[Congressional Record Volume 171, Number 213 (Wednesday, December 17, 2025)]
[Senate]
[Pages S8811-S8817]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ROTORCRAFT OPERATIONS TRANSPARENCY AND OVERSIGHT REFORM ACT
Mr. CRUZ. Mr. President, in January of this year, tragedy struck just
a few miles from here when an Army Black Hawk helicopter collided with
American Airlines Flight 5342 at Ronald Reagan Washington National
Airport. Sixty-seven souls were tragically lost in an instant.
After the crash, it quickly became evident that there were
commonsense changes that would immediately enhance aviation safety.
The Army helicopter, flying along the Potomac River, had deliberately
chosen not to broadcast its location to other aircraft or to air
traffic control
[[Page S8812]]
using the common aviation technology called automatic dependent
surveillance broadcast, or ADS-B. Had the Black Hawk been using ADS-B,
like every other aircraft is required to do, tragedy could well have
been averted.
We have since learned from the National Transportation Safety Board
that the military was routinely flying by its own set of rules,
particularly around Reagan National, which meant that there had been
numerous near misses before this deadly crash. In fact, just last
Friday, an Air Force tanker was flying without using ADS-B and nearly
collided into a JetBlue plane headed to New York despite the
justifiable public outrage over what happened at DCA. Clearly, the
Pentagon's behavior needed to change.
In July, I, alongside eight of my Republican colleagues, introduced
the Rotorcraft Operations Transparency and Oversight Reform--or ROTOR--
Act. After several weeks negotiating a bipartisan agreement with the
ranking member of the Senate Commerce Committee, Maria Cantwell, the
committee passed the ROTOR Act unanimously.
Here is what the ROTOR Act does:
No. 1, it tightens the rules for military aircraft so air traffic
control and other pilots have a better idea of nearby planes and
helicopters.
No. 2, it requires all aircraft, civilian and military, to equip and
receive ADS-B signals.
No. 3, it directs the FAA to comprehensively evaluate the safety of
airspaces around airports across the country so that no other airspace
has the same risk of collisions that DCA did.
No. 4, it improves aviation safety information sharing between the
FAA and the military. No longer will there be silos of safety data.
These improvements will save lives.
Earlier this week, the families of the DCA crash victims joined
Senator Cantwell and me at a press conference to highlight how the NDAA
had a provision moving backwards on safety and to call for the passage
of the ROTOR Act.
Two of those family members, Amy Hunter and Laura Augendre, are in
the Gallery today. I am happy that they are here to witness the Senate
passing the ROTOR Act, along with the language removing the offending
NDAA provision. Senator Cantwell, Senator Moran, and I have made
significant progress with our Senate colleagues, and we have reached an
agreement that will allow the Senate to pass this bill unanimously
today.
I am also pleased to report that the ROTOR Act now has the explicit
backing of the White House on this revised product. The White House is
committed to helping us work with our House colleagues to see that the
ROTOR Act passes in that Chamber. We still have a few small outstanding
issues, but I am optimistic that we are going to get this done and
signed into law as soon as next month.
Before turning it over to my colleagues, I want to note two things.
One, I want to say thank you to Senator Cantwell for her partnership.
She and I have worked hand in hand on this. I am grateful for the trust
we have with each other and for the work ethic displayed by Senator
Cantwell and by her staff, who have worked very hard on this matter.
I also want to say that this bill will be a fitting way to honor the
lives of those lost nearly 1 year ago over the Potomac River.
The goal of the victims' families is to ensure that no one else
endures a similar, avoidable, completely unnecessary tragedy.
With that, I yield to Ranking Member Cantwell.
Ms. CANTWELL. Mr. President, I rise to support the gentleman's future
request here and to say that the bipartisan ROTOR Act, the Rotorcraft
Operations Transparency and Oversight Reform bill represents a major
step forward for aviation safety.
Not even 1 year ago, 67 people lost their lives when a Black Hawk
helicopter collided with American Airlines Flight 5342 over the
Potomac, and it was one of the deadliest aviation disasters in history.
I do thank the families who are represented in the gallery today for
their steadfast support. This is an important step to honor the memory
of their loved ones.
I want to thank Senator Cruz for his bipartisanship in reaching this
agreement. He and I worked together on legislation we had originally
introduced called the Safe Operations of Shared Airspace Act and,
working with him, achieved a date certain for when these requirements
had to be met. We came together to craft that bill because safety is
not a partisan issue, and this bill reflects it. Most of all, I want to
thank the families for their steadfast pursuit of the right answers.
Even in unimaginable grief, they refused to let their loved ones be
forgotten.
When the NDAA language became public that rolled back postcrash
safety measures that the FAA, NTSB, and the military had agreed to, the
families spoke up. They stood at a press conference with Senator Cruz
and me. They made phone calls. They demanded better, and today, we are
closer to delivering on that and what they have asked for.
The ROTOR Act ends the exemption for planes to be in the airspace
without a broadcast signal--that includes the military, so no more
flying in the dark. And what is most important, it strikes the deadly
language that is in the NDAA bill that just passed here that had
widened that loophole. The Senate passed the NDAA with that provision
in it, but this bill repeals it, and we hope that our House colleagues
will take it up very expeditiously, and I thank the chairman for
working with the White House and the House to try to get that
commitment from them.
But just as we have said, we have no idea how this language got in
the bill in the first place. I won't be surprised if somebody tries to
stop us again. But we will be ready, along with the families, along
with our colleague Senator Moran, to fight for this.
This bill requires broadcast technology in aircraft operating in busy
airspace. It gives pilots situational awareness and real-time alerts.
