§ 2274. Space situational awareness services and information: provision to non-United States Government entities

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title IX § 913(a) · 117 Stat. 1392

   Enacted · 10 U.S.C. § 2274

   Added Pub. L. 108–136, div. A, title IX, § 913(a), Nov. 24, 2003, 117 Stat. 1565

   Source evidence

   Code source credit
   Added Pub. L. 108–136, div. A, title IX, § 913(a), Nov. 24, 2003, 117 Stat. 1565

   Enacted provision · exact public law section
   (a) In General.— Chapter 135 of title 10, United States Code, is amended by adding after section 2273, as added by section 912(a), the following new section: “§ 2274. Space surveillance network: pilot program for provision of satellite tracking support to entities outside United States Government “(a) Pilot Program.— The Secretary of Defense may carry out a pilot program to determine the feasibility and desirability of providing to non-United States Government entities space surveillance data support described in subsection (b). “(b) Space Surveillance Data Support.— Under such a pilot program, the Secretary may provide to a non-United States Government entity, subject to an agreement described in subsection (d), the following: “(1) Satellite tracking services from assets owned or controlled by the Department of Defense, but only if the Secretary determines, in the case of any such agreement, that providing such services to that entity is in the national security interests of the United States. “(2) Space surveillance data and the analysis of space surveillance data, but only if the Secretary determines, in the case of any such agreement, that providing such data and analysis to that entity is in the national security interests of the United States. “(c) Eligible Entities.— Under the pilot program, the Secretary may provide space surveillance data support to non-United States Government entities including the following: “(1) State governments. “(2) Governments of political subdivisions of States. “(3) United States commercial entities. “(4) Governments of foreign countries. “(5) Foreign commercial entities. “(d) Required Agreement.— The Secretary may not provide space surveillance data support to a non-United States Government entity under the pilot program unless that entity enters into an agreement with the Secretary under which the entity— “(1) agrees to pay an amount that may be charged by the Secretary under subsection (e); and “(2) agrees not to transfer any data or technical information received under the agreement, including the analysis of tracking data, to any other entity without the express approval of the Secretary. “(e) Rule of Construction Concerning Provision of Intelligence Assets or Data.— Nothing in this section shall be considered to authorize the provision of services or information concerning, or derived from, United States intelligence assets or data. “(f) Charges.— (1) As a condition of an agreement under subsection (d), the 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 Defense such amounts as the Secretary determines to be necessary to reimburse the Department for the costs of the Department of providing space surveillance data support under the agreement. “(2) The Secretary may not require the government of a State or of a political subdivision of a State to pay any amount under paragraph (1). “(g) Crediting of Funds Received.— Funds received for the provision of space surveillance data support pursuant to an agreement under this section shall be credited to accounts of the Department of Defense that are current when the funds are received and that are available for the same purposes as the accounts originally charged to provide such support. Funds so credited shall merge with and become available for obligation for the same period as the accounts to which they are credited. “(h) Procedures.— The Secretary shall establish procedures for the conduct of the pilot program. As part of those procedures, the Secretary may allow space surveillance data and analysis of space surveillance data to be provided through a contractor of the Department of Defense. “(i) Duration of Pilot Program.— The pilot program under this section shall be conducted during the three-year period beginning on a date specified by the Secretary of Defense, which date shall be not later than 180 days after the date of the enactment of this section.” .

2. 2006

   John Warner National Defense Authorization Act for Fiscal Year 2007

   Pub. L. 109–364 div. A title IX § 912 · 120 Stat. 2083

   Substituted · 10 U.S.C. § 2274(i)

   Pub. L. 109–364 substituted “may be conducted through September 30, 2009” for “shall be conducted during the three-year period beginning on a date specified by the Secretary of Defense, which date shall be not later than 180 days after the date of the enactment of this section”

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 109–364 substituted “may be conducted through September 30, 2009” for “shall be conducted during the three-year period beginning on a date specified by the Secretary of Defense, which date shall be not later than 180 days after the date of the enactment of this section”.

