Executive Summary
- Virginia congressional delegation opposes Section 373 of the FY2026 NDAA.
- Lawmakers argue the provision ignores NTSB recommendations following a fatal Jan. 2025 crash.
- Concerns focus on waivers for training flights in congested D.C. airspace.
- The collision at Reagan National Airport resulted in 67 fatalities.
WASHINGTON — A delegation of Virginia lawmakers has formally expressed strong reservations regarding aviation safety provisions included in the National Defense Authorization Act (NDAA) for fiscal year 2026. In a joint statement issued regarding Section 373 of the act, U.S. Representatives Don Beyer, Suhas Subramanyam, James Walkinshaw, Bobby Scott, Jennifer McClellan, and Eugene Vindman argued that the legislation fails to adequately address safety risks exposed by a fatal midair collision earlier this year at Ronald Reagan Washington National Airport.
The lawmakers’ concerns stem from the catastrophic incident on Jan. 29, 2025, which resulted in the deaths of 67 people. According to the congressional statement, the current text of Section 373 allows for waivers regarding training flights. The delegation contends that these waivers could exacerbate congestion in the already crowded airspace surrounding the nation’s capital, potentially increasing the risk of future incidents.
Citing alignment with the Families of Flight 5342 and the National Transportation Safety Board (NTSB), the representatives stated that the provision falls short of preliminary safety recommendations. The lawmakers noted that the legislation omits critical changes necessary for improving visibility and communication between military and civilian aircraft. "Further action is needed to prevent a repetition of the mistakes that led to this incident," the statement read, emphasizing the delegation’s intent to work with transportation officials to revise the language before any waivers are issued.
Regulatory Oversight and Airspace Management
The legislative dispute underscores the critical challenges facing airspace management within the National Capital Region, where high-volume commercial traffic intersects with sensitive military operations. The insistence by Virginia lawmakers on adhering strictly to NTSB preliminary recommendations signals a push for rigorous statutory guardrails over administrative flexibility in safety protocols. As the National Defense Authorization Act moves toward finalization, the resolution of Section 373 will likely serve as a pivotal benchmark for integrating enhanced safety measures in mixed-use airspace, particularly in the wake of mass-casualty events attributed to communication and visibility failures.
