Bill represents first comprehensive safety legislation in response to the tragic mid-air collision between an Army Black Hawk helicopter and an American Airlines regional jet that took the lives of 67 people on Jan. 29, 2025 

WASHINGTON, D.C. – U.S. Senators Maria Cantwell (D-Wash.), Ranking Member of the Senate Committee on Commerce, Science and Transportation, Tammy Duckworth (D-Ill.), Ranking Member of the Subcommittee on Aviation, Space, and Innovation, Amy Klobuchar (D-Minn.), Raphael Warnock (D-Ga.), Tim Kaine (D-Va.), Mark Warner (D-Va.), and Ed Markey (D-Mass.) introduced the Safe Operation of Shared Airspace Act of 2025 to strengthen aviation safety at Ronald Reagan Washington National Airport (DCA), airports across the nation, and the Federal Aviation Administration (FAA). This bill is the first comprehensive aviation safety legislation responding to the January 29, 2025 collision between an Army Black Hawk helicopter and a regional commercial jet operating as American Airlines flight 5342 near 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, unsafe route design for mixed traffic near DCA, and lack of FAA and 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.

“It's time for Congress to get off the bench and solve the problems the NTSB identified because the families deserve action.” said Sen. Cantwell. “The DCA tragedy claimed 67 lives and exposed critical gaps in aviation safety oversight—over 15,000 near-misses should have been a glaring warning sign. This legislation closes dangerous loopholes that allowed aircraft to operate without essential safety technology, mandates modern surveillance systems that enhance pilot awareness of nearby aircraft, and ensures the FAA finally acts on the data instead of ignoring it."

“Americans deserve to travel with confidence,” said Sen. Klobuchar. “The tragic mid-air collision in D.C. – in which Minnesotan Wendy Jo Shaffer was one of the victims – and a near-miss incident involving a Minneapolis-bound flight earlier this year demonstrate that our aviation safety system demands major improvements. We want to make sure that nothing like this happens again — not just in Washington, D.C., but anywhere in the country.”

“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. “I’m proud to introduce this legislation that will 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 Flight 5342 crash is a tragedy beyond words,” said Sen. Markey. “The 67 victims and their families – including the six members of the Skating Club of Boston – deserve swift action that prevent devastating accidents like this from ever happening again. Ranking Member Cantwell’s Safe Operation of Shared Airspace Act of 2025 takes important steps to help close unacceptable gaps in our aviation safety system. I am proud to partner with her on this legislation and will keep working to ensure no more lives are lost in tragic plane crashes.”

The urgent need for action is clear: Following the January 29 collision, the NTSB's review of commercial operations at DCA between October 2021 and December 2024 found more than 15,000 instances of near-misses between commercial aircraft and helicopters. Just last month, another Army Black Hawk helicopter forced air traffic controllers to order two passenger jets to abort landings at DCA, showing the lack of coordination between the FAA and DoD is allowing dangerous conditions to persist.

“We’re incredibly appreciative of Senator Cantwell’s leadership as a champion of aviation safety reform. By introducing legislation today, she’s generating significant momentum around an issue that is deeply personal to our family and critical to every passenger, pilot and crew member in this country. This bill addresses many of the systemic failures that contributed to the mid-air tragedy, including requiring a safety review of DCA and other crowded U.S. airspace, as well as improving coordination and data sharing between the FAA and military operators. It also advances air traffic controller hiring and training and pushes for the full adoption of safety technologies, such as ADS-B In, across commercial fleets. It is time to enforce accountability, modernize our air traffic management systems and change how safety risks are tracked. Our son, Sam, and 66 others who lost their lives on January 29 deserve nothing less. Through the introduction of this bill, Senator Cantwell is again leading on these important issues. We applaud her efforts and those of Chairman Cruz. Aviation safety should never be a partisan matter, and we continue to be encouraged by lawmakers on both sides of the aisle who recognize the need for reform and take action to implement these much-needed reforms.” - Tim and Sheri Lilley, Parents of First Officer Sam Lilley

“We extend our sincere gratitude to Senator Maria Cantwell for her leadership in authoring this vital legislation, and to Senators Tammy Duckworth, Tim Kaine, Mark Warner, Raphael Warnock, Amy Klobuchar, and Edward Markey for standing alongside her in support. We are deeply grateful for this comprehensive bill that reflects so many of the core priorities our families have advocated for since the tragic loss of Flight 5342. It is evident that our voices have been heard and we are thankful for both of the thoughtful pieces of legislation that have been proposed thus far to address the systemic failures that led to this tragedy. This effort, led by Senator Cantwell, marks a meaningful step forward in aviation safety — a cause that is no longer abstract for our families, but personal and deeply urgent. We also thank Chairman Cruz for his ongoing leadership on aviation safety and his continued work alongside the Senate Commerce, Science and Transportation Committee to advance meaningful reforms. We thank all members of the Committee — and all other members of Congress — who are working to ensure that what happened to our loved ones never happens again. We respectfully urge the Senate to move swiftly toward passage of this critical bill.” – The Families of Flight 5342

“We commend Senator Cantwell for her leadership in enhancing aviation safety by requiring the use of ADS-B In for air carrier operations and implementing stronger ADS-B Out requirements to give pilots greater situational awareness. In the wake of the DCA accident, we should use every tool available to prevent additional tragedies. This and other recent incidents have demonstrated the need for providing operators and controllers with additional resources to help delivering passengers and cargo safely, to review safety at DCA and other airports with high-density air traffic operation and force the FAA and the DOD to jointly mitigate risk in the national airspace system. As the world’s largest non-governmental aviation safety organization, ALPA supports the swift passage of this vital legislation to ensure aviation safety remains our nation's top priority." - Captain James Ambrosi, President, Air Line Pilots Association, Int’l (ALPA)

 The Safe Operation of Shared Airspace Act of 2025 will: 

1. Strengthen Aviation Safety to Protect the Flying Public

• Closes 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.  \
• Expands 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.
• Initiates 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.
• Creates 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.
• Requires 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.

2. Grow and Protect FAA Staffing Now and in the Future

• Expands 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.
• Protects 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.
• Closes 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.
• Creates 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.

3. Ensure Better FAA Oversight and Demand Information Sharing and Communication Between FAA and DOD

• Establishes 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.
• Establishes 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.
• Improves 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.
• Prevents 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.
• Requires 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.

Senator Cantwell has been a leader in the investigation of the January 29^th collision through her role on the Commerce Committee, including calling for permanent helicopter restrictions near DCA. On Friday, March 7, Sen. Cantwell sent a letter to Defense Secretary Pete Hegseth requesting that the Department of Defense (DoD) clarify how often and why it operates aircraft in the National Capital Region without Automatic Dependent Surveillance-Broadcast (ADS-B) Out transmitting.

Senator Cantwell has a long history on aviation safety. Most recently, under her leadership as Chair of the Committee, the Federal Aviation Administration Reauthorization Act of 2024 passed the Senate and House with overwhelming bipartisan support and was signed into law. Boosting FAA’s safety-critical staff – including more air traffic controllers - was the top priority of the 2024 Reauthorization. In 2020, Sen. Cantwell’s landmark Aircraft Certification, Safety, and Accountability Act strengthened the FAA’s oversight of aircraft manufacturers, mandated safety management systems for aircraft manufacturers, and required the FAA to convene an independent expert panel to review the safety processes and culture of Organization Designation Authorization (ODA) holders like Boeing.

Read the Section by Section HERE and bill text HERE.  

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