WASHINGTON – U.S. Sen. Mark R. Warner (D-VA) sponsored an amendment to the National Defense Authorization Act (NDAA) to strike Section 373, a reckless provision that could undo key safety measures implemented over the Capital region airspace following the January 29, 2025, collision between American Airlines Flight 5342 and an Army Black Hawk helicopter near Ronald Reagan National Airport (DCA), and replace it with the Rotorcraft Operations Transparency and Oversight Reform (ROTOR) Act. The bipartisan ROTOR Act was unanimously passed by the Commerce Committee earlier this year and includes critical air safety measures championed by Sen. Warner.  

“The current version of the NDAA would make flying into the Capital region significantly less safe,” said Sen. Warner. “Following the January 29 tragedy, I fought to implement safety measures and oversight practices to prevent a collision like this from ever happening again. The ROTOR Act preserves those safety measures and requires military aircraft to be equipped with advanced technology so they can better communicate their precise locations with control towers and other aircraft.”

The bipartisan amendment to the NDAA:

1. Protects key safety measures implemented over D.C. airspace: Eliminates Section 373 of the NDAA which would clear the way for military aircraft to switch from the safer ADS-B Out system that the military switched to for operations in the National Capital Region after the January 29 crash back to less precise systems like TCAS, which the Army helicopter was using on January 29. Section 373 also allows military commanders to waive military aircrafts’ location broadcasting system requirement entirely when flying in the region, creating a loophole that would increases the risk to the flying public.

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

1. Expands ADS-B In and Out Implementation for Commercial and Military Aircraft: Includes a provision mandating 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.

Sen. Warner was 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. He also saw through passage of a legislation to remember the victims of the crash. Sen. Warner 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 Sen. Warner responded to the preliminary National Transportation Safety Board (NTSB) report on the crash. He has 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. 

Text of the amendment is available here. Text of the ROTOR Act is available here.

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