[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1985 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1985
To improve aviation safety, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 5, 2025
Ms. Cantwell (for herself, Ms. Duckworth, Ms. Klobuchar, Mr. Markey,
Mr. Kaine, Mr. Warner, and Mr. Warnock) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To improve aviation safety, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safe Operations of
Shared Airspace Act of 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Expert compliance review of FAA Safety Management System.
Sec. 4. ADS-B Out Reforms.
Sec. 5. ADS-B In requirement to enhance safety.
Sec. 6. Safety reviews of airspace.
Sec. 7. FAA-Department of Defense Safety Information Sharing.
Sec. 8. No disruptions to FAA workforce.
Sec. 9. Extension of FAA air traffic controller max hiring requirement.
Sec. 10. Air traffic controller training improvements.
Sec. 11. TARAM analyses.
Sec. 12. Employee reporting.
Sec. 13. Conflicts of interest.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the FAA.
(2) ADS-B in.--The term ``ADS-B In'' means onboard avionics
technology that periodically receives ADS-B Out broadcasts of
an aircraft's state vector (3-dimensional position and 3-
dimensional velocity) and other required information as
described in part 91.277 of title 14, Code of Federal
Regulations (or a successor regulation).
(3) ADS-B out.--The term ``ADS-B Out'' has the meaning
given such term in section 91.227 of title 14, Code of Federal
Regulations (or a successor regulation).
(4) Air carrier; foreign air carrier.--The terms ``air
carrier'' and ``foreign air carrier'' have the meanings given
such terms in section 40102 of title 49, United States Code.
(5) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(6) Cabinet member.--The term ``Cabinet Member'' means an
individual who is the head (including an acting head) of the
Department of Agriculture, Department of Commerce, Department
of Defense, Department of Education, Department of Energy,
Department of Health and Human Services, Department of Homeland
Security, Department of Housing and Urban Development,
Department of the Interior, Department of Justice, Department
of Labor, Department of State, Department of Transportation,
Department of the Treasury, or Department of Veterans Affairs,
or any other individual who occupies a position designated by
the President as a Cabinet-level position.
(7) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(8) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(9) Powered-lift.--The term ``powered-lift'' has the
meaning given such term in section 1.1 of title 14, Code of
Federal Regulations (or a successor regulation).
(10) Rotorcraft.--The term ``rotorcraft'' has the meaning
given such term in section 1.1 of title 14, Code of Federal
Regulations (or a successor regulation).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(12) SMS.--The term ``SMS'' means a safety management
system.
(13) Transport airplane.--The term ``transport airplane''
means a transport category airplane designed for operation by
an air carrier or foreign air carrier type-certificated with a
passenger seating capacity of 30 or more or an all-cargo or
combi derivative.
(14) Unmanned aircraft system.--The term ```unmanned
aircraft system''' has the meaning given such term in section
44801 of title 49, United States Code.
SEC. 3. EXPERT COMPLIANCE REVIEW OF FAA SAFETY MANAGEMENT SYSTEM.
(a) Expert Compliance Review.--
(1) Establishment.--
(A) In general.--Not later than 60 days after the
date of enactment of this section, the Administrator
shall convene an independent expert panel (in this
section referred to as the ``review panel'') to review
and make findings and recommendations on the matters
listed in paragraph (2).
(B) Purpose.--The purpose of the review panel is to
review and evaluate FAA orders and policies to inform
the FAA's implementation of a comprehensive and
integrated SMS for all lines of business within the
FAA.
(2) Contents of review.--The review panel shall review the
following:
(A) The extent to which the FAA's SMS complies with
relevant FAA orders and policies.
(B) The actual and projected safety enhancements
achieved through the FAA's prior implementation of SMS.
(C) The effectiveness of SMS, including with
respect to the implementation of the following 4
components:
(i) Safety policy.
(ii) Safety risk management.
(iii) Safety assurance.
(iv) Safety promotion.
(D) The extent to which SMS and each of the 4
components described in subparagraph (C) are integrated
among and across all lines of business of the FAA.
(E) The extent to which SMS and each of the 4
components so described are understood, communicated,
and trained to personnel at the FAA.
(F) The efficacy of the FAA's Voluntary Safety
Reporting Programs as part of SMS, including any
actions taken by the FAA in response to reports filed
under such program.
(G) Whether the Federal Government should advocate
for changes to Annex 19-Safety Management of the
International Civil Aviation Organization (in this
section referred to as ``ICAO'') to ensure appropriate
updates to the State Safety Program standards and
recommended practices, including--
(i) a systems-level approach to evaluating
and improving SMS for air navigation service
providers; and
(ii) the implementation of SMS for civil
aviation regulators.
(H) Any other matter determined by the
Administrator for which review by the review panel
would be consistent with the public interest in
aviation safety.
(3) Composition of review panel.--
(A) Appointed members.--The review panel shall
consist of the following members appointed by the
Administrator:
(i) Two representatives of the National
Aeronautics and Space Administration with
expertise in SMSs.
(ii) Three appropriately qualified
representatives of aviation labor organizations
(designated by the applicable represented
organization), including--
(I) the principal organization
representing the largest certified
collective bargaining representative of
airline pilots; and
(II) the exclusive bargaining
representatives of FAA air traffic
controllers certified under section
7111 of title 5, United States Code.
(iii) Not less than 5 independent subject
matter experts in safety management systems
who--
(I) have not served as a political
appointee in the FAA; and
(II) have a minimum of 10 years of
relevant applied experience.
(iv) Three representatives from the
aviation industry with expertise in SMS.
(v) A representative of the United States
Mission to the ICAO.
