[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7613 Reported in House (RH)]
<DOC>
Union Calendar No. 528
119th CONGRESS
2d Session
H. R. 7613
[Report No. 119-608, Parts I and II]
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
April 9, 2026
Additional Sponsors: Mr. Webster of Florida, Mr. Bacon, Mr. Norcross,
Mr. Moulton, Mr. DesJarlais, Ms. McDonald Rivet, Mr. Alford, Mr. Kelly
of Mississippi, Mr. Shreve, Ms. Strickland, Mr. Larson of Connecticut,
Mr. Crank, Mr. Kennedy of Utah, Mr. Huffman, Mr. Goldman of New York,
Ms. Wasserman Schultz, Ms. Castor of Florida, Mr. Bost, Mr. Balderson,
Mr. Begich, Mr. Bilirakis, Mrs. Fletcher, Mr. Evans of Colorado, Mr.
Lucas, Mr. Smith of Nebraska, Mr. Van Orden, Mr. McDowell, Mr. Messmer,
Ms. Garcia of Texas, Mr. Kean, Ms. Stefanik, Mr. McGuire, Mr. Knott,
Mr. Finstad, Mr. Thanedar, Ms. McBride, Mr. Obernolte, Mr. Lawler, Mr.
Huizenga, and Mr. Thompson of California
April 9, 2026
Reported from the Committee on Armed Services with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
April 9, 2026
Reported from the Committee on Transportation and Infrastructure with
amendments, committed to the Committee of the Whole House on the State
of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in boldface roman]
[For text of introduced bill, see copy of bill as introduced on
February 20, 2026]
_______________________________________________________________________
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. [PLACEHOLDER].
SEC. 2. [PLACEHOLDER].
TITLE I--[PLACEHOLDER]
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.
``2656. Memorandum of agreement.
``2657. Required risk assessment and mitigation for special missions.
``2658. Manned rotary wing aviation safety management system.
``2659. Initial and recurring training on highly congested airspace.
``2660. Flight data monitoring improvements.
``2660a. Barometric altimeters.
``2660b. Transponder maintenance.
``2660c. Notifications and reports on certain near-miss events in
National Capital Region.
``2660d. Reports on individuals designated for purposes of special
mission exclusion.
``2660e. Rule of construction.
``Sec. 2655. Definitions
``In this chapter:
``(1) The term `ADS-B In' means technology that receives
and processes Automatic Dependent Surveillance-Broadcast (ADS-
B) transmissions that are broadcast in accordance with parts
91.225 and 91.227 of title 14, Code of Federal Regulations, and
other aviation advisory information from ground stations,
including Traffic Information Service-Broadcast (TIS-B) and
Automatic Dependent Surveillance-Rebroadcast (ADS-R).
``(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 `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.
``(5) The term `Class B Mode C veil' means any location
described in part 91.225(d)(2) of title 14, Code of Federal
Regulations.
``(6) The term `collision prevention technology' means
technology that--
``(A) has ADS-B In;
``(B) uses ADS-B data; and
``(C) provides, and is configured to provide,
alerting that is audible to the pilot and flight crew.
``(7) 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.
``(8) The term `historical flight data'--
``(A) means data derived from Department of Defense
or external sources regarding the actual flights taken
by relevant Department of Defense aircraft, such as
flight paths, altitudes, and other flight
characteristics, that would provide a point of
comparison to evaluate planned flights or review prior
flights for adherence to published flight routes or
flight plans; and
``(B) does not include notional data generated for
planning or training purposes.
``(9) The term `manned rotary wing aviation safety
management system'--
``(A) means training, policies and practices
related to rotary wing aviation safety; and
``(B) does not refer to equipment installed or
carried on aircraft for flight operations.
``(10) 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).
``(11) 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, special
mission aircraft, or unmanned aircraft systems; and
``(B) other information which, if publicly
disclosed or aggregated, would reveal the capabilities
of Department of Defense aircraft and could reasonably
be expected to cause serious damage to national
security.
``(12) The term `special mission'--
``(A) means any mission of the Department of
Defense relating to activities which, if publicly
disclosed, could reasonably be expected to cause
serious damage to national security; and
``(B) does not include--
``(i) unclassified flights;
``(ii) flight crew proficiency flights; or
``(iii) the transportation of any
Government official other than a head of an
executive department (as such term is defined
in section 101 of title 5), a member of the
Joint Chiefs of Staff, a commander of a
combatant command, or any other individual
designated by the President for purposes of
this paragraph.
``(13) The term `special mission aircraft' means a
Department of Defense aircraft performing a special mission,
either permanently or temporarily.
``(14) 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 that--
``(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
prevention technologies or ADS-B Out, or successor
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 prevention technologies and ADS-B Out, or successor
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 the designees thereof, shall consult not less frequently than
semiannually on any appropriate updates to the memorandum required by
this subsection 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 ensure that the memorandum of agreement required by subsection
(a) includes, at a minimum--
``(A) a requirement 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 mission in the National Capital Region unless such
aircraft is actively transmitting an ADS-B Out broadcast, or
successor technology, unless--
``(i) the Secretary of the military department, in
coordination with the Secretary of Transportation, has
conducted a safety risk assessment and implemented
mitigations, as appropriate, to ensure safety in the
National Capital Region; and
``(ii) such aircraft is carrying out a special
mission;
``(B) procedures requiring the use of ADS-B Out as the
default practice by Department of Defense manned rotary wing
aircraft when operating in the national airspace system, unless
such use would affect the operational security of Department of
Defense aircraft or special missions;
``(C) consistent with section 2660b of this title,
procedures for ensuring the correct configuration of ADS-B Out
and other transponders, including routine intervals for
verifying transponder settings and proper operation;
``(D) operational procedures to allow flight crews to
enable ADS-B Out transmission while in flight in the national
airspace system, including in response to air traffic or
weather conditions; and
``(E) provisions to protect sensitive aircraft data from
unnecessary disclosure, including by mitigating risks regarding
the inadvertent disclosure of such data or information
regarding special missions.
``(2)(A) The Secretary of Defense shall ensure that--
``(i) by not later than 180 days after the date on which
the Secretary of Defense and the Secretary of Transportation
submit to the appropriate congressional committees a copy of
the memorandum of agreement required by subsection (a),
Department of Defense aircraft that are not fighter aircraft,
bomber aircraft, unmanned aircraft systems, or other special
mission aircraft, are equipped and operating with an integrated
system, federated system, or standalone device that displays
traffic information to the pilot and flight crew; and
``(ii) by not later than December 31, 2031, such Department
of Defense aircraft are equipped and operating with an
integrated collision prevention technology system.
``(B) In carrying out subparagraph (A), the Secretary of Defense
shall take into consideration--
``(i) any need to protect the technology or systems
described in such subparagraph against man-made electronic
interference;
``(ii) appropriate mitigations to known security
vulnerabilities associated with such technology or systems;
``(iii) appropriate safeguards for sensitive aircraft data,
classified material, equipment, or special missions when
aircraft described in such subparagraph are equipped and
operating with collision prevention technology;
``(iv) updated guidance, tactics, techniques, procedures,
or training with respect to electromagnetic emissions related
to such technology and systems; and
``(v) placement in flight deck, 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) 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
subsection (a), 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, is otherwise unrepairable, or is
not reasonably expected to return to service;
``(B) is an aircraft for which depot-level maintenance or a
substantial overhaul of avionics-related equipment, including
the installation of collision prevention technology, is
scheduled to occur prior to December 31, 2030;
``(C) is scheduled to be retired from service prior to
September 30, 2028; or
``(D) is an unpowered aircraft not suitable for collision
prevention technology due to airframe limitations, including
gliders used for pilot instruction.
``(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) Collision Prevention Technology Equipage.--In implementing a
memorandum of agreement pursuant to this section or any other provision
of law, 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 prevention technology is
appropriate for installation and operation in any such aircraft.
``Sec. 2657. Required risk assessment and mitigation for special
missions
``(a) Risk Assessment.--The Secretary of each military department,
in coordination with the Secretary of Transportation, shall conduct a
risk assessment, and recommend and implement, as appropriate,
mitigations as a result of such assessment, to ensure safety in the
national airspace system for each type of planned or anticipated
special mission of a manned rotary wing aircraft of such military
department that would involve operations occurring in whole or in part
within a Class B Mode C veil airspace.
``(b) Implementation.--The requirement under subsection (a) shall
be carried out in a manner mutually agreed to by the Secretary of
Defense and the Secretary of Transportation in the memorandum of
agreement required by section 2656 of this title.
