H.R. 5155 REPORT NO. 98-458 AN ACT TO ESTABLISH A SYSTEM TO PROMOTE THE USE OF LAND REMOTE-SENSING SATELLITE DATA, AND FOR OTHER PURPOSES.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05T02051R000200260003-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 67
• Document Creation Date: December 22, 2016
• Document Release Date: August 5, 2011
• Sequence Number: 3
• Publication Date: April 10, 1984
• Content Type: REGULATION

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II
Calendar No. 891
98TH CONGRESS
2D SESSION
. R. 5155
[Report No. 98-458]
IN THE SENATE OF THE UNITED STATES
APRIL 10 (legislative day, MARCH 26), 1984
Received; read twice and referred to the Committee on Commerce, Science, and
Transportation
MAY 17 (legislative day, MAY 14), 1984
Reported by Mr. PACKWOOD, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
To establish a system to promote the use of land remote-sensing
satellite data, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
3 P*t thii Aet ffmy be eited a7S he "Land Remote Se C~:
4 Ceffffner-eialization Aet of 1984".
5 TITL OF ,
6 , AND PAS
7 its
8 SEe: 4-04-. The Cow ?n& and deelar-es that
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1 (44 the eentifmous eivgim collection and ttiliza
2 fi of ' ag dfttft from space is of
3 benefit in managing the Eafth's nattffa4 r eseerees and
4 in plaftniag of conducting Hwffiy efi awes of eee-
5 eee}ie importance;
6 (4) the national interest of the United States lies
7 in maintaining international leadership in ei it remete
8 ~g and in y p tetieg the beneficial nee of
9
10 (8) land r-emete sensing by the Govefame of pr-i-
11 mate parties of the Unite d des affects intemation
12 a itments and policies and national seem eon
13 eefas of the Unite States;
14 (4) the broadest and most beneficial ese of land
15 r-emete sensing data is likely to result from maifiWnifig
16 a policy of nendisefiminater-y aeeess to data;
17 (b; use of land remotesensing d*ta has been in-
18 hibited by slow marked de-velopme and by the leek of
19 assurance of data
20 (6) the private seeter, and in particular the
21 "va'? added" Wiry, is hest suited to develop land
22 data markets;
23 (?4 vigor-outs, eempetitive,- market dfii-en private
24 sector involvement in lax eae lead to
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1 rapid realization of the potential benefits of that teeh-
2 nelegy;
3 ($4 to utilize ?tt the strengths of the private
4 seater; any process of eewmmer-eializatie of land
5 involve the maxims praetiea
6 hie competition artd the ffliniffffiffl (both in duration axd
7 aetettttt)
8 (0) at the present time, it ie unclear that the pri-
9 vate seater alone wiI4 develop a total lan4 M ate
sens-
to ittg syste beeattse of the high risk at*d large eapital
11 expenditures ~;
12 49; cooperation between the Fedem! Government
13 effd the private seater eant help assure both data eenti
14 nuity and kited States
15 (44) the time ie new appropriate to initiate such
16 eeopefft with phased transition to a htl eetrtmer
17 eial system;
18 44 cooperation between Government and the
19 private seater in eil land rent sensing sheu4d he
20 structured se ae to minimise direction and
21 regulation and max4ftize private seater involvement;
22 ( rtheles eertain Gover-fiffi ~t ever-sight
23 must he fnitintaifted to assure that private seater aetivi
24 ties are in the national interest and that the interna
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1
tienal eeffffnitme
aad policies of the Unite
States
2
are honored; aad
3
44) there is no compelling reason to ee
eial
4
ise
satellites at this tip
5
pf~HPOSBS
6
4$2
1t is therefor
th
f thi
A
t
.
e
e purpose o
s
e
-
7
(44 to guide the United States Govemme in pre-
8
meting ?t&, prempt, and proper ifivelveffie of the -
9
vate seater in eii Imd r-emete sensing from spaee;
10
(3} to maintain the United mates leading position
11
i n ei
, preserve its national seen
y,
12
and fulfill its '
;
13
(3; to prescribe conditions ?er asso
continuity
14
of ei land
data while protecting
15
public and private nendisefiminate
aeeess to these
16
data;
17
(4) to minimise the duration and amount of any
18
further Federal investment that might he necessary to
19
achieve f44 eemmer-eializatieft of ei
la*d remote
20
sensing; and
21
(6) to prohibit eemmer-eWizatieft of
22
satellites at this time.
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1
2 mac. 408, (a) Jt 9haR be the pokey of the Uited States
3 to preserve its right to a@qH4e and disseminat-e digital
4 data
5 (b}14 e be the policy of the United States that eiQ-
6 iatt digital r-emete sensing data be made available to eA po-
7 tential users on a neadisefiminatefy basis.
8 (e) Tt shall be the poliey of the United States both to
9 eemmer-eial these epaee ?unetiees that
10 properly 1ertd thefaselves to private sector opt aRd to
11 avoid competition by the Govef:nfne with ettelt
12 oper-atiefts, a continuing to preserve ettr national seetrri-
13 t to honer ettr ' , attd to retain in the
14 Govefnffle these ?unetions that are essen
15 fi ve?op eservieeftatufe.
16
17 SBe-. 404, Fer purposes of this
18 (4) The term "digital data" means
19 the ttapreeessed aed minimally preeessed sus eel-
20 leeted from ei it meteseeing spaee systems of erigi
21 rtal film products eelleeted from such system: Srtteh
22 minimal processing shall be limited to metifieatiofl of
23 with respect to
24 features on the Eater, and calibration of spectral re-
25 spews. Such term does tiet ineltt& eefielttsiens-; manip
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1 t4ations, o derived from such signals of
2 combination of the sigmas 4hff data of k4efffift
3 Lion. mess ethe e
4 data ifteltides land and ocean sensed data.
5 (12) The tie " " reeves the ms of
6 fry .
7 (343 he teems 0, fiefidisefiffliflatefy basis"
8 means Without Vie, bias, of any o4Vt er speeial
9 rig deliver feftmat, ?ifisneing, of
10 technical eensider-ati wink w6til favor one buyer
11 or Blass of buyers over m ether,
12 () The sale of data ie made on $ nofidisefimina
13 teff basis ee if (i) my Offer to el4 of deliver- data ie
14 published i t advance in stteh manner as will ensure
15 that the offer ie equally available to all pfespeetiwe
16 buyers; (i } the System operator lras net established of
17 ehanged any pfiee, pokey, pr-eeedwe, of other term of
18 eendition in a manner which gives one buyer of Blass
19 of buyer de facto ?avored assess to data; and (iii in a
20 ease where a syste t operator offers volume diseouffts,
21 e teh diseetrnts are ee greater than the
22 redtuetiees i t the eest of a teh sales. The sale of data
23 on a eeediseriminatery basis does net preclude the
24 system operator offering diseeeets ether than voittme
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1 diseouets to the extent Omt such discounts are set i-
2 consistent with any ether provision of this paragraph.
3 () The sale of data off a nondiscriminatory basis
4 does not refire (i) that a syste operator diselese
5 names of buyers of thc4 purchases; i that a Syste
6 operator fflaintain alb of auy part eular subset a data
7 in a working inventory of (i44 that a syste operator
8 expend equal effort in developing all segments of a
9 market.
10 (4) The termer systetn" means Landsat 4
11 2 4 and and related ground eqttipfflent, systems,
12 and ?aeilities, and any sueeesser- eivil land ~ ate
sens-
13 ing satellites operated by the United States Govern
14 t prier to the eeffhmeneement of the six year period
15 described in 802(b)(2).
16 (5) The term stem operator" means a eeotrae
17 ter under- title II of a license holder ender title
18 TITLE 14 CONTRACT FOR LAND
19YSTEM
20 ee
21 mac} 404, (a4 In accordance the of
22 this A the Secretary shall subject to the availability of
23 moss there?er, contract with a United States private
24 seater party as defined by the Seeretary) to market digital
25 ' data generated by the Landsat system. If the r-emete
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1 Secretary deter O*at competition for such ee aet will
2 promote the policies and purposes of fl t6 the Spy
3 ffmy aeeept proposals for such ee act whieh itteitt& the ep-
4 oration by such wed des ate sector y of (44 the
5 space component of the (2 the mlate
6 ground equipffiefit, systefns, and ?aeilities, of (8) both such
7 spaeeeempeftentandsuchr-elate equipment, systems, and
8 ?ae ies.
9 (b) A contract awafded under subsection (a shall be
10 awafded, after eempetition-, i t aeeerdaeee h the eenditions
11 of section Swh eenthe r-eawffded eempeti
12 fively after the practical demise of the space seg-ffient of the
13 Landsat stem, as deter by the Seer-eta-r-y.
14 (e; Ai+y contract auther-ize by subseetion W-
15 (4) shall net permit the transfer- to any contractor
16 of title to any #aft of all of the Lmdsat system; a
17 (-2) ffffiy specify that the contractor ese; and, at
18 his own expense, fir, repair, or modify elements
19 of the Landsat system as the contractor fins necessary
20 for commercial aper-stiefis.-
21 (d) If-, as a result of the eempetitive process requred by
22 subsection (&)-, the Secretary receives no proposal which he
23 ? s acceptable der the ems of the the Seem
24 tart' shall se certify and fully report his findings to the bee-
25 gress. Thirty nays after se cog a FeVer-ting, the See-
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1 rotary roay reopen the eempetition-. -? rte acceptable prepes
2 ale are renewed after such subsequent , of if the
3 Secretary decides net to reopen the eemgetitiee, the Seere
4 tam shall se certify ae4 fully report hie findings to the Con-
5 gross. I* the event that ee meeptable proposal is received,
6 the Sew shall continue to operate the Leadsat Systeffi
7 ato met d*ta from such system.
