123STA T . 2 4 3 0PUBLIC LA W 111 –8 4 —O CT. 28 , 200 9andi n form a t ion u nd e r s u b se c tion ( a ) from , an y non -U nited S tates G o v ernment entity, inc l udin g anyoft h e follo w ing
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‘( 1 ) A State . ‘‘( 2 )A p olitical subdivision of a State. ‘‘( 3 ) A United States commercial entity. ‘‘( 4 ) T he government of a foreign country. ‘‘( 5 ) A foreign commercial entity. ‘‘(c) A GRE E M E NT . — The Secretary may not provide space situa- tional 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 e x press approval of the Sec- retary; and ‘‘(3) agrees to any other terms and conditions considered necessary by the Secretary. ‘‘(d) CHA RGE S .—(1) As a condition of an agreement under sub- section (c), the Secretary may (except as provided in paragraph (2)) re q uire the non-United States Government entity entering into the agreement to pay to the D epartment of Defense such amounts as the Secretary determines appropriate to reimburse the Depart- ment 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) CRE DI TING OFFU NDS R E C EI V ED.—(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 cur- rently 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 appropria- tion, fund, or account to which credited. ‘‘(f) P ROCEDURES.—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 con- tractor of the Department of Defense. ‘‘(g) I MMUNIT Y .—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) N OTICE OF CONCERNS OF DISC L OSURE 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 in accordance with this section due to the concerns of Deadlin e . De t e rm inati o n.
