Sen. Cruz: Americans Deserve a Modern Air Traffic Control System That Is Safe and Reliable

WASHINGTON, D.C. - In his opening statement at today's Senate Commerce Subcommittee on Aviation Safety, Operations, and Innovation hearing titled "U.S. Air Traffic Control Systems, Personnel and Safety," Ranking Member Ted Cruz (R-Texas) voiced his deep concerns over the Federal Aviation Administration's (FAA) inability to modernize "at risk" systems and highlighted the serious need for improving air traffic facilities and radar systems. Sen. Cruz also discussed the need to both address the failures of the FAA's NextGen program and start a conversation about how best to modernize the U.S. air traffic system. Sen. Cruz pledged that enhancing the efficiency and reliability of America's airspace operation will be a top priority as he takes over as the Chairman of the Commerce Committee next Congress.

Here are Sen. Cruz's remarks as prepared for delivery:

"Before I begin, I want to comment on the announcement that Michael Whitaker will resign on January 20^th. I want to thank him for his service. He was confirmed without a single no vote - a testament to his experience, judgment, and apolitical nature. He has ably led the agency during a challenging period and I want to thank him for his public service.

"On January 11, 2023, the nation experienced its first nationwide ground stop of air travel since 9/11. This ground stop resulted in roughly 10,000 flights being canceled and days of delays for travelers. What could have prompted this grounding of air travel? It wasn't weather or some airline experiencing operational difficulties; it was because the FAA's NOTAM (No-Tam) system, which delivers crucial safety information to pilots, experienced a technical glitch.

"NOTAM has been used since 1947, and while the technology has evolved from the original telephone system, the current system has not been updated in over a decade. In fact, the most recent change to NOTAM was when the Biden Administration changed 'Notice to Airmen' to 'Notice to Air Missions.' I think the American people would have preferred the Administration focus on modernizing the antiquated system over obsessing on gendered language.

"In response to this massive failure, the FAA conducted a review of more than 100 critical systems for air traffic in this country. Notably, of the systems FAA evaluated, roughly a third of these systems were unsustainable. Even more concerning, the Government Accountability Office (GAO) looked at FAA's assessment and discovered the FAA didn't have plans to modernize 17 systems that were "most at risk." This is completely unacceptable.

"Air traffic facilities and radars need improvement. Based on FAA data, the reliability of the FAA's radar fleet is declining. They are online less often; unscheduled and scheduled outages last longer; and it takes longer to restore service when radar does break down. The United States should be a leader in aviation technology. Sadly, this is no longer the case.

"Not only does the report deliver a harsh assessment of decades of sustainment efforts, it also presents a bleak picture when one considers the funding wasted on doomed projects. For example, the GAO identified one ATC system that needed additional funding for modernization just two years after it was completed. Other projects took more than ten years to complete - becoming obsolete almost as soon as they were deployed.

"The FAA has long been plagued by difficulties in maintaining and modernizing ATC systems, especially the NextGen project. NextGen was first developed in the very early 2000s and has largely failed to deliver the promised benefits. As projects finish, they quickly become outdated, underscoring the problem of such slow modernization.

"The FAA Reauthorization Act of 2024 addresses the problems with NextGen, requiring the FAA to finish development of NextGen and sunset the office by the end of next year. Before the FAA can embark on another wholesale modernization project, the law requires the FAA to present the 'business case' for the project to Congress, ensuring the FAA conducts the analyses necessary to identify feasible benchmarks for the NAS before starting the next big project.

"The breadth, scale, and sheer number of these challenges should cause us to question the fundamental structure and operations of the FAA. Is this the right model for air traffic control?

"Experts across the political spectrum agree there is a need for stakeholders to come together and discuss the path forward. In November 2023, the National Airspace System Safety Review Team appointed by the FAA submitted an independent report to the FAA and Congress focused on improving safety in the NAS, which included evaluating the reliability of the Air Traffic Organization and the NAS. Administrator Michael Whitaker has also said the aviation community should be evaluating alternatives to insulate the agency from political disruptions. I agree - Congress should discuss and consider creative alternatives to ensure the national airspace system reliably works for all users, particularly as new aviation transportation technology enters the market.

"The conclusions from the GAO report are numerous, but they all point to one clear conclusion. The status quo of how the FAA modernizes our ATC is unacceptable. Our nation should be the leader in this field, and instead we are stuck with technology that is outdated as soon as it is introduced into the airspace. I applaud the thousands of air traffic controllers who safely manage thousands of flights, but broader conversations about how we modernize our air traffic system are needed.

"The American people deserve an operation that uses its funding wisely, is innovative while ensuring safety, and is also world-leading in reliability. As Chairman next year, I intend to focus heavily on the status of the airspace and what changes may be necessary to enhance its efficiency and reliability."

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https://www.commerce.senate.gov/2024/12/sen-cruz-americans-deserve-a-modern-air-traffic-control-system-that-is-safe-and-reliable