51 U.S.C. § 60122 — Conditions for operation

Page 151 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60122 (1) IN GENERAL.—No license shall be granted by the Secretary unless the Secretary deter- mines in writing that the applicant will com- ply with the requirements of this chapter, any regulations issued pursuant to this chapter, and any applicable international obligations and national security concerns of the United States. (2) LIST OF REQUIREMENTS FOR COMPLETE AP- PLICATION.—The Secretary shall publish in the Federal Register a complete and specific list of all information required to comprise a com- plete application for a license under this sub- chapter. An application shall be considered complete when the applicant has provided all information required by the list most recently published in the Federal Register before the date the application was first submitted. Un- less the Secretary has, within 30 days after re- ceipt of an application, notified the applicant of information necessary to complete an appli- cation, the Secretary may not deny the appli- cation on the basis of the absence of any such information. (c) DEADLINE FOR ACTION ON APPLICATION.— The Secretary shall review any application and make a determination thereon within 120 days of the receipt of such application. If final action has not occurred within such time, the Sec- retary shall inform the applicant of any pending issues and of actions required to resolve them. (d) IMPROPER BASIS FOR DENIAL.—The Sec- retary shall not deny such license in order to protect any existing licensee from competition. (e) REQUIREMENT TO PROVIDE UNENHANCED DATA.— (1) DESIGNATION OF DATA.—The Secretary, in consultation with other appropriate United States Government agencies and pursuant to paragraph (2), shall designate in a license issued pursuant to this subchapter any unenhanced data required to be provided by the licensee under section 60122(b)(3) of this title. (2) PRELIMINARY DETERMINATION.—The Sec- retary shall make a designation under para- graph (1) after determining that— (A) such data are generated by a system for which all or a substantial part of the de- velopment, fabrication, launch, or oper- ations costs have been or will be directly funded by the United States Government; or (B) it is in the interest of the United States to require such data to be provided by the licensee consistent with section 60122(b)(3) of this title, after considering the impact on the licensee and the importance of promoting widespread access to remote sensing data from United States and foreign systems. (3) CONSISTENCY WITH CONTRACT OR OTHER AR- RANGEMENT.—A designation made by the Sec- retary under paragraph (1) shall not be incon- sistent with any contract or other arrange- ment entered into between a United States Government agency and the licensee. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3413.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60121 .......... 15 U.S.C. 5621. Pub. L. 102–555, title II, § 201, Oct. 28, 1992, 106 Stat. 4171; Pub. L. 105–303, title I, § 107(f)(1), Oct. 28, 1998, 112 Stat. 2854. In subsection (b)(2), the words ‘‘within 6 months after the date of the enactment of the Commercial Space Act of 1998’’ are omitted as obsolete. Statutory Notes and Related Subsidiaries PROHIBITION ON COLLECTION AND RELEASE OF DETAILED SATELLITE IMAGERY RELATING TO ISRAEL Pub. L. 104–201, div. A, title X, § 1064, Sept. 23, 1996, 110 Stat. 2653, provided that: ‘‘(a) COLLECTION AND DISSEMINATION.—A department or agency of the United States may issue a license for the collection or dissemination by a non-Federal entity of satellite imagery with respect to Israel only if such imagery is no more detailed or precise than satellite imagery of Israel that is available from commercial sources. ‘‘(b) DECLASSIFICATION AND RELEASE.—A department or agency of the United States may declassify or other- wise release satellite imagery with respect to Israel only if such imagery is no more detailed or precise than satellite imagery of Israel that is available from com- mercial sources.’’ § 60122. Conditions for operation (a) LICENSE REQUIRED FOR OPERATION.—No per- son that is subject to the jurisdiction or control of the United States may, directly or through any subsidiary or affiliate, operate any private remote sensing space system without a license pursuant to section 60121 of this title. (b) LICENSING REQUIREMENTS.—Any license issued pursuant to this subchapter shall specify that the licensee shall comply with all of the re- quirements of this chapter and shall— (1) operate the system in such manner as to preserve the national security of the United States and to observe the international obliga- tions of the United States in accordance with section 60146 of this title; (2) make available to the government of any country (including the United States) unenhanced data collected by the system con- cerning the territory under the jurisdiction of such government as soon as such data are available and on reasonable terms and condi- tions; (3) make unenhanced data designated by the Secretary in the license pursuant to section 60121(e) of this title available in accordance with section 60141 of this title; (4) upon termination of operations under the license, make disposition of any satellites in space in a manner satisfactory to the Presi- dent; (5) furnish the Secretary with complete orbit and data collection characteristics of the sys- tem, and inform the Secretary immediately of any deviation; and (6) notify the Secretary of any significant or substantial agreement the licensee intends to enter with a foreign nation, entity, or consor- tium involving foreign nations or entities. (c) ADDITIONAL LICENSING REQUIREMENTS FOR LANDSAT 6 CONTRACTOR.—In addition to the re- 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