[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2503 Engrossed in Senate (ES)]
<DOC>
119th CONGRESS
1st Session
S. 2503
_______________________________________________________________________
AN ACT
To require all aircraft to be equipped with Automatic Dependent
Surveillance-Broadcast In, 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,S 2503 - 119
Engrossed in Senate
ROTOR Act
23
Sections
0
Dollar amounts
42
Deadlines and effective dates
Dec 17, 2025
Text version date
Top affected agencies
Secretary of Defense 4
Secretary of the Army 2
Administrator of the Federal Aviation 1
Administrator of the Federal Aviation Administration 1
Administrator of the National Aeronautics and 1
agency shall 1
Secretary of Defense shall update the memorandum of 1
Secretary of Homeland Security 1
Top statutory references
section 553 of title 5 2
section 7111 of title
5 2
section 7511 of title
5 2
section 7511 of title 5 2
49
U.S.C. 40101 1
49 U.S.C. 40101 1
Public Law 115-232 1
section
44801 of title 49 1
Deadline phrases
Not later than 24
not later than 10
deadline 5
effective date 2
Deadline 1
Official PDF
Open official PDFStructured text
Sec. 1.
SECTION 1. SHORT TITLE.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rotorcraft Operations Transparency
and Oversight Reform Act'' or the ``ROTOR Act''.Sec. 2.
SEC. 2. DEFINITIONS.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) ADS-B in.--The term ``ADS-B In'' means onboard avionics
equipment that receives and processes Automatic Dependent
Surveillance-Broadcast transmissions that are broadcast in
accordance with sections 91.225 and 91.227 of title 14, Code of
Federal Regulations (or any successor regulations), and other
aviation advisory information from ground stations, that
provides the aircraft with awareness to the location of other
aircraft and traffic advisories.
(3) ADS-B out.--The term ``ADS-B Out''--
(A) has the meaning given such term in section
91.227 of title 14, Code of Federal Regulations; and
(B) broadcasts information from the aircraft in
accordance with sections 91.225 and 91.227 of such
title 14 (or any successor regulations).
(4) Affected aircraft.--The term ``affected aircraft''
means any aircraft that is required to operate in accordance
with section 91.225 of title 14, Code of Federal Regulations,
or any successor regulation.
(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, the Department of Commerce, the
Department of Defense, the Department of Education, the
Department of Energy, the Department of Health and Human
Services, the Department of Homeland Security, the Department
of Housing and Urban Development, the Department of the
Interior, the Department of Justice, the Department of Labor,
the Department of State, the Department of Transportation, the
Department of the Treasury, or the Department of Veterans
Affairs, or any other individual who occupies a position
designated by the President as a Cabinet-level position.
(7) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(8) National capital region; ncr.--The terms ``National
Capital Region'' and ``NCR'' mean the geographic area located
within the boundaries of--
(A) the District of Columbia;
(B) Montgomery and Prince Georges Counties in the
State of Maryland;
(C) Arlington, Fairfax, Loudoun, and Prince William
Counties and the City of Alexandria in the Commonwealth
of Virginia; and
(D) all cities and other units of government within
the geographic areas described in subparagraphs (A)
through (C).
(9) Powered-lift.--The term ``powered-lift''--
(A) has the meaning given such term in section 1.1
of title 14, Code of Federal Regulations (or any
successor regulation); and
(B) includes vertical-lift flight mode and wing-
borne flight mode, as such terms are defined in section
194.103 of title 14, Code of Federal Regulations (or
any 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 any successor regulation).
(11) Transport airplane.--The term ``transport airplane''
has the meaning given such term in section 44741(i) of title
49, United States Code.
(12) 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.
SEC. 3. REVISION TO EXCEPTION FOR ADS-B OUT TRANSMISSION.
SEC. 3. REVISION TO EXCEPTION FOR ADS-B OUT TRANSMISSION.
(a) ADS-B Out Reforms.--
(1) In general.--
(A) Sensitive government mission.--Beginning on the
date of enactment of this section, in applying section
91.225(f)(1) of title 14, Code of Federal Regulations,
the term ``sensitive government mission'' shall be
narrowly construed and shall not include routine
flights, non-classified flights, proficiency flights,
or flights of Federal officials below the rank of
Cabinet Member or the Chairman of the Joint Chiefs of
Staff.
(B) Notification.--For the purposes of interpretingSec. 91.225
section 91.225(f)(1) of title 14, Code of Federal
section 91.225(f)(1) of title 14, Code of Federal
Regulations, the operating agency shall--
(i) when operating a sensitive government
mission during which the aircraft will not be
transmitting ADS-B Out, notify Air Traffic
Control; and
(ii) notify the Committee on Commerce,
Science, and Transportation and the Committee
on the Armed Services of the Senate and the
Committee on Transportation and Infrastructure
and the Committee on the Armed Services of the
House of Representatives on a monthly basis
regarding each sensitive government mission
within Class B airspace operated during such
month.