(B) Advisory members.--
(i) In general.--In addition to the
appointed members described in subparagraph
(A), the review panel shall be advised by up to
5 employees of the FAA, at least 3 of whom
shall be subject matter experts in implementing
SMS at the FAA.
(ii) Duties.--The advisory members may take
part in deliberations of the review panel and
provide subject matter expertise with respect
to the review panel's work.
(4) Recommendations.--The review panel shall issue
recommendations to the Administrator based on the review of the
matters listed in paragraph (2) in order to inform the FAA's
implementation of a comprehensive and integrated SMS for all
lines of business within the FAA.
(5) Report.--
(A) Submission.--Not later than 180 days after the
date of the first meeting of the review panel, the
review panel shall submit to the Administrator and the
appropriate committees of Congress a report containing
the findings and recommendations regarding the matters
listed in paragraph (2) that are endorsed by a majority
of the review panel.
(B) Dissenting views.--In submitting the report
under subparagraph (A), the review panel shall append
to such report the dissenting views of any individual
member or group of members of the review panel
regarding the findings or recommendations of the review
panel.
(C) Publication.--Not later than 5 days after
receiving the report under subparagraph (A), the
Administrator shall publish such report, including any
dissenting views appended to the report, on the website
of the FAA.
(D) Termination.--The review panel shall terminate
upon the submission of the report under subparagraph
(A).
(6) Administrative provisions.--
(A) Access to information.--
(i) In general.--The review panel shall
have the authority to perform the following
actions if a majority of the review panel
members consider each action necessary and
appropriate:
(I) Entering onto the premises of
the FAA for access to and inspection of
records or other purposes.
(II) Notwithstanding any other
provision of law, except as provided in
clause (ii), accessing and inspecting
de-identified, but otherwise
unredacted, records directly necessary
for the completion of the review
panel's work under this section that
are in the possession of the FAA.
(III) Interviewing employees of the
FAA as necessary for the review panel
to complete its work.
(ii) Non-federal government members.--
Members of the review panel who are not
officers or employees of the Federal Government
shall only have access to, and be allowed to
inspect, information provided to the FAA
pursuant to section 40123 of title 49, United
States Code, and part 193 of title 14, Code of
Federal Regulations, in a de-identified form.
(B) Nondisclosure of confidential information.--
(i) Nondisclosure for non-federal
government members.--
(I) Non-federal government
participants.--Prior to participating
on the review panel, each individual
serving on the review panel
representing a non-Federal entity shall
execute an agreement with the
Administrator in which the individual
shall be prohibited from disclosing at
any time, except as required by law, to
any person, foreign or domestic, any
non-public information made available
to the panel under subparagraph (A).
(II) Federal government
participants.--Federal officers or
employees serving on the review panel
as representatives of the Federal
Government and subject to the
requirement to protect confidential
information (including proprietary
information and trade secrets under
section 1905 of title 18, United States
Code) shall not be required to execute
agreements under this clause.
(ii) Protection of information.--
Information that is obtained or reviewed by the
review panel shall not constitute a waiver of
the protections applicable to the information
under section 552 of title 5, United States
Code (commonly referred to as the ``Freedom of
Information Act''). Members of the review panel
shall protect such information to the extent
required under applicable law.
(iii) Protection of proprietary information
and trade secrets.--Members of the review panel
shall protect proprietary information, trade
secrets, and other information otherwise exempt
under section 552 of title 5, United States
Code, to the extent permitted under applicable
law.
(7) Inapplicability of faca.--The review panel shall not be
subject to chapter 10 of title 5, United States Code (commonly
referred to as the ``Federal Advisory Committee Act'').
(8) Process improvements.--Not later than 1 year after the
submission of the recommendations under paragraph (4), the
Administrator shall report to the appropriate committees of
Congress on the status of any ongoing actions in response to
such recommendations, including the status of implementation of
each of the recommendations of the review panel, if any, with
which the Administrator concurs.
(b) Non-Concurrence With Recommendations.--Not later than 6 months
after submission of the recommendations under subsection (a)(4), with
respect to each recommendation of the review panel with which the
Administrator does not concur, if any, the Administrator shall publish
on the website of the FAA and submit to the appropriate committees of
Congress a detailed explanation for such determination.
SEC. 4. ADS-B OUT REFORMS.
(a) Applicability of Certain Exceptions.--For purposes of applying
section 91.225(f) of title 14, Code of Federal Regulations (or any
successor regulation), the term ``sensitive government mission'' shall
be strictly construed and shall not include training flights, flights
of Federal officials below the rank of Cabinet Member, or any routine
flights.
(b) Conforming Amendment.--Section 1046(e)(3) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (49 U.S.C.
40101 note) is amended to read as follows:
``(3) The term `special mission aircraft' means an aircraft
the Secretary of Defense designates, in coordination with the
Federal Aviation Administration, for a unique mission to which
operating with ADS-B Out equipment installed and activated
creates a unique risk when weighed against any risk to the
safety of the national airspace system posed by non-equipage
and deactivation of ADS-B Out equipment.''.
(c) Administrative Action.--The Administrator shall modify section
91.225(f) of title 14, Code of Federal Regulations (or any successor
regulation), and any pertinent Memorandum of Agreement, to conform with
the requirements of this section.
(d) GAO Review and Report.--Not later than the date that is 1 year
after the date of enactment of this section, the Comptroller General
shall--
(1) review the utilization of exceptions specified in
section 91.225(f) of title 14, Code of Federal Regulations (or
any successor regulation), as modified to conform with the
requirements of this section, and section 1046(e)(3) of the
John S. McCain National Defense Authorization Act for Fiscal
Year 20