119 S2503 IS: Rotorcraft Operations Transparency and Oversight Reform Act
U.S. Senate
2025-07-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as the Rotorcraft Operations Transparency and Oversight Reform Act
or the ROTOR Act
.
2.
Revision to Exception for ADS–B Out Transmission
(a)
(1)
Not later than 1 year after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this Act referred to as the Administrator
) shall issue or revise regulations to clarify that, with respect to the exception described in section 91.225(f)(1) of title 14, Code of Federal Regulations, the term sensitive government mission shall not include any proficiency evaluation or training mission operated within the lateral boundaries of the surface area of Class B or Class C airspace, unless such operation is for a national security event.
(2)
If the Administrator fails to issue or revise regulations pursuant to paragraph (1), the Administrator shall, within 30 days, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of such regulations, including the reasons that the Administrator has failed to issue or revise such regulations.
(b)
Guidance on use of technology other than ADS–B
Not later than 180 days after the date of enactment of this section, the Administrator shall issue guidance to clarify that, to the extent practicable, all aircraft operating for purposes of national defense, homeland security intelligence, or law enforcement should utilize Traffic Information Services–Broadcast (TIS–B
) and the Traffic Alert and Collision Avoidance System (TCAS
).
(c)
(1)
Not later than 90 days after the date of enactment of this section, each agency required to operate Automatic Dependent Surveillance–Broadcast Out (in this Act referred to as ADS–B Out
) in transmit mode in accordance with section 91.225 of such title 14 shall submit to the Administrator, on a quarterly basis until the date described in paragraph (3), 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; and
(B)
a summary of operations in which the ADS–B Out equipment is not in transmit mode, including the date, time, duration, and mission type of such operations.
(2)
(A)
Not later than 180 days after the date of enactment of this section, and biannually thereafter until the date described in paragraph (3), the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives 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. Such report 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 whether such operations jeopardize aviation safety.
(B)
If the Administrator determines that an agency described in paragraph (1) is too frequently, at the discretion of the Administrator, using exceptions granted under section 91.225(f)(1) of such title 14, the Administrator shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of such determination within 14 days of such determination.
(3)
The reporting requirements described in this subsection shall terminate on the date that is 10 years after the date of enactment of this section.
3.
(a)
Requirement for newly manufactured
manned aircraft
Subject to subsection (c), not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule that has an effective date which is not later than 3 years of the date on which such final rule is issued to require that any newly manufactured aircraft (other than an unmanned aircraft as defined in section 44801 of title 49, United States Code) registered in the United States shall be equipped with Automatic Dependent Surveillance–Broadcast In (referred to in this section as ADS–B In
).
(b)
ADS–B In required in designated airspace
(1)
Subject to subsection (c), not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule that has an effective date which is not later than 3 years of the date on which such final rule is issued to require that any aircraft (other than an unmanned aircraft as defined in section 44801 of title 49, United States Code) manufactured as of the date of enactment of this section that is required to be equipped with ADS–B Out when operating in an airspace described in section 91.225(d) of title 14, Code of Federal Regulations, shall also be required to install and operate ADS–B In.
(2)
(A)
In conducting the rulemaking under paragraph (1), the Administrator may consider whether any aircraft described in paragraph (1) would require additional time, not to exceed an additional 2 years after the effective date described in paragraph (1), to implement such requirement.
(B)
If the Administrator determines there is a need to provide additional time as described in subparagraph (A), the Administrator shall—
(i)
notify Congress not later than 14 days after making such determination; and
(ii)
include a justification for such determination, as well as the date on which full compliance is expected.
(3)
For purposes of meeting the requirements of paragraph (1), the Administrator shall determine whether the use of a non-Technical Standard Order receiver is permissible for aircraft with a maximum certificated takeoff weight of fewer than 12,500 pounds.
(c)
The requirements of subsections (a) and (b) shall not apply to any aircraft described in section 91.225(e) of title 14, Code of Federal Regulations, including balloons and gliders not certified with an electrical system.
4.
