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-RDP05T02051R000200260008-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 68
• Document Creation Date: December 22, 2016
• Document Release Date: August 5, 2011
• Sequence Number: 8
• Publication Date: April 10, 1984
• Content Type: REGULATION

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98TH CONGRESS
2D SESSION
Calendar No. 891
. 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 That " A4 wway ay be e4ed " #~he "Lan Remote Se C~;
4 Aet of 1984".
5 9 ,
6 ,AND
7 FiN%Nes
8 SrEc. 10 The Congers finds and deelaree that
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1
(4) the continuous eivilian collection aa4 utiliza
2
tienof la space is of major
3
benefit. in fa m g the Eafth's natural resources a *d
4
in planning of conducting wry outer des of eee-
5
nomie impertaeee;
6
(2) the national interest of the United des lies
7
in
leader in eiiil rmete
8
sensing and in broad p
eting the beneficial use of
9
metesensing "ter;
10
(9) lead
by the Geveffffne of pr-i-
11
ate parties of the wed States affects intefnatiena4
12
a itments aad policies aad national see
y eon
13
eerns of the wed States;
14
(4} the broadest and most beneficial use of 6a4
15
data is likely to result from fflaintAIRM-Im
16
a pokey of nendisefiminater-y access to data;
17
(5; use of laed data has been in-
18
hibited by slew met development aad by the laek of
19
assurance of data eentkittity;
20
(6) the private seater, and in particular the
21
"value armed" indttstr-3, is beet suited to develop land
22
r-emote sensing data markets;
23
(7) vigorous, eempetitive
private
24
seater involveme in land
eau lead to
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1 rapid realization of the potential benefits of that teeh-
2 nology;
3 (8) to utilize fully the strengths of the private
4 seater, any process of eommer-eialization of land
5 involve the maxims praetiea
6 We eemp }ae4thee3iniffluni P64h in duration and
7 amount) Govemme subsidy;
-' pr-aetieable 8 (9) &t he present time, it io unclear that the i-
9 vate seems alone will develop a total
10 ing stem beeause of the high risk and large capital
11 expires invelved;
12 40~ eeoper-ation between the Federal Goverment
13 and the private seater can help assure both data eenti
14 nuity and United States
15 44; the time is new appropriate to initiate such
16 cooperation with phased transition to a fully eenimer
17 eie4 system;
18 4-2) cooperation between Government and the
19 }mate seater in ei should be
20 structured se ae to direction and
21 rely and maxi ize private seater involvementr,
22 (4.8) never-thelees-, certain Govern t oversight
23 must he maintained to assure that private sector aetivi
24 ties are in the national interest and that the interna
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1 banal eeffifflitme and policies of the wed States
2 afe henef-04; Rftd
3 (443 there is tie eempelling reason to commercial
4 i$e meteorological satellites at this time.
5 P;UBPE)SES
6 40-2-.14 is therefore the puppose of this Aet
7 (13 to guide the Unite des GevemHne in pr,&-
8 meting fag-, pfempt, and proper- involvement of the pri-
9 late seeter in eivil land from spaee;
10 (2 to ffiftifitain the United States leading position
11 in e , preserve ite natiefieA seems
12 and fulfill ito ifiteffifttiefift4 Obligations;
13 (3 to preseAe ems ?er assug e0fitifittity
14 of eivil land data while pr-oteeting
15 pie and private nendisefiwAftstor-y aeeess to these
16 data;
17 (4) to minimize the duration and amount of any
18 further Federal kwestment that might be necessary to
19 achieve ?i ll eeffflner-eializatien of eii4 land remote
20 sensing; and
21 (5) to prohibit eeffHner-eieAizatien of
22 satellites at this time.
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1 e
2 4$3. W t sha he the policy of the :gaite States
3 to preserve its fight to acquire and disseminat-e dal
4 data.
5 b) 14 eha-H be the policy of the Unite States that eiva-
6 iaadigital data he e eavagableto alpe-
7 tential users on a nendiser-ifninater-y basis.
8 (e) 14 sha be the Vehey of the Unite States both to
9 eemmer-eia these space ?tmetiees timt
10 properly kend themselves to private sector operation aa4 to
11 avoid competition by the such eeeiffier-eial.