``(c) Initial Report.--(1) Not later than one year after the date
on which the Secretary of Defense and the Secretary of Transportation
submit to the appropriate congressional committees a copy of the
memorandum of agreement required by section 2656 of this title, the
Secretary of Defense shall submit to the congressional defense
committees a report on the types of special mission activities
assessed, and any mitigation recommended or implemented, pursuant to
subsection (a). Such report shall include, for each month during the
12-month period preceding the date of the submission of the report, the
actual number of special mission flights flown with ADS-B Out turned
off, in whole or in part, within a Class B Mode C veil airspace,
disaggregated by special mission activity.
``(2) The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
``(d) Subsequent Report.--(1) Not later than one year after the
date of the submission of the report under subsection (c), the
Secretary of Defense shall submit to the congressional defense
committees a report that includes, for each month during the 12-month
period preceding the date of the submission of the report, the actual
number of special mission flights that the Secretary of Defense has
flown with ADS-B Out turned off, in whole or in part, within a Class B
Mode C veil airspace, disaggregated by special mission activity.
``(2) The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
``Sec. 2658. Manned rotary wing aviation safety management system
``(a) Requirement.--The Secretary of Defense shall ensure that, by
not later than March 1, 2027, the Secretary of each military department
has established a robust manned rotary wing aviation safety management
system, or updated an existing such system, to provide for--
``(1) responsibilities with respect to such system that are
clearly delineated from other occupational safety
responsibilities;
``(2) staffing and other resources required for the
operation of such system; and
``(3) the implementation of such system in a manner that is
functionally integrated with relevant units.
``(b) Qualification Protections.--The Secretary shall ensure that
the implementation of a manned 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.--Not later than one year after the date of
the enactment of this section, the Secretary shall carry out a survey
of rotary aircraft flight crews 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) barriers to the use of such systems perceived by
pilots;
``(2) responsive reporting methods for identifying and
collecting important safety reporting;
``(3) 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 2660
of this title;
``(4) options for reporting safety incidents, including
encounters with civil air traffic operating in the national
airspace system, without retaliation, judgment, or undue
consequence;
``(5) preserving reports of persistent issues with
communications, either incoming or outgoing, with air traffic
controllers or other aircraft in controlled airspace; and
``(6) integrating improved flight safety reporting into
current operations.
``(d) Reports.--Not later than 90 days after the date on which the
survey under subsection (c) is completed, and on a semiannual basis
thereafter until December 31, 2031, the Secretary shall submit to the
congressional defense committees a report containing--
``(1) an outline of the funding and personnel resources
necessary to implement the requirements under subsection (a),
and appropriate findings from the survey under subsection (c),
with respect to each military department;
``(2) an outline of the safety functions, practices,
training, and reporting required under each manned rotary wing
aviation safety management system established or updated under
subsection (a);
``(3) an assessment of which military department practices
most closely align to the best practicable solutions identified
pursuant to the findings from the survey under subsection (c);
``(4) a plan to implement the requirements under subsection
(a) and appropriate findings from the survey under subsection
(c); and
``(5) a plan to ensure active duty units and National Guard
units receive the same benefits from an improved manned rotary
wing aviation safety management system.
``(e) Comptroller General Review.--(1) The Comptroller General of
the United States shall conduct a review of the efficacy of the manned
rotary wing aviation safety management systems established or updated
pursuant to subsection (a). Such review shall include--
``(A) an assessment of the extent to which the Secretary
has implemented the requirements under subsection (a);
``(B) an assessment of the extent to which the Secretary
has developed an approach to identify and mitigate any risks in
implementing subsection (a); and
``(C) any other matters the Comptroller General determines
are relevant.
``(2) Not later than September 1, 2027, the Comptroller General
shall provide to the congressional defense committees a briefing on the
preliminary findings of the review required under paragraph (1). The
Comptroller General shall provide to such committees the final results
of such review in a mutually agreed upon format and timeframe.
``Sec. 2659. 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, flight crews for Department of
Defense manned rotary wing aircraft operating in the national airspace
system receive appropriate initial and recurring training regarding
fixed-wing operations within Class B Mode C veil 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. 2660. Flight data monitoring improvements
``(a) In General.--Not later than one year after the date of
enactment of this section, the Secretary of Defense 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--
``(1) monitor operational patterns;
``(2) identify operational safety risks; and
``(3) support the development and implementation of
effective risk controls for missions in 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) conduct a review, and establish procedures based on
the results of such review, to ensure flight data is evaluated
for accuracy at an appropriate organizational level and on a
recurrent basis.
``(c) Implementation Updates.--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 2658
of this title.
``(d) 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. 2660a. Barometric altimeters
``(a) Manuals.--The Secretary of Defense shall promptly update, and
maintain, appropriate manuals of the Department of Defense for manned
rotary wing aircraft, to provide clear guidance regarding--
``(1) the expected standard margin of error for barometric
altimeters for each class of such aircraft; and
``(2) the total potential error resulting from additional
aircraft equipment with respect to an otherwise airworthy
barometric altimeter, including increased position error
associated with external stores support system configurations.
``(b) Incorporation of Data.--In updating the manuals under
subsection (a), the Secretary shall incorporate observations derived
from external data sources, including historical flight data monitoring
from external sources, to better understand the total potential error
of barometric altimeters in various aircraft configurations.
``(c) Training.--Not later than 30 days after the date on which the
Secretary updates the manuals under subsection (a), the Secretary shall
require appropriate refresher training for the crew of any aircraft
subject to such an updated manual.
``Sec. 2660b. Transponder maintenance
``(a) Required Intervals.--The Secretary of each military
department shall establish routine intervals for verifying the correct
configuration and function of ADS-B Out transponders, and related
equipment, for aircraft of such military department required to use
such transponders. Such intervals may not be less frequent than once
every 90 days.
``(b) Reports.--Not later than 30 days after the date of the
submission of the budget of the President under section 1105(a) of
title 31 for fiscal years 2028 through 2033, the Secretary of each
military department shall submit to the congressional defense
committees a report that details the following:
``(1) Compliance across such military department with
respect to the required maintenance intervals established under
subsection (a).
``(2) The total number of instances, disaggregated by
military installation, in which an ADS-B Out transponder was
not serviced in accordance with the applicable maintenance
interval established under subsection (a).
``(3) Any additional personnel, resources, or equipment
required to simplify or otherwise improve maintenance
requirements associated with carrying out this section.
``Sec. 2660c. Notifications and reports on certain near-miss events in
National Capital Region
``(a) Notifications.--Not later than one week after the date on
which a covered near-miss event occurs, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a notification of such event.
``(b) Establishment of Associated Definition.--Not later than 60
days after the date of the enactment of this section, the Secretary, in
coordination with a working group determined appropriate by the
Secretary, shall establish a definition of the term `close proximity
encounter' for purposes of this section.
``(c) Reports.--Not later than 180 days after the date on which the
definition under subsection (b) is established, on a biannual basis
thereafter for the following two-year period, and not less frequently
than annually thereafter, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report containing, with respect to the period covered by the
report--
``(1) an identification of the number of covered near-miss
events that occurred during such period;
``(2) for each such event, an identification of any cause
of such event;
``(3) a description any modification to relevant standard
operating procedures or other policies of the Department of
Defense issued, or planned to be issued, to address such
events; and
``(4) a description of the status of implementation of any
such modification.
``(d) Covered Near-miss Event Defined.--In this section, the term
`covered near-miss event' means a close proximity encounter (as such
term is defined pursuant to subsection (b)) that--
``(1) involves at least one Department of Defense aircraft;
and
``(2) occurs in the National Capital Region.
``Sec. 2660d. Reports on individuals designated for purposes of special
mission exclusion
``(a) Reports.--Not later than one year after the date of the
enactment of this section, and on an annual basis thereafter, the
President shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report containing, with respect to
the preceding year--
``(1) an identification of any individual designated by the
President for purposes of section 2655(12)(B)(iii) of this
title; and
``(2) a description of how often individuals so designated
were transported in connection with a mission that, but for
such designation, would be considered a special mission.
``(b) Form.--Each report under subsection (a) shall be submitted in
unclassified form, but may contain a classified annex.
``Sec. 2660e. 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 established, 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 by section 2656 of this title; or
``(5) require a Department of Defense aircraft to
compromise operational security during a combat operation.''.
SEC. 202. REPEAL OF PRIOR PROVISION OF LAW ON MANNED ROTARY WING
AIRCRAFT SAFETY.
Section 2654 of title 10, United States Code, is repealed.
SEC. 203. TREATMENT OF SUPERSEDED 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. 204. REPORT ON COMMUNICATIONS DEGRADATION.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing--
(1) an assessment on the degradation of radio transmission
or reception between Department of Defense aircraft and air
traffic controllers or other aircraft operating in the national
airspace system;
(2) an identification of factors that may contribute to
such degradation; and
(3) an assessment of potential actions to remediate such
degradation.
