The 'modern' air-traffic-control system, and the FAA itself, was created in the aftermath of one of the most dramatic commercial midair bashes, way back in 1956.
Creating a new air traffic control regulator outside of the FAA would be a risky and expensive undertaking, the consequences and costs of which would be borne by American taxpayers and the traveling public.
Nate: [Hands Neil an envelope with new ID's] Passports, traveler's checks, plastic. The plane, charter terminal, LAX, hangar 17. Call letters are 1011 Sierra. Touches down, holds for you five minutes, then splits. The plane will stand an FAA check. Filed a flight plan that works.
Neil McCauley: Hey, where's Chris?
Nate: He's gone.
Neil McCauley: What?
Neil McCauley: Said he's going on his own. Went to look for Charlene.
Neil McCauley: Didn't you bring him here?
Nate: Yeah, I brought him here.
Neil McCauley: What happened?
Nate: It's a free country, brother.
Hugh Lang: [to Whip] The FAA and the NTSB took 10 pilots, placed them in simulators, recreated the events that led to this plane falling out of the sky. Do you know how many of them were able to safely land the planes? Not one. Every pilot crashed the aircraft, killed everybody on board. You were the only one who could do it!