[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7613 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7613
To require certain aircraft to be equipped with collision mitigation
technology, to improve helicopter route safety and separation around
airports, to update air traffic control processes and procedures, to
address national airspace system safety in Department of Defense
activities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 20, 2026
Mr. Graves (for himself, Mr. Larsen of Washington, Mr. Rogers of
Alabama, Mr. Smith of Washington, Mr. Nehls, Mr. Carson, Mr. Crawford,
Mr. Rouzer, Mr. Mann, Mr. Ezell, Mr. Fong, Mr. Hurd of Colorado, Mr.
Wittman, Mrs. Kiggans of Virginia, Mr. McCormick, Mr. Austin Scott of
Georgia, Mr. Wilson of South Carolina, Mr. Courtney, Mr. Johnson of
Georgia, Ms. Brownley, Ms. Wilson of Florida, Mr. DeSaulnier, Ms.
Davids of Kansas, Ms. Friedman, Mr. Beyer, Mr. Subramanyam, Mr.
Cisneros, Mr. Tran, Mr. Fleischmann, Mr. Keating, Mr. Figures, Ms.
King-Hinds, Mr. Bell, Mr. Fine, Mr. Rose, Mr. Garamendi, Ms. Scholten,
Mr. Carter of Louisiana, Mrs. Watson Coleman, Mr. Westerman, Mr.
Stauber, Mr. Timmons, Mr. Gooden, Mr. Owens, Mr. Babin, Mrs. Foushee,
Mr. Van Drew, and Ms. Houlahan) introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure, and
in addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To require certain aircraft to be equipped with collision mitigation
technology, to improve helicopter route safety and separation around
airports, to update air traffic control processes and procedures, to
address national airspace system safety in Department of Defense
activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Airspace Location
and Enhanced Risk Transparency Act of 2026'' or the ``ALERT Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CIVIL AVIATION MATTERS
Sec. 101. Airborne Collision Avoidance System Xa inhibit altitude.
Sec. 102. Airborne Collision Avoidance System upgrades.
Sec. 103. Airborne collision avoidance systems for rotorcraft.
Sec. 104. Collision mitigation systems.
Sec. 105. Time-on-position practices.
Sec. 106. Controller training working group.
Sec. 107. Safety risk assessment tool.
Sec. 108. Operational rates at Ronald Reagan Washington National
Airport.
Sec. 109. Time-based flow management.
Sec. 110. Air traffic control facility levels.
Sec. 111. Working group to evaluate shared frequency around Ronald
Reagan Washington National Airport.
Sec. 112. Anti-blocking technology.
Sec. 113. Task force to identify improvements to air traffic controller
conflict alert system.
Sec. 114. Postaccident and postincident drug and alcohol testing.
Sec. 115. Helicopter Route Chart annual review.
Sec. 116. Further modifications to Ronald Reagan Washington National
Airport area helicopter routes.
Sec. 117. Requiring vertical separation near airports during critical
phases of flight.
Sec. 118. Visual charts.
Sec. 119. Close proximity encounters.
Sec. 120. Notification of close proximity encounters and analysis of
data.
Sec. 121. Safety culture review.
Sec. 122. Documentation of control position combinations.
Sec. 123. Review of miles-in-trail procedures or agreements.
TITLE II--DEPARTMENT OF DEFENSE MATTERS
Sec. 201. Department of Defense matters relating to aviation safety.
Sec. 202. Treatment of superceded memorandum of agreement and provision
of law.
Sec. 203. Manned rotary wing aircraft safety.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
TITLE I--CIVIL AVIATION MATTERS
SEC. 101. AIRBORNE COLLISION AVOIDANCE SYSTEM XA INHIBIT ALTITUDE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall complete an evaluation
of the feasibility of decreasing the traffic advisory and resolution
advisory inhibit altitudes in Airborne Collision Avoidance System Xa
(hereinafter referred to as ``ACAS-Xa'') to enable improved alerting
throughout more of the flight maneuvering envelope of an aircraft than
is required under the RTCA minimum operational performance standards
for the Airborne Collision Avoidance System (DO-385A, issued June 22,
2023).
(b) Consultation.--In conducting the evaluation under subsection
(a), the Administrator shall consult with representatives of the
following:
(1) Air carriers operating under part 121 of title 14, Code
of Federal Regulations.
(2) Air carriers operating under part 135 of title 14, Code
of Federal Regulations.
(3) Air carriers operating under part 91 of title 14, Code
of Federal Regulations.
(4) Regional air carriers.
(5) Air carriers with a low-cost or ultra-low-cost business
model.
(6) Cargo air carriers.
(7) Transport category aircraft manufacturers.
(8) General aviation aircraft manufactures.
(9) Avionics manufacturers.
(10) Exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code.
(11) Organizations representing certified collective
bargaining representatives of airline pilots.
(12) The certified bargaining representative of aviation
safety inspectors and engineers for the Federal Aviation
Administration.
(13) Aviation safety experts with specific knowledge of
human factors or human factors experts with specific knowledge
of aviation safety.
(14) Any other stakeholders the Administrator determines
appropriate.
(c) Considerations.--In conducting the evaluation under subsection
(a), the Administrator shall consider--
(1) to the greatest extent possible, human factors,
including products by working groups related to human factors
in aviation safety;
(2) air traffic control procedures during critical phases
of flight;
(3) the impact to pilot and air traffic controller focus
during critical phases of flight;
(4) the benefits and detriments to pilot and air traffic
controller situational awareness;
(5) pilot training requirements;
(6) air traffic controller training requirements; and
(7) whether there is potential for overlapping,
conflicting, and simultaneous alerts.
SEC. 102. AIRBORNE COLLISION AVOIDANCE SYSTEM UPGRADES.
(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 with ACAS-Xa.
(b) Composition.--The Committee shall consist of members appointed
by the Administrator, including representatives of--
(1) air carriers operating under part 121 of title 14, Code
of Federal Regulations, including regional air carriers and air
carriers with a low-cost or ultra-low-cost business model;
(2) air carriers operating under part 135 of title 14, Code
of Federal Regulations;
(3) air carriers operating under part 91 of title 14, Code
of Federal Regulations;
(4) business aviation operators;
(5) cargo air carriers;
(6) transport category aircraft manufacturers;
(7) general aviation aircraft manufactures;
(8) avionics manufacturers;
(9) supplemental type certificate holders;
(10) modification service providers;
(11) exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code;
(12) the certified bargaining representative of aviation
safety inspectors and engineers for the Federal Aviation
Administration;
(13) organizations representing certified collective
bargaining representatives of airline pilots;
(14) aviation safety experts with specific knowledge of
human factors or human factors experts with specific knowledge
of aviation safety; and
(15) 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 for ACAS-Xa
given the technical complexity and requisite procedures for
approval;
(4) 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) the feasibility of using existing antennas of
existing collisions avoidance systems in such aircraft;
and
(C) the commercial availability of all necessary
components associated with ACAS-Xa;
(6) actions the Administrator can take to prioritize the
certification and installation of ACAS-Xa;
(7) related training for air traffic controllers, pilots,
and others; and
(8) any other considerations the Committee determines
appropriate.
(d) Report.--Not later than 1 year after the date of establishment
of the Committee, the Committee shall submit to the Administrator and
the appropriate committees of Congress a report containing the findings
and recommendations of the Committee.
(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), the
Administrator shall--
(A) issue a notice of proposed rulemaking to
require selected aircraft to be equipped with ACAS-Xa;
and
(B) modify the minimum operational performance
standards for ACAS-Xa, to include--
(i) traffic advisory aural alerts to
include clock position, relative altitude,
range and vertical tendency; and
(ii) the integration of directional traffic
symbols.
(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 standards for the modification
described in paragraph (1)(B);
(C) a deadline for any newly manufactured selected
aircraft to be equipped with ACAS-Xa, based on the
findings and recommendations developed pursuant to
subsection (b)(1); and
(D) a deadline for existing selected aircraft to be
retrofit with ACAS-Xa, based on the findings and
recommendations developed pursuant to subsection
(b)(1).
(3) Final rule.--Not later than 1 year after the issuance
of the notice of proposed rulemaking required under paragraph
(1)(A), the Administrator shall issue a final rule to carry out
the requirements of this section.
(f) 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
121.356 of title 14, Code of Federal Regulations, and part 135.180 of
such title.
SEC. 103. AIRBORNE COLLISION AVOIDANCE SYSTEMS FOR ROTORCRAFT.
(a) In General.--Not later than December 31, 2026, the
Administrator shall take necessary action to work with the appropriate
standards setting organization to develop, finalize, and publish
minimum operational performance standards for the collision avoidance
system know as ``Airborne Collision Avoidance System Xr'' (in this
section referred to as ``ACAS-Xr'').
(b) ACAS-Xr Aviation Rulemaking Committee.--
(1) Establishment.--Not later than 30 days after the date
on which the appropriate standards setting organization
publishes minimal operational performance standards for ACAS-Xr
under subsection (a), 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 selected rotorcraft be equipped with
ACAS-Xr.
(2) Composition.--The Committee shall consist of members
appointed by the Administrator, including representatives of--
(A) rotorcraft operating under part 135 of title
14, Code of Federal Regulations;
(B) rotorcraft operating under part 91 of title 14,
Code of Federal Regulations;
(C) rotorcraft manufacturers;
(D) an organization representing rotorcraft
operators and pilots;
(E) general aviation aircraft manufacturers;
(F) avionics manufacturers;
(G) supplemental type certificate holders;
(H) modification service providers;
(I) exclusive bargaining representatives of air
traffic controllers certified under section 7111 of
title 5, United States Code;
(J) the certified bargaining representative of
aviation safety inspectors and engineers for the
Federal Aviation Administration;
(K) aviation safety experts with specific knowledge
of human factors or human factors experts with specific
knowledge of aviation safety; and
(L) any other stakeholders the Administrator
determines appropriate.