(b) Plan.--Not later than 90 days after the date on which the
Secretary submits to the congressional defense committees a copy of the
memorandum under section 2656 of title 10, United States Code, as added
by section 201 of this title, the Secretary shall submit to the
congressional defense committees a plan to leverage major avionics
upgrades or depot-level maintenance associated with the installation or
provision of collision prevention technology to upgrade communications
systems in Department of Defense aircraft (particularly with respect to
manned rotary wing aircraft), for the purpose of improving the clarity
and reliability of transmissions to and from such aircraft.
(c) Definitions.--In this section, the terms ``collision prevention
technology'' and ``Department of Defense aircraft'' have the meanings
given such terms in section 2655 of title 10, United States Code, as
added by section 201 of this title.
SEC. 205. ANNUAL REPORT ON PROFICIENCY FLIGHTS IN NATIONAL CAPITOL
REGION.
(a) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for each of the two
subsequent years, the Secretary of Defense shall submit to Congress a
report on the number of Department of Defense proficiency flights that
occurred in the National Capitol Region during the 12-month period
preceding the date of the submission of the report.
(b) National Capitol Region.--In this section, the term ``National
Capitol Region'' has the meaning given such term in section 2655(10) of
title 10, United States Code, as added by section 201.
SEC. 206. BRIEFING ON VIRTUAL CONSTRUCTIVE TRAINING.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall provide to the congressional
defense committees (as such term is defined in section 101(a)(16) of
title 10, United States Code) a briefing on the feasibility of using
virtual constructive training to optimize the amount of in-air training
used by the Armed Forces.
SEC. 207. TRANSPARENCY REGARDING MIDAIR COLLISION NEAR RONALD REAGAN
WASHINGTON NATIONAL AIRPORT ON JANUARY 29, 2025.
(a) Submissions to Congress.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Army shall submit to
the Committees on Armed Services of the House of Representatives and
the Senate--
(1) a copy of the command investigation of the midair
collision that occurred near Ronald Reagan Washington National
Airport on January 29, 2025, with redactions limited to those
necessary to protect the privacy of the flight crew involved;
and
(2) an implementation plan for the recommendations
contained therein.
(b) Inspector General of the Army Assessment.--
(1) Assessment.--Not later than 120 days after the date of
the enactment of this Act, the Inspector General of the Army
shall commence an assessment of the sufficiency of the
recommendations and implementation plan specified in subsection
(a)(2).
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Inspector General of the Army shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing--
(A) the results of the assessment under paragraph
(1); and
(B) any additional recommendations by the Inspector
General relating to the matters so assessed, as
applicable.
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.
Sec. 3. Findings; sense of Congress.
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 prevention systems.
Sec. 105. Prohibition on certain use of ADS-B data.
Sec. 106. Rulemaking accountability.
Sec. 107. Time-on-position limits.
Sec. 108. Controller threat and error management training.
Sec. 109. Controller visual separation training.
Sec. 110. Safety risk assessment tool.
Sec. 111. Operational rates at Ronald Reagan Washington National
Airport.
Sec. 112. Time-based flow management.
Sec. 113. Air traffic control facility levels.
Sec. 114. Working group to evaluate shared frequency around Ronald
Reagan Washington National Airport.
Sec. 115. Anti-blocking technology.
Sec. 116. Task force to identify improvements to air traffic controller
conflict alert system.
Sec. 117. Postaccident and postincident drug and alcohol testing.
Sec. 118. Further modifications to Ronald Reagan Washington National
Airport area helicopter routes.
Sec. 119. Requiring vertical separation near airports during critical
phases of flight.
Sec. 120. Helicopter Route Chart annual review.
Sec. 121. Visual charts.
Sec. 122. Close proximity encounters.
Sec. 123. Notification of close proximity encounters and analysis of
data.
Sec. 124. Safety culture and safety management review.
Sec. 125. Documentation of control position combinations.
Sec. 126. Review of miles-in-trail procedures or agreements.
Sec. 127. Closure of Helicopter Route 4.
TITLE II--[PLACEHOLDER]
SEC. 2. DEFINITIONS.
In this Act:
(1) ADS-B in.--The term ``ADS-B In'' means technology that
receives and processes Automatic Dependent Surveillance-
Broadcast transmissions that are broadcast in accordance with
part 91.225 and 91.227 of title 14, Code of Federal
Regulations, and other aviation advisory information from
ground stations, including traffic information service-
broadcast (TIS-B) and Automatic Dependent Surveillance-
Rebroadcast (ADS-R).
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(3) 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.
(4) Collision prevention technology.--The term ``collision
prevention technology'' means equipment, or a combination of
equipment, that--
(A) has ADS-B In;
(B) uses ADS-B data to provide the pilot and flight
crew with situational awareness of surrounding traffic
and traffic advisories; and
(C) provides, and is configured to provide,
alerting that is audible to the pilot and flight crew.
(5) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) On January 29, 2025, about 8:48 p.m. Eastern Standard
Time, a Sikorsky UH-60L operated by the United States Army
under the callsign PAT25 (Priority Air Transport 25) and an MHI
RJ Aviation (formerly Bombardier) CRJ700 operated by PSA
Airlines as American Airlines flight 5342, collided in flight
about 0.5 miles southeast of Ronald Reagan Washington National
Airport (DCA), Arlington, Virginia, and impacted the Potomac
River in southwest Washington, D.C.
(2) The 2 pilots, 2 flight attendants, and 60 passengers
onboard the airplane and 3 crewmembers onboard the helicopter
died.
(3) This tragedy represents the deadliest aviation disaster
in the United States since the crash of American Airlines
Flight 587 in 2001 and the first fatal major commercial
passenger flight accident in the United States since Colgan Air
Flight 3407 in 2009.
(4) Passengers aboard Flight 5342 included American
citizens from across the country and international travelers,
among them championship figure skaters and coaches returning
from competition, military servicemembers, and families
traveling for personal and professional reasons, each of whom
is mourned by loved ones.
(5) Crewmembers aboard Flight 5342 served their passengers
with professionalism and dedication and the three United States
Army soldiers aboard Priority Air Transport 25 gave their lives
in service to this Nation.
(6) Emergency responders from Alexandria City Fire
Department, Alexandria Police Department, Ann Arundel Fire
Department, Arlington County Fire & Rescue, Arlington County
Office of Emergency Management, Arlington Police Department,
Baltimore City Fire Department, Baltimore Police, Charles
County Fire and Rescue, DC Fire Department & EMS, DC
Metropolitan Police Department, Fairfax City Fire & Rescue,
Fairfax County Fire & Rescue Department, Federal Aviation
Administration, Federal Bureau of Investigation, Maryland
Natural Resources Police, Maryland State Police, Metropolitan
Police Department, Montgomery County Fire and Rescue,
Metropolitan Washington Airports Authority (MWAA) Fire &
Rescue, MWAA Police, NCR-Incident Management Team, Office of
Chief Medical Examiner of the District of Columbia, Prince
George's County Fire & Rescue, Prince William Fire & Rescue,
U.S. Air Force, U.S. Army, U.S. Army Corps of Engineers, U.S.
Coast Guard, U.S. Navy Supervisor of Salvage and Diving,
Virginia Department of Emergency Management, Virginia State
Police, and other local, state, and Federal agencies conducted
heroic rescue and recovery operations in frigid, dangerous
conditions--including near-freezing water temperatures and
strong winds--working tirelessly to recover all 67 victims and
reunite them with their loved ones.
(7) The National Transportation Safety Board (NTSB)
immediately launched a full investigation and, on March 7,
2025, issued urgent safety recommendations to prohibit
operations on Helicopter Route 4 during simultaneous runway
operations, which the Department of Transportation and Federal
Aviation Administration promptly implemented.
(8) The NTSB held a public meeting on January 27, 2026,
where the NTSB determined that the probable cause of the
accident was the FAA's placement of a helicopter route in close
proximity to a runway approach path; their failure to regularly
review and evaluate helicopter routes and available data, and
their failure to act on recommendations to mitigate the risk of
a midair collision near DCA; as well as the air traffic
system's overreliance on visual separation in order to promote
efficient traffic flow without consideration for the
limitations of the see-and-avoid concept.
(9) The NTSB determined that the lack of effective pilot-
applied visual separation by the helicopter crew, the tower
team's loss of situation awareness and degraded performance due
to the high workload of the combined helicopter and local
control positions and the absence of a risk assessment process
to identify and mitigate real-time operational risk factors,
and the Army's failure to ensure pilots were aware of the
effects of error tolerances on barometric altimeters in their
helicopters, were also causal to the collision.
