The Department of War has formally endorsed legislation introduced by Sen. Ted Cruz (R-Texas) that would require nearly all aircraft operating in U.S. airspace — including military aircraft — to use enhanced tracking technology aimed at preventing midair collisions.
In a statement released December 17, the Department said it supports the Rotorcraft Operations Transparency and Oversight Reform Act, known as the ROTOR Act, which is currently before the Senate Commerce, Science, and Transportation Committee.
“The Department of War thanks Chairman Cruz, Ranking Member Cantwell, Sen. Moran, Sen. Marshall, and Sen. Duckworth for their leadership on the Rotorcraft Operations Transparency and Oversight Reform Act which would enhance communications to improve aviation safety,” said Sean Parnell, Assistant to the Secretary of War for Public Affairs and Senior Advisor. “The Department supports this legislation and appreciates the Committee on Commerce, Science, and Transportation’s continued partnership and dialogue to account for critical national security operations. The Department looks forward to continuing the productive dialogue with the Committee to finalize the bill, and working towards its ultimate passage.”
Legislation Follows January Midair Collision
The ROTOR Act was introduced on July 29, six months after a midair collision near Ronald Reagan Washington National Airport that killed 67 people. The crash involved American Airlines Flight 5342 and a U.S. Army Black Hawk helicopter operating in the Washington, D.C., airspace.
According to Senate materials, the legislation is designed to address safety gaps identified after the crash and improve coordination between civilian and military aircraft operating in congested airspace.
Closing Military Tracking Loopholes
The bill would require virtually all aircraft operating in controlled U.S. airspace to be equipped with Automatic Dependent Surveillance–Broadcast In (ADS-B In), a system that allows pilots to receive precise location data from nearby aircraft. It also tightens rules governing the use of ADS-B Out, which transmits an aircraft’s position to air traffic control and other aircraft.
Under current regulations, certain military aircraft have been permitted to operate domestically without transmitting ADS-B Out signals. The ROTOR Act directs the Federal Aviation Administration to revise those exceptions, clarifying that routine training or proficiency missions in Class B or Class C airspace do not qualify as “sensitive government missions” exempt from tracking requirements.
The legislation also mandates quarterly reporting on ADS-B compliance, congressional notification if exemptions are overused, and public disclosure of audit findings related to Army aviation operations in the National Capital Region.
Oversight and Audits Required
In addition to equipment mandates, the ROTOR Act orders the Inspector General of the Army to conduct an audit examining coordination with the FAA, pilot training and qualification standards, and compliance with tracking requirements. The resulting report must be released publicly, with redactions permitted only when required for national security reasons.
The bill further directs the FAA to study the feasibility of establishing a dynamic restricted airspace area near Reagan National Airport and to review helicopter routes near commercial airports nationwide to improve separation between rotorcraft and fixed-wing aircraft.
Cruz: “We Will Not Wait for Another Accident”
Upon introducing the legislation, Cruz described the bill as a response to known safety failures revealed by the January crash.
“American skies must be as safe as possible, and our duty as lawmakers is to ensure that they are,” Cruz said. “The ROTOR Act represents a common-sense step forward in aviation safety reform. One of the most important parts of this bill is the requirement that all aircraft, military and civilian, use both ADS-B Out and ADS-B In. We will not wait for another accident to happen before we finally protect American skies. We have made it abundantly clear that when American lives are at risk, excuses are not acceptable.”
The ROTOR Act is cosponsored by multiple Republican senators and remains under consideration by the Senate Commerce Committee.
