,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gfac ,,in ,,the ,,house ,,of ,,representatives ,february #bj1 #bjbf,mr4 ,graves 7for himself1 ,mr4 ,larsen of ,washington1 ,mr4 ,rogers of ,alabama1 ,mr4 ,smith of ,washington1 ,mr4 ,nehls1 ,mr4 ,carson1 ,mr4 ,crawford1 ,mr4 ,rouzer1 ,mr4 ,mann1 ,mr4 ,ezell1 ,mr4 ,fong1 ,mr4 ,hurd of ,colorado1 ,mr4 ,wittman1 ,mrs4 ,kiggans of ,virginia1 ,mr4 ,mc,cormick1 ,mr4 ,austin ,scott of ,georgia1 ,mr4 ,wilson of ,south ,carolina1 ,mr4 ,courtney1 ,mr4 ,johnson of ,georgia1 ,ms4 ,brownley1 ,ms4 ,wilson of ,florida1 ,mr4 ,de,saulnier1 ,ms4 ,davids of ,kansas1 ,ms4 ,friedman1 ,mr4 ,beyer1 ,mr4 ,subramanyam1 ,mr4 ,cisneros1 ,mr4 ,tran1 ,mr4 ,fleischmann1 ,mr4 ,keating1 ,mr4 ,figures1 ,ms4 ,king-,hinds1 ,mr4 ,bell1 ,mr4 ,fine1 ,mr4 ,rose1 ,mr4 ,garamendi1 ,ms4 ,scholten1 ,mr4 ,carter of ,louisiana1 ,mrs4 ,watson ,coleman1 ,mr4 ,westerman1 ,mr4 ,stauber1 ,mr4 ,timmons1 ,mr4 ,gooden1 ,mr4 ,owens1 ,mr4 ,babin1 ,mrs4 ,foushee1 ,mr4 ,van ,drew1 and ,ms4 ,houlahan7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to require certain aircraft to be equipped with collision mitigation technology1 to improve helicopter route safety and separation around airports1 to update air traffic control processes and procedures1 to address national airspace system safety in ,department of ,defense activities1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,airspace ,location and ,enhanced ,risk ,transparency ,act of #bjbf or the ,,alert ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,title ,i--,civil ,aviation ,matters ,sec4 #aja4 ,airborne ,collision ,avoidance ,system ,xa inhibit altitude4 ,sec4 #ajb4 ,airborne ,collision ,avoidance ,system upgrades4 ,sec4 #ajc4 ,airborne collision avoidance systems for rotorcraft4 ,sec4 #ajd4 ,collision mitigation systems4 ,sec4 #aje4 ,time-on-position practices4 ,sec4 #ajf4 ,controller training working group4 ,sec4 #ajg4 ,safety risk assessment tool4 ,sec4 #ajh4 ,operational rates at ,ronald ,reagan ,washington ,national ,airport4 ,sec4 #aji4 ,time-based flow management4 ,sec4 #aaj4 ,air traffic control facility levels4 ,sec4 #aaa4 ,working group to evaluate shared frequency around ,ronald ,reagan ,washington ,national ,airport4 ,sec4 #aab4 ,anti-blocking technology4 ,sec4 #aac4 ,task force to identify improvements to air traffic controller conflict alert system4 ,sec4 #aad4 ,postaccident and postincident drug and alcohol testing4 ,sec4 #aae4 ,helicopter ,route ,chart annual review4 ,sec4 #aaf4 ,further modifications to ,ronald ,reagan ,washington ,national ,airport area helicopter routes4 ,sec4 #aag4 ,requiring vertical separation near airports during critical phases of flight4 ,sec4 #aah4 ,visual charts4 ,sec4 #aai4 ,close proximity encounters4 ,sec4 #abj4 ,notification of close proximity encounters and analysis of data4 ,sec4 #aba4 ,safety culture review4 ,sec4 #abb4 ,documentation of control position combinations4 ,sec4 #abc4 ,review of miles-in-trail procedures or agreements4 ,title ,,ii--,department of ,defense ,matters ,sec4 #bja4 ,department of ,defense matters relating to aviation safety4 ,sec4 #bjb4 ,treatment of superceded memorandum of agreement and provision of law4 ,sec4 #bjc4 ,manned rotary wing aircraft safety4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#b7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#c7 ,,faa ,the term ,,faa means the ,federal ,aviation ,administration4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 ,i ,civil ,aviation ,matters #aja4 ,airborne ,collision ,avoidance ,system ,xa inhibit altitude 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall complete an evaluation of the feasibility of decreasing the traffic advisory and resolution advisory inhibit altitudes in ,airborne ,collision ,avoidance ,system ,xa 7hereinafter referred to as ,,acas-,xa7 to enable improved alerting throughout more of the flight maneuvering envelope of an aircraft than is required under the ,,rtca minimum operational performance standards for the ,airborne ,collision ,avoidance ,system 7,,do-#che;,a1 issued ,june #bb1 #bjbc74 7b7 ,consultation ,in conducting the evaluation under subsection 7a71 the ,administrator shall consult with representatives of the following3 7#a7 ,air carriers operating under part #aba of title #ad1 ,code of ,federal ,regulations4 7#b7 ,air carriers operating under part #ace of title #ad1 ,code of ,federal ,regulations4 7#c7 ,air carriers operating under part #ia of title #ad1 ,code of ,federal ,regulations4 7#d7 ,regional air carriers4 7#e7 ,air carriers with a low-cost or ultra-low-cost business model4 7#f7 ,cargo air carriers4 7#g7 ,transport category aircraft manufacturers4 7#h7 ,general aviation aircraft manufactures4 7#i7 ,avionics manufacturers4 7#aj7 ,exclusive bargaining representatives of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code4 7#aa7 ,organizations representing certified collective bargaining representatives of airline pilots4 7#ab7 ,the certified bargaining representative of aviation safety inspectors and engineers for the ,federal ,aviation ,administration4 7#ac7 ,aviation safety experts with specific knowledge of human factors or human factors experts with specific knowledge of aviation safety4 7#ad7 ,any other stakeholders the ,administrator determines appropriate4 7c7 ,considerations ,in conducting the evaluation under subsection 7a71 the ,administrator shall consider-- 7#a7 to the greatest extent possible1 human factors1 including products by working groups related to human factors in aviation safety2 7#b7 air traffic control procedures during critical phases of flight2 7#c7 the impact to pilot and air traffic controller focus during critical phases of flight2 7#d7 the benefits and detriments to pilot and air traffic controller situational awareness2 7#e7 pilot training requirements2 7#f7 air traffic controller training requirements2 and 7#g7 whether there is potential for overlapping1 conflicting1 and simultaneous alerts4 #ajb4 ,airborne ,collision ,avoidance ,system upgrades 7a7 ,in general ,not later than #de days after the date of enactment of this ,act1 the ,administrator shall establish an aviation rulemaking committee 7in this section referred to as the ,committee7 to review and develop findings and recommendations to require aircraft that are selected aircraft to be equipped with ,,acas-,xa4 7b7 ,composition ,the ,committee shall consist of members appointed by the ,administrator1 including representatives of-- 7#a7 air carriers operating under part #aba of title #ad1 ,code of ,federal ,regulations1 including regional air carriers and air carriers with a low-cost or ultra-low-cost business model2 7#b7 air carriers operating under part #ace of title #ad1 ,code of ,federal ,regulations2 7#c7 air carriers operating under part #ia of title #ad1 ,code of ,federal ,regulations2 7#d7 business aviation operators2 7#e7 cargo air carriers2 7#f7 transport category aircraft manufacturers2 7#g7 general aviation aircraft manufactures2 7#h7 avionics manufacturers2 7#i7 supplemental type certificate holders2 7#aj7 modification service providers2 7#aa7 exclusive bargaining representatives of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code2 7#ab7 the certified bargaining representative of aviation safety inspectors and engineers for the ,federal ,aviation ,administration2 7#ac7 organizations representing certified collective bargaining representatives of airline pilots2 7#ad7 aviation safety experts with specific knowledge of human factors or human factors experts with specific knowledge of aviation safety2 and 7#ae7 any other stakeholders the ,administrator determines appropriate4 7c7 ,considerations ,in developing the findings and recommendations under subsection 7a7 the ,committee shall consider-- 7#a7 the anticipated modifications to the minimum operational performance standards of ,,acas-,xa that are required by subsection 7e77#a77;,b72 7#b7 the results of the evaluation under section #aja2 7#c7 the anticipated certification deadline for ,,acas-,xa given the technical complexity and requisite procedures for approval2 7#d7 the soonest practicable deadline for equipping newly manufactured selected aircraft2 7#e7 the soonest practicable deadline to retrofit existing selected aircraft with ,,acas-,xa that considers-- 7,a7 the feasibility of using the ,line ,replaceable ,units of existing collision avoidance systems in such aircraft2 7,b7 the feasibility of using existing antennas of existing collisions avoidance systems in such aircraft2 and 7,c7 the commercial availability of all necessary components associated with ,,acas-,xa2 7#f7 actions the ,administrator can take to prioritize the certification and installation of ,,acas-,xa2 7#g7 related training for air traffic controllers1 pilots1 and others2 and 7#h7 any other considerations the ,committee determines appropriate4 7d7 ,report ,not later than #a year after the date of establishment of the ,committee1 the ,committee shall submit to the ,administrator and the appropriate committees of ,congress a report containing the findings and recommendations of the ,committee4 7e7 ,rulemaking and modification of minimal operating performance standards 7#a7 ,in general ,not later than #ah months after the submission of the report under subsection 7d71 the ,administrator shall-- 7,a7 issue a notice of proposed rulemaking to require selected aircraft to be equipped with ,,acas-,xa2 and 7,b7 modify the minimum operational performance standards for ,,acas-,xa1 to include-- 7i7 traffic advisory aural alerts to include clock position1 relative altitude1 range and vertical tendency2 and 7ii7 the integration of directional traffic symbols4 7#b7 ,contents ,the notice of proposed rulemaking described in paragraph 7#a77;,a7 shall include1 at a minimum-- 7,a7 appropriate guidance for certification of ,,acas-,xa2 7,b7 defined standards for the modification described in paragraph 7#a77;,b72 7,c7 a deadline for any newly manufactured selected aircraft to be equipped with ,,acas-,xa1 based on the findings and recommendations developed pursuant to subsection 7b77#a72 and 7,d7 a deadline for existing selected aircraft to be retrofit with ,,acas-,xa1 based on the findings and recommendations developed pursuant to subsection 7b77#a74 7#c7 ,final rule ,not later than #a year after the issuance of the notice of proposed rulemaking required under paragraph 7#a77;,a71 the ,administrator shall issue a final rule to carry out the requirements of this section4 7f7 ,selected aircraft defined ,in this section1 the term selected aircraft means aircraft that are required to be equipped with traffic alert and collision avoidance systems as required in part #aba4cef of title #ad1 ,code of ,federal ,regulations1 and part #ace4ahj of such title4 #ajc4 ,airborne collision avoidance systems for rotorcraft 7a7 ,in general ,not later than ,december #ca1 #bjbf1 the ,administrator shall take necessary action to work with the appropriate standards setting organization to develop1 finalize1 and publish minimum operational performance standards for the collision avoidance system know as ,airborne ,collision ,avoidance ,system ,xr 7in this section referred to as ,,acas-,xr74 7b7 ,,acas-,xr aviation rulemaking committee 7#a7 ,establishment ,not later than #cj days after the date on which the appropriate standards setting organization publishes minimal operational performance standards for ,,acas-,xr under subsection 7a71 the ,administrator shall establish an aviation rulemaking committee 7in this section referred to as the ,committee7 to review and develop findings and recommendations to require selected rotorcraft be equipped with ,,acas-,xr4 7#b7 ,composition ,the ,committee shall consist of members appointed by the ,administrator1 including representatives of-- 7,a7 rotorcraft operating under part #ace of title #ad1 ,code of ,federal ,regulations2 7,b7 rotorcraft operating under part #ia of title #ad1 ,code of ,federal ,regulations2 7,c7 rotorcraft manufacturers2 7,d7 an organization representing rotorcraft operators and pilots2 7,e7 general aviation aircraft manufacturers2 7,f7 avionics manufacturers2 7,g7 supplemental type certificate holders2 7,h7 modification service providers2 7,i7 exclusive bargaining representatives of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code2 7,j7 the certified bargaining representative of aviation safety inspectors and engineers for the ,federal ,aviation ,administration2 7,k7 aviation safety experts with specific knowledge of human factors or human factors experts with specific knowledge of aviation safety2 and 7,l7 any other stakeholders the ,administrator determines appropriate4 7#c7 ,considerations ,in developing the findings and recommendations required under paragraph 7#a71 the ,committee shall consider-- 7,a7 the anticipated modifications to the minimum operational performance standards of ,,acas-,xr that are required by subsection 7c77#a77;,b72 7,b7 the anticipated certification timeline for ,,acas-,xr given the technical complexity and requisite procedures for approval2 7,c7 a projected deadline for equipping newly manufactured selected rotorcraft the commercial availability of the necessary components associated with ,,acas-,xr that considers-- 7i7 the anticipated timeline needed for the ,,faa to approve the installation of ,,acas-,xr on various rotorcraft or for various operations2 and 7ii7 the commercial availability of the necessary components associated with ,,acas-,xr2 7,d7 a projected deadline to retrofit selected rotorcraft with ,,acas-,xr that considers-- 7i7 the feasibility of using existing antennas of existing collision mitigation systems equipped in such rotorcraft2 7ii7 the feasibility and cost associated with retrofitting rotorcraft not equipped with existing collision avoidance systems2 and 7iii7 the commercial availability of the necessary components associated with ,,acas-,xr2 7,e7 actions that the ,administrator can take to prioritize the certification and installation of ,,acas-,xr2 7,f7 related training for air traffic controllers1 pilots1 and others2 and 7,g7 any other considerations the ,committee determines appropriate4 7#d7 ,report ,not later than #a year after the establishment of the ,committee1 the ,committee shall submit to the ,administrator and the appropriate committees of ,congress a report on the findings and the recommendations developed by the ,committee under this subsection4 7c7 ,rulemaking and modification of minimal operating performance standards 7#a7 ,in general ,not later than #ah months after the submission of the report required under subsection 7b77#d71 the ,administrator shall-- 7,a7 issue a notice of proposed rulemaking to require all selected rotorcraft to be equipped with ,,acas-,xr2 and 7,b7 take necessary actions to modify the minimal operational performance standards for ,,acas-,xr1 including-- 7i7 traffic advisory aural alerts to include clock position1 relative altitude1 range and vertical tendency2 and 7ii7 the integration of directional traffic symbols4 7#b7 ,contents ,the notice of proposed rulemaking required under paragraph 7#a77;,a7 shall include1 at a minimum-- 7,a7 appropriate guidance for the certification of ,,acas-,xr systems2 7,b7 defined standards for the modifications to such systems described in paragraph 7#a77;,b72 7,c7 a deadline for any newly manufactured selected rotorcraft to be equipped with ,,acas-,xr1 based on the findings and recommendations developed pursuant to subsection 7b72 and 7,d7 a deadline for selected rotorcraft to be retrofit with ,,acas-,xr1 based on the findings and recommendations developed pursuant to subsection 7b74 7#c7 ,final rule ,not later than #ah months after the issuance of a notice of proposed rulemaking under paragraph 7#a77;,a71 the ,administrator shall issue a final rule associated with such proposed rulemaking4 7d7 ,selected rotorcraft ,in this section1 the term selected rotorcraft means a civil rotorcraft operating in ,class ,b airspace4 #ajd4 ,collision mitigation systems 7a7 ,in general ,not later than #de days after the date of enactment of this ,act1 the ,administrator shall initiate a negotiated rulemaking proceeding to require covered aircraft to be equipped with collision mitigation technology4 7b7 ,composition ,the committee convened for the negotiated rulemaking described in subsection 7a7 7in this section referred to as the ,committee7 shall include participation from representatives of the following3 7#a7 ,air carriers operating under part #aba of title #ad1 ,code of ,federal ,regulations4 7#b7 ,air carriers operating under part #ace of title #ad1 ,code of ,federal ,regulations4 7#c7 ,air carriers operating under part #ia of title #ad1 ,code of ,federal ,regulations4 7#d7 ,organizations representing helicopter aviation operators and pilots4 7#e7 ,organizations representing the general aviation community4 7#f7 ,organizations representing business aviation operators4 7#g7 ,organizations representing experimental aircraft operators4 7#h7 ,transport category aircraft manufacturers4 7#i7 ,general aviation aircraft manufactures4 7#aj7 ,rotorcraft manufacturers4 7#aa7 ,avionics manufacturers4 7#ab7 ,supplemental type certificate holders4 7#ac7 ,aircraft modification service providers4 7#ad7 ,exclusive bargaining representatives of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code4 7#ae7 ,certified bargaining representative of aviation safety inspectors and engineers for the ,,faa4 7#af7 ,not less than #c organizations representing certified collective bargaining representatives of airline pilots operating under part #aba of title #ad1 ,code of ,federal ,regulations4 7#ag7 ,aviation safety experts with specific knowledge of human factors or human factors experts with specific knowledge of aviation safety4 7c7 ,considerations ,in the negotiated rulemaking required under this section1 the ,committee shall consider-- 7#a7 relevant collision avoidance technology regulation1 guidance1 and policies2 7#b7 available and projected software that can predict aircraft movements based on data from ,automatic ,dependent ,surveillance-,broadcast 7in this section referred to as ,,ads-,b71 ,mode ,s1 ,mode ,c1 or other transponders2 7#c7 the necessity of #b independently verified data sources to activate traffic resolution advisories that require compliance by flight crews to maneuver a covered aircraft regardless of air traffic control instructions2 7#d7 the margin of error and accuracy of technologies listed in paragraph 7#b72 7#e7 the ways in which collision mitigation technologies can further the accuracy and efficacy of surface surveillance technologies2 7#f7 potential opportunities to extend existing surface safety technologies to address the risk of midair collisions2 7#g7 the effort of the ,administrator to modernize the air traffic control system1 including timelines1 technologies being incorporated1 and planned trainings2 7#h7 the role of air traffic controllers in ensuring aircraft separation2 7#i7 the potential benefits and consequences to safety of a phased implementation of effective dates based on types of aircraft and operations2 7#aj7 the time it will take for the certification of collision mitigation technologies under chapter #ddg of title #di1 ,united ,states ,code2 7#aa7 the capacity of the aerospace supply chain to manufacture necessary equipment2 7#ab7 how to ensure broad compliance without egregiously disproportionate implementation timelines between operators2 7#ac7 ongoing rulemakings required under section #ajb and section #ajc of this ,act2 7#ad7 the use of existing air traffic control deviation authorization tools to implement the requirement in subsection 7j77#a77;,b72 7#ae7 the requirements for the final rule as specified in subsection 7f72 and 7#af7 any other considerations the ,administrator determines appropriate4 7d7 ,deadline for ,committee deliberation ,not later than #ah months after the initiation of the rulemaking proceeding under subsection 7a71 the ,committee shall conclude deliberations and submit to the ,administrator and the appropriate committees of ,congress-- 7#a7 if the ,committee reaches consensus1 a report containing the proposed rule and other applicable records as determined by the ,committee2 or 7#b7 if the ,committee does not reach consensus1 any proposed language in which the ,committee reached partial consensus1 a summary of issues preventing total consensus1 and any other information1 recommendations1 or materials created during deliberations4 7e7 ,proposed rule and congressional briefing ,not later than #cj days after receiving the report or information1 as applicable1 required under subsection 7d7 from the ,committee1 the ,administrator shall submit a proposed rule to the appropriate committees of ,congress and thereafter brief the appropriate committees of ,congress on such report or information4 7f7 ,final rule ,not later than #b years after the initiation of the rulemaking proceeding under subsection 7a71 the ,administrator shall issue a final rule to carry out the requirements of this section that incorporates the recommendations from the ,committee4 7g7 ,requirements for final rule ,in issuing the final rule required under subsection 7f71 the ,administrator shall-- 7#a7 require that covered aircraft be equipped with technologies capable of receiving ,,ads-,b transmissions 7in this section referred to as ,,ads-,b ,in72 7#b7 establish performance requirements for equipping collision mitigation technology that1 as determined by the ,administrator1 are appropriate for the covered aircraft and the operations1 including the operating environment2 7#c7 in establishing the performance requirements described in paragraph 7#b7-- 7,a7 require such technology be configured to provide audible alerting to the pilot and flight crew2 7,b7 consider the field of view of the pilots1 human factors1 and1 if applicable1 mounting method of such technology1 to ensure that such technology can be readily utilized and has minimal risk of unexpected detachment2 7,c7 require that covered aircraft equipped with technologies that issue traffic resolution advisories are receiving and integrating into such resolution advisories not less than #b independently verified data sources2 and 7,d7 consider the utilization of existing antenna locations or the placement of new antenna used to receive and1 if applicable1 transmit1 data used in collision mitigation technology2 7#d7 identify existing or issue additional relevant guidance or technical standard orders to carry out the requirements of this section2 and 7#e7 establish an effective date not later than ,december #ca1 #bjca1 for equipping the covered aircraft with technology described in subsection 7a7 that reflects various aircraft types1 appropriate maintenance cycles1 and required updates to appropriate guidance for such technology after certification of such technologies4 7h7 ,alternative means of compliance ,in issuing the final rule required under this section1 the ,administrator shall allow for an alternative means of compliance that provides an equivalent level of safety-- 7#a7 that leverages alternative equipment or technology that utilizes the use of portable ,,ads-,b ,in receivers or other equipment that displays on an existing or future portable device1 electronic flight bag or panel mounted display2 and 7#b7 allows for the continued use of any portable or installed collision mitigation technology in use at the time of the effective date established in subsection 7g77#e74 7i7 ,administrative provision ,the ,administrator may designate the ,committee in a manner that would provide the ,committee the same dispensation as if the ,administrator had designated it as an aviation rulemaking committee under section #ajf7p77#e77;,b7 of title #di1 ,united ,states ,code4 7j7 ,definitions ,in this section3 7#a7 ,covered aircraft ,the term covered aircraft-- 7,a7 means-- 7i7 a turbine-powered civil aircraft 7as such term is defined in section #djajb of title #di1 ,united ,states ,code7 required to be equipped with ,,ads-,b ,out under section #ia4bbe of title #ad1 ,code of ,federal ,regulations2 and 7ii7 a civil aircraft1 not including aircraft specified in section #ia4bbe7;e7 of title #ad1 ,code of ,federal ,regulations1 operating in class ,b and ,class ,c airspace areas and areas designated by section #ia4bbe7;d77#c7 of title #ad1 ,code of ,federal ,regulations2 and 7,b7 excludes aircraft manufactured before the date of enactment of this ,act that have a limited category special airworthiness certificate or an experimental airworthiness certificate1 provided the pilot of such aircraft is authorized to deviate from the requirements of this section1 to operate in the airspace areas described in subparagraph 7,a77ii71 by air traffic control in the same manner ,,ads-,b ,out deviations are approved