H.R. 7613 - ALERT Act
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House Armed Services U.S. House of Representatives
Follow its sittingsSpeaker 2
I look forward to the outcome of their markup as well. Today is a meaningful step towards addressing the systemic issues that caused the devastating crash last year. This committee has an important oversight role going forward, and I'm committed to seeing it through. We recognize this bill is not a complete solution to the problem. This is an ongoing thing where we need to exercise our oversight, responsibility for the DOD to make sure that all of these steps are followed through.
I thank the chairman. And with that, I yield back.
Speaker 1
I now call up HR 76 13. I understand that a copy of the bill has been made available and distributed to member offices on Tuesday, March 24. Without objection, the first reading of the bill is dispensed with. Without objection, the bill shall be considered in, as read, and open to amendment at any point. I have an amendment in the nature of a substitute.
I understand that a copy has been made available and distributed to member offices on Tuesday, March 24. Without objection, the amendment in the nature of a substitute shall be considered as read. For purposes of amendment, shall be considered as original text for purposes of amendment, and shall be open to amendment at any point. Is there any discussion on the amendment in the nature of a substitute or the underlying bill?
Speaker 3
Thank you, Mr. Chairman. We're here today because of a tragedy. A tragedy, as we know, that was sadly no surprise, and one that could have and should have been averted. The data was there. The warning signs were there.
The pattern was there. Since 1987, pilots have reported at least 30 near mid-air collisions at Reagan National Airport, many of them involving military aircraft and helicopters. And in just a few years, the numbers are even more striking. Between 2021 and 2024, the National Transportation Safety Board identified more than 15,000 near miss events at DCA, situations where aircraft came dangerously close to one another. Within that, there were dozens of cases where aircraft were separated by just a fraction of what safety standards require.
And this was not a one-time failure. This is a system sending repeated warnings. And the question before us is simple: why did these warnings not lead to action? You know, in our country right now, for military practices, we do not need actual real airspace or real terrain spaces for exercises. For the mission that brought Osama bin Laden to justice, US forces built a full scale replica of the compound, rehearsed operations over and over again, adjusting tactics, identifying risks, refining every detail of the execution.
And more recently, the US government extracted Nicolas Maduro and his wife from the Presidential Palace, again, building replicas, target sites, simulating those missions. The mission succeeded in part because the risks were discovered before the operation, not during it, and that's the point. The goal of simulation is not to get better at reacting to danger, but to ensure that you never encounter that danger in the first place in the real world. In fact, when simulation is done well, the need for high-risk real-world training runs should be minimized, not relied on. That's exactly the lesson we should take from what happened at DCA.
We had the data. We had the near misses, thousands of them, and I believe this legislation will go a long way to changing that. It ensures that near misses are not treated as isolated incidents, but as early warning signals. It requires the FAA to connect the dots across safety data and identify patterns before they escalate, and it creates accountability so that when risks are identified, they are acted on quickly and decisively. It allows us to identify problems in the data rather than in disaster, to correct the course before rather than after lives are lost.
The rotor act is also critically important. It addresses a specific and serious hazard in helicopter operations in congested airspace, and it must be brought to the floor again for action where, given the chance, will undoubtedly pass. Data makes it clear, this is not just one issue, this is a pattern that was left unaddressed. I hope that when we see thousands of near misses, the goal of that should not be to get better analyzing the facts after 67 people have lost their lives, but preventing it from happening in the first place. I thank you, and I yield back.
Speaker 1
Gentlemen, yields back. Is there further discussion? Gentlemen, Mr. Conway is recognized.
Speaker 4
Thank you, Mister Chairman, and Ranking Member Smith. Among the many provisions of this bill, I am pleased to see updated requirements for collision prevention technology, specifically automatic dependent surveillance broadcast or ADS-B out, which broadcasts an individual's position, altitude, and other critical information as the default practice for all DOD rotary aircraft operating within the national airspace system. This bill also highlights exceptions vital to protect the missions and the lives of the many who carry out sensitive national security missions. While these changes increase the safety of the airspace and make the necessary safety requirements for military aircraft in a way that balances our national security concerns, I want to ensure the proper oversight of the department and the president. That is why I'm offering an amendment.
Now I'm doing this too early, am I, to offer an amendment?
Speaker 1
We haven't gotten to the amendments yet. This is on the underlying bill. We're gonna do en bloc amendments in just a second, and then we'll recognize everybody who has an amendment in the en bloc package.
