[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2624 Introduced in House (IH)]
<DOC>
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)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
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.
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 ``Aerospace Debris Safety Act''.
SEC. 2. AIRBORNE DEBRIS COLLISION AVOIDANCE.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44744. Airborne debris collision avoidance
``(a) In General.--The Secretary of Transportation, in coordination
with the Administrator of the Federal Aviation Administration, shall--
``(1) establish a program to track objects that are
potential sources of covered airborne debris;
``(2) establish a database containing data and information
on such objects;
``(3) utilize existing tools and methods, including
communication with the owners or operators of such objects, to
determine on an ongoing basis the likelihood and the
circumstances, including the time and location, under which
such objects may reenter the Earth's atmosphere in a controlled
or uncontrolled manner;
``(4) assess the potential of a reentry of each such object
to create covered airborne debris and the risk such debris may
pose to aircraft or individuals and property on the ground; and
``(5) establish a system, in consultation with the Chief
Operating Officer for the air traffic control system, by
which--
``(A) airspace may be identified for possible
control or restrictions when risks are present due to
the presence or expected presence of covered airborne
debris; and
``(B) aircraft at risk of being impacted by covered
airborne debris can be expeditiously notified and
redirected.
``(b) Tracking Program.--In establishing the program under
subsection (a)(1), the Secretary may--
``(1) acquire or establish facilities and equipment to
directly track objects that are potential sources of covered
airborne debris; and
``(2) contract for, or utilize reliable sources of, data
and information relating to such objects from other Federal
agencies or any eligible entity, including by using the
authority provided in section 106(l)(6).
``(c) Data and Information Agreements.--
``(1) Federal agreement.--Prior to receiving data and
information from a Federal agency under subsection (b)(2), or
using such data and information for any purpose under this
section, the Secretary shall enter into an agreement with the
head of such Federal agency that--
``(A) details the purposes for which the Secretary
is authorized to use such data and information;
``(B) describes the conditions under which data and
information may not be released, including a list of
eligible entities or categories of eligible entities
that are not permitted to receive such data and
information;
``(C) ensures that such data or information is
safety-related and unclassified;
``(D) designates the Secretary as the sole or
primary Federal distributor of such data and
information to an eligible entity; and
``(E) contains any other condition or restriction
as the Secretary and the head of such Federal agency
consider appropriate.
``(2) Exceptions.--
``(A) In general.--The Secretary may not enter into
an agreement with the head of a Federal agency under
this subsection that restricts the ability of the
Secretary to provide the minimum data and information
necessary to an eligible entity to effectively provide
services described under subsection (d).
``(B) Classified data or information.--If the
Secretary and the head of a Federal agency determine
that the sharing of classified data or information from
such Federal agency under subsection (b)(2) is
necessary or otherwise appropriate, the Secretary and
the head of the Federal agency shall include in an
agreement under this subsection any procedures and
policies that are necessary to manage the use of such
classified data or information without compromising the
national security interests of the United States.
``(3) Non-federal agreement.--Prior to receiving data and
information from an eligible entity under subsection (b)(2), or
using such data and information for any purpose under this
section, the Secretary shall enter into an agreement with the
eligible entity governing the management and dissemination of
such data and information. Such agreement may contain such
conditions or restrictions as the Secretary considers
appropriate.
``(4) Disclosure.--
``(A) In general.--Pursuant to section 552(b)(3)(B)
of title 5, the Secretary may not disclose to the
public any data or information received pursuant an
agreement under this subsection.
``(B) Exception.--The Secretary may disclose data
or information under this section that qualifies for an
exemption under section 552(b)(4) of title 5, or is
designated as confidential by the person or head of the
Federal agency providing the data or information, only
if the Secretary decides withholding the data or
information is contrary to the public or national
interest.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to prohibit the Secretary
from using or releasing such data and information
pursuant to the terms of an agreement under this
subsection.
``(d) Safety of Airspace and Aircraft.--
``(1) United states airspace.--The Secretary shall provide
the service described under subsection (a)(5) to aircraft
operating in United States airspace or airspace assigned to the
United States at no charge.
