A U.S. Army investigation into the January 2025 midair collision near Ronald Reagan Washington National Airport found "breakdowns across all layers of conflict management" caused the crash that killed 67 people. The report, completed in May and released Thursday, now sits at the center of a House-Senate standoff over aviation safety legislation — and it points toward the Senate's position.

The probe recommends mandatory ADS-B equipage in congested airspace. That is precisely what the Senate-passed bill would require, and precisely what the House version declines to mandate.

What does the report actually say?

Lead investigator Lt. Gen. Michael C. McCurry wrote that the Army should "require all flights in heavy urban environments to have a commercial-off-the-shelf … receiver to receive ADS-B In data" while in flight, to improve aircrew situational awareness.

The Blackhawk involved in the collision was not transmitting ADS-B Out data. McCurry attributed this partly to equipment failure. He also noted the crew was authorized to fly without it — a consequence of a 2018 FAA-Pentagon agreement exempting certain military aircraft from transmission, an exemption the fiscal 2019 National Defense Authorization Act later codified. Transmissions run largely over unencrypted channels visible to tracking apps such as FlightAware.

The report goes further. It recommends ADS-B Out use in and around Washington and generally within Class B airspace, the busiest commercial airport environments. The Army says it is acting: it has inspected all 3,585 of its rotary-wing aircraft "to verify settings supporting proper ADS-B Out functionality."

Notably, the investigation does not reflect the Defense Department's official position. It stops short of the Senate bill's scope. But it aligns with National Transportation Safety Board recommendations — weight that negotiators cannot easily ignore.

What does this change for the bill?

The Senate bill would override the 2018 interagency agreement, repeal the 2019 NDAA exemption, and allow the FAA to grant exceptions only for "sensitive government missions." The House bill leaves standards to the FAA and adds carve-outs for operational security.

Senate Commerce Chairman Ted Cruz, R-Texas, said the report "clearly shows that Army aircraft should be equipped with ADS-B In and ADS-B Out technology when in congested airspace." His verdict was blunt: "Had this been in place, 67 lives would have been saved in January 2025."

Sen. Jerry Moran, R-Kan., whose state lost seven constituents aboard American Airlines Flight 5342, which departed from Wichita, said the report "demonstrates the urgent need for comprehensive aviation safety legislation requiring ADS-B In for all aircraft operating in busy airspace." Ranking member Tammy Duckworth, D-Ill., added: "This long-awaited Army investigation reaffirms what we've been calling for all along."

The timeline compresses. Moran confirmed negotiations continued over the summer but lawmakers must pass a bill in the lame-duck session or start from scratch next year.

Where the resistance sits

The House tested the Senate bill in February. It failed, 264-133, under suspension of the rules requiring two-thirds support. Republicans split 77-132 against. House Transportation and Infrastructure Chairman Sam Graves, R-Mo., and Armed Services Chairman Mike D. Rogers, R-Ala., voted no.

Rogers framed the equipage mandate as an operational security risk. "Requiring our fighters, bombers, and highly classified assets to regularly broadcast their location puts our men and women in uniform at risk by exposing operational planning, aircraft details, and patterns of life to our adversaries," he said during floor debate.

Aides to House T&I and Armed Services leaders — authors of the less-prescriptive House bill — were not immediately available for comment. The committees have previously committed to a deal "before the end of this Congress."

Cruz, Moran and the Families of Flight 5342 group say they will negotiate specific exemptions. The families, who distributed the report before the Army released it, set hard conditions: any agreement needs "an enforceable ADS-B In requirement, firm deadlines, narrowly defined military exceptions, and coordinated reviews of dangerous airspace interactions nationwide."

Whether that language survives negotiation with House Republicans — the same bloc that defeated the Senate bill in February — will determine if the 67 deaths produce a statute or another session of unfinished business.