Chairman Cruz: Strip Section 373 From NDAA

WASHINGTON, D.C. - Sens. Ted Cruz (R-Texas) and Maria Cantwell (D-Wash.), Chairman and Ranking Member of the U.S. Senate Committee on Commerce, Science, and Transportation, held a joint press conference with families of victims of the January midair collision near Ronald Reagan Washington National Airport to urge the removal of section 373 from the Fiscal Year 2026 National Defense Authorization Act (NDAA). The provision would widen the loophole that allows military helicopters to operate in DC airspace without broadcasting their location.

Last week Sens. Cruz and Cantwell, with Sens. Duckworth (D-Ill.), Moran (R-Kans.), Klobuchar (D-Min.), Blackburn (R-Ky.), Warnock (D-Va.), and Warner (D-Va.) filed joint amendments to NDAA to strike section 373 and replace it with their bipartisan ROTOR Act, which closes this loophole and ensures accountability for military flights.

At the press conference, Sen. Cruz said: "Nearly one year after that tragic midair collision over the Potomac River on January 29th, we are here to bring attention to a provision in the Fiscal Year 2026 National Defense Authorization Act that unwinds the actions taken by President Trump and Secretary Duffy to make the airspace around DC safer. Section 373 of the NDAA lets the military fly by different rules than every other aircraft in civilian airspace." said Sen Cruz "In addition to stripping this language, Congress should enact the bipartisan ROTOR Act, which Senator Cantwell and I authored. Our bill, which we're working to tee up for a vote, would require precise location transmissions for all aircraft operating around DC airspace."

Sen. Cantwell said: "As Senator Cruz mentioned, Section 373 of the NDAA, doesn't belong in any bill. There's no reason to have this language in the National Defense Authorization Act unless you're somebody who wants to continue to see letting the military do whatever they want to do in a congested airspace. As Senator Cruz mentioned, passing the ROTOR ACT is our real goal, a reform to the system that would assure that an accident like this would never happen again."

Laura Augendre, Representative of the Families of Flight 5342 said: "Immediately after the collision safety measures were finally put into place, measures that should have been there before our loved ones were lost. Rolling those back now does not move us forward. It puts people at risk. Now is time to build on that progress not to reverse it. There's already a bipartisan solution ready, the Rotor Act presented by Senators Cruz and Cantwell. We're asking that Section 373 of the NDAA be struck and replaced with the ROTOR Act so that safety is strengthened, not weakened. We're not here to make political statements."

Tim and Sheri Lilley, whose son, Sam, was the First Officer of Flight 5342 said: "We oppose this provision in the strongest possible terms. If it can't be changed before passage, we strongly urge Congress to update the language in Section 373 of the FY 2026 National Defense Authorization Act as soon as possible. Our collective standards must be higher. All the users of our national airspace deserve better."

Background:

After the January 29th midair collision between American Airlines Flight 5342 and a Black Hawk military helicopter near Ronald Reagan Washington National Airport (DCA), Sen. Cruz introduced the ROTOR Act to improve aviation safety, along with Sens. Jerry Moran (R-Kan.), Chairman of the Subcommittee on Aviation, Space, and Innovation; Marsha Blackburn (R-Tenn.); Ted Budd (R-N.C.); Shelly Moore Capito (R-W.Va.); Roger Marshall (R-Kan.); Eric Schmitt (R-Mo.); Tim Sheehy (R-Mont.); and Todd Young (R-Ind.). In October, the Commerce Committee unanimously approved the ROTOR Act and reported it to the Senate floor.

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