under section #ia4bbe7;g7 of title #ad1 ,code of ,federal ,regulations4 7#b7 ,collision mitigation technology ,the term collision mitigation technology means equipment that receives and process ,,ads-,b transmissions that are broadcast in accordance with part #ia4bbe and #ia4bbg of title #ad1 ,code of ,federal ,regulations1 or any successor regulations1 and other aviation advisory information from ground stations1 that provides the aircraft with awareness to the location of other aircraft and traffic advisories4 #aje4 ,time-on-position practices 7a7 ,memorandum of understanding 7#a7 ,in general ,the ,administrator and the exclusive bargaining representative of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code1 may execute a memorandum of understanding to review the time-on-position practices for operations supervisory personnel4 7#b7 ,contents ,the memorandum of understanding described in paragraph 7#a7 may-- 7,a7 include an evaluation of the time-on-position practices for operations supervisory personnel at the time such memorandum is executed1 prioritizing the evaluation of such practices at ,ronald ,reagan ,washington ,national ,airport and other air traffic facilities with high volumes of mixed helicopter and airplane traffic2 7,b7 provide recommendations for improving such practices for ,air ,traffic ,organization operations supervisory personnel at ,ronald ,reagan ,washington ,national ,airport and other air traffic facilities with high volumes of mixed helicopter and airplane traffic2 7,c7 consider the operational oversight needs and staffing levels of the air traffic facilities described in the previous subparagraphs2 and 7,d7 include any other items determined appropriate by the parties executing such memorandum4 7b7 ,rule of construction ,nothing in this section shall be construed to interfere with any agreement between a governmental entity and the exclusive bargaining representative of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code1 including requirements under section #gajf7;a7 of title #e1 ,united ,states ,code1 section #eccc7;b7 of title #di1 ,united ,states ,code1 and section #djabb of title #di1 ,united ,states ,code4 7c7 ,definitions ,in this section3 7#a7 ,operational oversight ,the term operational oversight means the duty of the individual in charge of the operation to effectively lead and manage the delivery of air traffic services by maintaining intentional engagement1 situational awareness1 and accountability within the area of supervision4 7#b7 ,operations supervisory personnel ,the term operations supervisory personnel means managerial personnel responsible for the direct supervision of air traffic control operational personnel4 #ajf4 ,controller training working group 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall establish a working group 7in this section referred to as the ,working ,group7 to provide the ,administrator with recommendations for revising regulations and standards pertaining to the initial and recurrent training of air traffic controllers on-- 7#a7 threat and error management2 and 7#b7 tower-applied and pilot-applied visual separation procedures4 7b7 ,membership ,the ,working ,group shall consist of members appointed by the ,administrator1 including representatives of-- 7#a7 the exclusive bargaining representative of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code2 7#b7 the certified bargaining representative of aviation safety inspectors and engineers for the ,administration2 7#c7 organizations representing certified collective bargaining representatives of airline pilots2 7#d7 organizations representing air traffic control managers and operations supervisors2 7#e7 airport sponsors and operators2 7#f7 operators under parts #aba1 #abe1 or #ace of title #ad1 ,code of ,federal ,regulations2 7#g7 organizations representing operators under part #ia of title #ad1 ,code of ,federal ,regulations2 and 7#h7 aviation safety experts with specific knowledge of-- 7,a7 human factors2 7,b7 threat and error management best practices and policies2 and 7,c7 visual separation procedures and regulations4 7c7 ,considerations ,the ,working ,group shall consider1 at a minimum-- 7#a7 the findings and recommendations of the ,national ,transportation ,safety ,board2 7#b7 the requirements of-- 7,a7 ,,faa ,order ,,jo #cabj4d,s1 titled ,air ,traffic ,technical ,training1 issued on ,august #bh1 #bjbd2 7,b7 ,,faa ,order ,,jo #gbaj4c;,,ee1 titled ,facility ,operation and ,administration1 issued on ,february #bj1 #bjbe2 7,c7 ,,faa ,order ,,jo #gaaj4fe;,,bb1 titled ,air ,traffic ,control1 issued on ,february #bj1 #bjbe2 and 7,d7 other relevant air traffic control standards1 guidance1 and policies2 7#c7 whether the frequency of the recurrent training described in subsection 7a7 should be increased for air traffic controllers in facilities managing high-complexity or high-volume airspace2 7#d7 data1 reports1 and peer-reviewed studies on human factors and threat and error management best practices2 7#e7 the appropriate use of tower simulator systems and other advanced training technologies to supplement the recurrent training described in subsection 7a71 including the use of data analytics from such systems and technologies to individualize instruction2 7#f7 the use of data analytics to identify systemic gaps in the recurrent training described in subsection 7a7 and to dynamically enhance training curriculum and techniques2 7#g7 data gathered from aviation safety reporting programs2 and 7#h7 any other item determined appropriate by the ,working ,group4 7d7 ,report to ,congress ,not later than #a year after the ,working ,group is established1 the ,administrator shall submit to the appropriate committees of ,congress a report containing the findings and recommendations of the ,working ,group4 7e7 ,rulemaking 7#a7 ,proposed rule ,not later than #ij days after the submission of the report under subsection 7d71 the ,administrator shall issue a notice of proposed rulemaking revising standards for the required recurrent training described in subsection 7a71 as recommended by the ,working ,group4 7#b7 ,final rule ,not later than #ahj days after publishing the proposed rule under paragraph 7#a71 the ,administrator shall issue a final rule based on such proposed rule4 7#c7 ,justification for decision related to recommendations ,if the ,administrator decides not to implement any of the recommendations described in subsection 7d71 the ,administrator shall submit to the appropriate committees of ,congress the justification for the decision with respect to each such recommendation4 7f7 ,threat and error management defined ,in this section1 the term threat and error management has the meaning described in chapter #f of the ,risk ,management ,handbook 7,,faa ,h-#hjhc-b;,a7 or any successor document4 #ajg4 ,safety risk assessment tool 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall seek to enter into an agreement with a federally funded research and development center to develop a safety risk assessment tool for use by air traffic controllers to assist in airspace risk identification1 mitigation1 and operational decision making4 7b7 ,considerations ,in carrying out subsection 7a71 the federally funded research and development center shall consider1 at a minimum-- 7#a7 the development of a safety risk assessment tool capable of supporting the air traffic controllers in-- 7,a7 identifying safety risks2 7,b7 analyzing the impact of and prioritizing such risks2 and 7,c7 developing strategies to reduce or eliminate such risks in real time2 7#b7 data1 reports1 studies1 and best practices on threat and error management2 7#c7 findings and recommendations of the-- 7,a7 ,national ,transportation ,safety ,board2 7,b7 ,national ,airspace ,system ,safety ,review ,team2 and 7,c7 frontline manager workload study authorized under section #dab of the ,,faa ,reauthorization ,act of #bjbd 7,public ,law #aah-fc72 7#d7 air traffic facility type and staffing level2 7#e7 risk assessment guidance1 policies1 and regulations of the ,administration in place prior to the date of enactment of this ,act2 7#f7 data gathered from aviation safety reporting programs2 7#g7 best practices or similar relevant risk assessment tools and methods used by foreign civil aviation authorities2 and 7#h7 any other factors determined relevant by the federally funded research and development center4 7c7 ,consultation ,to develop the safety risk assessment tool required under subsection 7a71 the federally funded research and development center shall consult with-- 7#a7 organizations representing operations supervisors2 7#b7 the exclusive bargaining representative of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code2 7#c7 aviation safety experts with specific knowledge of threat and error management2 7#d7 aviation safety experts with specific knowledge of human factors2 and 7#e7 any other stakeholders determined relevant by the federally funded research and development center4 7d7 ,briefing to ,congress ,not later than #a year after entering into the agreement pursuant to subsection 7a71 the ,administrator shall brief the appropriate committees of ,congress on the development of the safety risk assessment tool required under this section and recommendations for implementation4 7e7 ,threat and error management defined ,in this section1 the term threat and error management has the meaning described in chapter #f of the ,risk ,management ,handbook 7,,faa ,h-#hjhc-b;,a7 or any successor document4 #ajh4 ,operational rates at ,ronald ,reagan ,washington ,national ,airport 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,administrator shall initiate an assessment of the aircraft arrival rate at ,ronald ,reagan ,washington ,national ,airport4 7b7 ,considerations ,in conducting the assessment described in subsection 7a71 the ,administrator shall consider-- 7#a7 airspace complexity2 7#b7 airfield limitations2 7#c7 mixed-fleet operations2 7#d7 traffic volume2 7#e7 air carrier scheduling practices2 7#f7 the operational capacity of such airport2 7#g7 the current hourly instrument flight rules allocation practice at such airport2 7#h7 expertise provided by the ,air ,traffic ,organization2 and 7#i7 any other considerations the ,administrator determines appropriate4 7c7 ,completion of assessment ,not later than #ahj days after the ,administrator initiates the assessment under subsection 7a71 the ,administrator shall complete and submit to the appropriate committees of ,congress such assessment1 including any related findings and recommendations4 7d7 ,rulemaking ,not later than #cj days after completing the assessment pursuant to subsection 7c71 and taking such assessment into account1 the ,administrator shall initiate a rulemaking proceeding to update subpart ,k of part #ic of title #ad1 ,code of ,federal ,regulations1 to require allocated instrument flight rules operations at ,ronald ,reagan ,washington ,national ,airport to be prescribed in periods not greater than #cj minutes to ensure such airport does not exceed safe capacity4 7e7 ,consultation ,in conducting the rulemaking required under subsection 7d71 the ,administrator shall consult with the following3 7#a7 ,any air carrier operating under part #aba of title #ad1 ,code of ,federal ,regulations1 with scheduled operations at ,ronald ,reagan ,washington ,national ,airport4 7#b7 ,the exclusive bargaining representatives of air traffic controllers certified under section #gaaa of title #e1 ,united ,sates ,code4 7#c7 ,the ,metropolitan ,washington ,airports ,authority4 7#d7 ,any other stakeholders the ,administrator determines appropriate4 #aji4 ,time-based flow management ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall implement operational use of the time-based flow management system at ,potomac ,consolidated ,terminal ,radar ,approach ,control and associated air traffic control towers4 #aaj4 ,air traffic control facility levels 7a7 ,review of air traffic control facility level criteria 7#a7 ,in general ,the ,national ,validation ,team may review the criteria and procedures used to assess1 determine1 and validate the classification level of air traffic control facilities4 7#b7 ,considerations ,to conduct the review required under paragraph 7#a71 the ,national ,validation ,team may consider-- 7,a7 the accuracy of the factors and multipliers used to calculate the traffic count index and other