II 

116TH CONGRESS 

2D SESSION S. 4827 

To authorize the Assistant Secretary of Space Commerce to provide space 

situational awareness data, information, and services to non-United 

States Government entities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21 (legislative day, OCTOBER 19), 2020 

Mr. WICKER introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To authorize the Assistant Secretary of Space Commerce 

to provide space situational awareness data, information, 

and services to non-United States Government entities, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Space Preservation 

5 And Conjunction Emergency Act of 2020’’ or the 

6 ‘‘SPACE Act of 2020’’. 


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1 SEC. 2. BUREAU OF SPACE COMMERCE. 

2 (a) SENSE OF CONGRESS.—It is the sense of Con3 gress that— 

4 (1) growing commercial activity in space re5 quires immediate action to address the increasing 

6 probability of collisions between spacecraft and or7 bital debris; 

8 (2) such collisions threaten the billions of dol9 lars of existing United States and allied spacecraft, 

10 including the International Space Station, and en11 danger the future usability of space; 

12 (3) the provision of accurate and timely notice 

13 to commercial satellite operators with respect to po14 tential conjunctions enhances safety; and 

15 (4) a 2020 National Academies for Public Ad16 ministration study identified the Department of 

17 Commerce as the preferred Federal agency to pro18 vide space situational awareness services to commer19 cial satellite operators. 

20 (b) AMENDMENTS.—Chapter 507 of title 51, United 

21 States Code, is amended— 

22 (1) in the chapter heading, by striking ‘‘OF23 FICE’’ and inserting ‘‘BUREAU’’; 

24 (2) by amending section 50701 to read as fol25 lows: 


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1 ‘‘§ 50701. Definition of Bureau 

2 ‘‘In this chapter, the term ‘Bureau’ means the Bu3 reau of Space Commerce established in section 50702.’’; 

4 (3) in section 50702— 

5 (A) by amending subsection (a) to read as 

6 follows: 

7 ‘‘(a) IN GENERAL.—There is established within the 

8 Department of Commerce a Bureau of Space Commerce.’’; 

9 (B) by amending subsection (b) to read as 

10 follows: 

11 ‘‘(b) ASSISTANT SECRETARY.—The Bureau shall be 

12 headed by an Assistant Secretary for Space Commerce, 

13 to be appointed by the President, with the advice and con14 sent of the Senate, and compensated at level II or III of 

15 the Executive Schedule, as determined by the Secretary 

16 of Commerce. The Assistant Secretary shall report directly 

17 to the Secretary of Commerce.’’; 

18 (C) in subsection (c)— 

19 (i) in the subsection heading, by strik20 ing ‘‘OFFICE’’ and inserting ‘‘BUREAU’’; 

21 (ii) in the matter preceding paragraph 

22 (1), by striking ‘‘Office’’ and inserting 

23 ‘‘Bureau’’; 

24 (iii) in paragraph (2), by inserting ‘‘, 

25 including activities licensed under chapter 

26 601’’ before the semicolon; and 


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1 (iv) in paragraph (5), by striking ‘‘Po2 sition,’’ and inserting ‘‘Positioning,’’; and 

3 (D) in subsection (d)— 

4 (i) in the subsection heading, by strik5 ing ‘‘DIRECTOR’’ and inserting ‘‘ASSIST6 ANT SECRETARY’’; 

7 (ii) in the matter preceding paragraph 

8 (1)— 

9 (I) by striking ‘‘Director’’ and in10 serting ‘‘Assistant Secretary’’; and 

11 (II) by striking ‘‘Office shall’’ 

12 and inserting ‘‘Bureau shall, under 

13 the direction and supervision of the 

14 Secretary of Commerce,’’; 

15 (iii) by redesignating paragraphs (1) 

16 through (7) as paragraphs (3) through (9), 

17 respectively; 

18 (iv) by inserting before paragraph (3), 

19 as redesignated, the following: 

20 ‘‘(1) overseeing the issuing of licenses under 

21 chapter 601; 

22 ‘‘(2) coordinating Department of Commerce 

23 policy affecting commercial space activities and 

24 working with other executive agencies to promote 


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1 policies that advance commercial space activities;’’; 

2 and 

3 (v) in paragraph (8), as redesignated, 

4 by inserting ‘‘, consistent with the inter5 national obligations, foreign policy, and na6 tional security interests of the United 

7 States’’ before the semicolon; 

8 (4) in section 50703— 

9 (A) by striking ‘‘Office’’ and inserting 

10 ‘‘Bureau’’; and 

11 (B) by striking ‘‘Committee on Science and 

12 Technology of the House of Representatives’’ 

13 and inserting ‘‘Committee on Science, Space, 

14 and Technology of the House of Representa15 tives’’; and 

16 (5) by adding at the end the following: 

17 ‘‘§ 50705. Authorization of appropriations 

18 ‘‘There is authorized to be appropriated to the Sec19 retary of Commerce to carry out this chapter $15,000,000 

20 for fiscal year 2021.’’. 

21 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 (1) TABLE OF CONTENTS.—The table of sec23 tions for chapter 507 of title 51, United States 

24 Code, is amended— 


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1 (A) by striking the item relating to section 

2 50701 and inserting the following: 

‘‘50701. Definition of Bureau.’’; 

3 and 

4 (B) by adding after the item relating to 

5 section 50703 the following: 

‘‘50705. Authorization of appropriations.’’. 

6 (2) TABLE OF CHAPTERS.—The table of chap7 ters for title 51, United States Code, is amended by 

8 striking the item relating to chapter 507 and insert9 ing the following: 

‘‘Chapter 507. Bureau of Space Commerce ...........................50701.’’. 

