NTSB Chair Jennifer Homendy sent a letter to congressional leaders on Wednesday, urging the removal of a provision in the 2026 National Defense Authorization Act. Homendy wrote that Section 373, despite adding language around alerting systems, would in practice allow military departments to conduct rotary wing training missions in the Washington, D.C., Metropolitan Area Special Flight Rules Area under conditions similar to those in place before the Jan. 29 midair collision near Ronald Reagan Washington National Airport.
Homendy wrote that Section 373 of the NDAA would rely on warnings compatible with commercial aircraft TCAS systems. She noted that TCAS is inhibited during low-altitude descent to avoid nuisance alerts and did not prevent the crash despite issuing an alert nearly 20 seconds before impact, according to the agency’s findings.
Under the proposed language, the Secretary of a military department—concurring with the Secretary of Transportation—could waive the warning requirement if it is deemed in the national security interest and accompanied by a commercial aviation compatibility risk assessment.
Homendy wrote that the NTSB has concerns about whether military departments can fully assess risks in the complex D.C. airspace and added that congressional notification of extended waivers does not ensure that safety considerations are met. The letter states that the provision presents an unacceptable risk and affirms the agency’s readiness to assist lawmakers in addressing the issue.
The accident, which remains under investigation, involved a PSA Airlines CRJ700 operating as American Airlines Flight 5342 and a U.S. Army UH-60 Black Hawk helicopter, resulting in the loss of all 67 passengers and crew aboard the aircraft and the helicopter’s three-member crew.
According to the NTSB, part of the investigation centers on limitations in awareness and alerting technologies, including ADS-B.
Following the collision, the FAA and Department of Defense reached an agreement requiring military aircraft in the region to broadcast their position via ADS-B Out, a capability the agency has long advocated.
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