WASHINGTON, D.C. – U.S. Senate Commerce Committee Chairman Ted Cruz (R-Texas) and Ranking Member Maria Cantwell (D-Wash.) have reached a bipartisan agreement on legislative text to advance the Rotorcraft Operations Transparency and Oversight Reform (ROTOR) Act out of committee next Tuesday.

The aviation safety legislation eliminates a loophole that allowed most military aircraft to operate without Automatic Dependent Surveillance – Broadcast (ADS-B) Out transmitting – a technology that broadcasts an aircraft’s precise location with greater precision than traditional radar. The bill also requires all aircraft to be equipped with ADS-B In, allowing pilots to better visualize and prevent incidents with other aircraft and vehicles on the ground. The bill also strengthens oversight of mixed air traffic and flight routes near commercial service airports and requires quarterly reports on ADS-B Out compliance, annual Department of Transportation Inspector General audits, and a safety review of potential improvements to airspace safety around DCA.

The revised legislation directs the Federal Aviation Administration (FAA) to update both standards on safe distances between aircraft and controller training once ADS-B In is widely adopted. The legislation also tasks the FAA with providing an Airborne Collision Avoidance System-X (ACAS-X) Action Plan to inform widespread adoption of advanced collision avoidance technologies and establishes an FAA Office of FAA-DOD Coordination to streamline communication between the FAA and military departments.

Finally, the revised legislation directs the Inspector General of the Army to conduct an audit of the Army’s coordination with the FAA, pilot training and qualification standards, and the Army’s use of ADS-B Out and whether it adheres to Army policy, regulation, and law. In June, Sens. Cruz and Cantwell led more than twenty colleagues in calling for such an audit.

Upon announcing the agreement, Sen. Cruz said, “What happened at DCA on January 29^th 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 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.”

The Families of Flight 5342 said, “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 the First Officer of 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.”

Background:

After the January 29^th midair collision between American Airlines Flight 5342 and a Black Hawk military helicopter near Ronald Reagan Washington National Airport (DCA), Sen. Cruz introduced the ROTOR Act to improve aviation safety, along with Sens. Jerry Moran (R-Kan.), Chairman of the Subcommittee on Aviation, Space, and Innovation; 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.). 

Sen. Cruz has sought accountability for ongoing coordination issues between the Army and DCA air traffic control. Immediately following the tragic January 29th incident, Sens. Cruz and Moran hosted a briefing for Commerce Committee members with the Federal Aviation Administration (FAA), the National Transportation Safety Board (NTSB), and the Army.

In June, Sen. Cantwell and Sens. Tammy Duckworth (D-Ill.); Amy Klobuchar (D-Minn.); Raphael Warnock (D-Ga.); Tim Kaine (D-Va.); Mark Warner (D-Va.) and Ed Markey (D-Mass.) introduced the Safe Operation of Shared Airspace Act of 2025 to strengthen aviation safety at DCA and airports across the nation, and improve oversight at the FAA. Sen. Cantwell has pursued accountability and solutions following the January 29th collision, calling for permanent helicopter restrictions, demanding Defense Secretary Hegseth provide clarification on military ADS-B policies and joining Chairman Cruz in requesting concurrent DOT and Army Inspector General audits of DCA airspace safety issues.

After the release of NTSB’s preliminary report, Sens. Cruz and Moran sent a letter pressing Brigadier General Matthew Braman, Director of Army Aviation for Headquarters, for more information on the tragic crash.

In March, following the Subcommittee on Aviation, Space, and Innovation hearing in which officials from the FAA, the Army, and NTSB testified, Sens. Cruz and Cantwell sent a letter to Secretary of Defense Pete Hegseth requesting he promptly order the production of the Army’s August 9, 2024 memo titled “ADS-B Out Off Operations in the National Airspace.” The Army repeatedly refused to provide the requested memo, failing to share it with Commerce Committee staff when requested earlier in March and denying Sens. Cruz and Cantwell’s request during the subcommittee hearing.

In June, Sens. Cruz and Cantwell, alongside U.S. Senate Homeland Security and Governmental Affairs Committee Chairman Rand Paul (R-Ky.) and Ranking Member Gary Peters (D-Mich.), led their Senate colleagues in sending a letter to the Acting Inspector General of the Department of Transportation and the Inspector General of the Department of the Army requesting concurrent audits in response to the January 29th midair collision.

Read the revised text here.

Read the full statement from the Families of Flight 5342 here.