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 
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(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.). 
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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 
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gathered under the technology demonstration program 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 President 
shall seek to ensure that unenhanced data gathered under the technology 
demonstration program carried out pursuant to section 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 demonstration 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 capabili-
ties 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 oper-
ate than the Landsat system projected to be in operation through the 
year 2000, and that therefore holds greater potential for private sector 
investment and control. 
(b) EXECUTION OF PROGRAM.—In executing the technology demonstra-
tion program, the President shall seek to apply technologies associated with 
United States National Technical Means of intelligence gathering, to the ex-
tent that such technologies are appropriate 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 tech-
nology demonstration program established under subsection (a) shall be de-
signed 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 dem-
onstration program carried out under this section. 
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