8 (~} 1* defining "Unite States private sector party" ler
9 purposes of subseetion (a) the Secretary ffffiy take into ae-
10 count the eitizenship of key location of assets, for-
11 eigff eeetrei, and i4ttenee, a ether such
12 ?aetors.
13 $ALE9F DATA
14 Sao- W The United States Government shall
15 retain title to ary a *4 all data generated by the Laetlsat
16 system Hoer, alter the date of the eemmeneement of the
17 contract described in seetiee 201(a), the contractor shad be
18 entitled to revenues from sales of eepies of data from the
19 Laedsat system, subject to the conditions speei?ied in sections
20 69 aid 60 of thie
21 The contractor fliay continue to fn&fket data previ-
22 ously generated by the La sat system after the demise of
23 the space segment of that system.
HR 5155 RS--2
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1 8E)NDITIO O OF 6OMPETHP POD AeT
2 fie: X03. (a3 The Seef-etafy of Commeme shall as p"t
3 of hie ?ei the eempetition ?ef the eentraet atr
4 thef-ized by seetieo 204-, identify and publish the intemMien
5 obliga tied national see y eeoeerxs (with appropriate pfe-
6 teetion of sensitive , domestie legal eensidei-
7 atie and any e#~ temdai-ds or eenditiees whisk a mate
8 see aetor shall be mqt~fe to meet.
9 (b) I* Selee g a eentraetor ewer- this title, the Seem
10 ta* shall eoosider
11 44 ability to fn"ket digital ete-
12 sensing data;
13 (2) the best overall financial to the Govern
14 sort, iiielug the potential sa ge to the Govern
15 txext;
16 (8 ability to meet the ebligatiene,- eeneems;
17 standarc and eenditions identified trader subseetion
18
19 (4) teehnieal fie, ineludirtg the ably to
20 asatrre continuity and timeliness of data from the Land
21 sat System;
22 (5) abseoee of any een?liets of interest which sound
23 inhibit fiendisefiminater-y assess to otreh data;
24 (6) ability to effect a smooth tr-ansitieft with the
25 contractor seieete tinier title 1 of this A-et; and
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1 (4 7sueh other ?aotors as he deems .
2 FE)BEIGN GROG STATIONS
3 S (Q The contract under this title sha11 provide
4 that the contractor shall ant as the agent of the Secretary by
5 continuing to supply digital data to foreign
6 ground stations ?er the li?e and according to their terx of
7 these agreements between the United des Govemme
8 and sueh foreign grennd stations that afe in force en the date
9 of the eemmeneement of the eentraet.
10 b) Upon the expiration of sneh agg emdnt , or in the
11 ease o?1el-eign ground stations that have ee agreeffient with
12 the United states on the date of of the eee-
13 tract; the contract shall provide -
14 (4} that digital data from the
15 Landsat system sha be ewe affable to foreign
16 ground stations only by the eentraetor; and
17 (2} that etueh d to shall he made available on a
18 non basis.
19 O DATA CONTP44T-Y
20 DUA4NG TFIANKWO-N OD
21 Pf~HPOSRS AND BEFIN119PIE)"
22 ,301.(Q It is the purpose of this title
23 (4} to provide, in an orderly manner and with
24 minimal risk, for a transition between Gevemme ep-
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1 pfi~vate, operation of ei?41 land
2 epaee fie; and
3 (1} to provide fef the continuity of MSS data?ei
4 sip years after the practical use of the spaee seg-
5 rt of the Landsat System.
6 (b) Fff pe eses of this fiitle
7 (4) the Spee# Seamier-" means the
8 i re?ere to by timt Raffle and earried on the
9 Landsat 4 and Landsat 4 sat es; and
10 () the " means digiW r-emete tefm "MSS 1sensing data which, from the point of Vww of a data
12 user, are
13 (} fiffietionally eel to data from the
14 Multi Spee
15 (9) eempafible data and equipment
16 used to receive and proses data from eueh
17 Scanner.
18 eONTR*egp Peff DATA
19 > 302-. (a) eetto the a-VaRability of
20 Liens fiherefer and to the Hennaing eenditions
established-
21 under # e Pi-, the Secretary s after eewpetifieff,- eon
22 tract a United Cates private seeter party (as defined by
23 the Secretary pur-suant to neetion 2044 fef the provision by
24 sueh party of fihe eapability of generating data of a "ality at
25 feast equeA to the quality of data and of selling and
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1 delivering such data to the Federal Government. The eapa
2 bility shall ineittde, at a ffliniffluffl, the eapability to generate
3 and deliver AtS8 data at the annual veittme of Federal usage
4 during fiscal year 1983, as detefifnitte by the Secretary. The
5 eapabili~y Hffiy be provided by the contractor using whatever
6 teehnelegiela the contractor ffifty seleet. In addition, the een-
7 tractor ffffiy make available data of a higher quality or of a
8 different type than MSS data.
9 (b) Theevntract authorized by subsection (a)-
10 (-} shall be entered ins a as seen as , al-
11 loving far the process;
12 (4) shad in accordance with criteria determined
13 and published by the Secretary, reasonably assure the
14 prevision of the capability deserted in subsection (a3
15 for a period of sin years, beginning as soon as praetiea
16 ble in order to minimize any ifiteffitptieff of data
17 ;
18 (8) shall ter-urinate one year after the expiration of
19 the six year period dew in paragra (24-;
20 (4) may, subject to section 406 of the Federal
21 Property and Administrative Aet of 4949 (44
22 provide ?or a payment by the Seefetafy
23 to never a portion of the eapita1 east of preying such
24 eery, which may be paid in iasteAlmeftta ( based
25 on progress prior to the beginning of the si ear
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1
period deseribed in paragraph (-2) ai (9) the sit of
2
whieh shall be less than the total eest of pr-eett the
3
system required to assure the capability ?er six years;
4
(6) sha provide t sale of l -sens-
5 5
ing data sha4l be in accordance with the provisions of
6
section 308 of this title;
7
(6) shall aet provide ?er aay guard data par-
8
chases by the Fedem! ; and
9
(74 may provide that the contractor ttWize, of a
10
a
an Government satellites as
11
platers ?er a e
satellite system,
12
if--
13
(A the contractor immediately
14
the Government fop all related Bests wed with
15
respect to such utilization, ifteittg a reasonable
16
and proportionate share of fixed spaeoera?t, data
17
, and launch Bests; and
18
( ouch utilization weW d net interfere with
19
er Othefwise in any may e~ the intended
20
missions, as deterred by
21
the agency responsible ?er the civilian satellite.
22
(e) The contract authorized by subsection (a3 shah be
23 awarded on the basis 4-
24 (44 the eest to the Goveffime of the payment
25 under subsection (b)(4);
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1 (24 the reliability, technical eompetenee, and ?i-
2 uaueial condition of the
3 (-3; the eeetmeter-'a ability to develop the remete
4 ~g data met;
5 the eeetraetor's ability to S"Pleteent basic ea-
6 dies speeified in section ) by adding remete
7 seeeing capabilities (at the eentfaeter-Iff expense affd
8 consistent with national security eeneerns) which eraie-
9 tairr United States leader in ref ;
10
() the eeetraetor's ability to meet the conditions
11
titl
li
d
?
bt
i
i
er
cense un
e
or o
a
n
ng a
12
(~ the eel ability to provide digital
13
r-emete sensing data on a timely and reliable basis;
14
the ability to effect a smooth tran
15
onion with any eentra selected under tine f;
16
(8) the royalty of profit of
ar-
17
, or other such financial e '
offered
18
to the Federal , and
19
(9) such other factors as the
deems ap-
20
prepriate.
21
(d) M ae a result of the competitive process required by
22 subsection (e the Secretary receives no proposal which he
23 finds acceptable under the eenditions of thin the Seem
24 tart' shall se certify and fu4y report his findings to the Con-
25 gress. Thirty days after se egg and reporting, the See-
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1 refit may reopen the competition. If no acceptable propos
2 ale are received after snob subsequent competition, or if the
3 Secretary decides net to reopen the competition, the Seeme
4 tart' shall so certify and fully report his findings to the Ga~
5 gresn Ninety days after se certifying and reporting, the See-
6 rotary is authorized to assure data continuity by pre-
7 ettroment and operation by the of the
8 necessary systems, subject to the a-vailability of apprepria-
9 tiers there?or. Such proms and operation may include
10 generation of data of a higher qualiy than MSS data.