   Enacted provision · exact public law section
   SEC. 912. EXTENSION OF AUTHORITY FOR PILOT PROGRAM FOR PROVISION OF SPACE SURVEILLANCE NETWORK SERVICES TO NON-UNITED STATES GOVERNMENT ENTITIES.   Section 2274(i) Deadline. of title 10, United States Code, is amended by striking “shall be conducted” and all that follows and inserting “may be conducted through September 30, 2009.”.

3. 2008

   Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

   Pub. L. 110–417 · 122 Stat. 4356

   Substituted · 10 U.S.C. § 2274(i)

   Pub. L. 110–417 substituted “September 30, 2010” for “September 30, 2009”

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 110–417 substituted “September 30, 2010” for “September 30, 2009”.

4. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 div. A title IX § 912(a) · 123 Stat. 2190

   Amended · 10 U.S.C. § 2274

   Pub. L. 111–84 amended section generally. Prior to amendment, section related to space surveillance network: pilot program for provision of satellite tracking support to entities outside United States Government

   Source evidence

   Code amendment note
   Pub. L. 111–84 amended section generally. Prior to amendment, section related to space surveillance network: pilot program for provision of satellite tracking support to entities outside United States Government.

   Enacted provision · exact public law section
   (a) In General.— Section 2274 of title 10, United States Code, is amended to read as follows: “§ 2274. Space situational awareness services and information: provision to non-United States Government entities “(a) Authority.— The Secretary of Defense may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities in accordance with this section. Any such action may be taken only if the Secretary determines that such action is consistent with the national security interests of the United States. “(b) Eligible Entities.— The Secretary may provide services and information under subsection (a) to, and may 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 may not 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 may 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 may (except as provided in paragraph (2)) require the non-United States Government entity entering into the agreement to pay to the Department of Defense such 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 may not 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 pursuant to an agreement under this section shall be 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) shall be merged with, and remain available for obligation with, the funds in the appropriation, fund, or account to which credited. “(f) Procedures.— The Secretary shall establish procedures by which the authority under this section shall be carried out. As part of those procedures, the Secretary may 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 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 services or information, whether or not provided in accordance with this section, or any related action or omission. “(h) Notice of Concerns of Disclosure of Information.— If the Secretary Deadline. Determination. determines that a commercial or foreign entity has declined or is reluctant to provide data or information to the Secretary in accordance with this section due to the concerns of such entity about the potential disclosure of such data or information, the Secretary shall, not later than 60 days after the Secretary makes that determination, provide notice to the congressional defense committees of the declination or reluctance of such entity.” .

   Effective date note
   Pub. L. 111–84, div. A, title IX, § 912(c), Oct. 28, 2009, 123 Stat. 2431, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2009, or the date of the enactment of this Act [Oct. 28, 2009], whichever is later.”

5. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title XVI § 1604(a) · 132 Stat. 1636

   1. Amended · 10 U.S.C. § 2274(a)

      Pub. L. 115–232 designated existing provisions as par. (1)

   2. Substituted · 10 U.S.C. § 2274(a)

      Pub. L. 115–232 substituted “Except as provided by paragraph (2), the Secretary of Defense may” for “The Secretary of Defense may”

   3. Added · 10 U.S.C. § 2274(a)

      Pub. L. 115–232 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 115–232 designated existing provisions as par. (1), substituted “Except as provided by paragraph (2), the Secretary of Defense may” for “The Secretary of Defense may”, and added par. (2).

   Enacted provision · exact public law section
   (a) Role of Department of Defense.— Section 2274(a) of title 10, United States Code, is amended— (1) by striking “The Secretary of Defense may” and inserting “(1) Except as provided by paragraph (2), the Secretary of Defense may”; and (2) by adding at the end the following new paragraph: “(2) Beginning January 1, 2024, the Secretary may provide space situational awareness services and information to, and may obtain space situational awareness data and information from, non-United States Government entities under paragraph (1) only to the extent that the Secretary determines such actions are necessary to meet the national security interests of the United States.” .

6 of 7 references resolved to an enrolled provision · 1 partial