51 U.S.C. § 60132 — Untitled legal text

Page 153 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60132 Federal Communications Commission pursuant to the Communications Act of 1934 (47 U.S.C. 151 et seq.). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3416.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60125 .......... 15 U.S.C. 5625. Pub. L. 102–555, title II, § 205, Oct. 28, 1992, 106 Stat. 4173. Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, referred to in sub- sec. (e), 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 classifica- tion of this Act to the Code, see section 609 of Title 47 and Tables. § 60126. Annual reports (a) IN GENERAL.—The Secretary shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Science, Space, and Technology of the House of Representatives not later than 180 days after the date of enactment of the U.S. Commer- cial Space Launch Competitiveness Act, and an- nually thereafter, on— (1) the Secretary’s implementation of sec- tion 60121, including— (A) a list of all applications received in the previous calendar year; (B) a list of all applications that resulted in a license under section 60121; (C) a list of all applications denied and an explanation of why each application was de- nied, including any information relevant to the interagency adjudication process of a li- censing request; (D) a list of all applications that required additional information; and (E) a list of all applications whose disposi- tion exceeded the 120 day deadline estab- lished in section 60121(c), the total days overdue for each application that exceeded such deadline, and an explanation for the delay; (2) all notifications and information pro- vided to the Secretary under section 60122; and (3) a description of all actions taken by the Secretary under the administrative authority granted by paragraphs (4), (5), and (6) of sec- tion 60123(a). (b) CLASSIFIED ANNEXES.—Each report under subsection (a) may include classified annexes as necessary to protect the disclosure of sensitive or classified information. (c) SUNSET.—The reporting requirement under this section terminates effective September 30, 2020. (Added Pub. L. 114–90, title II, § 201(a), Nov. 25, 2015, 129 Stat. 719.) Editorial Notes REFERENCES IN TEXT The date of enactment of the U.S. Commercial Space Launch Competitiveness Act, referred to in subsec. (a), is the date of enactment of Pub. L. 114–90, which was approved Nov. 25, 2015. SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND DEMONSTRATION § 60131. Continued Federal research and develop- ment (a) ROLES OF ADMINISTRATION AND DEPARTMENT OF DEFENSE.— (1) IN GENERAL.—The Administrator and the Secretary of Defense are directed to continue and to enhance programs of remote sensing re- search and development. (2) ADMINISTRATION ACTIVITIES AUTHORIZED AND ENCOURAGED.—The Administrator is au- thorized and encouraged to— (A) conduct experimental space remote sensing programs (including applications demonstration programs and basic research at universities); (B) develop remote sensing technologies and techniques, including those needed for monitoring the Earth and its environment; and (C) conduct such research and development in cooperation with other United States Government agencies and with public and private research entities (including private industry, universities, non-profit organiza- tions, State and local governments, foreign governments, and international organiza- tions) and to enter into arrangements (in- cluding joint ventures) which will foster such cooperation. (b) ROLES OF DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF THE INTERIOR.— (1) IN GENERAL.—In order to enhance the ability of the United States to manage and utilize its renewable and nonrenewable re- sources, the Secretary of Agriculture and the Secretary of the Interior are authorized and encouraged to conduct programs of research and development in the applications of remote sensing using funds appropriated for such pur- poses. (2) ACTIVITIES THAT MAY BE INCLUDED.—Such programs may include basic research at uni- versities, demonstrations of applications, and cooperative activities involving other Govern- ment agencies, private sector parties, and for- eign and international organizations. (c) ROLE OF OTHER FEDERAL AGENCIES.—Other United States Government agencies are author- ized and encouraged to conduct research and de- velopment on the use of remote sensing in the fulfillment of their authorized missions, using funds appropriated for such purposes. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3417.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60131 .......... 15 U.S.C. 5631. Pub. L. 102–555, title III, § 301, Oct. 28, 1992, 106 Stat. 4174. § 60132. Availability of federally gathered unenhanced data (a) IN GENERAL.—All unenhanced land remote sensing data gathered and owned by the United Page 154 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60133 States Government, including unenhanced data gathered under the technology demonstration program carried out pursuant to section 60133 of this title, shall be made available to users in a timely fashion. (b) PROTECTION FOR COMMERCIAL DATA DIS- TRIBUTOR.