ALERT Act

(a) Final rule. Not later than 2 years after the date of enactment of this Act, the Administrator shall issue a final rule with an effective date not later than December 31, 2031, to require covered aircraft to be equipped and operating with collision prevention technology.

(b) Consultation. In developing the final rule under subsection (a), the Administrator shall consult with the following:

(1) Air carriers operating under part 135 of title 14, Code of Federal Regulations.

(2) Air carriers operating under part 121 of title 14, Code of Federal Regulations.

(3) Air carriers operating under part 91 of title 14, Code of Federal Regulations.

(4) Organizations representing helicopter aviation operators and pilots.

(5) Organizations representing the general aviation community.

(6) Organizations representing business aviation operators.

(7) Organizations representing experimental aircraft operators.

(8) Transport category aircraft manufacturers.

(9) General aviation aircraft manufactures.

(10) Rotorcraft manufacturers.

(11) Avionics manufacturers.

(12) Powered-lifted aircraft manufacturers.

(13) Supplemental type certificate holders.

(14) Aircraft modification service providers.

(15) Exclusive bargaining representatives of air traffic controllers certified under section 7111 of title 5, United States Code.

(16) Certified bargaining representative of aviation safety inspectors and engineers for the FAA.

(17) Not fewer than 3 organizations representing certified collective bargaining representatives of airline pilots operating under part 121 of title 14, Code of Federal Regulations.

(18) Aviation safety experts with specific knowledge of human factors or human factors experts with specific knowledge of aviation safety.

(19) The National Transportation Safety Board.

(20) Any other representative the Administrator determines appropriate.

(c) Considerations. In developing the final rule under subsection (a), the Administrator shall consider—

(1) the safety benefits of collision prevention technologies;

(2) relevant regulations, guidance, and policies for traffic awareness and traffic advisory technology that uses ADS–B In;

(3) ways in which ADS–B In software applications can be used as of the date of enactment of this Act;

(4) software in existence on the date of enactment of this Act, and reasonably projected thereafter, that can predict aircraft movements, display surrounding traffic, and provide visual and audible traffic advisories;

(5) the margin of error and accuracy of software described in paragraph (4);

(6) the safety benefits of software described in paragraph (4) in preventing conflicts with both aircraft and ground vehicles on airport surfaces;

(7) the safety benefits of software described in paragraph (4) in informing pilots or flight crews of operational risks, including encounters with forecasted severe weather using flight information services broadcast (FIS–B);

(8) the effort of the Administrator to modernize the air traffic control system, including timelines, technologies being incorporated, changes to operational rules, and training requirements;

(9) the role of air traffic controllers in ensuring aircraft separation, including the need for additional training to air traffic controllers given the requirements of this section;

(10) the necessity of certification for implementing collision prevention technology based on type of aircraft and operation;

(11) the capacity of the aerospace supply chain to manufacture necessary equipment;

(12) the use of existing air traffic control deviation authorization tools to implement the requirement in subsection (g)(2);

(13) the requirements for the final rule as specified in subsection (d);

(14) if available at the time of consideration, the results of the studies on ADS–B Out equipage and development of low-cost voluntary ADS–B as required by sections 808 and 810 of FAA Reauthorization Act of 2024 (Public Law 118–63); and

(15) any other considerations the Administrator determines appropriate.

(d) Requirements for final rule. In issuing the final rule required under subsection (a), the Administrator shall—

(1) establish performance requirements for equipping collision prevention technology that, as determined by the Administrator, are appropriate for the covered aircraft and the operations, including the operating environment;

(2) in establishing the performance requirements described in paragraph (1)—

(A) require such technology be configured to provide visual and audible alerting to the pilot and flight crew;

(B) consider the field of view of the pilots, human factors, and, if applicable, mounting method of such technology, to ensure that such technology can be readily utilized and has minimal risk of unexpected detachment;

(C) consider the reliability and resiliency of alerts in environments where inputs or signals, including GPS, can be jammed or spoofed; and

(D) consider the utilization of existing antenna locations or the placement of new antenna used to receive and, if applicable, transmit, data used in collision prevention technology;

(3) identify existing or issue additional relevant guidance or technical standard orders to carry out the requirements of this section; and

(4) establish an effective date not later than December 31, 2031, for equipping the covered aircraft with technology described in subsection (a) that reflects various aircraft types, appropriate maintenance cycles, and required updates to appropriate guidance for such technology after certification of such technologies.

(e) Equivalent level of safety. In issuing the final rule required under this section, the Administrator shall allow for the use of any collision prevention technology (including technology that uses portable ADS–B In receivers or other equipment that displays on an existing or future portable device, electronic flight bag, or panel mounted display) available for use at the time of the effective date established in subsection (d)(4), if the Administrator determines it provides an equivalent level of safety as the requirements of the final rule issued pursuant to subsection (a).

(f) Technical assistance. The Administrator shall provide technical assistance to facilitating equipage across the entire fleet of affected aircraft to provide support for affected aircraft operators in complying with the requirements of this section.

(g) Covered aircraft defined. In this section, the term covered aircraft—

(1) means any non-military aircraft, except a selected aircraft as defined in section 102, that is required to be equipped with ADS–B Out under section 91.225 of title 14, Code of Federal Regulations; and

(2) excludes aircraft that have a limited category special airworthiness certificate or an experimental airworthiness certificate, provided the pilot of such aircraft is authorized to deviate from the requirements of this section by air traffic control in the same manner ADS–B Out deviations are approved under section 91.225(g) of title 14, Code of Federal Regulations.