WASHINGTON, D.C. – In his opening statement at today’s Subcommittee on Aviation, Space, and Innovation hearing titled “NTSB Preliminary Report: DCA Midair Collision,” Commerce Committee Chairman Ted Cruz (R-Texas) expressed his condolences to the families of the victims of the crash involving American Airlines Flight 5342 and an Army Black Hawk helicopter. Sen. Cruz highlighted his commitment to using the power of the Committee to thoroughly investigate the factors leading to this accident and make any necessary policy changes. Sen. Cruz also reiterated the need for the Federal Aviation Administration (FAA) to urgently modernize its air traffic control system and previewed that the Committee has begun the process of crafting legislation to provide resources to make lasting improvements to the U.S. aviation system.

Sen. Cruz’s remarks, as prepared for delivery, are included below:

“I’d like to thank each of our witnesses for appearing today and welcome the family members of the 67 crash victims to this hearing.

“I’ve met with many of you since the crash and each of you have my deepest condolences for your unimaginable loss. This crash involving American Airlines Flight 5342 and the Army Black Hawk helicopter was preventable. And I want you to know I am committed to using the power of this Committee to determine if any policy failures led to this crash and making sure Congress acts to correct them.

“This accident marked the first time a commercial crash in the U.S. has led to mass fatalities in over fifteen years. While America’s National Airspace System has kept Americans safe for decades, this critical juncture shows that more action must take place to enhance the safety of our system.

“The hearing today will examine the factors leading up to the midair collision three hundred feet above the Potomac River – whether the Army’s practice of disabling ADS-B Out is a glaring safety concern. Whether the FAA missed warning signs with thousands of instances where helicopters and commercial aircraft at DCA came too close to colliding. Whether the communication between the air traffic controller and both the pilots of the American Airlines flight and the Black Hawk was inadequate.

“The families of the American Airlines Flight 5342 victims deserve answers. Congress deserves answers. And the American flying public deserves answers to these important questions.

“The NTSB does incredible work. I am grateful to Chairman Jennifer Homendy and her team for their thorough investigation of this accident. The preliminary report being discussed today is factual – it does not include analysis nor findings. It is one step in what will be a lengthy and ongoing investigation. I will closely follow how the investigation proceeds and look forward to the NTSB’s findings.

“Some actions, however, cannot wait.

“Aviation safety is dependent on what is called the Swiss cheese model. Each layer of cheese represents a defense against an identified risk – building redundancy into the system to plug holes and prevent accidents. After decades of advancements, the U.S. aviation system has been held up worldwide as the gold standard of safety. The FAA’s Air Traffic Organization depends on thousands of talented air traffic controllers, hundreds of millions of dollars in annual investments to sustain technologies used to operate the air system, and billions more invested in technologies and facilities across the system.

“Even with these significant investments, the air traffic system is failing. Facilities, which are falling apart, are short-staffed and projections show the shortages will last years. Over the weekend, the NOTAM system broke down for a third time in just over two years. Congress has provided tens of millions of dollars in the past two years to modernize this single program, and it has broken down twice in this calendar year.

“President Trump and Secretary Duffy have pledged to take action to improve the air traffic control system. I plan to lead this Committee in passing legislation to do the same. We must provide resources for needed short, medium, and long-term improvements that chart the path to success and sustainment for the air traffic system.

“Earlier this week, I issued a call to aviation stakeholders for ideas to improve the air traffic system. I asked for concrete proposals – taking nothing off the table prematurely to make sure whatever resources and authorities Congress provides to the administration will make a lasting difference.

“My proposal will complement the Trump administration’s forthcoming plan.

“What the tragedy of Flight 5342 shows us is it is never too early to act to improve aviation safety. It is my hope we can spend the coming months in the wake of this tragedy working seriously to plug safety gaps and ensure an accident of this magnitude never happens again.”

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