What changed between these versions
A substantive revision. v3 refines the definition of "sensitive government mission" for ADS-B Out exceptions, adds new notification requirements for military flights in Class B airspace, and introduces a new section to formally treat the DOD-FAA Memorandum of Agreement regarding ADS-B equipment. It also expands eligibility for alternative ADS-B In equipment to qualifying military aircraft and mandates new safety information sharing.
Overview
A handful of significant changes across several key sections. · v3 expands oversight and reporting requirements for government and military aircraft operations, clarifies definitions, and provides a more structured approach to military compliance with ADS-B requirements.
v3 significantly tightens the definition of "sensitive government mission" for ADS-B Out exceptions, explicitly excluding routine and non-classified flights, and adds the Chairman of the Joint Chiefs of Staff to the list of officials whose flights are not automatically exempt. New notification requirements are introduced for operating agencies conducting sensitive government missions in Class B airspace. Furthermore, v3 establishes a formal treatment for the DOD-FAA Memorandum of Agreement, deeming it as congressional notice and requiring its update. The bill also expands the eligibility for alternative ADS-B In equipment to include qualifying military aircraft and enhances FAA-DOD safety information sharing by specifying the FAA systems from which data should be shared with the Army.
Major additions
This new subsection requires operating agencies to notify Air Traffic Control when conducting a sensitive government mission during which the aircraft will not be transmitting ADS-B Out. Additionally, it mandates monthly notifications to specific Congressional committees regarding each sensitive government mission operated within Class B airspace.
This significantly increases transparency and oversight of military and government flights that utilize ADS-B Out exceptions, particularly in busy Class B airspace, enhancing safety monitoring by both ATC and Congress.
This new paragraph mandates monthly briefings to relevant Congressional committees, including the Armed Services committees, by the Administrator regarding alternative ADS-B In equipment or technology for qualifying military aircraft, prior to its determination as acceptable.
Ensures continuous congressional oversight and transparency on the FAA's process for approving ADS-B In alternatives for military aircraft, potentially influencing the standards and timelines for military equipage.
This new paragraph requires the Administrator to consult with the Secretary of Defense and the Secretary of Homeland Security when establishing a negotiated rulemaking committee for ADS-B In requirements.
Integrates the perspectives and operational needs of national security agencies directly into the rulemaking process for ADS-B In, ensuring that military and homeland security considerations are addressed from the outset.
This new section repeals Section 373(a) of the National Defense Authorization Act for Fiscal Year 2026 and specifies that Chapter 157 of title 10, United States Code, shall be applied as if the amendments made by such section had not been enacted.
This deletion removes a specific safety provision related to manned rotary wing aircraft from a future NDAA, which could alter future safety requirements or oversight for these types of military aircraft.
This new section formally recognizes the Memorandum of Agreement Between the Department of Defense and the FAA, entered into on May 10, 2024, as fulfilling a congressional notice requirement, thereby making Section 1046(a) of the John S. McCain NDAA for Fiscal Year 2019 cease to be effective. It also mandates updating this MOU consistent with new regulations and clarifies its ongoing legal status.
This addition provides a specific legislative resolution for the existing DOD-FAA MOU concerning ADS-B equipment, effectively closing a previous legislative mandate and ensuring future alignment with the new ADS-B Out regulations. It formalizes the interaction between the FAA and DOD on this critical safety technology.
Deletions
This section in v2 directly repealed Section 1046 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (49 U.S.C. 40101 note).
The direct, unqualified repeal of Section 1046 from the 2019 NDAA is removed. While v3 addresses the same underlying issue, it does so through a new Section 9 that provides a more structured treatment of the associated MOU rather than a simple repeal of the prior legislative mandate. This change indicates a shift from a direct legislative nullification to a more administrative and collaborative approach for managing the DOD-FAA agreement on ADS-B.
Modifications
Federal agencies and military operators will have fewer grounds to claim an exception for ADS-B Out transmission, increasing the transparency of a wider range of government and military flights, particularly routine or non-classified operations. This could lead to more ADS-B Out transmissions from these aircraft.
Before
v2 narrowed the term "sensitive government mission" for ADS-B Out exceptions to exclude training, proficiency, or flights of Federal officials below Cabinet Member rank.
