II
119th CONGRESS
2d Session
S. 5387
IN THE SENATE OF THE UNITED STATES
September 14, 2026
Mr. Kaine (for himself and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To amend title 49, United States Code, to make improvements to operations at Ronald Reagan Washington National Airport.
Short title
This Act may be cited as the DCA Air Safety Act
.
Improvements to operations at Ronald Reagan Washington National Airport
Findings
Congress finds the following:
Since 2000, Congress has voted to add 64 daily flights at Ronald Reagan Washington National Airport (in this subsection referred to as DCA
) despite capacity constraints.
Washington Dulles International Airport (IAD) currently handles under 30 million passengers annually but has the designed capacity to handle 55 million passengers annually.
On the night of the midair collision between American Airlines Flight 5342 and a United States Army H–60 Black Hawk helicopter on January 29, 2025, at DCA, one air traffic controller, during an 18-minute period, managed 29 separate aircraft, including a 5-minute span with 6 takeoffs or landings.
Improvements
Section 41718 of title 49, United States Code, is amended by adding at the end the following new subsection:
Improvements to operations
Reduction in hourly operations
Assessment
The Administrator shall conduct an assessment of the Airport Arrival Rate at DCA. In conducting such assessment, the Administrator shall give special consideration to the airspace complexity, airfield limitations, mixed fleet operations, and traffic volume at DCA.
Reduction
Not later than 90 days after the date of enactment of this subsection, the Administrator shall reduce the Airport Arrival Rate at DCA to no more than 28 aircraft.
Interval caps
Not later than 180 days after the date of enactment of this subsection, the Administrator shall convert the Airport Arrival Rate at DCA (as reduced under paragraph (1)(B)) into binding 30-minute interval caps that—
evenly distribute permitted arrivals and departures across each hour; and
prohibit clustering or banking within any sub-hour.
Elimination of 30 slot exemptions
In general
Notwithstanding any other provision of law and subject to the succeeding provisions of this paragraph, the Administrator shall, in a manner determined appropriate by the Administrator, permanently eliminate 30 slot exemptions under this chapter at DCA (determined as of the date of enactment of this subsection).
Minimum number of beyond perimeter slot exemptions
At least 26 of the slot exemptions eliminated under subparagraph (A) shall be beyond perimeter (as described in section 49109) slot exemptions.
Timing
Public notice of proposed list
Not later than 180 days after the date of enactment of this subsection, the Administrator shall make publicly available a proposed list of the 30 slot exemptions to be eliminated pursuant to this paragraph.
Comment period
The Administrator shall provide for a 60-day public comment period regarding such list beginning on the date on which such list is made publicly available under clause (i).
Finalized list
Not later than 120 days after the end of the public comment period under clause (ii), the Administrator shall make publicly available the final list of the 30 slot exemptions to be eliminated pursuant to this paragraph.
Phased-In implementation
In general
Subject to subclauses (II) and (III), the Administrator shall provide for a 5-year phase-in of the required elimination of the slot exemptions under this paragraph, with 6 slot exemptions being eliminated in each year during the period of 2028 through 2032.
Authority to provide for a 1-year delay
In general
Subject to item (bb), if the Administrator, during any year of the first 4 years of the 5-year phase-in period under subclause (I), determines that eliminating 1 or more of 6 slot exemptions required to be eliminated in such year would yield no material and measurable safety improvement to safety at DCA, the Secretary may provide for up to a 1-year delay of the elimination of such slot exemptions. In no case may the delay of the elimination of a slot exemption for a year under the preceding sentence be for longer than a 1-year period.
Notice of delay
Prior to implementing a delay under item (aa), the Administrator shall—
provide notice to the public and the Senators and Members of the House of Representatives who represent States and districts that fall within the Washington DC Metropolitan Special Flight Rules Area (as described by the Federal Aviation Administration) of the intent to provide for such delay; and
provide for a 60-day public comment period regarding such delay.
Final implementation
The Administrator shall ensure that the elimination of the 30 slot exemptions required under this paragraph is fully implemented by not later than December 31, 2032.
Consultation
In carrying out this paragraph, the Administrator shall consult with the Secretary of Transportation and the Metropolitan Washington Airports Authority.
Review
Notwithstanding any other provision of law, there shall be no judicial review of the decision of the Administrator with respect to the elimination of slot exemptions, or any delay in the elimination of slot exemptions, pursuant to this paragraph.
Permanent commission
Establishment
There is established the Ronald Reagan Washington National Airport Slot Exemption Evaluation Commission (in this section referred to as the Commission
).
Membership
The Commission shall be composed of the following members:
The Chairperson of the Metropolitan Washington Airports Authority, or their designee.
The Administrator, or their designee.
The Secretary of Defense, or their designee.
The Governor of the Commonwealth of Virginia, or their designee.
The Governor of the State of Maryland, or their designee.
The Mayor of the District of Columbia, or their designee.
Duties
In general
The duties of the Commission are as follows:
Study
The Commission shall conduct an ongoing study of the conditions at DCA, including the impact on safety and operations of future changes to the amount of slot exemptions at DCA.
Reports
Not later than December 31, 2028, and not less frequently than once every 2 years thereafter, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the ongoing study under subparagraph (C)(i)(I), together with recommendations for such legislation and administrative action as the Commission determines appropriate.
Expertise
In carrying out its duties under clause (i), the Commission may solicit information and input from third parties, including recognized aviation safety experts, academics, and other airport authorities legally established by State or local governments or pursuant to a multi-State compact.
Definitions
In this subsection:
Administrator
The term Administrator
means the Administrator of the Federal Aviation Administration.
Airport Arrival Rate
The term Airport Arrival Rate
means a dynamic parameter specifying the number of arrival aircraft that an airport, in conjunction with terminal airspace, can accept under specific conditions throughout any consecutive 60-minute period.
DCA
The term DCA
means Ronald Reagan Washington National Airport.
.