Lawmakers and NTSB Clash with Defense Officials Over “Loophole” in Helicopter Safety Bill

A contentious debate over aviation safety and national security has erupted on Capitol Hill following the release of the House version of the 2026 National Defense Authorization Act (NDAA). According to reporting by Reuters, a bipartisan group of U.S. senators and the National Transportation Safety Board (NTSB) are aggressively opposing a provision they claim creates a dangerous exemption for military helicopters operating in civilian airspace.

The legislative battle comes in the wake of a tragic mid-air collision in January 2025 that claimed 67 lives. Critics argue that the current language in the NDAA, specifically Section 373, codifies the very practices that led to the disaster. While the Department of Defense (DoD) maintains that operational security (OPSEC) requires flexibility during training, safety advocates insist that the proposed “national security” waivers render the new safety requirements toothless.

The Catalyst: A Tragedy Over Washington

The urgency behind the legislative push stems from a catastrophic event earlier this year. On January 29, 2025, a U.S. Army UH-60 Black Hawk helicopter collided with American Airlines Flight 5342, a CRJ-700 regional jet operated by PSA Airlines, near Ronald Reagan Washington National Airport (DCA).

According to NTSB findings referenced in reports, the collision resulted in 67 fatalities, killing all passengers and crew on both aircraft. The investigation revealed that the Black Hawk was conducting a “continuity of government” training mission and was not transmitting its location data via Automatic Dependent Surveillance-Broadcast (ADS-B) technology. The pilot had obtained a waiver to fly “dark” for security reasons, leaving the regional jet’s collision avoidance systems unable to detect the helicopter in time.

Legislative Controversy: Section 373 vs. The ROTOR Act

Two competing approaches to preventing future collisions have emerged, creating a standoff between defense committees and aviation safety proponents.

The NDAA Provision (Section 373)

The House-passed version of the FY 2026 NDAA includes Section 373, which ostensibly requires military helicopters in high-traffic airspace to be “electronically visible” and compatible with civilian Traffic Alert and Collision Avoidance Systems (TCAS). However, lawmakers and safety experts have flagged a critical caveat.

As reported, the provision allows the Secretary of a military department to waive this requirement if deemed in the “national security interest.” Critics argue this waiver authority is too broad and effectively maintains the status quo.

The ROTOR Act Alternative

In response, Senators Ted Cruz (R-Texas), Maria Cantwell (D-Wash.), Jerry Moran (R-Kan.), and Tammy Duckworth (D-Ill.) are pushing for the adoption of the ROTOR Act. This alternative legislation proposes stricter mandates:

• Universal Tracking: Mandates ADS-B In and Out technology for all aircraft, including military helicopters.
• Limited Exemptions: Waivers would be restricted to active combat operations or genuine national security events, explicitly excluding routine training missions.
• Situational Awareness: Requires military aircraft to train with tracking systems enabled to ensure safety in domestic skies.

Stakeholder Arguments

The debate has drawn sharp lines between civilian safety regulators and military leadership.

NTSB and Senate Critics

NTSB Chair Jennifer Homendy has been vocal in her opposition to the House provision. In statements covered by Reuters, she criticized the language for allowing the military to self-exempt from safety rules.

“The provision protects the status quo and invites history to repeat itself.”

, NTSB Chair Jennifer Homendy (via Reuters)

Senators Cruz and Cantwell echoed these sentiments in a joint statement, arguing that the NDAA provision permits military aircraft to operate under “different rules” with outdated transmission requirements. They are demanding that the final bill replace Section 373 with the stricter language of the ROTOR Act.

Department of Defense Position

Defense officials have pushed back, citing the need for realistic training environments. The military argues that pilots must train without broadcasting their location to simulate combat scenarios where electronic emissions could be targeted by adversaries. Furthermore, DoD officials have raised concerns about “spoofing vulnerabilities” in the open-source ADS-B system, suggesting that broadcasting precise movements could expose sensitive tactics.

AirPro News Analysis

The friction between the DoD and the NTSB highlights a growing challenge in modern aviation: the shrinking margin for error in increasingly crowded airspace. While the military’s need for OPSEC is legitimate, the density of civilian traffic near major hubs like DCA makes “dark” flying inherently risky.

The tragedy of Flight 5342 demonstrated that procedural de-confliction, relying on air traffic control to separate traffic without digital visibility, may no longer be sufficient. If the ROTOR Act fails to pass, the reliance on Section 373 will place a heavy burden on military secretaries to rigorously assess risk before granting waivers, a process that critics fear will become a rubber stamp for standard operating procedures.

Frequently Asked Questions

What is ADS-B?

Automatic Dependent Surveillance-Broadcast (ADS-B) is a technology that allows aircraft to determine their position via satellite and broadcast it to other aircraft and ground stations. “ADS-B Out” transmits location, while “ADS-B In” allows pilots to see other traffic on their screens.

Why was the Black Hawk flying “dark”?

The helicopter was on a classified “continuity of government” training mission. The pilot had obtained a waiver to disable tracking systems to simulate operational security conditions required in combat zones.

What happens next for the legislation?

The Senate is currently negotiating its version of the NDAA. Senators are expected to introduce amendments to replace the House’s Section 373 with the ROTOR Act language before the final bill is reconciled and sent to the President.

Sources

• Reuters