The information is organized into four areas:

– Action in the Current (115th) Congress
– Analysis of Air Traffic Control (ATC) Structure and Financing – From Government Entities
– Analysis of Air Traffic Control (ATC) Structure and Financing – From Non-Government Entities
– Past Legislative Efforts on ATC Reform

(Suggestions for items to be included on this page should be sent to jdavis [at] enotrans.org )

List of FAA authorization and extension laws since 1996

Links to the text of all federal laws relating to aviation, ever

Action in the Current (115th) Congress:

H.R. 4 – The revised version of H.R. 2997 introduced on April 13, 2018 (the “FAA Reauthorization Act of 2018”) without the air traffic control reform title   – bill text as introduced, section-by-section summary, “Ramseyer print” of H.R. 4’s amendments to existing law, and promotional materials.

• Amendments filed with the House Rules Committee to H.R. 4.
• Video of the Rules Committee hearing on H.R. 4.
• Text of H. Res. 839 (special rule making in order House consideration of H.R. 4) and the accompanying Rules Committee report.
• White House Statement of Administration Policy on H.R. 4.
• Congressional Budget Office PAYGO score of H.R. 4.
• Transcript of House floor debate on H.R. 4 (April 26, 2018 starting on page H3590 and April 27, 2018 starting on page H3710).
• Amendment log showing the status of all 116 amendments made in order to H.R. 4. (Eno members and ETW subscribers only.)
• Text of H.R. 4 as amended and passed by the House.

S. 1405 – Senate Chairman Thune’s bill (Federal Aviation Administration Reauthorization Act of 2017) introduced June 22, 2017 – bill text as introduced, highlights of the bill, and a section-by-section summary provided by the Commerce Committee staff.

• Statements in support of S. 1405 from Chairman Thune and other bill sponsors, business aviation (NBAA), Small UAV Coalition,
• Results of the June 29 markup (ETW subscribers only). Text of amendments filed for the June 29 markup (amendments were to be drafted to this slightly modified substitute version of S. 1405).

H.R. 2997 – House Chairman Shuster’s bill (21st Century Aviation Innovation, Reform and Reauthorization Act) introduced on June 22, 2017 – bill text as introduced and promotional materials. Together with a section-by-section summary prepared by Eno Center staff for Eno members and ETW subscribers only.

• Statements in support of H.R. 2997 from Chairman Shuster and other bill sponsors, the controllers union (NATCA), the Global Business Travel Association, Airlines for America, Association of Flight Attendants, Air Line Pilots Association (ALPA), several pilots unions that are not ALPA, the Association for Unmanned Vehicle Systems International, Small UAV Coalition, National Taxpayers Union, Americans for Prosperity, Americans for Tax Reform, Heritage Action, Academy of Model Aeronautics, many others listed by Chairman Shuster’s staff. Plus a letter from former Clinton Administration officials in support of the bill.
• Statements in opposition to H.R. 2997 from general aviation groups, the safety specialists union (PASS), business aviation (NBAA), AOPA, Airports Council International – North America,
• Results of the June 27 markup (amendments and their summary and disposition) (for ETW subscribers only.) Text of amendments adopted only (no summaries) provided by the Committee. Video of the markup. Minority views to be included in the committee report.
• Rules Committee Print of H.R. 2997 with the text of the bill as amended by the T&I Committee on June 27 plus these other changes to the bill requested by other House committees. Together with section-by-section summary of the Rules Committee Print. And a July 12 amendment announcement from the Rules Committee and the list of amendments submitted. And the Congressional Budget Office score of H.R. 2997 (does not include the effects of the changes in tax and discretionary spending levels included in the Rules Print).

Letter from all previous heads of the FAA’s Air Traffic Organization in favor of corporatizing air traffic control. (June 8, 2017)

House Democratic alternative FAA reform bill (Aviation Funding Stability Act) – bill text (H.R. 2800 as introduced), statement from Reps. DeFazio and Larsen, and two-page fact sheet (June 7, 2017). Plus: reaction to the bill from T&I chairman Shuster.

President Trump’s Principles for Reforming the U.S. Air Traffic Control System together with a letter to Congress transmitting the principles, June 5, 2017.

• Reaction to President Trump’s June 5 announcement from House Transportation and Infrastructure Committee leaders Shuster and DeFazio, and Senate Commerce, Science and Transportation Committee leaders Thune and Nelson,
• Reaction to President Trump’s June 5 announcement from stakeholder groups: Airlines for America, AOPA, NBAA, NATCA, PASS.

