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119-hr-7240119th CongressWALLET

Military ADS–B Out Loophole Act

Sponsored By: Representative Barrett, Tom [R-MI-7]

In Committee

Summary

Narrow the ADS‑B Out exemption for "sensitive government missions" and increase oversight. This bill would tighten when and where Federal, State, local, and Tribal agencies can stop broadcasting ADS‑B Out and would require new FAA rules, frequent reporting, and layered audits and reviews.

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  • Agencies and operators would face strict reporting. Within 90 days and quarterly after enactment each agency conducting sensitive missions must attest that ADS‑B Out is normally transmitted and provide a flight‑level list of non‑transmission events with airport, airspace location, date, time, duration, and mission type. If an agency uses an exception five or more times in a calendar month or fails to attest, the FAA must notify Congress within 14 days.
  • The FAA would have one year to issue or revise regulations and to update memoranda of agreement to match the narrowed definition. The FAA must also report to Congress within 180 days and then biannually on exception frequency, aggregated by agency, plus a safety‑risk determination.
  • Independent oversight would increase. The Government Accountability Office must review use of exceptions within two years and compare before and after. After that report the FAA must review non‑compliant operators and brief Congress within 30 days. Annual Inspector General audits would begin three years after enactment and assess FAA oversight and compliance.

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Bill Overview

Analyzed Economic Effects

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

New reporting, review, and audits

If enacted, each agency that flies sensitive missions would have to tell the FAA within 90 days and then every quarter that its operations are transmitting ADS‑B Out and list any flights where ADS‑B Out was off. Reports must include airport, airspace location, date, time, duration, and mission type. For these reports, a "flight" would be from when the aircraft moves for takeoff until it lands. The FAA would have to notify Congress within 14 days if any agency used an exception five or more times in a calendar month or failed to provide the required attestation. The FAA would also report to Congress within 180 days and then every two years with aggregated agency data and a safety determination. The Comptroller General would review exception use within 2 years and report to the FAA and Congress, and then the FAA would decide within 30 days whether any non‑compliant operator may keep using exceptions. Starting 3 years after enactment, the DOT Inspector General would do annual audits of FAA oversight and brief Congress each year.

Tighten rules for sensitive flights

If enacted, the FAA would narrow the meaning of a "sensitive government mission" and limit any no‑transmit ADS‑B Out exception to only the part of a flight when sensitive activities occur. The FAA Administrator would have 1 year to issue or revise regulations and to update any memoranda of agreement with other agencies to match the new rule. If the Administrator does not finish the rulemaking or MOA updates, the Administrator would have to report to the appropriate congressional committees within 30 days explaining the delay.

Sponsors & CoSponsors

Sponsor

Barrett, Tom [R-MI-7]

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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