Study on dynamic restricted area
(a)
Not later than 120 days after the date of enactment of this section, the Administrator shall initiate a study on the feasibility, costs, and benefits of establishing a dynamic restricted area for rotorcraft and powered-lift (as such terms are defined in section 1.1 of title 14, Code of Federal Regulations (as in effect on the date of enactment of this section)) over the Potomac River to the north, south, and east of DCA. Such study’s final report shall be—
(1)
completed not later than 2 years after the date of enactment of this section; and
(2)
submitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(b)
In conducting the study required under subsection (a), the Administrator shall review, but is not limited to—
(1)
terrestrial and aircraft-based technology or equipment improvements required to operationalize a dynamic restricted area inside the FRZ and in proximity to DCA;
(2)
the training requirements to enable the use of an automated visual warning system in a way that functions as a traffic signal that is similar to the system deployed in the FRZ, as of the date of enactment of this section, to warn aircraft that they are entering a dynamic restricted airspace that is active or inactive;
(3)
the ways in which the dynamic restricted area can be depicted on various paper and electronic aeronautical charts and other navigational materials;
(4)
the feasibility of using automated audio sounds to indicate active or inactive restricted area, including a continuous tone being generated on a certain aviation VHF and UHF radio communication and VOR and TACAN frequencies that are modulated in tone frequency and tone length (such as Instrument Landing System marker sounds) such that they are received by existing aviation VHF or UHF radio communications transceivers and an automated visual warning system deployed in the FRZ;
(5)
the potential and mitigation steps for pilot and air traffic controller distraction;
(6)
procedures to allow air traffic controllers to override any automatic function of the system for manual control;
(7)
the creation of an indication or other signal in the air traffic control tower at DCA and the Potomac Terminal Radar Approach Control Facility (TRACON
) to communicate the status of whether the dynamic restricted area is active or inactive;
(8)
the creation of methods to anticipate fixed wing aircraft taking off from DCA so to provide sufficient warning to rotorcraft and powered-lift aircraft of the imminent activation of the dynamic restricted area; and
(9)
any other matters determined appropriate by the Administrator. (c) Not later than 30 days after completing the study required by subsection (a), the Administrator shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the results of the study.
(d)
In this section: (1) The term DCA means Ronald Reagan Washington National Airport.
(2)
The term dynamic restricted area means an area of restriction placed on specific areas of airspace, which is contemplated to be an area over the Potomac River that is 4 miles north, south, and east of DCA, to prevent the transit of rotorcraft and powered lift aircraft that activates independently from air traffic controller action and automatically by computer action based on criteria that uses position, altitude, and velocity data from fixed wing aircraft.
(3)
The term FRZ means the Washington, DC Metropolitan Area Flight Restricted Zone, as defined by section 93.335 of title 14, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(4)
The term TACAN means tactical air navigation pursuant to Appendix 3 Abbreviation/Acronyms of the Aeronautical Information Manual.
(5)
The term UHF means ultra high frequency pursuant to Appendix 3 Abbreviation/Acronyms of the Aeronautical Information Manual.
(6)
The term VHF means very high frequency pursuant to Appendix 3 Abbreviation/Acronyms of the Aeronautical Information Manual.
(7)
The term VOR means VHF Omnidirectional Range pursuant to Appendix 3 Abbreviation/Acronyms of the Aeronautical Information Manual.
5.
Inspector General of the Army audit
(a)
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 Federal Aviation Administration, 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)
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 Federal Aviation Administration, during National Capitol Region (in this subsection referred to as the 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 sends altitude and position information to the pilots inside the aircraft;
(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)
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 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.
6.
Review of rotorcraft traffic surrounding commercial service airports
(a)
Not later than 30 days after the date of enactment of this section, the Administrator shall initiate a review of all currently charted helicopter routes where flight paths of fixed-wing aircraft and rotorcraft (as defined in section 1.1 of such title 14) may not provide sufficient separation, as determined by the Administrator.
(b)
Modification of flight routes
Based on the results of the review conducted under subsection (a), the Administrator shall evaluate and modify flight routes, as necessary, to improve separation between fixed-wing aircraft and rotorcraft (as so defined).
(c)
Not later than 180 days after the date of enactment of this section, the Administrator shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the results of the review conducted under subsection (a) and any modifications to flight routes made under subsection (b).
7.
Repeal of provision regarding ADS–B equipment on certain aircraft of department
of defense
Section 1046 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (49 U.S.C. 40101 note) is repealed.