[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 816 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 816
To require the Administrator of the Federal Aviation Administration to
establish an Aviation Rulemaking Committee to make recommendations
regarding continuous aircraft tracking and transmission of identity,
altitude, and location data for high altitude balloons, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 15, 2023
Mr. Kelly (for himself and Mr. Budd) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Administrator of the Federal Aviation Administration to
establish an Aviation Rulemaking Committee to make recommendations
regarding continuous aircraft tracking and transmission of identity,
altitude, and location data for high altitude balloons, 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 ``Seeing Objects at Altitude Regularly
Act'' or the ``SOAR Act''.
SEC. 2. CONTINUOUS AIRCRAFT TRACKING AND TRANSMISSION FOR HIGH ALTITUDE
BALLOONS.
(a) Aviation Rulemaking Committee.--
(1) In general.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish an
Aviation Rulemaking Committee (in this section referred to as
the ``Committee'') to review and develop findings and
recommendations regarding a standard that any high altitude
balloon be equipped with a system for continuous aircraft
tracking that shall transmit, at a minimum, the altitude,
location, and identity of the high altitude balloon in a manner
which is accessible to air traffic controllers, aircraft, and
other users of the National Airspace System.
(2) Composition.--The Committee shall consist of members
appointed by the Administrator, including the following:
(A) Representatives of industry.
(B) Aviation safety experts with specific knowledge
of high altitude balloon operations.
(C) Representatives of the Department of Defense.
(D) Representatives of Federal agencies that
conduct high altitude balloon operations.
(3) Report.--Not later than 18 months after the date of
enactment of this section, the Committee shall submit to the
Administrator a report detailing the findings and
recommendations of the Committee described in paragraph (1).
Such report shall include recommendations regarding the
following:
(A) How to update sections 91.215, 91.225, and
99.13 of title 14, Code of Federal Regulations, to
require any high altitude balloons to have a continuous
aircraft tracking and transmission system.
(B) Any necessary updates to the requirements for
unmanned free balloons under subpart D of part 101 of
title 14, Code of Federal Regulations.
(C) Any necessary updates to other Federal Aviation
Administration regulations or requirements deemed
appropriate and necessary by the Administrator to--
(i) ensure any high altitude balloon has a
continuous aircraft tracking and transmission
system;
(ii) ensure all data relating to the
altitude, location, and identity of any high
altitude balloon is made available to air
traffic controllers, aircraft, and other users
of the National Airspace System; and
(iii) maintain airspace safety.
(b) Rulemaking and Other Requirements.--Not later than 180 days
after the date on which the Committee submits the report under
subsection (a)(3), the Administrator shall--
(1) issue a notice of proposed rulemaking to require a
continuous aircraft tracking and transmission system for any
high altitude balloon, in accordance with the recommendations
of the Committee; and
(2) coordinate with foreign authorities (including
bilateral partners and the International Civil Aviation
Organization (ICAO)) to develop continuous aircraft tracking
and transmission system standards for any high altitude balloon
operating outside of the National Airspace System.
(c) Interim Standard.--During the period beginning on the date that
is 2 years after the date of enactment of this section and ending on
the date on which the Administrator issues a notice of proposed
rulemaking under subsection (b)(1), a person may only operate a high
altitude balloon if such balloon meets the requirements described in
section 91.215(b) of title 14, Code of Federal Regulations,
notwithstanding the exemption provided in subsection (e)(1) of such
section 91.215.
(d) Reports to Congress.--Not later than 6 months after the date of
enactment of this section, and every 6 months thereafter until the
Administrator promulgates a final rule under subsection (b), the
Administrator shall submit to the appropriate committees of Congress a
report on the status of the rulemaking and other requirements being
developed under such subsection.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(3) High altitude balloon.--The term ``high altitude
balloon'' means a manned or unmanned free balloon operating not
less than 10,000 feet above sea level.
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