[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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