Sec. 361. CONTINUOUS AIRCRAFT TRACKING AND TRANSMISSION FOR HIGH ALTITUDE BALLOONS

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## SEC. 361 CONTINUOUS AIRCRAFT TRACKING AND TRANSMISSION FOR HIGH ALTITUDE BALLOONS ###

(a)Study on Effects of High Altitude Balloons on Aviation Safety ####

(1)In general Not later than 180 days after the date of enactment of this Act, the Administrator, in coordination with the heads of other relevant Federal agencies, shall brief the appropriate committees of Congress on the effects of high altitude balloon operations that do not emit electronic or radio signals for identification purposes and are launched within the United States and the territories of the United States on aviation safety. ####

(2)Considerations In carrying out this subsection, the Administrator shall consider— #####

(A)current technology available and employed to track high altitude balloon operations described under paragraph (1); #####

(B)how the flights of such operations have affected, or could affect, aviation safety; #####

(C)how such operations have contributed, or could contribute, to misidentified threats to civil or military aviation operations or infrastructure; and #####

(D)how such operations have impacted, or could impact, national security and air traffic control operations. ###

(b)High Altitude Balloon Tracking Aviation Rulemaking Committee ####

(1)Establishment Not later than 180 days after the date of enactment of this Act, the Administrator shall establish an Aviation Rulemaking Committee (in this section referred to as the “Committee”) to review and develop findings and recommendations to inform a standard for any high altitude balloon to be equipped with a system for continuous aircraft tracking that transmits, at a minimum, the altitude, location, and identity of the high altitude balloon in a manner that is accessible to air traffic controllers and ensures the safe integration of high altitude balloons into 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, including experts with specific knowledge— ######

(i)of high altitude balloon operations; or ######

(ii)FAA tracking and surveillance systems. #####

(C)Non-governmental researchers and educators. #####

(D)Representatives of the Department of Defense. #####

(E)Representatives of Federal agencies that conduct high altitude balloon operations. ####

(3)Report Not later than 18 months after the date of enactment of this Act, the Committee shall submit to the Administrator a report detailing the findings and recommendations developed under paragraph (1), including 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 all high altitude balloons to have a continuous aircraft tracking and transmission system. #####

(B)Any necessary updates to the requirements for high altitude balloons under subpart D of part 101 of title 14, Code of Federal Regulations. #####

(C)Any necessary updates to other FAA 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; ######

(iii)determine criteria and provide approval guidance for new equipment that provides continuous aircraft tracking and transmission for high altitude balloons and meets the performance requirements described under section 91.225 of title 14, Code of Federal Regulations, including portable, battery-powered Automatic Dependent Surveillance-Broadcast Out equipage; and ######

(iv)maintain airspace safety. ####

(4)Use of prior work In developing the report under paragraph (3), the Committee may make full use of any research, comments, data, findings, or recommendations made by any prior aviation rulemaking committee. ####

(5)New technologies and solutions Nothing in this subsection shall require the Committee to develop recommendations requiring equipage of high altitude balloons with an Automatic Dependent Surveillance-Broadcast Out system or an air traffic control transponder transmission system, or preclude the Committee from making recommendations for the adoption of new systems or solutions that may require that a high altitude balloon be equipped with a system that can transmit, at a minimum, the altitude, location, and identity of the high altitude balloon. ####

(6)Briefing Not later than 6 months after receiving the report required under paragraph (3), the Administrator shall brief the appropriate committees of Congress on the contents of such report and the status of any recommendation received pursuant to such report. ###

(c)Definitions In this section, the term “high altitude balloon” means a manned or unmanned free balloon operating not less than 18,000 feet above mean sea level.