And NTSB Chairwoman Homendy and her predecessors have been recommending
this for over 15 years. So we want to thank her for her leadership.
It also mandates comprehensive safety reviews for all airports across
the United States, military and civilian aircraft where they share the
same skies. So not just here, but places like San Diego, Tampa, and
Norfolk, and it requires the FAA to establish an office dedicated to
FAA-DOD coordination. That is really important. It requires a
memorandum of understanding with the Army, Navy, Air Force, and Coast
Guard to share safety data, and it directs the Army inspector general
to audit pilot training, maintenance protocols and the compliance.
This bill represents real progress. I want to thank the chairman,
Chairman Cruz, for working with all of us on the committee to get this
legislation where it is today, passing the U.S. Senate with a firm
commitment for aviation safety.
We will work with our House colleagues to continue to strengthen
this. We will work with our House colleagues in the future. But passing
this bill today may not be the final step, but it is a huge step
forward in getting this legislation to the President's desk.
I yield the floor.
Mr. CRUZ. Mr. President, I now yield to Senator Moran, who has been a
critical leader in fighting to pass the ROTOR Act and to ensure we have
accountability and that we do not repeat the tragic mistakes that led
to that horrific accident.
The PRESIDING OFFICER. The Senator from Kansas.
Mr. MORAN. Mr. President, Senator Cruz, the Senator from Texas, and
Senator Cantwell, the Senator from Washington State, thank you very
much for the opportunity to join with you today and throughout a long
process since January 29, earlier this year.
That flight--Flight 5342--originated in Wichita, KS, and, as we know,
on January 29, it collided with an Army Black Hawk helicopter, and it
changed the way we look at air safety every moment since then.
I appreciate the leadership of my two colleagues on the full
committee, as well as Senator Duckworth, my colleague on the
Subcommittee on Aviation, to make certain that we take all the steps
necessary and to make certain for the families who remind us today, and
almost every day since January 29, about the importance of making the
skies of the United States safe for those who fly today and in the
future.
[[Page S8813]]
There are numerous--numerous--circumstances that led to this horrific
incident, and NTSB's critical investigation into this collision is
continuing. While NTSB's final recommendations have not yet been
released, the Chair of the NTSB, Jennifer Homendy, took the
unprecedented step of publicly stating that the National Defense
Authorization Act does not adequately address the safety concerns
surrounding the mixed airspace at DCA.
And while the NDAA is critical to bolstering our defense
capabilities, I have major concerns with the portion of the bill that
is being fixed by the efforts today, here on the Senate floor, with
this unanimous consent request.
After numerous conversations with my colleagues Senator Cruz and
Senator Cantwell, we secured an agreement from the Senate leadership--
and I thank that Senate leadership, Senator Thune--for an amended
version of the ROTOR Act that would be quickly brought to the Senate
floor for consideration to reinstate and advance critical standards of
safety for commercial and military aviation.
We are doing that right now.
The ROTOR Act closes the loopholes that have been described by my
colleagues and strengthens ADS-B requirements for commercial and
military aircraft, among many other things.
It requires safety reviews of DCA, and it requires better
coordination between the FAA and DOD. I commend the FAA Administrator
for his commitment, and particularly Secretary Duffy, for their
combined commitment to air safety.
In fact, when we conclude this effort here on the Senate floor, our
committee is in session. Our subcommittee is in session with
Administrator Bedford, the FAA Administrator, to review what other
steps are being taken across the country for safe airspace at every
airport.
We are bringing technology to bear that has only been talked about in
the past and is now being accomplished. Our aviation system is fragile,
and over the last year, Congress has passed significant legislation
investing in that airspace to increase the safety and to make sure that
all who fly can be and are safe and feel safe.
Now is not the time to take any steps backward, and that is what we
were worried and concerned about that the NDAA provision does.
While Congress works to ensure in law the safety of our airspace, our
DOT and FAA leaders are committed to abide by current safety standards,
maintaining that safety at the DCA airspace.
As both have said, more work can be done, but it is a pretty good day
to be taking the steps we are taking and knowing that more is to come
in honor of those who perished, on January 29, from Kansas, across the
country, and around the world.
I yield back to the chairman of the committee.
The PRESIDING OFFICER. The Senator from Texas.
Mr. CRUZ. Mr. President, as if in legislative session and
notwithstanding rule XXII, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 269, S. 2503.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 2503) to require all aircraft to be equipped
with Automatic Dependent Surveillance-Broadcast In, to
improve aviation safety, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which was reported from the Committee on Commerce, Science, and
Transportation with an amendment to strike all after the enacting
clause and insert the part printed in italic, as follows:
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.--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
training flights, proficiency flights, or flights of Federal
officials below the rank of Cabinet Member.
(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).
(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
[[Page S8814]]
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; and
(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.
(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, 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) 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 in complying 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.
(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 alternative equipment 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
[[Page S8815]]
(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 under paragraph (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 bargaining representative
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 in such
report; and
[[Page S8816]]
(B) any plan to implement such recommendations, including a
justification for any recommendations the Administrator
determines should not be implemented.
SEC. 5. 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. 6. 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 under 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 under 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 Safety Reporting 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
[[Page S8817]]
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. 7. 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 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. 8. 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.
Mr. CRUZ. Mr. President, I ask unanimous consent that the committee-
reported substitute amendment be withdrawn; the Cruz-Cantwell
substitute amendment at the desk be considered and agreed to; the bill,
as amended, be considered read a third time and passed; and that the
motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The committee-reported amendment, in the nature of a substitute, was
withdrawn.
The amendment (No. 4070), in the nature of a substitute, was agreed
to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill (S. 2503), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
____________________