(10) The NTSB further determined that contributing factors
included the limitations of the traffic awareness and collision
alerting systems on both aircraft, which precluded effective
alerting of the impending collision to the flight crews; an
unsustainable airport arrival rate, increasing traffic volume
with a changing fleet mix, and airline scheduling practices at
DCA, which regularly strained the DCA air traffic control tower
workforce and degraded safety over time; the Army's lack of a
fully implemented safety management system, which should have
identified and addressed hazards associated with altitude
exceedances on the Washington, DC, helicopter routes; the FAA's
failure across multiple organizations to implement previous
NTSB recommendations, including Automatic Dependent
Surveillance-Broadcast In, and to follow and fully integrate
its established safety management system, which should have led
to several organizational and operational changes based on
previously identified risks that were known to management; and
the absence of effective data sharing and analysis among the
FAA, aircraft operators, and other relevant organizations.
(11) The NTSB on January 27, 2026, adopted 74 findings and
issued 50 safety recommendations to the Department of
Transportation, the FAA, the United States Army, the Department
of Defense Policy Board on Federal Aviation, the inspector
general of the Department of Transportation, and RTCA Program
Management Committee to prevent similar accidents in the
future.
(12) The families of the victims have demonstrated
extraordinary courage and dignity in their grief, and have
called for accountability and systemic reform so that no other
family will endure such loss.
(13) Congress remains committed to ensuring that the
aviation system of the United States achieves the highest
possible standard of safety, and that the lessons of this
tragedy are fully learned and acted upon.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress mourns the loss of all 67 lives taken in the
midair collision near Ronald Reagan Washington National Airport
on January 29, 2025, and extends its deepest condolences to the
families, friends, and communities of all those who perished;
(2) Congress honors the four crew members of American
Airlines Flight 5342 who served their passengers with
professionalism and dedication;
(3) Congress honors the three United States Army soldiers
aboard Priority Air Transport 25, who gave their lives in
service to this nation;
(4) Congress honors the passengers of Flight 5342,
including the figure skaters and coaches of the United States
figure skating community and all other individuals whose lives,
achievements, and contributions to their families and
communities are irreplaceable;
(5) Congress commends the first responders who worked with
valor and dedication under dangerous conditions to conduct
rescue and recovery operations in the Potomac River;
(6) Congress affirms its full support for the National
Transportation Safety Board, its mission of independent
accident investigation, and the integrity of its investigative
process, and herein the ALERT Act responds to all of the 50
recommendations to prevent a similar tragedy from reoccurring;
(7) Congress further commits to conducting rigorous
oversight to ensure accountability for implementing these
safety recommendations and ensuring the systemic failures that
contributed to this disaster are fully addressed; and
(8) Congress pledges, on behalf of the American people,
that the 67 lives lost on January 29, 2025, will not be
forgotten, and that their memory will be honored by this
Nation's commitment to an aviation system that is worthy of the
trust placed in it by every passenger who boards an aircraft in
the United States.
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 hazards and safety benefits 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, 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) Cargo air carriers.
(5) Transport category aircraft manufacturers.
(6) General aviation aircraft manufactures.
(7) Avionics manufacturers.
(8) Exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code.
(9) Organizations representing certified collective
bargaining representatives of airline pilots.
(10) The certified bargaining representative of aviation
safety inspectors and engineers for the Federal Aviation
Administration.
(11) Aviation safety experts with specific knowledge of
human factors or human factors experts with specific knowledge
of aviation safety.
(12) Research institutions with relevant aviation safety or
human factors subject matter expertise.
(13) The National Transportation Safety Board.
(14) Any other stakeholders the Administrator determines
appropriate.
(c) Considerations.--In conducting the evaluation under subsection
(a), the Administrator shall consider, at a minimum--
(1) safety benefits to the public, including reductions in
the probability of midair and near-midair collisions;
(2) the benefits and risks to the ability of pilots and air
traffic controllers to ensure operational safety;
(3) false, misleading, or potentially overlapping alerts or
resolution advisories;
(4) technological advances in software logic to limit
nuisance or false alerts;
(5) air traffic control procedures and the impact of such
procedures on pilots and air traffic controllers during
critical phases of flight;
(6) training requirements for pilots and air traffic
controllers;
(7) to the greatest extent practicable, human factors,
including products by working groups related to human factors
in aviation safety;
(8) research and simulations of reduced resolution advisory
inhibit altitudes conducted by the National Transportation
Safety Board pursuant to Aviation Investigation Report AIR-26-
02 adopted on January 27, 2026; and
(9) any other considerations the Administrator determines
appropriate.
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 selected aircraft
to be equipped and operating with ACAS Xa that is--
(1) integrated and uses both ADS-B In and transponder
interrogations, as required under the RTCA minimum operational
performance standards for the Airborne Collision Avoidance
System (DO-385A, issued June 22, 2023); and
(2) is configured to provide visual and audible alerting to
the pilot and flight crew.
(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 subpart K of part 91 of
title 14, Code of Federal Regulations;
(4) business aviation operators;
(5) cargo air carriers;
(6) air ambulance operators;
(7) transport category aircraft manufacturers;
(8) general aviation aircraft manufactures;
(9) avionics manufacturers;
(10) supplemental type certificate holders;
(11) modification service providers;
(12) exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code;
(13) the certified bargaining representative of aviation
safety inspectors and engineers for the Federal Aviation
Administration;
(14) organizations representing certified collective
bargaining representatives of airline pilots;
(15) aviation safety experts with specific knowledge of
human factors or human factors experts with specific knowledge
of aviation safety;
(16) research institutions with relevant aviation safety or
human factors subject matter expertise;
(17) a representative from the National Transportation
Safety Board with subject matter expertise as an observer; and
(18) any other stakeholders the Administrator determines
appropriate.
(c) Considerations.--In developing the findings and recommendations
under subsection (a), the Committee shall consider--
(1) the anticipated certification timeline for ACAS Xa
equipment given the technical complexity and requisite
procedures for approval;
(2) the feasibility of using the Line Replaceable Units of
existing collision avoidance systems in such aircraft;
(3) the feasibility of using existing antennas of existing
collisions avoidance systems in such aircraft;
(4) the commercial availability of all necessary components
associated with integrated ACAS Xa;
(5) actions the Administrator can take to prioritize the
certification and installation of integrated ACAS Xa;
(6) related changes that may be required for the operating
rules and training necessary for air traffic controllers,
pilots, and others;
(7) harmonization of global standards associated with
collision avoidance systems; and
(8) any other considerations the Committee or the
Administrator determines appropriate.
(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.--
(1) In general.--Not later than 18 months after the
submission of the report under subsection (d) or 32 months
after the date of enactment of this Act (whichever is earlier),
the Administrator shall issue a notice of proposed rulemaking
to prohibit persons from operating selected aircraft unless
such aircraft are equipped and operating with ACAS Xa that--
(A) is integrated and uses both ADS-B In and
transponder interrogations, as required under the RTCA
minimum operational performance standards for the
Airborne Collision Avoidance System (DO-385A, issued
June 22, 2023); and
(B) provides visual and audible alerting to the
pilot and flight crew.
(2) Contents.--The notice of proposed rulemaking described
in paragraph (1) shall include, at a minimum--
(A) appropriate guidance for certification of ACAS
Xa;
(B) a deadline, not to exceed December 31, 2031,
for any newly manufactured selected aircraft to be
equipped with ACAS Xa that reflects various aircraft
types, appropriate maintenance cycles, and required
updates to appropriate guidance after certification of
ACAS Xa;
(C) a deadline, not to exceed December 31, 2031,
for existing selected aircraft to be retrofit with ACAS
Xa that reflects various aircraft types, appropriate
maintenance cycles, and required updates to appropriate
guidance after certification of ACAS Xa;
(D) if the new minimal operating performance
standards promulgated under subsection (f) require an
upgrade of software, an upgrade of hardware, or
additional training, a deadline for selected aircraft
to be upgraded, not to exceed December 31, 2033; and
(E) a process by which the Administrator may extend
the deadlines specified in subparagraphs (B) and (C),
not to exceed a period of 2 years, provided that the
Administrator provides a report to the appropriate
committees of Congress within 14 days of taking such
action, with the reasons justifying such action and an
assurance that safety will not be compromised by the
delay.
(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) Modification of Minimal Operating Performance Standards.--Not
later than 30 days after the issuance of a final rule under subsection
(e), the Administrator shall work with the appropriate standards-
setting organization to update the minimal operation standards for ACAS
Xa to--
(1) if the evaluation conducted pursuant to section 101
determines that inhibit altitudes can be safely decreased,
safely decrease the inhibit altitude in accordance with the
results of such evaluation;
(2) update traffic advisory aural alert standards to
include clock position, relative altitude, range, and vertical
tendency; and
(3) integrate directional traffic symbols into visual
displays.
(g) Technical Assistance.--The Administrator shall provide
technical assistance for facilitating equipage across the entire fleet
of affected aircraft, including, as appropriate, guidance under part 26
of title 14, Code of Federal Regulations, to provide support for
affected aircraft operators in complying with the requirements of this
section.
