Pilot Program for Provision of Space Surveillance Network Services to Non-United States Government Entities

Excerpt from National Defense Authorization Act for Fiscal Year 2004, House Armed Services Committee

SEC. 913. PILOT PROGRAM FOR PROVISION OF SPACE SURVEILLANCE NETWORK SERVICES
TO
NON-UNITED STATES GOVERNMENT ENTITIES.

(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:

Ӥ 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 intellige
nce
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.”.

(b) CLERICAL AMENDMENT.–The table of sections at the beginning of such
chapter
is amended by adding after the item relating to section 2273, as added by
section 912(b), the following new item: ”2274. Space surveillance network:
pilot program for provision of satellite tracking support to entities
outside
United States Government.”.