Page:United States Statutes at Large Volume 106 Part 5.djvu/533

 PUBLIC LAW 102-555—OCT. 28, 1992 106 STAT. 4171 (2) provides justification for any elements of the Landsat 7 data policy which are not consistent with the provisions of subsection (a). TITLE II—UCENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS SEC. aOl. GENERAL UCENSING AUTHOBTIT. 15 USC 5621. (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.— N O 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 tMs title any unenhanced data required to be provided by the licensee under section 202(b)(3). (2) The Secretsury 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, lavuich, 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 dataftt>mUnited 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.

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