ALERT Act

New Section 3 adds formal congressional findings documenting the January 29, 2025 midair collision (67 fatalities), NTSB probable cause determinations, and a sense of Congress expressing support for all 50 NTSB safety recommendations and committing to oversight.

Section 103 (ACAS Xr for rotorcraft) now explicitly includes powered-lift aircraft throughout, adding them as a new category of covered aircraft. The definition of 'selected rotorcraft' changed from 'civil rotorcraft' to 'non-military rotorcraft.' A January 31, 2027 backstop date was added for committee establishment.

New Section 127 requires closure of Helicopter Route 4, responding directly to the NTSB's urgent safety recommendation issued March 7, 2025.

Section 102's definition of 'selected aircraft' was expanded to include aircraft required to have TCAS under section 91.1045 of title 14, in addition to the existing references to sections 121.356 and 135.180.

New Section 105 prohibits any person or government entity from using ADS-B data to identify aircraft for revenue purposes without owner/operator consent, and amends existing law to extend this prohibition beyond the FAA to all federal, state, local, territorial, and tribal officials.

Section 104 (Collision prevention systems) was completely rewritten: changed from a negotiated rulemaking process with a committee to a direct final rule requirement with a 2-year deadline and effective date no later than December 31, 2031. The 'covered aircraft' definition was broadened from turbine-powered civil aircraft plus certain others to any non-military aircraft required to have ADS-B Out under section 91.225.

Section 102 (ACAS Xa) now requires the system to be 'integrated and use both ADS-B In and transponder interrogations' and provide 'visual and audible alerting.' The rulemaking deadline was tightened to 18 months after the committee report or 32 months after enactment, whichever is earlier. Deadlines for new and existing aircraft are capped at December 31, 2031, with a separate upgrade deadline of December 31, 2033.

New Section 108 (Controller threat and error management training) and Section 109 (Controller visual separation training) were added as separate requirements, replacing the previous single 'Controller training working group' section.

Four new Department of Defense sections were added: Section 204 (report on communications degradation), Section 205 (annual report on proficiency flights in the National Capitol Region), Section 206 (briefing on virtual constructive training), and Section 207 (transparency regarding the January 29, 2025 midair collision).

New Section 106 requires the Secretary of Transportation to establish a public dashboard on the DOT website tracking the status of rulemakings required under sections 102, 103, and 104, including dates of publication and links to minimum operating performance standards.

Two new definitions were added: 'ADS-B In' (technology that receives and processes ADS-B transmissions from ground stations including TIS-B and ADS-R) and 'Collision prevention technology' (equipment with ADS-B In that provides situational awareness, traffic advisories, and audible alerting).

Section 101 changed from evaluating 'feasibility' of decreasing ACAS Xa inhibit altitudes to evaluating 'hazards and safety benefits.' The NTSB was added to the consultation list, and a new consideration was added referencing NTSB research and simulations (Aviation Investigation Report AIR-26-02).

Technical assistance provisions were added to sections 102, 103, and 104, requiring the Administrator to provide technical assistance to facilitate equipage across the entire fleet of affected aircraft, including guidance under part 26 of title 14.