet made decisions on how that funding will be invested
in specific facilities.
Question 3. Administrator Bedford, how is the FAA expediting the
adoption of newer, quieter technology across the industry?
Answer. The FAA sponsors several research and development (R&D)
efforts to facilitate the introduction of quiet technology into current
and future aircraft. One R&D program is the ASCENT Center of
Excellence, co-led by Washington State University and the Massachusetts
Institute of Technology. ASCENT noise projects are currently focusing
on emerging technology aircraft. These include UAS, Advanced Air
Mobility, and supersonic aircraft. The other R&D program is the
Continuous Lower Energy, Emissions and Noise Program (CLEEN). CLEEN is
a partnership with industry to advance innovative aircraft technologies
with improved performance and safety. CLEEN is nearing the conclusion
of its third phase, which was initiated in 2021. Under CLEEN Phase III,
multiple airframe and engine technologies to reduce noise are being
developed and demonstrated by U.S. aerospace manufacturers such as
Boeing, Pratt & Whitney, and Honeywell. Maturing these technologies
under CLEEN enables industry to expedite their integration into current
and future aircraft. The FAA is currently in the process of initiating
the fourth phase of the CLEEN Program.
When developers have demonstrated that new technologies for quieter
flight are airworthy and safe, FAA works with other civil aviation
authorities through the International Civil Aviation Organization
(ICAO) to promulgate international standards for aircraft noise limits.
Question 4. Will you work with my office to advance solutions to
persistent aviation noise affecting Long Island?
Answer. The FAA is working with airports to mitigate aircraft
noise, to the extent possible, through the implementation of voluntary
noise abatement procedures and other measures. The airspace in the New
York/New Jersey Metropolitan area is shared among four of the busiest
35 airports in the country and is among the most complex in the world.
Shifting air traffic patterns at one airport can conflict with arrival
and/or departure traffic at the other surrounding airports, which can
increase delays, increase traffic complexity, and introduce new risks
to the National Airspace System. In densely populated areas, moving a
flight path may impact those living near a new flight path rather than
resulting in a net reduction in aircraft noise throughout the system.
Simply put, a solution proposed by one community cannot be entertained
without endorsement from all the surrounding communities, because
shifting the noise only shifts the complaint.
We encourage your constituents to work through the established
airport roundtables to discuss opportunities to mitigate noise for
communities adjacent to LaGuardia Airport (LGA) and John F. Kennedy
(JFK) International Airport. The Port Authority of New York and New
Jersey (PANYNJ) hosts the JFK and LaGuardia Airport Committees, as well
as the New York Community Aviation Roundtable (NYCAR), which provides a
forum to raise issues shared by both airports. Representatives from the
region's congressional delegation and state legislature often
participate in these quarterly meetings. Additionally, the PANYNJ has
recently hired a consultant to help review existing air traffic
procedures and propose new procedures for JFK and LaGuardia.
Question 5. Administrator Bedford, has the FAA worked with NWS to
address these staffing shortages as GAO recommended?
Answer. The FAA is collaborating with NWS to develop a more
efficient service model that delivers on performance and reduces risk
while using fewer resources. In the interim, the FAA and NWS executed a
two-year extension to the Inter-Agency Agreement (1 October 2025-30
September 2027) to ensure continuity of services.
The FAA and NWS have implemented near-term mitigations to address
staffing shortfalls, including cross-coverage, national center
augmentation, and enhanced coordination. The FAA is also evaluating
potential service-delivery improvements through established Safety
Management System (SMS) and Safety Risk Management (SRM) processes.
These actions collectively address near-term operational risk while
supporting longer-term improvements consistent with GAO's
recommendations.
Question 6. How many CWSU are currently fully-staffed with NWS
meteorologists?
Answer. This question is within the purview of the National Oceanic
and Atmospheric Administration, which is the staffing authority for
CWSU meteorologists.
