§ 5621. — General licensing authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5621]
TITLE 15--COMMERCE AND TRADE
CHAPTER 82--LAND REMOTE SENSING POLICY
SUBCHAPTER II--LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS
Sec. 5621. 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
subchapter.
(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
subchapter shall be limited only to the remote sensing operations of
such space system.
(b) Compliance with law, regulations, international obligations, and
national security
(1) No license shall be granted by the Secretary unless the
Secretary determines in writing that the applicant will comply with the
requirements of this chapter, any regulations issued pursuant to this
chapter, and any applicable international obligations and national
security concerns of the United States.
(2) The Secretary, within 6 months after October 28, 1998, shall
publish in the Federal Register a complete and specific list of all
information required to comprise a complete application for a license
under this subchapter. An application shall be considered complete when
the applicant has provided all information required by the list most
recently published in the Federal Register before the date the
application was first submitted. Unless the Secretary has, within 30
days after receipt of an application, notified the applicant of
information necessary to complete an application, the Secretary may not
deny the application on the basis of the absence of any such
information.
(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 subchapter any unenhanced
data required to be provided by the licensee under section 5622(b)(3) of
this title.
(2) 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
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
5622(b)(3) of this title, 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.
(Pub. L. 102-555, title II, Sec. 201, Oct. 28, 1992, 106 Stat. 4171;
Pub. L. 105-303, title I, Sec. 107(f)(1), Oct. 28, 1998, 112 Stat.
2854.)
Amendments
1998--Subsec. (b). Pub. L. 105-303 designated existing provisions as
par. (1) and added par. (2).
Prohibition on Collection and Release of Detailed Satellite Imagery
Relating to Israel
Pub. L. 104-201, div. A, title X, Sec. 1064, Sept. 23, 1996, 110
Stat. 2653, provided that:
``(a) Collection and Dissemination.--A department or agency of the
United States may issue a license for the collection or dissemination by
a non-Federal entity of satellite imagery with respect to Israel only if
such imagery is no more detailed or precise than satellite imagery of
Israel that is available from commercial sources.
``(b) Declassification and Release.--A department or agency of the
United States may declassify or otherwise release satellite imagery with
respect to Israel only if such imagery is no more detailed or precise
than satellite imagery of Israel that is available from commercial
sources.''
Section Referred to in Other Sections
This section is referred to in section 5622 of this title.
