Industry Speaks Against Section 373 of the National Defense Authorization Act

Section 373 of the newly passed National Defense Authorization Act isn’t sitting well with much of the industry, sparking public frustration from the National Transportation Safety Board, the Air Line Pilots Association (ALPA), and Washington, D.C. officials. Their statements all serve as a warning to Congress, claiming that the provision undoing necessary safety protections put in place after January’s deadly mid-air collision.

The section, tucked into the $900 billion defense bill, was worded to sound like the best-case scenario. It proposes that military helicopters be mandated to use electronic tracking, like ADS-B, to be visible to airliners in congested airspace and requires near-miss and annual progress reports through 2030.

The controversy comes with the fine print: waivers can be granted to skirt these requirements, citing national security concerns. This undos immediate mitigations that came in the wake of the 67-fatality DCA crash, re-opening loopholes that allow military aircraft to avoid electronic broadcasting.

Those who have seen the causes and effects of the tragic accident up close and personal are not happy with the proposal. NTSB Chair Jennifer Homendy said that the agency “vehemently opposes” the provision, which she describes as a “shameful” and “unthinkable” decision that poses an “unacceptable risk to the flying public, to commercial and military aircraft, crews, and to the residents in the region.”

Major pilot union ALPA agreed with Homendy’s sentiments. Organization president, Captain Jason Ambrosi, is urging Congress to scrap the language entirely in favor of the recent Rotorcraft Operations Transparency and Oversight Reform, or ROTOR, Act. This legislation has already been approved by the Senate Commerce Committee and would mandate ADS-B in, increase oversight, establish better FAA-DOD coordination, require the FAA to look closer at advanced collision avoidance tech, and, most importantly, allow military exceptions for only highly sensitive missions.

“We should be working together to prevent the next accident, not inviting history to repeat itself,” Ambrosi said.

Despite the uproar, the House moved forward with the bill on December 10, passing it with bipartisan support after a brief revolt from several Republican lawmakers. The broader package includes military pay raises, aid for Ukraine, and new investment restrictions on China… but to the aviation community and the people impacted by the loss of those on American Eagle Flight 5342 and PAT 25, Section 373 is taking center stage.

FMI: www.ntsb.gov