Letter from Defense Secretary Mattis to Sen. McCain in support of ATC privatization, May 5, 2017.

PFC increase legislation (H.R. 1265) from Reps. DeFazio and Massie, March 1, 2017.

Letter from Senate Appropriations Committee leaders to Senate Commerce Committee leaders opposing the separation of air traffic control from the FAA, February 28, 2017.

President Trump and aviation industry leaders’ remarks on FAA/air traffic control issues, February 9, 2017 (video and transcript)

House aviation hearings:

• Aviation manufacturing (February 15, 2017)
• Airports (March 1, 2017)
• Airlines (March 8, 2017)
• Innovation in the national airspace (April 4, 2017)
• Oversight of airline customer service (May 2, 2017)
• Air traffic control reform (May 17, 2017)

Senate aviation hearings:

• Unmanned aircraft systems (March 15, 2017)
• Airports and aviation manufacturing (March 23, 2017)
• Rural air service and general aviation (April 6, 2017)
• Current state of airline travel (May 4, 2017)
• FAA reauthorization (Administration perspective) (June 7, 2017)

Analysis of Air Traffic Control (ATC) Structure and Financing – From Government Entities:

2017 – CRS Air Traffic Inc: Considerations Regarding the Corporatization of Air Traffic Control.

2017 – CRS The Airport and Airway Trust Fund: An Overview

2017 – USDOT Inspector General Although FAA Has Taken Steps To Improve Its Operational Contingency Plans, Significant Work Remains To Mitigate the Effects of Major System Disruptions

2016 – FAA Response to Senator Thune’s NextGen Inquiries

2016- GAO Next Generation Air Transportation System: Information on Expenditures, Schedule, and Cost Estimates, Fiscal Years 2004 — 2030

2016 – USDOT Inspector General Total Costs, Schedules, and Benefits of FAA’s NextGen Transformational Programs Remain Uncertain

2016 – GAO Air Traffic Control: Experts’ and Stakeholders’ Views on Key Issues to Consider in a Potential Restructuring

2016 – USDOT Inspector General FAA Lacks a Clear Process for Identifying and Coordinating NextGen Long-Term Research and Development

2016 – GAO Preliminary Observations of Potential Air Traffic Control Restructuring Transition Issues

2016 – USDOT Inspector General FAA Reforms Have Not Achieved Expected Cost, Efficiency, and Modernization Outcomes

2015 – USDOT Inspector General There Are Significant Differences Between FAA and Foreign Countries’ Processes for Operating Air Navigation Systems

2015 – CRS Memo on possible constitutional issues involved in corporatization of ATC

2015 – GAO Aviation Finance: Observations on the Effects of Budget Uncertainty on FAA

2015 – CRS Air Traffic Inc.: Considerations Regarding the Corporatization of Air Traffic Control

2014 – GAO Air Traffic Control System: Selected Stakeholders’ Perspectives on Operations, Modernization and Structure

2013 – CRS Federal Civil Aviation Programs: In Brief

2013 – CRS Sequestration at the Federal Aviation Administration (FAA): Air Traffic Controller Furloughs and Congressional Response

2012 – GAO Airport and Airway Trust Fund: Factors Affecting Revenue Forecast Accuracy and Realizing Future Expenditures

2012 – OIG Audit Report: Contract Towers Continue to Provide Cost-effective and Safe Air Traffic Services, But Improved Oversight of the Program is Needed

2011 – GAO Airport and Airway Trust Fund: Declining Balance Raises Concerns over Ability to Reach Future Demands

2006 – CRS Privatization and the Federal Government: An Introduction

2006 – GAO Next Generation Air Transportation System: Preliminary Analysis of Progress and Challenges Associated with the Transformation of the National Airspace System

2005 – GAO Air Traffic Control: Characteristics and Performance of Selected International Air Navigation Service Providers and Lessons Learned from Their Commercialization

2002 – IRS Excise Taxes and the Airport and Airway Trust Fund, 1970-2002

1999 – GAO Whether the Airport and Airway Trust Fund was created solely to finance aviation infrastructure

1997 – Final Report of the National Civil Aviation Review Commission 

1994 – Interagency ATC Corporation Study (USATS Report)

1993 – From Red Tape to Results: Creating a Government that Works Better and Costs Less (alternate link 1) (alternate link 2)