11 SALE OF DATA
12 303. (a3 the contractor selected under section S
13 shad sell data in accordance with the previsions of sections
14 604 and 6O o?thisA~
15 Pb} Any sale of digital data by the eon
16 tractor to Federal ageneies shall be on a
17 basis, with the additional condition that at least 4 per eentum
18 of the wee of each eueh sale shall be rebated to the Govern
19 ment (attd thereby reduce the total net eeet to the Govern
20 mment) ae a royalty payment to the United Mates Treasury:
21 Such royalty payments shall be wed during the life of the
22 contract authorized in section 302 or until suteh time as the
23 eve total of such royalty payments equals the value of
24 any payment trade to the contractor by the Govemme
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1 under section 802(b)(4), --per ?irst aeeurs Data safes to
2 non Feder-a4 buyers shall not be sheet to such a rebate.
3 (e~ After the six year diod deseribec in seetion
4 802(b)(2), the contractor ra continue to se4 data arm if
5 lieensed under title IV of this A-et-, to operate a ei remote
6 sensing spaee system.
7 REPORT
8 gfw-. 404- Two yearsa?terthe dftteof theme
9 next of the sear period described in section (2) the
10 Sew sha4l report to the art and to the Congress
11 off the progress of the tr-effisitien to fully private ?inaneing,
12 owner-ship, and operation of remote sensing space systems,
13 together with a for actions, iffeluding ae-
14 tiers necessary to ensure United States leadership in Ott
15 land from space.
16 TITLE IV MGENSP~G O IREYMOTE
17 ERNS SIPAGE SYSTEMS
18 GENERAL AUTHOREPY
19 404, The Secretary is after eeosulta
20 tier with ether Federal ageeeies, to gram stos-
21 pen modify, or revoke licenses under this tit and to take
22 any outer such actions as he deems necessary in order to
23 earl ettt the a Ibis ti#~
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1 6ONDITIONS FOB OPERATION
2 402 (.&) No mate seater p&Ay ffmy operate any
3 remotese g space system whieh i subjeet to the jttr-isdie
4 tiers of eex el of the ate uses (ae determined by the
5 Seeretafy) without a license pursuant to seetion 44)&.-
6 (lr) Affiy license issued pursuant to section 499 shall be
7 subject to the following eel
8 4} The system? shall be operated i t such manner
9 ae to preserve and promote the national security of the
10 wed States and to ebse"e and implement the inter-
11 national obligations of the United States.
12 (2} Dig l r-efnete sensing data shall be made
13 ale to all potential risers on a
14 hasis.
15 43 No license issued under thin title eh-1l protect
16 the lieerteeholder from faif competition ? t ether li-
17 eenseholder-s.
18 (4) Any private seater party proposing to be li-
19 sensed under seetion 493 shall agree, ae a eendition
20 fef the receipt of such lieense, that prier to disbanding
21 or teffninating operations under the lieense, the linen
22 seheider- will make dispesition of any or-biting satellites
23 in aman}ersatisfsetoryto the President.
24 Any private sector party proposing to be li-
25 sensed under seetion 409 shall agree, as a eendition
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1 ?er the receipt of sueh license; to pre-Ada to the Seeme
2 tay any data generated under such license which the
3 Seer-eta y ffwy request ?er the purpose of archiving
4 pursuant to seetien
5 (6) Of the purposes of ens g compliance with
6 the previsions of this Aet e~ fiefidisefifftiflater-Y
7 access to data, atiy private seeter paw pr-opesin to
8 be licensed u n d e r section 493 shall agree, as a eendi
9 Lien ?er the receipt of sueh lieense
10 ( A to notify t h e Secretary of a y"value
it ad4ed" aetivities 4a defined by the Secretary by
12 regulation) that will be eendueted by the lieensee
13 or by a subsidiary o affiliate of the licensee; attd
14 (-:9) to provide the Secretary with a plan ?er
15 the conduct of such des whiek will ensure
16 eempliaine-e with suck previsions eeaee g Ron
17 fiery aeeess.
18 AUTHOREFY OF THE SEeRETARY
19 gfw: 493: (a3 The Secretary is authorized to license
20 qualified private seeter parties to operate e
21 space stems in accordance with the previsions of this
22 (b) Any license issued tinder subseetie (a; shall he in
23 effect ?er such period as the Secretary may speei?y.
24 (e~ Afty private seeter paw ffffiy apply to the Secretary
25 fef issuance; transfer, of temmiflation of a license under this
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11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
20
file in a farm and manner preser-ibed by the Seefetar-y. Each
application tffider- this section shall fefth the aeti-Aties
propose to he earriec a under the lieense, ineludi meas
wes tak-en to eemply these operating to epee-
i?ied in seetion 4O of this
No lieense shall be granted by the Seer-etafy unless
he determines in writing that the applicant will eemply with
the of this A-et-, the r-egulations issued pursuant
to this A-4, and the ' and national se-
eurity eeeeerne of the kited States. The Secretary shall
review any applioatieft and e a deteminat 'on thereon
within one httttdf!e and ~ days of the receipt of an ap-
plieation.. 14 final aetion has net oeeumed within such time,
the Seer-eta ry shall We the applicant of any pending issues
and of actions rem to resolve them.
(e) heSeer-etafy ffffiy revoke, suspend, Of modify ali-
eeese issued ender this title if the Secretary awes and
notifies the licensee in vT-iting that the licensee has substan
tially failed to comply with any provision of this A-et with
any regulation issued under this A-et-, with any terms, ee li
tiees-, of restrictions of such license, of with any .
obligation of national seems concern of the kited States.
(f) Any applicant of lieensee who makes a timely re-
fer review of a denial of issuance of transfer; reveea
ties; suspension; eeitditienifigL of fnedifieatien of a license
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1 shall be etititle to adjtidioati by the Secretary on the
2 record after air opportunity ?or an agency hearing with re-
3 speet to such denial, revocation, eenditieffift-, Of
4 medi?ieafiion.. Afty final action by the Secretary under this
5 subseetion s be subject to judicial review under chapter -7
6 of We United States Cede.
7 OF THE SHORETARY
8 SBe-. 404: (~} The Secretary ffia-y issue r-egttlatiens to
9 carry ettt the me of this title.
10 (h) Regulations. issued by the Secretary under this title
11 shall be pr-emulgat d ei y after p4he notice aid comment in
12 accordance with the provisions of section of title
13 United States Code.
14 OF THE SBOHHF*HIf
15 S*e-. 405 (o Each license issued by the Secretary shad
16 require the licensee
17 (4} to allow the Sew of his designated ef?i-
18 eery to inspect a financial of business records asseei
19 ated with of "vahte adaea" activities,
20 attd
21 (24 to allow the Secretary of his designated effi-
22 eery to inspect airy spaeer-elat of ground segfflent
23 hafdwe re of software to be utilized by the lieensee in
24es.
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1 Tt is unlawful fe any poron to violate any regula
2 tion ew pf-evision of any lieense issue under this Act, to o-
3 late any spaee treaty of law implementing any spaee treaty,
4 er to prevent or inhibit the monitoring of r-emete sensing ae-
5 tivities of "-value added" des by the Seem" of his
6 designated o ieers.
7 (e) Affiy person who after notiee and opportunity to he
8 heard in accordance with title meted States Code, is
9 found by the Secretary to have ee fitted any aet pr-ehibite
10 by subsection (b) 9641 he lia4le fof a eivil penal of net mefe
11 than $10,000 ?er each violation. Each day of eentin OP-
12 oration in violation shall eonstitute a separate violation. The
13 Secretary may e 177 Modify, Of remit any such eivil
14 penalty.
15 (d) For the purpose of eenduetg any hearing under this
16 section,, the Secretary ntay issue subpenes ?er any materials,
17 deeuments, of reeerds, of ?er the attendance and testimony of
18 witnesses.
19 (e) In carrying out his enforcement s, the
20 Secretary may
21 () seise any objeet, record, of report where it
22 reasonably appears that such was used is being used,
23 er is likely to be used in violation of this Of
24 (2) make investigati ~s and inquiries and a&ftimis
25 ter to of take from any per-soft an oath affirmation Of
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1 a??ida eeaee ning any der relating to the en?eree
2 montof this ~
3 (4) The Secretary is authorized to terminate any licensed
4 operations on an immediate basis when it reasonably appears
5 that operation in violation of any prevision of this Aet of any
6 prevision of a license issued tinder this of of any obliga
7 tien of the United States under a space treaty, would be det-
8 mental to the nationalintefest.
9 AGENelfB
10 fie: 406. (a) A private sector pares may apply fete a
11 license to operate a r-emete sensing space system which ttti-
12 des; on a space available basil a civilian Unite d States
13 Gover-nme satellite of vehicle as a platform ?ei such
14 system.
15 (b) Else Seeretay, pursuant to the authorities of
this
16 title, wa-y license such syste if it meets all conditions of this
17 4~, and if--
18 (44 the applicant agrees, as a condition ?er the f-
-19 eeipt of such license, to rye the Government im-
20 ntediately fef all related eests incurred with respect to
21 such utilization,, including a reasonable and proportion
22 ate slime of ?ixed, spseeer-aft, data transmission, and
23 launch eests~;- and
24 (2 such utilization would not interfere with or
25 oche a the ntis-
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6 (4) Federal agencies afe amtherize to enter- into agree
7 ments fff such utilization if site are eensistent
8 with the ageneys mission, statutefy omthefity, sod appre
9 priatien Acts, and if such r-emete sensing space system is li-
10 cursed by the Seer-etar-Y.
