Key Takeaways
- •The committee unanimously approved H.R. 7613, the ALERT Act, to mandate location-transmitting technology on military aircraft following a fatal 2025 mid-air collision over the Potomac River.
- •Rep. Mike Rogers (R, AL-3) stated the bill implements 13 NTSB recommendations to improve aviation safety while protecting classified missions from adversary surveillance through specific mission exclusions.
- •Rep. Adam Smith (D, WA-9) pressed for better DOD and FAA coordination, citing a "deeply troubling" lack of communication that previously led to unnecessary civilian airport shutdowns.
- •Republicans and Democrats reached a bipartisan consensus on the bill's safety mandates, though Rep. Jill Tokuda (D, HI-2) cautioned against overly broad national security flight exceptions.
- •The legislation now heads to the House floor to address systemic failures in shared airspace management and ensure military flight operations do not endanger civilian aviation.
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Hearing Analysis
Overview
This hearing focused on the markup of H.R. 7613, the Airspace Location Enhanced Risk Transparency (ALERT) Act of 2026. The legislation was introduced as a direct response to a catastrophic mid-air collision on January 29, 2025, involving a U.S. Army helicopter and a commercial passenger jet (American Flight 5342) over the Potomac River near Reagan National Airport (DCA), which resulted in 67 fatalities. The hearing addressed systemic failures in coordination between military and civilian aviation authorities and sought to implement safety recommendations to prevent future tragedies in congested national airspace.
Key Testimony & Policy
The primary objective of H.R. 7613 is to codify and expand upon 13 recommendations made by the National Transportation Safety Board (NTSB) following its investigation into the 2025 collision. Chairman Mike Rogers (R, AL-3) emphasized that while the NTSB recommendations were specifically directed at the Army, the ALERT Act applies these safety improvements across all military services. A central pillar of the bill is the mandate for Automatic Dependent Surveillance-Broadcast (ADS-B) technology. Specifically, the bill requires "ADS-B Out" capabilities—which broadcast an aircraft's position and altitude—for all Department of Defense (DOD) manned rotary-wing aircraft operating in national airspace. It also mandates "ADS-B In" for all mobility and rotary aircraft to enhance pilot situational awareness.
Ranking Member Adam Smith (D, WA-9) highlighted that the bill narrows the "special mission" aircraft definition. This change is intended to close a loophole that previously allowed routine flights carrying senior government officials or military officers to operate without transmitting ADS-B data. The legislation also seeks to resolve long-standing coordination issues between the Federal Aviation Administration (FAA) and the DOD. Beyond hardware requirements, the bill mandates regular inspections of ADS-B systems, strengthens safety management systems (SMS), and improves information-sharing protocols between civilian and military air traffic controllers.
Several amendments were adopted via an en bloc package to increase transparency and oversight. Rep. Eugene Vindman (D, VA-7) introduced provisions requiring the DOD to report annually on training flights in the National Capital Region (NCR) and to evaluate the adoption of live, virtual, and constructive (LVC) training simulations to reduce the volume of physical flights in congested areas. Rep. Eric Sorensen (D, IL-17) added a requirement for the Army to share its internal investigation and implementation timelines with Congress, overseen by the Army Inspector General. Additionally, Rep. Jill Tokuda (D, HI-2) secured a reporting requirement for instances where the DOD utilizes exceptions to turn off ADS-B, ensuring national security justifications are not used to bypass safety protocols unnecessarily.
Notable Exchanges & Partisan Dynamics
The hearing was marked by a high degree of bipartisan cooperation, reflecting the gravity of the 2025 accident. Both Chairman Rogers and Ranking Member Smith expressed deep condolences to the families of the victims, some of whom were present in the gallery. Rep. Smith was particularly vocal about the "unacceptable" lack of cooperation between the FAA and the DOD, citing a separate incident in El Paso where a lack of coordination led to a temporary airport shutdown. He argued that while military missions are urgent, they must prioritize deconfliction when operating in civilian airspace.
