House Approves Aviation Safety Legislation Following Fatal Midair Incident
On Tuesday, the House voted overwhelmingly to pass a new aviation safety bill, a response to the tragic January 2025 midair collision that resulted in the deaths of all 67 individuals aboard an American Airlines jet and an Army Black Hawk near Ronald Reagan Washington National Airport.
The ALERT Act, which garnered a 396 to 10 vote, aims to enhance safety measures for aircraft operating in proximity to busy airports. This legislation comes after a previous Senate bill received unanimous support but was rejected by the House, leaving families of the victims frustrated.
Key provisions of the ALERT Act mandate that all aircraft, including military planes, must be equipped with advanced safety instruments capable of receiving data on nearby aircraft locations. While many planes currently utilize ADS-B Out technology to broadcast their positions, they often lack the collision-avoidance capabilities provided by ADS-B In.
According to the National Transportation Safety Board (NTSB) and relatives of the victims, had American Airlines Flight 5342 been outfitted with ADS-B In technology, the catastrophic accident could have been averted. The bipartisan legislation also stipulates that military aircraft must adopt collision-prevention technologies by 2031, with certain exceptions for specific types of aircraft.
House GOP leaders expedited the bill's passage, requiring a two-thirds majority for approval. In contrast, the Senate's ROTOR Act failed by a single vote in February after the Pentagon withdrew its support, citing potential budgetary and operational security concerns.
Initially, the Pentagon had backed the ROTOR Act following its Senate approval in December. However, just prior to the House's consideration of the bill, the department expressed that its implementation could lead to significant unresolved issues affecting national defense.
The ALERT Act also addresses helicopter route safety and separation requirements, identified by the NTSB as contributing factors to the 2025 collision. Additionally, it seeks to enhance air traffic control training and operational processes.
Despite these measures, the NTSB indicated in February that the ALERT Act does not fully address its 50 recommendations stemming from the crash. Amendments were made to ensure that the Department of Transportation, Department of Defense, and FAA would take necessary actions to meet these recommendations.
However, families of the victims expressed concerns that the ALERT Act falls short in effectively addressing the root causes of the tragedy. They stated, "The collision prevention technologies ALERT relies upon are not market ready and could take years to become widely available. Without installation-ready technology, broad waiver requests from industry will follow."
In March, Senators Ted Cruz and Maria Cantwell released a bipartisan statement criticizing the ALERT Act for lacking clear requirements for implementing ADS-B technology, which they believe is essential for preventing future midair collisions.
Cruz reiterated his stance on Tuesday, asserting that the ROTOR Act remains a superior option and emphasizing the need for Congress to tackle this "significant issue." He stated, "Congress should not advance a bill that neither improves aviation safety nor closes the loopholes that have allowed operators, including the military, to fly blind in congested airspace."
