[VIDEO]

WASHINGTON, D.C. – U.S. Senator Maria Cantwell, Ranking Member of the Senate Committee on Commerce, Science and Transportation, delivered the following opening statement during today’s Aviation Subcommittee hearing on NTSB’s preliminary report on the tragic Jan. 29 midair collision between a military Blackhawk helicopter and an American Airlines commercial jet:

“We're here today to examine one of the most devastating [aviation] accidents in U.S. history. With 67 lives lost on January 29th, we have a responsibility to not only understand what happened, but to fix it, so that it never happens again.

“I want to recognize the families who are here with us today and express my condolences, but also my appreciation for the diligence that you now are demonstrating by being here today. Too much of aviation safety in the last several years has been left to the advocacy of families. We shouldn't have to rely on you. You should be able to mourn your losses. But we need you to continue to advocate for these important policies.

“I welcome NTSB Chair Jennifer Homendy, FAA Acting Administrator Chris Rocheleau and Brigadier General Matt Braman, who is the Director of Army Aviation. You're here to provide us an update on this collision and why a Black Hawk helicopter on a training flight collided with this American Airlines flight.

“As we seek answers, the NTSB’s preliminary report has alarming facts. First, in the three-year period leading up to the collision, commercial airplane and helicopters got within 400 feet of each other on 15,214 occasions, within 200 feet on 85 occasions.  FAA’s air traffic managers approve helicopter route charts annually, so if the data raised questions about the safety of these routes, the ball clearly falls into the FAA’s court as to whether to act on this data or make changes where the helicopters can fly in DCA.

“A helicopter at 200 feet would only have 75 vertical feet separation from an airplane approaching on Runway 33. These findings reveal a very systemic issue that demands answers from our witnesses today.  Acting Administrator Rocheleau, I want to know: Why did the FAA not act on 15,000 reports of dangerous proximity? How were these helicopter routes allowed to remain when alarm bells were literally going off in the towers?

“This lack of oversight must change. The Army Black Hawk helicopter was not transmitting what is known as ADS-B Out signal, although we don't know why. What we do know is that the military told our colleague, House Delegate Eleanor Holmes Norton in 2023 that the military operates 100% of its flights in the National Capital Region without this safety technology -- 100% of the time. On March 7th, I wrote Secretary Hegseth about this issue…asking to respond by March 21^st.  I've still heard nothing back. I do not like this silence. It's deafening.

“General Braman, I have questions about these policies, especially given the FAA’s 2019 rule stating that the deactivation of the ADS-B Out technology, pursuant to an exemption, was not to be routine. Well, the Holmes letter says that not only was it far from routine -- 100% of the time [they] operated with this exemption.

“Acting Administrator Rocheleau, your agency gave government airspace users a loophole. What we want to know now is why this was allowed to continue if we had this data and information and are there any other agencies that are acting with[out] ADS-B Out [activated] that we haven't addressed yet.

“The FAA rule needs to change. Chair Homendy, I will be asking you about ADS-B requirements. In 2010, the FAA said that it was premature to require this kind of equipment on operators. Yet, at the same time the FAA made that decision, just two years earlier, you [NTSB] wrote a letter saying, disagreeing with them, but saying that…’the equipage of aircraft with ADS-B In capacity will provide for an immediate, substantial contribution to safety, especially during operations in and around airports.’

“Why did we not listen? 15 years later, commercial aircraft are still not operating with this. If the American Airlines regional jet had been equipped with this ADS-B In, it would have been able to receive the Black Hawk’s transmission, giving it better intelligence on positioning.

“Tim Lilley, the father of the pilot from the commercial aircraft who he himself is also a Black Hawk helicopter pilot, and his wife Sherri, spent many years working at Gulfstream. They know a thing or two about aviation. They gave me a list of actions they hope Congress can take to improve safety.

“Mr. Chairman, we all need to work together on this critical safety legislation, legislation to close the ADS-B Out loophole, require more commercial jets to have ADS-B In capacity when operating near our nation's busiest airports, and have stronger information sharing between our military and civilian authorities.

“This isn't just about policy. It is about saving lives. To my colleagues, I hope that we can work together in a bipartisan fashion, since the FAA Reauthorization Act did require NextGen completion by 2025, we also directed the FAA to develop a plan for accelerating airline equipage with NextGen technologies and authorized $17 billion through 2028 to modernize and replace the FAA ATC systems and infrastructure.

“So, I do want to say, I do not believe in cutting the services, the benefits, or the training of our air traffic controllers. We need them, and we need them to do their job. I supported Senator Cruz’s efforts to continue to advance more training centers to get more air traffic controllers trained. But now, we need to learn this painful lesson. We need to make sure that we are preventing future accidents from happening. We must be unwavering in this effort.”

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