(3) Considerations.--In developing the findings and
recommendations required under paragraph (1), the Committee
shall consider--
(A) the anticipated modifications to the minimum
operational performance standards of ACAS-Xr that are
required by subsection (c)(1)(B);
(B) the anticipated certification timeline for
ACAS-Xr given the technical complexity and requisite
procedures for approval;
(C) a projected deadline for equipping newly
manufactured selected rotorcraft the commercial
availability of the necessary components associated
with ACAS-Xr that considers--
(i) the anticipated timeline needed for the
FAA to approve the installation of ACAS-Xr on
various rotorcraft or for various operations;
and
(ii) the commercial availability of the
necessary components associated with ACAS-Xr;
(D) a projected deadline to retrofit selected
rotorcraft with ACAS-Xr that considers--
(i) the feasibility of using existing
antennas of existing collision mitigation
systems equipped in such rotorcraft;
(ii) the feasibility and cost associated
with retrofitting rotorcraft not equipped with
existing collision avoidance systems; and
(iii) the commercial availability of the
necessary components associated with ACAS-Xr;
(E) actions that the Administrator can take to
prioritize the certification and installation of ACAS-
Xr;
(F) related training for air traffic controllers,
pilots, and others; and
(G) any other considerations the Committee
determines appropriate.
(4) Report.--Not later than 1 year after the establishment
of the Committee, the Committee shall submit to the
Administrator and the appropriate committees of Congress a
report on the findings and the recommendations developed by the
Committee under this subsection.
(c) Rulemaking and Modification of Minimal Operating Performance
Standards.--
(1) In general.--Not later than 18 months after the
submission of the report required under subsection (b)(4), the
Administrator shall--
(A) issue a notice of proposed rulemaking to
require all selected rotorcraft to be equipped with
ACAS-Xr; and
(B) take necessary actions to modify the minimal
operational performance standards for ACAS-Xr,
including--
(i) traffic advisory aural alerts to
include clock position, relative altitude,
range and vertical tendency; and
(ii) the integration of directional traffic
symbols.
(2) Contents.--The notice of proposed rulemaking required
under paragraph (1)(A) shall include, at a minimum--
(A) appropriate guidance for the certification of
ACAS-Xr systems;
(B) defined standards for the modifications to such
systems described in paragraph (1)(B);
(C) a deadline for any newly manufactured selected
rotorcraft to be equipped with ACAS-Xr, based on the
findings and recommendations developed pursuant to
subsection (b); and
(D) a deadline for selected rotorcraft to be
retrofit with ACAS-Xr, based on the findings and
recommendations developed pursuant to subsection (b).
(3) Final rule.--Not later than 18 months after the
issuance of a notice of proposed rulemaking under paragraph
(1)(A), the Administrator shall issue a final rule associated
with such proposed rulemaking.
(d) Selected Rotorcraft.--In this section, the term ``selected
rotorcraft'' means a civil rotorcraft operating in Class B airspace.
SEC. 104. COLLISION MITIGATION SYSTEMS.
(a) In General.--Not later than 45 days after the date of enactment
of this Act, the Administrator shall initiate a negotiated rulemaking
proceeding to require covered aircraft to be equipped with collision
mitigation technology.
(b) Composition.--The committee convened for the negotiated
rulemaking described in subsection (a) (in this section referred to as
the ``Committee'') shall include participation from representatives of
the following:
(1) Air carriers operating under part 121 of title 14, Code
of Federal Regulations.
(2) Air carriers operating under part 135 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) Supplemental type certificate holders.
(13) Aircraft modification service providers.
(14) Exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code.
(15) Certified bargaining representative of aviation safety
inspectors and engineers for the FAA.
(16) Not less than 3 organizations representing certified
collective bargaining representatives of airline pilots
operating under part 121 of title 14, Code of Federal
Regulations.
(17) Aviation safety experts with specific knowledge of
human factors or human factors experts with specific knowledge
of aviation safety.
(c) Considerations.--In the negotiated rulemaking required under
this section, the Committee shall consider--
(1) relevant collision avoidance technology regulation,
guidance, and policies;
(2) available and projected software that can predict
aircraft movements based on data from Automatic Dependent
Surveillance-Broadcast (in this section referred to as ``ADS-
B''), Mode S, Mode C, or other transponders;
(3) the necessity of 2 independently verified data sources
to activate traffic resolution advisories that require
compliance by flight crews to maneuver a covered aircraft
regardless of air traffic control instructions;
(4) the margin of error and accuracy of technologies listed
in paragraph (2);
(5) the ways in which collision mitigation technologies can
further the accuracy and efficacy of surface surveillance
technologies;
(6) potential opportunities to extend existing surface
safety technologies to address the risk of midair collisions;
(7) the effort of the Administrator to modernize the air
traffic control system, including timelines, technologies being
incorporated, and planned trainings;
(8) the role of air traffic controllers in ensuring
aircraft separation;
(9) the potential benefits and consequences to safety of a
phased implementation of effective dates based on types of
aircraft and operations;
(10) the time it will take for the certification of
collision mitigation technologies under chapter 447 of title
49, United States Code;
(11) the capacity of the aerospace supply chain to
manufacture necessary equipment;
(12) how to ensure broad compliance without egregiously
disproportionate implementation timelines between operators;
(13) ongoing rulemakings required under section 102 and
section 103 of this Act;
(14) the use of existing air traffic control deviation
authorization tools to implement the requirement in subsection
(j)(1)(B);
(15) the requirements for the final rule as specified in
subsection (f); and
(16) any other considerations the Administrator determines
appropriate.
(d) Deadline for Committee Deliberation.--Not later than 18 months
after the initiation of the rulemaking proceeding under subsection (a),
the Committee shall conclude deliberations and submit to the
Administrator and the appropriate committees of Congress--
(1) if the Committee reaches consensus, a report containing
the proposed rule and other applicable records as determined by
the Committee; or
(2) if the Committee does not reach consensus, any proposed
language in which the Committee reached partial consensus, a
summary of issues preventing total consensus, and any other
information, recommendations, or materials created during
deliberations.
(e) Proposed Rule and Congressional Briefing.--Not later than 30
days after receiving the report or information, as applicable, required
under subsection (d) from the Committee, the Administrator shall submit
a proposed rule to the appropriate committees of Congress and
thereafter brief the appropriate committees of Congress on such report
or information.
(f) Final Rule.--Not later than 2 years after the initiation of the
rulemaking proceeding under subsection (a), the Administrator shall
issue a final rule to carry out the requirements of this section that
incorporates the recommendations from the Committee.
(g) Requirements for Final Rule.--In issuing the final rule
required under subsection (f), the Administrator shall--
(1) require that covered aircraft be equipped with
technologies capable of receiving ADS-B transmissions (in this
section referred to as ``ADS-B In'');
(2) establish performance requirements for equipping
collision mitigation technology that, as determined by the
Administrator, are appropriate for the covered aircraft and the
operations, including the operating environment;
(3) in establishing the performance requirements described
in paragraph (2)--
(A) require such technology be configured to
provide 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) require that covered aircraft equipped with
technologies that issue traffic resolution advisories
are receiving and integrating into such resolution
advisories not less than 2 independently verified data
sources; 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 mitigation technology;
(4) identify existing or issue additional relevant guidance
or technical standard orders to carry out the requirements of
this section; and
(5) 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.
(h) Alternative Means of Compliance.--In issuing the final rule
required under this section, the Administrator shall allow for an
alternative means of compliance that provides an equivalent level of
safety--
(1) that leverages alternative equipment or technology that
utilizes the use of portable ADS-B In receivers or other
equipment that displays on an existing or future portable
device, electronic flight bag or panel mounted display; and
(2) allows for the continued use of any portable or
installed collision mitigation technology in use at the time of
the effective date established in subsection (g)(5).
(i) Administrative Provision.--The Administrator may designate the
Committee in a manner that would provide the Committee the same
dispensation as if the Administrator had designated it as an aviation
rulemaking committee under section 106(p)(5)(B) of title 49, United
States Code.
(j) Definitions.--In this section:
(1) Covered aircraft.--The term ``covered aircraft''--
(A) means--
(i) a turbine-powered civil aircraft (as
such term is defined in section 40102 of title
49, United States Code) required to be equipped
with ADS-B Out under section 91.225 of title
14, Code of Federal Regulations; and
(ii) a civil aircraft, not including
aircraft specified in section 91.225(e) of
title 14, Code of Federal Regulations,
operating in class B and Class C airspace areas
and areas designated by section 91.225(d)(3) of
title 14, Code of Federal Regulations; and
(B) excludes aircraft manufactured before the date
of enactment of this Act 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, to operate in the airspace areas
described in subparagraph (A)(ii), 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.
(2) Collision mitigation technology.--The term ``collision
mitigation technology'' means equipment that receives and
process ADS-B transmissions that are broadcast in accordance
with part 91.225 and 91.227 of title 14, Code of Federal
Regulations, or any successor regulations, and other aviation
advisory information from ground stations, that provides the
aircraft with awareness to the location of other aircraft and
traffic advisories.
SEC. 105. TIME-ON-POSITION PRACTICES.
(a) Memorandum of Understanding.--
(1) In general.--The Administrator and the exclusive
bargaining representative of air traffic controllers certified
under section 7111 of title 5, United States Code, may execute
a memorandum of understanding to review the time-on-position
practices for operations supervisory personnel.
(2) Contents.--The memorandum of understanding described in
paragraph (1) may--
(A) include an evaluation of the time-on-position
practices for operations supervisory personnel at the
time such memorandum is executed, prioritizing the
evaluation of such practices at Ronald Reagan
Washington National Airport and other air traffic
facilities with high volumes of mixed helicopter and
airplane traffic;
(B) provide recommendations for improving such
practices for Air Traffic Organization operations
supervisory personnel at Ronald Reagan Washington
National Airport and other air traffic facilities with
high volumes of mixed helicopter and airplane traffic;
(C) consider the operational oversight needs and
staffing levels of the air traffic facilities described
in the previous subparagraphs; and
(D) include any other items determined appropriate
by the parties executing such memorandum.