Based on the most recent NWS staffing data provided to the FAA (as
of January 12, 2026), 10 of 21 CWSU are fully staffed at their
authorized staffing level (four meteorologists per CWSU). Across the
CWSU enterprise, 75 NWS meteorologists are currently onboard, with
additional onboarding actions expected in the near term that would
increase staffing levels as selectees enter on duty. The FAA continues
to coordinate closely with NWS to monitor staffing levels and apply
contractual resiliency provisions to ensure continuity of services.
Questions to Hon. Bryan Bedford, Administrator, Federal Aviation
Administration, U.S. Department of Transportation, from Hon. Greg
Stanton
Question 1. Administrator Bedford, you've inherited a massive air
traffic control modernization effort with $12.5 billion in new funding.
Part of this modernization is for ATC facilities. This requires
partnership with airports to find effective uses for these funds. How
can airports participate in and support DOT's air traffic control
modernization efforts? Phoenix Goodyear Airport is a general aviation
airport with significant traffic that is run by Sky Harbor. The FAA air
traffic facility needs significant upgrades. How can an airport, like
Goodyear for Sky Harbor's General Aviation, work with the FAA to move
improvements forward with this new modernization push?
Answer. While the reconciliation act provides funding for
replacement, realignment, and consolidation of Air Route Traffic
Control Center (ARTCC) and Terminal Radar Approach Control (TRACON)
facilities, it did not provide specific funding for the replacement of
standalone Airport Traffic Control Towers.
For high-activity general aviation airports, such as Phoenix
Goodyear, collaboration with the FAA may include participation in
operational assessments, safety risk management processes, and planning
discussions to ensure local operational requirements are understood.
Any decisions related to facility modernization, realignment, or
consolidation will be guided by system-wide safety data, operational
requirements, capacity needs, and cost considerations, informed by
stakeholder engagement and consistent with statutory direction and
existing FAA frameworks.
In addition, airports in the FAA Contract Tower (FCT) Program, such
as Phoenix Goodyear Airport, may apply for Airport Improvement Program
and Airport Infrastructure Grant funds to reconstruct an existing
sponsor-owned FCT that has exceeded its useful life and is no longer
operationally functional or impedes a planned airport grant-funded
project. FCT airports may also apply for additional competitive funding
available through the Infrastructure Investment and Jobs Act FCT grant
program. These funds allow airports to sustain, construct, repair,
improve, rehabilitate, modernize, replace, or relocate non-approach
control towers; acquire and install air traffic control,
communications, and related equipment to be used in those towers; and
construct a remote tower certified by the FAA.
Question 2. The Secretary has set a bold vision for the
modernization of our air traffic control system, but provided Congress
scant detail on the use of the $12.5 billion provided to date or an
explanation of why nearly $20 billion more will be necessary. Please
provide the members of this Committee a spend and outlay plan in the
next 30 days. We need to have better transparency and accountability to
the American taxpayer for the use of these resources.
Answer. We are committed to keeping Congress updated on our
progress. We continue to provide the Committee with quarterly briefings
detailing the progress made for communications, automation,
surveillance, and Alaska modernization efforts, as well as updates on
the amounts that have been obligated from each of the funding sources.
Question 3. Safety means making sure workers are in place, and
treated well, for the aviation system to work efficiently. Some flight
attendants continue reporting toxic fume events that make them ill.
We're facing a persistent aircraft maintenance shortage that strains
our system. And air traffic controllers are working in outdated
facilities with aging equipment. These are just some of the issues I'd
like to work with you in your new role. I've introduced bipartisan
legislation to address our pilot workforce challenges through enhanced
training pathways. Mr. Bedford: how will the FAA support efforts to
grow our aviation workforce? How will you ensure all workers, like
flight attendants, have safe working conditions?
Answer. We support and are committed to efforts to ensure the
growth of the aviation workforce.
We have reduced the backlog of airmen medical certification. There
are currently zero cases that are over two years old pending and 54%
of all currently open deferred cases are waiting for the airman to
provide information back to the FAA to continue processing. Changes to
MedXpress will also provide the proper tools to determine what is
required for their conditions and direct them to resources to prepare
them for the examination. We are working closely with industry to
publicize these efforts.