(2) Rulemaking and administrative action.--
(A) In general.--Not later than 1 year after the
date of enactment of this section, the Administrator
shall--
(i) issue or revise regulations to updateSec. 91.225
section 91.225(f) of title 14, Code of Federal
section 91.225(f) of title 14, Code of Federal
Regulations, to comply with the requirements of
this section; and
(ii) revise any memorandum of agreement
between the FAA and any other Federal, State,
local, or Tribal agency to conform with the
revised regulations described in clause (i),
including any agreement pursuant to section
1046 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (49
U.S.C. 40101 note).
(B) Report.--If the Administrator fails to issue or
revise regulations pursuant to subparagraph (A) or
revise any memorandum of agreement between the FAA and
any other agency pursuant to such subparagraph, the
Administrator shall, within 30 days, submit to the
appropriate committees of Congress a report on the
status of such regulations, including the reasons that
the Administrator has failed to issue or revise such
regulations within the period required under such
subparagraph.
(b) GAO Review and Report.--Not later than the date that is 2 years
after the date of enactment of this section, the Comptroller General of
the United States shall--
(1) review the utilization of exceptions under section
91.225(f) of title 14, Code of Federal Regulations (or any
successor regulation), as revised under subsection (a), to
determine--
(A) whether the Department of Defense and other
relevant Federal agencies or other applicable operators
have utilized such exceptions in accordance with
relevant laws and regulations; and
(B) the extent of such utilization;
(2) compare the utilization of exceptions specified in suchSec. 91.225
section 91.225(f) before and after the issuance of revised
section 91.225(f) before and after the issuance of revised
regulations under subsection (a); and
(3) submit to the Administrator and the appropriate
committees of Congress a report on the findings of the review
conducted under paragraph (1) and the comparison conducted
under paragraph (2).
(c) FAA Review of Non-compliant Operators.--Upon submission of the
report under subsection (b)(3), the Administrator shall--
(1) determine whether any Federal agency or other
applicable operator that has been found to have not utilized
the exceptions under section 91.225(f) of title 14, Code of
Federal Regulations (or any successor regulation), as revised
under subsection (a), in accordance with relevant laws and
regulations shall be permitted to continue to utilize such
exceptions; and
(2) not later than 30 days after the date on which the
Comptroller General submits the report under subsection (b)(3),
brief the appropriate committees of Congress on such
determination.
(d) Reports.--
(1) To the administrator.--Not later than 90 days after the
date of enactment of this section, and on a quarterly basis
thereafter, each Federal, State, local, and Tribal agency that
performs sensitive government missions as described in section
91.225(f)(1) of title 14, Code of Federal Regulations (or any
successor regulation), as revised under subsection (a), shall
submit to the Administrator a report that includes--
(A) an attestation that such operations are
regularly transmitting ADS-B Out and are conducted with
proper consideration to aviation safety;
(B) a list of operations delineated by flight in
which the ADS-B Out equipment is not in transmit mode
because the aircraft was performing a sensitive
government mission, including the airport, airspace
location, date, time, duration, and mission type of
each such operation; and
(C) with respect to any classified operation, a
classified annex.
(2) To congress.--
(A) In general.--Not later than 180 days after the
date of enactment of this section, and biannually
thereafter, the Administrator shall submit to the
appropriate committees of Congress a report on the
frequency and nature of the ADS-B Out exceptions
granted to Federal, State, local, and Tribal agencies
under section 91.225(f)(1) of title 14, Code of Federal
Regulations (or any successor regulation), as revised
under subsection (a). Such report--
(i) shall include--
(I) aggregated data on the
operations in which ADS-B Out equipment
is not in transmit mode by each agency
described in paragraph (1); and
(II) a determination from the
Administrator as to whether each
operation described in paragraph (1)(B)
jeopardizes aviation safety; and
(ii) may include a classified annex.
(B) Special notification.--If an agency described
in paragraph (1) operates a flight using an exception
granted under section 91.225(f)(1) of title 14, Code of
Federal Regulations (or any successor regulation), as
revised under subsection (a), 5 or more times in a
calendar month, or fails to provide to the
Administrator the attestation required under paragraph
(1)(A), the Administrator shall notify the appropriate
committees of Congress of such use within 14 days of
being notified of such use. For the purposes of this
subparagraph, a flight shall be interpreted as the
period beginning when an aircraft moves under its own
power for the purpose of flight and ending when the
aircraft lands.
(e) Annual Inspector General Audits.--
(1) In general.--Beginning on the date that is 3 years
after the date of enactment of this section, the Inspector
General of the Department of Transportation (in this section
referred to as the ``Inspector General'') shall conduct an
annual audit of FAA oversight of all operations that utilize an
exception under section 91.225(f) of title 14, Code of Federal
Regulations (or any successor regulation), as revised undersubsection (a), including Federal agency operations.
(2) Considerations.--In conducting an audit under paragraph
(1), the Inspector General shall assess the efficacy of FAA
oversight related to the following:
(A) Ensuring exceptions under such section
91.225(f)(1) (or any successor regulation) are strictly
utilized by operators in accordance with relevant laws
and regulations.