related formulas for air traffic control facilities2 7,b7 whether new relevant factors and multipliers should be incorporated into such formulas to more accurately reflect the complexity of the facility operations2 and 7,c7 the findings and recommendations of the ,national ,transportation ,safety ,board with respect to air traffic control facility levels4 7#c7 ,update criteria and procedures ,upon completion of the review of criteria and procedures under this subsection1 the ,national ,validation ,team may revise1 as appropriate1 such criteria and procedures4 7#d7 ,conforming amendments to ,,faa documents ,in issuing such revised guidance1 the ,national ,validation ,team may recommend revisions to ,,faa ,order #gbaj4eg1 titled ,traffic ,counting1 ,reporting1 and ,processing for ,determining ,facility ,classification ,levels1 or any successor document1 and corresponding policy or guidance materials to reflect any criteria and procedures revised pursuant to paragraph 7#c74 7b7 ,reassessment of air traffic control facility levels 7#a7 ,in general ,upon completion of the review conducted under subsection 7a71 the ,national ,validation ,team shall reassess1 taking into account any revisions to criteria and procedures revised under such subsection1 the air traffic control facility level at-- 7,a7 the ,ronald ,reagan ,washington ,national ,airport2 and 7,b7 any other air traffic control facilities with high volumes of mixed helicopter and airplane traffic4 7#b7 ,report ,not later than #a year after completion of the review conducted under subsection 7a71 the ,administrator shall submit to the appropriate committees of ,congress a report detailing the findings of the reassessment required under paragraph 7#a7 and recommendations with respect to the classification level of air traffic control facilities described in such paragraph4 7#c7 ,implementation ,if the ,national ,validation ,team determines that a reclassification of the air traffic control facilities described in paragraph 7#a7 to a higher level is appropriate1 the ,national ,validation ,team may take any such actions as necessary to do so4 7c7 ,rule of ,construction ,nothing in this section may be construed to interfere with any agreement between a governmental entity and the exclusive bargaining representative of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code1 including requirements under sections #eccc7;b7 and #djabb of title #di1 ,united ,states ,code1 and section #gajf7;a77#a7 of title #e1 ,united ,states ,code4 7d7 ,national ,validation ,team defined ,in this section1 the term ,national ,validation ,team means the joint working group comprised of the ,,faa and the exclusive bargaining representative of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code1 established in ,may #bjaa to administer and assess the agreed-upon calculations1 formulas1 and standards related to air traffic control facility levels4 #aaa4 ,working group to evaluate shared frequency around ,ronald ,reagan ,washington ,national ,airport 7a7 ,in general ,not later than #c months after the date of enactment of this ,act1 the ,administrator shall convene a working group 7in this section referred to as the ,working ,group7 to conduct a comprehensive evaluation of the safety benefits and risks of requiring all aircraft to use the same communications frequency during any period in which helicopter and local air traffic control positions are combined in the ,ronald ,reagan ,washington ,national ,airport air traffic control tower4 7b7 ,members ,the ,working ,group convened under subsection 7a7 shall be comprised of representatives of-- 7#a7 the exclusive bargaining representatives of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code2 7#b7 the organization representing air traffic control operational supervisors and managers2 7#c7 #c separate organizations representing the certified collective bargaining representatives of pilots operating under part #aba of title #ad1 ,code of ,federal ,regulations2 7#d7 an organization representing helicopter aviation operators and pilots2 7#e7 an organization representing business aviation operators and pilots2 7#f7 an organization representing air carriers operating under part #aba of title #ad1 ,united ,states ,code2 7#g7 an organization representing air carriers operating under part #aba of title #ad1 ,united ,states ,code1 with a low-cost or ultra-low-cost business model2 7#h7 an individual that has expertise in an operational or academic discipline that is relevant to the analysis of human factors in aviation1 which may include air carrier operations1 line pilot expertise1 air traffic control1 linguistics1 human-machine integration1 general aviation operations1 and organizational behavior and culture2 7#i7 the ,,faa1 provided the representative has expertise on flight operations in the area described in subsection 7a72 7#aj7 the ,department of ,defense1 provided the representative has expertise on ,department of ,defense flight operations in the area described in subsection 7a72 7#aa7 the ,coast ,guard1 provided the representative has expertise on ,coast ,guard flight operations in the area described in subsection 7a72 and 7#ab7 other organizations or agencies as determined necessary by the ,administrator4 7c7 ,voting ,the members described in paragraphs 7#i71 7#aj71 7#aa71 and1 in the case of a representative chosen by the ,administrator that is from a governmental agency1 7#ab7 of subsection 7b7 shall be nonvoting members of the ,working ,group4 7d7 ,duration 7#a7 ,in general ,members of the ,working ,group shall be appointed for the duration of the ,working ,group4 7#b7 ,length of existence 7,a7 ,in general ,the ,working ,group shall have an initial duration of #a year4 7,b7 ,optional extension ,the ,administrator may extend the duration of the ,working ,group for an additional period of up to #a year4 7e7 ,considerations ,in conducting the comprehensive evaluation under subsection 7a71 the ,working ,group shall1 at minimum1 consider-- 7#a7 the benefits or detriments to pilot and air traffic controller situational awareness2 7#b7 to the greatest extent possible1 the human factors that would impact pilot and air traffic controller situational awareness2 7#c7 to the greatest extent possible1 the human factors that would impact pilot and air traffic controller focus during critical phases of flight2 7#d7 existing products by other working groups related to human factors in aviation safety2 7#e7 pilot training requirements2 7#f7 air traffic controller training requirements2 7#g7 if any1 technological limitations or challenges that would impede aircraft from using the same communications frequency2 7#h7 the potential for overlapping1 conflicting1 and simultaneous communication transmissions1 prior to and after any improvements made as a result of the assessment conducted pursuant to section #aab2 7#i7 the potential for misdirected communications on crowded frequencies2 7#aj7 ,national ,transportation ,safety ,board recommendations pertaining to miscommunications on crowded frequencies2 and 7#aa7 solicited feedback from air carriers operating under part #aba and part #ace of title #ad1 ,code of ,federal ,regulations1 and general aviation operators under part #ia of title #ad1 ,code of ,federal ,regulations4 7f7 ,report ,not later than #f months after the conclusion of the ,working ,group1 the ,working ,group shall submit to the ,administrator and the appropriate committees of ,congress a report on the findings and recommendations resulting from the activities carried out under this section4 7g7 ,implementation ,not later than #f months after receiving recommendations outlined in the report under subsection 7f71 the ,administrator may take such action1 as appropriate1 to implement such recommendations4 #aab4 ,anti-blocking technology 7a7 ,assessment ,not later than #cj days after the date of enactment of this ,act1 the ,administrator shall initiate an assessment on the feasibility and maturity of technology that serves to alert air traffic controllers or flight crews to instances of potentially blocked transmissions when simultaneous broadcasting occurs4 7b7 ,considerations ,in conducting the assessment under subsection 7a71 the ,administrator shall1 at minimum1 consider-- 7#a7 technologies currently in use domestically and internationally that alert an air traffic controller or flight crew to instances in which radio transmissions may have been blocked2 7#b7 the technical standards written for1 and associated with1 the use of such technologies identified under paragraph 7#a72 7#c7 existing and proposed technologies not in use that could alert an air traffic controller or flight crew to instances in which radio transmissions may have been blocked2 7#d7 the technical standards that would be needed to implement the technologies identified under paragraph 7#c72 7#e7 the potential benefits and enhanced awareness that the adoption of such technologies would provide2 7#f7 the technological limitations associated with such technologies2 7#g7 air traffic controller training requirements2 7#h7 the effort of the ,,faa to modernize the air traffic control system1 including timelines1 the incorporation of new technologies1 and planned training2 and 7#i7 any benefits and detriments to air traffic controller situational awareness1 including availability of information1 nuisance alerts1 and human factors4 7c7 ,consultation ,in conducting the assessment under subsection 7a71 the ,administrator shall consult with stakeholders or standards organizations1 including-- 7#a7 the exclusive bargaining representatives of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code2 7#b7 the organization representing air traffic control operational supervisors and managers2 7#c7 the certified bargaining representative of aviation safety inspectors and engineers for the ,,faa2 7#d7 an organization representing manufacturers of air traffic management systems1 equipment and technologies2 7#e7 an organization representing helicopter aviation operators and pilots2 7#f7 an organization representing general aviation operators and pilots2 and 7#g7 any other organization or agency the ,administrator determines appropriate4 7d7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall submit to the appropriate committees of ,congress a report on the results of the assessment under subsection 7a7 that includes-- 7#a7 a list of technologies identified by the ,administrator serving the purpose described in subsection 7a72 7#b7 a list of technologies the ,administrator proposes that could serve the purpose described in subsection 7a72 and 7#c7 a plan to implement the technologies listed under paragraphs 7#a7 and 7#b71 including-- 7,a7 the scope of potential upgrades2 7,b7 predicted costs2 7,c7 a projected timeline2 and 7,d7 how the potential upgrades to facilities and equipment within the scope of subparagraph 7,a7 would be prioritized4 #aac4 ,task force to identify improvements to air traffic controller conflict alert system 7a7 ,in general ,not later than #c months after the date of enactment of this ,act1 the ,administrator shall convene a task force 7in this section referred to as the ,task ,force7 to develop a framework detailing the priorities1 goals1 timeline1 and recommendations to implement improvements to the conflict alert system to provide more salient and meaningful alerts to air traffic controllers based on the severity of the conflict triggering the alert4 7b7 ,members ,the ,task ,force convened under subsection 7a7 shall be comprised of representatives of-- 7#a7 the exclusive bargaining representatives of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code2 7#b7 the organization representing air traffic control operational supervisors and managers2 7#c7 the organization representing operators under the ,contract ,tower ,program established under section #dgabd of title #di1 ,united ,states ,code2 7#d7 the certified bargaining representative of aviation safety inspectors and engineers for the ,,faa2 7#e7 individuals with expertise in an operational or academic discipline that is relevant to the analysis of human factors in aviation1 which may include air carrier operations1 line pilot expertise1 air traffic control1 linguistics1 human-machine integration1 general aviation operations1 and organizational behavior and culture2 7#f7 the ,,faa1 including the ,air ,traffic ,organization and the ,office