(h) Selected Aircraft Defined.--In this section, the term
``selected aircraft'' means aircraft that are required to be equipped
with traffic alert and collision avoidance systems as required in
sections 121.356, 135.180, and 91.1045 of title 14, Code of Federal
Regulations.
SEC. 103. AIRBORNE COLLISION AVOIDANCE SYSTEMS FOR ROTORCRAFT.
(a) In General.--Not later than December 31, 2026, the
Administrator shall take necessary action with the appropriate
standards-setting organization to finalize and publish minimum
operational performance standards for the collision avoidance system
known as ``Airborne Collision Avoidance System Xr'' (in this section
referred to as ``ACAS Xr'') that uses both ADS-B In and a second
independent source of target aircraft data, such as transponder
interrogations.
(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), or January 31, 2027, (whichever is
earlier), 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 and selected
powered-lift aircraft be equipped and operating with ACAS Xr
that has ADS-B In and is configured to provide visual and
audible alerting to the pilot and flight crew.
(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) an organization representing rotorcraft air
medical services;
(F) general aviation aircraft manufacturers;
(G) powered-lift aircraft operators and
manufacturers;
(H) avionics manufacturers;
(I) supplemental type certificate holders;
(J) modification service providers;
(K) exclusive bargaining representatives of air
traffic controllers certified under section 7111 of
title 5, United States Code;
(L) the certified bargaining representative of
aviation safety inspectors and engineers for the FAA;
(M) aviation safety experts with specific knowledge
of human factors or human factors experts with specific
knowledge of aviation safety;
(N) a career representative from the National
Transportation Safety Board with subject matter
expertise as an observer; and
(O) any other stakeholders the Administrator
determines appropriate.
(3) Considerations.--In developing the findings and
recommendations required under paragraph (1), the Committee
shall consider--
(A) any 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 equipment given the technical complexity and
requisite procedures for approval;
(C) a projected deadline for equipping newly
manufactured selected rotorcraft and selected powered-
lift aircraft with ACAS Xr that considers--
(i) the safety benefits of ACAS Xr;
(ii) the anticipated timeline needed for
the FAA to approve the installation of ACAS Xr
on various rotorcraft and powered-lift aircraft
or for various operations;
(iii) the commercial availability of the
necessary components associated with ACAS Xr;
and
(iv) the operational and technical
considerations associated with installing ACAS
Xr on newly manufactured selected rotorcraft
and selected powered-lift aircraft;
(D) a projected deadline to retrofit selected
rotorcraft and selected powered-lifted aircraft with
ACAS Xr that considers--
(i) the safety benefits of ACAS Xr;
(ii) the feasibility of using existing
antennas of existing collision prevention
systems equipped in selected rotorcraft and
selected powered-lift aircraft;
(iii) the feasibility and cost associated
with retrofitting selected rotorcraft and
selected powered-lift aircraft not equipped
with existing collision avoidance systems;
(iv) the commercial availability of the
necessary components associated with ACAS Xr;
and
(v) the operational and technical
considerations associated with retrofitting
selected rotorcraft and selected powered-lift
aircraft;
(E) actions that the Administrator can take to
prioritize the certification and installation of ACAS
Xr;
(F) the interaction of ACAS Xr with existing
collision prevention technologies;
(G) the efficacy of ACAS Xr in low-altitude and
high-density airspace environments;
(H) any available safety data assessing the
effectiveness of ACAS Xr in reducing midair collision
risk;
(I) related training for air traffic controllers,
pilots, and others;
(J) National Transportation Safety Board Aviation
Investigation Report AIR-26-02 adopted on January 27,
2026; and
(K) 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), or
24 months after the date of enactment of this Act (whichever is
earlier), the Administrator shall--
(A) issue a notice of proposed rulemaking to
prohibit persons from operating selected rotorcraft and
selected powered-lift aircraft unless such rotorcraft
or powered-lift aircraft are equipped and operating
with ACAS Xr that uses both ADS-B In and transponder
interrogations, as required under the minimum
operational performance standards as required under
subsection (a); and
(B) take necessary actions with the appropriate
standards-setting organization to modify the minimal
operational performance standards for ACAS Xr to--
(i) update traffic advisory aural alert
standards to include clock position, relative
altitude, range and vertical tendency; and
(ii) integrate directional traffic symbols
into visual displays.
(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 and selected powered-lift aircraft to be
equipped with ACAS Xr, considering the findings and
recommendations developed pursuant to subsection (b);
(D) a deadline for selected rotorcraft and selected
powered-lift aircraft to be retrofit with ACAS Xr,
considering the findings and recommendations developed
pursuant to subsection (b); and
(E) a deadline for selected rotorcraft and selected
powered-lift aircraft to be equipped with collision
prevention technology pursuant to section 104, not to
exceed December 31, 2031.
(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) Technical Assistance.--The Administrator shall provide
technical assistance to facilitating equipage across the entire fleet
of affected aircraft to provide support for selected rotorcraft
operators and selected powered-lift aircraft operators in complying
with the requirements of this section.
(e) Definitions.--In this section:
(1) Selected rotorcraft.--The term ``selected rotorcraft''
means a non-military rotorcraft operating in Class B airspace.
(2) Powered-lift aircraft.--The term ``powered-lift
aircraft'' has the meaning given the term ``powered-lift'' in
section 1.1 of title 14, Code of Federal Regulations.
(3) Selected powered-lift aircraft.--The term ``selected
powered-lift aircraft'' means a non-military powered-lift
aircraft operating in Class B airspace.
SEC. 104. COLLISION PREVENTION SYSTEMS.
(a) Final Rule.--Not later than 2 years after the date of enactment
of this Act, the Administrator shall issue a final rule with an
effective date not later than December 31, 2031, to require covered
aircraft to be equipped and operating with collision prevention
technology.
(b) Consultation.--In developing the final rule under subsection
(a), the Administrator shall consult with the following:
(1) Air carriers operating under part 135 of title 14, Code
of Federal Regulations.
(2) Air carriers operating under part 121 of title 14, Code
of Federal Regulations.
(3) Air carriers operating under part 91 of title 14, Code
of Federal Regulations.
(4) Organizations representing helicopter aviation
operators and pilots.
(5) Organizations representing the general aviation
community.
(6) Organizations representing business aviation operators.
(7) Organizations representing experimental aircraft
operators.
(8) Transport category aircraft manufacturers.
(9) General aviation aircraft manufactures.
(10) Rotorcraft manufacturers.
(11) Avionics manufacturers.
(12) Powered-lifted aircraft manufacturers.
(13) Supplemental type certificate holders.
(14) Aircraft modification service providers.
(15) Exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
States Code.
(16) Certified bargaining representative of aviation safety
inspectors and engineers for the FAA.
(17) Not fewer than 3 organizations representing certified
collective bargaining representatives of airline pilots
operating under part 121 of title 14, Code of Federal
Regulations.
(18) Aviation safety experts with specific knowledge of
human factors or human factors experts with specific knowledge
of aviation safety.
(19) The National Transportation Safety Board.
(20) Any other representative the Administrator determines
appropriate.
(c) Considerations.--In developing the final rule under subsection
(a), the Administrator shall consider--
(1) the safety benefits of collision prevention
technologies;
(2) relevant regulations, guidance, and policies for
traffic awareness and traffic advisory technology that uses
ADS-B In;
(3) ways in which ADS-B In software applications can be
used as of the date of enactment of this Act;
(4) software in existence on the date of enactment of this
Act, and reasonably projected thereafter, that can predict
aircraft movements, display surrounding traffic, and provide
visual and audible traffic advisories;
(5) the margin of error and accuracy of software described
in paragraph (4);
(6) the safety benefits of software described in paragraph
(4) in preventing conflicts with both aircraft and ground
vehicles on airport surfaces;
(7) the safety benefits of software described in paragraph
(4) in informing pilots or flight crews of operational risks,
including encounters with forecasted severe weather using
flight information services broadcast (FIS-B);
(8) the effort of the Administrator to modernize the air
traffic control system, including timelines, technologies being
incorporated, changes to operational rules, and training
requirements;
(9) the role of air traffic controllers in ensuring
aircraft separation, including the need for additional training
to air traffic controllers given the requirements of this
section;
(10) the necessity of certification for implementing
collision prevention technology based on type of aircraft and
operation;
(11) the capacity of the aerospace supply chain to
manufacture necessary equipment;
(12) the use of existing air traffic control deviation
authorization tools to implement the requirement in subsection
(g)(2);
(13) the requirements for the final rule as specified in
subsection (d);
(14) if available at the time of consideration, the results
of the studies on ADS-B Out equipage and development of low-
cost voluntary ADS-B as required by sections 808 and 810 of FAA
Reauthorization Act of 2024 (Public Law 118-63); and
(15) any other considerations the Administrator determines
appropriate.