Rep. William Keating (D, MA-9) provided a sobering statistical context, noting that between 2021 and 2024, there were over 15,000 "near miss" events at Reagan National Airport. He argued that the system had been sending "repeated warnings" for years that went unheeded. Rep. Keating and Rep. Vindman both advocated for increased use of simulation technology, drawing parallels to high-stakes missions like the raid on Osama bin Laden’s compound, where replicas and simulations were used to mitigate real-world risks. Rep. Sarah Elfreth (D, MD-3) emphasized that aviation safety "cannot be left up to luck," noting that 59 near-collisions occurred nationally in the nine months following the DCA crash.
Organizations Mentioned
* **United States Department of Defense (DOD):** The primary entity regulated by the bill; the DOD is tasked with upgrading aircraft hardware, improving coordination with the FAA, and reporting on "near miss" incidents and ADS-B exceptions. * **National Transportation Safety Board (NTSB):** Praised for its investigation into the 2025 Potomac collision; the ALERT Act implements and exceeds the 13 recommendations provided in the NTSB’s final report. * **Federal Aviation Administration (FAA):** Criticized for coordination failures with the military; the bill mandates improved data sharing and deconfliction protocols between the FAA and the DOD. * **United States Army (Army):** Specifically investigated following the 2025 crash; the bill requires the Army to share its internal command investigation and implementation timeline with Congress. * **Prince William County Fire and Rescue:** Recognized by Rep. Vindman for their role as first responders during the rescue and recovery operations following the January 2025 crash. * **Army Inspector General:** Tasked under a Sorensen amendment to ensure the Army is properly implementing safety recommendations and reporting progress to Congress. * **United States Customs and Border Protection (CBP):** Mentioned by Rep. Smith regarding a coordination failure in El Paso that resulted in an unnecessary airport shutdown.
What's Next
The committee voted 53-0 to report H.R. 7613 favorably to the House. Chairman Rogers received unanimous consent to make necessary technical changes and to move for a conference with the Senate if a similar measure is considered there. The bill now moves to the House floor for further consideration. Members have two calendar days to file supplemental or dissenting views, though the unanimous vote suggests a smooth path forward.
Transcript
...tion of other committees, we request that member, before he or she offers the amendment, have a letter from the respective committee chair indicating their waiver. Today the committee will mark up H.R. 7613, the Airspace Location Enhanced Risk Transparency Act of 2026, otherwise known as the ALERT Act. Today we are meeting to mark up the portion of the ALERT Act that's under HASC's jurisdiction. It is uncommon for HASC to mark up legislation outside of the NDAA. But this is critically needed legislation to improve aviation safety and it cannot wait. Last year's mid-air collision between Army helicopter and a passenger jet on approach to Reagan National should not have happened. The NTSB completed their investigation last month and their report included 13 recommendations to the Army and the Pentagon to ensure another tragedy like this never happens again. Title II of the ALERT Act carries out all 13 of those recommendations. In fact, the NTSB states that the bill before us not only meets their recommendation but in most cases exceeds them. For instance, the NTSB made several recommendations to the Army to improve its training and safety management system. The ALERT Act requires all the military services to make their safety improvements, not just the Army. The ALERT Act also addresses concerns raised by the Department of War with the bill that passed the Senate. The bill before us ensures our bombers, fighters, and other classified aircraft can continue to execute their critical national security missions without revealing their location to our adversaries. Improving aviation safety and protecting our national security are not mutually exclusive. By taking our time and following regular order, we have produced a bill that does both. I thank the NTSB and the Pentagon for working with us throughout this process. I also want to thank Chairman Graves and Ranking Members Larsen and Smith, as well as the staff on both committees for their hard work. Finally, I want to express my deepest condolences to the families, friends, and loved ones of those lost in this terrible accident. I also want to thank the PAT 25 and the Flight 5342 families for their tireless efforts to ensure a tragedy like this never occurs again. Chair now recognizes my friend the ranking member for any opening statement he may have.
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