Michael Graham, nominee for another five‑year term on the National Transportation Safety Board, told the Senate Commerce Committee on Sept. 17 that requiring aircraft to both transmit and receive ADS‑B signals would make the flying public safer, but he cautioned the board lacks regulatory authority to force implementation by the Federal Aviation Administration.

Graham, a former naval aviator and current NTSB board member, said the board’s work aims to “respect the unexpected” and to produce recommendations that regulators and industry must adopt to prevent future tragedies. “Would the flying public be safer if ADS‑B in and out were required? Yes,” Graham said.

The question of ADS‑B (automatic dependent surveillance–broadcast) took on renewed urgency after a mid‑air collision in the Washington, D.C., area earlier this year that investigators said involved a Black Hawk helicopter not transmitting ADS‑B while operating in congested airspace. Senators cited the NTSB’s broader record of warnings: Ranking Member Maria Cantwell noted the agency had made 34 recommendations after the East Palestine derailment and that many remain open, and she referenced the NTSB finding more than 15,000 near‑miss incidents between commercial aircraft and helicopters in the three years before the DCA collision.

Graham said ADS‑B technology “has incredible safety potential if implemented correctly,” including benefits where ground radar is absent and for cockpit displays that allow pilots to react faster than waiting for controller instruction. He said the NTSB has recommended cockpit capabilities and airport systems but that some necessary warning or caution systems for controllers are not yet in place. He also warned that NTSB must avoid commenting on ongoing investigations’ probable cause before final reports are issued.

Senators pressed Graham on how the NTSB can close the gap between recommendations and FAA action. Cantwell and other senators said they wanted a more aggressive NTSB posture in publicly calling out delays in implementing safety recommendations. Graham said the NTSB can continue to advocate for adoption and that sometimes congressional or regulatory action is needed to compel change, noting historical parallels such as long campaigns for positive train control.

Chairman Ted Cruz and other senators referenced the Rotor Act, legislation that would require ADS‑B in and out across aircraft categories; Graham said the NTSB generally does not endorse legislation but tracks whether bills incorporate NTSB recommendations. The committee did not take a vote on any statutory change at the hearing.

The hearing was a nomination proceeding; committee members asked Graham to continue working with Congress on implementing the board’s recommendations and to provide follow‑up information as requested. The committee also entered supporting letters for the record and set deadlines for written questions and responses.

Graham’s commitment to “respect the unexpected” framed his testimony: he stressed that NTSB findings become recommendations and that implementing those recommendations requires action by regulators and industry.

Ending — The Senate Commerce Committee completed the nomination hearing without a floor vote; senators asked for additional materials and pledged follow‑up. The extent and timing of any regulatory or legislative steps to mandate ADS‑B remain to be determined.