To further support safe working conditions, we continue to monitor
available data to identify potential health risks. Additionally, we
have sponsored testing to evaluate the particulates and risks
associated with bleed air contamination and are preparing a final
report summarizing that research. We have also sponsored a study with
the National Academies of Science Engineering and Medicine on the
safety effects of cabin air temperature. The study is on-going.
We have also taken several actions to assist the aviation community
with addressing the projected shortage of aircraft maintenance
technicians, to include revising aircraft maintenance technician school
regulations to streamline the certification process for new and
existing schools. We've also worked with industry stakeholders to
update practical test standards, establish a unified Mechanic Airmen
Certification Standard (ACS), and revise the mechanic test bank to
ensure alignment with current requirements. The FAA also supported
industry outreach efforts (i.e., air shows and conferences) and worked
with the Department of War through the Joint Service Aviation
Maintenance Technician Certification Council (JSAMTCC) program to
streamline certification for military personnel.
Question 4. One of the issues I'm focused on is for EVERYONE to be
able to travel safely and with dignity. We've seen too many travelers
with disabilities left stranded on aircraft or have their wheelchairs
damaged or destroyed. These aren't just inconveniences--they're safety
failures that erode public trust. We've seen some significant roll back
of protections for those traveling with wheelchair devices and those
traveling, generally!--in the last few months. As the leader here: How
are you going to make sure those traveling with mobility devices get
where they need to go? What are you doing to compensate travelers whose
wheelchairs are damaged?
Answer. This response falls within the purview of the Office of the
Secretary of Transportation.
Question 5. FAA's Notice of Proposed Rulemaking (NPRM) for Parts
108 and 146 would expand unmanned aircraft system (UAS/drone)
operations beyond visual line of sight (BVLOS), including near critical
infrastructure such as power lines, pipelines, and railroads. The
``shielded area'' concept in the NPRM intends to allow UAS to operate
within 50 feet of such structures, under the presumption that manned
aircraft are unlikely to be present. However, this assumption fails to
account for helicopter operations which regularly occur in these same
corridors, including maintenance inspection, construction, and
emergency response. In addition, the NPRM would place the burden of
maneuverability on manned helicopters in these corridors instead of
UAS, forcing worksite owners, contractors, and workers to choose
between operating in contested airspace or pausing operations if a UAS
is in the vicinity. To that end, can you please answer the following
questions:
Question 5.a. What feedback, if any, has been provided by your
agency partners, including in the Department of Energy, Department of
Interior, and Department of Homeland Security?
Answer. The FAA considered comments from other executive branch
agencies during interagency review of the draft NPRM prior to its
issuance. We expect such agencies to have another opportunity to review
and provide feedback before the final rule is issued.
Question 5.b. I understand that technology may exist to allow
coordination between UAS that operating BVLOS and manned helicopters.
What are the barriers to requiring all aircraft, manned and unmanned
operating in ``shielded areas'' to field these types of communications
technologies?
Answer. The FAA recognizes that there may be manned aircraft
operations in areas that the FAA considered for shielded operations.
The FAA received several comments from operators that provided the
agency with additional information as to who is operating and where
they are operating. The FAA is considering these comments as the final
rule is developed.
Question 5.c. Under the NPRM, is there an assumption that all
helicopter crews operating in shield corridors would the capability to
avoid a UAS operating BVLOS? Additionally, are there any identified
situations where the risks to crewmembers are greater because of the
type of work they are doing in these areas?
Answer. In the NPRM, the FAA does not assume that all helicopter
crews in shielded areas have, or would have, the capability to avoid an
unmanned aircraft system operating BVLOS. However, as noted by the FAA
in the NPRM, manned aircraft must follow the altitude and obstacle
requirements of 14 CFR Sec. 91.119, which the FAA did consider in its
risk-based proposal. In accordance with Sec. 91.119, only in certain
limited instances can manned aircraft intentionally fly within 500 feet
of infrastructure and terrain features.
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