Title II — Department of Defense Matters

“158 Aviation Safety

“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.

“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.

“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.

“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.

“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.

“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.

“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.

“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.

“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.

“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.

“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.”