On Thursday, February 12, the U.S. Senate Committee on Commerce, Science, and Transportation met for a hearing entitled, “The NTSB Final Report on the DCA Midair Collision.” The Committee called on National Transportation Safety Board (NTSB) Chair Jennifer Homendy to testify on the recent investigation of a mid-air collision between a commercial passenger flight and a military helicopter over Washington National Airport (DCA) on January 29, 2025. 

Witness List 

Hon. Jennifer Homendy, Chairwoman, National Transportation Safety Board 

Context 

The hearing comes several weeks following an NTSB hearing that presented the investigation findings on the DCA mid-air collision, which resulted in 67 deaths. NSTB board members described the probable cause as a combination of factors, including the placement of helicopter route 4 too close to DCA runway 33, loss of situational awareness at DCA tower due to workload and capacity issues, and the Army’s failure to make pilots aware of instrument errors. The Board also presented several contributing factors, including the FAA’s failure to implement previous collision avoidance recommendations. The Board issued 50 recommendations to the FAA, US Army, Department of Defense, and USDOT, and indicated plans to release the final report in the coming weeks.  

With the NTSB’s investigation complete, it is now up to the respective agencies to adopt and implement the Board’s open recommendations. At the same time, Thursday’s hearing underscored Congress’s role in oversight and lawmaking to accelerate the adoption of safety recommendations. Committee Chair Ted Cruz (R-TX) and Ranking Member Maria Cantwell (D-WA) highlighted the Rotorcraft Operations Transparency and Oversight Reform (ROTOR) Act as a legislative tool for advancing key NTSB recommendations aimed at strengthening aviation safety.  

ADS-B Requirements 

A major focus of the hearing was implementing Automatic Dependent Surveillance-Broadcast (ADS-B), a safety technology that improves situational awareness in the air and on the ground with two components. ADS-B Out transmits an aircraft’s position, speed, and other flight data to air traffic control. ADS-B In allows an aircraft to receive position, speed, and other data directly, providing pilots with real-time awareness of nearby aircraft. The FAA requires ADS-B Out in certain airspace, but it does not currently require ADS-B In.  

The NTSB investigation recommended that the FAA require ADS-B In for aircraft already required to carry ADS-B Out. ADS-B In provides an additional layer of awareness to the pilot by directly providing them with information about surrounding aircraft. In response to Chair Cruz, Homendy noted that the accident would not have occurred if the passenger aircraft had been equipped with ADS-B In, because the pilots would have received earlier warning of the helicopter’s proximity and had more time to take evasive action.  

The NTSB’s recommendation of the ADS-B In requirement is not new. The Board has urged adoption of the ADS-B In including after a 2019 mid-air collision near Ketchikan, Alaska, and has made similar recommendations multiple times over the last two decades. NTSB recommendations are non-binding and the FAA has yet to implement the ADS-B In recommendation.  

ROTOR Act Status 

The ROTOR Act, introduced in 2025, would codify the ADS-B In requirement and force the FAA to implement a recommendation the NTSB has been making for years. The law would require ADS-B In in aircraft that are required to be equipped with ADS-B Out. The legislation also repeals Section 373(a) of the National Defense Authorization Act for FY 2026, which permits military helicopters to operate in DC airspace without transmitting ADS-B Out. Homendy, along with Democrat and Republican members argued that consistent rules are essential because civilian and military aircraft share the same airspace.  

The Senate unanimously passed the ROTOR Act in December 2025. The bill now depends on House approval before it can be sent to the President. Despite the unanimous Senate support for the bill, members from both parties in the House have signaled concerns about the bill as written. Notably, House Transportation & Infrastructure Committee Chair Sam Graves (R-MO) voiced his opposition to the ROTOR Act. Graves argued that an ADS-B In requirement imposes additional burdens on general aviation. House T&I Ranking Member Rick Larsen (D-WA) suggested the committee may seek revisions to the bill or consider alternative legislation, either of which could delay enactment of timely aviation safety legislation.   

Some House resistance to the ROTOR Act appears tied to cost concerns, particularly for smaller aircraft and general aviation pilots. Homendy pushed back on the cost argument, noting that portable ADS-B In receivers can cost as little as $400. ADS-B In technology is already present in commercial aviation. American Airlines has equipped 298 of its Airbus A321 aircraft with ADS-B In, and the cost to retrofit aircraft with the technology is around $50,000 per aircraft with minimal time out of service. Homendy emphasized that cost estimates in dollars are not comparable with the cost of human life, which she described as “priceless.”  

Inter-agency and Intra-agency Communication Gaps 

Responding to Senators Cantwell and Jerry Moran (R-KS), Homendy discussed the lack of proper information sharing between the FAA and DoD and within the FAA as points of systemic failure in ensuring aviation safety. To address communication gaps between the FAA and DOD, the ROTOR Act requires the FAA to create an Office of FAA-DOD Coordination intended to improve civilian-military airspace coordination, strengthen protections for complains and whistleblowers, reinforce safety requirements, and improve incident reporting.  

Next Steps 

With the ROTOR Act passed in the Senate, the responsibility for Congressional action now moves to the House of Representatives. But passage of a new law—whether the ROTOR Act or a variation thereof—is not going to immediately improve aviation safety. Once a law is passed, agency implementation will also take time and Congress has an important role in oversight to keep agencies on track to follow through with the law’s requirements.  In the meantime, agencies can begin implementing NTSB recommendations without waiting for Congressional action. As Homendy described, this is a “yes, and” approach: the FAA and DOD can act to implement safety recommendations immediately, while Congress deliberates the future of the ROTOR Act.