02.06.25

Cantwell Letter to Duffy: ‘You Must Make Sure That All Conflicts Of Interest Between The FAA & Elon Musk Are Removed’

In letter to Transportation Secretary Sean Duffy, Cantwell urges admin to protect flying public from Elon Musk’s clear conflicts of interest; Cantwell: “We have ethics and recusal laws for a reason - to prevent corporate interference in protecting the public interest.”

WASHINGTON, D.C. – Today, U.S. Senator Maria Cantwell (D-WA), ranking member of the Senate Committee on Commerce, Science, and Transportation and senior member of the Senate Finance Committee, sent a letter to Secretary of Transportation Sean Duffy calling on him to ensure that Elon Musk stays out of the Federal Aviation Administration (FAA), citing Musk’s clear conflicts of interest.

“FAA has the legal responsibility for safety oversight of companies with commercial space transportation licenses. Elon Musk’s SpaceX rocket launches share the airspace with commercial airplanes, and the FAA has the responsibility for keeping the entire airspace safe. SpaceX has been fined by the FAA for failing to comply with specific requirements in its launch license. Mr. Musk, in turn, called for the firing of Mike Whitaker, the FAA Administrator who the Senate confirmed 98-0 because the FAA issued a fine against SpaceX for not following the rules. We have ethics and recusal laws for a reason—to prevent corporate interference in protecting the public interest,” Sen. Cantwell wrote.

“We are now without a permanent FAA Administrator to lead us through the biggest U.S. air crash we have had in years. Secretary Duffy, you must make sure that all conflicts of interest between the FAA and Elon Musk are removed.”

Yesterday, Duffy wrote on the social media platform X that he plans to use The Department of Government Efficiency, of which Musk is a leader, “to plug in to help upgrade our aviation system.” His post followed two weeks of DOGE employees disrupting operations across the federal government, including freezing the hiring of air traffic controllers and encouraging all FAA employees to take a buyout. This also included urging federal employees – including air traffic controllers and FAA safety inspectors – to end their employment through a new deferred resignation program in the midst of a shortage of about 3,000 certified controllers and need for more safety inspectors on aircraft production factory floors.

Elon Musk is the owner and founder of SpaceX, an aerospace company that launched 134 rockets last year. In September, the FAA fined the company $633,009 for failing to follow license requirements for two launches.

Earlier today, Sen. Cantwell told reporters in a press gaggle on Capitol Hill that Musk’s involvement in the FAA’s oversight of our air transportation system was “a clear conflict of interest.”

Last year, when Sen. Cantwell served as chair of the Senate Committee on Commerce, Science, and Transportation, she sounded the alarm about the staffing shortage of air traffic controllers, need for more FAA safety inspectors, a series of aviation incidents and near-misses on and around runways, and the midair blowout of a door plug in January 2024. She led the passage of the FAA Reauthorization Act, signed into law in May 2024, which boosts controller staffing, ensuring a five-year commitment to maximum hiring and training to close the current staffing gap. The law requires upgraded safety technologies - giving controllers better visibility into runway traffic - to be installed at every large and medium airport nationwide. The law also includes stricter safety standards for aircraft operators and plane manufacturers, as well as provisions to boost staffing to put more FAA safety inspectors on factory floors.

The full text of the letter is HERE and below:

February 6, 2025

The Honorable Sean Duffy

Secretary

U.S. Department of Transportation

1200 New Jersey Avenue SE

Washington DC, 20590

Secretary Duffy:

When you and I spoke the other day, you asked if we could work together to accelerate the implementation of the Next Generation Air Transportation System (Next Gen) —as we directed Federal Aviation Administration (FAA) to do in the FAA Reauthorization that became law in May 2024. I agree we need to work together to galvanize support to continue getting the best technology in place as soon as possible and make federal investments to make aviation safer.

However, when we spoke, you did not discuss your intention to involve Elon Musk in the FAA’s safety systems or process. It is a conflict of interest for someone whose company is regulated by the federal government to be involved in anything that affects his personal financial interest, his company or his competitors.

FAA has the legal responsibility for safety oversight of companies with commercial space transportation licenses. Elon Musk’s SpaceX rocket launches share the airspace with commercial airplanes, and the FAA has the responsibility for keeping the entire airspace safe. SpaceX has been fined by the FAA for failing to comply with specific requirements in its launch license. Mr. Musk, in turn, called for the firing of Mike Whitaker, the FAA Administrator who the Senate confirmed 98-0 because the FAA issued a fine against SpaceX for not following the rules. We have ethics and recusal laws for a reason—to prevent corporate interference in protecting the public interest.

We are now without a permanent FAA Administrator to lead us through the biggest U.S. air crash we have had in years. Secretary Duffy, you must make sure that all conflicts of interest between the FAA and Elon Musk are removed.

I look forward to working with you to invest in our aviation safety and appreciate your cooperation in ensuring all ethics laws and regulations are followed.

Sincerely,

Maria Cantwell

Ranking Member

Cc: David Huitema, Director, Office of Government Ethics

       Mitch Behm, Acting Inspector General, U.S. Department of Transportation