12 operations, wh4e continuing to preserve ow national seeuri-
13 ty to honer etir ' , and to retain in the
14 Goveffime these r-emete sensing functions OwA ape
15 tially of a publie service nature.
16 BEFINITIEWS
17 S*o- 404- Per purposes of this
18 (44 The term "digit data" means
19 the tmpfeeessed and nay preeessed signals eel-
20 looted from ei spaee systems of erigi
21 na4 film products eelleeted from such systetns. Stwh
22 minimal processing s be limited to r-eetifieation of
23 respect to
24 features on the Earth, and of spectral re-
25 sponse. SffA term does net i elude eenelttsiefis7 manip
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1 ulations, of ea4etAatiefta derived from such signals of
2 combination of tho signals with et of iigofgffi&
3 Lien: mess otherwise limited, digs
4 data includes laird and ocean sensed data.
5 (-2} The term " eeretary" means the Secretary of
6 Commerce.
7 (8)(A) The term on a nondisefiminstofy basis"
8 means without pre?erenee, bias; of axy ether special
9 affmgeme regarding delivery, format, ?inaneing, or
10 teeh*iea4 eensider-ati which would favor one buyer
11 of Blass of s over a-Bether,
12 (9) The sale of data is made on a nendiserimina
13 tery basis enly if (i any offer to sel4 or deliver data is
14 publishe in advance in such manner as will ensure
15 that the offer is equally available to all prospective
16 buyers; (i4 the system operator has net established Of
17 changed any pokey, preeedun, of ether term of
18 eendition in a manner which gives one buyer of class
19 of buyer de facto favored aeeess to data; and (iii) ie a
20 ease where a system operator offers volume diseeutnts,
21 such discounts are ne greater than the defnenstr-s
22 reductions in the east of such sales. Pie sale of data
23 on a nendisefiminmefy basis does net preclude the
24 system operator offering discounts ether than Veltiffle
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1 discounts to the extent that ffl*eh diee s are not in-
2 esfisistent with a other provision of this
3 (49) The sale of data on a nendisefiminatefy basis
4 does nnet require (3 gnat a system operator disefese
5 names of buyers er the4 purebases; (i3 that a item
6 operator maintain alh or any particular subset of-, data
7 in a working inventor-y; or (44 that a system operator
8 expend eqt effort in developing all segments of a
9 market.
10 (4) The term Landsat system" means La-adsat 4
11 4 and &; an4r-elate gr-ound e"ipment, systems,
12 and faei ities, and any saeeesser ei remote
sens-
13 ing satellites operate by the United States fern
14 ment prier to the eemmeneeffient of the sear per-io
15 deseribed in seetion 302(b)(2).
16 () The term i9system mater" means a eentrae
17 ter under- tithe $ of a license bolder under title
18 TIT16E 14 CONTRACT FOR EX49TING LAND
19YSTEM
20 6ON9PH-.A-(39P
21 mac} 204-. (a} In accordance v4th the of
22 this z4et; the Seeretary sly subjeet to the availability of
23 tberefer, contract a United States private
24 seater party (as defined by the Secretary) to market digiW
25 tepenning data generated by the Lmdsat system. If the
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1 Seems detentes that competition ?ef such contract will
2 promote the policies and p eves of this the Secretary
3 ry accept proposals fer such contract which ineWde the op-
4 oration by such United States private sector party of F4 the
5 space component of the La sat system, (2) the related
6 grew equipment, systems, a facilities, of (8) both such
7 space component a each related eq*ment, systems, fed
8 ?aeilities.