(b) Rule of Construction.--Nothing in this section shall be
construed to interfere with any agreement between a governmental entity
and the exclusive bargaining representative of air traffic controllers
certified under section 7111 of title 5, United States Code, including
requirements under section 7106(a) of title 5, United States Code,
section 5333(b) of title 49, United States Code, and section 40122 of
title 49, United States Code.
(c) Definitions.--In this section:
(1) Operational oversight.--The term ``operational
oversight'' means the duty of the individual in charge of the
operation to effectively lead and manage the delivery of air
traffic services by maintaining intentional engagement,
situational awareness, and accountability within the area of
supervision.
(2) Operations supervisory personnel.--The term
``operations supervisory personnel'' means managerial personnel
responsible for the direct supervision of air traffic control
operational personnel.
SEC. 106. CONTROLLER TRAINING WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall establish a working
group (in this section referred to as the ``Working Group'') to provide
the Administrator with recommendations for revising regulations and
standards pertaining to the initial and recurrent training of air
traffic controllers on--
(1) threat and error management; and
(2) tower-applied and pilot-applied visual separation
procedures.
(b) Membership.--The Working Group shall consist of members
appointed by the Administrator, including representatives of--
(1) the exclusive bargaining representative of air traffic
controllers certified under section 7111 of title 5, United
States Code;
(2) the certified bargaining representative of aviation
safety inspectors and engineers for the Administration;
(3) organizations representing certified collective
bargaining representatives of airline pilots;
(4) organizations representing air traffic control managers
and operations supervisors;
(5) airport sponsors and operators;
(6) operators under parts 121, 125, or 135 of title 14,
Code of Federal Regulations;
(7) organizations representing operators under part 91 of
title 14, Code of Federal Regulations; and
(8) aviation safety experts with specific knowledge of--
(A) human factors;
(B) threat and error management best practices and
policies; and
(C) visual separation procedures and regulations.
(c) Considerations.--The Working Group shall consider, at a
minimum--
(1) the findings and recommendations of the National
Transportation Safety Board;
(2) the requirements of--
(A) FAA Order JO 3120.4S, titled ``Air Traffic
Technical Training'', issued on August 28, 2024;
(B) FAA Order JO 7210.3EE, titled ``Facility
Operation and Administration'', issued on February 20,
2025;
(C) FAA Order JO 7110.65BB, titled ``Air Traffic
Control'', issued on February 20, 2025; and
(D) other relevant air traffic control standards,
guidance, and policies;
(3) whether the frequency of the recurrent training
described in subsection (a) should be increased for air traffic
controllers in facilities managing high-complexity or high-
volume airspace;
(4) data, reports, and peer-reviewed studies on human
factors and threat and error management best practices;
(5) the appropriate use of tower simulator systems and
other advanced training technologies to supplement the
recurrent training described in subsection (a), including the
use of data analytics from such systems and technologies to
individualize instruction;
(6) the use of data analytics to identify systemic gaps in
the recurrent training described in subsection (a) and to
dynamically enhance training curriculum and techniques;
(7) data gathered from aviation safety reporting programs;
and
(8) any other item determined appropriate by the Working
Group.
(d) Report to Congress.--Not later than 1 year after the Working
Group is established, the Administrator shall submit to the appropriate
committees of Congress a report containing the findings and
recommendations of the Working Group.
(e) Rulemaking.--
(1) Proposed rule.--Not later than 90 days after the
submission of the report under subsection (d), the
Administrator shall issue a notice of proposed rulemaking
revising standards for the required recurrent training
described in subsection (a), as recommended by the Working
Group.
(2) Final rule.--Not later than 180 days after publishing
the proposed rule under paragraph (1), the Administrator shall
issue a final rule based on such proposed rule.
(3) Justification for decision related to
recommendations.--If the Administrator decides not to implement
any of the recommendations described in subsection (d), the
Administrator shall submit to the appropriate committees of
Congress the justification for the decision with respect to
each such recommendation.
(f) Threat and Error Management Defined.--In this section, the term
``threat and error management'' has the meaning described in chapter 6
of the Risk Management Handbook (FAA H-8083-2A) or any successor
document.
SEC. 107. SAFETY RISK ASSESSMENT TOOL.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall seek to enter into an
agreement with a federally funded research and development center to
develop a safety risk assessment tool for use by air traffic
controllers to assist in airspace risk identification, mitigation, and
operational decision making.
(b) Considerations.--In carrying out subsection (a), the federally
funded research and development center shall consider, at a minimum--
(1) the development of a safety risk assessment tool
capable of supporting the air traffic controllers in--
(A) identifying safety risks;
(B) analyzing the impact of and prioritizing such
risks; and
(C) developing strategies to reduce or eliminate
such risks in real time;
(2) data, reports, studies, and best practices on threat
and error management;
(3) findings and recommendations of the--
(A) National Transportation Safety Board;
(B) National Airspace System Safety Review Team;
and
(C) frontline manager workload study authorized
under section 412 of the FAA Reauthorization Act of
2024 (Public Law 118-63);
(4) air traffic facility type and staffing level;
(5) risk assessment guidance, policies, and regulations of
the Administration in place prior to the date of enactment of
this Act;
(6) data gathered from aviation safety reporting programs;
(7) best practices or similar relevant risk assessment
tools and methods used by foreign civil aviation authorities;
and
(8) any other factors determined relevant by the federally
funded research and development center.
(c) Consultation.--To develop the safety risk assessment tool
required under subsection (a), the federally funded research and
development center shall consult with--
(1) organizations representing operations supervisors;
(2) the exclusive bargaining representative of air traffic
controllers certified under section 7111 of title 5, United
States Code;
(3) aviation safety experts with specific knowledge of
threat and error management;
(4) aviation safety experts with specific knowledge of
human factors; and
(5) any other stakeholders determined relevant by the
federally funded research and development center.
(d) Briefing to Congress.--Not later than 1 year after entering
into the agreement pursuant to subsection (a), the Administrator shall
brief the appropriate committees of Congress on the development of the
safety risk assessment tool required under this section and
recommendations for implementation.
(e) Threat and Error Management Defined.--In this section, the term
``threat and error management'' has the meaning described in chapter 6
of the Risk Management Handbook (FAA H-8083-2A) or any successor
document.
SEC. 108. OPERATIONAL RATES AT RONALD REAGAN WASHINGTON NATIONAL
AIRPORT.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Administrator shall initiate an assessment of the
aircraft arrival rate at Ronald Reagan Washington National Airport.
(b) Considerations.--In conducting the assessment described in
subsection (a), the Administrator shall consider--
(1) airspace complexity;
(2) airfield limitations;
(3) mixed-fleet operations;
(4) traffic volume;
(5) air carrier scheduling practices;
(6) the operational capacity of such airport;
(7) the current hourly instrument flight rules allocation
practice at such airport;
(8) expertise provided by the Air Traffic Organization; and
(9) any other considerations the Administrator determines
appropriate.
(c) Completion of Assessment.--Not later than 180 days after the
Administrator initiates the assessment under subsection (a), the
Administrator shall complete and submit to the appropriate committees
of Congress such assessment, including any related findings and
recommendations.
(d) Rulemaking.--Not later than 30 days after completing the
assessment pursuant to subsection (c), and taking such assessment into
account, the Administrator shall initiate a rulemaking proceeding to
update subpart K of part 93 of title 14, Code of Federal Regulations,
to require allocated instrument flight rules operations at Ronald
Reagan Washington National Airport to be prescribed in periods not
greater than 30 minutes to ensure such airport does not exceed safe
capacity.
(e) Consultation.--In conducting the rulemaking required under
subsection (d), the Administrator shall consult with the following:
(1) Any air carrier operating under part 121 of title 14,
Code of Federal Regulations, with scheduled operations at
Ronald Reagan Washington National Airport.
(2) The exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
Sates Code.
(3) The Metropolitan Washington Airports Authority.
(4) Any other stakeholders the Administrator determines
appropriate.
SEC. 109. TIME-BASED FLOW MANAGEMENT.
Not later than 1 year after the date of enactment of this Act, the
Administrator shall implement operational use of the time-based flow
management system at Potomac Consolidated Terminal Radar Approach
Control and associated air traffic control towers.
SEC. 110. AIR TRAFFIC CONTROL FACILITY LEVELS.
(a) Review of Air Traffic Control Facility Level Criteria.--
(1) In general.--The National Validation Team may review
the criteria and procedures used to assess, determine, and
validate the classification level of air traffic control
facilities.
(2) Considerations.--To conduct the review required under
paragraph (1), the National Validation Team may consider--
(A) the accuracy of the factors and multipliers
used to calculate the traffic count index and other
related formulas for air traffic control facilities;
(B) whether new relevant factors and multipliers
should be incorporated into such formulas to more
accurately reflect the complexity of the facility
operations; and
(C) the findings and recommendations of the
National Transportation Safety Board with respect to
air traffic control facility levels.
(3) Update criteria and procedures.--Upon completion of the
review of criteria and procedures under this subsection, the
National Validation Team may revise, as appropriate, such
criteria and procedures.
(4) Conforming amendments to faa documents.--In issuing
such revised guidance, the National Validation Team may
recommend revisions to FAA Order 7210.57, titled ``Traffic
Counting, Reporting, and Processing for Determining Facility
Classification Levels'', or any successor document, and
corresponding policy or guidance materials to reflect any
criteria and procedures revised pursuant to paragraph (3).
