U.S. Senate Commerce Committee Chairman Ted Cruz (R-Texas) and Ranking Member Maria Cantwell (D-Wash.) have announced a bipartisan agreement on the legislative text of the Rotorcraft Operations Transparency and Oversight Reform (ROTOR) Act. The committee is scheduled to consider the legislation next Tuesday.
The ROTOR Act addresses aviation safety by closing an exemption that previously allowed most military aircraft to operate without using Automatic Dependent Surveillance – Broadcast (ADS-B) Out, a technology that provides precise aircraft location data. The bill would also require all aircraft to have ADS-B In, enabling pilots to better detect and avoid other aircraft and vehicles on the ground. Additional provisions include stronger oversight of mixed air traffic near commercial airports, quarterly reports on ADS-B Out compliance, annual Department of Transportation Inspector General audits, and a safety review of possible improvements to airspace safety around Ronald Reagan Washington National Airport (DCA).
Under the revised legislation, the Federal Aviation Administration (FAA) would be directed to update standards for safe aircraft separation and controller training after broad adoption of ADS-B In. The FAA is also tasked with creating an Airborne Collision Avoidance System-X (ACAS-X) Action Plan to support advanced collision avoidance technology, and an FAA Office of FAA-DOD Coordination would be established to improve communication between the FAA and military branches.
The bill further requires the Inspector General of the Army to audit Army coordination with the FAA, pilot training standards, and compliance with Army policies on ADS-B Out use. Senators Cruz and Cantwell, along with over twenty colleagues, had previously called for such an audit in June.
Sen. Cruz commented, “What happened at DCA on January 29th was a tragedy. Sixty seven 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 partnership on this critical piece of bipartisan legislation to protect American skies.”
Sen. Cantwell stated, “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.”
A statement from the Families of Flight 5342 read, “The Families of Flight 5342 deeply thank Chairman Ted Cruz (R-TX) and Ranking Member Maria Cantwell (D-WA) 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.”
Tim and Sheri Lilley, whose son Sam was First Officer on Flight 5342, said, “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 background for this legislative effort follows a midair collision on January 29 between American Airlines Flight 5342 and a Black Hawk military helicopter near Ronald Reagan Washington National Airport (DCA), resulting in significant loss of life. Following this incident, Sen. Cruz introduced the ROTOR Act with support from other senators including Jerry Moran (R-Kan.), Marsha Blackburn (R-Tenn.), Ted Budd (R-N.C.), Shelly Moore Capito (R-W.Va.), Roger Marshall (R-Kan.), Eric Schmitt (R-Mo.), Tim Sheehy (R-Mont.), and Todd Young (R-Ind.).
After the crash, Sens. Cruz and Moran organized a briefing for Commerce Committee members with officials from the FAA, National Transportation Safety Board (NTSB), and Army to address coordination issues between military operations and civilian air traffic control at DCA.
In June, Sen. Cantwell introduced separate legislation aimed at improving aviation safety at DCA and across U.S. airports alongside several Senate colleagues. She has also advocated for permanent helicopter restrictions at DCA, sought clarification from Defense Secretary Hegseth regarding military ADS-B policies, and joined Sen. Cruz in requesting audits by both Department of Transportation and Army Inspectors General into DCA airspace safety.
After NTSB’s preliminary report was released, Sens. Cruz and Moran requested additional information from Brigadier General Matthew Braman regarding Army Aviation procedures related to the crash.
In March, following testimony from FAA, Army, and NTSB officials before the Subcommittee on Aviation, Space, and Innovation, Sens. Cruz and Cantwell requested Secretary of Defense Pete Hegseth release an Army memo concerning ADS-B Out operations; however, this request was not fulfilled.
Later in June, Sens. Cruz and Cantwell led other Senate committee leaders in formally requesting concurrent audits by Inspectors General of both DOT and Army regarding airspace safety concerns raised by the January collision.
