[House Report 119-608]
[From the U.S. Government Publishing Office]
119th Congress } { Rept. 119-608
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
=======================================================================
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.--Ordered to be printed
----------------
Mr. Rogers of Alabama, from the Committee on Armed Services,
submitted the following
R E P O R T
[To accompany H.R. 7613]
The Committee on Armed Services, to whom was referred the
bill (H.R. 7613) to require certain aircraft to be equipped
with collision mitigation technology, to improve helicopter
route safety and separation around airports, to update air
traffic control processes and procedures, to address national
airspace system safety in Department of Defense activities, and
for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 10
Background and Need for Legislation.............................. 10
Section-by-Section Analysis of Legislation....................... 12
Title II--Department of Defense Matters...................... 12
Sec. 201--Department of Defense Matters Relating to
Aviation Safety........................................ 12
Sec. 202--Repeal of Prior Provision of Law on Manned
Rotary Wing Aircraft Safety............................ 14
Sec. 203--Treatment of Superseded Memorandum of Agreement
and Provision of Law................................... 14
Sec. 204--Report on Communications Degradation........... 14
Sec. 205--Annual Report on Proficiency Flights in
National Capitol Region................................ 14
Sec. 206--Briefing on Virtual Constructive Training...... 14
Sec. 207--Transparency Regarding Midair Collision Near
Ronald Regan Washington National Airport on January 29,
2025................................................... 14
Committee Position............................................... 15
Committee Votes.................................................. 15
Oversight Findings............................................... 17
New Budget Authority and CBO Cost Estimate....................... 17
Committee Cost Estimate.......................................... 17
General Performance Goals and Objectives......................... 17
Duplication of Federal Programs.................................. 17
Hearings......................................................... 17
Advisory of Earmarks............................................. 17
Statement of Federal Mandates.................................... 18
Federal Advisory Committee Statement............................. 18
Applicability to the Legislative Branch.......................... 18
Changes in Existing Law Made by the Bill, As Reported............ 18
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
Purpose and Summary
The purpose of H.R. 7613, as amended, is to require certain
aircraft to be equipped and operating with collision mitigation
technology and to address national airspace system safety in
Department of Defense activities, and for other purposes.
Background and Need for Legislation
On January 29, 2025, American Airlines Flight 5342 departed
from Dwight D. Eisenhower National Airport (ICT) in Wichita,
Kansas, to Ronald Reagan Washington National Airport (DCA). Air
traffic controllers at DCA instructed American Airlines Flight
5342 to land on runway 33. While on final approach, an Army UH-
60 ``Black Hawk'' helicopter collided with American Airlines
Flight 5342 resulting in both aircraft impacting the Potomac
River. The two pilots, two flight attendants, and 60 passengers
onboard the airplane and three crew members on the helicopter--
67 people--died. This mid-air collision was the deadliest
aviation accident, in terms of lives lost, in the United States
since 2001. Immediately following the collision, Federal
authorities, alongside State and local first responders from
Maryland, Virginia, and Washington, D.C., launched an
aggressive search and rescue mission on the Potomac River.
Furthermore, the National Transportation Safety Board (NTSB)
launched an immediate investigation into the collision to
determine the probable cause, contributing factors and
findings, and issue recommendations to the appropriate Federal
agencies.
On March 7, 2025, the NTSB issued an urgent recommendation
report containing two recommendations on mitigating the risk of
mid-air collisions at DCA. The NTSB's urgent safety
recommendations cautioned the Federal Aviation Administration
(FAA) to prohibit operations on helicopter Route 4 between
Hains Point and the Wilson Bridge while Runways 15/33 were
being used at DCA. The NTSB successfully closed this urgent
recommendation citing the FAA's response ``exceeded
recommendation action'' on May 2, 2025. Additionally, the NTSB
cautioned the FAA to designate an alternative helicopter route
that could be used to facilitate travel between Hains Point and
the Wilson Bridge when that segment of helicopter Route 4 was
closed. To date, the NTSB classifies this urgent safety
recommendation as ``open-acceptable response.''