11 The provisions of this section do riot a to aetivi
12 ties carried ertt meant to title V-
13
14 S -e 4$7 1f five years after the expiration of the ei-
15 year period described in section 302(b)(2), no private seater
16 party has been licensed and eentintted in operation under the
17 provisions of this title, the authority of this title shall
18 temlifiate.
19 AND
20 PURPOSE
21 SEc It is the purpose of this tine to provide fff e,
22 nee. eiviliatt pr-egr-affi of research, ,
23 artd demenstr-a to wee the kited States eapa-bilities
24 for- r-emete sensing from spaee, as well as to wee the ap-
25 Meatier and utilization of such eapAilities.
24
1 sine as determined by the agency responsible fff the
2 satellite of vehicle.
3 (e) The Secretary ffiey offer assistance to private seater-
4 parties in finding appropriate fff such
utilization
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1 E)OMPINUED FEDERAL HESHAReff AND
2 S~ &02-. (a)(1) PieAdministr-a of the National At-.r-
3 enatities aid Spaee Administr- is difeeted to continue
4 and to enhanee such Administfa pis of rermote
5 ~g research and .
6 (.9) The Administrator ie authorized and
7 to-
8 (A4 eenduet emper;fflent spaee
9 pis demenstrat Pre-
10 grams and basic researek at , sities);
11 (R) develop i and tech
12 including these needed for monitoring the
13 Earth and ito nt; and
14 (G) eenduet such research and developfaent in eo-
15 oper-at v4h ether publie and private research enti-
16 ties ineludiog private may; universities, State and
17 leea4 govemments-, foreign , and intern&
18 tional , and to enter into Aff
19 (ineittding joint ventures) whiek wiI4 fester such
20 e6oper-ation.
21 (k)(4) The Secretary shall eendttet a continuing program
22 of
23 (A`) research in appliestio of ;
24 (9) me Bring of the Earth and ito ~e
25 and
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1 W4 developme of teehnelegy fer such moniter
3 Play iflelude support of basic research
4 at .ersit;
5 (34 The Secretary is authorized a *d encouraged to eoe-
6 dtret such feseareh, , aed developme in eeepera-
7 tiee ether }die aad private research entities, ifieluding
8 private industr-y, sities State a *4 local
9 foreign governmen and ' , and to
10 enter into affangeme (ineludin jeiiit ventures) whieh wiu
11 fester such eeeperatierr
12 (e) Other Federal agencies are authorized and eneour-
13 aged to eeudaet research and development on the rise of
14 r-emete sensing in fulfillment of their authorized nor
15 using funds appropriated ?or such yoses.
16 (Q The Seer-eta r-~ and the grater of the National
17 e ?tics and ace shall, within one year
18 after the date of efiaettnefit of this Aet and biennially ther-eaf
19 ter, jointly develop and transmit to the congress a report
20 which includes (44 a unified national plan for
21 research and meet applied to the Earth and its at-
22 mespher-e; (-2} a eefftilatiofi of progress in the relevant eege
23 ing research and developfae ti es of the Federal agen
24 eies; and (84 an assessment of the state of our knowledge of
25 the Earth and its atmosphere-, the needs for additional
re-
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1 search (inel ig research related to F
2 space programs), aed opportunities avai!Ale
3 ?er further progress.
4 USIB OF DATA
5 Data gafihered in Feder-&I experimental spaee
6 programs may be used in r-elate research
7 a programs funded l the Federal over-
e-8 meet p ) ae4 cooperative e-
9 search bttt Pot ?er ??~~,~~,,rc a eses of in eefnpeti
10 tion with private sector aetiiities, except as permitted by see-
11 tip
12 @ALE OF DATA
13 Sep 504: Data gathered in Federal exper-imenW
space
14 programs may be sell eft blee through a eem
15 petitive process (eons; tent with fiatiefW security interests
16 aed ' obligations of 4he United States) to any
17 United des entity whieh wiI4 market the data off a eendis
18 basis.
19 TITLE A4 GENERAL ]PROAqSION-8
20 1
21 fie: (a3 digital data generated
22 by ftfi-y system operator ender the previsions of this Aet shall
23 be made available to all users ee a basis in
24 accordance with the of this A.
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1 (b) Ai+y system operator shall make p4liely available
2 the panes, polieies, preeedures, an4 ether terms an4 eendi
3 tiers (ixt net, in accordance with seetion 104(g)(0), the
4 names of s o the4 pu ases) upeft whiek the operator-
5 Will sell such data-6 OF DATA
7 602. W 1t is in the public interest ?er the United
8 States Governnefft-
9
4) to maintain an archive of land r-emete son
10
satellite data ?er histeriea
and teehnieal
11
pur-poses, including long global
12
ffieflit ;
13
(~) to een4e! the eentent fffi4 seepe of the ai-
14
ehive; aPd
15
to assure the quaky, integrity, axd eel
16
of the Vie.
17
(b) The Seems shall provide ?er longsterm storage,
18
, and upgrading of a basic, global, land remote
19 sensing data set (hereafter- referred to as the "basin data
20 set) and shall follow reasonable dal practices to assure
21 proper storage and of the basic data eet aad
22 timely access ?er parties requesting data. The basic data set
23 which the Secretary assembles in the Gover-mme afehive
24 shall remain distinct from ay inventory of data which a
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1 systefa operator ffiay maintain ?er sues ae4 ?er other
2 pufpeses.
3 (e) 14 detemining the i iai eentent of of in epgr-ading,
4 the basic data eet7 the Secretary shal
5 (4 trse as a baseline the ACSS data euff ently
6 arehi
7 (-24 tale into aeeotfflt future meal ae4 seien
8 tifie developfne end needs;
9 (3) eensu4t with ae4 seek the ac ne of users and
10 producers of metesen&ifig data and data mss,
11 keeping the Congress advised of such mss;
12 (4) consider the publie'e need fef data which ffffiy
13 be 4upheative in terms of geographical coverage bttt
14 w ieh differ in terns of lesser, spectral bands, reselut
15 tier, of other relevant ?aetors;
16 (6) inelttde, as the Seefetar-y deems ,
17 data generated either- by the
18 Lands system, pursuant to title of by license
19 holders under title P; and
20 (6) inelude, as he deems appr-opriate, data collect
21 e4 by foreign grerrn4 stations of by foreign i to
22 sensing space systems.
23 (4; A-11 original data Of eepies thereefl ehill, on request,
24 be made promptly ewailable to the Seefetaff by any system
25 operator in a form suitable fef preeessing ?er data storage,
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1 maintenanei-, and aeeess. The Seems is authorize (Sub-
2 feet to the avagabihty of to pay to such
3 system operator reasonable eests ?er mpfedueti and trans
4 wiitteA of y such data.
5 (e Any system operator shah have the ewe right
6 to sell all data that the operator provides to the United
7 States data afekive ?er a period to he deter
8 mined by the Secretary het not to exceed ten years from the
9 date the data are sensed. In the ease of data generated from
10 the Landsat system prior to the implement of the een
11 tract described in section 201(s) of this Act, any contractor
12 seieeted pursuant to section 204 shah have the exeittsive
13 right to market such data on behalf of the United States Gov
-
14 ernment ?or the duration of such eontraet. - system operator
15 may relinquish his exclusive right and eensent to
16 from the whive before the period of ex elusive right has ex-
17 pired by tern ating his offer to sell party data.
18 (4) Aftereipir-atie of suchemelusivefight tosell or
19 after relinquishment of such right, the data provided to the
20 United Mates data archive shah be in the
21 public domain and shah he made awe to requesting par-
22 ties by the Secretary at prices reflecting reasonable costs of
23 fepfedtteti and .
24 (g3 In carrying ettt the functions of this section, the See-
25 fetar-y may use existing facilities er may contract with a pri-
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1 Vate seeter pft4y of # fef the performance of such fuffe-
2 tiers; subject to the availability of appropriations there?er.
3
4 693- Digital Pefoote sensing data distributed by
5 a system operator under- the provisions of this Aet n be
6 se44 under the condition t such set be re}re
7 "ee4 of disseminat by the
9 604 } The of the National Aere
10 nauuties and ,ee Adflinistration,, the Secretary of Defense,
11 and the heads of ether Federal agencies are authorize to
12 provide assistance to system operators under the pr+~
13 of this A-et-. Substanti a staneei each as launch services;
14 shall be reimbursed by the system operate
15 ) The may allow a licensee under section
16 403, of any other private sector party, to hey of otherwise
17 ac a the use of equipment from the Landsat system, when
18 such equipment is no longer needed ?er the operation of that
19 system Of fef the sale of data from that System. Offieials of
20 other Federal civilian agencies are authorised and eneour
21 aged to cooperate with the secretary in carrying cut this
22 stibseetien.
23 RADIO
24 mac} 605- The Federal Communications Commissieft
25 and the secretary are etteettr-a-ged to allocate to any license
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1 holder- tinder- titlePo?thieAetaeeesste Govefeme radio
2 ff-equeneies at4 ether ei radio ?requeneies a-ppfopriate ?er
3 spaee in a timely ma er eeesistent
4 with intematiefial obligations at4 with the national inter-est.
