106 
(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 sub-
chapter any unenhanced data required to be provided by the licensee 
under section 60122(b)(3) of this title. 
(2) PRELIMINARY DETERMINATION.—The Secretary shall make a 
designation under paragraph (1) after determining that— 
(A) such data are generated by a system for which all or a sub-
stantial part of the development, fabrication, launch, or operations 
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 li-
censee and the importance of promoting widespread access to re-
mote sensing data from United States and foreign systems. 
(3) CONSISTENCY WITH CONTRACT OR OTHER ARRANGEMENT.—A 
designation made by the Secretary under paragraph (1) shall not be 
inconsistent with any contract or other arrangement entered into be-
tween 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 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 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 disposi-
tion of any satellites in space in a manner satisfactory to the President; 
VerDate Nov 24 2008 
00:37 Nov 03, 2009
Jkt 089200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6221
E:\BILLS\H3237.RH
H3237
jbell on DSKDVH8Z91PROD with BILLS
107 
(5) furnish the Secretary with complete orbit and data collection 
characteristics of the system, 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 CON-
TRACTOR.—In addition to the requirements of subsection (b), any license 
issued pursuant to this subchapter to the Landsat 6 contractor 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 determination 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 operations on an immediate basis, if the Sec-
retary determines that the licensee has substantially failed to comply 
with any provisions of this chapter, with any terms, conditions, or re-
strictions of such license, or with any international obligations or na-
tional security concerns of the United States; 
(3) provide penalties for noncompliance with the requirements of li-
censes or regulations issued under this subchapter, including civil pen-
alties not to exceed $10,000 (each day of operation in violation of such 
licenses or regulations constituting 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 con-
ducting 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 regula-
tion issued thereunder; and 
VerDate Nov 24 2008 
00:37 Nov 03, 2009
Jkt 089200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6221
E:\BILLS\H3237.RH
H3237
jbell on DSKDVH8Z91PROD with BILLS
108 
(7) make investigations and inquiries and administer to or take from 
any person an oath, affirmation, or affidavit concerning any matter re-
lating 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 Sec-
retary on the record after an opportunity for any agency hearing with re-
spect 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 sat-
ellite 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 utili-
zation, including a reasonable and proportionate share of fixed, plat-
form, data transmission, and launch costs; and 
(2) such utilization would not interfere with or otherwise compromise 
intended civilian Government missions, as determined by the agency re-
sponsible for such civilian platform. 
(b) ASSISTANCE.—The Secretary may offer assistance to private sector 
parties in finding appropriate 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 agreements are consistent with such agency’s mis-
sion and statutory authority, and if such remote sensing space system is li-
censed by the Secretary 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 af-
fect the authority of the Federal Communications Commission pursuant to 
the Communications Act of 1934 (47 U.S.C. 151 et seq.). 
VerDate Nov 24 2008 
00:37 Nov 03, 2009
Jkt 089200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6221
E:\BILLS\H3237.RH
H3237
jbell on DSKDVH8Z91PROD with BILLS
109 
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 ENCOURAGED.— 
The Administrator is authorized and encouraged to— 
(A) conduct experimental space remote sensing programs (in-
cluding applications demonstration programs and basic research at 
universities); 
(B) develop remote sensing technologies and techniques, includ-
ing 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 pri-
vate research entities (including private industry, universities, non- 
profit organizations, State and local governments, foreign govern-
ments, and international organizations) and to enter into arrange-
ments (including joint ventures) which will foster such coopera-
tion. 
(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 au-
thorized and encouraged to conduct programs of research and develop-
ment in the applications of remote sensing using funds appropriated 
for such purposes. 
(2) ACTIVITIES THAT MAY BE INCLUDED.—Such programs may in-
clude basic research at universities, demonstrations of applications, and 
cooperative activities involving other Government agencies, private sec-
tor parties, and foreign and international organizations. 
(c) ROLE OF OTHER FEDERAL AGENCIES.—Other United States Govern-
ment agencies are authorized and encouraged to conduct research and devel-
opment 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 gathered 
and owned by the United States Government, including unenhanced data 
VerDate Nov 24 2008 
00:37 Nov 03, 2009
Jkt 089200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6221
E:\BILLS\H3237.RH
H3237
jbell on DSKDVH8Z91PROD with BILLS