NTSB Chair Jennifer Homendy sharply criticized a provision in the National Defense Authorization Act that she says would weaken aviation safety measures the board recommended after the deadly January midair collision near Ronald Reagan Washington National Airport. The crash, involving a U.S. Army Black Hawk helicopter and an American Airlines regional jet, killed 67 people and was the nation’s deadliest aviation disaster in more than two decades.
Homendy called the NDAA language a “safety whitewash” and said the NTSB “vehemently” opposes wording that would create exemptions to a Defense Department agreement intended to require military aircraft to broadcast position data using ADS-B technology. The board warns the exemptions could recreate the same conditions that existed on January 29 and undermine steps meant to prevent a repeat tragedy.
In a letter to the chairmen and ranking members of the House and Senate Armed Services Committees, Homendy said the NTSB was not consulted while the provision was drafted and that she does not know who added it. She urged lawmakers to work with the agency to strengthen safety rather than restore the prior status quo.
Committee leaders defended the NDAA language. Senators Roger Wicker and Jack Reed and Representatives Mike Rogers and Adam Smith said the bill would require helicopters on training missions around Washington to provide position warnings to other aircraft and would force a military service secretary to get concurrence from the Transportation Secretary before granting a waiver. They also noted the provision does not explicitly mandate ADS-B.
Some lawmakers outside the armed services committees echo the NTSB’s concerns. Senators Ted Cruz, Maria Cantwell, Jerry Moran and Tammy Duckworth say the current draft preserves different, older rules for military flights in D.C. airspace and point to Pentagon data showing a rise in military aircraft accidents since 2020. They urged adoption of the bipartisan ROTOR Act, which would require ADS-B equipage and limit exemptions for military helicopters.
Relatives of victims have also protested. Tim and Sheri Lilley, whose son Sam was the first officer on Flight 5342, said the flying public deserves stronger protections and urged Congress to close gaps that have already cost lives.