HR7240119th CongressWALLET

Military ADS–B Out Loophole Act

Sponsored By: Representative Barrett

Introduced

Summary

This bill would narrow ADS‑B Out exceptions for sensitive government missions. It would limit when an aircraft can stop broadcasting ADS‑B Out, require the FAA to update rules within one year, and add regular reporting and audits to track use of the exception.

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  • Federal, State, local, and Tribal agencies that perform sensitive missions would have to attest within 90 days and quarterly thereafter that ADS‑B Out was transmitted regularly and list every flight where it was not, with location, date, time, duration, and mission type.
  • The Federal Aviation Administration would have to issue or revise regulations and update memoranda of agreement within one year, and report to Congress starting 180 days after enactment and then biannually on how often exceptions are used, with an option for a classified annex.
  • The Government Accountability Office would review use of the exception within two years and compare before‑and‑after usage, and the Department of Transportation Inspector General would begin annual audits starting three years after enactment to assess FAA oversight and identify noncompliant operators.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Limit ADS-B Out exceptions to mission time

This bill would require the FAA to narrow "sensitive government mission" so it only covers the part of a flight when sensitive activities actually occur. The FAA would have to issue or revise regulations and update any memoranda of agreement with Federal, State, local, or Tribal agencies within 1 year of enactment. If the FAA misses that 1-year deadline, the FAA Administrator would have to send a status report to the named House and Senate committees within 30 days explaining the delay.

More ADS-B reporting and audits

This bill would create new reporting and oversight rules for when agencies turn off ADS‑B Out. Agencies doing sensitive missions would have to attest within 90 days and then every quarter that their flights usually transmit ADS‑B Out. Each quarterly report would list every flight when ADS‑B Out was off and include airport, airspace location, date, time, duration, and mission type. If an agency uses the exception five or more times in a calendar month or misses an attestation, the FAA would notify named congressional committees within 14 days. The FAA would also report to Congress within 180 days and every six months after, with aggregated agency data and a determination on whether operations jeopardize aviation safety; the report may include a classified annex. The Government Accountability Office would review exception use within 2 years and compare before-and-after use, and the FAA would decide within 30 days whether any noncompliant agency can keep using the exception. Starting 3 years after enactment, the Transportation Department Inspector General would audit FAA oversight every year and brief Congress after each audit.

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Sponsors & CoSponsors

Sponsor

Barrett

MI • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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