Duckworth, Cruz, Cantwell, Moran Criticize Widening of Military Aircraft Safety Loophole in 2026 NDAA
[WASHINGTON, D.C.] - U.S. Senator and Ranking Member of the Senate’s Aviation Subcommittee Tammy Duckworth (D-IL) joined fellow U.S. Senate Committee on Commerce, Science and Transportation (CST) leaders Ted Cruz (R-TX), Maria Cantwell (D-WA) and Jerry Moran (R-KS) in issuing a joint statement criticizing the inclusion of a provision in the 2026 National Defense Authorization Act (NDAA) widening a loophole for military helicopters that threatens the safety of the flying public. Almost a year after the fatal crash near DCA, the Senators—who are working to close that loophole completely with their bipartisan ROTOR Act—join with the Families of Flight 5342 and the Lilley family in voicing serious concern that the NDAA, as written, would make American skies less safe.
“Almost a year after 67 lives were lost when a military helicopter hit American Airlines flight 5342 over the Potomac River, the NDAA fails to make the skies safer. As drafted, the NDAA protects the status quo, allowng military aircraft to keep flying in DC airspace under different rules and with outdated transmission requirements,” said the Senators.
“This comes as Pentagon data shows a spike in military aircraft accidents since 2020. The families of the victims deserve accountability. The NDAA should be stripped of this new loophole and instead include the ROTOR Act -- a bipartisan bill that closes the dangerous exemption that allows military aircraft to operate in domestic skies without communicating their position. We must act decisively to prevent future tragedies,” the Senators said.
The Families of Flight 5342 issued a statement in solidarity with the Senators:
"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 provides the comprehensive, nationwide reforms needed to ensure that a tragedy like Flight 5342 never happens again."
Tim and Sheri Lilley, whose son, Sam, was the First Officer of Flight 5342 also issued a statement:
“As it is currently drafted, the FY 2026 National Defense Authorization Act has 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 has been highlighted by public statements of several Members of Congress and Administration officials, the national security waivers that have been abused by operators in the DC area 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 that utilize our airspace deserve better 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.”
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