Source: United States Senator for Virginia Tim Kaine

WASHINGTON — U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA) joined U.S. Sens. Maria Cantwell (D-WA), Ranking Member of the Senate Committee on Commerce, Science and Transportation, Tammy Duckworth (D-IL), Ranking Member of the Subcommittee on Aviation, Space, and Innovation, Amy Klobuchar (D-MN), Raphael Warnock (D-GA), and Ed Markey (D-MA) in introducing the Safe Operation of Shared Airspace Act of 2025 to strengthen aviation safety. The legislation follows Warner and Kaine’s years-long advocacy against further crowding in the capital area airspace – which will continue – and comes in direct response to the January 29, 2025 collision between an Army Black Hawk helicopter and a regional commercial jet operating as American Airlines flight 5342 near Ronald Reagan Washington National Airport (DCA) that took the lives of 67 people.

The crash 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 Safe Operation of Shared Airspace Act of 2025 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.

“Ensuring the safety of our nation’s air travel is critical, and as we have seen with tragedies and incidents in Virginia and across the country, an urgent matter,” said Sen. Warner. “The legislation takes important steps to strengthen critical safety measures, boost job training and recruitment efforts, and ensure coordination between the Department of Defense and FAA in order to better protect the millions of Americans who travel by air daily.”

“The crash at DCA was a tragedy, and we have a responsibility to the loved ones of those we lost and the American public to make changes to ensure this never happens again,” said Sen. Kaine. “This bill includes a number of important steps, such as mandating a safety review of flight operations in the National Capital Region, improving air traffic controller hiring and training, and enhancing employee reporting and transparency. I will continue to do more to prevent another crash like this from occurring, including pushing to remove slots at DCA to address the congested airspace in the region.”

“We are grateful to Senators Mark Warner and Tim Kaine, whose teams were the very first we met with on Capitol Hill as we began our advocacy journey. Over the past four months, they have remained consistently engaged, responsive, and supportive. Senator Warner’s and Senator Kaine’s dedication to aviation safety – both for the people of Virginia and across our national airspace – has been clear and unwavering. We thank them for joining with Senator Cantwell and putting forth this comprehensive aviation safety bill,” said the families of Flight 5342.

The Safe Operation of Shared Airspace Act of 2025 includes several of Sens. Warner and Kaine’s priorities and will: 

• Strengthen Aviation Safety to Protect the Flying Public by:
  • Closing the ADS-B Out Military Loophole: The bill ends certain Department of Defense (DoD) and other federal agency exemptions from using Automatic Dependent Surveillance-Broadcast (ADS-B) Out near DCA and other busy airports. The Army Black Hawk involved in the Jan. 29 crash was equipped with ADS-B Out, but it was not transmitting. The Army operated “100% of missions” in the National Capital Region with this critical safety technology deactivated and not transmitting, making military aircraft invisible to air traffic controllers and nearby planes.
  • Expanding Use of ADS-B In to Boost Safety: Within four years of enactment, the legislation requires all mainline and regional airlines to install ADS-B In and operate with it activated unless otherwise instructed by FAA air traffic control. This technology allows pilots to see nearby aircraft on their displays, and ensures better separation from other aircraft, dramatically improving situational awareness.
  • Initiating FAA Safety Review of DCA Airspace Management and Other Busy Airports to Prevent Close Calls and Tragic Crashes: The bill requires a comprehensive FAA/DoD safety review of DCA airspace to assess how helicopter, drone and military flights impact commercial operations and to better prevent future incidents. And it ensures a thorough evaluation of all non-commercial flight routes near the airport. The bill requires the same comprehensive FAA/DoD safety review of other busy U.S. airports (other Class B airports), prioritizing safety reviews of such airports with high volumes of mixed flight traffic.
  • Creating Independent Expert Review Panel for Effective SMS at FAA:  The legislation creates an independent expert panel to review FAA’s Safety Management System and ensure it is effective and integrated across all FAA operations within 180 days. The panel will include aviation safety experts, labor representatives, and NASA officials to lend their specific expertise to ensure the review is comprehensive.
  • Requiring Risk Assessments After Major Aircraft Accidents: The bill requires FAA to do a safety risk assessment – specifically a Transport Airplane Risk Assessment Methodology (TARAM) analysis – following any major, fatal airline crash, regardless of whether the crash is linked to an aircraft design or manufacturing issue.

• Grow and Protect FAA Staffing Now and in the Future by:
  • Expanding High-Quality Controller Training Pipeline and Boosts Hiring: The bill codifies FAA’s existing Enhanced Air Traffic-Collegiate Training (Enhanced AT-CTI) program, which boosts FAA controller training capacity and allows FAA to hire highly qualified college graduates directly into air traffic control facilities to begin as controller trainees. The graduates have to have completed FAA-certified air traffic curriculums and meet other FAA controller qualifications, which would ensure an equivalent level of education and training from qualified evaluators to that of the FAA Academy. By adding nine certified Enhanced AT-CTI schools for a target of 15 total schools, FAA will be able to hire hundreds more controller trainees each year into its controller training pipeline to boost controller staffing. The bill also extends the requirement for FAA to hire as many controllers as possible through 2033.
  • Protecting FAA Workforce from Cuts and Hiring Freezes: The legislation reverses the Trump Administration’s hiring freeze and prohibits future hiring freezes on FAA’s safety workforce. It also prohibits any Executive Branch action to offer deferred resignation programs or voluntary buyouts to FAA workforce.
  • Closing Medical Review Backlogs: The bill requires FAA to hire more licensed medical professionals to fully staff its Aviation Medical Examiner team, addressing persistent backlogs in medical reviews for controllers, pilots, and other safety critical aviation professionals.
  • Creating New Controller Instructor Recruitment Program: The legislation requires a new FAA outreach program recruiting experienced controllers approaching retirement to become instructors at FAA’s Academy or at understaffed air traffic facilities.

• Ensure Better FAA Oversight and Demand Information Sharing and Communication Between FAA and DOD
  • Establishing First-Ever FAA Oversight Office for Military Aviation Coordination: The bill establishes a dedicated FAA oversight office to oversee and coordinate military aircraft and helicopter flights and carry out airspace safety reviews, ensuring stronger communication between the Department of Defense and FAA offices to prevent future incidents.
  • Establishing a New Joint FAA-DoD Council on ADS-B: The bill establishes a joint FAA-Department of Defense Council to regularly review Federal government operations using ADS-B Out exemptions to ensure they meet the law.
  • Improving FAA and Military Aviation Safety Information Sharing: The bill would require aviation safety data sharing between the Department of Defense and the FAA via MOUs with each military service. For example, the Army does not typically share safety information from its Aviation Safety Management Information System with FAA except through lengthy Freedom of Information Act requests.
  • Preventing Conflicts of Interest at FAA: The legislation requires a Department of Transportation (DOT) rulemaking to ensure the DOT and the FAA are abiding by Federal government-wide financial conflicts of interest law and a DOT Inspector General Review of conflicts of interest at the DOT and FAA.
  • Requiring GAO Investigation of DOD Exemption Abuse: The bill requires the Government Accountability Office to investigate whether the Department of Defense and other Federal agencies have been misusing ADS-B, and determine whether agencies followed the law.

Sens. Warner and Kaine have been closely involved with the in 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. 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. 

A copy of the legislation is available here.