Following the NTSB's urgent safety recommendations, the FAA
took immediate action to improve safety around DCA, including
by:
(1) permanently restricting non-essential helicopter
operations around DCA and eliminating helicopter and
fixed-wing mixed traffic;
(2) permanently closing helicopter Route 4 between
Hains Point and the Wilson Bridge and evaluated
alternative helicopter routes;
(3) keeping traffic at specific distances from fixed-
wing aircraft in the event a helicopter needed to
transit through the airspace on an urgent mission
(lifesaving medical evacuations, priority law
enforcement missions, or Presidential transport);
(4) prohibiting the simultaneous use of Runways 15/33
and 4/22 when helicopters are conducting those urgent
missions around DCA airspace; and
(5) limiting the use of visual separation to certain
Coast Guard, Marine Corps, and Park Police helicopter
operations outside of the restricted airspace.
Additionally, the FAA conducted a deeper analysis of other
airports in the National Airspace System (NAS) with high
volumes of mixed traffic operations, utilizing machine learning
and language modeling.
During the NTSB's Board meeting on January 27, 2026, the
Board adopted a final report, which was subsequently published
on February 17, 2026, that contained the probable cause of the
collision, findings, and 50 new safety recommendations. Of the
50 safety recommendations: 33 recommendations were directed to
the FAA, 8 recommendations were directed to the United States
Army, 5 recommendations were directed to the Department of
Defense's Policy Board on Federal Aviation, 2 recommendations
were directed to the Department of Transportation (DOT), 1
recommendation was directed to the DOT Office of Inspector
General, and 1 recommendation was directed to the Radio
Technical Commission for Aeronautics (RTCA) Program Management
Committee.
In the final report, the NTSB determined that the probable
cause of the collision was primarily the FAA's placement of
helicopter Route 4 near the runway approach path, the FAA's
failure to regularly review helicopter routes and available
data, and the overreliance on visual separation. Causal factors
were determined to be ineffective application of the see-and-
avoid concept within visual separation procedures, air traffic
controls loss of situational awareness and high workload, lack
of alerts to both flight crews, and the helicopter crew's lack
of awareness of their altimeter tolerances. Additionally, the
Board identified contributing factors which included: (1) the
limitations of traffic awareness, collision avoidance
technology, and alerts, (2) an unsustainable aircraft arrival
rate at DCA, (3) the Army's inadequate safety management system
(SMS), (4) the FAA's failure to fully integrate SMS, and (5)
the absence of effective data sharing among the FAA, aircraft
operators, and others. The culmination of the NTSB's year-long
investigation revealed the need for systemic reform across
several areas of aviation, including: the need to enhance
situational awareness for flight crews and air traffic
controllers, the need to improve helicopter route safety and
separation around airports, the need to improve air traffic
control processes and procedures, the need to address the
shortcomings in the FAA and Army's safety culture and data
sharing mechanisms, the need to reduce conflict in and around
the airspace of the DCA, and the need to overhaul cooperation
between the military and the FAA.
To advance adoption of NTSB's safety recommendations, on
February 20, 2026, the leaders of the House Committee on
Transportation and Infrastructure and House Committee on Armed
Services introduced the Airspace Location and Enhanced Risk
Transparency Act of 2026 (ALERT Act). The ALERT Act, as
amended, is a comprehensive package that addresses all 50
safety recommendations issued by the NTSB in its final report.
Specifically, the ALERT Act takes important steps to improve
safety throughout the NAS by ensuring civil aircraft are
equipped and operating with technology to enhance flight crew
alerting and controller situational awareness, requiring
updates to helicopter route safety and separation requirements,
requiring updates to air traffic control processes and
procedures to promote safety, investigating the shortcomings in
safety culture and data sharing at the FAA and the Department
of Defense (DOD), strengthening safety standards for military
aircraft and enhancing cooperation between the FAA and the DOD,
enhancing the requirements and guidance for collision avoidance
technology for military aircraft operating in the NAS, and
requiring flight data sharing between the FAA and the DOD.