(B) Ensuring exceptions under such section
91.225(f)(1) (or any successor regulation) are not
routinely used by operators.
(C) Identifying and engaging with any operator not
in compliance with relevant laws and regulations
relating to exceptions under such section 91.225(f)(1)
(or any successor regulation).
(D) Any other factor determined appropriate by the
Inspector General.
(3) Briefings to congress.--The Inspector General shall
brief the appropriate committees of Congress on an annual basis
after the completion of each annual audit.Sec. 4.
SEC. 4. ADS-B IN REQUIREMENTS.
SEC. 4. ADS-B IN REQUIREMENTS.
(a) Requirement for ADS-B In Operation.--
(1) In general.--Not later than 2 years after the date of
enactment of this section, the Administrator shall issue a
final rule in accordance with section 553 of title 5, United
States Code, to require any person operating an aircraft (other
than an unmanned aircraft, as defined in section 44801 of title
49, United States Code) required to be equipped with ADS-B Out
in accordance with section 91.225 of title 14, Code of Federal
Regulations (or any successor regulation), to be equipped with
and operating with ADS-B In equipment that provides the
aircraft with awareness to the location of other aircraft and
traffic advisories, unless otherwise authorized by air traffic
control.
(2) Compliance deadlines.--In issuing a final rule under
paragraph (1), the Administrator shall--
(A) include an effective date of not later than 60
days after the date on which such final rule is
published in the Federal Register; and
(B) require aircraft described in paragraph (1) to
be equipped with ADS-B In not later than December 31,
2031.
(3) Final regulation requirements.--In issuing a final rule
under paragraph (1), the Administrator shall, at a minimum, do
the following:
(A) Performance standards.--The Administrator shall
establish appropriate performance requirements for ADS-
B In equipment to provide integrated safety-enhancing
capabilities for a pilot or other flight crew,
including by increasing situational awareness to the
location of other aircraft and providing traffic
advisories with alerting sufficient to provide traffic
advisory indications while airborne and on the airport
surface, such as visual and aural advisories.
(B) Alternative equipment or technology.--With
respect to aircraft with a maximum certificated takeoff
weight of less than 12,500 pounds when operating under
part 91 of title 14, Code of Federal Regulations, and
qualifying military aircraft as specified by the
Administrator in consultation with the Secretary of
Defense, the Administrator shall establish performance
requirements for alternative equipment or technology
that the Administrator determines acceptable in
satisfying the ADS-B In requirement. The performance
requirements shall, at a minimum--
(i) provide similar or improved situational
awareness to the location of other airborne
traffic, as well as traffic advisory
information; and
(ii) leverage the use of portable ADS-B In
receivers or equipment that allow display on an
existing or future electronic flight bag or
panel mounted display, provided that the
installation or use of such equipment does not
adversely affect other required avionics or the
airworthiness of the aircraft.
(C) Required briefing.--The Administrator shall
brief the appropriate committees of Congress, the
Committee on Armed Services of the Senate, and the
Committee on Armed Services of the House of
Representatives, on at least a monthly basis, regarding
the alternative equipment or technology for qualifying
military aircraft prior to determining that such
equipment or technology is acceptable to satisfy the
ADS-B In requirement.
(D) Guidance.--The Administrator shall issue
relevant guidance for aircraft operators and other
appropriate stakeholders regarding the types of
equipment that satisfy the performance requirements
described in this paragraph.
(4) Other requirements.--In issuing a final rule under
paragraph (1), the Administrator shall include--
(A) requirements for ADS-B In equipment and the use
of such equipment;
(B) technical assistance to facilitating ADS-B In
equipage across the entire fleet of affected aircraft,
including, as appropriate, guidance under part 26 of
title 14, Code of Federal Regulations, to provide
support for affected transport airplane operators incomplying with the requirements of this section;
(C) any other associated guidance necessary to
assist operators and other stakeholders in identifying
equipment that satisfies the ADS-B In performance
standards described in paragraph (3) prior to the
compliance deadline described in paragraph (2)(B);
(D) a determination of alternative equipment or
technology described in subsection (e); and
(E) a presumption, absent clear and compelling
evidence to the contrary, that ADS-B In equipment is
cost beneficial and improves aviation safety.
(5) Congressional briefings.--Not later than 180 days after
the date of enactment of this section, and every 90 days
thereafter, the Administrator shall brief the appropriate
committees of Congress, as well as publish a publicly available
report, on the status of--
(A) the ADS-B In rulemaking required under
paragraph (1); and
(B) after the compliance deadline described in
paragraph (2)(A), the implementation and oversight of
such ADS-B In requirement.
(b) Negotiated Rulemaking Committee.--
(1) Committee.--
(A) In general.--Not later than 60 days after the
date of enactment of this section, the Administrator
may establish a negotiated rulemaking committee (in
this section referred to as the ``committee'') pursuant
to section 565 of title 5, United States Code, to
negotiate proposed regulations to implement the
requirements described in subsection (a).
