ALERT Act

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(1) The term appropriate ADS–B congressional In committees means the technology congressional that defense receives committees, and the processes Committee Automatic on Dependent Transportation Surveillance–Broadcast (ADS–B) transmissions that are broadcast in accordance with parts 91.225 and Infrastructure 91.227 of the title House 14, Code of Representatives Federal Regulations , and the other Committee aviation on advisory Commerce, information Science from ground stations , including Traffic Information Service–Broadcast (TIS–B) and Transportation Automatic of Dependent the Surveillance–Rebroadcast Senate. (ADS–R).

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(4) The term collision appropriate mitigation congressional technology committees means equipment the that— congressional (A) defense receives committees, the Committee on Transportation and processes Infrastructure Automatic of Dependent the Surveillance House Broadcast of transmissions Representatives, that and are the broadcast Committee in on accordance Commerce, with Science, parts and 91 Transportation of the Senate . 225 and (5) The term Class B Mode C veil means any location described in part 91. 227 225(d)(2) of title 14, Code of Federal Regulations , . or (6) a The successor term regulation, collision and prevention other technology aviation means advisory technology information that— from (A) ground has stations ADS–B In ; (B) uses ADS–B data; and ( B C ) provides , and is configured to an provide, aircraft alerting awareness that with is respect audible to the location pilot of other aircraft and traffic flight advisories crew . ( 5 7 ) The term Department of Defense aircraft means any aircraft, either manned or unmanned, that is owned, operated, or controlled by the Department of Defense or operated pursuant to a contract entered into by the Department of Defense. ( 6 8 ) The term Joint historical Safety flight Council data— (A) means data derived from Department of Defense or external sources regarding the council actual established flights under taken section by 185 relevant Department of this Defense title aircraft, such as flight paths, altitudes, and other flight characteristics, that would provide a point of comparison to evaluate planned flights or review prior flights for adherence to published flight routes or flight plans; and (B) does not include notional data generated for planning or training purposes . ( 7 9 ) The term manned rotary wing aviation safety management system— (A) means training, policies and practices related to rotary wing aviation safety; and (B) does not refer to equipment installed or carried on aircraft for flight operations. (10) The term National Capital Region means—

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( 8 11 ) The term rotary wing aviation safety management system— (A) means training, policies and practices related to aviation safety; and (B) does not include equipment installed or carried on aircraft for flight operations. (9) The term sensitive aircraft data means— (A) Department of Defense aircraft information relating to classified aircraft, aircraft involved in continuity of government operations or nuclear command and control, fighter aircraft, bomber aircraft, special mission aircraft, or unmanned aircraft systems; and (B) other information which, when if publicly disclosed in or the aggregate aggregated , would reveal the capabilities of Department of Defense aircraft that and could reasonably be expected to cause serious damage to national security ; and (C) other data identified by the Secretary of Defense as sensitive aircraft data . ( 10 12 ) The term special mission — (A) means any mission of the Department of Defense relating to activities which, if publicly disclosed, could reasonably be expected to cause serious damage to national security , ; including and missions (B) related does to not national include— defense, (i) military unclassified operational flights; planning, (ii) operational flight mission crew rehearsals, proficiency continuity flights; or (iii) the transportation of government any operations, Government nuclear official command other and than control, a homeland head security, of intelligence, an or executive law department enforcement (as purposes, such or term for is which defined collision in mitigation section technology, 101 ADS–B of Out, title or 5), related a equipment member creates of the Joint Chiefs of Staff, a unique commander risk of as a identified combatant command, or any other individual designated by the Secretary President for purposes of Defense this paragraph . ( 11 13 ) The term special mission aircraft means a Department of Defense aircraft performing a special mission, either permanently or temporarily. ( 12 14 ) The term unmanned aircraft system has the meaning given such term in section 44801 of title 49.

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(1) Not later than September 30, 2026, the Secretary of Transportation and the Secretary of Defense shall enter into, and jointly submit to the appropriate congressional committees a copy of, a memorandum of agreement which that — (A) provides that fighter aircraft, bomber aircraft, unmanned aircraft systems, and other special mission aircraft that are not equipped or not yet equipped with collision mitigation prevention technologies or ADS–B Out, or similar successor technologies, will be reasonably accommodated for safe operations in the national airspace system and provided with necessary air traffic control services; and (B) establishes policies governing the operation of collision mitigation prevention technologies and ADS–B Out, or similar successor technologies, including proper maintenance and routine verification practices for such systems, on Department of Defense aircraft, consistent with this chapter. (2) The Secretary of Transportation and the Secretary of Defense, or their the designees thereof , shall consult not less frequently than semiannually on any appropriate updates to the memorandum required under by this section subsection to reflect safe, effective, and modern air traffic identification, air space management, and related equipment.