On March 26, 2026, the Transportation and Infrastructure
and Armed Services Committees of the House of Representatives
marked up their respective titles of the ALERT Act. Title I of
the ALERT Act pertains to civil aviation matters, and is within
the Committee on Transportation and Infrastructure's
jurisdiction, while Title II of the ALERT Act pertains to
Department of Defense matters, under the Committee on Armed
Service's jurisdiction. Both committees ordered their
respective titles to be reported to the House with a favorable
recommendation, with amendment, by unanimous recorded vote. The
Committee on Transportation and Infrastructure will file a
separate report to accompany Title I of the ALERT Act. This
report will cover Title II of the ALERT Act, as ordered
reported by the Committee on Armed Services.
Section-by-Section Analysis of Legislation
TITLE II--DEPARTMENT OF DEFENSE MATTERS
Sec. 201--Department of Defense Matters Relating to Aviation Safety
This section permanently codifies in law (via a new chapter
in title 10, United States Code) the following critical safety
requirements for military aircraft:
Sec. 2655--Definitions--This section defines key terms to
implement language in this new chapter of title 10, including
terms for collision prevention technology and sensitive
aircraft data. This section also defines `Special Mission' for
the purpose of limiting when certain Department of Defense
(DOD) aircraft are exempt from transmitting ADS-B Out.
Sec. 2656--Memorandum of agreement--This section requires
the Secretary of Defense and Secretary of Transportation to
reach an updated agreement regarding the use of collision
mitigation technologies, including ADS-B In and Out. This
section requires the broadcast of ADS-B Out as the default
practice for all DOD rotary wing aircraft operating in the
National Airspace System. This section requires fast adoption
of collision prevention technology (ADS-B In) via tablets or
standalone displays within 1 year of enactment for all DOD
aircraft operating in the National Airspace System except
fighters, bombers, and unmanned aircraft. This section requires
the installation of collision prevention technology (ADS-B In)
with integrated cockpit displays and audible alerts by December
2031 for DOD aircraft operating in the National Airspace System
except fighters, bombers, and unmanned aircraft. This section
also addresses the proper configuration of ADS-B Out
transmissions and requires new guidelines to clarify that
flight crews have the authority to enable ADS-B Out at their
discretion in response to air traffic or weather conditions.
This section addresses NTSB Recommendations A-26-44, A-26-51,
A-26-52, and A-26-53.
Sec. 2657--Required risk assessment and mitigation for
special missions--This section requires the Secretary of
Defense to coordinate with the Secretary of Transportation to
carry out safety risk assessments for each type of special
mission that is flown in highly congested airspace and report
to Congress on those missions.
Sec. 2658--Manned rotary wing aviation safety management
system--This section requires new or updated rotary wing
aviation safety management systems in each military department.
This approach ensures that practices are joint and repeatable
across services. This section also requires that aviation
safety duties be implemented in a way that allows for career
progression and continued flying hours.
This section also requires servicemember aviator surveys on
safety reporting, including encounters with civil air traffic,
and the best ways to preserve reports of persistent issues with
communications between military aircraft and air traffic
controllers. The Department of Defense shall provide Congress a
report outlining the findings of this section and the resources
required to implement best practices. This section addresses
NTSB Recommendations A-26-46, A-26-47, A-26-48, and A-26-50.
Sec. 2659--Initial and recurring training on highly
congested airspace--This section requires initial and recurring
training on flights near congested airspace, including
helicopter routes. The DOD must consider the use of historical
flight data to provide training informed by real world flight
practices. This section also requires a report to Congress on
how the training will be implemented consistently across the
military departments. This section addresses NTSB
Recommendations A-26-41 and A-26-45.