(B) Membership.--If the Administrator elects to
establish a committee under this subsection, the
committee shall be composed of--
(i) representatives of--
(I) the FAA;
(II) air carriers;
(III) avionics manufacturers;
(IV) aircraft manufacturers; and
(V) general aviation organizations;
(ii) the exclusive bargaining
representative of air traffic controllers of
the FAA certified under section 7511 of title
5, United States Code;
(iii) organizations representing certified
collective bargaining representatives of
airline pilots, including the principal
organization representing the largest certified
collective bargaining representative of airline
pilots;
(iv) aviation safety experts outside of the
FAA; and
(v) any other representatives determined
appropriate by the Administrator.
(C) Required consultation.--In establishing a
committee under this subsection, the Administrator--
(i) shall consult with the Secretary of
Defense and the Secretary of Homeland Security;
and
(ii) may consult with other Federal
agencies as appropriate.
(2) Requirements.--If the Administrator elects to establish
a committee under this subsection, the Administrator shall do
the following:
(A) In general.--The Administrator shall direct the
committee to make recommendations relating to--
(i) ADS-B In equipment and its use;
(ii) ADS-B In equipment performance
standards pursuant to subsection (a)(3);
(iii) the consideration of effective
approaches to facilitating ADS-B In equipage
across the entire fleet of affected aircraft,
including requirements under part 26 of title
14, Code of Federal Regulations, to provide
support for affected transport category
airplane operators in complying with the
requirements of this section; and
(iv) with respect to aircraft with a
maximum certificated takeoff weight of less
than 12,500 pounds when operating under part 91
of title 14, Code of Federal Regulations, a
recommendation for low cost alternativeequipment or technology in accordance with
subsection (e).
(B) Lack of committee consensus.--In the event the
committee does not reach a consensus regarding a
recommendation for low cost alternative equipment or
technology under subparagraph (A)(iv), the
Administrator shall, after the submission of the
committee under paragraph (3), consider prescribing a
low cost alternative that includes the criteria
described in subsection (e).
(3) Submission to the administrator.--If the Administrator
elects to establish a committee under this subsection, not
later than 1 year after the date of enactment of this section,
the committee shall submit to the Administrator--
(A) a consensus proposal of regulations to
implement the requirement described in subsection
(a)(1); or
(B) in the event the committee does not reach a
consensus, a report identifying any points of agreement
and disagreement with respect to such proposed
regulations.
(4) Proposed rule.--If the Administrator elects to
establish a committee under this subsection, not later than 180
days after receiving the submission of the committee under
paragraph (3), the Administrator shall issue a proposed rule,
in accordance with section 553 of title 5, United States Code,
that either--
(A) to the maximum extent possible consistent with
the legal obligations of the FAA, uses the consensus
proposal of the committee under paragraph (3)(A) as the
basis for the proposed rule for notice and comment,
including with respect to any standards or requirements
described in subsection (a)(3); or
(B) in the event the committee does not reach a
consensus, considers the points of agreement and
disagreement submitted by the committee under paragraph
(3)(B).
(c) Consultation Required Without Negotiated Rulemaking
Committee.--If the Administrator does not establish a committee under
subsection (b), prior to issuing a final rule, the Administrator shall
consult with appropriate stakeholders in conducting the rulemaking
required under subsection (a)(1), including at a minimum the
representatives described in subsection (b)(1)(B).
(d) Phased-in Retrofit.--
(1) In general.--In issuing a final rule under subsection
(a)(1), the Administrator shall--
(A) establish a process by which the operator of an
affected aircraft, in service as of the date on which
the final rule under subsection (a)(1) is published in
the Federal Register in accordance with subsection
(a)(2)(A), may apply to the Administrator to request
additional time, not to exceed a period of 1 year after
the deadline described in subsection (a)(2)(B), to
finalize equipage of its fleet and make ADS-B In
operational, provided that--
(i) an aircraft operator, owner, or their
agent submits an application deemed acceptable
to the Administrator for additional time for
compliance, including a justification for such
request and an attestation of actions to date
demonstrating progress toward achieving
compliance;
(ii) the Administrator, in consultation
with the Secretary of Transportation,
determines additional time is required to
mitigate a significant disruption to air
transportation; and
(iii) the Administrator determines the
aircraft operator or owner does not have any
uncorrected violations of subchapters F and G
of chapter I of title 14, Code of Federal
Regulations; and
(B) notify the appropriate committees of Congress
not later than 14 days after making a determination
under clause (ii) or (iii) of subparagraph (A).
(2) Special rule for agents.--With the exception of an
agent representing an owner or operator of transport airplanes,
for the purposes of this subsection, an agent may represent
more than 1 aircraft operator or owner of the same type, model,
or manufacturer and may submit 1 or more applications underparagraph (1)(A)(i), each of which may contain multiple
aircraft operators or owners.
