H.R. 7240

[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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