[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7240 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 7240
To direct the Administrator of the Federal Aviation Administration to
revise regulations relating to ADS-B Out transmission exceptions, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 27, 2026
Mr. Barrett introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To direct the Administrator of the Federal Aviation Administration to
revise regulations relating to ADS-B Out transmission exceptions, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military ADS-B Out Loophole Act''.
SEC. 2. REVISION TO EXCEPTION FOR ADS-B OUT TRANSMISSION.
(a) ADS-B Out Reforms.--
(1) In general.--Beginning on the date of enactment of this
section, in applying section 91.225(f)(1) of title 14, Code of
Federal Regulations, the term ``sensitive government
mission''--
(A) shall be narrowly construed; and
(B) shall be limited to the portion of the flight
during which sensitive activities are carried out.
(2) Rulemaking and administrative action.--
(A) In general.--Not later than 1 year after the
date of enactment of this section, the Administrator of
the Federal Aviation Administration shall--
(i) issue or revise regulations to update
section 91.225(f) of title 14, Code of Federal
Regulations, to comply with the requirements of
this section; and
(ii) revise any memorandum of agreement
between the FAA and any other Federal, State,
local, or Tribal agency to conform with the
revised regulations described in clause (i).
(B) Report.--If the Administrator fails to issue or
revise regulations pursuant to subparagraph (A) or
revise any memorandum of agreement between the FAA and
any other agency pursuant to such subparagraph, the
Administrator shall, within 30 days, submit to the
appropriate committees of Congress a report on the
status of such regulations, including the reasons that
the Administrator has failed to issue or revise such
regulations within the period required under such
subparagraph.
(b) GAO Review and Report.--Not later than 2 years after the date
of enactment of this section, the Comptroller General of the United
States shall--
(1) review the utilization of exceptions under section
91.225(f) of title 14, Code of Federal Regulations (or any
successor regulation), as revised under subsection (a), to
determine--
(A) whether the Department of Defense and other
relevant Federal agencies or other applicable operators
have utilized such exceptions in accordance with
relevant laws and regulations; and
(B) the extent of such utilization;
(2) compare the utilization of exceptions specified in such
section 91.225(f) before and after the issuance of revised
regulations under subsection (a); and
(3) submit to the Administrator and the appropriate
committees of Congress a report on the findings of the review
conducted under paragraph (1) and the comparison conducted
under paragraph (2).
(c) FAA Review of Non-Compliant Operators.--Upon submission of the
report under subsection (b)(3), the Administrator shall--
(1) determine whether any Federal agency or other
applicable operator that has been found to have not utilized
the exceptions under section 91.225(f) of title 14, Code of
Federal Regulations (or any successor regulation), as revised
under subsection (a), in accordance with relevant laws and
regulations shall be permitted to continue to utilize such
exceptions; and
(2) not later than 30 days after the date on which the
Comptroller General submits the report under subsection (b)(3),
brief the appropriate committees of Congress on such
determination.
(d) Reports.--
(1) To the administrator.--Not later than 90 days after the
date of enactment of this section, and on a quarterly basis
thereafter, each Federal, State, local, and Tribal agency that
performs sensitive government missions as described in section
91.225(f)(1) of title 14, Code of Federal Regulations (or any
successor regulation), as revised under subsection (a), shall
submit to the Administrator 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 list of operations delineated by flight in
which the ADS-B Out equipment is not in transmit mode
because the aircraft was performing a sensitive
government mission, including the airport, airspace
location, date, time, duration, and mission type of
each such operation.
(2) To congress.--
(A) In general.--Not later than 180 days after the
date of enactment of this section, and biannually
thereafter, the Administrator shall submit to the
appropriate committees of Congress 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 (or any successor regulation), as revised
under subsection (a).
(B) Content.--The report submitted under
subparagraph (A)--
(i) 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 as to whether each
operation described in paragraph (1)(B)
jeopardizes aviation safety; and
(ii) may include a classified annex.
(C) Special notification.--If an agency described
in paragraph (1) operates a flight using an exception
granted under section 91.225(f)(1) of title 14, Code of
Federal Regulations (or any successor regulation), as
revised under subsection (a), 5 or more times in a
calendar month, or fails to provide to the
Administrator the attestation required under paragraph
(1)(A), the Administrator shall notify the appropriate
committees of Congress of such use within 14 days of
being notified of such use. For the purposes of this
subparagraph, a flight shall be interpreted as the
period beginning when an aircraft moves under its own
power for the purpose of flight and ending when the
aircraft lands.
(e) Annual Inspector General Audits.--
(1) In general.--Beginning on the date that is 3 years
after the date of enactment of this section, the inspector
general of the Department of Transportation shall conduct an
annual audit of FAA oversight of all operations that utilize an
exception under section 91.225(f)(1) of title 14, Code of
Federal Regulations (or any successor regulation), as revised
under subsection (a), including Federal agency operations.
(2) Considerations.--In conducting an audit under paragraph
(1), the inspector general shall assess the efficacy of FAA
oversight related to the following:
(A) Ensuring exceptions under such section
91.225(f)(1) (or any successor regulation) are strictly
utilized by operators in accordance with relevant laws
and regulations.
(B) Identifying and engaging with any operator not
in compliance with relevant laws and regulations
relating to exceptions under such section 91.225(f)(1)
(or any successor regulation).
(C) Any other factor determined appropriate by the
inspector general.
(3) Briefings to congress.--The inspector general shall
brief the appropriate committees of Congress on an annual basis
after the completion of each annual audit.
(f) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) ADS-B out.--The term ``ADS-B Out''--
(A) has the meaning given such term in section
91.227 of title 14, Code of Federal Regulations; and
(B) broadcasts information from the aircraft in
accordance with sections 91.225 and 91.227 of such
title (or any successor regulations).
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Transportation and
Infrastructure of the House of Representatives;
(B) the Committee on Armed Services of the House of
Representatives;
(C) the Committee on Commerce, Science, and
Transportation of the Senate; and
(D) the Committee on Armed Services of the Senate.
(4) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
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