March 9, 2025

FAA privatization plan transfers ATC to nonprofit corporation

Safety experts warn profit motive threatens aviation security

White House memo on March 9, 2025, revived plan to spin off FAA air traffic control into non-profit corporation.

The privatization proposal seeks to cut $11 billion in federal spending while raising traveler fees versus delay concerns.

On March 9, 2025, the White House memorandum directed the Department of Transportation to draft a plan to spin off FAA air-traffic control into a nonprofit corporation within 180 days. (Source: White House memo text)

The proposal seeks to cut federal spending by $11 billion and to fund operations through dedicated user-fee bonds, which would shift risk from taxpayers to travelers and airlines and could raise per-flight fees. (Source: White House memo text)

The memo proposes consolidating 22 legacy regional ATC centers into six super-centers, projecting $2 billion in annual savings. (Source: AP modernization piece)

First-phase implementation costs are estimated at $12.5 billion to build six super-centers and upgrade radar systems. (Source: AP modernization piece)

The memorandum cites Canada’s NAV CANADA as a proof-of-concept that user-fee funding can sustain air-traffic control. (Source: NPR ATC story)

Opponents warn the plan may violate the Origination Clause by sidestepping congressional taxation authority and may transfer an “inherently governmental function” in contravention of OMB Circular A-76. (Sources: CRS memo; OMB Circular A-76)

Under the Congressional Review Act, if Congress disapproves the rule, the administration is permanently barred from issuing a “substantially similar” rule absent new legislation. (Source: Congress.gov CRA overview)

The memo places the new ATC corporation under the FAA Safety Office for regulatory oversight, separating safety functions from operations. (Source: White House memo text)

🚇Infrastructure📋Public Policy💰Economy

People, bills, and sources

Sean Duffy (Secretary of Transportation)

described the plan as "the most important infrastructure project in decades" during congressional hearings. (Source

Sam Graves (Chair, House Transportation Committee)

called ATC privatization a “distraction” at the March 6, 2025 hearing. (Source

What You Can Do

1

Read the full memorandum and user-fee bond proposal at https://www.whitehouse.gov/articles/2025/05/icymi-trump-administrations-plan-to-modernize-air-traffic-control-system/ to understand projected fee structures and spending cuts.

2

Track legal challenges to collective-bargaining rights under the FAA Modernization Act by reviewing NATCA’s statement at https://natca.org/press-releases/2025/03/09/atc-privatization-memo.

3

Examine definitions of “inherently governmental functions” in OMB Circular A-76 at https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A76/a76_incl_tech_correction.pdf to assess constitutional and regulatory constraints.

4

Use the CRA overview on Congress.gov (https://www.congress.gov/committee-activity/related-measures?measureNumber=HJRes90) to monitor any disapproval resolution’s timeline and long-term effects.

5

Follow ALPA’s #HandsOffOurATC updates at https://www.alpa.org/news-and-events/2025/03/alpa-hands-off-our-atc for developments on pilot training standards and safety advocacy.