[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6967 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 6967

To require the Administrator of the Federal Aviation Administration to 
establish procedures and reporting requirements for incidents relating 
      to unidentified anomalous phenomena, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 11, 2024

    Mr. Robert Garcia of California (for himself, Mr. Grothman, Mr. 
Moskowitz, Ms. Mace, Mr. Ogles, and Mrs. Luna) introduced the following 
    bill; which was referred to the Committee on Transportation and 
   Infrastructure, and in addition to the Committee on Oversight and 
   Accountability, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Federal Aviation Administration to 
establish procedures and reporting requirements for incidents relating 
      to unidentified anomalous phenomena, 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 ``Safe Airspace for Americans Act''.

SEC. 2. UNIDENTIFIED ANOMALOUS PHENOMENA.

    (a) In General.--Not later than 180 days after the enactment of 
this Act, the Administrator of the Federal Aviation Administration 
shall--
            (1) develop procedures to synchronize and standardize the 
        collection, reporting, and analysis of incidents, including 
        adverse physiological effects, or the disruption, interference, 
        or interaction with flight instruments, potentially caused by 
        an unidentified anomalous phenomena reported by civilian 
        aircrew, air traffic controllers, flight attendants, aviation 
        maintenance personnel, aviation dispatchers, air carriers or 
        operators, and airports;
            (2) develop processes and procedures to ensure that such 
        incidents are reported and stored in an appropriate manner that 
        allows for the integration of analysis of such information;
            (3) establish procedures to provide employees of the 
        Federal Aviation Administration the ability for timely and 
        consistent reporting of such incidents that could reasonably be 
        considered an unidentified anomalous phenomena;
            (4) develop processes and procedures to ensure the timely 
        investigations of such incidents, including immediately 
        archiving information or data, including pilot-controller 
        communications as well as air traffic management system and 
        radar data, that could be used to aid in such investigations; 
        and
            (5) evaluate the threat that such incidents present to the 
        safety of the national airspace system.
    (b) Coordination.--In carrying out the requirements of this 
section, the Administrator shall coordinate with the heads of other 
departments and agencies of the Federal Government, as appropriate, 
including the Secretary of Defense, the Director of National 
Intelligence, the Administrator of the National Aeronautics and Space 
Administration, the Secretary of Homeland Security, the Administrator 
of the National Oceanic and Atmospheric Administration, the Director of 
the National Science Foundation, and the Secretary of Energy.
    (c) All-domain Anomaly Resolution Office.--The Administrator shall 
share the reports and all incident archived information and data 
submitted under this section with the All-domain Anomaly Resolution 
Office of the Department of Defense.
    (d) Prohibition Against Use of Reports for Enforcement Purposes.--
The Administrator may not use reports submitted under this section (or 
information derived therefrom) in any enforcement action except 
information concerning accidents or criminal offenses.
    (e) Communications Strategy.--Not later than 180 days after the 
date of enactment of this Act, the Administrator shall produce and 
implement a communications strategy to--
            (1) engage the public and publicize the reporting process 
        described under subsection (a); and
            (2) decrease stigma towards individuals submitting 
        information to the Administrator under this section.
    (f) Reporting System.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall select whether 
        reports submitted under this section shall be received 
        through--
                    (A) the Aviation Safety Reporting Program in effect 
                as of the date of enactment of this Act; or
                    (B) a new and separate system similar to such 
                Program that is established to exclusively receive 
                report of potential unidentified anomalous phenomena.
            (2) Consideration.--If the Administrator makes a selection 
        under paragraph (1)(A), not later than 1 year after the date of 
        enactment of this Act, the Administrator shall consider whether 
        to update the Aviation Safety Reporting Program reporting 
        intake system to improve the capture information regarding 
        whether a reported event could involve an unidentified 
        anomalous phenomenon, and, if so, a mechanism for including 
        description of the object subject to such report and the 
        apparent kinematics of such object.
            (3) System requirement.--If the Administrator makes a 
        selection under paragraph (1)(B), the Administrator shall 
        ensure the system includes the ability to provide a description 
        of the object subject to such report and the apparent 
        kinematics of such object.
            (4) Manner of submission.--The Administrator shall include 
        in the reporting system selected under this subsection the 
        ability to submit such a report via an electronic flight bag if 
        the Administrator determines that submitting via such flight 
        bag can be done--
                    (A) safely; and
                    (B) without compromising pilots' ability to aviate, 
                navigate and communicate.
    (g) Protection of Medical Certificates.--The spotting, visual 
witness, or reporting of unidentified anomalous phenomena shall not be 
taken into account for the purposes of evaluation of mental standards 
for issuing medical certificates for airmen and for remaining eligible 
for a medical certificate under part 67 of title 14, Code of Federal 
Regulations.
    (h) Protection of Airmen Certificates.--The spotting, visual 
witness, or reporting of unidentified anomalous phenomena may not be 
taken into account for the purposes of evaluation of competency for 
issuing airmen certificates under section 44709 of title 49, United 
States Code.
    (i) Prohibition on Reprisals for Federal Employees and 
Contractors.--An employee of a department or agency of the Federal 
Government, or of a contractor, subcontractor, grantee, subgrantee, or 
personal services contractor of such a department or agency, who has 
authority to take, direct others to take, recommend, or approve any 
personnel action, shall not, with respect to such authority, take or 
fail to take, or threaten to take or fail to take, a personnel action, 
including the revocation or suspension of security clearances, or 
termination of employment, with respect to any individual as a reprisal 
for spotting, visually witnessing or reporting of unidentified 
anomalous phenomena.
    (j) Prohibition on Reprisals for Employees of Air Carriers or 
Commercial Operators.--An air carrier or commercial operator under part 
119 of title 14, Code of Federal Regulations shall not--
            (1) take or fail to take, or threaten to take or fail to 
        take, a personnel action, or termination of employment, with 
        respect to any individual as a reprisal for spotting, visually 
        witnessing or reporting of unidentified anomalous phenomena to 
        the Administrator; or
            (2) issue a cease and desist letter to any individual or 
        organization for spotting, visually witnessing, or reporting of 
        unidentified anomalous phenomena to the Administrator.
    (k) Sense of Congress.--It is the sense of Congress that--
            (1) all unidentified anomalous phenomena encounters by 
        aviation personnel should be reported, particularly when such 
        encounters involve a potential safety or national security 
        concern; and
            (2) employers and governmental officials should take 
        actions to reduce the stigma of reporting unidentified 
        anomalous phenomena.
    (l) Definitions.--In this Act:
            (1) Unidentified anomalous phenomena.--The term 
        ``unidentified anomalous phenomena'' means--
                    (A) an airborne object that is not immediately 
                identifiable;
                    (B) a transmedium object or device; and
                    (C) a submerged object or device that--
                            (i) is not immediately identifiable; and
                            (ii) displays behavior or performance 
                        characteristics suggesting that the object or 
                        device may be related to an object described in 
                        subparagraph (A).
            (2) Transmedium object or device.--The term ``transmedium 
        object or device'' means an object or device that is--
                    (A) observed to transition between space and the 
                atmosphere, or between the atmosphere and a body of 
                water; and
                    (B) not immediately identifiable.
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