(e) Low Cost Alternative Method of Compliance.--In issuing a final
rule under subsection (a)(1), the Administrator shall determine low
cost equipment or technologies that provide similar or improved
situational awareness to the location of other airborne traffic, as
well as traffic advisory information, that satisfy the ADS-B In
equipage requirement for aircraft with a maximum certificated takeoff
weight of less than 12,500 pounds when operated under part 91 of title
14, Code of Federal Regulations. In making such a determination, the
Administrator shall consider the use of--
(1) portable ADS-B In receivers; and
(2) equipment that allows display on an existing or future
electronic flight bag or panel mounted display, provided the
installation or use does not adversely affect other required
avionics or the airworthiness of the aircraft.
(f) Proactive Equipage.--With respect to any aircraft for which
ADS-B In equipment is available and complies with the requirements of
the final rule issued under subsection (a)(1), the operator of any such
aircraft shall take all appropriate actions necessary to equip such
aircraft with ADS-B In prior to the compliance deadline described in
subsection (a)(2).
(g) Separation Standards; Relevant Controller Training.--
(1) Rulemaking.--
(A) In general.--Not later than 18 months after the
effective date of the final rule described in
subsection (a), the Administrator shall issue a notice
of proposed rulemaking to establish separation
standards, as appropriate, that leverage ADS-B Out or
ADS-B In equipment, and all other available
technological capabilities in the air traffic control
system, to achieve safety and efficiency benefits
throughout the national airspace system, including on
an airport surface and within Class E airspace (as
defined in section 71.71 of title 14, Code of Federal
Regulations, or any successor regulation).
(B) Consultation.--In conducting the rulemaking
under this subsection, the Administrator shall consult
with appropriate stakeholders, including, at a
minimum--
(i) representatives of--
(I) air carriers;
(II) original equipment
manufacturers; and
(III) general aviation
organizations;
(ii) organizations representing certified
collective bargaining representatives of
airline pilots, including the principal
organization representing the largest certified
collective bargaining representative of airline
pilots;
(iii) the exclusive bargaining
representative of air traffic controllers of
the FAA certified under section 7111 of title
5, United States Code;
(iv) aviation safety experts from outside
the FAA; and
(v) any other stakeholder deemed
appropriate by the Administrator.
(2) Required updates to faa orders.--Not later than 18
months after the issuance of the notice of proposed rulemaking
under paragraph (1)(A), the Administrator shall complete
revisions, as appropriate, to FAA Order 7110.65 and other
relevant FAA Orders, to increase safety and efficiency benefits
in the national airspace system.
(3) Relevant controller training.--
(A) In general.--Not later than 1 year after the
compliance deadline described in subsection (a)(2), the
Administrator shall revise initial and recurrent air
traffic controller training, as appropriate, in
accordance with FAA Orders 3000.22 and 3120.4 and
revise associated orders and directives, as
appropriate, to ensure such controllers are trained to
apply any new separation standards and procedures.
(B) Requirements.--In revising training under
subparagraph (A), the Administrator shall--
(i) consider human factors impacts,
appropriate phraseology adjustments, and
surface movement applications; and
(ii) consult with the exclusive bargainingrepresentative of air traffic controllers of
the FAA certified under section 7111 of title
5, United States Code.
(h) ACAS-X Action Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Administrator shall submit to
the appropriate committees of Congress an action plan for
advancing the deployment of the Airborne Collision Avoidance
System-X (in this section referred to as ``ACAS-X''), or any
variant or successor technology, in the national airspace
system. The Administrator shall publish the action plan in a
publicly available format not later than 10 days after
submitting such action plan to Congress.
(2) Contents.--In developing the action plan under
paragraph (1), the Administrator shall include--
(A) a strategic roadmap for the deployment of ACAS-
X technology, including steps required for widespread
adoption among aircraft operators (including rotorcraft
operators);
(B) actions and funding necessary to complete any
applicable research, development, testing, evaluation,
and standards development needed to support the
certification of such technology;
(C) plans for engagement with appropriate
stakeholders, including--
(i) aircraft operators, including those in
the Department of Defense;
(ii) aviation safety experts outside the
FAA;
(iii) avionics manufacturers;
(iv) aircraft manufacturers;
(v) general aviation organizations;
(vi) the exclusive bargaining
representative of air traffic controllers of
the FAA certified under section 7511 of title
5, United States Code;
(vii) organizations representing certified
collective bargaining representatives of
airline pilots, including the principal
organization representing the largest certified
collective bargaining representative of airline
pilots; and
(viii) any other stakeholders determined
appropriate by the Administrator;
(D) engagement with foreign civil aviation
authorities to harmonize international standards for
certification of such technology;
(E) ACAS-X interoperability considerations for
aircraft operators (including rotorcraft operators)
equipped with ADS-B Out and ADS-B In equipment;
(F) an assessment of safety benefits for aircraft
operators equipping with such technology, including
civil and military operators; and
(G) any recommendations for administrative or
legislative action, as determined appropriate by the
Administrator, to advance such technology deployment.
(3) Implementation.--The Administrator may take actions, as
appropriate, to implement the action plan developed under
paragraph (1).