(b) Collision avoidance matters.

(1) The Secretary of Defense shall , in ensure negotiating that the memorandum of agreement required under by subsection (a )— ) includes, at a minimum— (A) ensure a requirement that, beginning on a date agreed to and set forth in such memorandum or the date that is one year after the date of the enactment of this section, whichever occurs first, the Secretary of a military department may not authorize any Department of Defense manned rotary wing aircraft to operate a training mission in the National Capital Region unless such aircraft is actively transmitting an ADS–B Out broadcast, or similar successor technology, compatible unless— with (i) the traffic Secretary alert of and the collision military avoidance department, system in coordination with the Secretary of commercial Transportation, aircraft has unless— conducted (i) a such safety requirement risk is assessment waived and by implemented the mitigations, Secretary as of appropriate, a to military ensure department safety in the National Capital Region ; or and (ii) such aircraft is carrying out a sensitive special mission; (B) prioritize procedures requiring the use of ADS–B Out , or as a the similar default technology, practice by Department of Defense manned rotary wing aircraft when operating within in a Class B Mode C veil within the United national States airspace (as such term is defined in section 1.1 of title 14 system , Code unless of such Federal use Regulations), would without affect impacting the operational security of Department of Defense aircraft or sensitive special activities missions ; (C) consistent with section 2657 2660b of this title, memorialize procedures best practices for ensuring the correct configuration of ADS–B Out and other transponders, including routine intervals for verifying transponder settings and proper operation; (D) clarify operational procedures regarding to allow flight crew crews authority to enable ADS–B Out transmission while in flight in the national airspace system , including in response to air traffic or weather conditions; and (E) provisions to protect sensitive aircraft data from unnecessary disclosure, including by mitigating risks regarding the inadvertent disclosure of such data or information regarding special missions. (2) In (A) carrying The out Secretary this of section, Defense shall ensure that— (i) by not later than 180 days after the date on which the Secretary of Defense , in and consultation with the Secretary of Transportation , shall submit identify to and the implement appropriate collision congressional mitigation committees technology a in copy of the memorandum of agreement required by subsection (a), Department of Defense aircraft that are not fighter aircraft, bomber aircraft, unmanned aircraft systems, or other special mission aircraft, by are either equipped and operating with an integrated system , federated system, or standalone device , to that provide displays traffic information and to audible the alerts pilot to and flight crew ; while and considering— (ii) by not later than December 31, 2031, such Department of Defense aircraft are equipped and operating with an integrated collision prevention technology system. ( B) In carrying out subparagraph ( A ), the Secretary of Defense shall take into consideration— (i ) any need to protect such the technology and or associated systems displays described or in audible such alerts subparagraph against man-made electronic interference; ( B ii ) appropriate mitigations to known security vulnerabilities associated with such technology and associated displays or audible alerts systems ; ( C iii ) appropriate safeguards for sensitive aircraft data, classified material, equipment, or sensitive special missions when using aircraft or described carrying in electronic such devices subparagraph to are receive equipped or and display operating with collision mitigation prevention technology information or convey audible alerts ; ( D iv ) updated guidance, tactics, techniques, procedures, or training related with respect to electromagnetic emissions related to such displays technology or and audible alerts systems ; and ( E v ) placement in flightdeck flight deck , field of view of pilots, and human factors, to ensure such technology is effective, may be readily used, and has minimal risk of unexpected detachment. (3) Following The the consultation required under paragraph (2), the Secretary of Defense shall ensure that the Secretary of Transportation receives accurate information regarding the configurations recommended by each military department for each relevant aircraft type while such aircraft operate in the national airspace system. (4) In implementing the memorandum of agreement required by this subsection section, (a), the Secretary of Defense, or the Secretary of a military department, may exempt from relevant portions of such memorandum an individual aircraft on a case-by-case basis if such Secretary determines that the aircraft— (A) is not airworthy, is otherwise unrepairable, or is not reasonably expected to return to service; or (B) is an aircraft for which depot-level maintenance or a substantial overhaul of avionics-related equipment , including the installation of collision prevention technology, is scheduled to occur prior to December 31, 2030 ; (C) is scheduled to be retired from service prior to September 30, 2028; or (D) is an unpowered aircraft not suitable for collision prevention technology due to airframe limitations, including gliders used for pilot instruction .

