WASHINGTON — National Transportation Safety Board chair Jennifer Homendy sharply criticized a provision in the defense authorization bill, saying it would erode safety measures adopted after the deadly January mid-air collision near Ronald Reagan Washington National Airport. The crash between a U.S. Army Black Hawk helicopter and an American Airlines regional jet killed 67 people and prompted the NTSB to recommend new safety steps.
Homendy called the provision “a safety whitewash” and said the NTSB “vehemently” opposes language in the National Defense Authorization Act that would recreate exemptions to a key safety rule. After the collision, the Defense Department agreed to require military aircraft to broadcast their position using ADS-B, a technology that helps other aircraft and air traffic control see an aircraft’s location. The NTSB says the NDAA language would allow exemptions that effectively return conditions to what existed on Jan. 29, when the deadliest U.S. aviation disaster in more than two decades occurred.
“We should be working together in partnership to prevent the next accident, not inviting history to repeat itself by recreating the same conditions that were in place on January 29th,” Homendy said. She detailed the board’s objections in a letter to the chairmen and ranking members of the House and Senate Armed Services Committees, noting she was not consulted during drafting and does not know who added the disputed provision.
Committee leaders defended the NDAA language in a joint statement, saying they are committed to aviation safety. They said the bill would require helicopters conducting training missions around Washington, D.C., to provide a warning of their position to other aircraft, though it does not explicitly mandate ADS-B. The bill would also require the secretary of a military department to obtain concurrence from the secretary of transportation before waiving that requirement.
Some lawmakers, however, share the NTSB’s concerns. Senators Ted Cruz, Maria Cantwell, Jerry Moran and Tammy Duckworth — leaders on the Senate Commerce, Science and Transportation Committee — said the NDAA “protects the status quo,” permitting different rules and older transmission standards for military flights in D.C. airspace. They pointed to Pentagon data showing a spike in military aircraft accidents since 2020 and urged adoption of the bipartisan ROTOR Act, which would require operators to equip fleets with ADS-B and limit military exemptions.
Family members of American Airlines Flight 5342 victims also criticized the bill’s language. Tim and Sheri Lilley, whose son Sam was the flight’s first officer, said the traveling public deserves stronger protections and urged Congress to strengthen the provision rather than leave vulnerabilities that have already cost lives.