First, organisational changes are required to ensure that oversight of the air traffic control system is conducted by an independent authority. The FAA is currently responsible for the operation and oversight of the US air traffic control system – a dual role that has the potential to undermine the agency’s ability to oversee its own operations. This organisational structure can create conflicts of interest as the FAA needs to balance the aviation industry’s demand for additional capacity with safety measures that may require increased aircraft separation. Therefore, any strategy to improve the safety of the US air traffic control system must necessarily include organisational changes to ensure that the FAA’s oversight responsibilities are separated from its operational functions.

Other countries have recognised the benefits of separating air traffic service providers from the organisations responsible for oversight of their operations. Some countries, such as Canada, have privatised their air traffic service providers – a strategy that has enhanced oversight and made their air traffic systems more efficient. But privatisation is not the only option. For example, the United Kingdom’s air traffic service provider is a public-private partnership separate from its aviation regulator. In other cases, regulators and air traffic service providers coexist as separate entities within the government. Regardless of the strategy used, separating air traffic service providers from their respective regulatory authorities has enhanced oversight and yielded real safety benefits.

Organisational changes of this magnitude will be complex and will require Congressional approval. But this type of change is not unprecedented. In the past, Congress has taken actions to evolve the organisations responsible for aviation oversight in response to fatal accidents. The Department of Commerce was originally responsible for oversight as part of its mandate to promote safe expansion of the aviation industry. In 1938, following a spate of fatal accidents, an independent Civil Aeronautics Authority was established to enhance aviation safety oversight. In 1956, a midair collision involving two airliners killed all 128 people on board. Two years later, Congress established the Federal Aviation Agency (now the Federal Aviation Administration) and assigned it the responsibility for regulating aviation safety, as well as overseeing the operation of the nation’s air traffic control system. The midair collision in Washington, the deadliest aviation accident in the US since 2001, is indicative of the need for Congress to consider organisational changes that clearly separate the FAA’s current operational and oversight responsibilities.