||LICENSING OF PRIVATE REMOTE SENSING
SEC. 201. GENERAL LICENSING AUTHORITY.
||LICENSING AUTHORITY OF SECRETARY.-
||In consultation with other appropriate United
States Government agencies, the Secretary is authorized to license
private 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 title.
||In the case of a private space system that is
used for remote sensing and other purposes, the authority of
the Secretary under this title shall be limited only to the
remote sensing operations of such space system.
||COMPLIANCE WITH THE LAW, REGULATIONS, INTERNATIONAL
OBLIGATIONS, AND NATIONAL SECURITY.-No license shall be granted by
the Secretary unless the Secretary determines in writing that the
applicant will comply with the requirements of this Act, any regulations
issued pursuant to this Act, and any applicable international obligations
and national security concerns of the United States.
||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 Secretary shall inform the applicant of any
pending issues and of actions required to resolve them.
||IMPROPER BASIS FOR DENIAL.-The Secretary shall not deny
such license in order to protect any existing licensee from competition.
||REQUIREMENT TO PROVIDE UNENHANCED 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 title
any unenhanced data required to be provided by the licensee
under section 202(b)(3).
||The Secretary shall make a designation
under paragraph (1) after determining that-
||such data re generated by a system for which
all or a substantial part of the development, fabrication,
launch, or operations costs have been or will be directly
funded by the United States Government; or
||it is in the interest of the
United States to require such data to be provided by the
licensee consistent with section 202(b)(3), after considering
the impact on the licensee and the importance of promoting
widespread access to remote sensing data from United States
and foreign systems.
||A designation made by the Secretary
under paragraph (1) shall not be inconsistent with any contract
or other arrangement entered into between a United States Government
agency and the licensee.
SEC. 202. CONDITIONS FOR OPERATION.
||LICENSE REQUIRED FOR OPERATION.-No person who 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 201.
||LICENSING REQUIREMENTS.-Any license issued
pursuant to this title shall specify that the licensee shall comply
with all of the requirements of this Act and shall-
||operate the system in such manner as to preserve
the national security of the United States and to observe the
international obligations of the United States in accordance
with section 506;
||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;
||make unenhanced data designated by
the Secretary in the license pursuant to section 201(e) available
in accordance with section 501;
||upon termination of operations under
the license, make disposition of any satellites in space in
a manner satisfactory to the President;
||furnish the Secretary with complete
orbit and data collection characteristics of the system, and
inform the Secretary immediately of any deviation; and
||notify the Secretary of any agreement
the licensee intends to enter with a foreign nation, entity,
or consortium involving foreign nations or entities.
||ADDITIONAL LICENSING REQUIREMENTS FOR LANDSAT
6 CONTRACTOR.-In addition to the requirements of paragraph (b), any
license issued pursuant to this title to the Landsat 6 contractor
shall specify that the Landsat 6 contractor shall-
||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;
||if such activities are to be conducted,
provide the Secretary with a plan for compliance with section
501 of this Act.
SEC. 203. ADMINISTRATIVE AUTHORITY OF THE SECRETARY.
||FUNCTIONS.-In order to carry out the responsibilities
specified in this title, the Secretary may-
||grant, condition, or transfer licenses under this
||seek an order of injunction or similar
judicial determination from a United States District Court with
personal jurisdiction over the licensee to terminate, modify,
or suspend licenses under this title and to terminate licensed
operations on an immediate basis, if the Secretary determines
that the licensee has substantially failed to comply with any
provisions of this Act, with any terms, conditions, or restrictions
of such license, or with any international obligations or national
security concerns of the United States.
||provide penalties for noncompliance
with the requirements of licenses or regulations issued under
this title, including civil penalties not to exceed $10,000
(each day of operation in violation of such licenses or regulations
constituting a separate violation);
||compromise, modify, or remit any such
||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
||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 Act or the requirements of a license or regulation issued
||make investigations and inquiries
and administer to or take from any person an oath, affirmation,
or affidavit concerning any matter relating to the enforcement
of this Act.
||REVIEW OF AGENCY ACTION.-Any applicant or
licensee who makes a timely request for review of an adverse action
pursuant to subsection (a)(1), (a)(3), (a)(5), or (a)(6) 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, United States Code.
SEC. 204. REGULATORY AUTHORITY OF THE SECRETARY.
The Secretary may issue regulations to carry out this title. Such regulations
shall be promulgated only after public notice and comment in accordance
with the provisions of section 553 of title 5, United States Code.
SEC. 205. AGENCY ACTIVITIES.
||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 title, may license such system if
it meets all conditions of this title and-
||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;
||such utilization would not interfere
with or otherwise compromise intended civilian Government missions,
as determined by the agency responsible for such civilian platform.
||ASSISTANCE.-The Secretary may offer assistance
to private sector parties in finding appropriate opportunities for
||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 mission and statutory authority, and if such remote
sensing space system is licensed by the Secretary before commencing
||APPLICABILITY.-This section does not apply
to activities carried out under title III.
||EFFECT ON FCC AUTHORITY.-Nothing in this
title shall affect the authority of the Federal Communications Commission
pursuant to the Communications Act of 1934 (47 U.S.C. 151 et seq.).