Sec. 2660--Flight data monitoring improvements--This
section requires that the DOD to establish new flight data
monitoring programs. These programs include new training and
routing evaluations based on historical flight data, and
require better integration of real-world data into pre-flight
planning and risk management. This section focuses on pushing
flight data tools down to the unit level to drive adoption and
operational use. This section also requires new processes for
sharing flight data with the Federal Aviation Administration
and other flight safety stakeholders to improve transparency.
The Department of Defense must report to Congress on the
implementation of each of these items and their integration
into the manned rotary wing aviation safety management system
required by section 2658. This section addresses NTSB
Recommendations A-26-42, A-26-43, A-26-45, A-26-47, A-26-49,
and A-26-50.
Sec. 2660a--Barometric altimeters--This section requires
updates to manuals of impacted aircraft regarding margins of
error for barometric altimeters and information regarding
additional error associated with external stores system. This
section also requires refresher training for flight crews on
these manual updates. This section addresses NTSB
Recommendation A-26-43.
Sec. 2660b--Transponder maintenance--This section requires
that each military department verify the correct operation of
ADS-B Out transponders not more than every 90 days and report
on the implementation of this section. This section addresses
NTSB Recommendation A-26-44.
Sec. 2660c--Notifications and reports on certain near-miss
events in the National Capital Region--This section requires
establishment of a definition of near miss events,
notifications to the Senate Committee on Armed Services and the
House Committee on Armed Services regarding near miss events,
and reports regarding any changes in standard operating
procedures as a result of these events.
Sec. 2660d--Reports on individuals designated for purposes
of special mission exclusion--This section requires a report to
the Senate Committee on Armed Services and the House Committee
on Armed Services regarding the use of exceptions granted by
the President for purposes of section 2655(12)(B)(iii).
Sec. 2660e--Rule of Construction--This section protects
inherent DOD and Department of Transportation statutory
authorities.
Sec. 202--Repeal of Prior Provision of Law on Manned Rotary Wing
Aircraft Safety
This section repeals section 2654 of title 10, United
States Code, that was enacted by the National Defense
Authorization Act for Fiscal Year 2026 (Public Law 119-60).
Sec. 203--Treatment of Superseded Memorandum of Agreement and Provision
of Law
This section provides for a transition from the
requirements of section 1046 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232) and the memorandum of agreement between the Department of
Defense and the Federal Aviation Administration entered into on
May 10, 2024, to the new memorandum required by this Act.
Sec. 204--Report on Communications Degradation
This section requires a report on communications
degradation and requires the Department of Defense to submit a
plan to Congress to utilize major avionics upgrades as
opportunities to install new technology to address these
issues. This section addresses NTSB Recommendation A-26-49.
Sec. 205--Annual Report on Proficiency Flights in National Capitol
Region
This section requires reports to Congress on certain
flights conducted in the National Capitol Region.
Sec. 206--Briefing on Virtual Constructive Training
This section requires a briefing to the congressional
defense committees on the use of virtual flight training by the
Armed Forces.
Sec. 207--Transparency Regarding Midair Collision Near Ronald Regan
Washington National Airport on January 29, 2025
This section requires the Secretary of the Army to transmit
a copy of the Army's investigation of the crash on January 29,
2025, to the Senate Committee on Armed Services and the House
Committee on Armed Services with limited redactions and an
Inspector General of the Army review of such investigation and
findings.
Committee Position
On March 26, 2026, the committee met in open session and
ordered the bill H.R. 7613, as amended, favorably reported to
the House by a recorded vote of 53-0, a quorum being present.
Committee Votes
In accordance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, one recorded vote was taken with
respect to the committee's consideration of H.R. 7613. The
record of this vote is contained on the following page.
The committee ordered the bill H.R. 7613, as amended,
favorably reported to the House by a recorded vote of 53-0, a
quorum being present.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Oversight Findings
With respect to clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the committee reports that the findings and recommendations of
the committee are incorporated in the descriptive portions of
this report.
