Cantwell, Cruz Bipartisan Aviation Safety Agreement Requires Full Implementation of ADS-B Technology, Delivers Aviation Safety Results for Families

WASHINGTON, D.C. - U.S. Senator Maria Cantwell (D-Wash.), Ranking Member of the Senate Committee on Commerce, Science and Transportation, and Ted Cruz (R-Texas), Chair of the Committee, announced a bipartisan agreement requiring aircraft operators to equip their fleets with ADS-B In technology by December 31, 2031. The agreement addresses several safety issues identified by the National Transportation Safety Board's (NTSB) investigation into the mid-air collision near Reagan National Airport (DCA) that took 67 lives on January 29. It also closes the ADS-B Out loophole, strengthens FAA-Department of Defense (DoD) coordination, and requires comprehensive safety reviews of all aircraft operations in the DCA airspace, as well as all major and mid-size airports across the country.

"Bipartisan cooperation must ensure safety improvements are reached in aviation as quickly as possible," said Sen. Cantwell. "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."

"What happened at DCA on January 29th was a tragedy," said Sen. Cruz. "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."

"We appreciate Senators Cruz and Cantwell for demonstrating that aviation safety transcends politics," said Tim and Sheri Lilley, whose son, Tim, was the First Officer of Flight 5342. "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 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 Families of Flight 5342

The bipartisan agreement includes key elements of Sen. Cantwell's Safe Operation of Shared Airspace (SOSA) Act, introduced in June, that address multiple safety oversight failures exposed by the tragedy, including the Army Black Hawk helicopter not transmitting ADS-B technology, unsafe route design for mixed traffic near DCA and a lack of FAA and DoD coordination and information sharing. SOSA also addresses long-standing FAA air traffic controller shortages, FAA internal safety management systems and the need for important post-accident safety reviews. The legislation is co-sponsored by 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.)

The Cantwell-Cruz Bipartisan Aviation Safety Agreement:

• Closes ADS-B Out Loopholes and Ensures They Stay Closed: The agreement ends many Department of Defense (DoD) "sensitive government mission" ADS-B Out transmission exemptions that have allowed military and other government aircraft to fly near DCA and other busy airports without transmitting their location. Training flights, proficiency flights and flights of Federal officials below Cabinet rank will no longer qualify for the exemption. To ensure these loopholes remain closed, the bill requires a Government Accountability Office (GAO) review comparing pre- and post-reform use of exemptions, annual DOT Inspector General compliance audits, quarterly reporting requirements for all agencies performing sensitive government missions, and biannual reporting to Congress on the frequency of flights using any remaining exemptions, with special 14-day notification if agencies use exemptions five or more times per month.

• Requires ADS-B In Equipment to Boost Safety in the Air and On the Ground: The agreement includes Sen. Cantwell's SOSA provision mandating a clear 2031 deadline for aircraft operators to equip with ADS-B In technology. All commercial (e.g., passenger, cargo, business), military and general aviation operators who are already required by the FAA to be equipped with ADS-B Out must also equip with ADS-B In technology by December 31, 2031. The ADS-B In technologies must deliver key benefits for pilots that increase situational awareness and provide traffic advisories and alerting for operations in the air and on the ground at the airport. This will go a long way to prevent both mid-air and runway collisions.

• Requires Comprehensive Safety Reviews of DCA and All Major, Mid-size Airports: A key component of SOSA, the agreement requires a comprehensive FAA safety review of DCA airspace to assess how civil and military helicopter, drone and emergency first responder flights impact commercial operations at airports and to better prevent future incidents. These reviews ensure a thorough evaluation of all non-commercial flight routes near the airport. The agreement requires the same comprehensive FAA safety review of other Class B airports and Class C airports, prioritizing safety reviews for airports with high volumes of mixed flight traffic.

• Sets New Level of Coordination and Information Sharing Between FAA and DoD: The bipartisan agreement requires each military service with an aviation component to establish a memorandum of understanding with the FAA to share appropriate aviation safety information and enhance coordination to prevent future incidents. The Army has historically refused to share safety data except through lengthy Freedom of Information Act requests.

• Demands Army Accountability and Audit: The legislation mandates an Army Inspector General audit evaluating coordination with FAA, pilot training standards, ADS-B usage compliance, helicopter maintenance protocols and the Army's review of loss of separation incidents in the National Capital Region. Results must be transmitted to Congress and publicly released within 14 days of completion. Sens. Cantwell and Cruz led a letter to the Inspector General of the Army in June requesting the audit.

• Advances Next-Generation Collision Avoidance Technology (ACAS-X): The agreement lays the foundation for advancing the deployment of next generation collision avoidance technology - known as the Airborne Collision Avoidance System-X (ACAS-X) and its variants that can deliver strong improvements for aviation safety. During NTSB's hearings on the DCA collision, this technology was discussed due to its more versatile applications to helicopter operations. This technology provides better traffic conflict resolution alerts to pilots and can better prevent mid-air helicopter collisions in lower altitudes where existing collision avoidance technology does not activate. The agreement directs FAA to develop a strategic plan and roadmap for widespread adoption of the technology among aviation operators.

This agreement builds on Senator Cantwell's extensive record on aviation safety. Under her leadership as Commerce Committee Chair, the Federal Aviation Administration Reauthorization Act of 2024 passed with overwhelming bipartisan support, prioritizing air traffic controller hiring, FAA safety staffing, and implementing key NTSB safety recommendations like 25-hour cockpit voice recorders. Her landmark 2020 Aircraft Certification, Safety, and Accountability Act strengthened FAA oversight of manufacturers following the Boeing 737 MAX crashes. Senator 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.

The agreement text is here.

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