Title 51National and Commercial Space ProgramsRelease 119-73

§60121 General licensing authority

Title 51 › Subtitle Subtitle VI— - Earth Observations › Chapter CHAPTER 601— - LAND REMOTE SENSING POLICY › Subchapter SUBCHAPTER III— - LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS › § 60121

Last updated Apr 6, 2026|Official source

Summary

The Secretary can give private companies permission to run remote sensing space systems after talking with other U.S. agencies. If a satellite is used for other things too, the Secretary’s power only covers the remote sensing part. No license will be issued unless the Secretary writes that the applicant will follow the law, the rules, and any international or national security requirements. The Secretary must publish a clear list in the Federal Register of everything needed for a complete application. An application is complete if it includes the items on the list that was current when it was first sent. If the Secretary does not tell the applicant within 30 days what is missing, the Secretary may not reject the application for lack of that information. The Secretary must decide on an application within 120 days or tell the applicant what issues remain and how to fix them. The Secretary cannot deny a license just to protect an existing company from competition. The Secretary will also state in the license which raw (unenhanced) data the licensee must provide. The Secretary will do this after consulting other agencies and only if the data come from a system largely paid for by the U.S. Government, or if it’s in the U.S. interest after weighing the impact on the company and the goal of wide access to remote sensing data. Any such requirement must not conflict with an existing contract between the government and the licensee.

Full Legal Text

Title 51, §60121

National and Commercial Space Programs — Source: USLM XML via OLRC

(a)(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)(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 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)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)The Secretary shall not deny such license in order to protect any existing licensee from competition.
(e)(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 60122(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 60122(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 6012115 U.S.C. 5621.Pub. L. 102–555, title II, § 201, Oct. 28, 1992, 106 Stat. 4171; Pub. L. 105–303, title I, § 107(f)(1), Oct. 28, 1998, 112 Stat. 2854. In subsection (b)(2), the words “within 6 months after the date of the enactment of the Commercial Space Act of 1998” are omitted as obsolete.

Statutory Notes and Related Subsidiaries

Prohibition on Collection and Release of Detailed Satellite Imagery Relating to Israel Pub. L. 104–201, div. A, title X, § 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.”

Reference

Citations & Metadata

Citation

51 U.S.C. § 60121

Title 51National and Commercial Space Programs

Last Updated

Apr 6, 2026

Release point: 119-73