I 
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 pro-
gram to track potential sources of airborne foreign object 
debris to prevent the collision of aircraft with such de-
bris, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Aerospace Debris Safe-
ty Act’’. 
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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 fol-
lowing: 
‘‘§ 44741. Foreign object debris collision avoidance 
‘‘(a) IN GENERAL.—The Secretary of Transpor-
tation, in coordination with the Administrator of the Fed-
eral Aviation Administration, shall— 
‘‘(1) establish a program to track objects that 
are potential sources of covered airborne foreign ob-
ject debris; 
‘‘(2) establish a database containing data and 
information on such objects; 
‘‘(3) utilize existing tools and methods, includ-
ing 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 uncon-
trolled 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— 
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‘‘(A) airspace may be dynamically con-
trolled or restricted due to the presence or ex-
pected presence of covered airborne foreign ob-
ject 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 pro-
gram under subsection (a)(1), the Secretary may— 
‘‘(1) acquire or establish facilities and equip-
ment 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, includ-
ing 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— 
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‘‘(A) details the purposes for which the 
Secretary is authorized to use such data and in-
formation; 
‘‘(B) describes the conditions under which 
data and information may not be released, in-
cluding 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 re-
striction 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 abil-
ity of the Secretary to provide the minimum data 
and information necessary to an eligible entity to ef-
fectively provide services described under subsection 
(d). 
‘‘(d) SAFETY OF AIRSPACE AND AIRCRAFT.— 
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‘‘(1) UNITED
STATES
AIRSPACE.—The Sec-
retary 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 navi-
gation 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 pro-
viding such services, as determined by the Sec-
retary; 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 coordina-
tion with appropriate entities within the Department 
of Transportation and in consultation with the heads 
of other relevant Federal agencies— 
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‘‘(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 pro-
vide services relating to such data and informa-
tion, as the Secretary determines appropriate; 
‘‘(B) subject to paragraph (2), may pro-
vide 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 deter-
mine the type of information that may be pro-
vided under paragraph (1) without compro-
mising the national security interests of the 
United States. 
‘‘(3) PUBLIC SERVICES.— 
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‘‘(A) IN
GENERAL.—The Secretary shall 
designate a basic level of data, information, and 
services described in paragraph (1) to be pro-
vided at no charge to an eligible entity and pub-
lic services to be provided at no charge, includ-
ing— 
‘‘(i) a public catalog of objects con-
tained in the database established under 
subsection (a)(2); 
‘‘(ii) emergency conjunction notifica-
tions for objects that are potential sources 
of covered airborne foreign object debris; 
and 
‘‘(iii) any other data, information, or 
services the Secretary considers appro-
priate. 
‘‘(B) LIMITATION.—The Secretary may 
not provide data, information, or services under 
subparagraph (A)(iii) that compete with prod-
ucts offered by United States commercial enti-
ties. 
‘‘(4) ADVANCED
SERVICES.—The Secretary 
may undertake activities to promote the creation and 
provision of more advanced levels of data, informa-
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tion, and services to foster the public and private en-
hancement of transportation safety. 
‘‘(5) PROCEDURES.—The Secretary shall estab-
lish procedures by which the authority under this 
subsection shall be carried out. 
‘‘(6) IMMUNITY.—The United States, any agen-
cies and instrumentalities thereof, and any individ-
uals, 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 re-
lated action or omission. 
‘‘(f) NON-DELEGATION.—Except as provided in sub-
section (e)(5), the authority under this section may only 
be delegated by the Secretary of Transportation to an offi-
cer or employee of the Department of Transportation, in-
cluding 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: 
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‘‘(1) COVERED AIRBORNE FOREIGN OBJECT DE-
BRIS.—The term ‘covered airborne foreign object de-
bris’ 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 en-
tity’ 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 redesig-
nating the second section 44737 (as added by sec-
tion 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— 
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(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 OP-
ERATIONS.—Section 44740 of title 49, United States 
Code (as redesignated by paragraph (1)), is amend-
ed— 
(A) in the heading by striking the period 
at the end; 
(B) in subsection (a)(1) by striking ‘‘chap-
ter’’ 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. 
Æ 
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