5
6 606 (a) The Secretary shag consult with the See-
7 rotary of Defense off all matters under this Aet affecting fta-
8 tied seedy. The Secretary of Defense s be responsible
9 ?er detemining these eeeditioes, consistent with this Aet,
10 necessary to meet national seems concerns of the United
11 States axd ?er notifying the Sew ply of s
12 eenditions.
13 0444 The Secretary s consult with the Secretary of
14 State on al4 matters under this Aet affecting intematien
15 obligatiefis.. The Secretary of State ehall be responsible ?er
16 detenRifting these eeeditions, consistent with this A-et-, eeees
17 saty to meet obligations and policies of the
18 United States and for notifying the Secretary promptly of
19 such eenditiens.
20 (24 The Secretary of State is authorised and encouraged
21 to provide laid r-emete sensing data, teehnelegy; and tr-aixirg
22 to developing nations as a component of programs of intena
23 tienal aid.
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1 (-34 The Seer-etafy of ate shall promptly report to the
2 Secretary any instances ewe the United States of diserinni
3 nater of data.
4 (e) I as a result of emirs imposed on a systeffl
5 operator on the basis of national seeur4y or ' ob-
6 ligatiens of policies, the Secretary (in eensultation with the
7 Secretary of Defense of the Seems of State, as the ease
8 fftay be) deter-fflifies that additional Bests will be incurred by
9 the system operators of that past developffie costs (inelud
10 ing the eest of caul) wiI4 re be recovered by the systeffi
11 operator, the refire the agency of
agencies
12 requesting such conditions to reimburse the systeffi operator
13 ?er such additional of developme casts, exeluding antiei
14 gated profits.
15 PO env $
16 ADMiNiSTRATiON , 1903
17 S~ 84seetion (a) of section 04 f4 t4e National
18 Aeronautics and Space
1988,
19 is amended to read as follows.:
20 he Secret y of Comtnefee is hereby author-ke to
21 plan and provide ?er the ffianageme and operation of eii4l
22 space sue, whieh ffmy include the Land
23 sat 4 and & satellites and asseeiated ground syste
e -
24 meat transferred from the National Aeronautics and KSP&ee
25 Admifiistr-atiefl-, to provide fef user fees-; and to pan fef the
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1 transfer- of the owner-ship end operation of eivil-, operational
2 r-efnete sensing aee systems to the private sector when in
3 the national interest
4 HRbAgMON TO OTHER LrWO
5 S*e: 608. The requirements of this Aet afe in addition
6 to and net in lien o?; any other provision of law
7 OF
8 9*6-. (43 There are autherize to be appropriated to
9 the Secretary $10,000,000 ?ef fiscal year 1985 fef the p -
10 pose of earrying out the provisions of seetion 404-, title
11 and section 6 of this
12 (h) The mither-izati provide ?ef finder subsection W
13 shah he in addition to moneys authorized pursuant to title 14
14 of the National Aer-efiatttiea and Spaee Administr-ft An-
15 therization Aet of 1988 die Law 97
16 OF COMACERCLkLIZA
17 TIONOF
18 PHOHiBiTiON
19 mac. 701. Neither the President fief any ether o ieial of
20 the Government shall fide any effort to lease, ee4-, of trans
21 for to the private seetor; , of in any way die-
22 mantle any portion of the weather satellite systems operated
23 by the Depar-ttnent of wee of any successor ageney.
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1 FUTURE
es
2 SE Regardless of aey ehange in eir-etimstafi
3 subsequent to the e t of this A-et; eat i such edge
4 makes i appear to be in the national merest to eel
5 iee weather- satellites, neither- the President o ieial
6 shall take any ae t prhibite by section 7-04 of thin A~et
7 unless this title has first been repealed.
8 That this Act may be cited as the "Land Remote Sensing
9 Satellite Commercialization Act of 1984 ".
10 TITLE I-DECLARATION OF FINDINGS AND
11 PURPOSES
12 FINDINGS
13 SEC. 101. The Congress finds and declares that-
14 (1) the Federal Government's experimental Land-
15 sat system has established the United States as the
16 world leader in land remote sensing satellite
17 technology;
18 (2) the continuous collection of land remote sens-
19 ing data from satellites is of major benefit in managing
20 the Earth's natural resources;
21 (3) private sector involvement in space can pro-
22 vide sound bases for the future growth of space-based
23 technologies;
24 (4) it is necessary to determine the extent to
25 which it is appropriate and in the national interest for
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1 the private sector to assume responsibility for civil land
2 remote sensing satellite system operation and data
3 management;
4 (5) the existing civil land remote sensing system
5 of the United States involves important international
6 commitments;
7 (6) civil land remote sensing involves relevant na-
8 tional security concerns;
9 (7) it is in the national interest to promote the es-
10 tablishment of private land remote sensing ventures;
11 (8) private industry is best suited to develop mar-
12 kets for remote sensing data;
13 (9) it is doubtful that the private sector alone cur-
14 rently can develop a total land remote sensing system
15 because of the high risk and large capital expenditure
16 involved;
17 (10) cooperation between the Federal Government
18 and private industry is necessary to manage effectively
19 the existing Landsat system so as to ensure data conti-
20 nuity, to honor international and national security re-
21 sponsibilities, and to broaden the data market enough
22 to support self-sufficient private ventures; and
23 (11) such cooperation should be structured to min-
24 imize the amount of support and regulation by the
25 Federal, Government, while assuring continuous avail-
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1 ability to the Federal Government of land remote sens-
2 ing data.
3 PURPOSES
4 SEC. 102. The purposes of this Act are to-
5 (1) guide the Federal Government in achieving
6 proper involvement of the private sector by providing a
7 framework for gradual commercialization of land
8 remote sensing, allowing an increasing private role as
9 the market for data expands, and assuring continuous
10 data availability to the Federal Government;
11 (2) preserve the leading position of the United
12 States in civil land remote sensing, preserve the na-
13 tional security, and honor the international obligations
14 of the United States;
15 (3) reaffirm the right of all nations to sense the
16 Earth's surface and acquire land remote sensing data,
17 so long as such data are made available to all potential
18 users on a nondiscriminatory basis; and
19 (4) minimize the duration and amount of further
20 Federal investment necessary to assure data continuity
21 while achieving commercialization of civil land remote
22 sensing.
23 DEFINITIONS
24 SEC. 103. For purposes of this Act, the term-
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1 (1) "Landsat system" means Landsat 4 and
2 Landsat 5, and related ground equipment, systems and
3 facilities;
4 (2) "nondiscriminatory basis " means without
5 preference, bias, or any arrangement that favors any
6 purchaser or class of purchasers over another, such
7 that-
8 (A) data products are made available to all
9 potential buyers at standard, published prices;
10 (B) all purchasers are given the same oppor-
11 tunities for access to data, such as timeliness of
12 availability and terms of delivery; and
13 (C) special arrangements, other than any ar-
14 rangement for exclusive access to data by any
15 purchaser, such as volume discounts, gathering of
16 data with certain characteristics requested by a
17 purchaser, and maintenance of secrecy regarding
18 any such arrangements, are permissible if the
19 availability and prices of such services are pub-
20 lished and uniformly available to all data
21 purchasers;
22 (3) "Secretary" means the Secretary of
23 Commerce;
24 (4) "unenhanced data" means digital or minimal-
25 ly processed signals collected from civil land remote
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1 sensing satellites involving rectification of distortions,
2 registration with respect to features of the Earth, and
3 calibration of spectral response; the term does not in-
4 clude conclusions, manipulations, or calculations de-
5 rived from such signals or combination of the signals
6 with other data or information; and
7 (5) "United States private entity" means any cit-
8 izen of the United States or any nongovernmental
9 entity or consortium of entities, the majority of whose
10 assets is owned by citizens of the United States, the
11 majority of whose personnel is comprised of citizens of
12 the United States, and whose principal place of busi-
13 ness is in the United States.
14 TITLE II-OPERATION AND DATA MARKETING
15 OF LANDSAT SYSTEM
17 SEC. 201. (a) The Departure Of Cor/merce shall be
18 responsible for-
19 (1) the orbit and data collection of Landsat 4, and
20 disposition of Landsat 4 upon the termination of its
21 useful operation, as determined and published by the
22 Secretary;
23 (2) the orbit and data collection of Landsat 5, and
24 disposition of Landsat 5 upon the termination of its
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1 useful operation, as determined and published by the
2 Secretary;
3 (3) ground equipment and facilities which are
4 used to operate the Landsat system; and
5 (4) provision of data to foreign ground stations
6 under the terms of existing Memoranda of Understand-
7 ing between the United States Government and na-
8 tions that operate ground stations.
9 (b) The Department of Commerce may extend any such
10 Memoranda of Understanding if such extension provides for
11 their expiration upon the termination of the useful operation
12 of the Landsat system.
13 (c) The provisions of this section shall not prohibit the
14 Department of Commerce from continuing to contract for the
15 operation of the Landsat system, so long as the United States
16 ;Gavernxnent retains-
17 (1) ownership of the system;
18 (2) ownership of the unenhanced data; and
19 (3) authority to make decisions concerning oper-
20 ation of the system.