``(2) Foreign agreements.--The Secretary may enter into an
agreement with a foreign air navigation service provider for
the Secretary to provide the services described in subsection
(a)(5)(B) to the foreign air navigation service provider,
provided that the foreign air navigation service provider--
``(A) remunerates the Secretary at a rate that is
reasonably related to the cost of providing such
services, as determined by the Secretary; and
``(B) agrees to indemnify and hold the United
States Government harmless from any claim related to
the provision of such services and any related action
or omission.
``(e) Other Uses of Data and Information; Other Services.--
``(1) Authority.--The Secretary, in coordination with
appropriate entities within the Department of Transportation
and in consultation with the heads of other relevant Federal
agencies--
``(A) shall carry out a program to improve the
collection, processing, and dissemination of space
situational awareness data and information (including
information contained in the database established under
subsection (a)(2)) and to provide services relating to
such data and information;
``(B) subject to paragraph (2), may provide such
data, information, and services to an eligible entity;
and
``(C) may obtain such data, information, and
services from an eligible entity.
``(2) Type of information provided.--
``(A) In general.--Data and information provided to
an eligible entity under paragraph (1)(B) shall be
safety-related and unclassified.
``(B) Interests of the united states.--The
Secretary, in consultation with the head of a Federal
agency with which the Secretary has entered into an
agreement under subsection (c), shall develop a policy
to determine the type of information that may be
provided under paragraph (1) without compromising the
national security interests of the United States.
``(3) Public services.--
``(A) In general.--The Secretary shall designate a
basic level of data, information, and services
described in paragraph (1) to be provided at no charge
to an eligible entity and public services to be
provided at no charge, including--
``(i) a public catalog of objects that are
potential sources of covered airborne debris
and other tracked space objects;
``(ii) emergency conjunction notifications
for objects described in clause (i); and
``(iii) any other data, information, or
services (excluding services that may be
provided pursuant to an agreement under
subsection (d)(2)) that the Secretary
considers--
``(I) necessary for safety; or
``(II) appropriate.
``(B) Limitation.--The Secretary may not provide
data, information, or services under subparagraph
(A)(iii)(II) that compete with products offered by
United States commercial entities.
``(4) Advanced services.--The Secretary may undertake
activities to promote the creation and provision of more
advanced levels of data, information, and services described in
paragraph (1) to foster the public and private enhancement of
transportation safety.
``(5) Procedures.--The Secretary shall establish procedures
by which the authority under this subsection shall be carried
out.
``(6) Immunity.--The United States, any agencies and
instrumentalities thereof, and any individuals, firms,
corporations, and other persons acting for the United States,
shall be immune from any suit in any court for any cause of
action arising from the provision or receipt data, information,
or services described in paragraph (1) whether or not provided
in accordance with this section, or any related action or
omission.
``(f) Non-Delegation.--Except as provided in subsection (e)(5), the
authority under this section may only be delegated by the Secretary of
Transportation to an officer or employee of the Department of
Transportation, including the Federal Aviation Administration.
``(g) Funding.--Out of amounts made available under section
106(k)(2)(D) of title 49, United States Code, $15,000,000 for each of
fiscal years 2022 and 2023 may be expended by the Secretary to carry
out this section.
``(h) Definitions.--In this section:
``(1) Covered airborne debris.--The term `covered airborne
debris' means any human-made object that--
``(A) was previously in Earth orbit;
``(B) is in the atmosphere;
``(C) is uncontrolled; and
``(D) poses a potential risk to the safe flight of
civil aircraft in air commerce.
``(2) Eligible entity.--The term `eligible entity' means
any non-Federal entity, including any of the following:
``(A) A State.
``(B) A political subdivision of a State.
``(C) A United States commercial entity.
``(D) The government of a foreign country.
``(E) A foreign commercial entity.''.
(b) Clerical Amendment.--The analysis for chapter 447 of title 49,
United States Code, is amended by adding at the end the following:
``44744. Airborne debris collision avoidance.''.
<all>