(b) Reassessment of Air Traffic Control Facility Levels.--
(1) In general.--Upon completion of the review conducted
under subsection (a), the National Validation Team shall
reassess, taking into account any revisions to criteria and
procedures revised under such subsection, the air traffic
control facility level at--
(A) the Ronald Reagan Washington National Airport;
and
(B) any other air traffic control facilities with
high volumes of mixed helicopter and airplane traffic.
(2) Report.--Not later than 1 year after completion of the
review conducted under subsection (a), the Administrator shall
submit to the appropriate committees of Congress a report
detailing the findings of the reassessment required under
paragraph (1) and recommendations with respect to the
classification level of air traffic control facilities
described in such paragraph.
(3) Implementation.--If the National Validation Team
determines that a reclassification of the air traffic control
facilities described in paragraph (1) to a higher level is
appropriate, the National Validation Team may take any such
actions as necessary to do so.
(c) Rule of Construction.--Nothing in this section may be construed
to interfere with any agreement between a governmental entity and the
exclusive bargaining representative of air traffic controllers
certified under section 7111 of title 5, United States Code, including
requirements under sections 5333(b) and 40122 of title 49, United
States Code, and section 7106(a)(1) of title 5, United States Code.
(d) National Validation Team Defined.--In this section, the term
``National Validation Team'' means the joint working group comprised of
the FAA and the exclusive bargaining representative of air traffic
controllers certified under section 7111 of title 5, United States
Code, established in May 2011 to administer and assess the agreed-upon
calculations, formulas, and standards related to air traffic control
facility levels.
SEC. 111. WORKING GROUP TO EVALUATE SHARED FREQUENCY AROUND RONALD
REAGAN WASHINGTON NATIONAL AIRPORT.
(a) In General.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall convene a working group
(in this section referred to as the ``Working Group'') to conduct a
comprehensive evaluation of the safety benefits and risks of requiring
all aircraft to use the same communications frequency during any period
in which helicopter and local air traffic control positions are
combined in the Ronald Reagan Washington National Airport air traffic
control tower.
(b) Members.--The Working Group convened under subsection (a) shall
be comprised of representatives of--
(1) the exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code;
(2) the organization representing air traffic control
operational supervisors and managers;
(3) 3 separate organizations representing the certified
collective bargaining representatives of pilots operating under
part 121 of title 14, Code of Federal Regulations;
(4) an organization representing helicopter aviation
operators and pilots;
(5) an organization representing business aviation
operators and pilots;
(6) an organization representing air carriers operating
under part 121 of title 14, United States Code;
(7) an organization representing air carriers operating
under part 121 of title 14, United States Code, with a low-cost
or ultra-low-cost business model;
(8) an individual that has expertise in an operational or
academic discipline that is relevant to the analysis of human
factors in aviation, which may include air carrier operations,
line pilot expertise, air traffic control, linguistics, human-
machine integration, general aviation operations, and
organizational behavior and culture;
(9) the FAA, provided the representative has expertise on
flight operations in the area described in subsection (a);
(10) the Department of Defense, provided the representative
has expertise on Department of Defense flight operations in the
area described in subsection (a);
(11) the Coast Guard, provided the representative has
expertise on Coast Guard flight operations in the area
described in subsection (a); and
(12) other organizations or agencies as determined
necessary by the Administrator.
(c) Voting.--The members described in paragraphs (9), (10), (11),
and, in the case of a representative chosen by the Administrator that
is from a governmental agency, (12) of subsection (b) shall be
nonvoting members of the Working Group.
(d) Duration.--
(1) In general.--Members of the Working Group shall be
appointed for the duration of the Working Group.
(2) Length of existence.--
(A) In general.--The Working Group shall have an
initial duration of 1 year.
(B) Optional extension.--The Administrator may
extend the duration of the Working Group for an
additional period of up to 1 year.
(e) Considerations.--In conducting the comprehensive evaluation
under subsection (a), the Working Group shall, at minimum, consider--
(1) the benefits or detriments to pilot and air traffic
controller situational awareness;
(2) to the greatest extent possible, the human factors that
would impact pilot and air traffic controller situational
awareness;
(3) to the greatest extent possible, the human factors that
would impact pilot and air traffic controller focus during
critical phases of flight;
(4) existing products by other working groups related to
human factors in aviation safety;
(5) pilot training requirements;
(6) air traffic controller training requirements;
(7) if any, technological limitations or challenges that
would impede aircraft from using the same communications
frequency;
(8) the potential for overlapping, conflicting, and
simultaneous communication transmissions, prior to and after
any improvements made as a result of the assessment conducted
pursuant to section 112;
(9) the potential for misdirected communications on crowded
frequencies;
(10) National Transportation Safety Board recommendations
pertaining to miscommunications on crowded frequencies; and
(11) solicited feedback from air carriers operating under
part 121 and part 135 of title 14, Code of Federal Regulations,
and general aviation operators under part 91 of title 14, Code
of Federal Regulations.
(f) Report.--Not later than 6 months after the conclusion of the
Working Group, the Working Group shall submit to the Administrator and
the appropriate committees of Congress a report on the findings and
recommendations resulting from the activities carried out under this
section.
(g) Implementation.--Not later than 6 months after receiving
recommendations outlined in the report under subsection (f), the
Administrator may take such action, as appropriate, to implement such
recommendations.
SEC. 112. ANTI-BLOCKING TECHNOLOGY.
(a) Assessment.--Not later than 30 days after the date of enactment
of this Act, the Administrator shall initiate an assessment on the
feasibility and maturity of technology that serves to alert air traffic
controllers or flight crews to instances of potentially blocked
transmissions when simultaneous broadcasting occurs.
(b) Considerations.--In conducting the assessment under subsection
(a), the Administrator shall, at minimum, consider--
(1) technologies currently in use domestically and
internationally that alert an air traffic controller or flight
crew to instances in which radio transmissions may have been
blocked;
(2) the technical standards written for, and associated
with, the use of such technologies identified under paragraph
(1);
(3) existing and proposed technologies not in use that
could alert an air traffic controller or flight crew to
instances in which radio transmissions may have been blocked;
(4) the technical standards that would be needed to
implement the technologies identified under paragraph (3);
(5) the potential benefits and enhanced awareness that the
adoption of such technologies would provide;
(6) the technological limitations associated with such
technologies;
(7) air traffic controller training requirements;
(8) the effort of the FAA to modernize the air traffic
control system, including timelines, the incorporation of new
technologies, and planned training; and
(9) any benefits and detriments to air traffic controller
situational awareness, including availability of information,
nuisance alerts, and human factors.
(c) Consultation.--In conducting the assessment under subsection
(a), the Administrator shall consult with stakeholders or standards
organizations, including--
(1) the exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code;
(2) the organization representing air traffic control
operational supervisors and managers;
(3) the certified bargaining representative of aviation
safety inspectors and engineers for the FAA;
(4) an organization representing manufacturers of air
traffic management systems, equipment and technologies;
(5) an organization representing helicopter aviation
operators and pilots;
(6) an organization representing general aviation operators
and pilots; and
(7) any other organization or agency the Administrator
determines appropriate.
(d) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report on the results of the assessment under subsection
(a) that includes--
(1) a list of technologies identified by the Administrator
serving the purpose described in subsection (a);
(2) a list of technologies the Administrator proposes that
could serve the purpose described in subsection (a); and
(3) a plan to implement the technologies listed under
paragraphs (1) and (2), including--
(A) the scope of potential upgrades;
(B) predicted costs;
(C) a projected timeline; and
(D) how the potential upgrades to facilities and
equipment within the scope of subparagraph (A) would be
prioritized.
SEC. 113. TASK FORCE TO IDENTIFY IMPROVEMENTS TO AIR TRAFFIC CONTROLLER
CONFLICT ALERT SYSTEM.
(a) In General.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall convene a task force (in
this section referred to as the ``Task Force'') to develop a framework
detailing the priorities, goals, timeline, and recommendations to
implement improvements to the conflict alert system to provide more
salient and meaningful alerts to air traffic controllers based on the
severity of the conflict triggering the alert.
(b) Members.--The Task Force convened under subsection (a) shall be
comprised of representatives of--
(1) the exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code;
(2) the organization representing air traffic control
operational supervisors and managers;
(3) the organization representing operators under the
Contract Tower Program established under section 47124 of title
49, United States Code;
(4) the certified bargaining representative of aviation
safety inspectors and engineers for the FAA;
(5) individuals with expertise in an operational or
academic discipline that is relevant to the analysis of human
factors in aviation, which may include air carrier operations,
line pilot expertise, air traffic control, linguistics, human-
machine integration, general aviation operations, and
organizational behavior and culture;
(6) the FAA, including the Air Traffic Organization and the
Office of Finance and Management, provided such representative
has expertise on equipment procurement; and
(7) other organizations or agencies as determined necessary
by the Administrator.
(c) Voting.--The members described in paragraphs (3), (6), and, in
the case of a representative chosen by the Administrator that is from a
governmental agency, (7) of subsection (b) shall be nonvoting members
of the Task Force.
(d) Duration.--
(1) In general.--Members of the Task Force shall be
appointed for the duration of the Task Force.
(2) Length of existence.--
(A) In general.--The Task Force shall have an
initial duration of 1 year.
(B) Optional extension.--The Administrator may
extend the duration of the Task Force for an additional
period of up to 6 months.
(e) Considerations.--In developing the framework under subsection
(a), the Task Force shall, at minimum, consider--
(1) the benefits and detriments to air traffic controller
situational awareness, including availability of information,
nuisance alerts, and human factors;
(2) opportunities and challenges of consolidating numerous
systems and underlying data sources into a single display,
including through the deployment of the Enterprise-Information
Display System;
(3) existing products by other working groups related to
human factors in aviation safety;
(4) air traffic controller training requirements;
(5) advances in available technology not being utilized as
of the date on which the Task Force is convened;
(6) technological limitations;
(7) National Transportation Safety Board recommendations
pertaining to air traffic controller alerts, distractions, and
loss of focus;
(8) the effort of the FAA to modernize the air traffic
control system, including timelines, new technologies being
incorporated, and planned training; and
(9) solicited feedback from equipment manufacturers and
entities involved with the air traffic control modernization
effort of the Administrator.
