Military ADS–B Out Loophole Act

This bill aims to reform regulations concerning exceptions for Automatic Dependent Surveillance-Broadcast Out (ADS-B Out) transmissions, particularly for government aircraft. It directs the Federal Aviation Administration (FAA) to revise section 91.225(f)(1) of title 14, Code of Federal Regulations, ensuring that the term "sensitive government mission" is narrowly construed and limited only to the specific portion of a flight during which sensitive activities are actively carried out. The FAA must issue or revise these regulations and any related memoranda of agreement within one year, reporting to Congress if deadlines are missed. To ensure compliance and transparency, the bill mandates several oversight mechanisms. The Comptroller General of the United States is required to conduct a review within two years, assessing how federal agencies and other operators utilize these exceptions both before and after the regulatory revisions. Following this, the FAA Administrator must determine if any non-compliant operators should continue to use the exceptions and brief Congress on these determinations. Furthermore, the legislation establishes ongoing reporting requirements. Federal, State, local, and Tribal agencies performing sensitive government missions must submit quarterly reports to the FAA , attesting to ADS-B Out transmission and detailing any flights where the system was not in transmit mode. The FAA, in turn, must provide biannual reports to Congress , summarizing the frequency and nature of these exceptions, including aggregated data, an assessment of potential aviation safety risks, and special notification if an agency frequently uses exceptions or fails to attest. Finally, to maintain continuous scrutiny, the bill mandates annual audits by the Department of Transportation's Inspector General , beginning three years after enactment. These audits will assess the efficacy of FAA oversight in ensuring that operators strictly adhere to the revised ADS-B Out exception regulations and in identifying and engaging with any non-compliant entities.