51 U.S.C. § 60144 — Reimbursement for assistance

Page 155 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60144 SUBCHAPTER V—GENERAL PROVISIONS § 60141. Nondiscriminatory data availability (a) IN GENERAL.—Except as provided in sub- section (b), any unenhanced data generated by the Landsat system or any other land remote sensing system funded and owned by the United States Government shall be made available to all users without preference, bias, or any other special arrangement (except on the basis of na- tional security concerns pursuant to section 60146 of this title) regarding delivery, format, pricing, or technical considerations which would favor one customer or class of customers over another. (b) EXCEPTIONS.—Unenhanced data generated by the Landsat system or any other land remote sensing system funded and owned by the United States Government may be made available to the United States Government and its affiliated users at reduced prices, in accordance with this chapter, on the condition that such unenhanced data are used solely for noncommercial pur- poses. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3419.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60141 .......... 15 U.S.C. 5651. Pub. L. 102–555, title V, § 501, Oct. 28, 1992, 106 Stat. 4176. § 60142. Archiving of data (a) PUBLIC INTEREST.—It is in the public inter- est for the United States Government to— (1) maintain an archive of land remote sens- ing data for historical, scientific, and tech- nical purposes, including long-term global en- vironmental monitoring; (2) control the content and scope of the ar- chive; and (3) ensure the quality, integrity, and con- tinuity of the archive. (b) ARCHIVING PRACTICES.—The Secretary of the Interior, in consultation with the Landsat Program Management, shall provide for long- term storage, maintenance, and upgrading of a basic, global, land remote sensing data set (here- after in this section referred to as the ‘‘basic data set’’) and shall follow reasonable archival practices to ensure proper storage and preserva- tion of the basic data set and timely access for parties requesting data. (c) DETERMINATION OF CONTENT OF BASIC DATA SET.—In determining the initial content of, or in upgrading, the basic data set, the Secretary of the Interior shall— (1) use as a baseline the data archived on Oc- tober 28, 1992; (2) take into account future technical and scientific developments and needs, paying par- ticular attention to the anticipated data re- quirements of global environmental change re- search; (3) consult with and seek the advice of users and producers of remote sensing data and data products; (4) consider the need for data which may be duplicative in terms of geographical coverage but which differ in terms of season, spectral bands, resolution, or other relevant factors; (5) include, as the Secretary of the Interior considers appropriate, unenhanced data gen- erated either by the Landsat system, pursuant to subchapter II, or by licensees under sub- chapter III; (6) include, as the Secretary of the Interior considers appropriate, data collected by for- eign ground stations or by foreign remote sensing space systems; and (7) ensure that the content of the archive is developed in accordance with section 60146 of this title. (d) PUBLIC DOMAIN.—After the expiration of any exclusive right to sell, or after relinquish- ment of such right, the data provided to the Na- tional Satellite Land Remote Sensing Data Ar- chive shall be in the public domain and shall be made available to requesting parties by the Sec- retary of the Interior at the cost of fulfilling user requests. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3419.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60142 .......... 15 U.S.C. 5652. Pub. L. 102–555, title V, § 502, Oct. 28, 1992, 106 Stat. 4176. In subsection (b), the words ‘‘hereafter in this sec- tion’’ are substituted for ‘‘hereinafter’’ for clarity. In subsection (c), in the matter before paragraph (1), the words ‘‘of the Interior’’ are substituted for ‘‘of Inte- rior’’ to correct an error in the law. In subsection (c)(1), the date ‘‘October 28, 1992’’ is sub- stituted for ‘‘the date of enactment of this Act’’ to re- flect the date of enactment of the Land Remote Sens- ing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4163). § 60143. Nonreproduction Unenhanced data distributed by any licensee under subchapter III may be sold on the condi- tion that such data will not be reproduced or disseminated by the purchaser for commercial purposes. (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) 60143 .......... 15 U.S.C. 5653. Pub. L. 102–555, title V, § 503, Oct. 28, 1992, 106 Stat. 4177. § 60144. Reimbursement for assistance The Administrator, the Secretary of Defense, and the heads of other United States Govern- ment agencies may provide assistance to land remote sensing system operators under the pro- visions of this chapter. Substantial assistance shall be reimbursed by the operator, except as otherwise provided by law. (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) 60144 .......... 15 U.S.C. 5654. Pub. L. 102–555, title V, § 504, Oct. 28, 1992, 106 Stat. 4177. 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.)