U.S. Senators Maria Cantwell (D-Wash.) and Ted Cruz (R-Texas) have reached a bipartisan agreement that will require aircraft operators to install ADS-B In technology in their fleets by December 31, 2031. The move follows recommendations from the National Transportation Safety Board (NTSB) after a mid-air collision near Reagan National Airport (DCA) on January 29 that resulted in 67 fatalities.
The agreement also closes the ADS-B Out loophole, which had allowed certain Department of Defense (DoD) and government aircraft to operate near busy airports without transmitting their location. The new legislation will limit exemptions to only the most sensitive government missions and increase oversight through audits and reporting requirements.
Senator Cantwell said, “Bipartisan cooperation must ensure safety improvements are reached in aviation as quickly as possible. The agreed upon language delivers real aviation safety improvements by making sure that ADS-B In and Out requirements are truly implemented after 17 years of delay with no FAA loopholes. This agreement closes DoD loopholes immediately and mandates ADS-B In for the first time, locking in a hard deadline so the FAA can’t continue delaying implementation."
Senator Cruz added, “What happened at DCA on January 29th was a tragedy. 67 lives were lost, and their families have had to endure an unfathomable amount of grief. We owe it to them and every traveling American to make sure another accident never happens again. The ROTOR Act makes common-sense safety improvements that are long overdue. I am thankful to Sen. Cantwell for her willingness to work with me on passing this critical piece of legislation to protect American skies.”
Tim and Sheri Lilley, whose son was First Officer of Flight 5342, stated, “We appreciate Senators Cruz and Cantwell for demonstrating that aviation safety transcends politics. Their agreement marks an important step toward addressing the risks that cost our son, First Officer Sam Lilley, and 66 others their lives. We call on Congress to continue moving quickly and decisively to pass and fully implement these reforms because every person who boards an aircraft depends on it.”
The Families of Flight 5342 also issued a statement: “The Families of Flight 5342 deeply thank Chairman Ted Cruz (R-Texas) and Ranking Member Maria Cantwell (D-Wash.) for their bipartisan leadership in advancing the Cruz/Cantwell ROTOR Act- an essential first step toward fixing the failures that cost 67 lives on January 29, 2025. Their action demonstrates that safety must always come before politics, profit, or convenience.”
The agreement incorporates provisions from Senator Cantwell’s Safe Operation of Shared Airspace (SOSA) Act, introduced in June. The SOSA Act addresses safety oversight failures revealed by the January collision, including issues with military helicopters not transmitting ADS-B data and inadequate coordination between the FAA and DoD. It also seeks to address air traffic controller shortages and improve internal FAA safety management.
The new legislation requires a comprehensive FAA safety review of DCA airspace and other major and mid-size airports. These reviews will evaluate how non-commercial flights, such as those by helicopters and drones, interact with commercial operations. There will also be a focus on improving coordination and information sharing between the FAA and each military service.
The agreement calls for an Army Inspector General audit to assess coordination with the FAA, pilot training standards, compliance with ADS-B usage, helicopter maintenance protocols, and the Army’s review of incidents involving loss of separation. The results of this audit will be reported to Congress and made public.
Additionally, the agreement supports the development and deployment of next-generation collision avoidance technology, known as Airborne Collision Avoidance System-X (ACAS-X), which is designed to improve safety for both fixed-wing aircraft and helicopters at lower altitudes.
Senator Cantwell has previously led efforts on aviation safety. As Commerce Committee Chair, she helped pass the Federal Aviation Administration Reauthorization Act of 2024, which focused on air traffic controller hiring and implementing NTSB recommendations. She also played a key role in the Aircraft Certification, Safety, and Accountability Act of 2020 following the Boeing 737 MAX incidents.
The full text of the agreement is available for review.
