H. R. 3237—88 
entered into between a United States Government agency and 
the licensee. 
§ 60122. Conditions for operation 
(a) LICENSE REQUIRED FOR OPERATION.—No person 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 requirements 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 inter-
national obligations 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 concerning the territory under the jurisdiction of 
such government as soon as such data are available and on 
reasonable terms and conditions; 
(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 President; 
(5) furnish the Secretary with complete orbit and data collec-
tion characteristics of the system, and inform the Secretary 
immediately of any deviation; and 
(6) notify the Secretary of any significant or substantial agree-
ment the licensee intends to enter with a foreign nation, entity, 
or consortium involving foreign nations or entities. 
(c) ADDITIONAL LICENSING REQUIREMENTS FOR LANDSAT 6 CON-
TRACTOR.—In addition to the requirements of subsection (b), any 
license issued pursuant to this subchapter to the Landsat 6 con-
tractor shall specify that the Landsat 6 contractor shall— 
(1) notify the Secretary of any value added activities (as 
defined by the Secretary by regulation) 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 compliance with section 60141 of this title. 
§ 60123. Administrative authority of Secretary 
(a) FUNCTIONS.—In order to carry out the responsibilities specified 
in this subchapter, the Secretary may— 
(1) grant, condition, or transfer licenses under this chapter; 
(2) seek an order of injunction or similar judicial determina-
tion from a district court of the United States with personal 
jurisdiction over the licensee to terminate, modify, or suspend 
licenses under this subchapter and to terminate licensed oper-
ations on an immediate basis, if the Secretary determines that 
the licensee has substantially failed to comply with any provi-
sions 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;
H. R. 3237—89 
(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 
operation in violation of such licenses or regulations consti-
tuting a separate violation); 
(4) compromise, modify, or remit any such civil penalty; 
(5) issue subpoenas for any materials, documents, or records, 
or for the attendance and testimony of witnesses for the purpose 
of conducting a hearing under this section; 
(6) seize any object, record, or report pursuant 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 administer to or 
take from any person an oath, affirmation, or affidavit con-
cerning any matter relating to the enforcement of this chapter. 
(b) REVIEW OF AGENCY ACTION.—Any applicant or licensee that 
makes a timely request for review of an adverse action pursuant 
to paragraph (1), (3), (5), or (6) of subsection (a) shall be entitled 
to adjudication by the Secretary on the record after an opportunity 
for any agency hearing with respect to such adverse action. Any 
final action by the Secretary under this subsection shall be subject 
to judicial review under chapter 7 of title 5. 
§ 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 
comment in accordance with the provisions of section 553 of title 
5. 
§ 60125. Agency activities 
(a) LICENSE APPLICATION AND ISSUANCE.—A private sector party 
may apply for a license to operate a private remote sensing space 
system which utilizes, on a space-available basis, a civilian United 
States Government satellite or vehicle as a platform for such 
system. The Secretary, 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 related costs incurred with respect 
to such utilization, including a reasonable and proportionate 
share of fixed, platform, data transmission, and launch costs; 
and 
(2) such utilization would not interfere with or otherwise 
compromise intended civilian Government missions, as deter-
mined by the agency responsible for such civilian platform. 
(b) ASSISTANCE.—The Secretary may offer assistance to private 
sector parties in finding appropriate opportunities for such utiliza-
tion. 
(c) AGREEMENTS.—To the extent provided in advance by appro-
priation Acts, any United States Government agency may enter 
into agreements for such utilization if such agreements are con-
sistent with such agency’s mission and statutory authority, and 
if such remote sensing space system is licensed by the Secretary 
before commencing operation.
H. R. 3237—90 
(d) APPLICABILITY.—This section does not apply to activities car-
ried out under subchapter IV. 
(e) EFFECT ON FCC AUTHORITY.—Nothing in this subchapter shall 
affect the authority of the Federal Communications Commission 
pursuant to the Communications Act of 1934 (47 U.S.C. 151 et 
seq.). 
SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND 
DEMONSTRATION 
§ 60131. Continued Federal research and development 
(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 research and development. 
(2) ADMINISTRATION
ACTIVITIES
AUTHORIZED
AND
ENCOUR-
AGED.—The Administrator is authorized 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 coopera-
tion with other United States Government agencies and 
with public and private research entities (including private 
industry, universities, non-profit organizations, State and 
local governments, foreign governments, and international 
organizations) and to enter into arrangements (including 
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 
resources, 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 purposes. 
(2) ACTIVITIES THAT MAY BE INCLUDED.—Such programs may 
include basic research at universities, demonstrations of 
applications, and cooperative activities involving other Govern-
ment agencies, private sector parties, and foreign and inter-
national organizations. 
(c) ROLE OF OTHER FEDERAL AGENCIES.—Other United States 
Government agencies are authorized and encouraged to conduct 
research and development on the use of remote sensing in the 
fulfillment of their authorized missions, using funds appropriated 
for such purposes. 
§ 60132. Availability of federally gathered unenhanced data 
(a) IN GENERAL.—All unenhanced land remote sensing data gath-
ered and owned by the United States Government, including 
unenhanced data gathered under the technology demonstration pro-
gram carried out pursuant to section 60133 of this title, shall 
be made available to users in a timely fashion. 
(b) PROTECTION FOR COMMERCIAL DATA DISTRIBUTOR.—The Presi-
dent shall seek to ensure that unenhanced data gathered under
H. R. 3237—91 
the technology demonstration program carried out pursuant to sec-
tion 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. 
§ 60133. Technology demonstration program 
(a) ESTABLISHMENT.—As a fundamental component of a national 
land remote sensing strategy, the President shall establish, through 
appropriate United States Government agencies, a technology dem-
onstration 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 program; and 
(3) demonstrate within such 5-year period an advanced land 
remote sensing system design that could be less expensive 
to procure and operate than the Landsat system projected 
to be in operation through the year 2000, and that therefore 
holds greater potential for private sector investment and con-
trol. 
(b) EXECUTION OF PROGRAM.—In executing the technology dem-
onstration program, the President shall seek to apply technologies 
associated with United States National Technical Means of intel-
ligence gathering, to the extent that such technologies are appro-
priate 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 extent practicable, the 
technology demonstration program established under subsection (a) 
shall be designed to be responsive to the broad civilian, 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 funding. 
(e) 
LANDSAT
PROGRAM
MANAGEMENT
COORDINATION.—The 
Landsat Program Management shall have a coordinating role in 
the technology demonstration program carried out under this sec-
tion. 
§ 60134. Preference for private sector land remote 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 security, and foreign policy interests of the 
United States, preference should be given to the development 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 
interests 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