Warner & Kaine Applaud Unanimous Senate Passage of Aviation Safety Legislation, Sending it to the House

WASHINGTON - U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) today welcomed Senate approval of the Rotorcraft Operations Transparency and Oversight Reform (ROTOR) Act, sending it to the House of Representatives for consideration. The bipartisan legislation, which passed unanimously out of the Senate Commerce Committee earlier this year, comes in response to the January 29, 2025 collision between American Airlines Flight 5342 and an Army Black Hawk helicopter near Ronald Reagan Washington National Airport (DCA) that tragically claimed 67 lives.

"Congress owes it to the traveling public, and to the families who lost loved ones in the January 29 crash over the Potomac River, to address the systemic flaws that contributed to this tragedy," said Sens. Warner and Kaine. "This bipartisan legislation is a meaningful step forward to ensure the safety and security of air travel. It strengthens oversight, improves coordination between the FAA and the Department of Defense, and requires comprehensive safety reviews of DCA and other busy airports. We urge the House to act quickly so this legislation can become law and provide real protections for passengers, flight crews, first responders, and the families still grieving the loss of their loved ones. When the NTSB and Army release their comprehensive reports about the crash, we stand ready to determine the next best steps Congress can take to further improve aviation safety, including removing slots from DCA."

The January 29 crash over the Potomac River exposed multiple system failures, including the Army Black Hawk not transmitting safety-enhancing ADS-B technology (radio systems that aircraft use to share their positions with each other and with air traffic control), unsafe route design for mixed traffic near DCA, and lack of Federal Aviation Administration (FAA) and Department of Defense (DoD) coordination to prevent future incidents. The ROTOR Act addresses these specific failures, as well as broader long-standing FAA air traffic controller shortages, FAA internal safety management systems, and the need for important post-accident safety reviews.

The Rotorcraft Operations Transparency and Oversight Reform (ROTOR) Act specifically:

1. Expands ADS-B In and Out Implementation for Commercial and Military Aircraft: Establishes a clear 2031 deadline for aircraft operators to equip with ADS-B In technology to provide pilots increased situational awareness and provide traffic advisories and alerting for airport operations to reduce the risk of mid-air and runway collisions. All commercial (e.g. passenger, cargo, business), military and general aviation operators who are already required by the FAA to be equipped with ADS-B Out must also equip with ADS-B In technology by December 31, 2031. The agreement also ends many Department of Defense (DoD) longstanding ADS-B Out transmission exemptions that have allowed military and other government aircraft to fly near DCA and other busy airports without transmitting their location. Training flights, proficiency flights, and flights of Federal officials below Cabinet rank will no longer qualify for the exemption. The bill also requires a Government Accountability Office (GAO) review comparing pre- and post-reform use of exemptions, annual DOT Inspector General compliance audits, quarterly reporting requirements for all agencies performing sensitive government missions, and biannual reporting to Congress on the frequency of flights using any remaining exemptions, with special 14-day notification if agencies use exemptions five or more times per month.
2. Requires Comprehensive Safety Reviews of DCA and All Major, Mid-size Airports: Requires a comprehensive FAA safety review of DCA airspace to assess how civil and military helicopter, drone, and emergency first responder flights impact commercial operations at airports and to better prevent future incidents. These reviews ensure a thorough evaluation of all non-commercial flight routes near the airport. The agreement requires the same comprehensive FAA safety review of other Class B airports and Class C airports, prioritizing safety reviews for airports with high volumes of mixed flight traffic.
3. Sets New Level of Coordination and Information Sharing Between FAA and DoD: The bipartisan agreement requires each military service with an aviation component to establish a memorandum of understanding with the FAA to share appropriate aviation safety information and enhance coordination to prevent future incidents.
4. Reviews Army Policies and Standards: Mandates an Army Inspector General audit evaluating coordination with FAA, pilot training standards, ADS-B usage compliance, helicopter maintenance protocols, and the Army's review of loss of separation incidents in the National Capital Region. Results must be transmitted to Congress and publicly released within 14 days of completion.
5. Advances Next-Generation Collision Avoidance Technology (ACAS-X): Lays the foundation for advancing the deployment of next generation collision avoidance technology - known as the Airborne Collision Avoidance System-X (ACAS-X) and its variants that can deliver strong improvements for aviation safety. During NTSB's hearings on the DCA collision, this technology was discussed due to its more versatile applications to helicopter operations. This technology provides better traffic conflict resolution alerts to pilots and can better prevent mid-air helicopter collisions at lower altitudes where existing collision avoidance technology does not activate. The agreement directs FAA to develop a strategic plan and roadmap for widespread adoption of the technology among aviation operators.

Sens. Warner and Kaine have been closely involved with the investigation of the January 29th collision, meeting with first responders and offering condolences to the families and loved ones of the 67 lives lost immediately following the tragedy. The senators also saw through passage of a legislation to remember the victims of the crash. Sens. Warner and Kaine also requested answers from FAA on its plans to protect the flying public in the wake of the January 29 collision. In March of this year, the senators responded to the preliminary National Transportation Safety Board (NTSB) report on the crash. Earlier this month, the Senate passed its version of the Fiscal Year 2026 National Defense Authorization Act, which included a provision Kaine secured to require all aircraft of the Defense Department that operate near commercial airports be equipped with broadcast positioning technology. The senators have also sounded the alarm for years about the need for increased safety for the flying public, including fighting against additional flights out of DCA that contribute to overcrowding.

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