[Congressional Record Volume 171, Number 133 (Friday, August 1, 2025)]
[Senate]
[Pages S5453-S5455]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3652. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following new subtitle:
Subtitle H--Rotorcraft Operations Transparency and Oversight Reform
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Rotorcraft Operations
Transparency and Oversight Reform Act'' or the ``ROTOR Act''.
SEC. 1092. REVISION TO EXCEPTION FOR ADS-B OUT TRANSMISSION.
(a) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator of the Federal
Aviation Administration (in this subtitle 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) Report.--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) Reports.--
(1) To the administrator.--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 subtitle 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) To congress.--
(A) In general.--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) Special notification.--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
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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) Sunset.--The reporting requirements described in this
subsection shall terminate on the date that is 10 years after
the date of enactment of this section.
SEC. 1093. ADS-B IN REQUIREMENTS.
(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) In general.--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) Considerations.--
(A) Additional time.--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) Notification to congress.--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) Special determination.--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) Exception.--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.
SEC. 1094. STUDY ON DYNAMIC RESTRICTED AREA.
(a) In General.--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) Considerations.--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) Briefing.--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) Definitions.--In this section:
(1) DCA.--The term ``DCA'' means Ronald Reagan Washington
National Airport.
(2) Dynamic restricted area.--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) FRZ.--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 subtitle).
(4) TACAN.--The term ``TACAN'' means tactical air
navigation pursuant to Appendix 3 Abbreviation/Acronyms of
the Aeronautical Information Manual.
(5) UHF.--The term ``UHF'' means ultra high frequency
pursuant to Appendix 3 Abbreviation/Acronyms of the
Aeronautical Information Manual.
(6) VHF.--The term ``VHF'' means very high frequency
pursuant to Appendix 3 Abbreviation/Acronyms of the
Aeronautical Information Manual.
(7) VOR.--The term ``VOR'' means VHF Omnidirectional Range
pursuant to Appendix 3 Abbreviation/Acronyms of the
Aeronautical Information Manual.
SEC. 1095. 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 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) 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 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) 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 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.
SEC. 1096. REVIEW OF ROTORCRAFT TRAFFIC SURROUNDING
COMMERCIAL SERVICE AIRPORTS.
(a) Review.--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) Briefing.--Not later than 180 days after the date of
enactment of this section, the
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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).
SEC. 1097. 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.
SEC. 1098. AMENDED REQUIREMENTS FOR DEPARTMENT OF DEFENSE
AIRCRAFT OPERATIONS NEAR COMMERCIAL AIRPORTS.
Section 324 of this Act is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively; and
(3) in subsection (b), as so redesignated, by inserting ``,
the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives'' after ``the
Committees on Armed Services of the Senate and the House of
Representatives'' each place it appears.
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