of ,finance and ,management1 provided such representative has expertise on equipment procurement2 and 7#g7 other organizations or agencies as determined necessary by the ,administrator4 7c7 ,voting ,the members described in paragraphs 7#c71 7#f71 and1 in the case of a representative chosen by the ,administrator that is from a governmental agency1 7#g7 of subsection 7b7 shall be nonvoting members of the ,task ,force4 7d7 ,duration 7#a7 ,in general ,members of the ,task ,force shall be appointed for the duration of the ,task ,force4 7#b7 ,length of existence 7,a7 ,in general ,the ,task ,force shall have an initial duration of #a year4 7,b7 ,optional extension ,the ,administrator may extend the duration of the ,task ,force for an additional period of up to #f months4 7e7 ,considerations ,in developing the framework under subsection 7a71 the ,task ,force shall1 at minimum1 consider-- 7#a7 the benefits and detriments to air traffic controller situational awareness1 including availability of information1 nuisance alerts1 and human factors2 7#b7 opportunities and challenges of consolidating numerous systems and underlying data sources into a single display1 including through the deployment of the ,enterprise-,information ,display ,system2 7#c7 existing products by other working groups related to human factors in aviation safety2 7#d7 air traffic controller training requirements2 7#e7 advances in available technology not being utilized as of the date on which the ,task ,force is convened2 7#f7 technological limitations2 7#g7 ,national ,transportation ,safety ,board recommendations pertaining to air traffic controller alerts1 distractions1 and loss of focus2 7#h7 the effort of the ,,faa to modernize the air traffic control system1 including timelines1 new technologies being incorporated1 and planned training2 and 7#i7 solicited feedback from equipment manufacturers and entities involved with the air traffic control modernization effort of the ,administrator4 7f7 ,report ,not later than #d months after the conclusion of the ,task ,force1 the ,task ,force shall submit to the ,administrator and the appropriate committees of ,congress a report that includes the framework developed as a result of the activities carried out under subsection 7a74 7g7 ,implementation plan 7#a7 ,in general ,not later than #h months after receiving the framework outlined in the report under subsection 7f71 the ,administrator shall finalize and submit to the appropriate committees of ,congress a plan 7in this section referred to as the ,plan7 to implement such framework4 7#b7 ,contents ,such ,plan shall include1 as appropriate-- 7,a7 specific training requirements for air traffic controllers1 as detailed in-- 7i7 ,,faa ,order ,,jo #cabj4d,s1 titled ,air ,traffic ,technical ,training1 issued on ,august #bh1 #bjbd2 7ii7 ,,faa ,order ,,jo #gbaj4c;,,ee1 titled ,facility ,operation and ,administration1 issued on ,february #bj1 #bjbe2 and 7iii7 any successor or other relevant documents or guidance2 and 7,b7 a publicly available prioritized list of airports enumerating the order in which they will receive such upgrades4 7#c7 ,time limit ,the ,plan may not contain a timeline of implementation that exceeds #b years4 7#d7 ,commencement ,the ,administrator shall immediately begin implementing the ,plan upon the submission of such ,plan under paragraph 7#a7 to the appropriate committees of ,congress4 7h7 ,briefings to ,congress ,not later than #f months after the submission of the ,plan to ,congress under subsection 7g77#a71 and every #f months thereafter until the full implementation of the ,plan1 the ,administrator shall brief the appropriate committees of ,congress on the progress of implementation4 #aad4 ,postaccident and postincident drug and alcohol testing 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall review and revise1 as appropriate1 the initial event response procedures of the ,air ,traffic ,organization to ensure an appropriate on-site supervisor makes each postaccident and postincident drug and alcohol testing determination in a timely manner4 7b7 ,requirements ,in reviewing and revising the procedures described under subsection 7a71 the ,administrator shall-- 7#a7 require such procedures to be based on an on-site supervisor's assessment1 without needing to wait for investigation or approval1 of-- 7,a7 whether the event meets testing criteria2 and 7,b7 which air traffic controllers had duties pertaining to the involved aircraft2 7#b7 evaluate guidance1 regulations1 and policies regarding the postaccident and postincident drug and alcohol testing prior to the date of enactment of this ,act2 and 7#c7 consult with representatives of-- 7,a7 the exclusive bargaining representative of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code2 7,b7 organizations representing air traffic control managers and operational supervisors2 and 7,c7 experts with specific knowledge in drug and alcohol testing4 7c7 ,training 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall develop standards for annual training on the revised postaccident and postincident drug and alcohol testing determination procedure described in subsection 7a7 for all staff of the ,air ,traffic ,organization who have responsibilities under such procedure4 7#b7 ,requirements ,the training standards developed under this subsection shall1 at a minimum-- 7,a7 include a postlearning knowledge assessment2 and 7,b7 consider the findings and recommendations of the ,national ,transportation ,safety ,board4 7d7 ,review 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall conduct a review of the ability of each air traffic control facility to routinely accomplish the required postaccident and postincident drug and alcohol testing within the ,secretary's specified timeframes of within #b hours for alcohol testing and within #d hours for drug testing4 7#b7 ,report ,not later than #c months after the ,administrator completes the initial review under paragraph 7#a71 and annually thereafter1 the ,administrator shall submit to the ,secretary of ,transportation a report demonstrating such ability of each air traffic control facility4 7#c7 ,remediation ,not later than #c months after the submission of the report under paragraph 7#a71 the ,administrator shall develop and implement a process to ensure that any air traffic control facility without such capability will carry out timely remediation4 #aae4 ,helicopter ,route ,chart annual review 7a7 ,in general ,the ,administrator shall publish1 on a publicly available website of the ,,faa1 the date on which the annual review for each ,helicopter ,route ,chart has been most recently completed1 as required pursuant to ,,faa ,order ,,jo #gbaj4c;,,ee1 titled ,facility ,operation and ,administration 7or any successor document74 7b7 ,report ,not later than ,december #ca1 #bjbf1 and ,december #ca of each year thereafter1 the ,administrator shall submit to the appropriate committees of ,congress a report containing1 at a minimum1 the following information3 7#a7 ,a summary of changes1 if applicable1 made to each ,helicopter ,route ,chart1 including-- 7,a7 changes1 additions1 or deletions to designated helicopter routes2 7,b7 changes in instrument flight rules routes2 7,c7 additions or deletions of visual checkpoints2 and 7,d7 rationale or safety data to justify any changes described in subparagraphs 7,a7 through 7,c74 7#b7 ,the safety risk management documentation completed in accordance with ,,faa ,order ,,jo #hjdj4d;,c1 titled ,safety ,risk ,management ,policy 7or any successor document74 7#c7 ,an summary of any advanced consultation between the ,administrator and impacted helicopter and fixed-wing operators in planning the safety risk management process4 7#d7 ,a certification that the designated recommended route altitudes and flight ceilings and floors ensure helicopters maintain minimum separation1 in accordance with ,,faa ,order #gaaj4fe;,,bb1 titled ,air ,traffic ,control 7or any successor document71 with fixed-wing aircraft operating along airport approach and departure paths4 7c7 ,failure ,to submit 7#a7 ,in general ,if the ,administrator fails to submit an annual report required under subsection 7b7 on or before the date on which such report is required to be submitted1 the ,chief ,operating ,officer of the ,air ,traffic ,organization shall brief the appropriate committees of ,congress in person not later than #d weeks after such date4 7#b7 ,deadline for initial outreach and coordination ,not later than #d days after such date1 the ,,faa shall begin initial outreach to and coordination with the appropriate committees of ,congress to arrange and organize logistics of the briefing required under paragraph 7#a74 7#c7 ,format and time of briefing ,the briefing required under paragraph 7#a7 shall be in a format and at a time to be determined by such committees4 #aaf4 ,further modifications to ,ronald ,reagan ,washington ,national ,airport area helicopter routes 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall evaluate charted helicopter routes in the vicinity of ,ronald ,reagan ,washington ,national ,airport4 7b7 ,revisions to deconflict traffic ,upon the completion of each route evaluation under subsection 7a71 the ,administrator shall immediately1 as necessary1 revise such route to ensure that the route and routes utilized by fixed-wing aircraft-- 7#a7 are safely deconflicted physically at all times2 or 7#b7 have operating procedures that require positive control from the controller to ensure safe deconfliction during operations4 7c7 ,safety review requirements ,in carrying out the route revisions required under subsection 7b71 the ,administrator shall conduct a safety risk management review1 as necessary1 for any helicopter route changes1 in accordance with ,,faa ,order #hjdj4d;,c1 titled ,safety ,risk ,management ,policy 7or any successor document74 7d7 ,report ,not later than #abj days after the ,administrator completes all the evaluations and subsequent route revisions required under this section1 the ,administrator shall submit to the appropriate committees of ,congress a report containing-- 7#a7 the results of the evaluations required under subsection 7a72 7#b7 the route revisions required under subsection 7b71 including an explanation for such revisions2 and 7#c7 the safety risk management review documentation developed as a result of the review conducted under subsection 7c74 #aag4 ,requiring vertical separation near airports during critical phases of flight 7a7 ,in general ,except as provided in subsection 7b71 the ,administrator shall ensure that each segment of a helicopter route contains1 in the appropriate helicopter route chart1 recommended flight altitudes1 including altitude ceilings and floors1 in a manner consistent with ,,faa ,order ,,jo #gbaj4c;,,ee1 titled ,facility ,operation and ,administration 7or any successor document74 7b7 ,consideration of vertical separation in route criteria ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall amend ,,faa ,order ,,jo #gbaj4c;,,ee1 titled ,facility ,operation and ,administration 7or any successor document71 to add minimum vertical separation requirements to the criteria for the helicopter route chart program4 7c7 ,charting minimum separation near airports 7#a7 ,in general ,the ,administrator shall ensure that any helicopter chart that represents an area near an airport clearly conveys to an operator the segments of such helicopter routes in the vicinity of such airport4 7#b7 ,content requirements ,at minimum1 each such chart shall clearly convey for each of the segments1 the recommended flight altitudes1 including altitude ceilings and floors1 and any necessary instructions1 to ensure minimum separation1 in accordance with ,,faa ,order ,,jo #gaaj4fe;,,bb1 titled ,air ,traffic ,control 7or any successor document71 between-- 7,a7 a helicopter utilizing such segment2 and 7,b7 a fixed-wing aircraft operating at or near such airport during critical phases of flight4 7d7 ,update policy ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall update ,,faa ,order ,,jo #gbaj4c;,,ee1 titled ,facility ,operation and ,administration 7or any successor document71 to account for any additional changes made by this section4 7e7 ,annual review ,the ,administrator shall ensure that any changes made to ,helicopter ,route ,charts as a result of this section are assessed on an annual basis as part of the annual review described