(f) Report.--Not later than 4 months after the conclusion of the
Task Force, the Task Force shall submit to the Administrator and the
appropriate committees of Congress a report that includes the framework
developed as a result of the activities carried out under subsection
(a).
(g) Implementation Plan.--
(1) In general.--Not later than 8 months after receiving
the framework outlined in the report under subsection (f), the
Administrator shall finalize and submit to the appropriate
committees of Congress a plan (in this section referred to as
the ``Plan'') to implement such framework.
(2) Contents.--Such Plan shall include, as appropriate--
(A) specific training requirements for air traffic
controllers, as detailed in--
(i) FAA Order JO 3120.4S, titled ``Air
Traffic Technical Training'', issued on August
28, 2024;
(ii) FAA Order JO 7210.3EE, titled
``Facility Operation and Administration'',
issued on February 20, 2025; and
(iii) any successor or other relevant
documents or guidance; and
(B) a publicly available prioritized list of
airports enumerating the order in which they will
receive such upgrades.
(3) Time limit.--The Plan may not contain a timeline of
implementation that exceeds 2 years.
(4) Commencement.--The Administrator shall immediately
begin implementing the Plan upon the submission of such Plan
under paragraph (1) to the appropriate committees of Congress.
(h) Briefings to Congress.--Not later than 6 months after the
submission of the Plan to Congress under subsection (g)(1), and every 6
months thereafter until the full implementation of the Plan, the
Administrator shall brief the appropriate committees of Congress on the
progress of implementation.
SEC. 114. POSTACCIDENT AND POSTINCIDENT DRUG AND ALCOHOL TESTING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall review and revise, as
appropriate, the initial event response procedures of the Air Traffic
Organization to ensure an appropriate on-site supervisor makes each
postaccident and postincident drug and alcohol testing determination in
a timely manner.
(b) Requirements.--In reviewing and revising the procedures
described under subsection (a), the Administrator shall--
(1) require such procedures to be based on an on-site
supervisor's assessment, without needing to wait for
investigation or approval, of--
(A) whether the event meets testing criteria; and
(B) which air traffic controllers had duties
pertaining to the involved aircraft;
(2) evaluate guidance, regulations, and policies regarding
the postaccident and postincident drug and alcohol testing
prior to the date of enactment of this Act; and
(3) consult with representatives of--
(A) the exclusive bargaining representative of air
traffic controllers certified under section 7111 of
title 5, United States Code;
(B) organizations representing air traffic control
managers and operational supervisors; and
(C) experts with specific knowledge in drug and
alcohol testing.
(c) Training.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop
standards for annual training on the revised postaccident and
postincident drug and alcohol testing determination procedure
described in subsection (a) for all staff of the Air Traffic
Organization who have responsibilities under such procedure.
(2) Requirements.--The training standards developed under
this subsection shall, at a minimum--
(A) include a postlearning knowledge assessment;
and
(B) consider the findings and recommendations of
the National Transportation Safety Board.
(d) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall conduct a review
of the ability of each air traffic control facility to
routinely accomplish the required postaccident and postincident
drug and alcohol testing within the Secretary's specified
timeframes of within 2 hours for alcohol testing and within 4
hours for drug testing.
(2) Report.--Not later than 3 months after the
Administrator completes the initial review under paragraph (1),
and annually thereafter, the Administrator shall submit to the
Secretary of Transportation a report demonstrating such ability
of each air traffic control facility.
(3) Remediation.--Not later than 3 months after the
submission of the report under paragraph (1), the Administrator
shall develop and implement a process to ensure that any air
traffic control facility without such capability will carry out
timely remediation.
SEC. 115. HELICOPTER ROUTE CHART ANNUAL REVIEW.
(a) In General.--The Administrator shall publish, on a publicly
available website of the FAA, the date on which the annual review for
each Helicopter Route Chart has been most recently completed, as
required pursuant to FAA Order JO 7210.3EE, titled ``Facility Operation
and Administration'' (or any successor document).
(b) Report.--Not later than December 31, 2026, and December 31 of
each year thereafter, the Administrator shall submit to the appropriate
committees of Congress a report containing, at a minimum, the following
information:
(1) A summary of changes, if applicable, made to each
Helicopter Route Chart, including--
(A) changes, additions, or deletions to designated
helicopter routes;
(B) changes in instrument flight rules routes;
(C) additions or deletions of visual checkpoints;
and
(D) rationale or safety data to justify any changes
described in subparagraphs (A) through (C).
(2) The safety risk management documentation completed in
accordance with FAA Order JO 8040.4C, titled ``Safety Risk
Management Policy'' (or any successor document).
(3) An summary of any advanced consultation between the
Administrator and impacted helicopter and fixed-wing operators
in planning the safety risk management process.
(4) A certification that the designated recommended route
altitudes and flight ceilings and floors ensure helicopters
maintain minimum separation, in accordance with FAA Order
7110.65BB, titled ``Air Traffic Control'' (or any successor
document), with fixed-wing aircraft operating along airport
approach and departure paths.
(c) Failure To Submit.--
(1) In general.--If the Administrator fails to submit an
annual report required under subsection (b) on or before the
date on which such report is required to be submitted, the
Chief Operating Officer of the Air Traffic Organization shall
brief the appropriate committees of Congress in person not
later than 4 weeks after such date.
(2) Deadline for initial outreach and coordination.--Not
later than 4 days after such date, the FAA shall begin initial
outreach to and coordination with the appropriate committees of
Congress to arrange and organize logistics of the briefing
required under paragraph (1).
(3) Format and time of briefing.--The briefing required
under paragraph (1) shall be in a format and at a time to be
determined by such committees.
SEC. 116. FURTHER MODIFICATIONS TO RONALD REAGAN WASHINGTON NATIONAL
AIRPORT AREA HELICOPTER ROUTES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall evaluate charted helicopter routes
in the vicinity of Ronald Reagan Washington National Airport.
(b) Revisions to Deconflict Traffic.--Upon the completion of each
route evaluation under subsection (a), the Administrator shall
immediately, as necessary, revise such route to ensure that the route
and routes utilized by fixed-wing aircraft--
(1) are safely deconflicted physically at all times; or
(2) have operating procedures that require positive control
from the controller to ensure safe deconfliction during
operations.
(c) Safety Review Requirements.--In carrying out the route
revisions required under subsection (b), the Administrator shall
conduct a safety risk management review, as necessary, for any
helicopter route changes, in accordance with FAA Order 8040.4C, titled
``Safety Risk Management Policy'' (or any successor document).
(d) Report.--Not later than 120 days after the Administrator
completes all the evaluations and subsequent route revisions required
under this section, the Administrator shall submit to the appropriate
committees of Congress a report containing--
(1) the results of the evaluations required under
subsection (a);
(2) the route revisions required under subsection (b),
including an explanation for such revisions; and
(3) the safety risk management review documentation
developed as a result of the review conducted under subsection
(c).
SEC. 117. REQUIRING VERTICAL SEPARATION NEAR AIRPORTS DURING CRITICAL
PHASES OF FLIGHT.
(a) In General.--Except as provided in subsection (b), the
Administrator shall ensure that each segment of a helicopter route
contains, in the appropriate helicopter route chart, recommended flight
altitudes, including altitude ceilings and floors, in a manner
consistent with FAA Order JO 7210.3EE, titled ``Facility Operation and
Administration'' (or any successor document).
(b) Consideration of Vertical Separation in Route Criteria.--Not
later than 60 days after the date of enactment of this Act, the
Administrator shall amend FAA Order JO 7210.3EE, titled ``Facility
Operation and Administration'' (or any successor document), to add
minimum vertical separation requirements to the criteria for the
helicopter route chart program.
(c) Charting Minimum Separation Near Airports.--
(1) In general.--The Administrator shall ensure that any
helicopter chart that represents an area near an airport
clearly conveys to an operator the segments of such helicopter
routes in the vicinity of such airport.
(2) Content requirements.--At minimum, each such chart
shall clearly convey for each of the segments, the recommended
flight altitudes, including altitude ceilings and floors, and
any necessary instructions, to ensure minimum separation, in
accordance with FAA Order JO 7110.65BB, titled ``Air Traffic
Control'' (or any successor document), between--
(A) a helicopter utilizing such segment; and
(B) a fixed-wing aircraft operating at or near such
airport during critical phases of flight.
(d) Update Policy.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall update FAA Order JO
7210.3EE, titled ``Facility Operation and Administration'' (or any
successor document), to account for any additional changes made by this
section.
(e) Annual Review.--The Administrator shall ensure that any changes
made to Helicopter Route Charts as a result of this section are
assessed on an annual basis as part of the annual review described in
section 115.
SEC. 118. VISUAL CHARTS.
(a) Study.--Not later than 30 days after the date of enactment of
this Act, the Administrator shall initiate a study on incorporating the
lateral location and published altitudes of helicopter routes into all
instrument and visual approach and departure procedures for airports.
(b) Consultation.--In carrying out subsection (a), the
Administrator shall consult with relevant stakeholders, including--
(1) air carriers;
(2) an organization representing helicopter operators and
pilots;
(3) an organization representing general aviation operators
and pilots;
(4) an organization representing business aviation
operators and pilots;
(5) 3 separate organizations representing certified
collective bargaining representatives of airline pilots
operating under part 121 of title 14, Code of Federal
Regulations;
(6) the certified exclusive bargaining representatives of
air traffic controllers certified under section 7111 of title
5, United States Code; and
(7) an individual that has expertise in an operational or
academic discipline that is relevant to the analysis of human
factors in aviation, including air carrier operations, line
pilot expertise, air traffic control, linguistics, human-
machine integration, general aviation operations, and
organizational behavior and culture.