Speaker 4
As everyone knows, on January 29, there was a devastating crash over the DCA airspace, which included a person in my district. I wanna respect the privacy of the individual and their keeping their name private, but I believe it is critical that we as a Congress and certainly as members of this committee take action to prevent further loss of life. This legislation closes gaps that were identified by the National Transportation Safety Board after the conclusion of its investigation and implements recommendations through increased training for flight crews, flight data monitoring, and requirements for all military services to implement or update current safety management systems. Among its many provisions, I'm pleased to see updated requirements for collision prevention technology, specifically the automatic dependent surveillance broadcast or ADS-B out, which broadcasts an aircraft's position, altitude, and other critical information as the default practice for all DOD rotary wing aircraft operating within the National Airspace System. This bill also highlights exceptions to protect the missions and the lives of those carrying out sensitive national security missions.
While these changes increase the safety of aerospace, and make necessary safety requirements for military aircraft in a way that balances our national security concerns, I want to ensure proper oversight of the department and the president. That is why I'm offering an amendment, which requires the president to submit an annual report to the House and Senate Armed Services Committees identifying the people designated by the president as any other individual under the special mission exclusion in this bill. This amendment requires transparency from the president to ensure that the Congress is aware of how this exception is being utilized. This reporting requirement extends this transparency to any president, not just the current one. We owe to the families of those lost in this accident to ensure that we're conducting continuous oversight and implementing critical safety requirements that prevent another tragedy like this from occurring.
Thank you, and I reserved my time.
Speaker 1
Together, members wish to speak on the underlying bill, not the amendment package. Seeing none, we will now consider en bloc package number one. I ask unanimous consent to call up en bloc package number one, consisting of amendments that have been worked and approved with the minority. Without objection, so ordered. Will the clerk please distribute the en bloc amendment?
Without objection, the amendments are considered as read. En bloc package number one is comprised of the following. Log 5694 by representative Rogers. Log 5 6 8 9 r one by representative Elfreth. Log 5690 by representative Vindman.
Log 65, log 5692 r two by representative Vindman, log 5688 r one by representative Takuda, log 5691 by representative Takuda, log 5693 r one by representative Conway, log 5695 r one by representative Sorenson. Is there further discussion on?
Speaker 5
The en bloc package? Mister Vindman? Thank you, chairman. Few events in recent memory have shaken the national capital region like the collision over the Potomac last January. And I know I speak for everyone on this committee when I say we were profoundly disturbed and saddened by what happened that night.
In fact, first responders from Prince William County were on the scene within hours, first for a rescue operation, then a recovery in the icy water that January. So today's markup is a step toward making sure a crash like that never happens again. I've been heartened by this committee's willingness to engage with its partners in good faith and produce a measure which includes meaningful safeguards to prevent future tragedies. In that vein, I am offering two amendments that I worked on with my friend, representative Don Bayer, and I'm pleased that they were both included en bloc. One amendment adds a reporting provision requiring DoD to update Congress annually for three years on the number of training flights in the national capital region.
This data will be critical for informing additional guardrails and to make sure that the reforms of the Alert Act are working. My second amendment requires DoD to report on the adoption of live, virtual, constructive training. Modern simulation technology can satisfy many proficiency training objectives without putting aircraft into an already congested airspace. To the degree that it makes sense, this technology could offer a path to reducing activity in the region. I thank everyone involved in crafting this bill.
I thank Representative Bayer for his leadership in improving safety around DCA alongside my office, and I strongly urge my colleagues to vote in favor of the en bloc and for the final package. Thank you, and I yield back.
Speaker 6
Thank you, Mr. Chairman. I would like to first begin to send my condolences to the loved ones of those that were lost aboard American 5342 and the Blackhawk. We must not let up until we know we've done everything to prevent this tragedy from happening again. Thank you, Chairman Rogers, to Ranking Member Smith, and their teams for leading this effort to address the crash and strengthen aviation safety. I became a professional meteorologist partly because of the lessons that I learned as a kid, as the weather was causing aviation disasters.
And as the skies have become safer, we must continue to work to make sure that we understand what happened in every situation to ensure safety and lower every identifiable risk. The army has conducted a command investigation into the crash and has made recommendations. This is a very important step. My amendment would require the army to share their investigation with us in Congress, and their timeline for implementing those recommendations to be fair. This amendment would also have the army inspector general ensure that the army is implementing the recommendations and report back to Congress.
That way, we can determine if there's anything more the army should be doing. Congress is given a constitutionally mandated role of oversight, which is why I believe that we all must ensure that all of the necessary changes are being made to protect any American who takes flight. I urge all of my colleagues to join me in supporting amendment 5695. Mister chairman, I yield back.
