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Washington (CNN) — The Army has not yet provided Congress with records showing when they used a collision avoidance technology that was turned off during January’s midair collision that killed 67 people, Sen. Ted Cruz, chairman of the Senate Committee on Commerce, Science and Transportation, said during a hearing Wednesday.
“If another Black Hawk helicopter strikes another passenger jet and murders 67 people because the Army refused to change its policy of turning off ADS-B Out and rather than act proactively to protect people’s lives - the Army chose to protect its bureaucratic a** - those deaths will be on the Army’s hands,” Cruz said.
The military was given broad leeway by the Federal Aviation Administration to operate its aircraft with Automatic Dependent Surveillance Broadcast technology switched off to protect mission security.
Cruz said since a hearing on the NTSB’s preliminary report last week, the Army has not provided an August 9, 2024, memo titled “ADS-B Out Off Operations in the National Airspace.” Civilian and military aircraft use the technology, which broadcasts an aircraft’s location, altitude and other key factors while monitoring other aircraft around it. The Army often turns ADS-B off when flying around Washington, DC – including when in the airspace around Ronald Reagan Washington National Airport.
“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 other aircraft and air traffic controllers near DCA,’” Cruz said. “If the Army continues to stonewall, they will face a subpoena from this committee.”
Brig. Gen. Matthew Braman testified during a Senate hearing last week that the status of the operation and functionality of the ADS-B Out system in the helicopter involved in the mid-air collision was still under investigation, but the crew was approved to operate with it off, in accordance with Army policy.
Senators and investigators say the technology could have aided in avoiding the January collision, as it provides air traffic controllers frequent updates on the position of an aircraft, refreshing once every second rather than every four to six seconds through radar.
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