(4) Briefing.--Not later than 30 days after the date on
which the Administrator submits the action plan under paragraph
(1), the Administrator shall brief the appropriate committees
of Congress on the contents of such action plan and any
prospective actions to implement such plan.
(i) ARAC Tasking.--
(1) In general.--The Administrator shall task the Aviation
Rulemaking Advisory Committee (in this section referred to as
the ``ARAC'') with reviewing and assessing the need for
aircraft operating in Class D airspace to be equipped with ADS-
B Out and ADS-B In equipment.
(2) Report and recommendations.--Not later than 1 year
after initiating the review and assessment under this section,
the ARAC shall submit to the Administrator--
(A) a report on the findings of the review and
assessment under paragraph (1); and
(B) any recommendations for legislative or
regulatory action the ARAC determines appropriate.
(3) Briefing.--Not later than 30 days after the date on
which the ARAC submits the report under paragraph (2), the
Administrator shall brief the appropriate committees of
Congress on--
(A) the findings and recommendations included insuch report; and
(B) any plan to implement such recommendations,
including a justification for any recommendations the
Administrator determines should not be implemented.Sec. 5.
SEC. 5. REPEAL OF MANNED ROTARY WING AIRCRAFT SAFETY PROVISIONS.
SEC. 5. REPEAL OF MANNED ROTARY WING AIRCRAFT SAFETY PROVISIONS.
Sec. 373
Section 373(a) of the National Defense Authorization Act for Fiscal
Section 373(a) of the National Defense Authorization Act for Fiscal Year 2026 is repealed, and Chapter 157 of title 10, United States Code, shall be applied as if the amendments made by such section had not been enacted.
Sec. 6.
SEC. 6. INSPECTOR GENERAL OF THE ARMY AUDIT.
SEC. 6. INSPECTOR GENERAL OF THE ARMY AUDIT.
(a) In General.--Not later than 60 days after the date of enactment
of this section, the Inspector General of the Army shall initiate an
audit to evaluate the Army's coordination with the FAA, pilot training,
and qualification standards, and the Army's use of ADS-B Out and
whether it adheres to Army policy, regulation, and law.
(b) Assessment.--In conducting the audit required by subsection
(a), the Inspector General of the Army shall assess practices and
recommendations for the Army, including--
(1) whether Army policy and United States law was adhered
to, and the Army's coordination with the FAA, during National
Capital Region (``NCR'') operations of pilot training and
qualifications standards in the NCR;
(2) the Army's policy on ADS-B Out equipage, usage, and
activation;
(3) maintenance protocols for UH-60 Black Hawk helicopters
operated by the 12th Army Aviation Brigade including, but not
limited to, the calibration of any system that transmits
altitude and position information outside the aircraft and the
calibration of systems that send altitude and position
information to the pilots inside the aircraft, and the
frequency with which such maintenance protocols occur;
(4) compliance with the September 29, 2021, Letter of
Agreement executed between the Pentagon Heliport Air Traffic
Control Tower and the Ronald Reagan Washington National Airport
Air Traffic Control Tower regarding flight operations in the
NCR; and
(5) the Army's review of loss of separation incidents
involving its rotorcraft in the NCR along with possible
mitigations to prevent future mishaps.
(c) Public Disclosure.--Not later than 14 days after the audit
required by subsection (a) is concluded, the Secretary of the Army
shall--
(1) transmit a report on the results of the audit, without
redactions, to the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Armed Services of the House of
Representatives; and
(2) publicly release the report without redactions, except
to the extent required for national security reasons.
(d) Interim Reporting.--Not later than 180 days after initiating
the audit required by subsection (a), and every 180 days thereafter
until such audit is concluded, the Inspector General of the Army shall
brief the committees of Congress described in subsection (c)(1)
regarding the progress of such audit.Sec. 7.
SEC. 7. SAFETY REVIEWS OF AIRSPACE.
SEC. 7. SAFETY REVIEWS OF AIRSPACE.
(a) FAA-DOD Coordination.--Not later than 30 days after the date of
enactment of this section, the Administrator shall establish or
designate an office within the FAA as the ``Office of FAA-DOD
Coordination'' (in this section referred to as the ``Office''), which
shall--
(1) coordinate airspace usage of military aircraft and
rotorcraft with relevant FAA lines of business, including the
Air Traffic Organization;
(2) coordinate with the Office of Audit and Evaluation of
the FAA to ensure employee complaints and whistleblower
protections are considered;
(3) consider opportunities to improve management and
consolidation of aviation safety information system databases
to enhance civil and military aviation incident reporting; and
(4) carry out the safety review required by subsection (b).
(b) Safety Reviews.--
(1) Review of ronald reagan washington national airport.--
(A) In general.--Not later than 30 days after the
date on which the Office is established or designated,
the Administrator shall initiate a safety review of all
military, law enforcement, and civilian rotary wing,
powered lift, fixed wing, and unmanned aircraft system
flight operations and flight routes in the Washington
D.C. Metropolitan Area Special Flight Rules Area,
including but not limited to flight operations
conducted by the Department of Defense, emergency
response providers, and air medical transport
operators, to evaluate any associated safety risk to
commercial transport airplane operations at Ronald
Reagan Washington National Airport.