10 (3) COOPERATION WITH FORMER SOVIET RE11 PUBLICS.—Section 218 of the National Aeronautics 

12 and Space Administration Authorization Act, Fiscal 

13 Year 1993 (51 U.S.C. 50702 note) is amended by 

14 striking ‘‘Office’’ each place it appears and inserting 

15 ‘‘Bureau’’. 

16 SEC. 3. SPACE SITUATIONAL AWARENESS DATA, INFORMA17 TION, AND SERVICES: PROVISION TO NON18 UNITED STATES GOVERNMENT ENTITIES. 

19 (a) BUREAU OF SPACE COMMERCE AUTHORITY.— 

20 Title 51, United States Code, is amended by inserting 

21 after section 50703 the following: 


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1 ‘‘§ 50704. Space situational awareness data, informa2 tion, and services: provision to non3 United States Government entities 

4 ‘‘(a) AUTHORITY.—The Assistant Secretary for 

5 Space Commerce (referred to in this section as the ‘Assist6 ant Secretary’) may provide space situational awareness 

7 data, information, and services to, and may obtain space 

8 situational awareness data, information, and services 

9 from, non-United States Government entities in accord10 ance with this section. 

11 ‘‘(b) ELIGIBLE ENTITIES.—The Assistant Secretary 

12 may provide data, information, and services under sub13 section (a) to, and may obtain data, information, and serv14 ices under subsection (a) from, any non-United States 

15 Government entity, including any of the following: 

16 ‘‘(1) A State. 

17 ‘‘(2) A political subdivision of a State. 

18 ‘‘(3) A United States commercial entity. 

19 ‘‘(4) The government of a foreign country. 

20 ‘‘(5) A foreign commercial entity. 

21 ‘‘(c) AGREEMENT.—The Assistant Secretary may not 

22 provide space situational awareness data, information, or 

23 services under subsection (a) to a non-United States Gov24 ernment entity unless that entity enters into an agreement 

25 with the Assistant Secretary under which the entity— 


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1 ‘‘(1) agrees to pay an amount that may be 

2 charged by the Assistant Secretary under subsection 

3 (d); 

4 ‘‘(2) agrees not to transfer any data or tech5 nical information received under the agreement, in6 cluding the analysis of data, to any other entity 

7 without the express approval of the Assistant Sec8 retary; and 

9 ‘‘(3) agrees to any other terms and conditions 

10 considered necessary by the Assistant Secretary. 

11 ‘‘(d) CHARGES.—(1) As a condition of an agreement 

12 under subsection (c), the Assistant Secretary may (except 

13 as provided in paragraph (2)) require the non-United 

14 States Government entity entering into the agreement to 

15 pay to the Department of Commerce such amounts as the 

16 Assistant Secretary determines appropriate. 

17 ‘‘(2) The Assistant Secretary may not require the 

18 government of a State, or of a political subdivision of a 

19 State, to pay any amount under paragraph (1). 

20 ‘‘(3) The Assistant Secretary may designate a basic 

21 level of space situational awareness services to be provided 

22 at no charge to non-United States Government entities. 

23 ‘‘(e) CREDITING OF FUNDS RECEIVED.— 

24 ‘‘(1) IN GENERAL.—Funds received for the pro25 vision of space situational awareness data, informaVerDate Sep 11 2014 23:55 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4827.IS S4827

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1 tion, or services pursuant to an agreement under 

2 this section shall be credited, at the election of the 

3 Assistant Secretary, to the following: 

4 ‘‘(A) The appropriation, fund, or account 

5 used in incurring the obligation. 

6 ‘‘(B) An appropriate appropriation, fund, 

7 or account currently available for the purposes 

8 for which the expenditures were made. 

9 ‘‘(2) TREATMENT OF CREDITED FUNDS.— 

10 Funds credited under this subsection shall be 

11 merged with, and remain available for obligation 

12 with, the funds in the appropriation, fund, or ac13 count to which credited. 

14 ‘‘(f) PROCEDURES.—The Assistant Secretary shall 

15 establish procedures by which the authority under this sec16 tion shall be carried out. As part of those procedures, the 

17 Assistant Secretary may allow space situational awareness 

18 date, information, or services to be provided through a 

19 contractor of the Department of Commerce. 

20 ‘‘(g) IMMUNITY.—The United States, any agencies 

21 and instrumentalities thereof, and any individuals, firms, 

22 corporations, and other persons acting for the United 

23 States, shall be immune from any suit in any court for 

24 any cause of action arising from the provision or receipt 

25 of space situational awareness data, information, or servVerDate Sep 11 2014 23:55 Oct 29, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4827.IS S4827

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1 ices, whether or not provided in accordance with this sec2 tion, or any related action or omission. 

3 ‘‘(h) NOTICE OF CONCERNS OF DISCLOSURE OF IN4 FORMATION.—If the Assistant Secretary determines that 

5 a commercial or foreign entity has declined or is reluctant 

6 to provide data, information, or services to the Assistant 

7 Secretary in accordance with this section due to the con8 cerns of such entity about the potential disclosure of such 

9 data, information, or services, the Assistant Secretary 

10 shall, not later than 60 days after the Assistant Secretary 

11 makes that determination, provide notice to the Com12 mittee on Commerce, Science, and Transportation of the 

13 Senate and the Committee on Energy and Commerce of 

14 the House of Representatives of the declination or reluc15 tance of such entity.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

17 The table of sections for chapter 507 of title 51, United 

18 States Code, is amended by inserting after the item relat19 ing to section 50703 the following: 

‘‘50704. Space situational awareness data, information, and services: provision 

to non-United States Government entities.’’. 

Æ 


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