1993 – Change, Challenge and Competition: Report of the National Commission to Ensure a Strong Competitive Airline Industry (alternate link)

1988 – CBO The Status of the Airport and Airway Trust Fund

1988 –  OTA Safe Skies for Tomorrow: Aviation Safety in a Competitive Environment

1983 – CBO Improving the Air Traffic Control System: An Assessment of the National Airspace System Plan

1982 – OTA Airport and Air Traffic Control System

Analysis of ATC Structure and Financing – From Non-Government Sources:

Eno Center for Transportation – Time for Reform: Delivering Modern Air Traffic Control (2017)

Competitive Enterprise Institute – Air Traffic Reform 2017: Frequently Asked Questions (2017)

Eno Center for Transportation – NextGen Working Group – Final Report (2015)

Eno Center for Transportation – NextGen Working Group – Statement of Principles (2015)

Clinton Oster (Indiana University) – Cited Problems with the Current Air Traffic Control System and Concerns about Changing the Organizational Structure (2015)

MITRE Corporation – CAA International Structures (2014)

Hudson Institute – Organization and Innovation in Air Traffic Control (2013)

Eno Center for Transportation – NextGen: Aligning Costs, Benefits and Political Leadership (2012)

Dorothy Robyn (Hamilton Project) – Air Support: Creating a Safer and More Reliable Air Traffic Control System (2008)

Clinton Oster (Indiana University) and John Strong (College of William & Mary) – Reforming the Federal Aviation Administration: Lessons from Canada and the United Kingdom (2006)

Robert Poole (Reason Foundation) – Business Jets and ATC User Fees: Taking A Closer Look (2006)

Paul Dempsey and others (McGill University) – The McGill Report on Governance of Commercialized Air Navigation Services (2005)

Vaughn Cordle and Robert Poole (Reason Foundation) – Resolving the Crisis in Air Traffic Control Funding (2005)

Ira Lewis – Analysis of Alternative Arrangements for Reform of U.S. Air Traffic Control (2004)

Elliott Sclar (NATCA) – Pitfalls of Air Traffic Control Privatization (2003) together with Robert Poole (Reason) response to NATCA white paper (2003)

Robert Poole and Viggo Butler (Reason Foundation) – How to Commercialize Air Traffic Control (2001)

Robert Poole and Viggo Butler (Reason Foundation) – Reinventing Air Traffic Control: A New Blueprint for a Better System (1996)

GRA, Inc. – U.S. and International Precedents for a Government Corporation (Draft Report) (1994)

GRA, Inc. – The Restructuring of FAA: Review of Past Studies (1993)

Robert Poole (Reason) – How to Spin Off Air Traffic Control (1993)

Robert Poole (Reason) – Privatizing the Air Traffic Control System (1986)

Raymond Belanger and Charles Newpol – A Study of the Safety/Regulatory Functions of the Air Traffic Control System (undated; sometime in the 1985-1987 period)

National Academy of Public Administration – The Air Traffic Control System: Management by a Government Corporation (1986)

Air Transport Association – Federal Corporation Approach to the Management and Funding of the Air Traffic Control System (1985)

Nick A. Komons – Bonfires to Beacons: Federal Civil Aviation Policy under the Air Commerce Act 1926-1938 (1978)

Glen Gilbert – PATCO-commissioned report: “The United States Air Traffic Corporation” (executive summary starts on page 85) (1975)

Paul Goldsborough – A History of Aeronautical Radio, Inc from 1929 to 1942 (undated)

Past Legislative Efforts on ATC Reform:

2015-2016 – Chairman Shuster’s proposal to remove air traffic control from the FAA and place it in a new nonprofit, privately held corporation.

H.R. 4441, the Aviation, Innovation, Reform, and Reauthorization Act

• House Transportation and Infrastructure hearing on Options for FAA Air Traffic Control Reform (March 2015)
• Chairman Shuster’s principles for FAA reform (June 15 2015)
• House T&I majority one-pager on FAA reform legislation (Jan. 8, 2016)
• Text of H.R. 4441 – The Aviation Innovation, Reform, and Reauthorization (AIRR) Act, (as introduced on Feb. 3, 2016)
• Eno’s section-by-section summary of the AIRR Act (Eno members and ETW subscribers only).
• AIRR Act Two-Pager from T&I majority staff (Feb. 3, 2016)
• AIRR Act Promotional Packet from T&I majority staff (Feb. 3, 2016)
• House T&I Committee hearing on ATC reform proposals (Feb. 10, 2016)
• Amendments filed in the T&I Committee to H.R. 4441
• Amendment log listing amendments offered during the T&I Committee’s February 11 markup of H.R. 4441 and their disposition. (Eno members and ETW subscribers only.)
• Video of the T&I Committee’s February 11 markup of H.R. 4441.
• Congressional Budget Office cost estimate for H.R. 4441 as ordered reported by the T&I Committee.