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(d) ADS–B carriage. In carrying out a memorandum of agreement pursuant to this section or any other provision of law, in order to protect the operational security of Department of Defense aircraft, the Secretary of Defense shall retain the sole control over the determination of which specific collision mitigation technology, including ADS–B implementation, equipment, or related technology, is appropriate for installation and operation in any such aircraft. 2657. Manned rotary wing aviation safety management system. (a) In general. The Secretary of Defense and the Joint Safety Council shall ensure that, by not later than March 1, 2027, each military department has a robust manned rotary wing aviation safety management system. Each such system shall be designed to provide for— (1) responsibilities that are clearly delineated from other occupational safety responsibilities; and (2) implementation in a manner that is integrated with relevant units. (b) Qualification protections. The Secretary and the Joint Safety Council shall ensure that the implementation of the rotary wing aviation safety management system required under subsection (a) does not preclude an individual assigned manned rotary wing aviation safety management system duties from maintaining appropriate qualifications, flying hours, professional military education, or other activities required for career advancement on the basis of being assigned such duties. (c) Aviator survey. The Secretary and the Joint Safety Council shall carry out a survey of helicopter pilots across the Department of Defense to identify operationally relevant and responsive flight safety reporting systems. Such survey shall include the collection of information regarding— (1) responsive reporting methods for identifying and collecting important safety reporting; (2) systems for collecting relevant safety reporting that may be used in conjunction with historical flight data to provide insights that may be used in carrying out section 2659 of this title; (3) options for reporting safety incidents, including encounters with civil air traffic operating in the national airspace system without retaliation, judgment, or undue consequence; (4) preserving reports of persistent issues with communications, either incoming or outgoing, with air traffic controllers or other aircraft in controlled airspace; and (5) integrating improved flight safety reporting into current operations. (d) Report. Not later than 90 days after the completion of the survey required by subsection (c), the Secretary and the Joint Safety Council shall submit to the congressional defense committees a report containing— (1) an outline of the resources, both funding and personnel, required to implement appropriate findings and requirements of this section with respect to each military department; (2) an assessment of which military department practices most closely align with the best practicable solutions identified pursuant to this section; and (3) a plan to implement such findings and requirements. (e) Authority of Joint Safety Council. The Joint Safety Council shall carry out the requirements under this section in a manner consistent with section 185 of this title. 2658. Initial and recurring training on highly congested airspace. (a) Required training. The Secretary of Defense shall ensure that, by not later than March 1, 2027, the flight crews for Department of Defense manned rotary wing aircraft operating within the national airspace system receive appropriate initial and recurring training regarding fixed-wing operations in Class B airspace routinely encountered in the course of operations from the assigned duty station of the flight crew. Such training shall include training on approach and departure paths, runway configurations, and the interaction of those traffic flows with published helicopter routes.

