Senate Commerce Committee demands Army ADS‑B memo after near‑misses near DCA

Chairman Crews, chair of the Senate Committee on Commerce, Science, and Transportation, said the committee has given the Army 24 hours to produce an internal memo describing when military helicopters are permitted to disable Automatic Dependent Surveillance–Broadcast (ADS‑B) Out in the national airspace and warned that the panel will use its subpoena power if the Army continues to withhold the document.

The committee opened its hearing with a review of recent aviation safety concerns stemming from a January mid‑air incident near DCA and subsequent reported close calls. Crews said the memo — described in committee exchanges as the Army's ADS‑B Out operations guidance — was requested after Brig. Gen. Matthew Grama, director of the Office of Army Aviation, testified at the earlier hearing. "It begs the question, what doesn't the Army want Congress or the American people to know about why it was flying partially blind to the other aircraft and to the air traffic controllers near DCA?" Crews said.

Why it matters: Committee members said the Army's refusal to provide the guidance hinders congressional oversight of how and when military aircraft operate in congested terminal airspace. Crews and ranking member Sen. Maria Cantwell said the Army initially declined to release the memo despite the National Transportation Safety Board (NTSB) providing relevant material to the committee's staff, and they described a pattern of non‑cooperation that the panel views as a public‑safety risk.

Committee concerns and examples cited in the hearing include a near‑miss the Friday after the earlier hearing when a U.S. Air Force T‑38 flyover near Arlington National Cemetery approached within about 0.5 nautical mile laterally and roughly 200 feet vertically of a Delta jet departing DCA. Crews said the Delta flight’s Traffic Collision Avoidance System (TCAS) issued a resolution advisory that directed the flight to climb to avoid a collision. "This is far too close," he said, calling the episode "seconds away from yet another disaster." Cantwell echoed the need for full transparency and said material provided to the NTSB should inform congressional oversight of interactions between defense flight corridors and public passenger traffic.

The committee did not take formal votes at the opening of its hearing; instead members announced oversight steps and requests. Crews said the panel will "exercise its full authorities to compel [the memo's] production" if the Army continues to decline; members also requested unredacted materials from the service. Cantwell and other senators said FAA and NTSB findings should guide any follow‑up.

What the committee asked for and next steps: The committee requested an unredacted Army memo on ADS‑B Out exemptions and said it expects the Army to provide it immediately. Crews warned that a subpoena would follow continued noncompliance. Ranking members said they will continue to press the Department of Defense to clarify how frequently ADS‑B Out is disabled, what operational justifications apply, and what safeguards are in place when military flights enter congested terminal airspace around DCA.

Ending: After the opening exchange and demand for the memo, the hearing proceeded to take testimony from Boeing's chief executive. The committee reserved further questions and directed staff to continue collecting records from the DOD, FAA and NTSB as oversight continues.