ALERT Act Introduced to Enhance Aviation Safety After Flight 5342 Crash

This article is based on an official press release from the House Armed Services Committee and the House Transportation and Infrastructure Committee.

On February 19, 2026, the bipartisan leadership of the House Transportation and Infrastructure (T&I) and Armed Services Committees introduced comprehensive legislation aimed at overhauling aviation safety protocols in the National Capital Region. The Airspace Location and Enhanced Risk Transparency (ALERT) Act of 2026 serves as a direct legislative response to the catastrophic midair collision between Airlines Flight 5342 and a U.S. Army UH-60 Black Hawk Helicopters earlier last year.

The bill, sponsored by T&I Chairman Sam Graves (R-MO), Ranking Member Rick Larsen (D-WA), Armed Services Chairman Mike Rogers (R-AL), and Ranking Member Adam Smith (D-WA), seeks to implement all 50 safety recommendations issued by the National Transportation Safety Board (NTSB) in its final accident report.

Legislative Response to the Flight 5342 Tragedy

The introduction of the ALERT Act comes just days after the NTSB released its final investigation into the January 29, 2025, disaster over the Potomac River, which claimed 67 lives. According to the joint committee release, the legislation is designed to address the systemic failures identified by investigators, specifically the lack of situational awareness and transparency between military and civil aircraft operating in shared airspace.

In a statement regarding the bill’s introduction, Rep. Sam Graves emphasized the weight of the tragedy on the legislative process:

“The collision… was a terrible tragedy… The best way to serve and honor the victims and their families is by thoughtfully addressing the broad range of safety issues raised by the now-complete accident investigation.”

, Rep. Sam Graves (R-MO), Chairman, Transportation and Infrastructure Committee

Key Provisions of the ALERT Act

Based on the text of the bill and the committee summary, the ALERT Act mandates several critical changes to aviation operations, particularly around high-density Airports like Ronald Reagan Washington National Airport (DCA). Key measures include:

• Mandatory Collision Mitigation Technology: The Act requires the installation and use of collision avoidance and alerting systems, such as ADS-B, for all civil fixed-wing aircraft and rotorcraft.
• Airspace Redesign: The Federal Aviation Administration (FAA) is mandated to redesign helicopter routes and separation standards to ensure greater buffers between commercial flights and rotorcraft.
• ATC Reform: The bill directs enhanced training for Air Traffic Controllers to better manage mixed-use airspace involving both commercial jets and military helicopters.

Repealing the “Transparency Loophole”

A central and politically significant component of the ALERT Act is the repeal of Section 373(a) of the Fiscal Year 2026 National Defense Authorization Act (NDAA). This provision had previously allowed military aircraft to waive requirements for military aircraft to broadcast their location via ADS-B while operating in the National Capital Region.

Critics and safety advocates have argued that this exemption created a dangerous “blind spot” in the airspace. The NTSB investigation into the Flight 5342 crash highlighted that the Black Hawk helicopter involved was not equipped with modern collision avoidance technology that could have alerted the crew to the incoming regional jet.

Rep. Mike Rogers, Chairman of the Armed Services Committee, noted the collaboration required to address this specific defense-related issue:

“Rather than take a piecemeal approach, the Armed Services Committee worked closely with our counterparts… to craft comprehensive legislation that makes our skies safer for airline passengers and for the servicemembers.”

, Rep. Mike Rogers (R-AL), Chairman, Armed Services Committee

Background: The Crash and NTSB Findings

The urgency of this legislation stems from the events of January 29, 2025. American Airlines Flight 5342, a Bombardier CRJ-700 operated by PSA Airlines, collided with a U.S. Army UH-60L Black Hawk approximately 0.5 miles from DCA. The crash resulted in the deaths of all 64 people aboard the jet and the 3 crew members of the helicopter.

The NTSB’s final report, released on February 17, 2026, concluded that the crash was not the result of a single error, but a convergence of flawed airspace design, altitude deviations, and a lack of technological interoperability. Specifically, the investigation found that the helicopter route was positioned directly beneath the active approach corridor for Runway 33 without sufficient vertical separation.

AirPro News Analysis

The speed at which the ALERT Act has moved from concept to introduction, just two days after the NTSB final report, signals a rare alignment between the House Transportation and Armed Services committees. Typically, jurisdictional friction between civilian aviation oversight and military operational security can slow such reforms. However, the explicit repeal of Section 373(a) suggests that Congress is prioritizing the “Written in Blood” doctrine, the grim reality that aviation regulations are often only strengthened following mass casualty events, over previous military transparency exemptions.

Frequently Asked Questions

What is the ALERT Act of 2026?
The Airspace Location and Enhanced Risk Transparency (ALERT) Act is a bipartisan bill introduced to overhaul aviation safety, specifically mandating collision avoidance tech and redesigning airspace routes following the Flight 5342 crash.

What was Section 373(a) of the FY26 NDAA?
It was a provision that allowed military aircraft to opt out of broadcasting their location data in the National Capital Region. The ALERT Act repeals this to ensure all aircraft are visible to ATC and other pilots.

What were the casualties of Flight 5342?
The collision resulted in 67 confirmed fatalities: 64 passengers and crew on the regional jet, and 3 crew members on the Army helicopter.

Sources

House Armed Services Committee Press Release
National Transportation Safety Board (NTSB)