New ADS-B Mandate Set to Advance Though Senate Committee

A piece of legislation that looks to tighten surveillance measures for military aircraft, and has deep ramifications for the general aviation community, is poised to advance out of the committee phase as early as next week. 

On Thursday, U.S. Senate Commerce Committee Chairman Ted Cruz (R-Texas) and Ranking Member Maria Cantwell (D-Wash.) announced that they reached a deal to advance the Rotorcraft Operations Transparency and Oversight Reform Act, or ROTOR Act, out of committee through an upcoming vote on Tuesday.  

The ROTOR Act was introduced by Cruz in July as a response to the midair collision between a passenger jet and U.S. Army Black Hawk helicopter that occurred over the Potomac River in Washington, D.C., in January that resulted in the deaths of all 67 passengers.

The bill closes a loophole that has allowed military aircraft to operate without transmitting their location through ADS-B Out broadcasting. Currently, federal code allows military aircraft to disable ADS-B Out for “sensitive government missions,” a broad term that has been used to encompass training flights and other ancillary endeavors. If passed, the bill would exclude training flights, proficiency flights, or flights carrying federal officials who are below Cabinet level. 

“What happened at DCA on January 29th was a tragedy,” Cruz said. “67 lives were lost, and their families have had to endure an unfathomable amount of grief. We owe it to them and every traveling American to make sure another accident never happens again. The ROTOR Act makes common-sense safety improvements that are long overdue. I am thankful to Sen. Cantwell for her partnership on this critical piece of bipartisan legislation to protect American skies.”

The legislation would also require all aircraft, military and non-military, to be equipped with ADS-B In capabilities when operating in ADS-B Out airspace. The bill states that the FAA administrator is to set a final rule requiring the new technology no later than two years after the bill’s potential passage and that the ruling must mandate the technology to be installed in all aircraft by December 2031. 

In addition to the ADS-B requirements, the Department of Transportation would be responsible for releasing quarterly reports on ADS-B compliance, as well as updated standards from the FAA on safe distances between aircraft once enough ADS-B In data is received. 

After making its way out of the Commerce Committee, the ROTOR Act will likely be placed on the legislative calendar, where it will then face a debate on the Senate floor before being voted on by the Senate at large.