Military ADS–B Out Loophole Act

Beginning on the date of enactment of this section, in applying section 91.225(f)(1) of title 14, Code of Federal Regulations, the term sensitive government mission —

(A) shall be narrowly construed; and

(B) shall be limited to the portion of the flight during which sensitive activities are carried out.

Not later than 1 year after the date of enactment of this section, the Administrator of the Federal Aviation Administration shall—

(i) issue or revise regulations to update section 91.225(f) of title 14, Code of Federal Regulations, to comply with the requirements of this section; and

(ii) revise any memorandum of agreement between the FAA and any other Federal, State, local, or Tribal agency to conform with the revised regulations described in clause (i).

If the Administrator fails to issue or revise regulations pursuant to subparagraph (A) or revise any memorandum of 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.

Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall—

(1) review the utilization 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 of such utilization;

(2) compare the utilization of exceptions specified in such section 91.225(f) before and after the issuance of revised regulations under subsection (a); and

(3) submit to the Administrator and the appropriate committees of Congress a report on the findings of the review conducted under paragraph (1) and the comparison conducted under paragraph (2).

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.

Not later than 90 days after the date of enactment of this section, and on a quarterly basis thereafter, each Federal, State, local, and Tribal agency that performs sensitive government missions as described in section 91.225(f)(1) of title 14, Code of Federal Regulations (or any successor regulation), as revised under subsection (a), shall submit 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 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 operation.

Not later than 180 days after the date of enactment of this section, and biannually thereafter, the Administrator shall submit to the appropriate committees of Congress a report on the frequency and nature of the ADS–B Out exceptions granted to Federal, State, local, and Tribal agencies under section 91.225(f)(1) of title 14, Code of Federal Regulations (or any successor regulation), as revised under subsection (a).

The report submitted under subparagraph (A)—

(i) shall include—

(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) a determination from the Administrator as to whether each operation described in paragraph (1)(B) jeopardizes aviation safety; and

(ii) may include a classified annex.

If an agency described in paragraph (1) operates a flight using an exception granted under section 91.225(f)(1) of title 14, Code of Federal Regulations (or any successor regulation), as revised under subsection (a), 5 or more times in a calendar month, or fails to provide to the Administrator the attestation required under paragraph (1)(A), the Administrator shall notify the appropriate committees of Congress of such use within 14 days of being notified of such use. For 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.

Beginning on the date that is 3 years after the date of enactment of this section, the inspector general of the Department of Transportation shall conduct an annual audit of FAA oversight of all operations that utilize an exception under section 91.225(f)(1) of title 14, Code of Federal Regulations (or any successor regulation), as revised under subsection (a), including Federal agency operations.

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) 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).

(C) Any other factor determined appropriate by the inspector general.

The inspector general shall brief the appropriate committees of Congress on an annual basis after the completion of each annual audit.

In this section:

The term Administrator means the Administrator of the Federal Aviation Administration.

The term ADS–B Out —

(A) has the meaning given such term in section 91.227 of title 14, Code of Federal Regulations; and

(B) broadcasts information from the aircraft in accordance with sections 91.225 and 91.227 of such title (or any successor regulations).

The term appropriate committees of Congress means—

(A) the Committee on Transportation and Infrastructure of the House of Representatives;

(B) the Committee on Armed Services of the House of Representatives;

(C) the Committee on Commerce, Science, and Transportation of the Senate; and

(D) the Committee on Armed Services of the Senate.

The term FAA means the Federal Aviation Administration.