(B) Consultation.--In conducting a safety review
under subparagraph (A), the Administrator shall consult
with--
(i) the Secretary of Defense;
(ii) Federal, State, and local agencies;
(iii) law enforcement agencies;
(iv) emergency response providers,
including air medical transport operators;
(v) air carriers;
(vi) aviation labor organizations,
including, at a minimum--
(I) the exclusive bargaining
representative of air traffic
controllers of the FAA certified underSec. 7511
section 7511 of title 5, United States
section 7511 of title 5, United States
Code; and
(II) organizations representing
certified collective bargaining
representatives of airline pilots,
including the principal organization
representing the largest certified
collective bargaining representative of
airline pilots; and
(vii) other stakeholders determined
appropriate by the Administrator.
(2) Other airport reviews.--
(A) In general.--The Administrator shall conduct
safety reviews of all military, law enforcement and
civilian rotary wing, powered lift, fixed wing, and
unmanned aircraft system flight operations and flight
routes at other Class B airports (as listed in section
1 of Appendix D to part 91 of title 14, Code of Federal
Regulations (or any successor regulation)) and within
the lateral boundary of Class B airspace, at commercial
service Class C airports (as listed in FAA Order JO
7400.11J (or any successor order)) and within the
lateral boundary of Class C airspace in the national
airspace system, and at Class D airports that provide
passenger service under part 121 of title 14, Code of
Federal Regulations, determined to meet the risk
criteria set forth in subparagraph (C), including
flight operations conducted by the Department of
Defense, emergency response providers, and air medical
transport operators, to evaluate any associated safety
risk to commercial transport airplane operations.
(B) Consultation.--In conducting a safety review
under subparagraph (A), the Administrator shall consult
with--
(i) the Secretary of Defense;
(ii) Federal, State, local, and Tribal
agencies;
(iii) law enforcement agencies;
(iv) emergency response providers;
(v) air carriers;
(vi) aviation labor organizations,
including, at a minimum--
(I) the exclusive bargaining
representative of air traffic
controllers of the FAA certified underSec. 7511
section 7511 of title 5, United States
section 7511 of title 5, United States
Code; and
(II) organizations representing
certified collective bargaining
representatives of airline pilots,
including the principal organization
representing the largest certified
collective bargaining representative of
airline pilots; and
(vii) other stakeholders determined
appropriate by the Administrator.
(C) Prioritization and risk criteria.--In
prioritizing the safety reviews of Class B, Class C,
and Class D airports described in subparagraph (A) and
conducting the safety reviews pursuant to subparagraph
(A), the Administrator shall, at a minimum, consider
the following risk criteria:
(i) The type of airspace the airport is
located in and the type of tower at the
airport.
(ii) Whether the airport has radar on the
field.
(iii) The total number of air traffic
operations at the airport per calendar year, as
reported in the Operations Network (OPSNET)
data of the FAA, and the rate of growth
measured over a 20-year period prior to the
initiation of a safety review under this
section.
(iv) The Traffic Collision Avoidance System
(TCAS) resolution advisory rates at the airport
compared to the number of arrivals at the
airport.
(v) The presence of parallel runways.
(vi) The presence of visual flights (in
this subparagraph referred to as ``VFR'')
corridors in proximity to the airport.
(vii) The presence of a helicopter corridor
in proximity to the airport or nearby
helicopter operations.
(viii) The presence of dense VFR operations
at the airport.
(ix) The presence of complex VFR procedures
at the airport or in the adjacent airspace.
(D) Deadline of initiation of reviews.--The
Administrator shall initiate the reviews under this
paragraph by the following deadlines:
(i) Class b airports.--With respect to
Class B airports, not later than 90 days after
the date of enactment of this section.
(ii) Class c airports.--With respect to
Class C airports, not later than 90 days after
the initiation date of the Class B airport
reviews.
(iii) Class d airports.--With respect to
Class D airports, not later than 90 days after
the initiation date of the Class C airport
reviews.
(3) Requirements.--In conducting the safety reviews
required by paragraphs (1) and (2), the Office shall do the
following:
(A) Analyze air traffic and airspace management.
(B) Evaluate the level of coordination the
Administrator exercises with the Secretary of Defense
and the heads of any other Federal agencies, and
emergency response providers as appropriate, to inform
the designation and approval of airspace use and flight
routes for non-transport airplane operations.
(C) Assess any risks posed to transport airplanes
from military aircraft and rotorcraft, civil
rotorcraft, powered lift aircraft, and unmanned
aircraft systems operating in Class B, Class C, or
Class D airspace in proximity to Class B, Class C, or
Class D airports.
