National Transportation Safety Board (NTSB) Chair Jennifer Homendy on Wednesday said the board “vehemently opposes” one of the provisions in the National Defense Authorization Act (NDAA) passed by the House of Representatives hours earlier.
She said during a press conference that the NTSB took notice of Section 373, which she said gives the military “unfettered access” to the airspace over Washington, D.C., and allows the military to perform training missions in the area.
“The NTSB vehemently opposes Section 373 of the National Defense Authorization Act or NDAA,” Homendy said. “This section to the lay reader is drafted to seemingly enhance safety. I want to be very clear that it does not, in any way, enhance safety.”
She said that the section reverses safety changes put in place following the crash between an American Airlines flight and an Army helicopter near Ronald Reagan Washington National Airport on Jan. 29. According to investigators, it was difficult for the helicopter pilots to hear dispatches from National Airport’s traffic control.
The investigation into the crash, which killed 67 people, remains ongoing.
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After the crash, the Federal Aviation Administration and the Department of Defense agreed to have military aircraft broadcast their position in D.C. airspace. Section 373 would roll back that requirement, Homendy said.
“This is a significant, significant safety setback,” Homendy continued. “It represents an unacceptable risk to the flying public, to commercial and military aircraft, crews and to the residents in the region.”
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Homendy called the section “shameful” and said that it is “an unthinkable dismissal of our investigation and of the 67 families … who lost loved ones in a tragedy that was entirely preventable.”
“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 Jan. 29,” she said, adding that the NTSB was not “consulted about this language.”
D.C. Mayor Muriel Bowser (D) said she was “deeply concerned” about Section 373.
“I urge Congress to strike Section 373 and to follow the recommendations of safety experts,” she said in a statement posted on the social media platform X. “I will continue working alongside our federal partners to ensure compliance with safety training protocols and to protect the integrity of our airspace.”
The House passed the $900 billion defense bill earlier Wednesday afternoon. The bill would increase pay for service members, provide some military aid to Ukraine, restrict U.S. investment in China and fully repeal sanctions on Syria, among other provisions.
A handful of Republican lawmakers, including Rep. Marjorie Taylor Greene (Ga.), initially opposed the bill before House Speaker Mike Johnson (R-La.) persuaded them to vote for it. Rep. Thomas Massie (Ky.) was the only Republican to vote “no.” The bill passed with bipartisan support.
“While I have concerns about how the Speaker and White House handled the final negotiations of the bill, the majority of this legislation reflects months of bipartisan negotiations done in good faith between the House and Senate Armed Services Committees,” Rep. Adam Smith (D-Wash.), ranking member of the House Armed Services Committee, said in a statement on Monday.
