Sec. 903. Joint Aviation Safety Council
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This section may be cited as the or the Preventing Loss of Aircrews and Necessary Equipment Act . PLANE Act Congress makes the following findings: Section 1087 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1992) established and authorized funding for the National Commission on Military Aviation Safety (in this subsection referred to as the Commission ). The mission of the Commission as an independent establishment was to undertake a comprehensive study of United States military aviation mishaps that occurred between fiscal years 2013 and 2018 in order— to assess the rates of military aviation mishaps between fiscal years 2013 and 2018 compared to historic aviation mishap rates; to make an assessment of the underlying causes contributing to accidents arising from the unexplained physiological effects of flying; to make an assessment of causes contributing to delays in aviation maintenance and limiting operational availability of aircraft; to make an assessment of the causes contributing to military aviation mishaps; and to make recommendations on the modifications, if any, of safety, training, maintenance, personnel, or other policies related to military aviation safety.
The Commission released its report to the President and Congress on December 1, 2020, and found that the United States Armed Forces lost a total of 224 lives, $11,600,000,000, and 186 aircraft to training accidents or routine operations between fiscal years 2013 and 2020. While the Commission conducted its study, 26 lives, 29 aircraft, and $2,250,000,000 were lost. The Commission made a number of recommendations to correct the increasing number of mishaps in hopes of saving precious lives and resources in the future.
It is the sense of Congress that a confluence of factors is contributing to United States military aviation mishaps, including— lack of centralized joint oversight; misunderstanding of the physiological effects of the human-machine interface; byzantine planning, contracting, and program management processes; continued need for predictable and reliable funding; over-extension of aviation forces as a result of high demand and low density; underemphasis on maintainers as professional occupational specialties that require complex, career paths to support aviation safety, readiness, and operational tempo; and dwindling pilot retention.
Chapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section: There is established, within the Office of the Deputy Secretary of Defense, a Joint Aviation Safety Council (in this section referred to as the Council ). The Council shall be composed of voting members as follows: The Director of Safety for each military department. An employee of the Department of Defense appointed by the Deputy Secretary of Defense under paragraph (2)(B).
One member of each military department appointed by the Secretary concerned. The initial members of the Council shall be appointed not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. The Deputy Secretary of Defense shall appoint under paragraph (1)(B) an employee of the Department of Defense who is a career member of the Senior Executive Service with a record of successfully running programs within the Department.
Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of each military department shall appoint an officer of that department in grade O–8 as Director of Safety for the department. A member of the Council shall serve at the will of the official who appointed the member. Any vacancy on the Council shall be filled in the same manner as the original appointment. A member of the Council shall serve without compensation in addition to the compensation received by the member for the service of the member as an officer or employee of the United States.
The Council shall meet quarterly and at the call of the chairperson. The Secretary of Defense shall select one of the members of the Council who is a member of the armed forces to serve as chairperson of the Council. The chairperson shall serve for a term of two years. In addition to serving as the head of the Council, the chairperson shall— serve as the Director of Aviation Safety for the Department of Defense; serve as principal advisor to the Secretary of Defense regarding military aviation safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training; oversee all duties and activities of the Council including conduct of military aviation safety studies and issuance of safety guidance to services; work with and advise the Secretaries of the military departments through appointed safety chiefs to implement standardized aviation safety guidance across all military departments; submit an annual report to Secretary of Defense and Congress reviewing the compliance of each military department with the guidance described in clause (iv); advise Congress on issues related to military aviation safety and reforms; and oversee coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms.
The individual appointed under subsection (b)(1)(B) shall serve as vice chairperson of the Council. The vice chairperson of the Council shall report to the chairperson and serve as chairperson in the absence of the chairperson selected under subparagraph (A). Subject to subsection (e), the Council shall be responsible for issuing, publishing, and updating regulations related to military aviation safety, including regulations on the reporting and investigation of aviation mishaps.
The Council shall— establish uniform data collection standards for aviation mishaps in the Department of Defense; review the compliance of each military department in adopting and using the uniform data collection standards required under subparagraph (A); and review aviation mishap data to assess, identify, and prioritize risk mitigation efforts in military aviation. The Council shall establish— standards and requirements for the collection of aircraft, simulator, airfield, and pilot data; and requirements for each military department to collect and analyze the issuance of any waiver related to pilot qualifications or standards.
The Council shall— establish, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system; review for approval the proposal of each military department for an aviation safety management system; and review the implementation of that system by each military department. The Council shall review and assess civil aviation safety programs and practices and determine their suitability for implementation in military aviation.
The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. The Council may appoint and fix the rate of basic pay for additional personnel as staff of the Council in accordance with section 3101 of title 5. The Council may accept individuals on detail from within the Department of Defense and from other Federal agencies on a reimbursable or non-reimbursable basis. Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Administrator of General Services, in consultation with the Secretary of Defense, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Council.
If the Administrator is not able to make such suitable excess space available within such 90-day period, the Council may lease space to the extent that funds are available for such purpose. The Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. The chairperson of the Council may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
Under regulations prescribed by the Secretary of Defense, the Council shall have access to databases of the Department of Defense necessary to carry out the duties of the Council. Under regulations prescribed by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of aviation safety data. Except for such data as the Secretary of Defense may choose to provide, and notwithstanding any other provision of law, data collected by the Council under this subsection shall be privileged from disclosure or discovery to any person. .
The table of sections for chapter 7 of such title is amended by inserting after the item relating to section 183a the following new item: 184. Joint Aviation Safety Council. . The Secretary of Defense shall implement and provide the necessary resources for the Joint Aviation Safety Council established under section 184 of title 10, United States Code, as added by subsection (d), by not later than the date that is 120 days after the date of the enactment of this Act. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes— a description of the measures the Department of Defense plans to take to correct the issues identified in the report to the President and Congress of the National Commission on Military Aviation Safety Report, dated December 1, 2020; a statement of whether the Secretary concurs or disagrees with the findings of that report; and a detailed plan of action for implementation of each recommendation included in that report.
The amount authorized to be appropriated for fiscal year 2022 by this Act for military personnel appropriations is hereby increased by $4,000,000, with the amount of the increase to be available for the Joint Aviation Safety Council established under section 184 of title 10, United States Code, as added by subsection (d).
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- 132 Stat. 1992
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