Senate Majority Leader John Thune has suggested addressing the safety concerns surrounding military helicopters in a distinct spending package, diverging from the traditional route of amending the annual defense policy bill. This proposal comes as a setback for Senate Commerce Chair Ted Cruz (R-Texas) and Senator Maria Cantwell (D-Wash.), who have been actively pushing to remove a controversial provision from the National Defense Authorization Act (NDAA).

The provision in question has been criticized for allowing certain military helicopters to operate without advanced location-broadcasting technology in the Washington area. This technology, known as Automatic Dependent Surveillance-Broadcast Out (ADS-B Out), became a significant point of concern following a tragic incident in January where a regional jet collided with an Army Black Hawk near Ronald Reagan Washington National Airport.

Cruz and Cantwell have introduced amendments to eliminate this provision from the NDAA and to incorporate their ROTOR Act, S. 2503, into the bill. However, with the defense policy bill poised to pass this week and Congress nearing its holiday recess, the feasibility of these amendments being considered is diminishing.

Thune expressed confidence in resolving the dispute through the fiscal 2026 appropriations package rather than disrupting the NDAA. "I think we’ll get there on that. But, yeah, it’d be really hard to undo the defense authorization bill," he stated.

Meanwhile, Cruz remains committed to finding a legislative vehicle for the ROTOR Act. He hinted at the possibility of attaching it to an appropriations measure before the current continuing resolution expires at the end of January. "I’m seeking a vote on the ROTOR Act as part of any appropriations measure," Cruz said during a news conference, where he was joined by Cantwell and relatives of the victims from the January crash.

The path forward for the Cruz-Cantwell amendments remains uncertain, with Thune not committing to allow floor votes on them yet. Cruz remains hopeful, emphasizing the urgency of addressing the safety issue. "We don’t have a firm commitment on that yet, but I’m hopeful that we will," Cruz responded when asked about the possibility of floor votes.

The House and Senate Armed Services committees have defended the NDAA's current language, while President Donald Trump’s administration and Defense Secretary Pete Hegseth have shown support for the ROTOR Act.

As the debate continues, the safety of military helicopter operations in congested urban environments hangs in the balance, awaiting legislative resolution either through the NDAA or a separate appropriations package.