Army says ADS‑B off was authorized for some missions; committee presses for policy and data

Brigadier General Matthew Brahman, director of Army Aviation, told the Senate subcommittee that the Army operates under FAA authority within the National Capital Region but that certain missions approved for continuity of government and national security can be authorized to operate without broadcasting ADS‑B Out. He said the crew of the Black Hawk involved in the Jan. 29 collision was qualified and that the unit paused operations immediately after the accident.

Brahman described the twelfth Aviation Battalion’s mission at Fort Belvoir and said roughly three‑quarters of that battalion’s flights support continuity‑of‑government rehearsal and readiness tasks. He told senators that the unit’s aircraft transponders were set to transmit required Mode 3/A and Mode S information while inside Class B airspace, but that ADS‑B Out operation and the functional status of ADS‑B equipment for some aircraft are under active investigation.

Senators repeatedly pressed the Army for specifics. Senator Tammy Duckworth asked whether the Army can identify how many close calls at DCA involved Army helicopters; Brahman said the databases are not currently shared but that the Army is interested in data sharing. Senator Ted Cruz and others demanded the Army’s internal memo describing ADS‑B‑off operations; Brahman said he would “review the information and get what we can to you,” and later clarified that the memo could be made available but that portions may be part of ongoing investigations.

Brahman told the committee the Army has elevated approval authority for ADS‑B‑off operations to a higher command level following the accident and that the twelfth Aviation Battalion paused flights within a seven‑nautical‑mile radius of DCA while resuming limited operations outside that radius. He also said the Army is participating in an FAA‑led working group to redesign Route 4 as recommended by the NTSB, and that the service has issued interim guidance to elevate authorization levels for ADS‑B‑off missions.

Clarifying details the Army provided to the NTSB and committee during the hearing included counts for its battalion’s fleet and transmission behavior: the battalion has 25 helicopters, a mix of aircraft types; some aircraft transmitted ADS‑B data when turned on, while others had not transmitted to FAA ground stations for months. The NTSB reported that the accident helicopter had not transmitted ADS‑B data to an FAA ground station for about 730 days before the crash; Army and NTSB staff described ongoing checks to determine whether that reflected installation, equipment or telemetry issues.

Why it matters: Senators said routine or routine‑like exemptions to ADS‑B Out undermine collision‑avoidance safeguards, especially in congested airspace. Senator Maria Cantwell called the continued broad use of ADS‑B‑off operations “shocking and deeply unacceptable” and urged the Army to change policy immediately if it did not voluntarily do so. Brahman said the Army is prepared to review and change policy as appropriate but that any formal changes should be informed by investigative findings.

The committee asked the Army to provide written materials and data the senators requested; the Army agreed to review and supply documents where possible while noting that certain materials are part of ongoing investigations.