(d) Requirements for Final Rule.--In issuing the final rule
required under subsection (a), the Administrator shall--
(1) establish performance requirements for equipping
collision prevention technology that, as determined by the
Administrator, are appropriate for the covered aircraft and the
operations, including the operating environment;
(2) in establishing the performance requirements described
in paragraph (1)--
(A) require such technology be configured to
provide visual and audible alerting to the pilot and
flight crew;
(B) consider the field of view of the pilots, human
factors, and, if applicable, mounting method of such
technology, to ensure that such technology can be
readily utilized and has minimal risk of unexpected
detachment;
(C) consider the reliability and resiliency of
alerts in environments where inputs or signals,
including GPS, can be jammed or spoofed; and
(D) consider the utilization of existing antenna
locations or the placement of new antenna used to
receive and, if applicable, transmit, data used in
collision prevention technology;
(3) identify existing or issue additional relevant guidance
or technical standard orders to carry out the requirements of
this section; and
(4) establish an effective date not later than December 31,
2031, for equipping the covered aircraft with technology
described in subsection (a) that reflects various aircraft
types, appropriate maintenance cycles, and required updates to
appropriate guidance for such technology after certification of
such technologies.
(e) Equivalent Level of Safety.--In issuing the final rule required
under this section, the Administrator shall allow for the use of any
collision prevention technology (including technology that uses
portable ADS-B In receivers or other equipment that displays on an
existing or future portable device, electronic flight bag, or panel
mounted display) available for use at the time of the effective date
established in subsection (d)(4), if the Administrator determines it
provides an equivalent level of safety as the requirements of the final
rule issued pursuant to subsection (a).
(f) Technical Assistance.--The Administrator shall provide
technical assistance to facilitating equipage across the entire fleet
of affected aircraft to provide support for affected aircraft operators
in complying with the requirements of this section.
(g) Covered Aircraft Defined.--In this section, the term ``covered
aircraft''--
(1) means any non-military aircraft, except a selected
aircraft as defined in section 102, that is required to be
equipped with ADS-B Out under section 91.225 of title 14, Code
of Federal Regulations; and
(2) excludes aircraft that have a limited category special
airworthiness certificate or an experimental airworthiness
certificate, provided the pilot of such aircraft is authorized
to deviate from the requirements of this section by air traffic
control in the same manner ADS-B Out deviations are approved
under section 91.225(g) of title 14, Code of Federal
Regulations.
SEC. 105. PROHIBITION ON CERTAIN USE OF ADS-B DATA.
(a) In General.--
(1) Limitation on use of data.--Data from Automatic
Dependent Surveillance-Broadcast may not be used by any person,
governmental agency, or other entity to identify aircraft for
the purpose of obtaining revenue from the owner or operator of
such aircraft, without the consent of such owner or operator.
(2) Use of data by air traffic controller.--Automatic
Dependent Surveillance-Broadcast data may be used to assist air
traffic controllers in tracking aircraft and improving air
traffic safety and efficiency.
(b) Limit on Use of ADS-B Data.--Section 46101(c)(1) of title 49,
United States Code, is amended by striking ``the Administrator of the
Federal Aviation Administration may not'' and inserting ``neither the
Administrator of the Federal Aviation Administration nor any other
Federal, State, local, territorial, or Tribal official may''.
SEC. 106. RULEMAKING ACCOUNTABILITY.
(a) Public Dashboard.--The Secretary shall establish, maintain, and
make available, on a publicly available website of the Department of
Transportation, a dashboard that displays, for the rulemakings required
in sections 102, 103, and 104--
(1) dates of publication and links to the minimum operating
performance standards referenced by and developed pursuant to
such sections;
(2) the date of establishment, membership roster, and
tasking memoranda (or similar document) for rulemaking
committees established pursuant to such sections;
(3) deadlines and actual dates for the submission for all
required rulemaking committee reports to the Administrator or
Congress;
(4) publication dates of and a link to any--
(A) advanced notice of proposed rulemakings
published pursuant to such sections;
(B) notice of proposed rulemakings published
pursuant to such sections; and
(C) revised notice of proposed rulemakings
published pursuant to rulemakings described in
subparagraphs (A) and (B);
(5) the opening and closing of public comment periods and a
link to public comments;
(6) the publication of and a link to any final rule issued
pursuant to such sections;
(7) all associated official correspondence with the
National Transportation Safety Board regarding related safety
recommendations; and
(8) any additional information the Secretary determines
will increase transparency without delaying the publication of
a final rule.
(b) Congressional and Family Briefing.--Not later than 180 days
after the date of enactment of this Act, and every 180 days thereafter
until the final rules required pursuant to sections 102, 103, and 104
are issued, the Administrator shall brief the appropriate committees of
Congress and the families of the victims of the midair collision
referenced in National Transportation Safety Board Aviation
Investigation Report AIR-26-02 adopted on January 27, 2026 on the
progress in issuing such final rules.
(c) Congressional Oversight in Case of Failure to Meet Deadlines.--
(1) In general.--If the Administrator fails to meet any
rulemaking deadline established in sections 102, 103, and 104,
the Administrator shall brief the appropriate committees of
Congress in person not later than 4 weeks after the date on
which such deadline is not met.
(2) Deadline for initial outreach and coordination.--Not
later than 4 days after the date described in paragraph (1),
the Administrator 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 the appropriate committees of Congress.
SEC. 107. TIME-ON-POSITION LIMITS.
(a) Time-on-position Limits.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator, in coordination with
organizations representing air traffic controller managers and
supervisors, shall establish time-on-position limits for
operations supervisory personnel.
(2) Considerations.--In developing the limits described in
paragraph (1), the Administrator shall--
(A) evaluate appropriate time-on-position limits
for operations supervisory personnel, prioritizing the
evaluation of such limits at Ronald Reagan Washington
National Airport and other air traffic facilities with
high volumes of mixed rotorcraft and airplane traffic;
(B) establish such limits 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) develop guidance for district and facility-
level management to adapt such limits to account for
their own staffing and local standard operating
procedures;
(D) consider the operational needs and staffing
levels of the air traffic facilities described in the
previous subparagraphs to ensure effective oversight
and monitoring of safety critical operations;
(E) consider air traffic control specialists
performing watch supervision in the controller-in-
charge position;
(F) consider requirements of FAA Order JO 7210.3EE,
titled ``Facility Operation and Administration'',
issued on February 20, 2025, or any successor document,
and FAA Order JO 7110.65BB, titled ``Air Traffic
Control'', issued on February 20, 2025, or any
successor document;
(G) consider data, reports, and best practices
pertaining to human factors; and
(H) consider any other items determined appropriate
by the Administrator.
(3) Consultation.--The Administrator may consult with the
exclusive bargaining representative of air traffic controllers
certified under section 7111 of title 5, United States Code.
(b) Rule of Construction.--Nothing in this section shall be
construed to interfere with any agreement between a governmental agency
and the exclusive bargaining representative of air traffic controllers
certified under section 7111 of title 5, United States Code, section
7106(a) of title 5, United States Code, or section 40122 of title 49,
United States Code.
(c) Definitions.--In this section:
(1) Controller-in-charge.--The term ``controller-in-
charge'' means the bargaining unit air traffic control
specialist responsible for providing watch supervision for the
continuous operation of an air traffic control facility or area
in any case in which operations supervisory personnel are not
available.
(2) 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.
(3) Operations supervisory personnel.--The term
``operations supervisory personnel'' means managerial personnel
responsible for the direct supervision of air traffic control
operational personnel.
SEC. 108. CONTROLLER THREAT AND ERROR MANAGEMENT TRAINING.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Administrator shall, in coordination with
the exclusive bargaining representative of air traffic controllers
certified under section 7111 of title 5, United States Code, develop
and implement initial, recurrent, and refresher training for air
traffic controllers on threat and error management that is instructor-
led and scenario-based.
(b) Consultation.--In developing the training under subsection (a),
the Administrator shall consult with representatives of--
(1) organizations representing air traffic control managers
and operations supervisors;
(2) aviation safety experts with specific knowledge of--
(A) human factors and human decision making in
realistic operational settings; and
(B) threat and error management best practices and
policies; and
(3) a career representative from the National
Transportation Safety Board with subject matter expertise as an
observer.
(c) Considerations.--In developing the training described in
subsection (a), the Administrator shall consider, at a minimum--
(1) the findings and recommendations of the National
Transportation Safety Board, including as contained in the
final aviation investigation report, AIR-26-02, adopted on
January 27, 2026, such as--
(A) training controllers to continuously monitor
their environment to more quickly and accurately
identify threats;
(B) promoting team communication to ensure that
communications are clear, timely, and assertive;
(C) emphasizing effective scanning habits;
(D) recognizing patterns in the development of
adverse events; and
(E) enhanced decision making under stress by
developing habits that balance procedural compliance
with problem-solving;
(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) the frequency of the recurrent and refresher training
described in subsection (a) and whether frequency 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 and refresher 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
Administrator.