9 b) A contract awarded under rsubseetieft (a) shall be
10 aiwafded, after eempetition, iii aeee ee with the ee ions
11 of section 203. Such eee et iay he r-eawffde eempeti
12 tively after the practical demise of the space segment of the
13 Lmdsat systeffl, as deter by the
14 (e3 Aiiy contract authorize by subseetien (a)-
15 44 shall not pewit the transfer to any contractor
16 of tittle to anypaitof all of the Landsat system; and
17 (2) ffmy specify that the contractor ttse; a*&, at
18 his own expense, maintain, repay or modify elements
19 of the Lamdsat system as the contractor ? s necessary
20 fer eeffffaer-eiftl operation
21 (d) as a result of the competitive process required by
22 subsection (b)the Secretary receives no proposal w ieh he
23 finds acceptable ender the ems of this A-et-, the Seem
24 tacy shall ee certify and fully report his findings to the Gen-
25 greys. y days after se and reporting, the See-
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1 mtar-y ffmy reopen the eempetitiefi-. If ae aeeeptable prepes
2 ale aie received aftff sueh subsequent eetpetition,, of if the
3 Secretary deeides not to reopen the eempefifieff,- the Seeme
4 t shalseeer-* aadfully report hie ? gstethe6on
5 grass. Ia the event th&t no acceptable proposal is received,
6 the Secretary s eentinue to operate the Laadsat system
7 *ad to market data from such seer.
8 (e; Ia defining "Unite States private seater part ?er
9 purposes of subsection (a}; the Secretary ffmy take into ae-
10 count the citizenship of key personnel, leeatiea of assets, ?er-
11 eiga owner-ship-, eentrol, aa4 influence, and ether such
12 ?aetors.
13 iE OF DATA
14 SEA Fa4 The United States Gever-fffne nt shall
15 retain We to nay and all data generated by the Lanflsat
16 system. However after the date of the eemmetteemefit of the
17 contract described in section 201(a), the contractor shall be
18 entitled to revenues ? a sales of copies of data from the
19 Landsat system, subject to the ee ions specified is sections
20 901 and 60 of thie Apt.
21 (6} The contractor may continue to market data previ-
22 ouslygenerate dby fiheLmdsat system aftef the demise of
23 the space segment of that system.
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1 e9 6#8 OF 8OMPH9PI9P POD ee CT
2 (a The Secretary of G eree shall-, as past
3 of his advertisem ?er the eempetitien ?er the contract a--
4 thorieed by seetiee rti aed wish the intematieft
5 obligations,. national seedy eeneerxs (witk pre-
6 teetiee of sensitive , deeaestie legal eeesider
7 atieeo and any eta etmda-fds of ev ens whisk a private
8 contractor shall be required to meet.
9 (b) hq seleeting a contractor tmder- this t the Seem
10 tar-y shall eensiQer
11 (43 ability to ffia-r-ket 4y digital remote
12 sensing data,
13 (24 the best overall financial r-ettff% to the Govem
14 wont, jig the potential savings to the Govem
15 ment;
16 () ability to meet the obligatiefts-, eeneerno,
17 standards; and ems identi?ied ender subseetion
18 (a-)-;
19 (44 technical epee, ineluding the ability to
20 assure amity and tress of data from the Lmd
21 sat system;
22 (5) abseeee of any earfliets of interest whisk could
23 ifthibit nen&er-iminater-y assess to seeh dafia;
24 (6) any to effect a smooth tf-ansitieft with the
25 contractor seleeted under title i of this Act; and
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1 (74 such ether ?aetors as he deems appiate.
2 N GROtTND STATIONS
3 SBe-. 204, (a) The contract tinder this title ehall provide
4 that the ewer 964 set so the agent of the Secretary by
5 eentintting to supply data to foreign
6 grexnd stations fer the life-, and according to their terms, of
7 these agf-eementa between the meted States
8 and such foreign ground stations that are in force on the date
9 of the eeffiffieneeffient of the eentraet.
10 (b) lion the expiration of such agpeeffiefits-, of in the
11 ease of foreign ground stations that have no agreement with
12 the United States on the date of eeoh%eneement of the eon-
13 traet, the contract shall provide
14 (} that digital remotesensing data from the
15 Landsat system shah he made available to foreign
16 ground stations only by the eentr-aetor; and
17 (2) that such data shall be made available on a
18 basis.
19 TITLE TTT PROVISION 8F DATA CONTWU TY
20 ]PERIOD
21 PURPOS AND DRfPiNFH8*B
22 (a) It ie the purpose of this title
23 (- to provide, in an ei-deAy manner- and with
24 minimal risl for a transition between rover ~t e--
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
12
oration e pfivate, commercial operation of ei4 4 lam
Systems; fifld
(~ to ipt-evide ?ei' the eefttkittty of AIM data ?ef
six yearn a the pretieal demise of the wee seg-
ment of the Landsat system.
