HR5231-119

1. Short title This Act may be cited as the Safe Airspace for Americans Act.

2. Unidentified anomalous phenomena Not later than 180 days after the enactment of this Act, the Administrator of the Federal Aviation Administration shall— 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; 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; 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; 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 evaluate the threat that such incidents present to the safety of the national airspace system. 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. 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. 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. Not later than 180 days after the date of enactment of this Act, the Administrator shall produce and implement a communications strategy to— engage the public and publicize the reporting process described under subsection (a); and decrease stigma towards individuals submitting information to the Administrator under this section. 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— the Aviation Safety Reporting Program in effect as of the date of enactment of this Act; or a new and separate system similar to such Program that is established to exclusively receive report of potential unidentified anomalous phenomena. 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. 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. 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— safely; and without compromising pilots’ ability to aviate, navigate and communicate. 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. 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. 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. An air carrier or commercial operator under part 119 of title 14, Code of Federal Regulations shall not— 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 issue a cease and desist letter to any individual or organization for spotting, visually witnessing, or reporting of unidentified anomalous phenomena to the Administrator. It is the sense of Congress that— all unidentified anomalous phenomena encounters by aviation personnel should be reported, particularly when such encounters involve a potential safety or national security concern; and employers and governmental officials should take actions to reduce the stigma of reporting unidentified anomalous phenomena. In this Act: The term unidentified anomalous phenomena means— an airborne object that is not immediately identifiable; a transmedium object or device; and a submerged object or device that— is not immediately identifiable; and displays behavior or performance characteristics suggesting that the object or device may be related to an object described in subparagraph (A). The term transmedium object or device means an object or device that is— observed to transition between space and the atmosphere, or between the atmosphere and a body of water; and not immediately identifiable.