Letters and statements in favor of the House legislation:

• Former Secretaries of Transportation, FAA Administrators, Senators and White House staff
• Former Clinton Administration officials
• Airlines For America (Alaska, American, Atlas, FedEx, Hawaiian, jetBlue, Southwest, United, UPS)
• National Air Traffic Controllers Association
• Business Roundtable
• Association for Unmanned Vehicle Systems International (supportive of UAS provisions, does not address ATC reform)
• International Air Transport Association
• Coalition of conservative/libertarian/taxpayer rights groups

Letters and statements against the House legislation:

• Delta Air Lines
• National Business Aviation Association
• Air Line Pilots Association
• Professional Aviation Safety Specialists
• House Appropriations Committee leaders
• Senate Appropriations Committee leaders

Letters and statements somewhat supportive and somewhat critical:

• Aircraft Owners and Pilots Association
• Aerospace Industries Association

May 24, 2016 letter from Senators Thune and Nelson to Representatives Shuster and DeFazio urging them to take up the Senate FAA bill.

S. 2658, the Federal Aviation Administration Reauthorization Act (became H.R. 636)

• Senate Commerce Committee hearing on FAA Reauthorization: Air Traffic Control Modernization and Reform (May 2015)
• Text of the bill as introduced in the Senate on March 9, 2016.
• Summary overview of the bill prepared by Commerce Committee staff.
• Section-by-section analysis of the introduced bill prepared by Commerce Committee staff.
• Amendments adopted in the March 16 committee markup session.
• Text of the bill as ordered reported by the Commerce Committee (including all amendments adopted).
• Revised section-by-section summary of the bill as ordered reported by the Commerce Committee (including all amendments adopted).
• Amendment log showing the summary and status of all amendments to H.R. 636 (FAA vehicle) filed in the Senate as of the close of business on April 12, 2016.
• Text of revised Thune substitute amendment #3679 offered on the evening of April 12, 2016.
• White House Statement of Administration Policy on the Senate FAA bill.
• Senate floor debate on the FAA bill – April 4, April 5, April 6, April 7, April 11, April 12, April 13, April 14, April 18, April 19.
• Text of H.R. 636 as passed by the Senate on April 19, 2016 (Engrossed Amendment of the Senate)

H.R. 636, the FAA Extension, Safety, and Security Act of 2016

• Joint statement of House T&I and Senate Commerce leaders announcing a deal on aviation extension legislation with some policy changes. (July 6, 2016)
• Two-page summary of the legislation from the T&I Committee. (July 6, 2016)
• Text of H. Res. 818, the legislative mechanism by which the House took up H.R. 636 and substituted the compromise text of the extension legislation. (Contains full bill text.) (July 11, 2016)
• Section-by-section summary of the legislation prepared by Eno Center staff. (Eno members and ETW subscribers only.)
• Congressional Budget Office score of the legislative changes made by the amendment in H. Res. 818.
• House floor debate on H. Res. 818. (July 11, 2016)
• Senate floor debate on H.R. 636 as amended by the House (pp. 5028-5041). (July 13, 2016)
• Senate roll call vote on concurring to the House amendment to H.R. 636. (July 13, 2016)
• Text of Public Law 114-190 – the FAA Extension, Safety, and Security Act of 2016. (July 15, 2016)

2009-2010 – CRS summary of legislative actions in the 111^th Congress.

2009 – House hearing on ATC modernization and NextGen

2007-2008 -Bush Administration proposal to fund air traffic control with user fees.