21 MARKETING OF UNENHANCED DATA
22 SEC. 202. (a) In accordance with the requirements of
23 this title, the Secretary shall, to the extent provided in ad-
24 vance by appropriation Acts, by means of a competitive proc-
25 ess contract with a United States private entity for the mar-
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1 keting of unenhanced data collected by the Landsat system.
2 Any such contract shall provide that-
3 (1) the contractor may set the prices of unen-
4 hanced data products, if the products are always avail-
5 able to all potential users on a nondiscriminatory
6 basis;
7 (2) the contractor shall compensate the United
8 States Government for the right to sell the data by
9 payment of an initial fee, a percentage of data sales
10 receipts, or some combination of such fee and receipts;
11 (3) the contractor shall pay to the United States
12 Government the full purchase price of any unenhanced
13 data that the contractor elects to utilize for purposes
14 other than sale, in accordance with paragraph (4) of
15 this subsection;
16 (4) the contractor shall not engage in any sale of
17 processed data except in a manner consistent with' ap-
18 plicable antitrust laws; and
19 (5) the Secretary has determined that such con-
20 tract is likely to result in cost savings for the United
21 States Government.
22 (b) Prior to entering into such a contract, the Secretary
23 shall publish the requirements of subsection (a)(1) through
24 (5) of this section, and the contract shall be subject to such
25 requirements.
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1 (c)(1) Any decision or proposed decision by the Secre-
2 tary to enter into any such contract shall be transmitted to
3 the Committee on Commerce, Science, and Transportation of
4 the Senate and the Committee on Science and Technology of
5 the House of Representatives for their review. No such deci-
6 sion or proposed decision shall be implemented unless (A) a
7 period of 30 days of continuous session of Congress has
8 passed after the receipt by each such committee Of such trans-
9 mittal or (B) each such committee before the expiration of
10 such period has, by vote of a majority of its members, agreed
11 to transmit and has transmitted to the Secretary written
12 notice to the effect that such committee has no objection to the
13 decision or proposed decision. As part of such transmittal, the
14 Secretary shall include the information specified in subsec-
15 tion (a) (1) through (5) of this section.
16 (2) For purposes of this section-
17 (A) continuity of session is broken only by
18 an adjournment sine die; and
19 (B) days on which either House is not in
20 session because of an adjournment of more than 5
21 days to a day certain are excluded in the compu-
22 tation of such period.
23 AWARDING OF THE CONTRACT
24 SEC. 203. (a) The Secretary shall award any such con-
25 tract on the basis of-
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1 (1) the financial return to the United States Gov-
2 ernment, based on any initial fee offered for marketing
3 rights and any percentage of data sales receipts offered
4 to the United States Government;
5 (2) the ability to expand the market for unen-
6 hanced land remote sensing data; and
7 (3) such other factors as the Secretary considers
8 appropriate.
9 (b) If, as a result of the competitive process required by
10 section 202(a) of this title, the Secretary receives no proposal
11 which the Secretary determines to be acceptable under the
12 provisions of this title, the Secretary shall so certify and fully
13 report such finding to the Congress. As soon as practicable
14 but not later than 30 days after so certifying and reporting,
15 the Secretary shall reopen the competitive process. The period
16 for the subsequent competitive process shall not exceed 120
17 days. If, after such subsequent competitive process, the Secre-
18 tary receives no proposal which the Secretary determines to
19 be acceptable under the provisions of this title, the Secretary
20 shall so certify and fully report such finding to the Congress.
21 In the event that no acceptable proposal is received, the Sec-
22 retary shall continue to market data from the Landsat
23 system.
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1 (c) Such contract may, in the discretion of the Secre-
2 tary, be combined with the contract required by title III of
3 this Act, pursuant to section 305(b) of this Act.
4 TITLE III-DATA CONTINUITY AFTER THE
5 LANDSAT SYSTEM
6 PURPOSE
7 SEC. 301. It is the purpose of this title to-
8 (1) provide for a transition from operation by the
9 Federal Government to private, commercial operation
10 of civil land remote sensing satellite systems;
11 (2) determine, with minimal risk during the pro-
12 posed transition period, whether wholly private oper-
13 ation of land remote sensing is in the best interests Of
14 the United States;
15 (3) provide for the continuity of land remote sens-
16 ing satellite data after the termination of the operation
17 of the existing system, as described in title II of this
18 Act; and
19 (4) assure development of a land remote sensing
20 system that will result in cost savings for the United
21 States Government.
22 DATA CONTINUITY
23 SEC. 302. The Secretary shall evaluate proposals from
24 United States private entities for a contract for the develop-
25 ment and operation of a system capable of generating land
26 remote sensing data, and marketing such unenhanced data
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1 for a period of 6 years. Such evaluation and any solicitation
2 of proposals shall be conducted by means of a competitive
3 process. Such proposals, at a minimum, shall specify-
4 (1) the quantities and qualities of data expected
5 from the system;
6 (2) the projected date upon which operations could
7 begin;
8 (3) the number of satellites to be constructed and
9 their expected lifetimes;
10 (4) any need for Federal funding to develop the
11 system;
12 (5) any percentage of sales receipts offered to the
13 Federal Government;
14 (6) plans for expanding the market for land
15 remote sensing data, and
0 (7) the proposed relationship and procedures for
20 SEC. 303. (a) The Secretary shall evaluate the proposals
21 referred to in section 302 of this title and, to the extent pro-
22 vided in advance by appropriation Acts, may contract, in
ac-
23 cordance with section 401 -of this Act, with a United States
17 meeting the national security and international obliga-
18 dos of e U ited State
19 NOTIFICATION RE ((Q &J
CARDING AWARD NG OFT CO KA
24 private entity for the provision by such entity of the capabil-
25 ity of generating land remote sensing data and marketing
26 such unenhanced data for a period of 6 years. As part of such
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1 evaluation, the Secretary shall analyze the expected outcome
2 of each proposal, in terms of-
3 (1) the availability of such data upon the expected
4 termination of the Landsat system;
5 (2) the quantities and qualities of data to be gen-
6 erated by the recommended system;
7 (3) the cost to the Federal Government of develop-
8 ing the recommended system;
9 (4) the potential to expand the market for data;
10 (5) any percentage of data sales offered to the
11 Federal Government, in accordance with section 304 of
12 this title;
13 (6) the contractor's ability to advance remote sens-
14 ing technology and maintain the technological leader-
15 ship of the United States in remote sensing;
16 (7) the commercial viability of the proposal;
17 (8) the technical competence and financial condi-
18 . jio i ,f , the gontractor,
19 (9) the proposed relationship and procedures for
20 satisfying the national security and international obli-
21 gations of the United States; and
22 (10) such other factors, including the marketing of
23 unenhanced data from the Landsat system, as the Sec-
24 retary deems appropriate and relevant.
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1 (b)(1) Any decision or proposed decision by the Secre-
2 tary to enter into any such contract shall be transmitted to
3 the Committee on Commerce, Science, and Transportation of
4 the Senate and the Committee on Science and Technology of
5 the House of Representatives for their review. No such deci-
6 sion or proposed decision shall be implemented unless (A) a
7 period of 30 days of continuous session of Congress has
8 passed after the receipt by each such committee of such trans-
9 mittal or (B) each such Committee before the expiration of
10 such period has, by vote of a majority of its members, agreed
11 to transmit and has transmitted to the Secretary written
12 notice to the effect that such committee has no objection to the
13 decision or proposed decision. As part of such transmittal, the
14 Secretary shall include the information specified in subsec-
15 tion (a) (1) through (6) of this section.
16 (2) For purposes of this section-
17 (A) continuity of session is broken only by an ad-
18 journment sine die; and
19 (B) days on which either House is not in session
20 because of an adjournment of more than 5 days to a
21 day certain are excluded in the computation of such
22 period.
23 (c) If, as a result of the competitive process required by
24 subsection (a) of this section, the Secretary receives no pro-
25 posal which the Secretary determines to be acceptable under
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1 the provisions of this title, the Secretary shall so certify and
2 fully report such finding to the Congress. As soon as practi-
3 cable but not later than 30 days after so certifying and re-
4 porting, the Secretary shall reopen the competitive process.
5 The period for the subsequent competitive process shall not
6 exceed 180 days. If, after such subsequent competitive proc-
7 ess, the Secretary receives no proposal which the Secretary
8 determines to be acceptable under the provisions of this title,
9 the Secretary shall so certify and fully report such finding to
10 the Congress. Not earlier than 90 days after such certi f ica-
11 Lion and report, the Secretary may assure data continuity by
12 procurement and operation by the Federal Government of the
13 necessary systems, to the extent provided in advance by ap-
14 propriation Acts.
15 MARKETING INCENTIVE
16 SEC. 304. In order to promote aggressive marketing of
17 land remote sensing data, any contract entered into pursuant
18 to this title may provide that the percentage of sales paid by
19 the contractor to the Federal Government shall decrease ac-
20 cording to stipulated increases in sales levels.
