WASHINGTON, D.C.–In his opening statement at today’s Senate Commerce, Science, and Transportation Committee hearing, “The NTSB Final Report on the DCA Midair Collision,” Chairman Ted Cruz (R-Texas) urged the House of Representatives to pass the bipartisan Rotorcraft Operations Transparency and Oversight Reform (ROTOR) Act, warning that Congress cannot wait for another near miss or preventable tragedy to act.  

Following the 2025 midair collision between an American Airlines flight and a U.S. Army Black Hawk helicopter that killed 67 people, the National Transportation Safety Board (NTSB) recommended that aircraft operating in congested airspace be equipped with ADS-B In and Out, a more accurate location broadcasting technology. Chairman Cruz’s ROTOR Act—passed unanimously by the Senate in December—would implement these broadcasting recommendations. 

Here are Sen. Cruz’s remarks as prepared for delivery:

“Good morning.  The Senate Committee on Commerce, Science, and Transportation will come to order. 

“Before I begin my opening statement, today marks the 17^th 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. 

* * * 

“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 18^th time, the NTSB is urging aircraft in 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 with the 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. 

“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.  

“The ROTOR Act, which passed the Senate unanimously in December, rescinds that new defense bill loophole and it enacts the 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. 

“The ROTOR Act ensures a commercial airliner landing at a major airport has visibility — in daytime or darkness — to any nearby aircraft, whether it’s a military helicopter or a general aviation pilot, and vice versa. No more flying blind.  

“The ROTOR Act will begin to protect the flying public now, which is why the House should pass it and put it on the President’s desk. 

“Now I’ve heard some faint grumbling from stakeholders and others who want to put the same kind of loopholes into the ROTOR Act that caused the DCA crash. Some want exemptions for private jets while a few airlines quietly carp about the cost of safety-enhancing technology. 

“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?  

“I hope my House colleagues don’t wait for another accident — or for the NTSB to recommend ADS-B for the 19^th time — before acting. I also hope the House doesn’t try to resolve the dozens of other safety recommendations from the NTSB because we know this particular one — on ADS-B — can start now and save lives. 

* * * 

“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.” 

###