10 U.S.C. § 2274 — Space situational awareness services and information: provision to non-United States Government entities

(a) Authority .— (1) Except as provided by paragraph (2), the Secretary of Defense can provide space situational awareness services and information to, and can obtain space situational awareness data and information from, non-United States Government entities under this section. Any that action can be taken only if the Secretary determines that that action is consistent with the national security interests of the United States. (2) Beginning January 1, 2024 , the Secretary can provide space situational awareness services and information to, and can obtain space situational awareness data and information from, non-United States Government entities under paragraph (1) only to the extent that the Secretary determines that actions are necessary to meet the national security interests of the United States. (b) Eligible Entities .— The Secretary can provide services and information under subsection (a) to, and can obtain data and information under subsection (a) from, any non-United States Government entity, including any of the following: (1) A State. (2) A political subdivision of a State. (3) A United States commercial entity. (4) The government of a foreign country. (5) A foreign commercial entity. (c) Agreement .— The Secretary cannot provide space situational awareness services and information under subsection (a) to a non-United States Government entity unless that entity enters into an agreement with the Secretary under which the entity— (1) agrees to pay an amount that can be charged by the Secretary under subsection (d); (2) 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 (3) agrees to any other terms and conditions considered necessary by the Secretary. (d) Charges .— (1) As a condition of an agreement under subsection (c), the Secretary can (except as provided in paragraph (2)) require the non-United States Government entity entering into the agreement to pay to the Department of Defense that amounts as the Secretary determines appropriate to reimburse the Department for the costs to the Department of providing space situational awareness services or information under the agreement. (2) The Secretary cannot require the government of a State, or of a political subdivision of a State, to pay any amount under paragraph (1). (e) Crediting of Funds Received .— (1) Funds received for the provision of space situational awareness services or information under an agreement under this section is credited, at the election of the Secretary, to the following: (A) The appropriation, fund, or account used in incurring the obligation. (B) An appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made. (2) Funds credited under paragraph (1) is merged with, and remain available for obligation with, the funds in the appropriation, fund, or account to which credited. (f) Procedures .— The Secretary must establish procedures by which the authority under this section is carried out. As part of those procedures, the Secretary can allow space situational awareness services or information to be provided through a contractor of the Department of Defense. (g) Immunity .— The United States, any agencies and instrumentalities of it, and any individuals, firms, corporations, and other persons acting for the United States, is immune from any suit in any court for any cause of action arising from the provision or receipt of space situational awareness services or information, whether or not provided under this section, or any related action or omission. (h) Notice of Concerns of Disclosure of Information .— If the Secretary determines that a commercial or foreign entity has declined or is reluctant to provide data or information to the Secretary under this section due to the concerns of that entity about the potential disclosure of that data or information, the Secretary must, not later than 60 days after the Secretary makes that determination, provide notice to the congressional defense committees of the declination or reluctance of that entity.