ALERT Act

(a) In general. Not later than 45 days after the date of enactment of this Act, the Administrator shall establish an aviation rulemaking committee (in this section referred to as the Committee) to review and develop findings and recommendations to require aircraft that are selected aircraft to be equipped and operating with ACAS - Xa that is— (1) integrated and uses both ADS–B In and transponder interrogations, as required under the RTCA minimum operational performance standards for the Airborne Collision Avoidance System (DO–385A, issued June 22, 2023); and (2) is configured to provide visual and audible alerting to the pilot and flight crew .

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(3) air carriers operating under subpart K of part 91 of title 14, Code of Federal Regulations;

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(6) air ambulance operators; (7) transport category aircraft manufacturers; ( 7 8 ) general aviation aircraft manufactures; ( 8 9 ) avionics manufacturers; ( 9 10 ) supplemental type certificate holders; ( 10 11 ) modification service providers; ( 11 12 ) exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code; ( 12 13 ) the certified bargaining representative of aviation safety inspectors and engineers for the Federal Aviation Administration; ( 13 14 ) organizations representing certified collective bargaining representatives of airline pilots; ( 14 15 ) aviation safety experts with specific knowledge of human factors or human factors experts with specific knowledge of aviation safety; (16) research institutions with relevant aviation safety or human factors subject matter expertise; (17) a representative from the National Transportation Safety Board with subject matter expertise as an observer; and ( 15 18 ) any other stakeholders the Administrator determines appropriate. (c) Considerations. In developing the findings and recommendations under subsection (a ) ), the Committee shall consider— (1) the anticipated modifications to the minimum operational performance standards of ACAS-Xa that are required by subsection (e)(1)(B); (2) the results of the evaluation under section 101; (3) the anticipated certification deadline timeline for ACAS - Xa equipment given the technical complexity and requisite procedures for approval; ( 4 2 ) the soonest practicable deadline for equipping newly manufactured selected aircraft; (5) the soonest practicable deadline to retrofit existing selected aircraft with ACAS-Xa that considers— (A) the feasibility of using the Line Replaceable Units of existing collision avoidance systems in such aircraft; ( B 3 ) the feasibility of using existing antennas of existing collisions avoidance systems in such aircraft; and ( C 4 ) the commercial availability of all necessary components associated with integrated ACAS - Xa; ( 6 5 ) actions the Administrator can take to prioritize the certification and installation of integrated ACAS - Xa; ( 7 6 ) related changes that may be required for the operating rules and training necessary for air traffic controllers, pilots, and others; (7) harmonization of global standards associated with collision avoidance systems; and (8) any other considerations the Committee or the Administrator determines appropriate.

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(e) Rulemaking and modification of minimal operating performance standards . (1) In general. Not later than 18 months after the submission of the report under subsection (d ) or 32 months after the date of enactment of this Act (whichever is earlier ), the Administrator shall — (A) issue a notice of proposed rulemaking to require prohibit persons from operating selected aircraft to unless be such aircraft are equipped and operating with ACAS - Xa ; and that— ( B A ) modify is the integrated minimum and operational uses performance both standards ADS–B for In ACAS-Xa and transponder interrogations , to as include— required (i) under traffic the advisory RTCA aural minimum alerts operational to performance include standards clock for position, the relative Airborne altitude Collision Avoidance System (DO–385A , range issued and June vertical 22, tendency; 2023); and ( ii B ) the provides integration visual of and directional audible traffic alerting symbols to the pilot and flight crew . (2) Contents. The notice of proposed rulemaking described in paragraph (1 )(A ) shall include, at a minimum— (A) appropriate guidance for certification of ACAS - Xa; (B) defined a standards deadline, for not the to modification exceed described December in 31, paragraph 2031, (1)(B); (C) a deadline for any newly manufactured selected aircraft to be equipped with ACAS - Xa , based that on reflects the various findings aircraft and types, recommendations appropriate developed maintenance pursuant cycles, and required updates to subsection appropriate (b)(1); guidance and after certification of ACAS Xa; ( D C ) a deadline , not to exceed December 31, 2031, for existing selected aircraft to be retrofit with ACAS - Xa that reflects various aircraft types , based appropriate on maintenance cycles, and required updates to appropriate guidance after certification of ACAS Xa; (D) if the findings new and minimal recommendations operating developed performance pursuant standards to promulgated under subsection ( b)(1). f) require an upgrade of software, an upgrade of hardware, or additional training, a deadline for selected aircraft to be upgraded, not to exceed December 31, 2033; and (E) a process by which the Administrator may extend the deadlines specified in subparagraphs (B) and (C), not to exceed a period of 2 years, provided that the Administrator provides a report to the appropriate committees of Congress within 14 days of taking such action, with the reasons justifying such action and an assurance that safety will not be compromised by the delay.

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(f) Modification of minimal operating performance standards. Not later than 30 days after the issuance of a final rule under subsection (e), the Administrator shall work with the appropriate standards-setting organization to update the minimal operation standards for ACAS Xa to— (1) if the evaluation conducted pursuant to section 101 determines that inhibit altitudes can be safely decreased, safely decrease the inhibit altitude in accordance with the results of such evaluation; (2) update traffic advisory aural alert standards to include clock position, relative altitude, range, and vertical tendency; and (3) integrate directional traffic symbols into visual displays. (g) Technical assistance. The Administrator shall provide technical assistance for facilitating equipage across the entire fleet of affected aircraft, including, as appropriate, guidance under part 26 of title 14, Code of Federal Regulations, to provide support for affected aircraft operators in complying with the requirements of this section. (h) Selected aircraft defined. In this section, the term selected aircraft means aircraft that are required to be equipped with traffic alert and collision avoidance systems as required in part sections 121.356 , 135.180, and 91.1045 of title 14, Code of Federal Regulations , and part 135 . 180 of such title.