(d) Implementation.--Not later than 90 days after the development
of the training under subsection (a), the Administrator shall revise
the orders of the FAA described in subsection (c)(2), or any successor
documents, and any corresponding policy or guidance materials, to
reflect the requirements of this section.
(e) Briefing to Congress.--Not later than 1 year after the training
requirements under this section and section 109 are established, the
Administrator shall brief the appropriate committees of Congress on the
implementation of such training and any potential recommendations for
improvements.
(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. 109. CONTROLLER VISUAL SEPARATION TRAINING.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall, in coordination with
the exclusive bargaining representative of air traffic controllers
certified under section 7111 of title 5, United States Code, develop
and implement initial, recurrent, and refresher training for air
traffic controllers on tower-applied and pilot-applied visual
separation procedures that is instructor-led and scenario-based.
(b) Consultation.--In developing and implementing the training
required under subsection (a), the Administrator shall consult with
representatives of--
(1) the certified bargaining representative of aviation
safety inspectors and engineers for the FAA;
(2) organizations representing certified collective
bargaining representatives of airline pilots;
(3) organizations representing air traffic control managers
and supervisors;
(4) organizations representing general aviation pilots; and
(5) aviation safety experts with specific knowledge of--
(A) human factors and human decision making in
realistic operational settings; and
(B) tower-applied and pilot-applied visual
separation procedures and regulations.
(c) Considerations.--In developing the training under subsection
(a), the Administrator shall consider, at a minimum--
(1) the findings and recommendations made by the National
Transportation Safety Board, including as contained in the
final aviation investigation report, AIR-26-02, adopted on
January 27, 2026;
(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) the frequency of the recurrent and refresher training
described in subsection (a), including--
(A) whether such frequency should be increased for
air traffic controllers in facilities managing high-
complexity or high-volume airspace; and
(B) the need for advance training and guidance
ahead of any changes to FAA visual separation policies;
(4) the appropriate use of tower simulator systems and
other advanced training technologies to supplement the
recurrent and refresher training described in subsection (a),
including the use of data analytics from such systems and
technologies to individualize instruction;
(5) the use of data analytics to identify systemic gaps in
the recurrent and refresher training described in subsection
(a) and to dynamically enhance training curriculum and
techniques;
(6) data gathered from aviation safety reporting programs;
and
(7) any other item determined appropriate by the
Administrator.
(d) Implementation.--Not later than 90 days after the development
of the training under subsection (a), the Administrator shall revise
the orders of the FAA described in subparagraph (c)(2), or any
successor documents, and any corresponding policy or guidance
materials, to reflect the requirements of this section.
SEC. 110. SAFETY RISK ASSESSMENT TOOL.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop a safety risk
assessment tool for use by air traffic controllers, including by
supervisory air traffic control personnel, to assist in airspace risk
identification, mitigation, and operational decision making.
(b) Considerations.--In carrying out subsection (a), the
Administrator shall consider, at a minimum--
(1) the development of a safety risk assessment tool
capable of supporting 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, including
as contained in the final aviation investigation
report, AIR-26-02, adopted on January 27, 2026;
(B) National Airspace System Safety Review Team as
contained in the final report titled ``Discussion and
Recommendations to Address Risk in the National
Airspace System'', issued on November 15, 2023; 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;
(8) the feasibility of leveraging commercially available
products or technologies that may be utilized to develop such
tool;
(9) benefits of incorporating such tool into a Common
Automation Platform; and
(10) any other factors determined relevant by the
Administrator.
(c) Coordination.--In developing the safety risk assessment tool
under subsection (a), the Administrator shall coordinate with--
(1) organizations representing air traffic control
supervisors and managers;
(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 human decision making in realistic
operational settings;
(5) organizations representing operators of Federal
contract towers pursuant to section 47124 of title 49, United
States Code; and
(6) any other stakeholders determined relevant by the
Administrator.
(d) Briefing to Congress.--Not later than 18 months after the date
of enactment of this Act, the Administrator shall brief the appropriate
committees of Congress on--
(1) the development of the safety risk assessment tool
required under this section and recommendations for
implementation;
(2) the progress of implementation described in subsection
(e); and
(3) any recommendations to improve the deployment of the
safety risk assessment tool.
(e) Implementation.--The Administrator shall deploy the safety risk
assessment tool developed under this section at--
(1) the Ronald Reagan Washington National Airport air
traffic control tower, not later than 1 year after the
development of the safety risk assessment tool;
(2) air traffic control facilities with high volumes of
mixed rotorcraft and airplane traffic not later than 18 months
after the development of the safety risk assessment tool; and
(3) any remaining air traffic control facilities not later
than 2 years after the development of the safety risk
assessment tool.
(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. 111. 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, including regional
air carriers and low-cost and ultra-low-cost air carriers.
(2) Air carriers operating under parts 91, including
subpart K, and 135 of title 14, Code of Federal Regulations,
authorized to conduct non-scheduled operations at Ronald Reagan
Washington National Airport.
(3) The exclusive bargaining representatives of air traffic
controllers certified under section 7111 of title 5, United
Sates Code.
(4) The Metropolitan Washington Airports Authority.
(5) Any other stakeholders the Administrator determines
appropriate.
SEC. 112. TIME-BASED FLOW MANAGEMENT.
Not later than 180 days 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. 113. AIR TRAFFIC CONTROL FACILITY LEVELS.
(a) Review of Air Traffic Control Facility Level Criteria.--
(1) In general.--The Administrator and the exclusive
bargaining representative of air traffic controllers certified
under section 7111 of title 5, United States Code, (in this
section referred to as the ``Parties'') may, at their joint
election, review and advise, as agreed to, the criteria and
procedures used to assess, determine, and validate the facility
pay levels of air traffic control facilities.
(2) Considerations.--In conducting a review under paragraph
(1), the Parties may consider--
(A) the many variables that may affect the
difficulty and complexity of air traffic control work,
including technological advancements, aviation industry
trends, and the modification or extension of air
traffic control services;
(B) weights and add-ons used to calculate the
traffic count index and other related formulas for air
traffic control facilities; and
(C) whether new weights and add-ons should be
incorporated into such formulas to more accurately
reflect the air traffic density and complexity of the
facility operations.
(b) Reassessment of Air Traffic Control Facility Levels.--
(1) Limitation.--No changes to facility pay levels due to
data source changes may be implemented until negotiations
pursuant to the collective bargaining agreement of the Parties
and title 49, United States Code, have been completed.
(2) Application of standard.--Upon completion of a review
conducted under subsection (a) and related negotiations
pursuant to the collective bargaining agreement of the Parties
and title 49, United States Code, the Parties shall apply the
standard in accordance with any agreements made pursuant to
this section at--
(A) the Ronald Reagan Washington National Airport;
and
(B) all other air traffic control facilities,
prioritizing facilities with high volumes of mixed
rotorcraft and airplane traffic.
(c) Rule of Construction.--Nothing in this section may be construed
to interfere with any agreement between a governmental agency and the
exclusive bargaining representative of air traffic controllers
certified under section 7111 of title 5, United States Code, or section
40122 of title 49, United States Code.
SEC. 114. 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) not fewer than 3 separate organizations representing
the certified collective bargaining representatives of pilots
operating under part 121 of title 14, Code of Federal
Regulations;
(4) air medical services;
(5) an organization representing helicopter aviation
operators and pilots;
(6) an organization representing business aviation
operators and pilots;
(7) air carriers operating under part 121 of title 14,
United States Code;
(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);
(12) the National Transportation Safety Board; and
(13) other organizations or agencies as determined
necessary by the Administrator.
(c) Local Operator Preference.--The members described in paragraphs
(3), (4), (5), (6), and (7) of subsection (b) shall be, or represent,
individuals who operate in the Washington, DC Metropolitan Area Special
Flight Rules Area, as defined in subpart V of part 93 of title 14, Code
of Federal Regulations.
(d) Government Representatives.--The members described in
paragraphs (11), (12), (13), (14), and, in the case of a representative
chosen by the Administrator that is from a governmental agency, (15) of
subsection (b)--
(1) may not be political appointees; and
(2) shall be nonvoting members of the Working Group.
(e) 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.
(f) 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 situation awareness;
(2) to the greatest extent possible, the human factors that
would impact pilot and air traffic controller situation
awareness;
(3) to the greatest extent possible, the human factors that
would impact pilot and air traffic controllers 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 115;
(9) the potential for misdirected, missed, or stepped on
communications if requiring all aircraft to use the same
communication frequency;
(10) National Transportation Safety Board recommendations
pertaining to miscommunications on crowded frequencies,
including relevant recommendations included in the National
Transportation Safety Board Aviation Investigation Report AIR-
26-02 adopted on January 27, 2026; 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.
