Aerospace Debris Safety Act

I 117TH CONGRESS 1ST SESSION H. R. 2624 To amend title 49, United States Code, to establish a program to track potential sources of airborne debris to prevent the collision of aircraft with such debris, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 16, 2021 Mr. GRAVES of Louisiana (for himself and Mr. LARSEN of Washington) intro- duced the following bill; which was referred to the Committee on Trans- portation and Infrastructure A BILL To amend title 49, United States Code, to establish a pro- gram to track potential sources of airborne debris to prevent the collision of aircraft with such debris, and for other purposes. 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 ‘‘Aerospace Debris Safe- 4 ty Act’’. 5 VerDate Sep 11 2014 03:45 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2624.IH H2624 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 2624 IH SEC. 2. AIRBORNE DEBRIS COLLISION AVOIDANCE. 1 (a) IN GENERAL.—Chapter 447 of title 49, United 2 States Code, is amended by adding at the end the fol- 3 lowing: 4 ‘‘§ 44744. Airborne debris collision avoidance 5 ‘‘(a) IN GENERAL.—The Secretary of Transpor- 6 tation, in coordination with the Administrator of the Fed- 7 eral Aviation Administration, shall— 8 ‘‘(1) establish a program to track objects that 9 are potential sources of covered airborne debris; 10 ‘‘(2) establish a database containing data and 11 information on such objects; 12 ‘‘(3) utilize existing tools and methods, includ- 13 ing communication with the owners or operators of 14 such objects, to determine on an ongoing basis the 15 likelihood and the circumstances, including the time 16 and location, under which such objects may reenter 17 the Earth’s atmosphere in a controlled or uncon- 18 trolled manner; 19 ‘‘(4) assess the potential of a reentry of each 20 such object to create covered airborne debris and the 21 risk such debris may pose to aircraft or individuals 22 and property on the ground; and 23 ‘‘(5) establish a system, in consultation with the 24 Chief Operating Officer for the air traffic control 25 system, by which— 26 VerDate Sep 11 2014 03:45 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2624.IH H2624 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 2624 IH ‘‘(A) airspace may be identified for pos- 1 sible control or restrictions when risks are 2 present due to the presence or expected pres- 3 ence of covered airborne debris; and 4 ‘‘(B) aircraft at risk of being impacted by 5 covered airborne debris can be expeditiously no- 6 tified and redirected. 7 ‘‘(b) TRACKING PROGRAM.—In establishing the pro- 8 gram under subsection (a)(1), the Secretary may— 9 ‘‘(1) acquire or establish facilities and equip- 10 ment to directly track objects that are potential 11 sources of covered airborne debris; and 12 ‘‘(2) contract for, or utilize reliable sources of, 13 data and information relating to such objects from 14 other Federal agencies or any eligible entity, includ- 15 ing by using the authority provided in section 16 106(l)(6). 17 ‘‘(c) DATA AND INFORMATION AGREEMENTS.— 18 ‘‘(1) FEDERAL AGREEMENT.—Prior to receiving 19 data and information from a Federal agency under 20 subsection (b)(2), or using such data and informa- 21 tion for any purpose under this section, the Sec- 22 retary shall enter into an agreement with the head 23 of such Federal agency that— 24 VerDate Sep 11 2014 03:45 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2624.IH H2624 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 2624 IH ‘‘(A) details the purposes for which the 1 Secretary is authorized to use such data and in- 2 formation; 3 ‘‘(B) describes the conditions under which 4 data and information may not be released, in- 5 cluding a list of eligible entities or categories of 6 eligible entities that are not permitted to receive 7 such data and information; 8 ‘‘(C) ensures that such data or information 9 is safety-related and unclassified; 10 ‘‘(D) designates the Secretary as the sole 11 or primary Federal distributor of such data and 12 information to an eligible entity; and 13 ‘‘(E) contains any other condition or re- 14 striction as the Secretary and the head of such 15 Federal agency consider appropriate. 16 ‘‘(2) EXCEPTIONS.— 17 ‘‘(A) IN GENERAL.