ROTOR Act

(a) Rulemaking ADS–B Out reforms . (1) In general. Not (A) later Sensitive than government 1 mission. year Beginning after on the date of enactment of this section, the in Administrator applying section 91.225(f)(1) of the title 14, Code of Federal Aviation Regulations, Administration the (in term this sensitive Act government referred mission to shall as be the narrowly Administrator) construed and shall issue not or include revise routine regulations flights, to non-classified clarify flights, that proficiency flights , with or respect flights to of Federal officials below the exception rank described of in Cabinet Member or the Chairman of the Joint Chiefs of Staff. (B) Notification. For the purposes of interpreting section 91.225(f)(1) of title 14, Code of Federal Regulations, the term operating agency shall— (i) when operating a sensitive government mission shall during which the aircraft will not include be any transmitting proficiency ADS–B evaluation Out, or notify training Air mission Traffic operated Control; within and (ii) notify the lateral Committee boundaries on Commerce, Science, and Transportation and the Committee on the Armed Services of the surface Senate area and the Committee on Transportation and Infrastructure and the Committee on the Armed Services of Class the B House or of Representatives on a monthly basis regarding each sensitive government mission within Class C B airspace , unless operated during such operation month. is (2) for Rulemaking a and national administrative security event action . ( 2 A ) Report In general . If Not later than 1 year after the date of enactment of this section, the Administrator fails shall— to (i) issue or revise regulations pursuant to paragraph update section 91.225 ( 1), f) the of Administrator title shall 14 , within Code 30 of days Federal Regulations , submit to comply with the Committee requirements on of Commerce, this Science, section; and Transportation (ii) revise any memorandum of agreement between the Senate FAA and any other Federal, State, local, or Tribal agency to conform with the Committee revised on regulations Transportation described and in Infrastructure clause (i), including any agreement pursuant to section 1046 of the House John S. McCain National Defense Authorization Act for Fiscal Year 2019 (49 U.S.C. 40101 note). (B) Report. If the Administrator fails to issue or revise regulations pursuant to subparagraph (A) or revise any memorandum of Representatives 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) Guidance GAO on review use and of report. technology Not other later than ADS–B. the Not date later that than is 180 2 days years after the date of enactment of this section, the Administrator Comptroller General of the United States shall — issue (1) guidance review to the clarify utilization that 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 practicable, of all such aircraft utilization; operating (2) for compare purposes the utilization of national exceptions defense, specified homeland in security such intelligence, section or 91.225(f) law before enforcement and should after utilize the Traffic issuance Information of Services–Broadcast revised regulations under subsection ( TIS–B a); and (3 ) submit to the Administrator and the Traffic appropriate Alert committees of Congress a report on the findings of the review conducted under paragraph (1) and Collision the Avoidance comparison System conducted under paragraph ( TCAS 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 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, each and agency on required a to quarterly operate basis Automatic thereafter, Dependent each Surveillance–Broadcast Federal, Out State, (in local, this and Act Tribal referred agency to that as performs ADS–B sensitive Out) government in missions transmit as mode described in accordance with section 91.225 (f)(1) of such title 14 , shall Code submit of to Federal the Regulations Administrator, (or on any a successor quarterly regulation), basis as until revised the under date subsection described (a), in shall paragraph submit (3), 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 summary 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 operations operation; and (C) with respect to any classified operation, a classified annex .

(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 appropriate on committees Commerce, Science, and Transportation of the Congress 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 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 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 II ) a determination from the Administrator as to whether such each operations operation jeopardize described in paragraph (1)(B) jeopardizes aviation safety ; and (ii) may include a classified annex . (B) Special notification. If the Administrator determines that an agency described in paragraph (1) is operates too a frequently, flight at the discretion of the Administrator, using exceptions an exception granted under section 91.225(f)(1) of such title 14, the Code Administrator of shall Federal notify Regulations the (or Committee any on successor Commerce, regulation), Science as revised under subsection (a), 5 or more times in a calendar month , and or Transportation fails of to the provide Senate to and the Administrator the Committee attestation on required Transportation under and paragraph Infrastructure (1)(A), of the Administrator shall notify the House appropriate committees of Representatives Congress of such determination use within 14 days of being notified of such determination use . (3) For Sunset 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 . The (e) reporting Annual requirements Inspector described General in audits. this (1) subsection In shall general. terminate Beginning on the date that is 10 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.