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) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Aerospace Debris Safe5 ty Act’’. 


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1 SEC. 2. AIRBORNE DEBRIS COLLISION AVOIDANCE. 

2 (a) IN GENERAL.—Chapter 447 of title 49, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 44744. Airborne debris collision avoidance 

6 ‘‘(a) IN GENERAL.—The Secretary of Transpor7 tation, in coordination with the Administrator of the Fed8 eral Aviation Administration, shall— 

9 ‘‘(1) establish a program to track objects that 

10 are potential sources of covered airborne debris; 

11 ‘‘(2) establish a database containing data and 

12 information on such objects; 

13 ‘‘(3) utilize existing tools and methods, includ14 ing communication with the owners or operators of 

15 such objects, to determine on an ongoing basis the 

16 likelihood and the circumstances, including the time 

17 and location, under which such objects may reenter 

18 the Earth’s atmosphere in a controlled or uncon19 trolled manner; 

20 ‘‘(4) assess the potential of a reentry of each 

21 such object to create covered airborne debris and the 

22 risk such debris may pose to aircraft or individuals 

23 and property on the ground; and 

24 ‘‘(5) establish a system, in consultation with the 

25 Chief Operating Officer for the air traffic control 

26 system, by which— 


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1 ‘‘(A) airspace may be identified for pos2 sible control or restrictions when risks are 

3 present due to the presence or expected pres4 ence of covered airborne debris; and 

5 ‘‘(B) aircraft at risk of being impacted by 

6 covered airborne debris can be expeditiously no7 tified and redirected. 

8 ‘‘(b) TRACKING PROGRAM.—In establishing the pro9 gram under subsection (a)(1), the Secretary may— 

10 ‘‘(1) acquire or establish facilities and equip11 ment to directly track objects that are potential 

12 sources of covered airborne debris; and 

13 ‘‘(2) contract for, or utilize reliable sources of, 

14 data and information relating to such objects from 

15 other Federal agencies or any eligible entity, includ16 ing by using the authority provided in section 

17 106(l)(6). 

18 ‘‘(c) DATA AND INFORMATION AGREEMENTS.— 

19 ‘‘(1) FEDERAL AGREEMENT.—Prior to receiving 

20 data and information from a Federal agency under 

21 subsection (b)(2), or using such data and informa22 tion for any purpose under this section, the Sec23 retary shall enter into an agreement with the head 

24 of such Federal agency that— 


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1 ‘‘(A) details the purposes for which the 

2 Secretary is authorized to use such data and in3 formation; 

4 ‘‘(B) describes the conditions under which 

5 data and information may not be released, in6 cluding a list of eligible entities or categories of 

7 eligible entities that are not permitted to receive 

8 such data and information; 

9 ‘‘(C) ensures that such data or information 

10 is safety-related and unclassified; 

11 ‘‘(D) designates the Secretary as the sole 

12 or primary Federal distributor of such data and 

13 information to an eligible entity; and 

14 ‘‘(E) contains any other condition or re15 striction as the Secretary and the head of such 

16 Federal agency consider appropriate. 

17 ‘‘(2) EXCEPTIONS.— 

18 ‘‘(A) IN GENERAL.—The Secretary may 

19 not enter into an agreement with the head of a 

20 Federal agency under this subsection that re21 stricts the ability of the Secretary to provide 

22 the minimum data and information necessary to 

23 an eligible entity to effectively provide services 

24 described under subsection (d). 


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1 ‘‘(B) CLASSIFIED DATA OR INFORMA2 TION.—If the Secretary and the head of a Fed3 eral agency determine that the sharing of clas4 sified data or information from such Federal 

5 agency under subsection (b)(2) is necessary or 

6 otherwise appropriate, the Secretary and the 

7 head of the Federal agency shall include in an 

8 agreement under this subsection any procedures 

9 and policies that are necessary to manage the 

10 use of such classified data or information with11 out compromising the national security interests 

12 of the United States. 

13 ‘‘(3) NON-FEDERAL AGREEMENT.—Prior to re14 ceiving data and information from an eligible entity 

15 under subsection (b)(2), or using such data and in16 formation for any purpose under this section, the 

17 Secretary shall enter into an agreement with the eli18 gible entity governing the management and dissemi19 nation of such data and information. Such agree20 ment may contain such conditions or restrictions as 

21 the Secretary considers appropriate. 

22 ‘‘(4) DISCLOSURE.— 

23 ‘‘(A) IN GENERAL.—Pursuant to section 

24 552(b)(3)(B) of title 5, the Secretary may not 

25 disclose to the public any data or information 


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1 received pursuant an agreement under this sub2 section. 

3 ‘‘(B) EXCEPTION.—The Secretary may 

4 disclose data or information under this section 

5 that qualifies for an exemption under section 

6 552(b)(4) of title 5, or is designated as con7 fidential by the person or head of the Federal 

8 agency providing the data or information, only 

9 if the Secretary decides withholding the data or 

10 information is contrary to the public or national 

11 interest. 

12 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

13 in this paragraph shall be construed to prohibit 

14 the Secretary from using or releasing such data 

15 and information pursuant to the terms of an 

16 agreement under this subsection. 

17 ‘‘(d) SAFETY OF AIRSPACE AND AIRCRAFT.— 

18 ‘‘(1) UNITED STATES AIRSPACE.—The Sec19 retary shall provide the service described under sub20 section (a)(5) to aircraft operating in United States 

21 airspace or airspace assigned to the United States at 

22 no charge. 

