Cruz’s GOP Helicopter Safety Bill Is Not As Broad As Democratic Bill
This week, on the eve of a three-day National Transportation Safety Board hearing on the January 29 fatal collision between a regional passenger jet and an Army Black Hawk helicopter near Ronald Reagan National Airport, the chairman of the Senate committee overseeing aviation safety introduced a bill reforming helicopter safety rules and some other aviation safety procedures.
However, the bill, introduced by Senate Commerce, Science, and Transportation chairman Ted Cruz (R-TX), only had Republican cosponsors. This seems to be because Democrats on the Commerce panel, led by ranking minority member Maria Cantwell (D-WA), introduced their own bill on the subject almost two months ago that covers many of the same areas as the Cruz bill but also other broader aviation safety issues.
The text of the Cantwell bill (S. 1985) is here and the text of the Cruz bill is here (it was introduced as S. 2503 but the link is to the pre-introduction draft since GPO does not have the introduced version online yet).
At his press conference (attended by Transportation Secretary Sean Duffy and, interestingly, National Transportation Safety Board chair Jennifer Homendy), Cruz said “Today is an auspicious day for aviation safety—a day marked by a revived spirit of hope and a shared determination to act in the face of an unforgettable tragedy. American skies must be as safe as possible, and our duty as lawmakers is to ensure that they are.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.“
As shown in the side-by-side below, the Cantwell bill also mandates increased usage of ADS-B Out and ADS-B In, but they go about it in fundamentally different ways. And the Democratic bill also addresses staffing issues in a way that Republicans probably can’t support without drawing the direct ire of the White House.
| Democratic Bill
(S. 1985, June 5, 2025) |
Republican Bill
(S. 2503, July 29, 2025) |
|
| Bill Title | Safe Operations of Shared Airspace Act | Rotorcraft Operations Transparency and Oversight Reform (ROTOR) Act |
| ADS-B Out | Sec. 4 (a) Declares that the “sensitive government mission” ADS-B Out exception shall not include training flights, flights of Federal officials below the rank of Cabinet member, or any routine flights. (b) Amends sec. 1046 of the FY 2019 NDAA to create a safety risk vs national security risk balancing test for the ADS-B Out exclusion. (c) Requires FAA rulemaking to implement. (d)-(e) Compliance reviews to be sent to Congress. (f) Requires regular joint DoD-FAA review of ADS-B Out requirements. | Sec. 2 (a) Orders FAA to issue a rule within 1 year clarifying that the military must use ADSB-Out on all proficiency evaluations and training flights in Class B or C airspace, unless for a national security event. (b) FAA must issue guidance within 180 days for all military/homeland/LE aircraft must use TIS-B and TCAST. (c) Regular compliance reports to be sent to Congress.
Sec. 7 Repeals sec. 1046 of FY 2019 NDAA. |
| ADS-B In | Sec. 5 Requires that, 4 years after enactment, all Part 121, Part 135, and Part 380 air carriers must have ADS-B In installed and operational on all their aircraft. Directs FAA to determine appropriate ADS-B In equipment performance requirements. | Sec. 3 (a) Requires that, no later than 3 years after enactment, a FAA rule be in effect requiring all newly manufactured aircraft (except UAS) registered in the U.S. be ADS-B In equipped. (b) Requires that, no later than 3 years after enactment, all manned aircraft operating in U.S. airspace that are required to be operating ADS-B Out also be required to operate ADS-B In. (c) Excludes aircraft without engines. |
| Helicopter Airspace Reviews | Sec. 6 (a) Creates joint FAA-DoD office to carry out safety reviews. (b) Requires the office to review all rotor, powered lift, and UAS operations and routes around the DC SFR area, including DCA. After that, the office shall review the same traffic at other Class B airports as prioritized by the Administrator. The DCA review must be completed within 120 days of its initiation. Results of reviews shall be submitted to Congress. | Sec. 4 Within 120 days of enactment, FAA shall begin a feasibility study of establishing a dynamic restricted area for rotor and powered-lift over the Potomac River near DCA.Study shall be completed and submitted to Congress within 2 years.
Sec. 6 Within 30 days of enactment, FAA shall initiate reviews of all current helicopter routes that may not provide enough separation between fixed-wing and rotorcraft, as determined by the Administrator. The FAA shall modify flight routes accordingly and report to Congress. |
| Army Procedures | Sec. 7 Requires FAA and the Army to negotiate a MOU to permit the Army to share its SMS information with the FAA. Requires other FAA MOUs with other military departments. | Sec. 5 Requires an Army Inspector General audit of training standards, ADS-B Out usage, and coordination with FAA. Results to be transmitted to Congress and made public. |
| FAA SMS Compliance Review | Sec. 3 Requires the FAA to convene an independent expert panel to review all aspects of the FAA’s Safety Management System (SMS). The final report, with any dissenting views, is to be made public. | no provision |
| FAA Workforce Rules | Sec. 8 Prohibits the President or any other federal executive entity from applying any government-wide personnel halts or freezes to the FAA workforce. Prohibits deferred resignation and voluntary furlough options from being offered to FAA employees. Prohibits any RIF or FTE reductions at FAA.
Sec. 9 Extends the max hiring requirement in section 437(a) of the 2024 FAA reauthorization from its current expiration in 2028 to the year 2033. |
no provision |
| Controller Training | Sec. 10 Requires the FAA to maintain an Enhanced Air Traffic Collegiate Training Initiative program. | no provision |
| More TARAM Analyses | Sec. 11 Requires the FAA to conduct a TARAM analysis on any transport airplane accident that results in a fatality, not just the fatal accidents where aircraft design or manufacturing issues are believed to be contributing causes. | no provision |
| FAA Whistleblower Audits | Sec. 12 Requires a DOT Inspector General audit of whether or not the FAA is appropriately processing and acting on whistleblower complaints. | no provision |
| Conflicts of Interest | Sec. 13 Requires DOT to issue, within 60 days, a final rule requiring strict adherence to the conflict of interest rules in 18 U.S.C. 208. | no provision |
