[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8854 Introduced in House (IH)]

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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.
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