(c) Considerations.--In carrying out subsection (a), the
Administrator shall consider the--
(1) spacing and legibility of information on charts;
(2) workload of flight crews at lower altitudes and during
critical phases of flight;
(3) feasibility and decipherability of layered information
on digital charts;
(4) current best practices for pilots when landing at or
departing from airports with high volume helicopter traffic but
that do not have charted helicopter routes; and
(5) human factors involved with approach and departure
procedures.
(d) Administrator Action.--Not later than 1 year after initiating
the study under subsection (a), the Administrator shall make any
revisions necessary to--
(1) Terminal Procedures Publications to include charted
helicopter routes to provide appropriate situational awareness
to fixed-wing operators; and
(2) Helicopter Route Charts to include airport approach and
departure paths to provide appropriate situational awareness to
helicopter operators.
(e) Congressional Briefing.--If the Administrator makes revisions
under subsection (d), the Administrator shall brief the appropriate
committees of Congress on such revisions not later than 60 days after
making such revisions.
SEC. 119. CLOSE PROXIMITY ENCOUNTERS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Administrator shall establish a working group to make
recommendations on--
(1) a definition of close proximity encounters;
(2) associated parameters that can be used to monitor the
prevalence of such encounters and identify areas of potential
traffic conflict for safety assurance and safety risk
management for such encounters; and
(3) making publicly available aggregated information about
such encounters.
(b) Considerations.--In carrying out subsection (a), the working
group shall consider--
(1) existing airborne separation rules and required loss of
airborne separation reporting requirements;
(2) the development of a definition of, and associated
parameters for, close proximity encounter events;
(3) data gathered from aviation safety reporting systems
and reports, including the Aviation Safety Information Analysis
and Sharing Program, the Aviation Safety Action Program, the
Performance Data Analysis and Reporting System, the Aviation
Risk Identification and Assessment (``ARIA'') system,
preliminary ARIA reports, the Air Traffic Safety Action
Program, the Aviation Safety Reporting System, the Near Midair
Collision System, mandatory occurrence reports, and other
relevant systems and reports;
(4) findings and recommendations of the National
Transportation Safety Board, including findings and
recommendations of the DCA Midair Collision report;
(5) FAA risk assessment guidance, policies, and regulations
in place prior to the date of enactment of this Act;
(6) best practices or similar relevant risk assessment
tools and methods used by foreign civil aviation authorities;
and
(7) any other factors determined relevant by the working
group.
(c) Membership.--The working group shall consist of the following:
(1) Appointed members.--The following members appointed by
the Administrator:
(A) 2 representatives of the National Aeronautics
and Space Administration with expertise in safety data.
(B) 5 appropriately qualified representatives of
aviation labor organizations (designated by the
applicable represented organization), including--
(i) organizations representing certified
collective bargaining representatives of
airline pilots;
(ii) the exclusive bargaining
representatives of FAA air traffic controllers
certified under section 7111 of title 5, United
States Code;
(iii) organizations representing helicopter
operators and pilots; and
(iv) organizations representing general
aviation operators and pilots.
(C) Not fewer than 5 independent subject matter
experts in safety management systems and safety data
who--
(i) have not served as a political
appointee in the Administration; and
(ii) have a minimum of 10 years of relevant
applied experience.
(D) 2 air carrier employees whose job
responsibilities include administration of a safety
management system.
(E) 2 individuals representing holders of a
certificate issued under part 21 of title 14, Code of
Federal Regulations, whose job responsibilities include
administration of a safety management system.
(F) 2 other representatives from the aerospace
industry that do not meet the criteria described in
subparagraph (D) or (E) and who have expertise in
safety assurance or safety risk or whose job
responsibilities include administration of a safety
management system.
(2) Advisory members.--In addition to the appointed members
described in paragraph (1), the working group shall be advised
by up to 5 employees of the Administration, at least 3 of whom
shall be subject matter experts in implementing safety
assurance and safety risk management.
(d) Public Reporting.--Not later than 30 days after the working
group develops recommendations under subsection (a), the Administrator
shall make publicly available a report containing the recommendations
and describing how the Administrator intends to implement such
recommendations.
SEC. 120. NOTIFICATION OF CLOSE PROXIMITY ENCOUNTERS AND ANALYSIS OF
DATA.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator, in accordance with the
mandatory occurrence reporting requirements in FAA Order JO 7210.632A,
title ``Air Traffic Organization Occurrence Reporting'' (or any
successor document) and airborne loss of separation minima in FAA Order
JO 7110.65BB, titled ``Air Traffic Control'' (or any successor
document), shall establish a process to--
(1) notify parties involved with an airborne loss of
separation event of such event; and
(2) provide deidentified event data to the Aviation Safety
Information Analysis and Sharing program.
(b) Requirements.--In establishing the process under subsection
(a), the Administrator shall--
(1) establish a database that tracks the details of
airborne loss of separation events;
(2) continuously monitor and review such database to
identify areas of potential traffic conflict for safety
assurance and safety risk management;
(3) ensure timeliness of notifications to the parties
described in subsection (a)(1) so that relevant data remains
available before meaningful safety analysis, reporting, or
corrective action is no longer practicable;
(4) consider informing, with deidentified or aggregated
data, other frequent operators in the airspace of loss of
separation events; and
(5) consider the practicality and usefulness of
notification requirements for--
(A) airport surface loss of separation;
(B) loss of separation with terrain or obstacles;
(C) traffic alert and collision avoidance system
resolution advisory activations; and
(D) any other close proximity encounters as
determined by the Administrator.
(c) Consultation.--In establishing the process under subsection
(a), the Administrator shall consult with--
(1) air carriers;
(2) helicopter operators;
(3) general aviation operators;
(4) organizations representing certified collective
bargaining representatives of airline pilots;
(5) the certified exclusive bargaining representatives of
air traffic controllers of the Administration certified under
section 7111 of title 5, United States Code;
(6) FAA subject matter experts, including aviation safety
inspectors; and
(7) other aviation safety experts determined appropriate by
the Administrator.
(d) Briefing.--Not later than 30 days after establishing the
process required under subsection (a), the Administrator shall brief
the appropriate committees of Congress on the implementation of this
section.
(e) Report.--Not later than 1 year after establishing the process
required under subsection (a), and annually thereafter, the
Administrator shall submit to the appropriate committees of Congress a
report containing--
(1) data on number and location of airborne loss of
separation events;
(2) the average time of notification to parties involved in
such events;
(3) identified locations of concern or other trends; and
(4) actions taken to mitigate identified risks and reduce
such events.
SEC. 121. SAFETY CULTURE REVIEW.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the inspector general of the Department of Transportation
shall initiate an audit of the safety culture and the safety management
system of the Air Traffic Organization.
(b) Considerations.--In conducting the audit under subsection (a),
the inspector general shall, at a minimum, evaluate--
(1) the safety management system of the Air Traffic
Organization, including the functions and data sharing
activities of such system at all air traffic control
facilities;
(2) whether such system effectively coordinated safety
assurance and safety risk management activities with external
stakeholders within the Ronald Reagan Washington National
Airport Class B airspace;
(3) which data analysis, safety assurance, and risk
assessment processes failed to identify and mitigate the risk
of potential midair collisions near Ronald Reagan Washington
National Airport before January 29, 2025;
(4) the failure of the Air Traffic Organization to
recognize external compliance verification results as
indicators of systemic traffic management, volume, and flow
issues at Ronald Reagan Washington National Airport for which
air traffic controllers were required to compensate to mitigate
such issues;
(5) the failure of the Air Traffic Organization to conduct
annual reviews of helicopter route charts as required by FAA
Order JO 7210.3EE, titled ``Facility Operation and
Administration'';
(6) the failure of the Air Traffic Organization to
understand and implement post-accident and post-incident drug
and alcohol testing as required by Department of Transportation
Order 3910.1D, titled ``Drug and Alcohol-Free Departmental
Workplace Program'';
(7) whether there are fears of retaliation against persons
identifying or reporting risks in accordance with the safety
management system; and
(8) how the Air Traffic Organization has addressed the
findings and utilized the Safety Risk Management process in
accordance with FAA Order 8040.4C, titled ``Safety Risk
Management Policy'' (or any successor document) in the National
Airspace System Helicopter Operations Helicopter Route Analysis
of the FAA issued in April 2025.
(c) Report of the Inspector General.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the inspector general shall submit to
the appropriate committees of Congress a report on the audit
conducted under subsection (a).
(2) Recommendations.--The inspector general shall include
in the report submitted under paragraph (1)--
(A) recommendations for actions the Secretary
should take with respect to the Air Traffic
Organization to--
(i) strengthen and adhere to the tenets of
the safety management system;
(ii) increase transparency in the safety
management system process, including by
adopting policies that provide assurances to
FAA employees that the Air Traffic Organization
is addressing any identified safety issues;
(iii) increase data sharing and
collaboration with external stakeholders;
(iv) protect against retaliation;
(v) encourage open, nonpunitive
communication; and
(vi) foster a just culture across the Air
Traffic Organization;
(B) recommendations for actions the Secretary may
take to ensure adequate oversight over the safety
management system of the Air Traffic Organization; and
(C) any other recommendations the inspector general
determines appropriate.
(d) Response to Recommendations.--Not later than 120 days after
submission of the report required under subsection (c)--
(1) the Secretary shall respond to any recommendations in
such report that are directed at the Department of
Transportation or FAA, respectively; and
(2) the Secretary shall submit to the appropriate
committees of Congress a report describing how the Secretary
intends to implement such recommendations.
SEC. 122. DOCUMENTATION OF CONTROL POSITION COMBINATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall review and revise, as appropriate,
regulations and standard operating procedures regarding the
documentation of the combination of air traffic control position
responsibilities, including each occurrence in which any air traffic
control position is combined with any other position, including a local
control position, operations supervisor, or controller-in-charge.
