51 U.S.C. § 60125 — Agency activities

Page 152 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60123 quirements of subsection (b), any license issued pursuant to this subchapter to the Landsat 6 contractor shall specify that the Landsat 6 con- tractor shall— (1) notify the Secretary of any value added activities (as defined by the Secretary by reg- ulation) that will be conducted by the Landsat 6 contractor or by a subsidiary or affiliate; and (2) if such activities are to be conducted, provide the Secretary with a plan for compli- ance with section 60141 of this title. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3415.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60122 .......... 15 U.S.C. 5622. Pub. L. 102–555, title II, § 202, Oct. 28, 1992, 106 Stat. 4172; Pub. L. 105–303, title I, § 107(f)(2), Oct. 28, 1998, 112 Stat. 2854. In subsection (c), in the matter before paragraph (1), the words ‘‘subsection (b)’’ are substituted for ‘‘para- graph (b)’’ to correct an error in the law. § 60123. Administrative authority of Secretary (a) FUNCTIONS.—In order to carry out the re- sponsibilities specified in this subchapter, the Secretary may— (1) grant, condition, or transfer licenses under this chapter; (2) seek an order of injunction or similar ju- dicial determination from a district court of the United States with personal jurisdiction over the licensee to terminate, modify, or sus- pend licenses under this subchapter and to ter- minate licensed operations on an immediate basis, if the Secretary determines that the li- censee has substantially failed to comply with any provisions of this chapter, with any terms, conditions, or restrictions of such license, or with any international obligations or national security concerns of the United States; (3) provide penalties for noncompliance with the requirements of licenses or regulations issued under this subchapter, including civil penalties not to exceed $10,000 (each day of op- eration in violation of such licenses or regula- tions constituting a separate violation); (4) compromise, modify, or remit any such civil penalty; (5) issue subpoenas for any materials, docu- ments, or records, or for the attendance and testimony of witnesses for the purpose of con- ducting a hearing under this section; (6) seize any object, record, or report pursu- ant to a warrant from a magistrate based on a showing of probable cause to believe that such object, record, or report was used, is being used, or is likely to be used in violation of this chapter or the requirements of a license or regulation issued thereunder; and (7) make investigations and inquiries and ad- minister to or take from any person an oath, affirmation, or affidavit concerning any mat- ter relating to the enforcement of this chap- ter. (b) REVIEW OF AGENCY ACTION.—Any applicant or licensee that makes a timely request for re- view of an adverse action pursuant to paragraph (1), (3), (5), or (6) of subsection (a) shall be enti- tled to adjudication by the Secretary on the record after an opportunity for any agency hear- ing with respect to such adverse action. Any final action by the Secretary under this sub- section shall be subject to judicial review under chapter 7 of title 5. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3415.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60123 .......... 15 U.S.C. 5623. Pub. L. 102–555, title II, § 203, Oct. 28, 1992, 106 Stat. 4172. In subsection (a), at the end of paragraph (2), a semi- colon is substituted for the period to correct an error in the law. § 60124. Regulatory authority of Secretary The Secretary may issue regulations to carry out this subchapter. Such regulations shall be promulgated only after public notice and com- ment in accordance with the provisions of sec- tion 553 of title 5. (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) 60124 .......... 15 U.S.C. 5624. Pub. L. 102–555, title II, § 204, Oct. 28, 1992, 106 Stat. 4173. § 60125. Agency activities (a) LICENSE APPLICATION AND ISSUANCE.—A pri- vate sector party may apply for a license to op- erate a private remote sensing space system which utilizes, on a space-available basis, a ci- vilian United States Government satellite or ve- hicle as a platform for such system. The Sec- retary, pursuant to this subchapter, may license such system if it meets all conditions of this subchapter and— (1) the system operator agrees to reimburse the Government in a timely manner for all re- lated costs incurred with respect to such utili- zation, including a reasonable and propor- tionate share of fixed, platform, data trans- mission, and launch costs; and (2) such utilization would not interfere with or otherwise compromise intended civilian Government missions, as determined by the agency responsible for such civilian platform. (b) ASSISTANCE.—The Secretary may offer as- sistance to private sector parties in finding ap- propriate opportunities for such utilization. (c) AGREEMENTS.—To the extent provided in advance by appropriation Acts, any United States Government agency may enter into agreements for such utilization if such agree- ments are consistent with such agency’s mission and statutory authority, and if such remote sensing space system is licensed by the Sec- retary before commencing operation. (d) APPLICABILITY.—This section does not apply to activities carried out under subchapter IV. (e) EFFECT ON FCC AUTHORITY.—Nothing in this subchapter shall affect the authority of the 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