Speaker 1
Gentlemen yields back, chair, and I recognize the gentlelady from Maryland, Miss Elforth.
Speaker 7
Thank you, Mr. Chair. I also want to echo all of my colleagues. Just deep gratitude for the families of the 67 people lost last January. Sixty-seven lives that were lost in a completely preventable accident. And I'm grateful to everybody here today, the committee staff, coming together and trying to find solutions on behalf of not just those 67 families, but all Americans.
I also wanna recognize a number of those lost were Marylanders. I also wanna thank the readiness subcommittee for the closed-door briefing last week that we had. I think it was eye-opening for many of us to try to get answers to this very frustrating incident. And the results of what we're marking up today, I think, are a positive step in the right direction. Because even more than a year later, we are still learning new, really tragic pieces of that accident, including the fact that there were many near misses before and even a near miss almost immediately after this tragedy at Reagan with a Blackhawk.
In the nine months following that DCA crash, there have been at least 59 near mid-air collisions nationally between commercial airplanes and other piloted aircraft at takeoff or landing. The amendment included in today's en bloc, and I want to thank the chair and the ranking member for including it, is very simple. It requires the Department of Defense to define what a near miss accident is, provide a timely notice to Congress when there are near miss incidents of a DoD aircraft, and then submit an annual report on such incidents in the national capital region, where we know we have tremendously congested airspace. In this report, the DoD will be required to identify the cause of the near-miss incident. And importantly, and this is so important, the modifications of standard operating procedures or policies to mitigate future risks.
This is not just a check-the-box meeting between FAA and DOD. This is an honest gut check of what went wrong and how we can prevent it moving forward. This is a common-sense amendment that provides additional oversight and addresses these near-miss incidents. Because if we don't properly learn from these incidents, we know that we may not get so lucky next time. And when it comes to aviation safety, we simply cannot leave it up to luck.
Again, I wanna thank the families for their courage in continuing to advocate that this never happens to another family in this country, and thank the committee staff for including this common sense amendment in the en bloc, and I urge my colleagues to support the amendment. I yield back. Thank you, Mr. Chair.
Speaker 1
Gentle lady yields back. Chair now recognized as a gentle lady from Hawaii, Miss Takuda.
Speaker 8
Thank you, Mr. Chair. We lost 67 people on 01/29/2025. A collision between a passenger plane and a military helicopter. Two aircraft that should have seen each other coming. Families expecting a safe landing that they never got.
Everyone of them should have made it home that night. The National Transportation Safety Board found that a contributing factor in the collision was, quote, the limitations of traffic awareness and collision alerting systems on both aircraft, which precluded effective alerting of the impending collision to the flight crews, end quote. Plainly, that means the systems meant to prevent this tragedy didn't do their job. That is why it is so important that this legislation require aircraft to be equipped with and use technologies like automatic dependent surveillance broadcast, also known as ADS B. It's life or death.
Despite this essential step forward, it leaves the door open too wide, in my humble opinion. I am concerned about exceptions in the legislation that would allow the Department of Defense to turn off ADS-B, keeping it off, which broadcasts the location of a particular aircraft and, combined with other safety systems, enables automated collision avoidance alerts. The ANS we are marking up today is certainly an improvement from the introduced bill. The new text now restricts when the military can turn off ADS-B out. However, it still allows for many exceptions, including classified flights.
And while some of those may be necessary, out of respect for the families that lost loved ones in January, we need to scrutinize these exceptions. We cannot let national security become a cover for risking human lives. The truth is we don't know how many helicopters in that airspace would fly without this feature in this bill. Is it 50? Is it 500?
Is it 5,000 flights per year? The department is required to implement mitigating measures when ADS-B out is turned off, but we should seek to minimize the number of flights that aren't utilizing this important safety feature. My amendment would require the Department of Defense to report to Congress how many helicopter flights in congested airspaces, including within 30 miles of Washington National Airport, operated with ADS B out turned off, and which exception was used. Congress must provide strong oversight over the department, and this reporting will help us better understand if this authority is being abused and used at a volume that poses undue risk to travelers. I wanna be absolutely clear.
These exceptions to turning off ADS-B should be used very sparingly because every flight in congested airspace without location transmitting puts the public at risk, especially if risk mitigation measures fail. After the NTSB's report and the long litany of failures that resulted in this terrible and tragic loss of life, we must insist on verification and oversight so that Congress can hold the department accountable and take further action if necessary to reduce risk to the public. Thank you again, mister chair and ranking member, for holding this hearing, for having these en bloc amendments to the families. Our deepest and serious mahalo for your courage to be here, your advocacy in the face of such loss. I urge all my colleagues to support this measure, and I yield back.