in section #aae4 #aah4 ,visual charts 7a7 ,study ,not later than #cj days after the date of enactment of this ,act1 the ,administrator shall initiate a study on incorporating the lateral location and published altitudes of helicopter routes into all instrument and visual approach and departure procedures for airports4 7b7 ,consultation ,in carrying out subsection 7a71 the ,administrator shall consult with relevant stakeholders1 including-- 7#a7 air carriers2 7#b7 an organization representing helicopter operators and pilots2 7#c7 an organization representing general aviation operators and pilots2 7#d7 an organization representing business aviation operators and pilots2 7#e7 #c separate organizations representing certified collective bargaining representatives of airline pilots operating under part #aba of title #ad1 ,code of ,federal ,regulations2 7#f7 the certified exclusive bargaining representatives of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code2 and 7#g7 an individual that has expertise in an operational or academic discipline that is relevant to the analysis of human factors in aviation1 including air carrier operations1 line pilot expertise1 air traffic control1 linguistics1 human-machine integration1 general aviation operations1 and organizational behavior and culture4 7c7 ,considerations ,in carrying out subsection 7a71 the ,administrator shall consider the-- 7#a7 spacing and legibility of information on charts2 7#b7 workload of flight crews at lower altitudes and during critical phases of flight2 7#c7 feasibility and decipherability of layered information on digital charts2 7#d7 current best practices for pilots when landing at or departing from airports with high volume helicopter traffic but that do not have charted helicopter routes2 and 7#e7 human factors involved with approach and departure procedures4 7d7 ,administrator action ,not later than #a year after initiating the study under subsection 7a71 the ,administrator shall make any revisions necessary to-- 7#a7 ,terminal ,procedures ,publications to include charted helicopter routes to provide appropriate situational awareness to fixed-wing operators2 and 7#b7 ,helicopter ,route ,charts to include airport approach and departure paths to provide appropriate situational awareness to helicopter operators4 7e7 ,congressional briefing ,if the ,administrator makes revisions under subsection 7d71 the ,administrator shall brief the appropriate committees of ,congress on such revisions not later than #fj days after making such revisions4 #aai4 ,close proximity encounters 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall establish a working group to make recommendations on-- 7#a7 a definition of close proximity encounters2 7#b7 associated parameters that can be used to monitor the prevalence of such encounters and identify areas of potential traffic conflict for safety assurance and safety risk management for such encounters2 and 7#c7 making publicly available aggregated information about such encounters4 7b7 ,considerations ,in carrying out subsection 7a71 the working group shall consider-- 7#a7 existing airborne separation rules and required loss of airborne separation reporting requirements2 7#b7 the development of a definition of1 and associated parameters for1 close proximity encounter events2 7#c7 data gathered from aviation safety reporting systems and reports1 including the ,aviation ,safety ,information ,analysis and ,sharing ,program1 the ,aviation ,safety ,action ,program1 the ,performance ,data ,analysis and ,reporting ,system1 the ,aviation ,risk ,identification and ,assessment 7,,aria7 system1 preliminary ,,aria reports1 the ,air ,traffic ,safety ,action ,program1 the ,aviation ,safety ,reporting ,system1 the ,near ,midair ,collision ,system1 mandatory occurrence reports1 and other relevant systems and reports2 7#d7 findings and recommendations of the ,national ,transportation ,safety ,board1 including findings and recommendations of the ,,dca ,midair ,collision report2 7#e7 ,,faa risk assessment guidance1 policies1 and regulations in place prior to the date of enactment of this ,act2 7#f7 best practices or similar relevant risk assessment tools and methods used by foreign civil aviation authorities2 and 7#g7 any other factors determined relevant by the working group4 7c7 ,membership ,the working group shall consist of the following3 7#a7 ,appointed members ,the following members appointed by the ,administrator3 7,a7 #b representatives of the ,national ,aeronautics and ,space ,administration with expertise in safety data4 7,b7 #e appropriately qualified representatives of aviation labor organizations 7designated by the applicable represented organization71 including-- 7i7 organizations representing certified collective bargaining representatives of airline pilots2 7ii7 the exclusive bargaining representatives of ,,faa air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code2 7iii7 organizations representing helicopter operators and pilots2 and 7iv7 organizations representing general aviation operators and pilots4 7,c7 ,not fewer than #e independent subject matter experts in safety management systems and safety data who-- 7i7 have not served as a political appointee in the ,administration2 and 7ii7 have a minimum of #aj years of relevant applied experience4 7,d7 #b air carrier employees whose job responsibilities include administration of a safety management system4 7,e7 #b individuals representing holders of a certificate issued under part #ba of title #ad1 ,code of ,federal ,regulations1 whose job responsibilities include administration of a safety management system4 7,f7 #b other representatives from the aerospace industry that do not meet the criteria described in subparagraph 7,d7 or 7,e7 and who have expertise in safety assurance or safety risk or whose job responsibilities include administration of a safety management system4 7#b7 ,advisory members ,in addition to the appointed members described in paragraph 7#a71 the working group shall be advised by up to #e employees of the ,administration1 at least #c of whom shall be subject matter experts in implementing safety assurance and safety risk management4 7d7 ,public reporting ,not later than #cj days after the working group develops recommendations under subsection 7a71 the ,administrator shall make publicly available a report containing the recommendations and describing how the ,administrator intends to implement such recommendations4 #abj4 ,notification of close proximity encounters and analysis of data 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator1 in accordance with the mandatory occurrence reporting requirements in ,,faa ,order ,,jo #gbaj4fcb;,a1 title ,air ,traffic ,organization ,occurrence ,reporting 7or any successor document7 and airborne loss of separation minima in ,,faa ,order ,,jo #gaaj4fe;,,bb1 titled ,air ,traffic ,control 7or any successor document71 shall establish a process to-- 7#a7 notify parties involved with an airborne loss of separation event of such event2 and 7#b7 provide deidentified event data to the ,aviation ,safety ,information ,analysis and ,sharing program4 7b7 ,requirements ,in establishing the process under subsection 7a71 the ,administrator shall-- 7#a7 establish a database that tracks the details of airborne loss of separation events2 7#b7 continuously monitor and review such database to identify areas of potential traffic conflict for safety assurance and safety risk management2 7#c7 ensure timeliness of notifications to the parties described in subsection 7a77#a7 so that relevant data remains available before meaningful safety analysis1 reporting1 or corrective action is no longer practicable2 7#d7 consider informing1 with deidentified or aggregated data1 other frequent operators in the airspace of loss of separation events2 and 7#e7 consider the practicality and usefulness of notification requirements for-- 7,a7 airport surface loss of separation2 7,b7 loss of separation with terrain or obstacles2 7,c7 traffic alert and collision avoidance system resolution advisory activations2 and 7,d7 any other close proximity encounters as determined by the ,administrator4 7c7 ,consultation ,in establishing the process under subsection 7a71 the ,administrator shall consult with-- 7#a7 air carriers2 7#b7 helicopter operators2 7#c7 general aviation operators2 7#d7 organizations representing certified collective bargaining representatives of airline pilots2 7#e7 the certified exclusive bargaining representatives of air traffic controllers of the ,administration certified under section #gaaa of title #e1 ,united ,states ,code2 7#f7 ,,faa subject matter experts1 including aviation safety inspectors2 and 7#g7 other aviation safety experts determined appropriate by the ,administrator4 7d7 ,briefing ,not later than #cj days after establishing the process required under subsection 7a71 the ,administrator shall brief the appropriate committees of ,congress on the implementation of this section4 7e7 ,report ,not later than #a year after establishing the process required under subsection 7a71 and annually thereafter1 the ,administrator shall submit to the appropriate committees of ,congress a report containing-- 7#a7 data on number and location of airborne loss of separation events2 7#b7 the average time of notification to parties involved in such events2 7#c7 identified locations of concern or other trends2 and 7#d7 actions taken to mitigate identified risks and reduce such events4 #aba4 ,safety culture review 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the inspector general of the ,department of ,transportation shall initiate an audit of the safety culture and the safety management system of the ,air ,traffic ,organization4 7b7 ,considerations ,in conducting the audit under subsection 7a71 the inspector general shall1 at a minimum1 evaluate-- 7#a7 the safety management system of the ,air ,traffic ,organization1 including the functions and data sharing activities of such system at all air traffic control facilities2 7#b7 whether such system effectively coordinated safety assurance and safety risk management activities with external stakeholders within the ,ronald ,reagan ,washington ,national ,airport ,class ,b airspace2 7#c7 which data analysis1 safety assurance1 and risk assessment processes failed to identify and mitigate the risk of potential midair collisions near ,ronald ,reagan ,washington ,national ,airport before ,january #bi1 #bjbe2 7#d7 the failure of the ,air ,traffic ,organization to recognize external compliance verification results as indicators of systemic traffic management1 volume1 and flow issues at ,ronald ,reagan ,washington ,national ,airport for which air traffic controllers were required to compensate to mitigate such issues2 7#e7 the failure of the ,air ,traffic ,organization to conduct annual reviews of helicopter route charts as required by ,,faa ,order ,,jo #gbaj4c;,,ee1 titled ,facility ,operation and ,administration2 7#f7 the failure of the ,air ,traffic ,organization to understand and implement post-accident and post-incident drug and alcohol testing as required by ,department of ,transportation ,order #ciaj4a;,d1 titled ,drug and ,alcohol-,free ,departmental ,workplace ,program2 7#g7 whether there are fears of retaliation against persons identifying or reporting risks in accordance with the safety management system2 and 7#h7 how the ,air ,traffic ,organization has addressed the findings and utilized the ,safety ,risk ,management process in accordance with ,,faa ,order #hjdj4d;,c1 titled ,safety ,risk ,management ,policy 7or any successor document7 in the ,national ,airspace ,system ,helicopter ,operations ,helicopter ,route ,analysis of the ,,faa issued in ,april #bjbe4 7c7 ,report of the inspector general 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the inspector general shall submit to the appropriate committees of ,congress a report on the audit conducted under subsection 7a74 7#b7 ,recommendations ,the inspector general shall include in the report submitted under paragraph 7#a7-- 7,a7 recommendations for actions the ,secretary should take with respect to the ,air ,traffic ,organization to-- 7i7 strengthen and adhere to the tenets of the safety management system2 7ii7 increase transparency in the safety management system process1 including by adopting policies that provide assurances to ,,faa employees that the ,air ,traffic ,organization is addressing any identified safety issues2 7iii7 increase data sharing and collaboration with external stakeholders2 7iv7 protect against retaliation2 7v7 encourage open1 nonpunitive communication2 and 7vi7 foster a just culture across the ,air ,traffic ,organization2 7,b7 recommendations for actions the ,secretary may take to ensure adequate oversight over the safety management system of the ,air ,traffic ,organization2 and 7,c7 any other recommendations the inspector general determines appropriate4 7d7 ,response to recommendations ,not later than #abj days after submission of the report required under subsection 7c7-- 7#a7 the ,secretary shall respond to any recommendations in such report that are directed at the ,department of ,transportation or ,,faa1 respectively2 and 7#b7 the ,secretary shall submit to the appropriate committees of ,congress a report describing how the ,secretary intends to implement such recommendations4 #abb4 ,documentation of control position combinations 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall review and revise1 as appropriate1 regulations and standard operating procedures regarding the documentation of the combination of air traffic control position responsibilities1 including each occurrence in which any air traffic control position is combined with any other position1 including a local control position1 operations supervisor1 or controller-in-charge4 7b7 ,requirements ,in reviewing and revising the regulations described in subsection 7a71 the ,administrator shall-- 7#a7 evaluate standard operating procedures1 guidance1 and regulations regarding the combination of controller position responsibilities described in subsection 7a7 that are in effect prior to the date of enactment of this ,act2 7#b7 examine the feasibility of digitizing1 or providing an electronic means of1 the documentation described in subsection 7a72 7#c7 require the operations supervisor or controller-in-charge to periodically review documentation of occurrences of combined control position responsibilities described in subsection 7a7 and submit a rationale for atypical occurrences to the facility air traffic manager2 7#d7 consider air traffic facility type and staffing level2 and 7#e7 consult with representatives of-- 7,a7 the exclusive bargaining representative of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code2 7,b7 organizations representing air traffic control managers and operational supervisors2 and 7,c7 aviation safety experts with specific knowledge in information technology4 7c7 ,briefing to ,congress ,not later than #a year after the completion of the review required under subsection 7a71 the ,administrator shall brief the appropriate committees of ,congress on implementation of this section4 7d7 ,rule of construction ,nothing in this section may be construed to interfere with any agreement between a governmental entity and the exclusive bargaining representative of air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code1 including requirements under section #eccc7;b7 of title #di1 ,united ,states ,code1 and section #gajf7;a7 of title #e1 ,united ,states ,code4 7e7 ,definitions ,in this section3 7#a7 ,controller-in-charge ,the term controller-in-charge means an air traffic control specialist performing duties of a shift supervisor in accordance with-- 7,a7 ,,faa ,order ,,jo #gbaj4c;,,ee1 titled ,facility ,operation and ,administration1 issued on ,february #bj1 #bjbe2 and 7,b7 ,,faa ,order ,,jo #gaaj4fe;,,bb1 titled ,air ,traffic ,control1 issued on ,february #bj1 #bjbe4 7#b7 ,operations supervisor ,the term operations supervisor means managerial personnel responsible for the direct supervision of air traffic control operational personnel4 #abc4 ,review of miles-in-trail procedures or agreements 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall complete a review of the miles-in-trail standards in ,,faa ,order ,,jo #gbaj4c;,,ee1 titled ,facility ,operation and ,administration 7or any successor document7 to determine if such standards provide for a separation of traffic that is appropriate for operational safety4 7b7 ,considerations ,in conducting the review under subsection 7a71 the ,administrator may consider-- 7#a7 the accuracy of the criteria used to determine the miles-in-trail procedures for air traffic control facilities2 7#b7 whether additional criteria should be incorporated to more appropriately reflect the traffic volume and operational complexity of air traffic control facilities2 and 7#c7 the findings and recommendations of the ,national ,transportation ,safety ,board4 7c7 ,standards update ,upon completion of the review conducted under subsection 7a71 the ,administrator shall update the miles-in-trail standards in ,,faa ,order ,,jo #gbaj4c;,,ee1 titled ,facility ,operation and ,administration 7or any successor document7 to ensure such standards are appropriate for operational safety4 7d7 ,review of certain facilities ,not later than #ij days after the completion of the review under subsection 7a71 the ,administrator shall initiate a review of the miles-in-trail procedures or agreements at all air traffic control facilities located within ,class ,b or ,class ,c airspace to ensure such procedures or agreements provide for a separation of traffic that is appropriate for operational safety4 7e7 ,consultation ,in carrying out the review under subsection 7d71 the ,administrator shall consult with1 at minimum-- 7#a7 the exclusive bargaining representatives of the air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code2 7#b7 organizations representing air traffic control managers and operations supervisors2 7#c7 sponsors and operators of airports with air traffic control facilities described in subsection 7d72 7#d7 organizations representing the certified collective bargaining representatives of pilots operating under part #aba of title #ad1 ,code of ,federal ,regulations2 and 7#e7 air carriers with operations at airports with air traffic control facilities described in subsection 7d74 7f7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall submit to the appropriate committees of ,congress a report that includes-- 7#a7 a list of air traffic control facilities identified under subsection 7d7 as having miles-in-trail procedures or agreements that did not provide for a separation of aircraft traffic appropriate for operational safety2 and 7#b7 steps that the ,administrator has taken1 or plans to take1 to modify the miles-in-trail procedures or agreements at each facility listed under paragraph 7#a7 to ensure such procedures or agreements provide for a separation of traffic that is appropriate for operational safety4 ,,ii ,department of ,defense ,matters #bja4 ,department of ,defense matters relating to aviation safety ,title #aj1 ,united ,states ,code1 is amended by inserting after chapter #aeg the following new chapter3 #aeh ,aviation ,safety #bfee4 ,definitions ,in this chapter3 7#a7 ,the term appropriate congressional committees means the congressional defense committees1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#b7 ,the term ,,ads-,b ,out has the meaning given such term in part #ia4bbg of title #ad1 ,code of ,federal ,regulations4 7#c7 ,the term air traffic control services means services used for the monitoring1 directing1 control1 and guidance of aircraft or flows of aircraft and for the safe conduct of flight1 including communications1 navigation1 and surveillance services and the provision of aeronautical information4 7#d7 ,the term collision mitigation technology means equipment that-- 7,a7 receives and processes ,automatic ,dependent ,surveillance ,broadcast transmissions that are broadcast in accordance with parts #ia4bbe and #ia4bbg of title #ad1 ,code of ,federal ,regulations1 or a successor regulation1 and other aviation advisory information from ground stations2 and 7,b7 provides to an aircraft awareness with respect to the location of other aircraft and traffic advisories4 7#e7 ,the term ,department of ,defense aircraft means any aircraft1 either manned or unmanned1 that is owned1 operated1 or controlled by the ,department of ,defense or operated pursuant to a contract entered into by the ,department of ,defense4 7#f7 ,the term ,joint ,safety ,council means the council established under section #ahe of this title4 7#g7 ,the term ,national ,capital ,region means-- 7,a7 the geographic area located within the boundaries of-- 7i7 the ,district of ,columbia2 7ii7 ,montgomery and ,prince ,georges ,counties in the ,state of ,maryland2 7iii7 ,arlington1 ,fairfax1 ,loudoun1 and ,prince ,william ,counties and the ,city of ,alexandria in the ,commonwealth of ,virginia2 and 7iv7 all cities and other units of government within the geographic areas described in clauses 7i7 through 7iii72 or 7,b7 the geographic area prescribed for such region in the memorandum of agreement required by section #bfef of this title1 except that such geographic area may not exceed the boundaries described in clauses 7i7 through 7iv7 of subparagraph 7,a74 7#h7 ,the term rotary wing aviation safety management system-- 7,a7 means training1 policies and practices related to aviation safety2 and 7,b7 does not include equipment installed or carried on aircraft for flight operations4 7#i7 ,the term sensitive aircraft data means-- 7,a7 ,department of ,defense aircraft information relating to classified aircraft1 aircraft involved in continuity of government operations or nuclear command and control1 fighter aircraft1 bomber aircraft1 or unmanned aircraft systems2 7,b7 other information which1 when publicly disclosed in the aggregate1 would reveal the capabilities of ,department of ,defense aircraft that could reasonably be expected to cause serious damage to national security2 and 7,c7 other data identified by the ,secretary of ,defense as sensitive aircraft data4 7#aj7 ,the term special mission means any mission of the ,department of ,defense relating to activities which1 if disclosed1 could reasonably be expected to cause serious damage to national security1 including missions related to national defense1 military operational planning1 operational mission rehearsals1 continuity of government operations1 nuclear command and control1 homeland security1 intelligence1 or law enforcement purposes1 or for which collision mitigation technology1 ,,ads-,b ,out1 or related equipment creates a unique risk as identified by the ,secretary of ,defense4 7#aa7 ,the term special mission aircraft means a ,department of ,defense aircraft performing a special mission1 either permanently or temporarily4 7#ab7 ,the term unmanned aircraft system has the meaning given such term in section #ddhja of title #di4 #bfef4 ,memorandum of agreement 7a7 ,memorandum required 7#a7 ,not later than ,september #cj1 #bjbf1 the ,secretary of ,transportation and the ,secretary of ,defense shall enter into1 and jointly submit to the appropriate congressional committees a copy of1 a memorandum of agreement which-- 7,a7 provides that fighter aircraft1 bomber aircraft1 unmanned aircraft systems1 and other special mission aircraft that are not equipped or not yet equipped with collision mitigation technologies or ,,ads-,b ,out1 or similar technologies1 will be reasonably accommodated for safe operations in the national airspace system and provided with necessary air traffic control services2 and 7,b7 establishes policies governing the operation of collision mitigation technologies and ,,ads-,b ,out1 or similar technologies1 including proper maintenance and routine verification practices for such systems1 on ,department of ,defense aircraft1 consistent with this chapter4 7#b7 ,the ,secretary of ,transportation and the ,secretary of ,defense1 or their designees1 shall consult not less than semiannually on any appropriate updates to the memorandum required under this section to reflect safe1 effective1 and modern air traffic identification1 air space management1 and related equipment4 7b7 ,collision avoidance matters 7#a7 ,the ,secretary of ,defense shall1 in negotiating the memorandum of agreement required under subsection 7a7-- 7,a7 ensure that1 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 section1 whichever occurs first1 the ,secretary of a military department may not authorize any ,department of ,defense manned rotary wing aircraft to operate a training mission in the ,national ,capital ,region unless such