After
v3 further narrows the term "sensitive government mission" to explicitly exclude "routine flights, non-classified flights," in addition to training and proficiency flights. It also adds "or the Chairman of the Joint Chiefs of Staff" to the list of officials below Cabinet Member rank whose flights are not considered sensitive government missions.
Ensures that the specific MOU related to the 2019 NDAA provision on DOD ADS-B equipment is explicitly covered and must be updated to align with the new, stricter definition of "sensitive government mission." This provides a clear directive for the FAA and DOD regarding their existing agreement.
Before
v2 required the Administrator to revise any memorandum of agreement between the FAA and any other Federal, State, local, or Tribal agency to conform with revised regulations.
After
v3 explicitly adds "including any agreement pursuant to section 1046 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (49 U.S.C. 40101 note)" to the requirement for revising MOAs.
Ensures that classified operations utilizing ADS-B Out exceptions are reported to the Administrator, albeit in a secure format, maintaining a record of such operations while protecting sensitive information.
Before
v2 required agencies to submit quarterly reports to the Administrator including an attestation of ADS-B Out transmission and a summary of operations where ADS-B Out was not in transmit mode.
After
v3 adds a requirement for "with respect to any classified operation, a classified annex" to the reports submitted to the Administrator.
Provides flexibility for military aircraft to meet ADS-B In requirements using alternative technologies, potentially reducing equipage costs or operational impacts for the Department of Defense, while still ensuring safety standards are met.
Before
v2 established performance requirements for alternative equipment for aircraft with a maximum certificated takeoff weight of less than 12,500 pounds when operating under part 91.
After
v3 expands the applicability of alternative equipment or technology to include "and qualifying military aircraft as specified by the Administrator in consultation with the Secretary of Defense," in addition to aircraft under 12,500 pounds.
Enhances collaborative safety analysis and risk mitigation between the FAA and the Army by providing the Army with access to a broader range of FAA safety data, fostering a more comprehensive understanding of aviation safety impacts.
Before
v2 required an MOU with the Secretary of the Army to permit sharing of information from the Army's Safety Management Information System with the FAA.
After
v3 expands the scope of information sharing to also include "the sharing of information from the FAA's Aviation Safety Information Analysis and Sharing System, Operational Analysis Reporting System, Safety Trend Analytics Dashboard, Aviation Risk Identification and Assessment Program, Comprehensive Electronic Data Analysis and Reporting Tool, and Falcon tool with the Army."
Scope
Meaningful expansion or narrowing — Changes are scattered throughout the bill, affecting definitions, reporting, rulemaking processes, and inter-agency coordination. — v3 represents a meaningful refinement and expansion of oversight, particularly concerning military and government aircraft operations' transparency and compliance with ADS-B requirements. It also streamlines the legislative treatment of a prior DOD-FAA agreement. — The changes, particularly the refined definition of "sensitive government mission" and the treatment of the DOD-FAA MOU, directly interact with and modify the interpretation and application of existing FAA regulations and prior legislative mandates concerning ADS-B Out. The expansion of information sharing also enhances the utility of existing safety data systems.
Impact analysis
Federal agencies and military operators (including the Department of Defense)
Increased transparency and oversight for ADS-B Out exceptions (potentially negative for operational flexibility, positive for safety oversight), and potential cost/operational benefits for ADS-B In equipage flexibility.
Stricter definition of "sensitive government mission" means fewer flights will qualify for ADS-B Out exceptions. New notification requirements for non-transmitting flights in Class B airspace. Expanded eligibility for alternative ADS-B In equipment for military aircraft.
Air Traffic Control (ATC)
Procedural change that enhances safety awareness.
Will receive direct notification from operating agencies when sensitive government missions are not transmitting ADS-B Out.
Congressional oversight committees (Commerce, Science, and Transportation; Transportation and Infrastructure; Armed Services)
Increased transparency and oversight capabilities.
Will receive monthly notifications on sensitive government missions in Class B airspace not transmitting ADS-B Out, and monthly briefings on military alternative ADS-B In equipment.
Federal Aviation Administration (FAA)
Increased administrative burden and enhanced inter-agency collaboration.
Mandated to revise MOUs, including the specific DOD-FAA MOU, and to establish performance requirements for alternative ADS-B In equipment for military aircraft. Also, required to share more specific safety data with the Army.
Department of the Army
Enhanced safety analysis capabilities.
Will receive specific FAA safety information system data, enhancing their ability to analyze aviation safety.