(d) Collision prevention technology equipage. In implementing a memorandum of agreement pursuant to this section or any other provision of law, to protect the operational security of Department of Defense aircraft, the Secretary of Defense shall retain the sole control over the determination of which specific collision prevention technology is appropriate for installation and operation in any such aircraft. 2657. Required risk assessment and mitigation for special missions. (a) Risk assessment. The Secretary of each military department, in coordination with the Secretary of Transportation, shall conduct a risk assessment, and recommend and implement, as appropriate, mitigations as a result of such assessment, to ensure safety in the national airspace system for each type of planned or anticipated special mission of a manned rotary wing aircraft of such military department that would involve operations occurring in whole or in part within a Class B Mode C veil airspace. (b) Implementation. The requirement under subsection (a) shall be carried out in a manner mutually agreed to by the Secretary of Defense and the Secretary of Transportation in the memorandum of agreement required by section 2656 of this title. (c) Initial report. (1) Not later than one year after the date on which the Secretary of Defense and the Secretary of Transportation submit to the appropriate congressional committees a copy of the memorandum of agreement required by section 2656 of this title, the Secretary of Defense shall submit to the congressional defense committees a report on the types of special mission activities assessed, and any mitigation recommended or implemented, pursuant to subsection (a). Such report shall include, for each month during the 12-month period preceding the date of the submission of the report, the actual number of special mission flights flown with ADS–B Out turned off, in whole or in part, within a Class B Mode C veil airspace, disaggregated by special mission activity. (2) The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (d) Subsequent report. (1) Not later than one year after the date of the submission of the report under subsection (c), the Secretary of Defense shall submit to the congressional defense committees a report that includes, for each month during the 12-month period preceding the date of the submission of the report, the actual number of special mission flights that the Secretary of Defense has flown with ADS–B Out turned off, in whole or in part, within a Class B Mode C veil airspace, disaggregated by special mission activity. (2) The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 2658. Manned rotary wing aviation safety management system. (a) Requirement. The Secretary of Defense shall ensure that, by not later than March 1, 2027, the Secretary of each military department has established a robust manned rotary wing aviation safety management system, or updated an existing such system, to provide for— (1) responsibilities with respect to such system that are clearly delineated from other occupational safety responsibilities; (2) staffing and other resources required for the operation of such system; and (3) the implementation of such system in a manner that is functionally integrated with relevant units. (b) Qualification protections. The Secretary shall ensure that the implementation of a manned rotary wing aviation safety management system required under subsection (a) does not preclude an individual assigned manned rotary wing aviation safety management system duties from maintaining appropriate qualifications, flying hours, professional military education, or other activities required for career advancement on the basis of being assigned such duties. (c) Aviator survey. Not later than one year after the date of the enactment of this section, the Secretary shall carry out a survey of rotary aircraft flight crews across the Department of Defense to identify operationally relevant and responsive flight safety reporting systems. Such survey shall include the collection of information regarding— (1) barriers to the use of such systems perceived by pilots; (2) responsive reporting methods for identifying and collecting important safety reporting; (3) systems for collecting relevant safety reporting that may be used in conjunction with historical flight data to provide insights that may be used in carrying out section 2660 of this title; (4) options for reporting safety incidents, including encounters with civil air traffic operating in the national airspace system, without retaliation, judgment, or undue consequence; (5) preserving reports of persistent issues with communications, either incoming or outgoing, with air traffic controllers or other aircraft in controlled airspace; and (6) integrating improved flight safety reporting into current operations. (d) Reports. Not later than 90 days after the date on which the survey under subsection (c) is completed, and on a semiannual basis thereafter until December 31, 2031, the Secretary shall submit to the congressional defense committees a report containing— (1) an outline of the funding and personnel resources necessary to implement the requirements under subsection (a), and appropriate findings from the survey under subsection (c), with respect to each military department; (2) an outline of the safety functions, practices, training, and reporting required under each manned rotary wing aviation safety management system established or updated under subsection (a); (3) an assessment of which military department practices most closely align to the best practicable solutions identified pursuant to the findings from the survey under subsection (c); (4) a plan to implement the requirements under subsection (a) and appropriate findings from the survey under subsection (c); and (5) a plan to ensure active duty units and National Guard units receive the same benefits from an improved manned rotary wing aviation safety management system. (e) Comptroller General review. (1) The Comptroller General of the United States shall conduct a review of the efficacy of the manned rotary wing aviation safety management systems established or updated pursuant to subsection (a). Such review shall include— (A) an assessment of the extent to which the Secretary has implemented the requirements under subsection (a); (B) an assessment of the extent to which the Secretary has developed an approach to identify and mitigate any risks in implementing subsection (a); and (C) any other matters the Comptroller General determines are relevant. (2) Not later than September 1, 2027, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the review required under paragraph (1). The Comptroller General shall provide to such committees the final results of such review in a mutually agreed upon format and timeframe. 2659. Initial and recurring training on highly congested airspace. (a) Required training. The Secretary of Defense shall ensure that, by not later than March 1, 2027, flight crews for Department of Defense manned rotary wing aircraft operating in the national airspace system receive appropriate initial and recurring training regarding fixed-wing operations within Class B Mode C veil airspace routinely encountered in the course of operations from the assigned duty station of the flight crew. Such training shall include training on approach and departure paths, runway configurations, and the interaction of those traffic flows with published helicopter routes.

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2659 2660 . Flight data monitoring improvements. (a) In general. The Not Secretary later of than Defense, one in year coordination after with the Administrator date of the enactment Federal of Aviation this Administration section , the Secretary of Defense shall develop and implement standards across the military departments to ensure that Department of Defense manned rotary wing aircraft operations in the national airspace system, and associated training, routes, and activities, are informed by accurate recorded flight data to — identify (1) monitor operational patterns , ; (2) identify operational safety risks; and improve (3) pre-flight support planning the development and implementation of effective risk controls for missions within in the national airspace system.

