What This Bill Does
This bill requires the Federal Aviation Administration to create a committee that studies how high altitude balloons should be tracked and monitored. The committee will make recommendations on rules requiring these balloons to continuously broadcast their location, altitude, and identity information. The FAA will then use these recommendations to create new regulations.
Who It Affects
- People and companies that operate high altitude balloons
- Air traffic controllers and pilots
- The Department of Defense
- Federal agencies that operate high altitude balloons
- Users of the National Airspace System (the coordinated system for managing aircraft flight in U.S. airspace)
Key Provisions
- The FAA must establish an Aviation Rulemaking Committee within 180 days that includes industry representatives, aviation safety experts, Department of Defense officials, and federal balloon operators (Sec. 2(a)(1) and (2))
- The Committee must submit a report within 18 months with recommendations on how to update existing FAA regulations to require continuous tracking systems for high altitude balloons (Sec. 2(a)(3))
- The FAA must issue a proposed rule within 180 days after the Committee's report and coordinate with foreign governments and the International Civil Aviation Organization on international standards (Sec. 2(b))
- Starting 2 years after the law passes, high altitude balloon operators must use the same tracking system required for certain manned aircraft until the FAA issues new rules (Sec. 2(c))
- The FAA must report to Congress every 6 months about progress on creating these new rules (Sec. 2(d))
What Changes
High altitude balloons will need to transmit their location, altitude, and identity information continuously so that air traffic controllers, pilots, and others can see them. The FAA will create new rules defining exactly what equipment balloons must carry and how they must broadcast this information.
Important Definitions
- High altitude balloon: A manned or unmanned free balloon flying at least 10,000 feet above sea level (Sec. 2(e)(3))
- Administrator: The Administrator of the Federal Aviation Administration (Sec. 2(e)(1))
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 816
To require the Administrator of the Federal Aviation Administration to estab-
lish an Aviation Rulemaking Committee to make recommendations re-
garding continuous aircraft tracking and transmission of identity, alti-
tude, 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 Admin-
istration to establish an Aviation Rulemaking Committee
to make recommendations regarding continuous aircraft
tracking and transmission of identity, altitude, and loca-
tion data for high altitude balloons, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Seeing Objects at Alti-
4
tude Regularly Act’’ or the ‘‘SOAR Act’’.
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•S 816 IS
SEC. 2. CONTINUOUS AIRCRAFT TRACKING AND TRANS-
1
MISSION FOR HIGH ALTITUDE BALLOONS.
2
(a) AVIATION RULEMAKING COMMITTEE.—
3
(1) IN
GENERAL.—Not later than 180 days
4
after the date of enactment of this section, the Ad-
5
ministrator shall establish an Aviation Rulemaking
6
Committee (in this section referred to as the ‘‘Com-
7
mittee’’) to review and develop findings and rec-
8
ommendations regarding a standard that any high
9
altitude balloon be equipped with a system for con-
10
tinuous aircraft tracking that shall transmit, at a
11
minimum, the altitude, location, and identity of the
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high altitude balloon in a manner which is accessible
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to air traffic controllers, aircraft, and other users of
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the National Airspace System.
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(2) COMPOSITION.—The Committee shall con-
16
sist of members appointed by the Administrator, in-
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cluding the following:
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(A) Representatives of industry.
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(B) Aviation safety experts with specific
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knowledge of high altitude balloon operations.
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(C) Representatives of the Department of
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Defense.
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(D) Representatives of Federal agencies
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that conduct high altitude balloon operations.
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(3) REPORT.—Not later than 18 months after
1
the date of enactment of this section, the Committee
2
shall submit to the Administrator a report detailing
3
the findings and recommendations of the Committee
4
described in paragraph (1). Such report shall include
5
recommendations regarding the following:
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(A) How to update sections 91.215,
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91.225, and 99.13 of title 14, Code of Federal
8
Regulations, to require any high altitude bal-
9
loons to have a continuous aircraft tracking and
10
transmission system.
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(B) Any necessary updates to the require-
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ments for unmanned free balloons under sub-
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part D of part 101 of title 14, Code of Federal
14
Regulations.
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(C) Any necessary updates to other Fed-
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eral Aviation Administration regulations or re-
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quirements deemed appropriate and necessary
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by the Administrator to—
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(i) ensure any high altitude balloon
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has a continuous aircraft tracking and
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transmission system;
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(ii) ensure all data relating to the alti-
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tude, location, and identity of any high al-
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titude balloon is made available to air traf-
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fic controllers, aircraft, and other users of
1
the National Airspace System; and
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(iii) maintain airspace safety.
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(b) RULEMAKING
AND OTHER REQUIREMENTS.—
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Not later than 180 days after the date on which the Com-
5
mittee submits the report under subsection (a)(3), the Ad-
6
ministrator shall—
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(1) issue a notice of proposed rulemaking to re-
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quire a continuous aircraft tracking and trans-
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mission system for any high altitude balloon, in ac-
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cordance with the recommendations of the Com-
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mittee; and
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(2) coordinate with foreign authorities (includ-
13
ing bilateral partners and the International Civil
14
Aviation Organization (ICAO)) to develop contin-
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uous aircraft tracking and transmission system
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standards for any high altitude balloon operating
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outside of the National Airspace System.
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(c) INTERIM STANDARD.—During the period begin-
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ning on the date that is 2 years after the date of enact-
20
ment of this section and ending on the date on which the
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Administrator issues a notice of proposed rulemaking
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under subsection (b)(1), a person may only operate a high
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altitude balloon if such balloon meets the requirements de-
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scribed in section 91.215(b) of title 14, Code of Federal
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Regulations, notwithstanding the exemption provided in
1
subsection (e)(1) of such section 91.215.
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(d) REPORTS
TO CONGRESS.—Not later than 6
3
months after the date of enactment of this section, and
4
every 6 months thereafter until the Administrator promul-
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gates a final rule under subsection (b), the Administrator
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shall submit to the appropriate committees of Congress
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a report on the status of the rulemaking and other re-
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quirements being developed under such subsection.
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(e) DEFINITIONS.—In this section:
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
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trator’’ means the Administrator of the Federal
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Aviation Administration.
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(2)
APPROPRIATE
COMMITTEES
OF
CON-
14
GRESS.—The term ‘‘appropriate committees of Con-
15
gress’’ means—
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(A) the Committee on Commerce, Science,
17
and Transportation of the Senate;
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(B) the Committee on Appropriations of
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the Senate;
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(C) the Committee on Transportation and
21
Infrastructure of the House of Representatives;
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and
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(D) the Committee on Appropriations of
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the House of Representatives.
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(3) HIGH
ALTITUDE
BALLOON.—The term
1
‘‘high altitude balloon’’ means a manned or un-
2
manned free balloon operating not less than 10,000
3
feet above sea level.
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Æ
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