TITLE II LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS SEC. 201. GENERAL LICENSING AUTHORITY. (a) LICENSING AUTHORITY OF SECRETARY.- (1) 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. (2) 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. (b) 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. (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 Secretary shall inform the applicant of any pending issues and of actions required to resolve them. (d) IMPROPER BASIS FOR DENIAL.-The Secretary shall not deny such license in order to protect any existing licensee from competition. (e) REQUIREMENT TO PROVIDE UNENHANCED DATA.- (1) 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). (2) The Secretary shall make a designation under paragraph (1) after determining that- (A) 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 (B) 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. (3) 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. (a) 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. (b) 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- (1) 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; (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 201(e) available in accordance with section 501; (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 collection characteristics of the system, and inform the Secretary immediately of any deviation; and (6) notify the Secretary of any agreement the licensee intends to enter with a foreign nation, entity, or consortium involving foreign nations or entities. (c) 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- (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 501 of this Act. SEC. 203. ADMINISTRATIVE AUTHORITY OF THE SECRETARY. (a) FUNCTIONS.-In order to carry out the responsibilities specified in this title, the Secretary may- (1) grant, condition, or transfer licenses under this Act; (2) 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. (3) 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); (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 Act 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 concerning any matter relating to the enforcement of this Act. (b) 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. (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 title, may license such system if it meets all conditions of this title 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 determined 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 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 mission and statutory authority, and if such remote sensing space system is licensed by the Secretary before commencing operation. (d) APPLICABILITY.-This section does not apply to activities carried out under title III. (e) 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.).