WASHINGTON — As the House prepares to vote on a bill that will set national defense policy for the next year, the families of those killed in the DCA mid-air collision, and the people in charge of investigating it, are calling out the short section on helicopter safety.
Section 373 of the proposed bill is called “manned rotary wing aircraft safety.” It requires that helicopters be electronically visible and integrated with the safety systems airliners use to avoid collisions in certain busy U.S. airspace — including the D.C. area — and allows only the secretary of a military department to grant waivers in agreement with the secretary of transportation. It also requires reporting on near misses over the past 10 years and annual reports each year until 2030.
But NTSB Chairwoman Jennifer Homendy and the families of the 67 people killed are opposing the provisions.
Homendy sent a letter to the House and Senate Armed Services Committees concerning the provision, calling it a “major step backwards from where we are today,” given the changes made -rightfully – by the Secretary of Transportation following issuance of NTSB’s urgent safety recommendations.
“Section 373(a) would roll back those broadcast requirements to the very conditions that existed in the DC airspace at the time of the accident, by allowing military aircraft to operate without ADS-B,” Homendy explained in the letter.
Homendy says the provision is an unacceptable risk to the flying public, to commercial and military aircraft crews, and to residents in the region. Additionally, Homedy claims the language seems to allow military departments to do whatever they want in D.C. airspace with very little input from the Secretary and none from the FAA, the aviation industry, and others impacted.
“It’s also an unthinkable dismissal of our investigation and of 67 families who lost loved ones in a tragedy that was entirely preventable,” Homendy wrote. “I urge you to consider the consequences of this provision, and I stand ready to work with you to address these urgent safety concerns.”
Sen. Mark R. Warner (D-VA) released a statement regarding the same provision on Wednesday, saying:
“Buried in the NDAA, there is a provision that could make flying into the Capital region significantly less safe. The language in this provision could allow rolling back crucial new safety practices I fought to implement after the January 29 tragedy, and give the Department of Defense more discretion over safety procedures in the region. After what happened in January, it’s clear that we cannot rely on the DoD alone to be the safety authority over its flights in this area and that we need more, not less, oversight to prevent another tragedy from ever occurring again. I will be speaking to the DoD and my colleagues in Congress to highlight the significant safety risk presented by this provision.”
Sen. Tim Kaine (D-VA) released a statement as well:
“I was proud to work alongside the families of those who lost loved ones in the January 29 crash near DCA to secure a provision in the Senate-passed annual defense bill to require all DOD aircraft that operate near commercial airports to be equipped with broadcast positioning technology. Congressional leaders watered my provision down to accommodate DOD concerns. While this final provision is a smaller step forward than I wanted, I will work to ensure that it won’t be the last. In the coming weeks, the NTSB and Army are releasing their reports regarding the crash, which will provide guidance as Congress considers additional steps the DOD and the FAA can take to avoid catastrophe in the future, including reducing commercial air traffic to and from DCA.”
Statement from the families:
“Over the past year, the Families of Flight 5342 have united to push for meaningful aviation safety reforms so that no other families suffer the same devastating loss. While we appreciate congressional attention to rotary-wing operations in the National Defense Authorization Act, Section 373 does not resolve the visibility and coordination failures that contributed to the tragedy. As written, it leaves the status quo largely unchanged.
Section 373 applies only to training missions – even though military helicopters in the National Capital Region fly a wide range of missions that routinely place them near commercial aircraft. It focuses narrowly on TCAS-compatible alerts rather than true visibility and broadcast requirements, and it preserves broad national-security exceptions, similar to those in place at the time of the Flight 5342 collision. These gaps mean the provision does not meaningfully mitigate the risks that proved fatal for our loved ones.
We urge Congress to strengthen Section 373 by requiring real, enforceable visibility standards for all military aircraft operating near civilian traffic. And we continue to call for swift passage of the bipartisan ROTOR Act, which is a strong first step in addressing comprehensive, nationwide reforms needed to ensure that a tragedy like Flight 5342 never happens again.”
Statement from Tim and Sheri Lilley, family of First Officer Sam Lilley:
“As currently drafted, the FY 2026 National Defense Authorization Act contains several unsatisfactory provisions related to aviation safety.
As such, we call on members to reject this language. At a minimum, language should become law as soon as possible to require ADS-B out.
The national security waivers allowed by this draft are also deeply concerning. As highlighted in public statements by several Members of Congress and Administration officials, the national security waivers that operators in the DC area have exploited are problematic and subject to abuse. This bill addresses that with a “window dressing” fix that will continue to allow for the setting aside of requirements with nothing more than a cursory risk assessment.
Safety that depends on exemptions cannot be the foundation of a secure airspace system.
The flying public and all those who utilize our airspace deserve better aviation safety policy than what this bill provides.
The January 29 midair accident that took 67 souls, including our son, AA5342 First Officer Sam Lilley, showed us exactly what is at stake. Congress now has a choice: strengthen this provision and protect the traveling public or leave in place the same vulnerabilities that have already cost too many people their lives.”
Tim Lilley is a retired Black Hawk pilot and current commercial jet captain.