Sec. 4. ADS–B Out Reforms
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For purposes of applying section 91.225(f) of title 14, Code of Federal Regulations (or any successor regulation), the term sensitive government mission shall be strictly construed and shall not include training flights, flights of Federal officials below the rank of Cabinet Member, or any routine flights. Section 1046(e)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 49 U.S.C. 40101 note) is amended to read as follows: The term special mission aircraft means an aircraft the Secretary of Defense designates, in coordination with the Federal Aviation Administration, for a unique mission to which operating with ADS–B Out equipment installed and activated creates a unique risk when weighed against any risk to the safety of the national airspace system posed by non-equipage and deactivation of ADS–B Out equipment. .
The Administrator shall modify section 91.225(f) of title 14, Code of Federal Regulations (or any successor regulation), and any pertinent Memorandum of Agreement, to conform with the requirements of this section. Not later than the date that is 1 year after the date of enactment of this section, the Comptroller General shall— review the utilization of exceptions specified in section 91.225(f) of title 14, Code of Federal Regulations (or any successor regulation), as modified to conform with the requirements of this section, and section 1046(e)(3) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 ( 49 U.S.C. 40101 note), as amended by subsection (b), to determine whether the Department of Defense and other relevant Federal agencies, or other applicable operators, have utilized those exceptions in accordance with relevant law and regulation and the extent of such utilization; and submit to the appropriate committees of Congress a report on the findings of the review conducted under paragraph (1). Upon submission of the report specified in subsection (d)(2), the Administrator shall determine whether any Federal agencies that have been found to have not utilized exceptions in accordance with relevant laws and regulations shall be permitted to continue to utilize those exceptions.
The Administrator shall brief the appropriate committees of Congress on such determination. The Administrator, through the Office of FAA–DOD Coordination established or designated under section 6, and the Secretary of Defense, shall establish a joint council to regularly review all operations, including those operated by Federal agencies, that utilize the exceptions to the ADS–B Out equipage and transmission requirements to ensure compliance with relevant laws and regulations.
The joint council shall brief the appropriate committees of Congress on an annual basis.
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U.S. Code