—The Secretary may 18 not enter into an agreement with the head of a 19 Federal agency under this subsection that re- 20 stricts the ability of the Secretary to provide 21 the minimum data and information necessary to 22 an eligible entity to effectively provide services 23 described under subsection (d). 24 VerDate Sep 11 2014 03:45 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2624.IH H2624 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 2624 IH ‘‘(B) CLASSIFIED DATA OR INFORMA- 1 TION.—If the Secretary and the head of a Fed- 2 eral agency determine that the sharing of clas- 3 sified data or information from such Federal 4 agency under subsection (b)(2) is necessary or 5 otherwise appropriate, the Secretary and the 6 head of the Federal agency shall include in an 7 agreement under this subsection any procedures 8 and policies that are necessary to manage the 9 use of such classified data or information with- 10 out compromising the national security interests 11 of the United States. 12 ‘‘(3) NON-FEDERAL AGREEMENT.—Prior to re- 13 ceiving data and information from an eligible entity 14 under subsection (b)(2), or using such data and in- 15 formation for any purpose under this section, the 16 Secretary shall enter into an agreement with the eli- 17 gible entity governing the management and dissemi- 18 nation of such data and information. Such agree- 19 ment may contain such conditions or restrictions as 20 the Secretary considers appropriate. 21 ‘‘(4) DISCLOSURE.— 22 ‘‘(A) IN GENERAL.—Pursuant to section 23 552(b)(3)(B) of title 5, the Secretary may not 24 disclose to the public any data or information 25 VerDate Sep 11 2014 03:45 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2624.IH H2624 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 2624 IH received pursuant an agreement under this sub- 1 section. 2 ‘‘(B) EXCEPTION.—The Secretary may 3 disclose data or information under this section 4 that qualifies for an exemption under section 5 552(b)(4) of title 5, or is designated as con- 6 fidential by the person or head of the Federal 7 agency providing the data or information, only 8 if the Secretary decides withholding the data or 9 information is contrary to the public or national 10 interest. 11 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 12 in this paragraph shall be construed to prohibit 13 the Secretary from using or releasing such data 14 and information pursuant to the terms of an 15 agreement under this subsection. 16 ‘‘(d) SAFETY OF AIRSPACE AND AIRCRAFT.— 17 ‘‘(1) UNITED STATES AIRSPACE.—The Sec- 18 retary shall provide the service described under sub- 19 section (a)(5) to aircraft operating in United States 20 airspace or airspace assigned to the United States at 21 no charge. 22 ‘‘(2) FOREIGN AGREEMENTS.—The Secretary 23 may enter into an agreement with a foreign air navi- 24 gation service provider for the Secretary to provide 25 VerDate Sep 11 2014 03:45 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2624.IH H2624 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 2624 IH the services described in subsection (a)(5)(B) to the 1 foreign air navigation service provider, provided that 2 the foreign air navigation service provider— 3 ‘‘(A) remunerates the Secretary at a rate 4 that is reasonably related to the cost of pro- 5 viding such services, as determined by the Sec- 6 retary; and 7 ‘‘(B) agrees to indemnify and hold the 8 United States Government harmless from any 9 claim related to the provision of such services 10 and any related action or omission. 11 ‘‘(e) OTHER USES OF DATA AND INFORMATION; 12 OTHER SERVICES.— 13 ‘‘(1) AUTHORITY.—The Secretary, in coordina- 14 tion with appropriate entities within the Department 15 of Transportation and in consultation with the heads 16 of other relevant Federal agencies— 17 ‘‘(A) shall carry out a program to improve 18 the collection, processing, and dissemination of 19 space situational awareness data and informa- 20 tion (including information contained in the 21 database established under subsection (a)(2)) 22 and to provide services relating to such data 23 and information; 24 VerDate Sep 11 2014 03:45 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2624.IH H2624 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 2624 IH ‘‘(B) subject to paragraph (2), may pro- 1 vide such data, information, and services to an 2 eligible entity; and 3 ‘‘(C) may obtain such data, information, 4 and services from an eligible entity. 