H.R. 6222 — ROTOR Act

This section establishes definitions for 12 terms used in the Act, including (1) Administrator (i.e., the FAA Administrator); (2) ADS-B In and (3) ADS-B Out (i.e., Automatic Dependent Surveillance-Broadcast avionics for receiving and broadcasting aircraft location and traffic data); (4) affected aircraft (i.e., those required to use ADS-B Out under FAA regulations); (5) appropriate committees of Congress (i.e., Senate Commerce, Science, and Transportation Committee and House Transportation and Infrastructure Committee); (6) Cabinet member (i.e., heads of specified executive departments); (7) FAA; (8) National Capital Region (NCR) (i.e., D.C., specified Maryland and Virginia counties and cities); (9) powered-lift (i.e., aircraft with vertical- and wing-borne flight modes per FAA regulations); (10) rotorcraft; (11) transport airplane (cross-referencing current law); and (12) unmanned aircraft system (cross-referencing 49 U.S.C. 44801).

This section revises the exception to ADS-B Out (Automatic Dependent Surveillance-Broadcast Out) transmission requirements under 14 CFR 91.225(f)(1)—a collision-avoidance technology mandatory in certain U.S. airspace since January 2020—by narrowly construing "sensitive government mission" to exclude training flights, proficiency flights, or flights of Federal officials below Cabinet rank. The section further directs (1) the FAA Administrator to issue or revise regulations and memoranda of agreement within one year (with a congressional report within 30 days if not completed); (2) a GAO review and report on exception utilization (comparing before and after revisions) within two years; (3) quarterly reports from agencies to FAA (with attestations of safety compliance and detailed exception lists) beginning 90 days after enactment; (4) FAA biannual reports to Congress on exception frequency, aggregated data, and safety determinations (with special notifications for 5+ monthly uses or attestation failures) beginning 180 days after enactment; and (5) annual Inspector General audits of FAA oversight beginning three years after enactment, including assessments upon GAO report submission of non-compliant operators' continued eligibility.

This section directs the FAA Administrator to issue, not later than two years after enactment, a final rule requiring aircraft (other than unmanned aircraft) equipped with ADS-B Out under 14 CFR 91.225 to also be equipped with and operate ADS-B In providing traffic awareness and advisories (unless authorized otherwise by air traffic control), with an effective date not later than 60 days after Federal Register publication and full compliance by December 31, 2031. The rule must establish ADS-B In performance standards for pilot situational awareness (including visual and aural traffic alerts on the ground and airborne); allow alternative equipment for aircraft under 12,500 pounds maximum takeoff weight operating under Part 91 (e.g., portable receivers displayed on electronic flight bags, providing equivalent awareness); issue related guidance and technical assistance; and presume ADS-B In is cost-beneficial for safety. The Administrator must brief congressional committees and publish reports on rulemaking status (every 90 days starting 180 days after enactment) and, thereafter, on implementation. The Administrator may establish a negotiated rulemaking committee within 60 days of enactment, including FAA, industry, labor, and safety expert representatives, to recommend on equipment standards and fleet-wide equipage.

This section directs the Inspector General of the Army to initiate, not later than 60 days after enactment, an audit of the Army's coordination with the Federal Aviation Administration (FAA), pilot training and qualification standards, and use of Automatic Dependent Surveillance-Broadcast Out (ADS-B Out) equipment in the National Capital Region (NCR), including adherence to Army policy, regulations, and law. The audit must assess (1) compliance with Army policy and U.S. law, plus FAA coordination, during NCR operations involving pilot training and qualifications; (2) Army 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 calibration and frequency of systems transmitting or displaying altitude and position information; (4) compliance with the September 29, 2021, Letter of Agreement between the Pentagon Heliport Air Traffic Control Tower and Ronald Reagan Washington National Airport Air Traffic Control Tower for NCR flight operations; and (5) the Army's review of rotorcraft loss-of-separation incidents in the NCR and potential mitigations. Not later than 14 days after audit completion, the Secretary of the Army must transmit an unredacted report to the Senate Committees on Commerce, Science, and Transportation and Armed Services and the House Committees on Transportation and Infrastructure and Armed Services, and publicly release it without redactions except as required for national security; interim progress briefings to those committees are required at 180 days and every 180 days thereafter until completion.

This section establishes within the FAA, not later than 30 days after enactment, the Office of FAA-DOD Coordination to (1) coordinate military aircraft and rotorcraft airspace usage with FAA lines of business including the Air Traffic Organization; (2) coordinate with the FAA Office of Audit and Evaluation on employee complaints and whistleblower protections; (3) consider improvements to aviation safety information system databases for civil and military incident reporting; and (4) conduct required safety reviews. The section directs the FAA Administrator to initiate, not later than 30 days after the office's establishment, a safety review of all military, law enforcement, and civilian rotary wing, powered lift, fixed wing, and unmanned aircraft system operations and routes in the Washington, DC, Metropolitan Area Special Flight Rules Area to assess risks to commercial transport airplane operations at Ronald Reagan Washington National Airport. For these and subsequent reviews of similar operations at other Class B airports (not later than 90 days after enactment), commercial service Class C airports (not later than 90 days after Class B review initiation), and qualifying Class D airports with part 121 passenger service (not later than 90 days after Class C review initiation), the Administrator must consult the Secretary of Defense; federal, state, local, and tribal agencies; law enforcement and emergency response providers including air medical operators; air carriers; aviation labor organizations including the exclusive bargaining representative of FAA air traffic controllers under 5 U.S.C. §7511 and representatives of airline pilots; and other stakeholders. Reviews of Class B, C, and D airports must prioritize based on specified risk criteria, including airspace and tower type, on-field radar, annual air traffic operations and 20-year growth rate per FAA OPSNET data, Traffic Collision Avoidance System resolution advisory rates, parallel runways, visual flight rules corridors or helicopter operations nearby, dense visual flight rules operations, and complex visual flight rules procedures.

This section directs the FAA Administrator to enter into memoranda of understanding (MOUs) with specified military departments to share aviation safety information for analyzing impacts on civil aviation operations and mitigating risks in the national airspace system (NAS). Specifically, (1) not later than 60 days after enactment, an MOU with the Department of the Army for sharing from its Safety Management Information System; and (2) not later than 90 days after enactment, MOUs with the Departments of the Navy and Air Force and the Coast Guard for sharing from their applicable aviation safety information systems. The Administrator must notify specified Senate and House committees within seven days of entering into each MOU.