(b) Requirements.--In reviewing and revising the regulations
described in subsection (a), the Administrator shall--
(1) evaluate standard operating procedures, guidance, and
regulations regarding the combination of controller position
responsibilities described in subsection (a) that are in effect
prior to the date of enactment of this Act;
(2) examine the feasibility of digitizing, or providing an
electronic means of, the documentation described in subsection
(a);
(3) require the operations supervisor or controller-in-
charge to periodically review documentation of occurrences of
combined control position responsibilities described in
subsection (a) and submit a rationale for atypical occurrences
to the facility air traffic manager;
(4) consider air traffic facility type and staffing level;
and
(5) consult with representatives of--
(A) the exclusive bargaining representative of air
traffic controllers certified under section 7111 of
title 5, United States Code;
(B) organizations representing air traffic control
managers and operational supervisors; and
(C) aviation safety experts with specific knowledge
in information technology.
(c) Briefing to Congress.--Not later than 1 year after the
completion of the review required under subsection (a), the
Administrator shall brief the appropriate committees of Congress on
implementation of this section.
(d) Rule of Construction.--Nothing in this section may be construed
to interfere with any agreement between a governmental entity and the
exclusive bargaining representative of air traffic controllers
certified under section 7111 of title 5, United States Code, including
requirements under section 5333(b) of title 49, United States Code, and
section 7106(a) of title 5, United States Code.
(e) Definitions.--In this section:
(1) Controller-in-charge.--The term ``controller-in-
charge'' means an air traffic control specialist performing
duties of a shift supervisor in accordance with--
(A) FAA Order JO 7210.3EE, titled ``Facility
Operation and Administration'', issued on February 20,
2025; and
(B) FAA Order JO 7110.65BB, titled ``Air Traffic
Control'', issued on February 20, 2025.
(2) Operations supervisor.--The term ``operations
supervisor'' means managerial personnel responsible for the
direct supervision of air traffic control operational
personnel.
SEC. 123. REVIEW OF MILES-IN-TRAIL PROCEDURES OR AGREEMENTS.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Administrator shall complete a review of the miles-in-
trail standards in FAA Order JO 7210.3EE, titled ``Facility Operation
and Administration'' (or any successor document) to determine if such
standards provide for a separation of traffic that is appropriate for
operational safety.
(b) Considerations.--In conducting the review under subsection (a),
the Administrator may consider--
(1) the accuracy of the criteria used to determine the
miles-in-trail procedures for air traffic control facilities;
(2) whether additional criteria should be incorporated to
more appropriately reflect the traffic volume and operational
complexity of air traffic control facilities; and
(3) the findings and recommendations of the National
Transportation Safety Board.
(c) Standards Update.--Upon completion of the review conducted
under subsection (a), the Administrator shall update the miles-in-trail
standards in FAA Order JO 7210.3EE, titled ``Facility Operation and
Administration'' (or any successor document) to ensure such standards
are appropriate for operational safety.
(d) Review of Certain Facilities.--Not later than 90 days after the
completion of the review under subsection (a), the Administrator shall
initiate a review of the miles-in-trail procedures or agreements at all
air traffic control facilities located within Class B or Class C
airspace to ensure such procedures or agreements provide for a
separation of traffic that is appropriate for operational safety.
(e) Consultation.--In carrying out the review under subsection (d),
the Administrator shall consult with, at minimum--
(1) the exclusive bargaining representatives of the air
traffic controllers certified under section 7111 of title 5,
United States Code;
(2) organizations representing air traffic control managers
and operations supervisors;
(3) sponsors and operators of airports with air traffic
control facilities described in subsection (d);
(4) organizations representing the certified collective
bargaining representatives of pilots operating under part 121
of title 14, Code of Federal Regulations; and
(5) air carriers with operations at airports with air
traffic control facilities described in subsection (d).
(f) Report.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall submit to the appropriate
committees of Congress a report that includes--
(1) a list of air traffic control facilities identified
under subsection (d) as having miles-in-trail procedures or
agreements that did not provide for a separation of aircraft
traffic appropriate for operational safety; and
(2) steps that the Administrator has taken, or plans to
take, to modify the miles-in-trail procedures or agreements at
each facility listed under paragraph (1) to ensure such
procedures or agreements provide for a separation of traffic
that is appropriate for operational safety.
TITLE II--DEPARTMENT OF DEFENSE MATTERS
SEC. 201. DEPARTMENT OF DEFENSE MATTERS RELATING TO AVIATION SAFETY.
Title 10, United States Code, is amended by inserting after chapter
157 the following new chapter:
``CHAPTER 158--AVIATION SAFETY
``Sec. 2655. Definitions
``In this chapter:
``(1) The term `appropriate congressional committees' means
the congressional defense committees, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
``(2) The term `ADS-B Out' has the meaning given such term
in part 91.227 of title 14, Code of Federal Regulations.
``(3) The term `air traffic control services' means
services used for the monitoring, directing, control, and
guidance of aircraft or flows of aircraft and for the safe
conduct of flight, including communications, navigation, and
surveillance services and the provision of aeronautical
information.
``(4) The term `collision mitigation technology' means
equipment that--
``(A) receives and processes Automatic Dependent
Surveillance Broadcast transmissions that are broadcast
in accordance with parts 91.225 and 91.227 of title 14,
Code of Federal Regulations, or a successor regulation,
and other aviation advisory information from ground
stations; and
``(B) provides to an aircraft awareness with
respect to the location of other aircraft and traffic
advisories.
``(5) The term `Department of Defense aircraft' means any
aircraft, either manned or unmanned, that is owned, operated,
or controlled by the Department of Defense or operated pursuant
to a contract entered into by the Department of Defense.
``(6) The term `Joint Safety Council' means the council
established under section 185 of this title.
``(7) The term `National Capital Region' means--
``(A) the geographic area located within the
boundaries of--
``(i) the District of Columbia;
``(ii) Montgomery and Prince Georges
Counties in the State of Maryland;
``(iii) Arlington, Fairfax, Loudoun, and
Prince William Counties and the City of
Alexandria in the Commonwealth of Virginia; and
``(iv) all cities and other units of
government within the geographic areas
described in clauses (i) through (iii); or
``(B) the geographic area prescribed for such
region in the memorandum of agreement required by
section 2656 of this title, except that such geographic
area may not exceed the boundaries described in clauses
(i) through (iv) of subparagraph (A).
``(8) The term `rotary wing aviation safety management
system'--
``(A) means training, policies and practices
related to aviation safety; and
``(B) does not include equipment installed or
carried on aircraft for flight operations.
``(9) The term `sensitive aircraft data' means--
``(A) Department of Defense aircraft information
relating to classified aircraft, aircraft involved in
continuity of government operations or nuclear command
and control, fighter aircraft, bomber aircraft, or
unmanned aircraft systems;
``(B) other information which, when publicly
disclosed in the aggregate, would reveal the
capabilities of Department of Defense aircraft that
could reasonably be expected to cause serious damage to
national security; and
``(C) other data identified by the Secretary of
Defense as sensitive aircraft data.
``(10) The term `special mission' means any mission of the
Department of Defense relating to activities which, if
disclosed, could reasonably be expected to cause serious damage
to national security, including missions related to national
defense, military operational planning, operational mission
rehearsals, continuity of government operations, nuclear
command and control, homeland security, intelligence, or law
enforcement purposes, or for which collision mitigation
technology, ADS-B Out, or related equipment creates a unique
risk as identified by the Secretary of Defense.
``(11) The term `special mission aircraft' means a
Department of Defense aircraft performing a special mission,
either permanently or temporarily.
``(12) The term `unmanned aircraft system' has the meaning
given such term in section 44801 of title 49.
``Sec. 2656. Memorandum of agreement
``(a) Memorandum Required.--(1) Not later than September 30, 2026,
the Secretary of Transportation and the Secretary of Defense shall
enter into, and jointly submit to the appropriate congressional
committees a copy of, a memorandum of agreement which--
``(A) provides that fighter aircraft, bomber aircraft,
unmanned aircraft systems, and other special mission aircraft
that are not equipped or not yet equipped with collision
mitigation technologies or ADS-B Out, or similar technologies,
will be reasonably accommodated for safe operations in the
national airspace system and provided with necessary air
traffic control services; and
``(B) establishes policies governing the operation of
collision mitigation technologies and ADS-B Out, or similar
technologies, including proper maintenance and routine
verification practices for such systems, on Department of
Defense aircraft, consistent with this chapter.
``(2) The Secretary of Transportation and the Secretary of Defense,
or their designees, shall consult not less than semiannually on any
appropriate updates to the memorandum required under this section to
reflect safe, effective, and modern air traffic identification, air
space management, and related equipment.
``(b) Collision Avoidance Matters.--(1) The Secretary of Defense
shall, in negotiating the memorandum of agreement required under
subsection (a)--
``(A) ensure that, beginning on a date agreed to and set
forth in such memorandum or the date that is one year after the
date of the enactment of this section, whichever occurs first,
the Secretary of a military department may not authorize any
Department of Defense manned rotary wing aircraft to operate a
training mission in the National Capital Region unless such
aircraft is actively transmitting an ADS-B Out broadcast, or
similar technology, compatible with the traffic alert and
collision avoidance system of commercial aircraft unless--
``(i) such requirement is waived by the Secretary
of a military department; or
``(ii) such aircraft is carrying out a sensitive
mission;
``(B) prioritize the use of ADS-B Out, or a similar
technology, by Department of Defense manned rotary wing
aircraft when operating within a Class B Mode C veil within the
United States (as such term is defined in section 1.1 of title
14, Code of Federal Regulations), without impacting the
operational security of Department of Defense aircraft or
sensitive activities;
``(C) consistent with section 2657 of this title,
memorialize best practices for ensuring the correct
configuration of ADS-B Out and other transponders, including
routine intervals for verifying transponder settings and proper
operation;
``(D) clarify operational procedures regarding flight crew
authority to enable ADS-B Out transmission in flight, including
in response to air traffic or weather conditions; and
``(E) protect sensitive aircraft data from unnecessary
disclosure, including by mitigating risks regarding the
inadvertent disclosure of such data or information regarding
special missions.