21 TERMS OF THE CONTRACT
22 SEC. 305. (a) Any contract entered into pursuant to
23 this title-
24 (1) shall provide that the contractor will offer to
25 sell and deliver unenhanced land remote sensing data
26 to all potential buyers on a nondiscriminatory basis;
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1 (2) shall provide that the contractor will engage in
2 any sale of processed data only in a manner consistent
3 with applicable antitrust laws;
4 (3) shall not provide a guarantee of purchases of
5 data by the Federal Government from the contractor;
6 (4) may provide that the contractor utilize, on a
7 space-available basis, civilian Government satellites as
8 platforms for a civil land remote sensing satellite
9 system, if-
10 (A) the contractor immediately reimburses
11 the Government for all related costs incurred with
12 respect to such utilization, including a reasonable
13 and proportionate share of fixed, spacecraft, data
14 transmission, and launch costs; and
15 (B) such utilization would not interfere with
or otherwise in any way compromise the intended
17 civilian Government missions, as determined by
18 the agency responsible for the civilian satellite;
19 and
20 (5) may provide indirect and direct financial sup-
21 port by the United States Government, including loans
22 and loan guarantees, payments pursuant to section 305
23 of the Federal Property and Administrative Services
24 Act of 1949 (41 U. S. C. 255) for a portion of the cap-
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1 ital costs required to provide the follow-on capability,
2 and other financial considerations.
3 (b)(1) Without regard to whether any contract entered
4 into under this title is combined with a contract under title II
5 of this Act, the Secretary shall promptly determine whether
6 the contract entered into under this title reasonably e f fectu-
7 ates the purposes and policies of title II. Such determination
8 shall be submitted to the President and the Congress, together
9 with a full statement of the basis for such determination.
10 (2) If the Secretary determines that such contract does
11 not reasonably effectuate the purposes and policies of title II
12 of this Act, the Secretary shall promptly attempt to carry out
13 the provisions of such title.
14 REPORT
15 SEc. 306. Within 2 years a f ter the commencement of
16 operations of any system with respect to whi h -a nan tract has
17 been e r t ' title the Secretary shall report to
18 the Congress on the progress and feasibility of the transition
19 to total private financing, operation, and ownership of a land
20 remote sensing satellite system, together with any legislative
21 recommendations to accomplish such transition.
22 AUTHORIZATION OF APPROPRIATIONS
23 SEc. 307. There are authorized to be appropriated for
24 purposes of this title not to exceed $60, 000, 000 for fiscal year
25 1985. Such sums shall remain available until expended, but
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1 shall not become available until the time period specified in
2 section 303(b)(1)(A) or (B), as appropriate, has expired.
3 TERMINATION OF AUTHORITY
4 SEC. 308. The authority granted by this title shall ter-
5 minate 10 years after the date of enactment of this Act.
6 TITLE IV-PRIVATE LAND REMOTE SENSING
7 SYSTEMS
8 GENERAL AUTHORITY
9 SEC. 401. (a) In consultation with other appropriate
10 Federal agencies, the Secretary shall license qualified United
11 States private entities to operate civil land remote sensing
12 satellite systems for such period as the Secretary may specify
13 and in accordance with the provisions of this title.
11 (b) No license shall be granted by the Secretary unless
the Secretary determines in writing that the applicant will
13 comply with the requirements of this Act, any regulations
1 issued pursuant to this Act, and will meet applicable interna-
1 tional obligations and national security concerns of the
nited Ftates 0 "~'V~~ Cr;Eh9~rCd97
CONDITIONS R PERATIO V & - 6~114)
21
SEC. 402. (a) No Rrivate sector party or consortium
22 may operate any civil land remote sensing system which is
23 subject to the jurisdiction or control of the United States
24 without obtaining a license pursuant to section 401 of this
25 title.
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1 (b) Any license issued pursuant to this title shall speci-
2 f , at a minimum, that the licensee shall-
3 (1) make available data generated by the system
4 to all potential users on a nondiscriminatory basis;
5 (2) upon termination of its operations under the
6 license, make disposition of any satellites in space in a
7 manner satisfactory to the President;
8 (3) promptly make available to the Secretary all
9 data generated by the system, pursuant to title VI of
10 this Act;
11 (4) furnish the Secretary with complete orbit and
12 data collection characteristics of the system, obtain ad-
13 vance approval of any intended deviation from such
14 characteristics, and inform the Secretary immediately
15 Of any unintended deviation;
1 (5) obtain advance approval from the Secretary of
1 any agreement it intends to enter with a foreign
1 nation, entity or consortium involving foreign nations
1 or entities;
2 (6) operate the system in a manner that is con-
21 sistent with international law;
22 (7) permit the inspection of its facilities and fi-
23 nancial records;
24 (8) surrender the license and terminate operations
25 upon a finding by the Secretary that continued oper-
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1 ations would be detrimental to the national interest;
2 and
3 (9) not engage in any sale of processed data
4 except in a manner consistent with applicable antitrust
5 laws.
6 RESPONSIBILITIES OF THE SECRETARY
7 SEC. 403. The Secretary, in consultation with appro-
8 priate Federal agencies, shall be responsible for protection of
9 national security interests and adherence to international ob-
10 ligation of the United States which are relevant to operation
11 of private land remote sensing satellite systems, including-
12 (1) responsibility for all land remote sensing ac-
13 tivities of nongovernmental entities of the United
14 States;
15 (2) liability for damage caused by space objects
16 under registration or license by the Federal Govern-
17 ment; and
18 (3) registration with appropriate international au-
19 thorities of all objects launched into space by nongov-
20 ernmental entities of the United States.
21 AUTHORITY OF THE SECRETARY
22 SEC. 404. In order to carry out the responsibilities
23 specified in this title, the Secretary may-
24 (1) inspect the facilities or financial records of
25 any licensee under this title; and
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1 (2) provide, within the licenses or regulations
2 issued, for penalties for noncompliance with the re-
3 quirements of such licenses or regulations issued under
4 section 405 of this title, including termination, modi fi-
5 sjtion or suspension of a license and civil penalties not
6 to exceed $10,000.
Each day of operation in violation of such licenses or regula-
tions shall constitute a separate violation.
9 REGULATORY AUTHORITY OF THE SECRETARY
10 SEC. 405. The Secretary may issue regulations to
11 farry out the provisions of this title. Such regulations shall
12 (be promulgated only after public notice and comment in ac-
13 ordance with the provisions of section 553 of title 5, United
14
15
16
States Code.
AGENCY ACTIVITIES
SEC. 406. (a) A private sector party may apply for a
1 license to operate a civil land remote sensing system which
1 utilizes, on a space available basis, a civilian United States
Government satellite or vehicle as a platform for such system.
2 The Secretary, pursuant to the authorities of this title, may
21 license such system if it meets all conditions of this title
22 and-
23 (1) the system operator immediately reimburses
24 the Government for all related costs incurred with re-
25 spect to such utilization, including a reasonable and
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1 proportionate share of fixed, spacecraft, data transmis-
2 Sion, and launch costs; and
(2) such utilization would not interfere with or
4 otherwise in any way compromise intended civilian
5 Government missions, as determined by the agency re-
6 sponsible for such civilian satellite.
7 (b) The Secretary may offer assistance to private sector
8 parties in finding appropriate opportunities for such
9 utilization.
1 (c) To the extent provided in advance by appropriation
1 Acts, any Federal agency may enter into agreements for such
1 utilization if such agreements are consistent with such agen-
3 cy's mission and statutory authority, and if such remote
4 sensing system is licensed by the Secretary.
15 (d) The provisions of this title shall not apply to any
16 activity carried out by the National Aeronautics and Space
7 Administration pursuant to its authority under title IV of the
8 National Aeronautics and Space Act of 1958 (42 U.S.C.
9 2481 et seq.).
0 (e) Nothing in this section shall affect the authority of
1 the Federal Communications Commission to assign radio
2 frequencies pursuant to the Communications Act of 1934 (47
23 U. S. C. 151 et seq.).
24 TERMINATION
25 SEC. 407 The authority granted by this title shall ter-
26 minate 20 years after the date of enactment of this Act if no
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1 private sector party or consortium has been licensed and con-
2 tinues in operation under the provisions of this title.
3 TITLE V-CONTINUED REMOTE SENSING
RESEARCH AND DEVELOPMENT
5 FEDERAL RESEARCH AND DEVELOPMENT
6 SEC. 501. (a) In order to preserve the worldwide leader-
7 ship of the United States in remote sensing technologies and
8 applications, the Administrator of the National Aeronautics
9 and Space Administration is-
10 (1) directed to continue and to enhance remote
11 sensing research and development activities, and is en-
12 couraged to conduct experimental remote sensing pro-
13 grams and to develop remote sensing technologies in
14 support of its mission; and
15 (2) authorized and encouraged to-
1 (A) conduct such research and development
1 in cooperation with other public and private re-
1 search entities, including private industry, univer-
1 sities, other Federal agencies, State and local gov-
2 ernments, foreign governments and international
2 organizations; and
2 (B) enter into arrangements (including joint
2 ventures and cooperative agreements) which will
24 foster cooperation and advance the state-of-the-art
25 of remote sensing technologies.
