12/11/2025 | Press release | Distributed by Public on 12/11/2025 17:02
WASHINGTON - U.S. Senator Jerry Moran (R-Kan.) - chairman of the Senate Commerce Subcommittee on Aviation, Space, and Innovation - today spoke on the Senate floor warning that the current draft of the FY2026 National Defense Authorization Act (NDAA) fails to implement the minimum standards necessary for military helicopters operating in mixed airspace. Sen. Moran called on his colleagues to amend the NDAA or pass additional legislation to maintain current safety standards.
The National Transportation Safety Board (NTSB) Chair Jennifer Homendy stated in a press conference this week that the current version of the NDAA could threaten safety regulations that were put in place following the fatal January 29 crash involving American Airlines Flight 5342, which originated from Wichita.
"I will insist and be working with my colleagues to amend the FY2026 National Defense Authorization Act, or to otherwise pass legislation to make sure that NDAA language is at least as a minimum abiding by the safety standards that were set in place after the crash of January, the 29th," said Sen. Moran. "Our aviation system is fragile. I chair the subcommittee in Commerce on Aviation and Space. We've seen this in testimony time and time again: there is fragility in the safety of our air system, and over the last year, Congress has passed significant legislation to invest in the future safety of our airspace and introduced legislation to make our airspace safer, including the ROTOR Act. Now is not the time to take a step back from these efforts."
Yesterday, Sen. Moran joined his fellow members of the Senate Commerce Committee leadership in issuing a joint statement raising concerns about the NDAA provision.
Click HERE to Watch Sen. Moran's Full Remarks
Sen. Moran's full remarks as delivered:
"Mr. President, the deadly collision that occurred here in our nation's capital between American Airlines Flight 5342, from Wichita, Kansas, and a U.S. Army Blackhawk on January 29th, 2025, forever changed how we look and think about air travel. There were numerous circumstances that led to this horrific incident, and the NTSB's - the National Transportation Safety Board's - critical investigation into this collision is continuing even today.
"While the NTSB's final recommendations have not yet been released, the Chair of the NTSB, Jennifer Homendy, took an unusual step in publicly stating that the current version of the NDAA - the National Defense Authorization Act - does not adequately address the safety concerns surrounding the mixed airspace around DCA.
"She even went on to say that the legislation - the legislation, the NDAA - she says, 'reverses safety changes made after the mid-air collision; after the NTSB issued urgent safety recommendations; and after Secretary of Transportation Sean Duffy rightfully implemented NTSB's urgent safety recommendations.'
"Based on the data and recommendations we've received so far from NTSB so far, we know that:
"One: There should have been limitations to rotary travel in high-traffic areas of commercial air travel.
"Two: All aircraft in this space should be using position broadcast technology, nearly no exceptions,
"And three: the users of this congested air space should be communicating problems to each other, like the 15,000 'near misses' that occurred around DCA in a three-year period between commercial planes and rotary aircraft. 15,000 near misses in a three-year period of time.
"The current NDAA text includes a provision which misses the mark on two of these must-have provisions. Therefore, I will insist and be working with my colleagues to amend the FY2026 National Defense Authorization Act, or to otherwise pass legislation - perhaps in the appropriations process, of which I'm a member of that committee - to make sure that NDAA language is at least as a minimum abiding by the safety standards that were set in place after the crash of January, the 29th.
"Our aviation system is fragile. I chair the subcommittee in Commerce on Aviation and Space. We've seen this in testimony time and time again: there is fragility in the safety of our air system, and over the last year, Congress has passed significant legislation to invest in the future safety of our airspace and introduced legislation to make our airspace safer, including the ROTOR Act.
"Now is not the time to take a step back from these efforts. I'm grateful for the hard work of NTSB Chair Homendy and her team, and I look forward to receiving their final recommendations when that time arises.
"And I also want to say thank you to the families of the victims of Flight 5342, who have continued to be vocal advocates for the safety of our airspace in honor of the loved ones they lost.
"Mr. President, it is important we not take a step back, but take a step forward. And I'll work in every way that I can with my colleagues to see that we accomplish that before the passage of the National Defense Authorization Act. Mr. President, I yield the floor."
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