New Budget Authority and CBO Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this bill
contains any new budget authority, spending authority, credit
authority, or an increase or decrease in revenues or tax
expenditures.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 7613. The
committee has requested but has not received a cost estimate
from the Director of the Congressional Budget Office. However,
pursuant to clause 3(d)(1) of House rule XIII, the committee
will adopt as its own the cost estimate by the Director of the
Congressional Budget Office once it has been prepared.
General Performance Goals and Objectives
In compliance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the performance goals and
objectives of H.R. 7613 is to improve the safety and
effectiveness of Department of Defense manned rotary wing
aviation and other activities.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 7613 establishes or reauthorizes a program of the Federal
Government known to be duplicative of another Federal program,
a program that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Hearings
For the purposes of clause 3(c)(6)(A) of rule XIII, the
Committee on Armed Services held no hearings on H.R. 7613.
Advisory of Earmarks
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
committee finds that H.R. 7613 contains no earmarks, limited
tax benefits, or limited tariff benefits.
Statement of Federal Mandates
With respect to the requirements of section 423 of the
Unfunded Mandates Reform Act, the committee has requested but
not received from the Director of the Congressional Budget
Office a statement as to whether the provisions of the reported
bill include unfunded mandates. The committee will adopt as its
own the estimate once it has been prepared by the Director.
Federal Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to the Legislative Branch
The committee finds that this legislation does not relate
to the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
title II of the bill, as reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italics, and existing law in
which no change is proposed is shown in roman):
TITLE 10, UNITED STATES CODE
* * * * * * *
SUBTITLE A--GENERAL MILITARY LAW
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROPERTY
Chap. Sec.
Planning and Coordination.................................. 2201
* * * * * * *
Aviation Safety............................................ 2655
* * * * * * *
CHAPTER 157--TRANSPORTATION
Sec.
* * * * * * *
[2654. Aircraft safety: requirements for certain highly trafficked
domestic airspace.]
* * * * * * *
[Sec. 2654. Aircraft safety: requirements for certain highly trafficked
domestic airspace
[(a) Limitation on Operation.--Notwithstanding section 1046
of the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232, 49 U.S.C. 40101 note), except as provided
in subsection (b), the Secretary of a military department may
not authorize any manned rotary wing aircraft of the Department
of Defense to operate a training mission in a covered airspace
unless such aircraft, while being operated, is actively
providing warning of the proximity of such aircraft to nearby
commercial aircraft in a manner compatible with the traffic
alert and collision avoidance system of such commercial
aircraft.
[(b) Waiver Authority.--The Secretary of a military
department, with the concurrence of the Secretary of
Transportation, may waive the limitation under subsection (a)
with respect to the operation of an aircraft if that
Secretary--
[(1) determines that--
[(A) such waiver is in the national security
interests of the United States; and
[(B) a commercial aviation compatibility risk
assessment has been conducted with respect to
the operation of the aircraft pursuant to the
waiver to mitigate the risk associated with
such operation; and
[(2) in the case of a waiver to be in effect for a
period exceeding 30 days, submits to appropriate
congressional committees notice of such waiver,
including a copy of the applicable commercial aviation
compatibility risk assessment specified in paragraph
(1)(B).
[(c) Limitation on Delegation.--The Secretary of a military
department may not delegate the waiver authority under
subsection (b) to an official whose rank is below a general or
flag officer.
[(d) Definitions.--
[(1) The term ``appropriate congressional
committees'' means--
[(A) the Committee on Armed Services and the
Committee on Transportation and Infrastructure
of the House of Representatives; and
[(B) the Committee on Armed Services and the
Committee on Commerce, Science, and
Transportation of the Senate.
[(2) The term ``covered airspace'' means the
Washington, DC Metropolitan Area Special Flight Rules
Area, as such term is defined in section 93.335 of
title 14, Code of Federal Regulations, or any successor
regulation.]
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.
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