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(2) consistent with subsection (f), conduct a review , and establish procedures to based share on non-sensitive flight data with the Administrator results of the such Federal review, Aviation to Administration ensure and other relevant flight safety actors. (c) Communications degradation. In carrying out subsection (a), the Secretary of Defense shall collect observations, data , and is references evaluated regarding for the accuracy degradation at of an radio transmission or reception between Department of Defense manned rotary wing aircraft and air traffic controllers or other aircraft and identify factors that may contribute to such degradation and possible remediation. (d) Barometric altimeters. In carrying out subsection (a), the Secretary of Defense shall— (1) promptly update appropriate manuals organizational for level Department of Defense manned rotary wing aircraft to provide clear guidance regarding— (A) the expected standard margin of error for barometric altimeters for each class of aircraft; and (B) the total potential error created by additional aircraft equipment on an a otherwise recurrent airworthy barometric altimeter, including increased position error associated with the external stores support system configuration; and (2) incorporate observations derived from other data sources, including historical flight data monitoring from external sources, to better understand total potential error of barometric altimeters in different aircraft configurations basis . ( e c ) Implementation reporting updates . The Secretary shall provide to the congressional defense committees updates on—

(1) the implementation of this section; and

(2) the incorporation of the standards developed and data collected pursuant to this section into the manned rotary wing aviation safety management systems required under section 2657 2658 of this title , to provide robust support to such systems . ( f d ) Data sharing.

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2660 2660a . Barometric altimeters. (a) Manuals. The Secretary of Defense shall promptly update, and maintain, appropriate manuals of the Department of Defense for manned rotary wing aircraft, to provide clear guidance regarding— (1) the expected standard margin of error for barometric altimeters for each class of such aircraft; and (2) the total potential error resulting from additional aircraft equipment with respect to an otherwise airworthy barometric altimeter, including increased position error associated with external stores support system configurations. (b) Incorporation of data. In updating the manuals under subsection (a), the Secretary shall incorporate observations derived from external data sources, including historical flight data monitoring from external sources, to better understand the total potential error of barometric altimeters in various aircraft configurations. (c) Training. Not later than 30 days after the date on which the Secretary updates the manuals under subsection (a), the Secretary shall require appropriate refresher training for the crew of any aircraft subject to such an updated manual. 2660b. Transponder maintenance. (a) Required intervals. The Secretary of each military department shall establish routine intervals for verifying the correct configuration and function of ADS–B Out transponders, and related equipment, for aircraft of such military department required to use such transponders. Such intervals may not be less frequent than once every 90 days. (b) Reports. Not later than 30 days after the date of the submission of the budget of the President under section 1105(a) of title 31 for fiscal years 2028 through 2033, the Secretary of each military department shall submit to the congressional defense committees a report that details the following: (1) Compliance across such military department with respect to the required maintenance intervals established under subsection (a). (2) The total number of instances, disaggregated by military installation, in which an ADS–B Out transponder was not serviced in accordance with the applicable maintenance interval established under subsection (a). (3) Any additional personnel, resources, or equipment required to simplify or otherwise improve maintenance requirements associated with carrying out this section. 2660c. Notifications and reports on certain near-miss events in National Capital Region. (a) Notifications. Not later than one week after the date on which a covered near-miss event occurs, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a notification of such event. (b) Establishment of associated definition. Not later than 60 days after the date of the enactment of this section, the Secretary, in coordination with a working group determined appropriate by the Secretary, shall establish a definition of the term close proximity encounter for purposes of this section. (c) Reports. Not later than 180 days after the date on which the definition under subsection (b) is established, on a biannual basis thereafter for the following two-year period, and not less frequently than annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing, with respect to the period covered by the report— (1) an identification of the number of covered near-miss events that occurred during such period; (2) for each such event, an identification of any cause of such event; (3) a description any modification to relevant standard operating procedures or other policies of the Department of Defense issued, or planned to be issued, to address such events; and (4) a description of the status of implementation of any such modification. (d) Covered near-miss event defined. In this section, the term covered near-miss event means a close proximity encounter (as such term is defined pursuant to subsection (b)) that— (1) involves at least one Department of Defense aircraft; and (2) occurs in the National Capital Region. 2660d. Reports on individuals designated for purposes of special mission exclusion. (a) Reports. Not later than one year after the date of the enactment of this section, and on an annual basis thereafter, the President shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing, with respect to the preceding year— (1) an identification of any individual designated by the President for purposes of section 2655(12)(B)(iii) of this title; and (2) a description of how often individuals so designated were transported in connection with a mission that, but for such designation, would be considered a special mission. (b) Form. Each report under subsection (a) shall be submitted in unclassified form, but may contain a classified annex. 2660e. Rule of construction. Nothing in this chapter shall be construed to—

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(4) apply a rule, guidance, plan, carriage requirement, or memorandum created established , modified, or reissued pursuant to any other provision of law to any Department of Defense aircraft except through a process established in the memorandum of agreement required under by section 2656 of this title; or

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