• DOT letter of transmittal
• DOT bill text pt. 1
• DOT bill text pt. 2
• DOT section-by-section analysis
• Administration bill introduced in Congress (by request)
• FAA FAQ
• FAA cost allocation study overview
• GAO analysis of FAA cost allocation
• House hearings on FAA reauthorization
• House hearings on the future of ATC modernization
• House bill as introduced
• House bill as reported
• House committee report
• White House Statement of Administration Policy
• House floor debate pt1
• House floor debate pt2
• House floor debate pt3
• Senate hearings pt 1
• Senate hearings pt 2
• Senate hearings pt 3
• Senate bill as introduced
• Senate bill as reported
• Senate committee report
• The bill never came before the Senate and the issue died at the end of the Congress.

2006 – House hearing on NextGen financing options

2006 – House hearing on ATC modernization

2005 – Senate hearing on aviation capacity and congestion challenges

2005 – House hearing on ATC management in foreign countries

1999-2000 –Clinton Administration proposal to transform the FAA’s air traffic control function into a user-fee-financed, performance-based organization.

• DOT letter of transmittal
• DOT bill text
• DOT bill section-by-section analysis
• Administration bill as introduced in Congress (by request)
• House bill as introduced
• House bill as reported
• House committee report
• CBO cost estimate
• White House SAP
• House floor debate pt 1
• House floor debate pt 2
• House bill as passed by the House
• Senate bill as introduced
• Senate bill as reported
• Senate committee report
• White House SAP
• Senate floor debate pt1
• Senate floor debate pt2
• Senate-passed bill
• Senate goes to conference
• House goes to conference
• Conference report
• Senate conference report debate
• House conference report debate
• Presidential signing statement
• Public Law 106-181 – the AIR-21 law allowed establishment of an ATC performance-based organization within the FAA via Executive Order 13180  (see President Clinton’s remarks on same) and provided greater AATF funding levels.

1998 – Senate hearings on air traffic control modernization

1998 – Senate hearings on FAA reauthorization and the report of the National Civil Aviation Review Commission

1997 – House hearings on user fee proposal

1993-1996 –Clinton Administration proposal to turn over air traffic control functions to an independent corporation.

• National Airlines Commission report
• Vice President Gore’s “Reinventing Government” recommendation (part 1 and part 2)
• March-April 1994 White House decision memos on ATC reform proposal.
• 1994 Pena-Gore press conference announcing USATC proposal
• FY96 Budget summary of ATC spinoff proposal
• DOT letter of transmittal
• DOT bill introduced in Congress by request
• DOT section-by-section summary
• Senate hearing on FAA reform
• GAO testimony on the proposal
• House bill as introduced
• House bill as reported
• House committee report
• House floor debate pt1
• House floor debate pt2
• House bill as passed by the House
• Hearing on original Senate bill
• Senate bill as reported
• Senate committee report
• Senate floor debate pt1
• Senate floor debate pt2
• Senate bill as passed
• Conference report
• House conference report debate
• Senate conference report debate pt1
• Senate conference report debate pt2
• Senate conference report debate pt3
• Senate conference report debate pt4
• President’s remarks on signing the bill
• Presidential signing statement
• Public Law 104-264 – Congress ignored the ATC corporatization proposal but the law did include safety and security reforms and some ATC procurement streamlining and budget reform provisions.

1987 – House debate on taking the Airport and Airway Trust Fund off-budget.

1987 – Senate proposal to turn over air traffic control to a government-owned corporation.

• 1987 Senate Bill to spin-off ATC into a user-fee supported government corporation
• Sen. Inouye and Stevens statements about 1987 bill
• Senate Commerce Committee staff memo summarizing Inouye-Stevens bill
• Presidential Commission on Privatization – Hearing on Air Traffic Control (Video)

1987 – Senate Aviation Subcommittee hearing on an independent FAA (Video)

1987  – Senate oversight hearing on air traffic control.

1984 – Senate hearing on the status of the air traffic control system.

1975 – Bill to re-establish an independent Federal Aviation Agency (outside USDOT)

1976 – Bill to establish a United States Air Traffic Services Corporation

1969-1971 – Establishment of Airport and Airway Trust Fund (incomplete)

• DOT-OMB memo on AATF funding priorities
• Airport and Airways Development Act Amendments (P.L. 92-174)

• Message from the President,
• Senate Finance report on H.R. 14465,
• Airport and Airway Development Act of 1970 (P.L. 91-258) – created the Airport and Airway Trust Fund and levied related excise taxes 

1958 – Federal Aviation Act of 1958 – created the FAA

1957 – Aviation Facilities Planning: Final Report by the President’s Special Assistant

1955 – Aviation Facilities: The Report of the Aviation Facilities Study Group