117 STAT. 1566
PUBLIC LAW 108–136—NOV. 24, 2003
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.
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