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Code · BILL · 114th Congress · H.R. 4945 (Introduced in House) — To permanently secure the United States as the preeminent spacefaring nation, and for other purposes. · Sec. 303

Sec. 303. Situational awareness of objects in Earth orbit

892 words·~4 min read·/bill/114/hr/4945/ih/section-303·

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Congress finds the following: Earth’s orbit contains spacecraft and debris that poses a great danger to other objects on orbit. The threat of collisions and increased space debris will only increase as barriers to access to space become lower, and the number and types of governmental, international, and commercial space actors continue to grow. High-fidelity situational awareness of actors and objects in orbit is necessary to protect access to space and prevent catastrophic collisions.
There are a growing number of commercial, academic, and international sources of space situation awareness data and analytical techniques that can significantly enhance the safety and efficiency of on-orbit activities. Chapter 509 of title 51, United States Code, is amended by adding at the end the following new section: The Secretary of Transportation— may— obtain data and information from an entity for situational awareness of an object in Earth orbit and the state of the space environment; and provide information and services for situational awareness of an object in Earth orbit and the state of the space environment to an entity if the Secretary determines that providing such information or services contributes to the public health and safety, the safety of property, or the safety of persons in outer space and is consistent with the national security and foreign policy interests of the United States; and shall establish a space situational awareness Space Awareness Advisory Committee that consists of commercial, academic, international, and government space situational awareness data and analysis experts to advise the Secretary on all matters related to obtaining, and disseminating to stakeholders, data and information regarding objects in Earth orbit and the state of the space environment, in order to ensure the protection of sensitive national security information and intellectual property while maximizing the accuracy of data and information to improve safety, efficiency, and innovation.
The Secretary may provide information and services under subsection
(a)to, and may obtain data and information under subsection
(a)from, any entity, including any of the following: A State. A political subdivision of a State. Any other entity of the United States Government. The government of a foreign country. A private or quasi-governmental entity organized under the laws of the United States or a foreign country. The Secretary may not provide information or services under subsection
(a)to an entity, other than the United States Government or an agency or instrumentality thereof, unless the entity enters into an agreement with the Secretary under which the entity— agrees not to transfer any data or technical information received under the agreement, including the analysis of data, to any other entity without the express approval of the Secretary; and agrees to any other terms and conditions considered necessary by the Secretary. The Secretary shall, in consultation with the Space Awareness Advisory Committee, establish procedures to carry out this section. The Secretary shall, to the extent practicable, provide information or services under this section through a contractor. 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 of space situational awareness information or services, whether or not provided in accordance with this section, or any related action or omission. Any information received under subsection (a), records of agreements entered into under subsection (c), or analyses or data provided as a part of the provision of services or information under this section shall be exempt from disclosure under section 552(b)(3) of title 5. Not later than 6 months after the date of enactment of this section, the Secretary of Transportation, in coordination with the Secretary of Defense, the Secretary of State, the Secretary of Commerce, the Administrator of the National Aeronautics and Space Administration, the Director of National Intelligence, and the heads of such other Government departments and agencies as the Secretary considers appropriate, shall develop an implementation plan to establish the capability to provide information and services under subsection (a). The Secretary shall submit the implementation plan to the following congressional committees: The Select Committee on Intelligence of the Senate. The Permanent Select Committee on Intelligence of the House of Representatives. The Committee on Armed Services of the Senate. The Committee on Armed Services of the House of Representatives. The Committee on Commerce, Science, and Transportation of the Senate. The Committee on Transportation and Infrastructure of the House of Representatives. The Committee on Science, Space, and Technology of the House of Representatives. Not later than 1 year after the submission of the implementation plans under paragraph (2), the Secretary of Transportation, in coordination with the Secretary of Defense, the Secretary of State, the Secretary of Commerce, the Administrator of the National Aeronautics and Space Administration, the Director of National Intelligence, and the heads of such other Government departments and agencies as the Secretary considers appropriate, shall initiate the implementation plan, including the testing of the capabilities necessary to carry out the objectives in subsection (a)(1). . The analysis for chapter 509 of title 51, United States Code, is amended by adding at the end the following: 50925. Information and services for situation awareness of objects in Earth orbit. . Section 50917(a) of such title is amended by inserting or of an agreement described in section 50924(c) before the period at the end.
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