5 ‘‘(2) TYPE OF INFORMATION PROVIDED.— 6 ‘‘(A) IN GENERAL.—Data and information 7 provided to an eligible entity under paragraph 8 (1)(B) shall be safety-related and unclassified. 9 ‘‘(B) INTERESTS OF THE UNITED 10 STATES.—The Secretary, in consultation with 11 the head of a Federal agency with which the 12 Secretary has entered into an agreement under 13 subsection (c), shall develop a policy to deter- 14 mine the type of information that may be pro- 15 vided under paragraph (1) without compro- 16 mising the national security interests of the 17 United States. 18 ‘‘(3) PUBLIC SERVICES.— 19 ‘‘(A) IN GENERAL.—The Secretary shall 20 designate a basic level of data, information, and 21 services described in paragraph (1) to be pro- 22 vided at no charge to an eligible entity and pub- 23 lic services to be provided at no charge, includ- 24 ing— 25 VerDate Sep 11 2014 03:45 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2624.IH H2624 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 2624 IH ‘‘(i) a public catalog of objects that 1 are potential sources of covered airborne 2 debris and other tracked space objects; 3 ‘‘(ii) emergency conjunction notifica- 4 tions for objects described in clause (i); 5 and 6 ‘‘(iii) any other data, information, or 7 services (excluding services that may be 8 provided pursuant to an agreement under 9 subsection (d)(2)) that the Secretary con- 10 siders— 11 ‘‘(I) necessary for safety; or 12 ‘‘(II) appropriate. 13 ‘‘(B) LIMITATION.—The Secretary may 14 not provide data, information, or services under 15 subparagraph (A)(iii)(II) that compete with 16 products offered by United States commercial 17 entities. 18 ‘‘(4) ADVANCED SERVICES.—The Secretary 19 may undertake activities to promote the creation and 20 provision of more advanced levels of data, informa- 21 tion, and services described in paragraph (1) to fos- 22 ter the public and private enhancement of transpor- 23 tation safety. 24 VerDate Sep 11 2014 03:45 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2624.IH H2624 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 2624 IH ‘‘(5) PROCEDURES.—The Secretary shall estab- 1 lish procedures by which the authority under this 2 subsection shall be carried out. 3 ‘‘(6) IMMUNITY.—The United States, any agen- 4 cies and instrumentalities thereof, and any individ- 5 uals, firms, corporations, and other persons acting 6 for the United States, shall be immune from any 7 suit in any court for any cause of action arising 8 from the provision or receipt data, information, or 9 services described in paragraph (1) whether or not 10 provided in accordance with this section, or any re- 11 lated action or omission. 12 ‘‘(f) NON-DELEGATION.—Except as provided in sub- 13 section (e)(5), the authority under this section may only 14 be delegated by the Secretary of Transportation to an offi- 15 cer or employee of the Department of Transportation, in- 16 cluding the Federal Aviation Administration. 17 ‘‘(g) FUNDING.—Out of amounts made available 18 under section 106(k)(2)(D) of title 49, United States 19 Code, $15,000,000 for each of fiscal years 2022 and 2023 20 may be expended by the Secretary to carry out this sec- 21 tion. 22 ‘‘(h) DEFINITIONS.—In this section: 23 VerDate Sep 11 2014 03:45 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2624.IH H2624 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 2624 IH ‘‘(1) COVERED AIRBORNE DEBRIS.—The term 1 ‘covered airborne debris’ means any human-made 2 object that— 3 ‘‘(A) was previously in Earth orbit; 4 ‘‘(B) is in the atmosphere; 5 ‘‘(C) is uncontrolled; and 6 ‘‘(D) poses a potential risk to the safe 7 flight of civil aircraft in air commerce. 8 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en- 9 tity’ means any non-Federal entity, including any of 10 the following: 11 ‘‘(A) A State. 12 ‘‘(B) A political subdivision of a State. 13 ‘‘(C) A United States commercial entity. 14 ‘‘(D) The government of a foreign country. 15 ‘‘(E) A foreign commercial entity.’’. 16 (b) CLERICAL AMENDMENT.—The analysis for chap- 17 ter 447 of title 49, United States Code, is amended by 18 adding at the end the following: 19 ‘‘44744. Airborne debris collision avoidance.’’. Æ VerDate Sep 11 2014 03:45 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H2624.IH H2624 kjohnson on DSK79L0C42PROD with BILLS