NTSB Chair criticizes defense bill for military helicopter ADS-B safety

December 12, 2025 at 11:00 PM•2 min read

A defense bill provision allowing military helicopters to operate without ADS-B in DC draws NTSB criticism.

Key Points

1NTSB Chair Jennifer Homendy strongly condemned a defense bill provision allowing military aircraft to operate without ADS-B Out, calling it an "unacceptable risk."
2The provision threatens to reverse new FAA mandates requiring military ADS-B Out around Reagan National, implemented after a 2023 Black Hawk collision.
3Senators Cruz and Cantwell introduced the ROTOR Act to limit military ADS-B Out deactivation, especially for training and non-Cabinet official flights.
4The 2023 Black Hawk involved in the fatal collision near Reagan National had its ADS-B Out disengaged for months prior to the incident.

The National Transportation Safety Board (US NTSB) Chair Jennifer Homendy has vehemently criticized a provision within the annual defense bill (NDAA) that she argues would undermine aviation safety by allowing military aircraft to operate without Automatic Dependent Surveillance-Broadcast Out (ADS-B Out) technology. This contentious clause follows a year-long NTSB investigation into a fatal military helicopter collision near Reagan National Airport (DCA), where the involved Black Hawk helicopter did not have its ADS-B Out engaged, and its Traffic Collision Avoidance System (TCAS) provided only a 20-second warning before impact. Homendy labeled the NDAA provision an “unacceptable risk” and a “safety whitewash.”

Historically, the US Federal Aviation Administration (FAA) permitted military and law enforcement helicopters to disable ADS-B Out for national security purposes. However, in response to the 2023 Black Hawk collision, the FAA revised its agreements with the US military, mandating ADS-B Out broadcasting around Reagan National with only critical national security exemptions, such as presidential transport. The NTSB Chair expressed concern that the proposed NDAA language would roll back these newly established safety requirements, returning conditions to those present at the time of the accident.

Aviation safety consultant Jeff Guzzetti described the NDAA language as "too general" and "confusing," suggesting it was drafted without full awareness of the facts. In response to the provision, families of the crash victims are urging Congress to pass alternative legislation. Senate Commerce Chair Ted Cruz (R-Texas) and ranking member Sen. Maria Cantwell (D-Washington) are actively working to remove the problematic NDAA provision and instead advance their more comprehensive crash-response bill, the ROTOR Act.

The proposed ROTOR Act aims to significantly limit when the US Army can deactivate ADS-B Out nationwide. Specifically, it would prohibit the practice during training and proficiency flights, as well as when transporting federal officials who are not Cabinet members, thereby enhancing airspace safety for the flying public, a concern explicitly voiced by Senator Cruz.