51 U.S.C. § 60121 — General licensing authority

Page 150 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60112 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60111 .......... 15 U.S.C. 5611. Pub. L. 102–555, title I, § 101, Oct. 28, 1992, 106 Stat. 4166. In subsection (b), in the matter before paragraph (1), after the words ‘‘funding expectations for the Landsat’’, the word ‘‘program’’ is set out without being capitalized to correct an error in the law. In subsection (c)(6), the words ‘‘sections 102 and 103 of the Land Remote Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4168)’’ are substituted for ‘‘sec- tions 102 and 103’’ to clarify the reference. The ref- erence to sections 102 and 103 of the Land Remote Sens- ing Policy Act of 1992 is retained in text, notwith- standing the fact that sections 102 and 103 of the Act are repealed as obsolete, because oversight responsibil- ities may continue for contracts entered into under the now obsolete provisions. In subsection (e)(2), in the matter before subpara- graph (A), the word ‘‘biennially’’ is substituted for ‘‘Within 1 year after the date of the enactment of this Act and biennially thereafter,’’ to eliminate obsolete language. Editorial Notes REFERENCES IN TEXT The Global Change Research Act of 1990, referred to in subsec. (c)(4), is Pub. L. 101–606, Nov. 16, 1990, 104 Stat. 3096, which is classified generally to chapter 56A (§ 2921 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2921 of Title 15 and Tables. Sections 102 and 103 of the Land Remote Sensing Pol- icy Act of 1992, referred to in subsec. (c)(6), which were classified to sections 5612 and 5613, respectively, of Title 15, Commerce and Trade, were repealed by Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444, which Act en- acted this title. Statutory Notes and Related Subsidiaries DEVELOPMENT, PROCUREMENT, AND SUPPORT Pub. L. 102–484, div. A, title II, § 243, Oct. 23, 1992, 106 Stat. 2360, as amended by Pub. L. 103–35, title II, § 202(a)(3), May 31, 1993, 107 Stat. 101, provided that: ‘‘The Secretary of Defense is authorized to contract for the development and procurement of, and support for operations of, the Landsat vehicle designated as Landsat 7.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 102–396, title IX, § 9082A, Oct. 6, 1992, 106 Stat. 1920. § 60112. Transfer of Landsat 6 program respon- sibilities The responsibilities of the Secretary with re- spect to Landsat 6 shall be transferred to the Landsat Program Management, as agreed to be- tween the Secretary and the Landsat Program Management, pursuant to section 60111 of this title. (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) 60112 .......... 15 U.S.C. 5614. Pub. L. 102–555, title I, § 104, Oct. 28, 1992, 106 Stat. 4170. § 60113. Data policy for Landsat 7 (a) LANDSAT 7 DATA POLICY.—The Landsat Program Management, in consultation with other appropriate United States Government agencies, shall develop a data policy for Landsat 7 which should— (1) ensure that unenhanced data are avail- able to all users at the cost of fulfilling user requests; (2) ensure timely and dependable delivery of unenhanced data to the full spectrum of civil- ian, national security, commercial, and for- eign users and the National Satellite Land Re- mote Sensing Data Archive; (3) ensure that the United States retains ownership of all unenhanced data generated by Landsat 7; (4) support the development of the commer- cial market for remote sensing data; (5) ensure that the provision of commercial value-added services based on remote sensing data remains exclusively the function of the private sector; and (6) to the extent possible, ensure that the data distribution system for Landsat 7 is com- patible with the Earth Observing System Data and Information System. (b) ADDITIONAL DATA POLICY CONSIDER- ATIONS.—In addition, the data policy for Landsat 7 may provide for— (1) United States private sector entities to operate ground receiving stations in the United States for Landsat 7 data; (2) other means for direct access by private sector entities to unenhanced data from Landsat 7; and (3) the United States Government to charge a per image fee, license fee, or other such fee to entities operating ground receiving stations or distributing Landsat 7 data. (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) 60113 .......... 15 U.S.C. 5615(a), (b). Pub. L. 102–555, title I, § 105(a), (b), Oct. 28, 1992, 106 Stat. 4170. SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS § 60121. General licensing authority (a) LICENSING AUTHORITY OF SECRETARY.— (1) IN GENERAL.—In consultation with other appropriate United States Government agen- cies, the Secretary is authorized to license pri- vate sector parties to operate private remote sensing space systems for such period as the Secretary may specify and in accordance with the provisions of this subchapter. (2) LIMITATION WITH RESPECT TO SYSTEM USED FOR OTHER PURPOSES.—In the case of a private space system that is used for remote sensing and other purposes, the authority of the Sec- retary under this subchapter shall be limited only to the remote sensing operations of such space system. (b) COMPLIANCE WITH LAW, REGULATIONS, INTERNATIONAL OBLIGATIONS, AND NATIONAL SE- CURITY.— 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-