aircraft is actively transmitting an ,,ads-,b ,out broadcast1 or similar technology1 compatible with the traffic alert and collision avoidance system of commercial aircraft unless-- 7i7 such requirement is waived by the ,secretary of a military department2 or 7ii7 such aircraft is carrying out a sensitive mission2 7,b7 prioritize the use of ,,ads-,b ,out1 or a similar technology1 by ,department of ,defense manned rotary wing aircraft when operating within a ,class ,b ,mode ,c veil within the ,united ,states 7as such term is defined in section #a4a of title #ad1 ,code of ,federal ,regulations71 without impacting the operational security of ,department of ,defense aircraft or sensitive activities2 7,c7 consistent with section #bfeg of this title1 memorialize best practices for ensuring the correct configuration of ,,ads-,b ,out and other transponders1 including routine intervals for verifying transponder settings and proper operation2 7,d7 clarify operational procedures regarding flight crew authority to enable ,,ads-,b ,out transmission in flight1 including in response to air traffic or weather conditions2 and 7,e7 protect sensitive aircraft data from unnecessary disclosure1 including by mitigating risks regarding the inadvertent disclosure of such data or information regarding special missions4 7#b7 ,in carrying out this section1 the ,secretary of ,defense1 in consultation with the ,secretary of ,transportation1 shall identify and implement collision mitigation technology in ,department of ,defense aircraft that are not fighter aircraft1 bomber aircraft1 unmanned aircraft systems1 or other special mission aircraft1 by either integrated system or standalone device1 to provide traffic information and audible alerts to flight crew while considering-- 7,a7 any need to protect such technology and associated displays or audible alerts against man-made electronic interference2 7,b7 appropriate mitigations to known security vulnerabilities associated with such technology and associated displays or audible alerts2 7,c7 appropriate safeguards for sensitive aircraft data1 classified material1 equipment1 or sensitive missions when using or carrying electronic devices to receive or display collision mitigation technology information or convey audible alerts2 7,d7 updated guidance1 tactics1 techniques1 procedures1 or training related to electromagnetic emissions related to such displays or audible alerts2 and 7,e7 placement in flightdeck1 field of view of pilots1 and human factors1 to ensure such technology is effective1 may be readily used1 and has minimal risk of unexpected detachment4 7#c7 ,following the consultation required under paragraph 7#b71 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 system4 7#d7 ,in implementing the memorandum of agreement required by this section1 the ,secretary of ,defense1 or the ,secretary of a military department1 may exempt from relevant portions of such memorandum an individual aircraft on a case-by-case basis if such ,secretary determines that the aircraft-- 7,a7 is not airworthy1 otherwise unrepairable1 or not reasonably expected to return to service2 or 7,b7 for which depot-level maintenance or a substantial overhaul of avionics-related equipment is scheduled to occur prior to ,december #ca1 #bjcj4 7c7 ,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 7as such term is defined in section #a4a of title #ad1 ,code of ,federal ,regulations71 for purposes of this chapter4 ,such notification may identify such aircraft by type1 model1 series1 or another means agreed to in the memorandum of agreement required by subsection 7a74 7d7 ,,ads-,b carriage ,in carrying out a memorandum of agreement pursuant to this section or any other provision of law1 in order to protect the operational security of ,department of ,defense aircraft1 the ,secretary of ,defense shall retain the sole control over the determination of which specific collision mitigation technology1 including ,,ads-,b implementation1 equipment1 or related technology1 is appropriate for installation and operation in any such aircraft4 #bfeg4 ,manned rotary wing aviation safety management system 7a7 ,in general ,the ,secretary of ,defense and the ,joint ,safety ,council shall ensure that1 by not later than ,march #a1 #bjbg1 each military department has a robust manned rotary wing aviation safety management system4 ,each such system shall be designed to provide for-- 7#a7 responsibilities that are clearly delineated from other occupational safety responsibilities2 and 7#b7 implementation in a manner that is integrated with relevant units4 7b7 ,qualification protections ,the ,secretary and the ,joint ,safety ,council shall ensure that the implementation of the rotary wing aviation safety management system required under subsection 7a7 does not preclude an individual assigned manned rotary wing aviation safety management system duties from maintaining appropriate qualifications1 flying hours1 professional military education1 or other activities required for career advancement on the basis of being assigned such duties4 7c7 ,aviator survey ,the ,secretary and the ,joint ,safety ,council shall carry out a survey of helicopter pilots across the ,department of ,defense to identify operationally relevant and responsive flight safety reporting systems4 ,such survey shall include the collection of information regarding-- 7#a7 responsive reporting methods for identifying and collecting important safety reporting2 7#b7 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 #bfei of this title2 7#c7 options for reporting safety incidents1 including encounters with civil air traffic operating in the national airspace system without retaliation1 judgment1 or undue consequence2 7#d7 preserving reports of persistent issues with communications1 either incoming or outgoing1 with air traffic controllers or other aircraft in controlled airspace2 and 7#e7 integrating improved flight safety reporting into current operations4 7d7 ,report ,not later than #ij days after the completion of the survey required by subsection 7c71 the ,secretary and the ,joint ,safety ,council shall submit to the congressional defense committees a report containing-- 7#a7 an outline of the resources1 both funding and personnel1 required to implement appropriate findings and requirements of this section with respect to each military department2 7#b7 an assessment of which military department practices most closely align with the best practicable solutions identified pursuant to this section2 and 7#c7 a plan to implement such findings and requirements4 7e7 ,authority of ,joint ,safety ,council ,the ,joint ,safety ,council shall carry out the requirements under this section in a manner consistent with section #ahe of this title4 #bfeh4 ,initial and recurring training on highly congested airspace 7a7 ,required training ,the ,secretary of ,defense shall ensure that1 by not later than ,march #a1 #bjbg1 the flight crews for ,department of ,defense manned rotary wing aircraft operating within the national airspace system receive appropriate initial and recurring training regarding fixed-wing operations in ,class ,b airspace routinely encountered in the course of operations from the assigned duty station of the flight crew4 ,such training shall include training on approach and departure paths1 runway configurations1 and the interaction of those traffic flows with published helicopter routes4 7b7 ,use of historical flight data ,in developing the training described in subsection 7a71 the ,secretary shall consider historical flight data from ,department of ,defense manned rotary wing aircraft operating in the associated airspace4 7c7 ,report ,not later than ,march #a1 #bjbg1 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 7a7 and how the ,secretary has ensured consistency with respect to such implementation across the military departments4 #bfei4 ,flight data monitoring improvements 7a7 ,in general ,the ,secretary of ,defense1 in coordination with the ,administrator of the ,federal ,aviation ,administration1 shall develop and implement standards across the military departments to ensure that ,department of ,defense manned rotary wing aircraft operations in the national airspace system1 and associated training1 routes1 and activities1 are informed by accurate recorded flight data to identify operational patterns1 and improve pre-flight planning for missions within the national airspace system4 7b7 ,data use ,in carrying out subsection 7a71 the ,secretary shall-- 7#a7 seek to use-- 7,a7 existing data sets and tools to allow for convenient and expeditious use of such data at the lowest possible level2 and 7,b7 systems that allow for flight data to be evaluated for accuracy on a recurrent basis2 and 7#b7 consistent with subsection 7f71 conduct a review and establish procedures to share non-sensitive flight data with the ,administrator of the ,federal ,aviation ,administration and other relevant flight safety actors4 7c7 ,communications degradation ,in carrying out subsection 7a71 the ,secretary of ,defense shall collect observations1 data1 and references regarding the degradation of radio transmission or reception between ,department of ,defense manned rotary wing aircraft and air traffic controllers or other aircraft and identify factors that may contribute to such degradation and possible remediation4 7d7 ,barometric altimeters ,in carrying out subsection 7a71 the ,secretary of ,defense shall-- 7#a7 promptly update appropriate manuals for ,department of ,defense manned rotary wing aircraft to provide clear guidance regarding-- 7,a7 the expected standard margin of error for barometric altimeters for each class of aircraft2 and 7,b7 the total potential error created by additional aircraft equipment on an otherwise airworthy barometric altimeter1 including increased position error associated with the external stores support system configuration2 and 7#b7 incorporate observations derived from other data sources1 including historical flight data monitoring from external sources1 to better understand total potential error of barometric altimeters in different aircraft configurations4 7e7 ,implementation reporting ,the ,secretary shall provide to the congressional defense committees updates on-- 7#a7 the implementation of this section2 and 7#b7 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 #bfeg of this title1 to provide robust support to such systems4 7f7 ,data sharing 7#a7 ,the ,secretary of ,defense shall-- 7,a7 conduct a review across the military departments to identify flight data that may be readily shared with the ,secretary of ,transportation2 and 7,b7 implement a process to share safety data with the ,secretary of ,transportation4 7#b7 ,to the extent the ,secretary of ,defense determines necessary1 data shared pursuant to paragraph 7#a7 may be de-identified4 #bffj4 ,rule of construction ,nothing in this chapter shall be construed to-- 7#a7 vest in the ,secretary of ,defense any authority of the ,secretary of ,transportation or the ,administrator of the ,federal ,aviation ,administration under title #di or any other provision of law2 7#b7 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 law2 7#c7 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 airspace2 7#d7 apply a rule1 guidance1 plan1 carriage requirement1 or memorandum created1 modified1 or reissued pursuant to any other provision of law to any ,department of ,defense aircraft except through a process established in the memorandum of agreement required under section #bfef of this title2 or 7#e7 require a ,department of ,defense aircraft to compromise operational security during a combat operation4 4 #bjb4 ,treatment of superceded memorandum of agreement and provision of law ,effective on the date on which the memorandum of agreement required by section #bfef of title #aj1 ,united ,states ,code1 as added by section #bja of this title1 is submitted to the congressional defense committees1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the following shall have no further force or effect3 7#a7 ,section #ajdf of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb2 #di ,u4,s4,c4 #djaja note74 7#b7 ,the memorandum of agreement between the ,department of ,defense and the ,federal ,aviation ,administration entered into on ,may #aj1 #bjbd4 #bjc4 ,manned rotary wing aircraft safety ,section #bfed of title #aj1 ,united ,states ,code1 is repealed4