Aerospace Debris Safety Act
Bill: H.R.2624 | Sponsor: Rep. Graves, Garret (R-LA)
Policy area: Transportation and Public Works

Summary:
Aerospace Debris Safety Act
This bill directs the Department of Transportation to establish a program to track objects that are potential sources of airborne debris that pose a risk to the safe flight of civil aircraft in air commerce. It must also (1) create a database containing data and information on such objects, (2) utilize existing tools and methods to determine the likelihood and circumstances under which such objects may reenter the Earth's atmosphere, (3) assess the risk such objects may pose to aircraft or individuals and property on the ground, and (4) establish a system to control or restrict airspace when risks are present due to the presence or expected presence of airborne debris and to expeditiously notify and redirect aircraft at risk of being impacted by such debris.

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>