S. 2503 — ROTOR Act

This section defines terms used in the Act, including Administrator (i.e., the head of the Federal Aviation Administration); ADS–B In (i.e., onboard avionics equipment that receives and processes Automatic Dependent Surveillance–Broadcast transmissions and other aviation advisory information); ADS–B Out; affected aircraft (i.e., any aircraft required to operate in accordance with specified FAA regulations); appropriate committees of Congress; Cabinet member (i.e., the head of specified executive departments or other Cabinet-level positions); FAA; National Capital Region (NCR); powered-lift; rotorcraft; transport airplane; and unmanned aircraft system. Most terms adopt the meanings given in specified FAA regulations or federal statutes.

This section revises the exception to Automatic Dependent Surveillance-Broadcast Out (ADS-B Out) requirements under 14 CFR 91.225(f)(1)—a regulation allowing certain aircraft in controlled airspace to operate without transmitting ADS-B Out position data—for "sensitive government missions" by narrowly construing the term to exclude routine flights, non-classified flights, proficiency flights, or flights of federal officials below the rank of Cabinet member or Chairman of the Joint Chiefs of Staff. It further requires operating agencies to notify air traffic control during such non-transmitting missions and specified congressional committees monthly on missions in Class B airspace. The section directs the FAA Administrator to issue or revise regulations and memoranda of agreement within one year of enactment to implement these changes, including revisions to any agreement under section 1046 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (49 U.S.C. 40101 note); if not completed, the Administrator must report to congressional committees within 30 days. It requires the Government Accountability Office (GAO), within two years of enactment, to review and compare pre- and post-revision utilization of the exceptions by the Department of Defense and other agencies, and report findings to the FAA and congressional committees. Upon GAO's report, the FAA must determine whether non-compliant operators may continue using exceptions and brief committees within 30 days. Additionally, the section mandates (1) quarterly agency reports to the FAA beginning 90 days after enactment, including safety attestations, lists of non-transmitting flights, and classified annexes if applicable; and (2) FAA reports to congressional committees beginning 180 days after enactment and biannually thereafter, with aggregated data, safety determinations, and special notifications within 14 days for agencies using the exception five or more times in a calendar month or failing to attest to safety.

This section directs the FAA Administrator to issue, not later than 2 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 equipment providing situational awareness of other aircraft locations and traffic advisories (including visual and aural alerts while airborne and on airport surfaces), effective 60 days after Federal Register publication and with full compliance by December 31, 2031. (ADS-B Out transmits an aircraft's position for air traffic surveillance; ADS-B In receives and displays surrounding traffic data in the cockpit to enhance safety.) The rule must (1) establish performance standards for ADS-B In; (2) allow alternative equipment meeting equivalent standards for aircraft under 14 CFR part 91 with maximum takeoff weight below 12,500 pounds and qualifying military aircraft (e.g., portable receivers displayed on electronic flight bags); (3) require monthly congressional briefings on military alternatives; (4) provide guidance and technical assistance for equipage; and (5) presume ADS-B In is cost-beneficial absent contrary evidence. Additionally, the Administrator must brief congressional committees and publish reports on rulemaking status beginning 180 days after enactment (every 90 days thereafter), and may establish a negotiated rulemaking committee within 60 days of enactment with representatives from FAA, industry stakeholders, air traffic controllers, pilots, and aviation safety experts.

This section repeals manned rotary-wing aircraft safety provisions enacted by Section 373(a) of the National Defense Authorization Act for Fiscal Year 2026, restoring Chapter 157 of title 10, United States Code (governing Department of Defense transportation policies, including aircraft), to its pre-amendment state.

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 adherence to Army policy, regulation, and law. In conducting the audit, the Inspector General shall assess (1) adherence to Army policy and U.S. law, plus FAA coordination, during National Capital Region (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 of systems transmitting or displaying altitude and position information and the frequency of such maintenance; (4) compliance with the September 29, 2021, Letter of Agreement between the Pentagon Heliport Air Traffic Control Tower and the Ronald Reagan Washington National Airport Air Traffic Control Tower regarding 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 the audit's 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 the report without redactions except as required for national security. The Inspector General must also brief those committees on audit progress not later than 180 days after initiation 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) ensure consideration of FAA employee complaints and whistleblower protections via the Office of Audit and Evaluation; (3) improve management and consolidation of 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, civilian rotary wing, powered lift, fixed wing, and unmanned aircraft system operations and routes in the Washington, D.C., Metropolitan Area Special Flight Rules Area (SFRA) to assess risks to commercial transport airplane operations at Ronald Reagan Washington National Airport. The review must consult the Secretary of Defense; federal, state, and local agencies; law enforcement; emergency response providers including air medical transport operators; air carriers; aviation labor organizations including air traffic controllers and airline pilots' representatives; and other stakeholders. The section further directs safety reviews of similar operations and routes at Class B airports (per 14 C.F.R. part 91 Appendix D) and within Class B airspace; commercial service Class C airports (per FAA Order JO 7400.11J) and within Class C airspace; and specified Class D airports providing part 121 passenger service that meet risk criteria (e.g., airspace type, radar presence, annual operations and 20-year growth per FAA OPSNET data, TCAS resolution advisory rates, parallel runways, VFR or helicopter corridors, dense or complex VFR operations). These reviews, prioritized by the risk criteria, must initiate by (1) 90 days after enactment for Class B airports; (2) 90 days after Class B initiation for Class C airports; and (3) 90 days after Class C initiation for Class D airports; and must consult the Secretary of Defense; federal, state, local, and Tribal agencies; law enforcement; emergency response providers; air carriers; specified aviation labor organizations; and other stakeholders. (Thus, the reviews evaluate potential safety risks from non-commercial flights to commercial operations at busy controlled airports.)

This section directs the FAA Administrator to enter into a memorandum of understanding (MOU) with the Secretary of the Army within 60 days of enactment to share aviation safety data bidirectionally—including from the Army’s Safety Management Information System and the FAA’s Aviation Safety Information Analysis and Sharing System, Operational Analysis Reporting System, Safety Trend Analytics Dashboard, Aviation Risk Identification and Assessment Program, Comprehensive Electronic Data Analysis and Reporting Tool, and Falcon tool—to analyze impacts on civil aviation safety and efficiency and mitigate risks in the national airspace system. The section further directs the Administrator to enter into similar MOUs within 90 days of enactment with (1) the Department of the Navy, (2) the Department of the Air Force, and (3) the Coast Guard. Finally, the section requires the Administrator to notify specified Senate and House committees within 7 days after entering into any such MOU.

This section deems the Memorandum of Agreement between the Department of Defense and the Federal Aviation Administration entered into on May 10, 2024, to be the joint notice to congressional committees required under subsection (b) of section 1046 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY2019 NDAA), thereby causing subsection (a) of that section—which requires the secretaries to enter into such an agreement—to cease to be effective as of that date. (As background, section 1046 governs coordination between the departments for Department of Defense counter-unmanned aircraft systems operations in the national airspace system.) This section further directs the Secretary of Transportation and the Secretary of Defense to update the memorandum consistent with Federal Aviation Administration regulations issued pursuant to section 3(a)(2). The memorandum remains in force subject to (1) joint modifications by the secretaries, (2) termination by either secretary, or (3) modification or termination by law.