The Aircraft Nobody Could See

Notes from the Field — October 9, 2026


In January 2025, a Black Hawk helicopter and an American Airlines jet collided over the Potomac and 67 people died. The Army’s own investigation, completed in May and released to the public on October 8, found “breakdowns across all layers of conflict management.” One of those breakdowns is a transmitter.

The Broken Gauge asks whether the channel that would have measured something was disabled first. Here the channel is a signal that tells nearby aircraft where you are.

What the report found

The Army helicopter did not transmit its location. Roll Call reports that was partly equipment failure, and partly that the crew was authorized to fly without the system on. The system is called ADS-B Out. Aircraft in most controlled airspace must use it. Under a 2018 agreement between the Federal Aviation Administration and the Pentagon, certain military aircraft are exempt, and the fiscal 2019 National Defense Authorization Act wrote that exemption into law.

The Army’s lead investigator, Lt. Gen. Michael McCurry, recommended that the Army require all flights in heavy urban environments to carry a receiver for ADS-B In, the part that warns a pilot of nearby traffic, and that Army aircraft use ADS-B Out in and around Washington and in the busiest airspace. The Army says it is inspecting all 3,585 of its rotary-wing aircraft. Investigators have said ADS-B In could have given both crews warning that they were about to collide.

The exemption in the room

The Senate-passed aviation safety bill would repeal the older exemption and let the FAA grant exceptions only for “sensitive government missions.” The House version leaves the standards to the FAA and adds carve-outs for operational security.

The House Transportation and Armed Services committees co-wrote the House version. During floor debate on the Senate bill, House Armed Services Chairman Mike Rogers said: “Requiring our fighters, bombers, and highly classified assets to regularly broadcast their location puts our men and women in uniform at risk.” Last February the House voted 264–133 for the Senate version, which fell short of the two-thirds needed under the rules it was brought up under. Republicans split 77 in favor and 132 opposed.

Sen. Ted Cruz said in a statement that the report shows Army aircraft should be equipped with both technologies in congested airspace, and that “had this been in place, 67 lives would have been saved.” That is his reading of the report, offered in the middle of a negotiation. The House Armed Services Republicans’ office said the Army’s findings were “in line” with their bill. Lawmakers have until the lame-duck session; if no bill passes by then, they start over from scratch next year.

What the frame leaves out

Coverage frames this as the Army finally telling the truth, and as a push for Congress to act. It leaves out the interval. A report finished in May was not public until October 8, after months of pressure from the victims’ families, with some information redacted and responsibility assigned broadly across the Army. The reporting does not say who decided the timing, and the dispatch does not guess.

The exemption was granted to the party the rule would have constrained. It began as an interagency agreement, and Congress later wrote it into a defense bill. Nothing in the sources says anyone intended this outcome. They say the exemption existed, the crew was authorized to fly without the signal, and 67 people died.

The sequence

The agreement exempted certain military aircraft from broadcasting where they were. Congress wrote the exemption into law. A helicopter crew flew without the signal on. A report that said so was finished in May, and the public saw it in October. The bill that would end the exemption is still in negotiation, with the committees that co-wrote the House version at the table.

The one change that would remove the exemption needs the votes of the chairs who opposed it in February.


The Water We Spent — Broken Frames (The Broken Gauge)

Origin case: TNG Essay 6 — The Evidence They Won’t Answer

Copyright 2026 — Steve Sagnotti

Sources: Kelly Livingston, Roll Call, “Army findings inject urgency into air safety bill talks,” October 9, 2026; Associated Press via WFTV and ABC News affiliates, “Army finds systemic failures behind DC midair collision and calls for safety fixes,” October 8–9, 2026.

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *