Military ADS–B Out Loophole Act

Bill Number

H.R. 7240

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Transportation and Public Works

Status

Introduced

Latest Action

2026-01-28: Referred to the Subcommittee on Aviation.

Last Updated

2026-06-03T08:07:12Z

AI-Generated Summary

Purpose

The "Military ADS-B Out Loophole Act" (H.R. 7240) aims to tighten regulations on exceptions to ADS-B Out requirements for aircraft involved in sensitive government missions. ADS-B Out is an aircraft surveillance technology that broadcasts location and other data to improve air traffic safety. The bill seeks to limit these exceptions to prevent overuse, ensure aviation safety, and increase oversight while balancing national security needs.

Key Provisions

• Narrowing Exceptions: The term "sensitive government mission" in FAA regulations (14 CFR § 91.225(f)(1)) must be interpreted narrowly and apply only to the specific part of a flight where sensitive activities occur, not the entire flight.
• FAA Rulemaking: Within one year of enactment, the FAA Administrator must update regulations and any related agreements with other agencies to reflect these limits. If delayed, the FAA must report to Congress on the reasons.
• GAO Review: Within two years, the Government Accountability Office (GAO) must review exception usage by the Department of Defense and other agencies, compare pre- and post-revision data, and report findings to the FAA and Congress.
• FAA Compliance Review: After the GAO report, the FAA must assess non-compliant operators and brief Congress on whether they can continue using exceptions.
• Agency Reporting Requirements:
• Federal, state, local, and tribal agencies must submit quarterly reports to the FAA attesting to safe operations and listing details of flights using exceptions (e.g., location, date, duration, mission type).
• The FAA must provide biannual reports to Congress on exception frequency, aggregated data, and safety assessments, with possible classified sections.
• Special notifications to Congress if an agency uses exceptions five or more times in a month or fails to attest compliance.
• Annual Audits: Starting three years after enactment, the Department of Transportation's Inspector General must conduct yearly audits of FAA oversight of exceptions, assessing compliance and briefing Congress.
• Definitions: Clarifies terms like "ADS-B Out" (broadcasts aircraft data per FAA rules), "Administrator" (FAA head), and "appropriate committees of Congress" (specific House and Senate committees on transportation and armed services).

Significant Changes to Existing Law

• Limits Broad Exceptions: Previously, "sensitive government mission" allowed broader opt-outs from ADS-B Out transmissions for security reasons. The bill restricts this to active sensitive phases only, reducing potential loopholes.
• Enhanced Oversight and Reporting: Introduces mandatory quarterly agency reports, biannual FAA summaries, GAO reviews, and annual audits—none of which existed in the prior regulation (14 CFR § 91.225(f)).
• Accountability Mechanisms: Adds congressional notifications for high-volume exception use and FAA determinations on non-compliance, shifting from self-regulated exceptions to structured federal scrutiny.

Potential Impacts

• On Government Agencies: Increases administrative burden for agencies like the Department of Defense through detailed reporting and audits, potentially limiting operational flexibility for sensitive flights but improving accountability.
• On Citizens and Aviation Safety: Could enhance overall airspace safety by ensuring more consistent ADS-B Out usage, reducing "blind spots" for other pilots and air traffic controllers, though it may not directly affect private citizens unless involved in aviation.
• On International Relations: Minimal direct impact, but stricter U.S. airspace rules could influence international military or cooperative flights, requiring alignment with global aviation standards like those from the International Civil Aviation Organization (ICAO).

Main Stakeholders Affected

• Federal Agencies: Primarily the Department of Defense and other entities conducting sensitive missions, who must comply with new reporting and limits.
• FAA and DOT: Responsible for rulemaking, oversight, and audits, facing increased workload.
• State, Local, and Tribal Agencies: Involved in sensitive operations, now required to report usage.
• Congress: Gains detailed briefings and reports for oversight of aviation and national security.
• Aviation Operators and Pilots: Broader community benefits from safer airspace but may see indirect effects if military flights adjust routes.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens FAA enforcement under the Federal Aviation Act by mandating regulatory updates and audits, potentially leading to civil penalties for non-compliance without altering core constitutional rights.
• Constitutional: Balances national security (protected under executive authority) with public safety interests, avoiding First Amendment or privacy issues by focusing on operational data rather than content.
• Political: Highlights tensions between military secrecy and civilian aviation safety, with bipartisan committees involved; could spark debates on overreach into defense operations but promotes transparency through congressional reporting.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Barrett, Tom [R-MI-7]

Recent Actions

• 2026-01-28: Referred to the Subcommittee on Aviation.
• 2026-01-27: Referred to the House Committee on Transportation and Infrastructure.
• 2026-01-27: Introduced in House
• 2026-01-27: Introduced in House

Bill Versions

• Military ADS–B Out Loophole Act — issued 2026-01-27 — PDF (9 pages)