``(2) In carrying out this section, the Secretary of Defense, in
consultation with the Secretary of Transportation, shall identify and
implement collision mitigation technology in Department of Defense
aircraft that are not fighter aircraft, bomber aircraft, unmanned
aircraft systems, or other special mission aircraft, by either
integrated system or standalone device, to provide traffic information
and audible alerts to flight crew while considering--
``(A) any need to protect such technology and associated
displays or audible alerts against man-made electronic
interference;
``(B) appropriate mitigations to known security
vulnerabilities associated with such technology and associated
displays or audible alerts;
``(C) appropriate safeguards for sensitive aircraft data,
classified material, equipment, or sensitive missions when
using or carrying electronic devices to receive or display
collision mitigation technology information or convey audible
alerts;
``(D) updated guidance, tactics, techniques, procedures, or
training related to electromagnetic emissions related to such
displays or audible alerts; and
``(E) placement in flightdeck, field of view of pilots, and
human factors, to ensure such technology is effective, may be
readily used, and has minimal risk of unexpected detachment.
``(3) Following the consultation required under paragraph (2), the
Secretary of Defense shall ensure that the Secretary of Transportation
receives accurate information regarding the configurations recommended
by each military department for each relevant aircraft type while such
aircraft operate in the national airspace system.
``(4) In implementing the memorandum of agreement required by this
section, the Secretary of Defense, or the Secretary of a military
department, may exempt from relevant portions of such memorandum an
individual aircraft on a case-by-case basis if such Secretary
determines that the aircraft--
``(A) is not airworthy, otherwise unrepairable, or not
reasonably expected to return to service; or
``(B) for which depot-level maintenance or a substantial
overhaul of avionics-related equipment is scheduled to occur
prior to December 31, 2030.
``(c) Notification Requirement.--The Secretary of Defense shall
provide to the Secretary of Transportation notification of any aircraft
the Secretary of Defense designates as a special mission aircraft
operating within the United States (as such term is defined in section
1.1 of title 14, Code of Federal Regulations), for purposes of this
chapter. Such notification may identify such aircraft by type, model,
series, or another means agreed to in the memorandum of agreement
required by subsection (a).
``(d) ADS-B Carriage.--In carrying out a memorandum of agreement
pursuant to this section or any other provision of law, in order to
protect the operational security of Department of Defense aircraft, the
Secretary of Defense shall retain the sole control over the
determination of which specific collision mitigation technology,
including ADS-B implementation, equipment, or related technology, is
appropriate for installation and operation in any such aircraft.
``Sec. 2657. Manned rotary wing aviation safety management system
``(a) In General.--The Secretary of Defense and the Joint Safety
Council shall ensure that, by not later than March 1, 2027, each
military department has a robust manned rotary wing aviation safety
management system. Each such system shall be designed to provide for--
``(1) responsibilities that are clearly delineated from
other occupational safety responsibilities; and
``(2) implementation in a manner that is integrated with
relevant units.
``(b) Qualification Protections.--The Secretary and the Joint
Safety Council shall ensure that the implementation of the rotary wing
aviation safety management system required under subsection (a) does
not preclude an individual assigned manned rotary wing aviation safety
management system duties from maintaining appropriate qualifications,
flying hours, professional military education, or other activities
required for career advancement on the basis of being assigned such
duties.
``(c) Aviator Survey.--The Secretary and the Joint Safety Council
shall carry out a survey of helicopter pilots across the Department of
Defense to identify operationally relevant and responsive flight safety
reporting systems. Such survey shall include the collection of
information regarding--
``(1) responsive reporting methods for identifying and
collecting important safety reporting;
``(2) systems for collecting relevant safety reporting that
may be used in conjunction with historical flight data to
provide insights that may be used in carrying out section 2659
of this title;
``(3) options for reporting safety incidents, including
encounters with civil air traffic operating in the national
airspace system without retaliation, judgment, or undue
consequence;
``(4) preserving reports of persistent issues with
communications, either incoming or outgoing, with air traffic
controllers or other aircraft in controlled airspace; and
``(5) integrating improved flight safety reporting into
current operations.
``(d) Report.--Not later than 90 days after the completion of the
survey required by subsection (c), the Secretary and the Joint Safety
Council shall submit to the congressional defense committees a report
containing--
``(1) an outline of the resources, both funding and
personnel, required to implement appropriate findings and
requirements of this section with respect to each military
department;
``(2) an assessment of which military department practices
most closely align with the best practicable solutions
identified pursuant to this section; and
``(3) a plan to implement such findings and requirements.
``(e) Authority of Joint Safety Council.--The Joint Safety Council
shall carry out the requirements under this section in a manner
consistent with section 185 of this title.
``Sec. 2658. Initial and recurring training on highly congested
airspace
``(a) Required Training.--The Secretary of Defense shall ensure
that, by not later than March 1, 2027, the flight crews for Department
of Defense manned rotary wing aircraft operating within the national
airspace system receive appropriate initial and recurring training
regarding fixed-wing operations in Class B airspace routinely
encountered in the course of operations from the assigned duty station
of the flight crew. Such training shall include training on approach
and departure paths, runway configurations, and the interaction of
those traffic flows with published helicopter routes.
``(b) Use of Historical Flight Data.--In developing the training
described in subsection (a), the Secretary shall consider historical
flight data from Department of Defense manned rotary wing aircraft
operating in the associated airspace.
``(c) Report.--Not later than March 1, 2027, the Secretary shall
submit to the congressional defense committees a report containing a
description of how each military department has implemented the
training requirements under subsection (a) and how the Secretary has
ensured consistency with respect to such implementation across the
military departments.
``Sec. 2659. Flight data monitoring improvements
``(a) In General.--The Secretary of Defense, in coordination with
the Administrator of the Federal Aviation Administration, shall develop
and implement standards across the military departments to ensure that
Department of Defense manned rotary wing aircraft operations in the
national airspace system, and associated training, routes, and
activities, are informed by accurate recorded flight data to identify
operational patterns, and improve pre-flight planning for missions
within the national airspace system.
``(b) Data Use.--In carrying out subsection (a), the Secretary
shall--
``(1) seek to use--
``(A) existing data sets and tools to allow for
convenient and expeditious use of such data at the
lowest possible level; and
``(B) systems that allow for flight data to be
evaluated for accuracy on a recurrent basis; and
``(2) consistent with subsection (f), conduct a review and
establish procedures to share non-sensitive flight data with
the Administrator of the Federal Aviation Administration and
other relevant flight safety actors.
``(c) Communications Degradation.--In carrying out subsection (a),
the Secretary of Defense shall collect observations, data, and
references regarding the degradation of radio transmission or reception
between Department of Defense manned rotary wing aircraft and air
traffic controllers or other aircraft and identify factors that may
contribute to such degradation and possible remediation.
``(d) Barometric Altimeters.--In carrying out subsection (a), the
Secretary of Defense shall--
``(1) promptly update appropriate manuals for Department of
Defense manned rotary wing aircraft to provide clear guidance
regarding--
``(A) the expected standard margin of error for
barometric altimeters for each class of aircraft; and
``(B) the total potential error created by
additional aircraft equipment on an otherwise airworthy
barometric altimeter, including increased position
error associated with the external stores support
system configuration; and
``(2) incorporate observations derived from other data
sources, including historical flight data monitoring from
external sources, to better understand total potential error of
barometric altimeters in different aircraft configurations.
``(e) Implementation Reporting.--The Secretary shall provide to the
congressional defense committees updates on--
``(1) the implementation of this section; and
``(2) the incorporation of the standards developed and data
collected pursuant to this section into the manned rotary wing
aviation safety management systems required under section 2657
of this title, to provide robust support to such systems.
``(f) Data Sharing.--(1) The Secretary of Defense shall--
``(A) conduct a review across the military departments to
identify flight data that may be readily shared with the
Secretary of Transportation; and
``(B) implement a process to share safety data with the
Secretary of Transportation.
``(2) To the extent the Secretary of Defense determines necessary,
data shared pursuant to paragraph (1) may be de-identified.
``Sec. 2660. Rule of construction
``Nothing in this chapter shall be construed to--
``(1) vest in the Secretary of Defense any authority of the
Secretary of Transportation or the Administrator of the Federal
Aviation Administration under title 49 or any other provision
of law;
``(2) vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of the Secretary of Defense under this title or any
other provision of law;
``(3) limit the authority or discretion of the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration to operate air traffic control services to
ensure the safe minimum separation of aircraft in flight and
the efficient use of airspace;
``(4) apply a rule, guidance, plan, carriage requirement,
or memorandum created, modified, or reissued pursuant to any
other provision of law to any Department of Defense aircraft
except through a process established in the memorandum of
agreement required under section 2656 of this title; or
``(5) require a Department of Defense aircraft to
compromise operational security during a combat operation.''.
SEC. 202. TREATMENT OF SUPERCEDED MEMORANDUM OF AGREEMENT AND PROVISION
OF LAW.
Effective on the date on which the memorandum of agreement required
by section 2656 of title 10, United States Code, as added by section
201 of this title, is submitted to the congressional defense
committees, the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, the following shall have no further force
or effect:
(1) Section 1046 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 49
U.S.C. 40101 note).
(2) The memorandum of agreement between the Department of
Defense and the Federal Aviation Administration entered into on
May 10, 2024.
SEC. 203. MANNED ROTARY WING AIRCRAFT SAFETY.
Section 2654 of title 10, United States Code, is repealed.
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