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(b) In order to preserve the worldwide leadership of the
United States in remote sensing technologies and applica-
tions, the Secretary, the Secretary of the Interior and the
Secretary of Agriculture-
(1) shall continue research in applications of
remote sensing data, monitoring of the Earth and its
environment, and the development of technologies for
such monitoring; and
(2) are authorized and encouraged to-
(A) conduct such research and development
in cooperation with other public and private re-
search entities, including private industry, univer-
sities, other Federal agencies, State and local gov-
ernments, foreign governments and international
organizations; and
(B) enter into arrangements (including joint
ventures and cooperative agreements) which will
foster cooperation, advance the applications of
remote sensing, and enhance monitoring activities
and technologies.
(c) In order to preserve the worldwide leadership of the
United States in remote sensing technologies and applica-
3 tions, other Federal agencies are encouraged to conduct re-
24 search and development programs in remote sensing if such
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1 programs are consistent with the authorized missions of such
2 agencies.
3 USE OF EXPERIMENTAL DATA
4 SEC. 502. Data gathered in Federal experimental land
5 remote sensing programs may be used in related research and
6 development programs funded by the Federal Government,
7 including applications programs, but not for commercial uses
8 or in competition with private sector activities, except as per-
9 mitted by section 503 of this title.
10 SALE OF EXPERIMENTAL DATA
11 SEC. 503. Data gathered in Federal experimental land
12 remote sensing programs may, by means of a competitive
13 process, be sold en bloc (consistent with national security in-
14 terests and international obligations of the United States) to
15 any United States entity which will market the data on a
16 nondiscriminatory basis.
17 TITLE VI-GENERAL PROVISIONS
18 NONDISCRIMINATORY AVAILABILITY OF DATA
19 SEC. 601. (a) Unenhanced land remote sensing satellite
20 data generated by any system operator under the provisions
21 of this Act shall be made available to all users on a nondis-
22 criminatory basis, in accordance with the requirements of
23 this Act.
24 (b) For purposes of this title, the term "system operator"
25 means a contractor under title II or III or a licensee under
26 title IV of this Act.
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1 (c) Any system operator shall make publicly available
2 the prices, policies, procedures and other terms and condi-
3 tions (but not the names of buyers or their purchasers) upon
4 which the operator will sell such data. `%*:D
5 ARCHIVING OF DATA 11
Vw
SEC. 602. (a) It is in the public interest for the United
States Government to-
8 (1) maintain an archive of remote sensing satellite
data for historical, scientific and technical purposes,
including long-term global environmental monitoring;
(2) control the content and scope of the archive;
121 and
1 (3) assure the quality and continuity of the ar-
chive.
1 (b) The Secretary shall provide for long term storage,
1 maintenance and upgrading of a basic, global, land remote
%
1 sensing data set (hereinafter referred to as the "basic data
1 set') and shall follow reasonable archival practices to assure
1 proper storage and preservation of the basic data set and
2 timely access for parties requesting data. The basic data set
2 which the Secretary assembles in the Government archive
2 shall remain distinct from any inventory of data which a
23 system operator may maintain for sales and for other pur-
24 poses.
25 (c) In determining the initial content of, or in upgrad-
26 ing, the basic data set, the Secretary shall-
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(1) use as a baseline the data currently archived;
2 (2) take into account future technical and scientif-.
3 is developments and needs;
4 (3) consult with and seek the advice of users and
5 producers of remote sensing data and data products;
6 (4) consider the public's need for data which may
7 be duplicative in terms of geographical coverage but
8 which differ in terms of season, spectral bands, resolu-
9 tion, or other relevant factors;
10 (5) include, as the Secretary considers appropri-
11 ate, unenhanced remote sensing data generated either
1 by the Landsat system, pursuant to title III, or by
1 licensees under title IV of this Act; and
(6) include, as the Secretary considers appropri-
ate, data collected by foreign ground stations or by for-
(d) riginal data (or copies such data shall on
0
sell all data that the operator provides to the United States
request, be made promptly available to the Secretary by any
4Lkki
9 system operator in a form suitable for processing for data
0 storage, maintenance and access. The Secretary may (subject
1 to the availability of appropriations) pay to such system oper-
2 ator reasonable costs for reproduction and transmittal of any
3 such data.
4 (e) Any system operator shall have the exclusive right to
eign r mo sensing atellite systems.
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1 remote sensing data archive for a period to be determined by
2 the Secretary, but not to exceed 10 years from the date the
3 data are sensed. In the case of data generated from the Land-
4 sat system prior to the implementation of the contract de-
5 scribed in section 202(a) of this Act, any contractor selected
6 pursuant to section 202 shall have the exclusive right to
7 market such data on behalf of the United States Government
8 for the duration of such contract. A system operator may re-
9 linquish the operator's exclusive right and consent to distri-
10 bution from the archive before the period of exclusive right
11 has expired by terminating the offer to sell particular data.
12 (f) After expiration of such exclusive right to sell, or
13 after relinquishment of such right, the data provided to the
14 United States remote sensing data archive shall be in the
15 public domain and shall be made available to requesting par-
16 ties by the Secretary at prices reflecting reasonable costs of
17 reproduction and transmittal.
18 (g) In carrying out the functions of this section, the Sec-
19 retary shall, to the extent practicable and as provided in
20 advance by appropriation Acts, use existing Government
21 facilities.
22 NONREPRODUCTION
23 SEC. 603. Unenhanced land remote sensing data gener-
24 ated by any system operator under the provisions of this Act
25 may be sold on the condition that such data shall not be re-
26 produced and disseminated by the purchaser.
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1 REIMBURSEMENT FOR ASSISTANCE
2 SEC. 604. The Administrator of the National Aeronau-
3 tics and Space Administration, the Secretary of Defense and
4 the heads of other Federal agencies may provide assistance to
5 operators of remote sensing systems under the provisions of
6 this Act. Substantial assistance shall be reimbursed by the
7 operator, except as otherwise provided by law.
8 ACQUISITION OF EQUIPMENT
9 SEC. 605. The Secretary may, by means of a competi-
10 tive process, allow a licensee under section 401 of this Act or
11 any other private party to buy, lease, or otherwise acquire the
12 use of equipment from the Landsat system, when such equip-
13 ment is no longer needed for the operation of such system or
14 for the sale of data from such system. Officials of other Fed-
15 eral civilian agencies are authorized and encouraged to coop-
16 erate with the Secretary in carrying out the provisions of this
17 section.
18 RADIO FREQUENCY ALLOCATION
19 SEC. 606. (a) Within 120 days after the date of enact-
20 ment of this Act, the Federal Communications Commission
21 shall determine. the frequencies for use by United States
22 Landsat and commercial land remote sensing satellite sys-
23 tems. In making such determination, the Federal Communi-
24 cations Commission shall seek the comments of the Secretary
25 or the Secretary's designated representative.
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1 (b) It is the intent of Congress that the Federal Commu-
2 nications Commission allocate to any licensee under title IV
3 of this Act access to Government radio frequencies and other
4 civil radio frequencies appropriate for land remote sensing
5 within 120 days of the receipt of an application for such
6 access. If final action has not occurred within 120 days of
7 the receipt of such an application, the Federal Communica-
8 tions Commission shall inform the applicant Of any pending
9 issues and of actions required to resolve them.
10 (c) The Federal Communications Commission shall
11 without prejudice permit the development and construction of
12 any United States land remote sensing system (or component
13 thereof) while any frequency determination is being made.
14 (d) Frequency allocations made pursuant to this section
15 by the Federal Communications Commission shall be con-
16 sistent with international obligations and with the public
17 interest.
18 CONSULTATION
19 SEC. 607 (a) The Secretary shall consult with the Sec-
20 retary of Defense on all matters under this Act affecting na-
21 tional security. The Secretary of Defense shall be responsible
22 for identifying and notifying the Secretary of those national
23 security concerns of the United States which are relevant to
24 activities under this Act.
25 (b) The Secretary shall consult with the Secretary of
26 State on all international matters arising under this Act. The
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1 Secretary of State shall be responsible for identifying and
2 notifying the Secretary of those international obligations and
3 commitments of the United States which are relevant to ac-
4 tivities under this Act.
5 (c) Appropriate Federal agencies are authorized and en-
6 couraged to provide remote sensing technology and training to
7 developing nations as components of programs of internation-
8 al aid W 66.of
9 (d) If, as a result of conditions imposed on a system
10 operator based on national security or international obliga-
11 tions or policies, the Secretary (in consultation with the Sec-
12 retary of Defense or the Secretary of State, as appropriate)
13 determines that additional or development costs will be in-
14 curred by such system operator, the Secretary may require
15 any agency requesting the imposition of such conditions to
16 reimburse the system operator for such costs, excluding an-
7 ticipated profits.
8 AMENDMENT TO THE NATIONAL AERONAUTICS AND
19 SPACE ADMINISTRATION AUTHORIZATION ACT, 1983
20 SEC. 608. Subsection (a) of section 201 of the National
21 Aeronautics and Space Administration Authorization Act,
22 1983 (Public Law 97-324; 96 Stat. 1601) is amended to
23 read as follows:
24 "(a) The Secretary of Commerce is authorized to plan
25 and provide for the management and operation of civil remote
26 sensing satellite systems, which may include the Landsat 4
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1 and 5 satellites and associated ground system equipment
2 transferred from the National Aeronautics and Space Ad-
3 ministration; to provide for user fees; and to plan for the
4 transfer of the operation of civil remote sensing satellite sys-
5 tems to the private sector when in the national interest. '
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