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NTSB Rebukes House-Passed Defense Bill Over D.C. Helicopter Training Rule

Critics say Section 373 restores pre-crash conditions by relying on TCAS alerts with waivers rather than enforceable broadcast requirements.

Overview

  • The House approved the FY2026 NDAA 312–112, advancing to the Senate a bill that includes Section 373 governing military rotary‑wing training near Washington National.
  • Section 373 would permit training flights in the capital’s special airspace if helicopters provide TCAS‑compatible warnings, with a waiver available upon a national‑security finding, Transportation Secretary concurrence, and a risk assessment.
  • NTSB Chair Jennifer Homendy urged Congress to remove the provision, calling it an unacceptable safety risk and noting TCAS limitations at low altitude and that an alert issued about 20 seconds before January’s collision did not avert the crash.
  • Families of Flight 5342 and bipartisan Senate Commerce leaders urged stripping the NDAA language in favor of the ROTOR Act, which would mandate ADS‑B position broadcasting and close military exemptions.
  • D.C. Mayor Muriel Bowser and Virginia senators warned the measure could roll back post-crash steps such as ADS‑B Out requirements and route restrictions, as the crash investigation continues.