Analyst Brief April 08, 2026

H.R. 7613 — ALERT Act, as amended

Executive Summary

The ALERT Act of 2026 is a comprehensive aviation safety package introduced in direct response to the tragic January 2025 midair collision near Ronald Reagan Washington National Airport (DCA) that claimed 67 lives. The bill mandates the implementation of all 50 NTSB safety recommendations stemming from the crash, including requiring advanced Airborne Collision Avoidance Systems (ACAS Xa/Xr) for commercial aircraft and rotorcraft, establishing strict time-on-position limits for air traffic controllers, and permanently closing Helicopter Route 4. Furthermore, it forces the Department of Defense to adopt civilian airspace safety protocols, requiring military rotary-wing aircraft in the National Capital Region to transmit ADS-B Out data unless executing specific, mitigated special missions.

Arguments For

  • Argument 1: Directly addresses the systemic failures that led to a mass-casualty event, providing members with a strong, bipartisan 'problem-solving' legislative win that honors the victims.
  • Argument 2: Improves air traffic controller working conditions by mandating time-on-position limits and enhanced training, addressing chronic fatigue and workload issues that degrade airspace safety.
  • Argument 3: Closes a critical national security and safety loophole by forcing DoD aircraft to broadcast their positions in highly congested civilian airspace like the National Capital Region, preventing future military-civilian collisions.

Likely Supporters

National Transportation Safety Board (NTSB)Air Line Pilots Association (ALPA)National Air Traffic Controllers Association (NATCA)Families of the Flight 5342 victims

Arguments Against

  • Argument 1: Imposes significant financial and operational burdens on the aviation industry and DoD to retrofit fleets with new ACAS Xa/Xr and ADS-B technologies by the 2031 deadline.
  • Argument 2: Potential reduction in DCA arrival rates could face pushback from airlines and frequent flyers concerned about reduced flight availability, increased ticket prices, and disruptions to airline scheduling practices.
  • Argument 3: DoD may resist the stringent civilian oversight and ADS-B Out requirements, citing operational security concerns and the administrative burden of justifying 'special missions' in the NCR.

Likely Opponents

Department of Defense (DoD) (internal pushback on Title II)Airlines for America (A4A) (if DCA arrival rates are cut)Helicopter Association International (HAI)

📋 Key Provisions

  • Mandates FAA rulemaking to require integrated Airborne Collision Avoidance System Xa (ACAS Xa) and ACAS Xr for selected aircraft and rotorcraft by December 31, 2031.
  • Permanently closes Helicopter Route 4 between Hains Point and the Woodrow Wilson Memorial Bridge in Washington, D.C.
  • Establishes time-on-position limits for air traffic control operations supervisory personnel and mandates new threat, error management, and visual separation training.
  • Requires a Memorandum of Agreement between the DoD and DoT to ensure military aircraft are equipped with collision prevention technologies and mandates ADS-B Out usage for DoD rotary-wing aircraft in the National Capital Region.
  • Initiates an assessment of the aircraft arrival rate at DCA to ensure the airport does not exceed safe capacity, potentially leading to updated instrument flight rules allocations.
  • Prohibits the use of Automatic Dependent Surveillance-Broadcast (ADS-B) data by governmental agencies or entities to identify aircraft for the purpose of obtaining revenue without the owner's consent.
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Claim Analysis Page 101, Line 11

Permanently closes Helicopter Route 4.

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"shall be prohibited."

Claim Analysis Page 28, Line 14

Sets a deadline of December 31, 2031, for equipping selected rotorcraft with collision prevention technology.

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"not to exceed December 31, 2031."

Claim Analysis Page 108, Line 5

Requires DoD manned rotary wing aircraft in the National Capital Region to transmit ADS-B Out.

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"actively transmitting an ADS–"

Claim Analysis Page 36, Line 11

Prohibits using ADS-B data to collect revenue from aircraft owners without consent.

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"obtaining revenue from the owner"