Sec. 3. Space situational awareness data, information, and services: provision to non-United States Government entities
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/bill/116/s/4827/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title 51, United States Code, is amended by inserting after section 50703 the following: The Assistant Secretary for Space Commerce (referred to in this section as the Assistant Secretary ) may provide space situational awareness data, information, and services to, and may obtain space situational awareness data, information, and services from, non-United States Government entities in accordance with this section. The Assistant Secretary may provide data, information, and services under subsection
(a)to, and may obtain data, information, and services under subsection
(a)from, any non-United States Government entity, including any of the following: A State. A political subdivision of a State. A United States commercial entity. The government of a foreign country. A foreign commercial entity. The Assistant Secretary may not provide space situational awareness data, information, or services under subsection
(a)to a non-United States Government entity unless that entity enters into an agreement with the Assistant Secretary under which the entity— agrees to pay an amount that may be charged by the Assistant Secretary under subsection (d); 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 Assistant Secretary; and agrees to any other terms and conditions considered necessary by the Assistant Secretary. As a condition of an agreement under subsection (c), the Assistant Secretary may (except as provided in paragraph (2)) require the non-United States Government entity entering into the agreement to pay to the Department of Commerce such amounts as the Assistant Secretary determines appropriate. The Assistant Secretary may not require the government of a State, or of a political subdivision of a State, to pay any amount under paragraph (1). The Assistant Secretary may designate a basic level of space situational awareness services to be provided at no charge to non-United States Government entities. Funds received for the provision of space situational awareness data, information, or services pursuant to an agreement under this section shall be credited, at the election of the Assistant Secretary, to the following: The appropriation, fund, or account used in incurring the obligation. An appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made. Funds credited under this subsection shall be merged with, and remain available for obligation with, the funds in the appropriation, fund, or account to which credited. The Assistant Secretary shall establish procedures by which the authority under this section shall be carried out. As part of those procedures, the Assistant Secretary may allow space situational awareness date, information, or services to be provided through a contractor of the Department of Commerce. 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 data, information, or services, whether or not provided in accordance with this section, or any related action or omission. If the Assistant Secretary determines that a commercial or foreign entity has declined or is reluctant to provide data, information, or services to the Assistant Secretary in accordance with this section due to the concerns of such entity about the potential disclosure of such data, information, or services, the Assistant Secretary shall, not later than 60 days after the Assistant Secretary makes that determination, provide notice to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives of the declination or reluctance of such entity. . The table of sections for chapter 507 of title 51, United States Code, is amended by inserting after the item relating to section 50703 the following: 50704. Space situational awareness data, information, and services: provision to non-United States Government entities. .