HR7240-119

What This Bill Does

The Military ADS-B Out Loophole Act tightens the regulatory exception that lets aircraft turn off ADS-B Out transmissions for sensitive government missions. It requires the term sensitive government mission to be narrowly construed and limited to the portion of the flight during which sensitive activities are carried out. Within one year, FAA must revise 14 C.F.R. 91.225(f) and conform memoranda of agreement with federal, State, local, or Tribal agencies; if it misses either deadline, FAA must report the status and reasons to Congress within 30 days. Within two years, GAO must review whether DOD and other agencies or operators used the exceptions lawfully, compare pre- and post-revision use, and report to FAA and Congress. FAA must decide whether noncompliant operators can continue using exceptions and brief Congress within 30 days after GAO's report. Starting within 90 days and quarterly thereafter, every agency performing sensitive government missions must attest that operations regularly transmit ADS-B Out and list each flight where equipment was not transmitting, including airport, airspace location, date, time, duration, and mission type. FAA must submit semiannual reports with aggregated agency data, safety determinations, and optional classified annexes, notify Congress within 14 days if an agency uses the exception five or more times in a month or fails to attest, and DOT's Inspector General must audit FAA oversight annually beginning three years after enactment.

Who Benefits and How

Civil aviation users, aviation safety advocates, Congress, FAA oversight staff, GAO, DOT Inspector General auditors, and communities under government flight paths benefit from narrower exception use, flight-level reporting, safety determinations, audits, and visibility into how often agencies fly without ADS-B Out transmissions. Legitimate sensitive-mission operators still retain a limited exception for the sensitive portion of flights.

Who Bears the Burden and How

FAA, DOD aviation units, federal law-enforcement aviation units, State aviation units, local aviation units, Tribal aviation units, GAO auditors, DOT Inspector General staff, and operators using sensitive-mission exceptions must comply with revised regulations, update memoranda, file quarterly reports, list each non-transmitting flight, attest to regular ADS-B Out use, undergo GAO review, support FAA safety determinations, respond to congressional notifications, and face annual DOT Inspector General audits. Agencies using the exception frequently or failing to submit attestations trigger faster congressional notice.

Key Provisions

• Narrows the sensitive-government-mission ADS-B Out exception to the sensitive portion of a flight.
• Requires FAA regulations and conforming interagency memoranda within one year.
• Requires FAA status reports within 30 days if regulations or memoranda are late.
• Directs GAO to review exception use within two years and compare pre- and post-revision use.
• Requires quarterly agency reports listing non-transmitting sensitive-mission flights and safety attestations.
• Requires FAA semiannual reports, 14-day congressional notices for frequent exception use or missing attestations, and annual DOT Inspector General audits.