(g) 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.
(h) Implementation.--Not later than 6 months after receiving
recommendations outlined in the report under subsection (g), the
Administrator shall operationally validate such recommendations and may
take such action, as appropriate, to implement such recommendations.
SEC. 115. 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, maturity, hazards, and safety benefits 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);
(3) results of simulations and testing; and
(4) a plan to implement the technologies listed under
paragraphs (1) and (2) if the assessment under subsection (a)
finds such technology can be safely implemented, 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. 116. 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 the human factors of
alert design and related impacts on human performance;
(6) 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;
(7) the FAA, including the Air Traffic Organization and the
Office of Finance and Management, provided such representative
has expertise on equipment procurement; and
(8) 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 and false 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.
(h) Implementation.--The Administrator shall immediately begin
implementing the Plan upon the submission of such Plan under subsection
(g)(1) to the appropriate committees of Congress.
(i) Briefings to Congress.--Not later than 6 months after the
submission of the Plan to the appropriate committees of 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. 117. POSTACCIDENT AND POSTINCIDENT DRUG AND ALCOHOL TESTING.
(a) Sense of Congress.--The Administrator shall abide by DOT Order
3910.1D, titled ``Drug and Alcohol-Free Departmental Workplace
Program'' (or any successor document) to ensure appropriate
postaccident and postincident drug and alcohol testing.
(b) Revision of Procedures.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall revise 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 based on an assessment of such
supervisor of whether the event meets testing criteria and which
controllers had duties pertaining to the involved aircraft without need
to wait for investigation or approval.
(c) Training.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall incorporate
training on the revised postaccident and postincident drug and
alcohol testing determination procedure described in subsection
(b) for all staff of the Air Traffic Organization who have
responsibilities under such procedure.
(2) Requirements.--The training described under this
subsection shall, at a minimum--
(A) be administered during initial training, and
annually thereafter; and
(B) include a postlearning knowledge assessment.
(d) Review.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall conduct a review of the ability of each FAA-operated 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) Requirements.--The review described under this
subsection shall, at a minimum, require each FAA-operated air
traffic control facility to conduct a demonstration to
establish the time that would be required for urine and breath
evidence collection to begin if testing were unexpectedly
needed during a time with the lowest routinely anticipated
level of resource availability for testing.
(3) Remediation.--After each review under paragraph (1),
the Administrator shall work with the Secretary to mitigate
identified barriers to timely postaccident and postincident
drug and alcohol testing, and to remediate the performance of
each facility for which the demonstration under paragraph (2)
indicated inability to meet required timeframes for
postaccident drug or alcohol testing.
(4) Report.--Not later than 3 months after each review
under paragraph (1), the Secretary shall submit to the
appropriate committees of Congress a report detailing the
results of the review, including facilities in need of
remediation, progress at facilities previously identified for
remediation, and planned approaches to remediation.
SEC. 118. 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, via the safety risk
management process in accordance with FAA Order JO 8040.4C, titled
``Safety Risk Management Policy'' (or any successor document), 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. 119. 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 convey minimum separation, in
accordance with FAA Order JO 7110.65BB, titled ``Air Traffic
Control'' (or any successor document), between--
(A) a helicopter or powered-lift aircraft 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 120.
SEC. 120. HELICOPTER ROUTE CHART ANNUAL REVIEW.
(a) Criteria Review.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, the
Administrator shall initiate a review of the criteria for
annual reviews of helicopter routes as required pursuant to FAA
Order JO 7210.3EE, titled ``Facility Operation and
Administration'' (or any successor document).
(2) Update of criteria.--After each annual criteria review
under paragraph (1), the Administrator shall update the
criteria based on such review and publish the updated criteria
on a publicly available website of the FAA.
(3) Changes to route reviews.--After any change is made to
FAA Order JO 7210.3EE, titled ``Facility Operation and
Administration'' (or any successor document) pursuant to
section 119(d), the Administrator shall update the criteria for
annual reviews of helicopter routes to reflect such change.
(b) Publication.--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).
(c) 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) A 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.
(d) 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. 121. 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 to
provide situation awareness to fixed-wing operators of the risk of
helicopter traffic operating in the vicinity of such operators.
(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) an organization representing emergency air medical
services;
(6) representatives of the Department of Defense and United
States Coast Guard who are not political appointees;
(7) not fewer than 3 separate organizations representing
certified collective bargaining representatives of airline
pilots operating under part 121 of title 14, Code of Federal
Regulations;
(8) the certified exclusive bargaining representatives of
air traffic controllers certified under section 7111 of title
5, United States Code; and
(9) 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) Implementation.--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. 122. 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) an objective 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
all such encounters, including date and location.
(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) National Transportation Safety Board aviation
investigation report AIR-26-02, adopted on January 27, 2026;
(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, including law enforcement
and air ambulance operators; 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.
(G) A career representative from the National
Transportation Safety Board with subject matter
expertise, as a nonvoting member.
(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) Implementation.--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 will implement such recommendations.
SEC. 123. 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,
titled ``Air Traffic Organization Occurrence Reporting'' (or any
successor document), FAA Order 8020.11D, titled ``Aircraft Accident and
Incident Notification, Investigation, and Reporting'' (or any successor
document), and FAA Advisory Circular AC 90-120, titled ``Operational
Use of Airborne Collision Avoidance Systems'' (or any successor
document), shall establish a process to--
(1) notify, with respect to each event, parties involved
with--
(A) a near midair collision event;
(B) a traffic collision avoidance system resolution
advisory event;
(C) a close proximity encounter, as defined
pursuant to section 122; and
(D) any other events, as determined by the
Administrator; 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 events
described in subsection (a)(1);
(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 of events described in
subsection (a)(1); 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) airborne loss of separation; 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 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) organizations representing powered-lift operators;
(9) organizations representing certified collective
bargaining representatives of airline pilots;
(10) the certified exclusive bargaining representatives of
air traffic controllers of the Administration certified under
section 7111 of title 5, United States Code;
(11) FAA subject matter experts, including aviation safety
inspectors; and
(12) 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--
(A) near midair collision events;
(B) traffic collision avoidance system resolution
advisory events; and
(C) close proximity encounters, as defined pursuant
to section 122;
(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.
(f) Protection of Data.--
(1) In general.--Data collected in response to subsection
(a) shall be used solely for safety assurance and safety risk
management.
(2) Consistency with existing safety programs.--The
Administrator shall ensure consistency with existing voluntary
safety programs, including the Aviation Safety Action Program,
the Aviation Safety Reporting System, the Air Traffic Safety
Action Plan, and flight operational quality assurance programs.
SEC. 124. SAFETY CULTURE AND SAFETY MANAGEMENT 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 and the Aviation Safety
Management 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 and the Aviation Safety Management Organization,
including the functions and data sharing activities of such
system at all air traffic control facilities;
(2) whether such system effectively coordinates safety
assurance and safety risk management activities with external
stakeholders consistent with FAA requirements for operators
under section 5.57 of title 14, Code of Federal Regulations;
(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 and the
Aviation Safety Management 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 and the
Aviation Safety Management 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 and the
Aviation Safety Management 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 and the Aviation
Safety Management Organization have 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 and the Aviation Safety Management
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 and the Aviation Safety
Management 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. 125. 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,
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 procedures
described in subsection (a), the Administrator shall--
(1) evaluate procedures and guidance 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 to periodically
review documentation of occurrences of combined control
position responsibilities described in subsection (a) and
report on deviations from the standard operating procedures 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 agency and the
exclusive bargaining representative of air traffic controllers
certified under section 7111 of title 5, United States Code or 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. 126. 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 and procedures 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 and procedures to ensure such standards and procedures 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, business aviation, and general aviation
operators 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.
SEC. 127. CLOSURE OF HELICOPTER ROUTE 4.
(a) In General.--Operations on Helicopter Route 4, as such Route
existed on January 29, 2025, on the segment located between Hains Point
and the Woodrow Wilson Memorial Bridge in the District of Columbia
shall be prohibited.
(b) Segment Elimination.--The segment of Helicopter Route 4
described in subsection (a) shall remain eliminated from helicopter
charts.
TITLE II--[PLACEHOLDER]
Amend the title so as to read: ``A bill to require certain
aircraft to be equipped and operating with collision prevention
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.''.
Union Calendar No. 528
119th CONGRESS
2d Session
H. R. 7613
[Report No. 119-608, Parts I and II]
_______________________________________________________________________
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.
_______________________________________________________________________
April 9, 2026
Reported from the Committee on Armed Services with an amendment
April 9, 2026
Reported from the Committee on Transportation and Infrastructure with
amendments, committed to the Committee of the Whole House on the State
of the Union, and ordered to be printed