—The President shall seek to ensure that unenhanced data gathered under the tech- nology demonstration program carried out pur- suant to section 60133 of this title shall, to the extent practicable, be made available on terms that would not adversely affect the commercial market for unenhanced data gathered by the Landsat 6 spacecraft. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3417.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60132 .......... 15 U.S.C. 5632. Pub. L. 102–555, title III, § 302, Oct. 28, 1992, 106 Stat. 4174. In subsection (b), the word ‘‘affect’’ is substituted for ‘‘effect’’ to correct an error in the law. § 60133. Technology demonstration program (a) ESTABLISHMENT.—As a fundamental compo- nent of a national land remote sensing strategy, the President shall establish, through appro- priate United States Government agencies, a technology demonstration program. The goals of the program shall be to— (1) seek to launch advanced land remote sensing system components within 5 years after October 28, 1992; (2) demonstrate within such 5-year period advanced sensor capabilities suitable for use in the anticipated land remote sensing pro- gram; and (3) demonstrate within such 5-year period an advanced land remote sensing system design that could be less expensive to procure and op- erate than the Landsat system projected to be in operation through the year 2000, and that therefore holds greater potential for private sector investment and control. (b) EXECUTION OF PROGRAM.—In executing the technology demonstration program, the Presi- dent shall seek to apply technologies associated with United States National Technical Means of intelligence gathering, to the extent that such technologies are appropriate for the technology demonstration and can be declassified for such purposes without causing adverse harm to United States national security interests. (c) BROAD APPLICATION.—To the greatest ex- tent practicable, the technology demonstration program established under subsection (a) shall be designed to be responsive to the broad civil- ian, national security, commercial, and foreign policy needs of the United States. (d) PRIVATE SECTOR FUNDING.—The technology demonstration program under this section may be carried out in part with private sector fund- ing. (e) LANDSAT PROGRAM MANAGEMENT COORDINA- TION.—The Landsat Program Management shall have a coordinating role in the technology dem- onstration program carried out under this sec- tion. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3418.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60133 .......... 15 U.S.C. 5633(a)–(e). Pub. L. 102–555, title III, § 303(a)–(e), Oct. 28, 1992, 106 Stat. 4174. In subsection (a)(1), the date ‘‘October 28, 1992’’ is substituted for ‘‘the date of the enactment 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). At the end of paragraph (1), a semicolon is sub- stituted for the period to correct an error in the law. § 60134. Preference for private sector land re- mote sensing system (a) IN GENERAL.—If a successor land remote sensing system to Landsat 7 can be funded and managed by the private sector while still achieving the goals stated in subsection (b) without jeopardizing the domestic, national se- curity, and foreign policy interests of the United States, preference should be given to the devel- opment of such a system by the private sector without competition from the United States Government. (b) GOALS.—The goals referred to in subsection (a) are— (1) to encourage the development, launch, and operation of a land remote sensing system that adequately serves the civilian, national security, commercial, and foreign policy inter- ests of the United States; (2) to encourage the development, launch, and operation of a land remote sensing system that maintains data continuity with the Landsat system; and (3) to incorporate system enhancements, in- cluding any such enhancements developed under the technology demonstration program under section 60133 of this title, which may po- tentially yield a system that is less expensive to build and operate, and more responsive to data users, than is the Landsat system other- wise projected to be in operation in the future. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3418.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60134(a) ...... 15 U.S.C. 5641(c). Pub. L. 102–555, title IV, § 401(b), (c), Oct. 28, 1992, 106 Stat. 4176. 60134(b) ...... 15 U.S.C. 5641(b). In subsection (b), in the matter before paragraph (1), the words ‘‘In carrying out subsection (a), the Landsat Program Management shall consider the ability of each of the options to’’ are omitted as obsolete. The omitted words refer to section 401(a) of the Land Remote Sens- ing Policy Act of 1992 (15 U.S.C. 5641(a)), which re- quired, within 5 years after October 28, 1992, the Landsat Program Management, in consultation with representatives of appropriate United States Govern- ment agencies, to assess and report to Congress on op- tions for a successor land remote sensing system to Landsat 7. In subsection (b)(3), the words ‘‘otherwise projected to be in operation in the future’’ are substituted for ‘‘projected to be in operation through the year 2000’’ to eliminate obsolete language.