23 ‘‘(2) FOREIGN AGREEMENTS.—The Secretary 

24 may enter into an agreement with a foreign air navi25 gation service provider for the Secretary to provide 


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1 the services described in subsection (a)(5)(B) to the 

2 foreign air navigation service provider, provided that 

3 the foreign air navigation service provider— 

4 ‘‘(A) remunerates the Secretary at a rate 

5 that is reasonably related to the cost of pro6 viding such services, as determined by the Sec7 retary; and 

8 ‘‘(B) agrees to indemnify and hold the 

9 United States Government harmless from any 

10 claim related to the provision of such services 

11 and any related action or omission. 

12 ‘‘(e) OTHER USES OF DATA AND INFORMATION; 

13 OTHER SERVICES.— 

14 ‘‘(1) AUTHORITY.—The Secretary, in coordina15 tion with appropriate entities within the Department 

16 of Transportation and in consultation with the heads 

17 of other relevant Federal agencies— 

18 ‘‘(A) shall carry out a program to improve 

19 the collection, processing, and dissemination of 

20 space situational awareness data and informa21 tion (including information contained in the 

22 database established under subsection (a)(2)) 

23 and to provide services relating to such data 

24 and information; 


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1 ‘‘(B) subject to paragraph (2), may pro2 vide such data, information, and services to an 

3 eligible entity; and 

4 ‘‘(C) may obtain such data, information, 

5 and services from an eligible entity. 

6 ‘‘(2) TYPE OF INFORMATION PROVIDED.— 

7 ‘‘(A) IN GENERAL.—Data and information 

8 provided to an eligible entity under paragraph 

9 (1)(B) shall be safety-related and unclassified. 

10 ‘‘(B) INTERESTS OF THE UNITED

11 STATES.—The Secretary, in consultation with 

12 the head of a Federal agency with which the 

13 Secretary has entered into an agreement under 

14 subsection (c), shall develop a policy to deter15 mine the type of information that may be pro16 vided under paragraph (1) without compro17 mising the national security interests of the 

18 United States. 

19 ‘‘(3) PUBLIC SERVICES.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 designate a basic level of data, information, and 

22 services described in paragraph (1) to be pro23 vided at no charge to an eligible entity and pub24 lic services to be provided at no charge, includ25 ing— 


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1 ‘‘(i) a public catalog of objects that 

2 are potential sources of covered airborne 

3 debris and other tracked space objects; 

4 ‘‘(ii) emergency conjunction notifica5 tions for objects described in clause (i); 

6 and 

7 ‘‘(iii) any other data, information, or 

8 services (excluding services that may be 

9 provided pursuant to an agreement under 

10 subsection (d)(2)) that the Secretary con11 siders— 

12 ‘‘(I) necessary for safety; or 

13 ‘‘(II) appropriate. 

14 ‘‘(B) LIMITATION.—The Secretary may 

15 not provide data, information, or services under 

16 subparagraph (A)(iii)(II) that compete with 

17 products offered by United States commercial 

18 entities. 

19 ‘‘(4) ADVANCED SERVICES.—The Secretary 

20 may undertake activities to promote the creation and 

21 provision of more advanced levels of data, informa22 tion, and services described in paragraph (1) to fos23 ter the public and private enhancement of transpor24 tation safety. 


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1 ‘‘(5) PROCEDURES.—The Secretary shall estab2 lish procedures by which the authority under this 

3 subsection shall be carried out. 

4 ‘‘(6) IMMUNITY.—The United States, any agen5 cies and instrumentalities thereof, and any individ6 uals, firms, corporations, and other persons acting 

7 for the United States, shall be immune from any 

8 suit in any court for any cause of action arising 

9 from the provision or receipt data, information, or 

10 services described in paragraph (1) whether or not 

11 provided in accordance with this section, or any re12 lated action or omission. 

13 ‘‘(f) NON-DELEGATION.—Except as provided in sub14 section (e)(5), the authority under this section may only 

15 be delegated by the Secretary of Transportation to an offi16 cer or employee of the Department of Transportation, in17 cluding the Federal Aviation Administration. 

18 ‘‘(g) FUNDING.—Out of amounts made available 

19 under section 106(k)(2)(D) of title 49, United States 

20 Code, $15,000,000 for each of fiscal years 2022 and 2023 

21 may be expended by the Secretary to carry out this sec22 tion. 

23 ‘‘(h) DEFINITIONS.—In this section: 


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1 ‘‘(1) COVERED AIRBORNE DEBRIS.—The term 

2 ‘covered airborne debris’ means any human-made 

3 object that— 

4 ‘‘(A) was previously in Earth orbit; 

5 ‘‘(B) is in the atmosphere; 

6 ‘‘(C) is uncontrolled; and 

7 ‘‘(D) poses a potential risk to the safe 

8 flight of civil aircraft in air commerce. 

9 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en10 tity’ means any non-Federal entity, including any of 

11 the following: 

12 ‘‘(A) A State. 

13 ‘‘(B) A political subdivision of a State. 

14 ‘‘(C) A United States commercial entity. 

15 ‘‘(D) The government of a foreign country. 

16 ‘‘(E) A foreign commercial entity.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chap18 ter 447 of title 49, United States Code, is amended by 

19 adding at the end the following: 

‘‘44744. Airborne debris collision avoidance.’’. 

Æ 


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