Senator Ted Cruz Proposes ROTOR Act to Enhance Aviation Safety

(Edited 7-31-2025) In the wake of a tragic mid-air collision near Washington, D.C., that claimed 67 lives, Senator Ted Cruz (R-TX) has introduced the ROTOR Act, a legislative effort aimed at closing critical gaps in safety. The crash, involving an American Airlines regional jet and a U.S. Army Black Hawk helicopter, marked the deadliest aviation disaster in the United States in over two decades. The incident has since spurred a national conversation about flight-tracking technologies and airspace accountability, particularly when military and civilian aircraft share congested skies.

The ROTOR Act, short for Rotorcraft Operations Transparency and Oversight Reform, seeks to mandate the use of Automatic Dependent Surveillance–Broadcast (ADS-B) technology across virtually all aircraft, including military helicopters. The bill also proposes enhanced oversight of helicopter routes near commercial service airports and demands increased transparency from military aviation operations in civilian airspace, including quarterly reports on ADS-B Out compliance and a study on potential improvements to the airspace around Ronald Reagan Washington National Airport (DCA). With support from several Republican senators and concern from key aviation agencies, the legislation reflects a significant shift in how the U.S. might manage mixed-use airspace moving forward.

The legislation is not only a response to a singular tragedy but also a broader attempt to modernize U.S. air traffic control and align with international safety standards. As the National Transportation Safety Board (NTSB) continues to investigate the circumstances surrounding the crash, the ROTOR Act represents a proactive step toward preventing similar incidents in the future.

On January 29, 2025, American Airlines Flight 5342, a Bombardier CRJ700 operated by PSA Airlines, collided mid-air with a U.S. Army Black Hawk helicopter designated Priority Air Transport 25 (PAT25). The crash occurred during the jet’s final approach to Ronald Reagan Washington National Airport, resulting in both aircraft plunging into the Potomac River and the loss of all 67 people on board (64 on the jet, including 2 pilots, 2 flight attendants, and 60 passengers; and 3 crew on the helicopter).

Investigators identified multiple contributing factors, including the Black Hawk’s ADS-B Out system being turned off and altimeter discrepancies that led the helicopter to fly above the maximum allowable altitude for its route. The ADS-B system, which broadcasts an aircraft’s position, altitude, and speed to air traffic control and other aircraft, is a cornerstone of modern airspace safety. With it off, the helicopter did not broadcast enhanced position data, though its Mode S transponder remained active, allowing it to be tracked by ATC radar and visible to the jet’s Traffic Alert and Collision Avoidance System (TCAS).

Military aircraft are currently allowed to disable ADS-B systems during certain operations, even in non-sensitive missions. In this case, the helicopter was flying a routine training mission, not a classified or sensitive operation, yet its ADS-B system remained off. The NTSB later revealed that between October 2021 and December 2024, there were over 15,000 close proximity events (aircraft within one nautical mile) in the DCA airspace, underscoring the systemic risks posed by such exemptions and route overlaps.

The cornerstone of the ROTOR Act is the requirement for universal adoption of ADS-B Out and ADS-B In systems across all aircraft in controlled airspace. ADS-B Out ensures that an aircraft’s location and velocity are broadcast to air traffic control and nearby aircraft. ADS-B In allows pilots to receive this data in real-time, providing a comprehensive view of surrounding traffic on cockpit displays.

Under the bill, all aircraft, including military and civilian, must operate with ADS-B Out enabled when flying in congested or controlled airspace. Exceptions are granted only for sensitive government missions, which must be coordinated with the FAA and require temporary airspace closures. It closes a loophole allowing the Department of Defense to fly domestically without ADS-B Out.

This mandate aligns with long-standing NTSB recommendations and reflects growing consensus among aviation experts that ADS-B technology is essential for preventing mid-air collisions, particularly in busy corridors like the D.C. region.

The ROTOR Act also addresses the physical routes taken by helicopters near major airports. One key provision is enhanced oversight of helicopter corridors, including those that pass close to commercial flight paths near Reagan National Airport. Helicopter Route 1, which the Black Hawk was following and had been flagged in earlier assessments, had a maximum altitude of 200 feet but remained active until the January 2025 crash.

The FAA is now tasked with redesigning helicopter corridors to ensure they do not intersect or closely parallel commercial aircraft approaches. These changes are intended to reduce the chances of future conflicts between slow-moving helicopters and fast-approaching jets.

By codifying these route changes into law, the ROTOR Act prevents future administrative reversals and ensures that safety improvements remain in place regardless of changes in leadership or policy priorities.

The bill includes several oversight mechanisms to ensure compliance and transparency, such as quarterly reports to the FAA detailing any flights conducted without ADS-B Out in civilian airspace. These reports will be made available to Congress and the public, increasing pressure on agencies to adhere to safety protocols.

This level of scrutiny is designed to ensure that military training does not compromise the safety of civilian air traffic and that any deviations from standard procedures are justified and documented.

In July 2025, the NTSB held a three-day public hearing to investigate the crash. Key topics included the operational status of the Black Hawk’s ADS-B system (which was off), the transponder (which was active), and the actions of air traffic controllers in the moments leading up to the collision. Findings confirmed altimeter discrepancies on the Black Hawk, with the helicopter flying at approximately 278 feet—above the 200-foot limit—and potential issues with ATC transmission reception.

The NTSB issued urgent safety recommendations, including mitigating mid-air collision risks at DCA through route redesigns and ADS-B mandates. These recommendations are reflected in the ROTOR Act, indicating a strong alignment between investigative findings and legislative action.

The hearings also revealed that air traffic controllers received a conflict alert about 20 seconds before the crash, and the jet’s TCAS issued a traffic advisory at the same time, but they were unable to resolve it in time due to the rapid closure and altitude overlap.

In response to the crash and subsequent investigations, the FAA temporarily suspended use of the helicopter route involved in the collision. Transportation Secretary Sean Duffy also announced a $31.5 billion modernization plan for U.S. air traffic control systems, which includes widespread deployment of ADS-B technology.

This plan aims to replace outdated radar systems and integrate more advanced surveillance tools, enhancing situational awareness for both pilots and controllers. Though the ROTOR Act focuses on immediate safety gaps, the broader modernization effort represents a long-term commitment to airspace safety.

The FAA has also begun reviewing its policies on military flight exemptions and is expected to issue new guidance in coordination with the Department of Defense.

The ROTOR Act has received support from victims’ families, aviation industry leaders, and safety advocates. Doug Lane and Tim Lilly, who lost family members in the crash, publicly endorsed the bill, calling it a necessary step to ensure that no other families suffer a similar loss.

American Airlines also voiced its support, emphasizing that the bill would enhance safety for all passengers and crew members. Industry analysts have highlighted that the cost of installing ADS-B systems is minimal compared to the human and economic toll of a major aviation disaster.

With backing from cosponsors including Sens. Jerry Moran (R-KS), Marsha Blackburn (R-TN), and others, and endorsements from key stakeholders, the ROTOR Act appears poised to become a cornerstone of U.S. aviation safety reform.

The introduction of the ROTOR Act marks a significant shift in how the United States approaches aviation safety, particularly in mixed-use airspace where military and civilian aircraft operate side by side. By mandating universal ADS-B usage, reforming helicopter routes, and increasing oversight, the legislation addresses long-standing vulnerabilities that were tragically exposed in the January 2025 crash.

As the bill moves through Congress, its passage could set a new standard for transparency and accountability in aviation operations. With strong support from regulators, industry leaders, and the public, the ROTOR Act has the potential to reshape the future of airspace safety in the U.S. and bring it in line with global best practices.