Aerospace Debris Safety Act
This bill directs the Department of Transportation to establish a program to track potential sources of airborne foreign object debris that pose a risk to the safe flight of civil aircraft in air commerce.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8854 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8854
To amend title 49, United States Code, to establish a program to track
potential sources of airborne foreign object debris to prevent the
collision of aircraft with such debris, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 3, 2020
Mr. Graves of Louisiana 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 foreign object 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. FOREIGN OBJECT DEBRIS COLLISION AVOIDANCE.
(a) In General.--Chapter 447 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 44741. Foreign object 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 foreign object 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 foreign object debris; and
``(5) establish a system, in consultation with the Chief
Operating Officer for the air traffic control system, by
which--
``(A) airspace may be dynamically controlled or
restricted due to the presence or expected presence of
covered airborne foreign object debris; and
``(B) aircraft at risk of being impacted by covered
airborne foreign object 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 foreign object 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) Federal Data and Information.--
``(1) In general.--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) Exception.--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).
``(d) Safety of Airspace and Aircraft.--
``(1) United states airspace.--The Secretary shall provide
the service 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 data and
information contained in the database established under
subsection (a)(2) and to provide services relating to
such data and information, as the Secretary determines
appropriate;
``(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 contained
in the database established under subsection
(a)(2);
``(ii) emergency conjunction notifications
for objects that are potential sources of
covered airborne foreign object debris; and
``(iii) any other data, information, or
services the Secretary considers appropriate.
``(B) Limitation.--The Secretary may not provide
data, information, or services under subparagraph
(A)(iii) 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 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 2021 through 2023 may be expended by the Secretary to
carry out this section.
``(h) Definitions.--In this section:
``(1) Covered airborne foreign object debris.--The term
`covered airborne foreign object debris' means any manmade
object in the atmosphere that--
``(A) was previously in Earth orbit;
``(B) is uncontrolled; and
``(C) 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) Technical and Conforming Amendments.--
(1) Section 44737.--Chapter 447 of title 49, United States
Code, is further amended by redesignating the second section
44737 (as added by section 581 of the FAA Reauthorization Act
of 2018) as section 44740.
(2) Analysis.--The analysis for chapter 447 of title 49,
United States Code, is amended--
(A) by striking the item relating to the second
section 44737 (as added by section 581 of the FAA
Reauthorization Act of 2018); and
(B) by inserting after the item relating to section
44739 the following new items:
``44740. Special rule for certain aircraft operations.
``44741. Foreign object debris collision avoidance.''.
(3) Special rule for certain aircraft operations.--Section
44740 of title 49, United States Code (as redesignated by
paragraph (1)), is amended--
(A) in the heading by striking the period at the
end;
(B) in subsection (a)(1) by striking ``chapter''
and inserting ``section'';
(C) in subsection (b)(1) by striking ``(1)'' the
second time it appears; and
(D) in subsection (c)(2) by adding a period at the
end.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Aviation.
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