Bipartisan bill requires technology to help prevent accidents like January’s tragic mid-air collision near Ronald Reagan Washington National Airport (DCA)
Agreement would also require proactive FAA safety reviews at Sea-Tac, Spokane, & Portland airports to evaluate any possible risks to commercial flights from other flight traffic
WASHINGTON, D.C. – Today, the Senate Committee on Commerce, Science, and Transportation unanimously approved bipartisan aviation safety legislation that requires all aircraft required to be equipped with ADS-B Out to fly in controlled airspace to equip with ADS-B In technology, closes a loophole that allowed military aircraft to operate without ADS-B Out transmitting their location, strengthens FAA-Department of Defense (DoD) coordination, and requires comprehensive safety reviews of all aircraft operations in the DCA airspace, as well as all major and mid-sized airports across the country.
The legislation addresses several safety issues identified by the National Transportation Safety Board’s (NTSB) ongoing investigation into the mid-air collision near Ronald Reagan Washington National Airport (DCA) that killed 67 people on January 29. Reports of over 15,000 near-misses between commercial aircraft and helicopters in the National Capital Region went unaddressed in the three years before the crash.
“Sixty-seven people died because a military helicopter flew invisible to another aircraft and pilots lacked the technology to see each other. The bipartisan agreement fixes both problems,” U.S. Senator Maria Cantwell (D-WA), ranking member of the committee, said in her opening statement before the vote on the bill. “First, it closes the ADS-B Out loophole immediately upon the enactment of this legislation. Second, it requires aircraft operators to equip their fleets with ADS-B In technology by 2031—the first-ever mandate for these life-saving technologies after 17 years, when the NTSB first recommended it. The agreement also strengthens FAA-Department of Defense coordination, and requires comprehensive safety reviews of all aircraft operations in the D.C. airspace, as well as all major and mid-sized airports across the country. These are the reforms that the families sought, and we know that they will save lives.”
ADS-B technology is a crucial safety feature for situational awareness. ADS-B Out, when activated, automatically sends a beacon out from an operating flight to provide air traffic control towers a picture of an aircraft’s precise location without relying solely on radar. The Black Hawk helicopter involved in the January 29th DCA collision was not transmitting ADS-B Out. ADS-B In allows aircraft to receive the location of other aircraft through ADS-B Out and other transmissions to provide stronger situational awareness to pilots of other flights in their vicinity.
The comprehensive reviews would evaluate any possible safety risks to commercial airline flights from other flight traffic including from military, law enforcement, civilian fixed wing and helicopter, powered lift, emergency first responder, and drone flights. While there are no specific safety deficiencies that have been identified at these airports that motivate these reviews, they are meant to proactively review for airspace safety issues to prevent any future incidents. The agreed-to bipartisan legislation also requires the FAA to recommend potential improvements to airspace safety after conducting such reviews that would be required for commercial Class B and Class C airports nationwide, as well as Class D airports that service airline passenger traffic. Seattle-Tacoma International is a Class B airport. Spokane International and Portland International are both Class C airports. Smaller Class D airports, that often service regional flights, would also be subject to proactive reviews; these would include Paine Field/Snohomish County Airport, Bellingham International Airport, Tri-Cities Airport, Walla Walla Regional Airport, and Yakima Air Terminal.
Sen. Cantwell and Senator Ted Cruz (R-TX), chair of the committee, announced the bipartisan agreement on October 16, 2025, which includes key elements of Sen. Cantwell’s Safe Operation of Shared Airspace (SOSA) Act, introduced in June. SOSA is co-sponsored by Sens. Tammy Duckworth (D-Ill.), Amy Klobuchar (D-Minn.), Raphael Warnock (D-Ga.), Tim Kaine (D-Va.), Mark Warner (D-Va.), and Ed Markey (D-Mass.)
The agreement is known as a substitute amendment to the ROTOR Act, introduced by Sen. Cruz in late July. The new bipartisan ROTOR Act:
- Closes ADS-B Out Loopholes and Ensures Military Accountability: The agreement ends Department of Defense (DoD) “sensitive government mission” 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. To ensure the military is accountable for their use of the limited exemption the bill 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.
- Mandates ADS-B In Equipment to Prevent In-Air or Runway Collisions: The agreement includes Sen. Cantwell’s SOSA provision mandating a clear 2031 deadline for aircraft operators to equip with ADS-B In technology. 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 ADS-B In technologies must increase situational awareness and provide traffic advisories and alerting for operations in the air and on the ground at the airport. This will go a long way to prevent both mid-air and runway collisions.
- Requires Comprehensive Safety Reviews of DCA and All Major and Mid-sized Airports: The agreement includes a key part of SOSA to require 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, C, and D airports, prioritizing safety reviews for airports based on risk factors such as high volumes of flight traffic, traffic collision avoidance alerts, complex flight procedures, and other conditions to identify and correct safety issues.
- 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. The Army has historically refused to share safety data except through lengthy Freedom of Information Act requests.
- Demands Army Accountability and Audit: The legislation 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. Sens. Cantwell and Cruz led a letter to the Inspector General of the Army in June requesting the audit.
- Advances Next-Generation Collision Avoidance Technology (ACAS-X): The agreement 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 in 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.
This agreement builds on Senator Cantwell’s extensive record on aviation safety. Under her leadership as Commerce Committee Chair, the Federal Aviation Administration Reauthorization Act of 2024 passed with overwhelming bipartisan support, prioritizing air traffic controller hiring, FAA safety staffing, and implementing key NTSB safety recommendations like 25-hour cockpit voice recorders. Her landmark 2020 Aircraft Certification, Safety, and Accountability Act strengthened FAA oversight of manufacturers following the Boeing 737 MAX crashes. Senator Cantwell has pursued accountability and solutions following the January 29th collision, calling for permanent helicopter restrictions, demanding Defense Secretary Pete Hegseth provide clarification on military ADS-B policies, and joining Chairman Cruz in requesting concurrent DOT and Army Inspector General audits of DCA airspace safety issues.
Text of the legislation is HERE.