Speaker 1
General, lady yields back. Is there any further discussion on the en bloc package? Seeing none, the question is on en bloc package number one. So many as are in favor will say aye. Aye.
Those opposed, no. The ayes have it. The amendment en bloc are agreed to. Are there any additional amendments to the amendment in the nature of a substitute? Tap three.
Tap three. If there are no further amendments to questioning on agreeing to the amendment, nature of substitute as amended. So many as are in favor will say, aye. Aye. Those opposed, no.
Pending, chair, the ayes have it. Nature the amendment nature of substitute is agreed to.
Speaker 1
Yeah. We have some members who are in the TNI committee that are still finishing up. So we are going to need to have a recorded vote on the final passage. So to wait on them to complete their duties and get over here, we will recess until 11:00, at which time we will reconvene for the recorded vote on final passage. We are in recess.
We will now vote on reporting the bill favorably to the House. The chair recognizes a gentleman from Virginia, Mr. Whitman, for the purpose of offering a motion.
Speaker 5
Mister chairman, I move that the committee report the bill HR 7613 as amended favorably to the house.
Speaker 1
The question is on the motion of a gentleman from Virginia. So many as are in favor will say aye. Aye. Those opposed, no. Corn being present, the ayes have it.
Chair calls for a recorded vote. Members will record their vote using the assigned electronic device. The chairman will be voting aye.
Speaker 1
Clerk will open the machine, and the members will vote. Salud, you gotta push the green button.
Speaker 9
No. We lost numbers. He's, oh, yeah. Not on the board. What's he talking about?
Speaker 9
Yeah. Can't see both of So what Carvajal uses? So there's some. So Walton is on the board. He's not here. We can't.
Can't. Use his remote.
Speaker 9
Not gonna run it. No. We can't. Like, we bumped it last night. They're loading that.
We'll just have to do a you ask consent to report record, Mister Moe. Mister Carbo... Mister Carbohaul, his eye, Mister Moe.
Speaker 1
Alright. Are we gonna do the unanimous consent now? Okay. We are going to need to, we had a member vote, another member's machine by accident. So we are going to need unanimous consent.
We're gonna need unanimous consent to agree that we record Mister Carbajal as voting aye, and Mister Molten is not present. Without objection, sir. Have all members voted? Does any member need to change their vote?
Speaker 1
Are holding for just a few seconds for Mister Courtney. Y'all can give him grief when he gets here for being late and holding you up, but we'll give him a few more seconds.
Speaker 9
Yeah. Yeah. So tell Craig to call it fifty, call it either. But if Courtney shows up in the next ten seconds, we'll vote Courtney.
Speaker 9
My god. He's like Fallon. He already got it. He already got it. Alright.
Mister Fallon's recording. We discovered a glitch. Mr. Fallon? Yes, sir. Mister Courtney is en route.
Yep. Here he is.
Speaker 9
Craig. Okay. Mister Towns, yes. Mr. Courtney? Hey, man.
What happened? Alright. I think we're gonna have to, UC. Alright. We've lost members.
No. I'm not rebooting. We're not rebooting it.
Speaker 1
Alright. We are having a technical issue with the recording machine, and Mister Courtney's machine is not working, nor is Mister Fallon. So I ask unanimous consent to recognize Mister Fallon is voting yes, to Mister Courtney's voting yes. With objection, so ordered.
Speaker 9
Mister chairman, the ayes are 53, and the nays are 0. The four. 3. 53 is what? No.
Subtract one from molten. Subtract one from molten.
Speaker 9
Alright. Here we go. Oh, hang on. The bill is recorded. It was recorded favorably.
Speaker 1
The bill is recorded favorably. A quorum being present, the motion agreed to, and without objection, the motion consider reconsiders laid upon the table. Pursuant to clause 2 l of house rule 11, all members are entitled to not less than two calendar days to file supplemental minority additional dissenting views in writing. I ask unanimous consent that staff be authorized to make necessary conforming technical and clerical changes to the bill as amended, and to remove from the bill as amended provisions that would cause the bill to be referred to another committee or would result in additional direct spending. Without objection.
So ordered, finally ask unanimous consent that the chairman be authorized to make such motions on the floor as are necessary to go to conference with the Senate on the bill H.R. 7613 or a similar Senate measure. With that, I thank you, and we are adjourned.
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