Sec. 1046. MITIGATION OF OPERATIONAL RISKS POSED TO CERTAIN MILITARY AIRCRAFT BY AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST EQUIPMENT
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## SEC. 1046 MITIGATION OF OPERATIONAL RISKS POSED TO CERTAIN MILITARY AIRCRAFT BY AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST EQUIPMENT **[**[49 U.S.C. 40101 note](/us/usc/t49/s40101)**]** ###
(a)In General The Secretary of Transportation may not— ####
(1)directly or indirectly require the installation of automatic dependent surveillance-broadcast (hereinafter in this section referred to as “ADS-B”) equipment on fighter aircraft, bomber aircraft, or other special mission aircraft owned or operated by the Department of Defense; ####
(2)deny or reduce air traffic control services in United States airspace or international airspace delegated to the United States to any aircraft described in paragraph
(1)on the basis that such aircraft is not equipped with ADS-B equipment; or ####
(3)restrict or limit airspace access for aircraft described in paragraph
(1)on the basis such aircraft are not equipped with ADS-B equipment. ###
(b)Termination Subsection
(a)shall cease to be effective on the date that the Secretary of Transportation and the Secretary of Defense jointly submit to the appropriate congressional committees notice that the Secretaries have entered into a memorandum of agreement or other similar agreement providing that fighter aircraft, bomber aircraft, and other special mission aircraft owned or operated by the Department of Defense that are not equipped or not yet equipped with ADS-B equipment will be reasonably accommodated for safe operations in the National Airspace System and provided with necessary air traffic control services. ###
(c)Rule of Construction Nothing in this section may be construed to— ####
(1)vest in the Secretary of Defense any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration under title 49, United States Code, or any other provision of law; ####
(2)vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary of Defense under title 10, United States Code, or any other provision of law; or ####
(3)limit the authority or discretion of the Secretary of Transportation or the Administrator of the Federal Aviation Administration to operate air traffic control services to ensure the safe minimum separation of aircraft in flight and the efficient use of airspace. ###
(d)Notification Requirement The Secretary of Defense shall provide to the Secretary of Transportation notification of any aircraft the Secretary of Defense designates as a special mission aircraft pursuant to subsection (e)(3). ###
(e)Definitions In this section: ####
(1)The term “appropriate congressional committees” means the congressional defense committees, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. ####
(2)The term “air traffic control services” means services used for the monitoring, directing, control, and guidance of aircraft or flows of aircraft and for the safe conduct of flight, including communications, navigation, and surveillance services and provision of aeronautical information. ####
(3)The term “special mission aircraft” means an aircraft the Secretary of Defense designates for a unique mission to which ADS-B equipment creates a unique risk.
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Sec. 1046
MITIGATION OF OPERATIONAL RISKS POSED TO CERTAIN MILITARY AIRCRAFT BY AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST EQUIPMENT
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