At a Senate Commerce, Science, and Transportation Committee hearing on the National Transportation Safety Board’s (NTSB) final report regarding the DCA midair collision, Chairman Ted Cruz (R-Texas) called for urgent passage of the bipartisan Rotorcraft Operations Transparency and Oversight Reform (ROTOR) Act. The legislation, which passed unanimously in the Senate in December, is awaiting action in the House of Representatives.
The 2025 collision involved an American Airlines flight and a U.S. Army Black Hawk helicopter near Ronald Reagan Washington National Airport, resulting in 67 fatalities. Following its investigation, the NTSB recommended that aircraft operating in congested airspace be equipped with ADS-B In and Out technology to improve location broadcasting.
Chairman Cruz emphasized these recommendations in his statement: “Good morning. The Senate Committee on Commerce, Science, and Transportation will come to order.
“Before I begin my opening statement, today marks the 17th anniversary of the Colgan Air Flight 3407 accident in New York. We remember the 50 lives lost, as we somberly meet to discuss another deadly aviation accident.
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“Aviation safety relies on the ‘swiss cheese model’ to mitigate and manage risk. Layers upon layers of human intervention and technology are meant to close any vulnerabilities, or figurative holes, left by the previous layer. Unfortunately, just over one year ago, that safety system failed three miles from here at Ronald Reagan Washington National Airport.
“For more than 15 years, pilots, controllers, and reams of aviation data detected at least one near mid-air collision each month at National Airport. In 2013, after a helicopter and plane on approach to DCA nearly crashed into each other, controllers and helicopter operators formed a working group to improve coordination in the local airspace. That group met often and, at some point, even elevated recommendations to revise and improve mapped flight routes to show known hotspots. But their suggestions were ignored.
“That’s one of many failures uncovered by the NTSB that — had people responded differently — tragedy would have been avoided last year.
“I want to commend NTSB Chairwoman Jennifer Homendy and all of the NTSB staff for their efforts. They did yeoman’s work to complete the DCA crash investigation in just twelve months.
“In addition to examining the causes of the DCA accident, the NTSB made 50 recommendations to improve aviation safety.
“One of those recommendations — arguably the most impactful one — should be familiar. For the 18th time, the NTSB is urging aircraftin busy airspace to have ADS-B onboard.
“Had the Black Hawk and Bombardier CRJ been equipped to receive ADS-B location signals on January 29, 2025, the pilots would have been warned of each other’s exact position nearly a minute before impact and 67 people would still be alive. Instead, the CRJ’s pilots didn’t see the helicopter until a split second before impact while the helicopter crew, it appears, never saw the CRJ.
“The NTSB review revealed another major safety loophole: military aircraft were routinely ignoring rules that required aircraft flying in busy airspace to transmit ADS-B signals. Although planes don’t share their locations with each other via ADS-B, they must broadcast such information to air traffic control. But the Army used a special carveout so it didn’t have to consistently comply withthe broadcast mandate.
“Moreover, the NTSB discovered that this particular helicopter’s ADS-B Out wasn’t even correctly configured.
“After the January crash, the FAA eliminated the military’s blanket exemption. But just a few weeks ago, a new loophole was tucked into the annual defense authorization bill, making it easier for the military to continue flying without ADS-B around DCA.”
Cruz noted that these findings highlight gaps between civilian and military compliance with location-broadcasting requirements for aircraft operating around major airports such as Washington National Airport — a key concern given longstanding committee oversight responsibilities involving transportation policy, according to the Senate Commerce Committee's official website.
He continued: “If we learned anything from the DCA crash, it’s that you can’t have a safe airspace when operators are following different sets of rules. That’s why our Committee authored and approved the bipartisan ROTOR Act.”
Cruz explained further: “The ROTOR Act rescinds that new defense bill loophole and enacts a central NTSB recommendation of this investigation. The ROTOR Act requires all aircraft in congested airspace to broadcast their locations to each other via ADS-B. No more flying blind.”
He addressed criticism from stakeholders seeking exemptions for private jets or regional airlines: “These criticisms aren’t valid and are, frankly, disturbing. Flying can only be safe when everyone follows the same standards. Why would we want to exempt regional airlines from ADS-B given that Flight 5342 was a regional airline?”
Cruz concluded by addressing families affected by last January's crash: “In the room with us today are loved ones of the 67 men, women, and children who were killed in last January's crash. I'm encouraged and inspired by your tireless advocacy for safer skies. It pains all of us to know your lives were irreparably changed. There’s nothing we can do to bring back your spouses, your children, your parents, your cousins, or your friends, but I hope we can turn grief into action. Thank you for working to make sure no other family has to suffer this kind of tragedy again.”
The Senate Commerce Committee, led by its chairman with members from both parties, regularly reviews transportation-related legislation during congressional sessions as part of its role within legislative branch policymaking.
