51 U.S.C. § 60147 — Consultation

Page 156 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60145 § 60145. Acquisition of equipment The Landsat Program Management may, by means of a competitive process, allow a licensee under subchapter III or any other private party to buy, lease, or otherwise acquire the use of equipment from the Landsat system, when such equipment is no longer needed for the operation of such system or for the sale of data from such system. Officials of other United States Govern- ment civilian agencies are authorized and en- couraged to cooperate with the Secretary in car- rying out this section. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60145 .......... 15 U.S.C. 5655. Pub. L. 102–555, title V, § 505, Oct. 28, 1992, 106 Stat. 4177. § 60146. Radio frequency allocation (a) APPLICATION TO FEDERAL COMMUNICATIONS COMMISSION.—To the extent required by the Communications Act of 1934 (47 U.S.C. 151 et seq.), an application shall be filed with the Fed- eral Communications Commission for any radio facilities involved with commercial remote sens- ing space systems licensed under subchapter III. (b) DEADLINE FOR FCC ACTION.—It is the intent of Congress that the Federal Communications Commission complete the radio licensing proc- ess under the Communications Act of 1934 (47 U.S.C. 151 et seq.), upon the application of any private sector party or consortium operator of any commercial land remote sensing space sys- tem subject to this chapter, within 120 days of the receipt of an application for such licensing. If final action has not occurred within 120 days of the receipt of such an application, the Federal Communications Commission shall inform the applicant of any pending issues and of actions required to resolve them. (c) DEVELOPMENT AND CONSTRUCTION OF UNITED STATES SYSTEMS.—Authority shall not be re- quired from the Federal Communications Com- mission for the development and construction of any United States land remote sensing space system (or component thereof), other than radio transmitting facilities or components, while any licensing determination is being made. (d) CONSISTENCY WITH INTERNATIONAL OBLIGA- TIONS AND PUBLIC INTEREST.—Frequency alloca- tions made pursuant to this section by the Fed- eral Communications Commission shall be con- sistent with international obligations and with the public interest. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60146 .......... 15 U.S.C. 5656. Pub. L. 102–555, title V, § 506, Oct. 28, 1992, 106 Stat. 4177. Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, referred to in sub- secs. (a) and (b), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables. § 60147. Consultation (a) CONSULTATION WITH SECRETARY OF DE- FENSE.—The Secretary and the Landsat Program Management shall consult with the Secretary of Defense on all matters under this chapter affect- ing national security. The Secretary of Defense shall be responsible for determining those condi- tions, consistent with this chapter, necessary to meet national security concerns of the United States and for notifying the Secretary and the Landsat Program Management promptly of such conditions. (b) CONSULTATION WITH SECRETARY OF STATE.— (1) IN GENERAL.—The Secretary and the Landsat Program Management shall consult with the Secretary of State on all matters under this chapter affecting international ob- ligations. The Secretary of State shall be re- sponsible for determining those conditions, consistent with this chapter, necessary to meet international obligations and policies of the United States and for notifying promptly the Secretary and the Landsat Program Man- agement of such conditions. (2) INTERNATIONAL AID.—Appropriate United States Government agencies are authorized and encouraged to provide remote sensing data, technology, and training to developing nations as a component of programs of inter- national aid. (3) REPORTING DISCRIMINATORY DISTRIBU- TION.—The Secretary of State shall promptly report to the Secretary and Landsat Program Management any instances outside the United States of discriminatory distribution of Landsat data. (c) STATUS REPORT.—The Landsat Program Management shall, as often as necessary, pro- vide to Congress complete and updated informa- tion about the status of ongoing operations of the Landsat system, including timely notifica- tion of decisions made with respect to the Landsat system in order to meet national secu- rity concerns and international obligations and policies of the United States Government. (d) REIMBURSEMENTS.—If, as a result of tech- nical modifications imposed on a licensee under subchapter III on the basis of national security concerns, the Secretary, in consultation with the Secretary of Defense or with other Federal agencies, determines that additional costs will be incurred by the licensee, or that past develop- ment costs (including the cost of capital) will not be recovered by the licensee, the Secretary may require the agency or agencies requesting such technical modifications to reimburse the licensee for such additional or development costs, but not for anticipated profits. Reim- bursements may cover costs associated with re- quired changes in system performance, but not costs ordinarily associated with doing business abroad. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3421.) Page 157 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60301 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60147 .......... 15 U.S.C. 5657. Pub. L. 102–555, title V, § 507, Oct. 28, 1992, 106 Stat. 4178. § 60148. Enforcement (a) IN GENERAL.—In order to ensure that unenhanced data from the Landsat system re- ceived solely for noncommercial purposes are not used for any commercial purpose, the Sec- retary (in collaboration with private sector enti- ties responsible for the marketing and distribu- tion of unenhanced data generated by the Landsat system) shall develop and implement a system for enforcing this prohibition, in the event that unenhanced data from the Landsat system are made available for noncommercial purposes at a different price than such data are made available for other purposes. (b) AUTHORITY OF SECRETARY.—Subject to sub- section (d), the Secretary may impose any of the enforcement mechanisms described in sub- section (c) against a person that— (1) receives unenhanced data from the Landsat system under this chapter solely for noncommercial purposes (and at a different price than the price at which such data are made available for other purposes); and (2) uses such data for other than non- commercial purposes. (c) ENFORCEMENT MECHANISMS.—Enforcement mechanisms referred to in subsection (b) may include civil penalties of not more than $10,000 (per day per violation), denial of further unenhanced data purchasing privileges, and any other penalties or restrictions the Secretary considers necessary to ensure, to the greatest extent practicable, that unenhanced data pro- vided for noncommercial purposes are not used to unfairly compete in the commercial market against private sector entities not eligible for data at the cost of fulfilling user requests. (d) PROCEDURES AND REGULATIONS.—The Sec- retary shall issue any regulations necessary to carry out this section and shall establish stand- ards and procedures governing the imposition of enforcement mechanisms under subsection (b). The standards and procedures shall include a procedure for potentially aggrieved parties to file formal protests with the Secretary alleging instances where such unenhanced data have been, or are being, used for commercial purposes in violation of the terms of receipt of such data. The Secretary shall promptly act to investigate any such protest, and shall report annually to Congress on instances of such violations. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3421.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60148 .......... 15 U.S.C. 5658. Pub. L. 102–555, title V, § 508, Oct. 28, 1992, 106 Stat. 4179. In subsection (d), in the second sentence, the words ‘‘have been, or are being’’ are substituted for ‘‘has been, or is being’’ to correct an error in the law. SUBCHAPTER VI—PROHIBITION OF COM- MERCIALIZATION OF WEATHER SAT- ELLITES § 60161. Prohibition Neither the President nor any other official of the Government shall make any effort to lease, sell, or transfer to the private sector, or com- mercialize, any portion of the weather satellite systems operated by the Department of Com- merce or any successor agency. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3422.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60161 .......... 15 U.S.C. 5671. Pub. L. 102–555, title VI, § 601, Oct. 28, 1992, 106 Stat. 4179. § 60162. Future considerations Regardless of any change in circumstances subsequent to October 28, 1992, even if such change makes it appear to be in the national in- terest to commercialize weather satellites, nei- ther the President nor any official shall take any action prohibited by section 60161 of this title unless this subchapter has first been re- pealed. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3422.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60162 .......... 15 U.S.C. 5672. Pub. L. 102–555, title VI, § 602, Oct. 28, 1992, 106 Stat. 4180. The date ‘‘October 28, 1992’’ is substituted for ‘‘the en- actment of this Act’’ to reflect the date of enactment of the Land Remote Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4163). CHAPTER 603—REMOTE SENSING Sec. 60301. Definitions. 60302. General responsibilities. 60303. Pilot projects to encourage public sector ap- plications. 60304. Program evaluation. 60305. Data availability. 60306. Education. § 60301. Definitions In this chapter: (1) GEOSPATIAL INFORMATION.—The term ‘‘geospatial information’’ means knowledge of the nature and distribution of physical and cultural features on the landscape based on analysis of data from airborne or spaceborne platforms or other types and sources of data. (2) HIGH RESOLUTION.—The term ‘‘high reso- lution’’ means resolution better than five me- ters. (3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3423.)