Revision to Exception for ADS–B Out Transmission

(a) Rulemaking (1) In general Not later than 1 year after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this Act referred to as the Administrator) shall issue or revise regulations to clarify that, with respect to the exception described in section 91.225(f)(1) of title 14, Code of Federal Regulations, the term sensitive government mission shall not include any proficiency evaluation or training mission operated within the lateral boundaries of the surface area of Class B or Class C airspace, unless such operation is for a national security event. (2) Report If the Administrator fails to issue or revise regulations pursuant to paragraph (1), the Administrator shall, within 30 days, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of such regulations, including the reasons that the Administrator has failed to issue or revise such regulations. (b) Guidance on use of technology other than ADS–B Not later than 180 days after the date of enactment of this section, the Administrator shall issue guidance to clarify that, to the extent practicable, all aircraft operating for purposes of national defense, homeland security intelligence, or law enforcement should utilize Traffic Information Services–Broadcast (TIS–B) and the Traffic Alert and Collision Avoidance System (TCAS). (c) Reports (1) To the Administrator Not later than 90 days after the date of enactment of this section, each agency required to operate Automatic Dependent Surveillance–Broadcast Out (in this Act referred to as ADS–B Out) in transmit mode in accordance with section 91.225 of such title 14 shall submit to the Administrator, on a quarterly basis until the date described in paragraph (3), 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 of operations in which the ADS–B Out equipment is not in transmit mode, including the date, time, duration, and mission type of such operations. (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 on Commerce, Science, and Transportation of the 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 agencies under section 91.225(f)(1) of title 14, Code of Federal Regulations. Such report 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 whether such operations jeopardize aviation safety. (B) Special notification If the Administrator determines that an agency described in paragraph (1) is too frequently, at the discretion of the Administrator, using exceptions granted under section 91.225(f)(1) of such title 14, the Administrator shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of such determination within 14 days of such determination. (3) Sunset The reporting requirements described in this subsection shall terminate on the date that is 10 years after the date of enactment of this section.