[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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rotorcraft Operations Transparency
and Oversight Reform Act'' or the ``ROTOR Act''.
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. 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 interpreting
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 update
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 such
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 under
subsection (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. 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 t