(D) Review relevant incidents submitted to the
Administrator through Air Traffic Mandatory Occurrence
reports (as documented via FAA Form 7210-13), Aviation
Safety Reporting System reports, and Aviation Safety
Action Program reports, and relevant reports submitted
to the Administrator of the National Aeronautics and
Space Administration through the Aviation SafetyReporting System, to identify any safety trends
regarding the operation of military aircraft and
rotorcraft, civil rotorcraft, powered lift aircraft,
and unmanned aircraft systems in Class B, Class C, or
Class D airspace near Class B, Class C, or Class D
airports.
(4) Deadlines for completion of safety reviews.--
(A) Ronald reagan washington national airport.--The
Administrator shall complete the safety review required
by paragraph (1) not later than 120 days after the date
on which such review is initiated.
(B) Other airports.--The Administrator shall
complete a safety review required by paragraph (2) not
later than 180 days after such review is initiated.
(5) Reports.--
(A) Review of ronald reagan washington national
airport.--Not later than 60 days after completing the
safety review required by paragraph (1), the
Administrator shall submit to the appropriate
committees of Congress a report detailing the analyses
and results of such review, together with relevant
findings and recommendations, including any corrective
action plans to address any risks identified, and
recommendations for legislative or administrative
action determined appropriate by the Administrator.
(B) Other airport reviews.--Not later than 6 months
after the date of enactment of this section, and every
6 months thereafter, the Administrator shall submit to
the appropriate committees of Congress a report
detailing the analyses and results of the safety
reviews completed pursuant to paragraph (2) since the
preceding report under this subparagraph (or, in the
case of the first such report, since such date of
enactment), together with relevant findings and
recommendations, including any corrective action plans
to address any risks identified, and recommendations
for legislative or administrative actions determined
appropriate by the Administrator.
(6) Designation.--The Administrator shall designate a
person within the Senior Executive Service of the FAA to be
directly responsible for the completion of the requirements of
this subsection.
(7) Staffing.--The Administrator shall ensure adequate
staffing to conduct the safety reviews within the deadlines
specified in this section.Sec. 8.
SEC. 8. FAA-DOD SAFETY INFORMATION SHARING.
SEC. 8. FAA-DOD SAFETY INFORMATION SHARING.
(a) MOU With the Department of the Army.--Not later than 60 days
after the date of enactment of this section, the Administrator shall
enter into a Memorandum of Understanding with the Secretary of the Army
to permit, as appropriate, the sharing of information from the Army's
Safety Management Information System with the FAA, as well as the
sharing of information from the FAA's Aviation Safety Information
Analysis and Sharing System, Operational Analysis Reporting System,
Safety Trend Analytics Dashboard, Aviation Risk Identification and
Assessment Program, Comprehensive Electronic Data Analysis and
Reporting Tool, and Falcon tool with the Army, to facilitate
communications and analysis of any applicable impacts to the safety and
efficiency of civil aviation operations and to mitigate risk in the
national airspace system.
(b) Other DOD MOUs.--Not later than 90 days after the date of
enactment of this section, the Administrator shall enter into a
Memorandum of Understanding with the following military departments to
permit, as appropriate, the sharing of information from applicable
aviation safety information systems to facilitate communications and
analysis of any applicable impacts to the safety and efficiency of
civil aviation operations and to mitigate risk in the national airspace
system:
(1) The Department of the Navy.
(2) The Department of the Air Force.
(3) The Coast Guard.
(c) Congressional Notification.--Not later than 7 days after the
date on which the Administrator enters into any Memorandum of
Understanding under subsection (a) or (b), the Administrator shall
notify the Committee on Commerce, Science, and Transportation and the
Committee on Armed Services of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Armed Services
of the House of Representatives.Sec. 9.
SEC. 9. TREATMENT OF MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT OF
SEC. 9. TREATMENT OF MEMORANDUM OF AGREEMENT BETWEEN DEPARTMENT OF
DEFENSE AND FEDERAL AVIATION ADMINISTRATION.
(a) In General.--For purposes of subsection (b) of section 1046 of
the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 49 U.S.C. 40101 note), the Memorandum of
Agreement Between the Department of Defense and the FAA entered into on
May 10, 2024, is deemed to be notice jointly submitted to the
appropriate congressional committees for purposes of such subsection
and subsection (a) of such section shall cease to be effective as of
such date.
(b) Update and Effect of Memorandum of Agreement.--
(1) Update.--The Secretary of Transportation and the
Secretary of Defense shall update the memorandum of
understanding described in subsection (a) consistent with
regulations issued by the Administrator of the Federal Aviation
Administration pursuant to section 3(a)(2).
(2) Effect of memorandum of agreement.--The memorandum of
agreement described in subsection (a) shall remain in force
subject to--
(A) any modifications made jointly by the Secretary
of Transportation and the Secretary of Defense;
(B) termination by either such Secretary; or
(C) modification or termination by law.
Passed the Senate December 17, 2025.
Attest:
Secretary.
119th CONGRESS
1st Session
S. 2503
_______________________________________________________________________
AN ACT
To require all aircraft to be equipped with Automatic Dependent
Surveillance-Broadcast In, to improve aviation safety, and for other
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