( eyes of title
(4) the term "Multi Spectral Sewer" means the
instfuffient re?ered to by that name aid carried off the
Lend sat 4 aid Landsat b satellite aid
(2 the term "MSS data" means digital e
seesing data wrier, from the point of view of a data
eser-, aae
( equivalent to data from the
Multi Speetral Seaeeer fffi4
(9) compatible with data and with equipment
used to receive and proeess data fi&Offi s
Scanner.
6ONTRA&F DATA AND eONTiNIIUiFY
S$o- 90-2-. (a) lijeet to the availa-bility of
apprepria
tieee therefor- and to the licensing
ender title W the sly aftef eempetition, eon
tract with a Unite mates private sector party (.&a defined by
the pursuant to seefiiee 201) ?er the prevision by
such y of the capability of generating data of a qtta4y at
eqtta4 to theque4yof data and of Selliftga
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1 delivering etwh data to the Federal Government The eapa,
2 y s#a Vie, at $ ittimum, the capability to generate
3 ftnd deliver 488 4a~& ftt fiheafinttal veittmeof Feder-a4 usage
4 during fiscal year 4958, ae determined by the The
5 capability may be provided by the eeetmeter using whatever-
6 teeknelegieff the eefttr-aeter ffiay seleet. In fir, the een-
7 t meter- ffmy e available data of a higher "a4ity of of a
8 different type than 499 data.
9 (6) The contract armed by sebeetion (a)-
10 (44 s be entered into ae seen as pr-aetieableT al-
11 lowing ?er the competitive process;
12 (2) s in accordance with criteria determined
13 and pttblished by the Seeretary, reasonably assure the
14 pre iee of the capability desc=ried (a)
15 fer a period of ei* years, beginning as seen as praetiea
16 We in order to minifftize any inteffuption of data
17 ;
18 4) eha4 terminate one year after the expiration of
19 the six year period deseribed in paragraph (2)
20 (4) m sweet to seetien 4" of the Federal
21 Property and feet of 1949 (44
2 2 UDC : 265)-, provide ?ef a payment by the Secretary
23 to cover a portion of the capital eest of providing snefr
24 capability, which may be paid in installmefitff (A4 based
25 on progress prier to the beginning of the six-year
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1 period deserihed in paragraph (2) aad (9) the sum of
2 whieh shall be less than the total east of pr-eettfin the
3 stem rewired to assure the capability ?er sin years;
4 (5)s theA sale of digital
5 ig data shall be in accordance the previsions of
6 seetiee 848 of trio
7 (6) shall not provide ?er any guaranteed data pur-
8 ehases by the Fedem! ; and
9 (~ ffmy provide that the contractor utilize, oft a
10 spaee available basis, a
11 plat?erms for a eivil satellite stem,
12 if--
13 (A) the reimburses
14 the Govemme ?er all related nests incurred with
15 respeet to ouch utilization, itteluding a reasele
16 and proportionate share of fixed spaeeer-aft, data
17 , and launch nests; and
18 (9) such utilization would net interfere with
19 Of etherwise in any way eenrpro the intended
20 civilian Government missions, as Bete ned by
21 the agency responsible ?er the civilian satellite.
22 (e) The contract aHther-ise by subseetion (a) shall be
23 awarded on the basis of-
24 (4) the eest to the Govemne of the payment
25 ewers seetion (b)(4);
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1 (~4 the reliability technical eempeteaee, and ?i-
2 naneial eendition of the
3 (9) theeen4aeter-'a abilityto develop the remote 4 sensing data market;
5 (4) the eentraetef'a ability to supplefaent basic ea-
6 pities speeded in section ) by adding rernete
7 capabilities (at the eentraetor's expense and
8 consistent with natiena4 seewity esneerns) which nain-
9 tai lUnited states leadership ,
10 (Q the contractor-s ability to meet the e0fiditiefis
11 ?er obtaining a license under We AL,
12 (6} the ability to provide digital
13 remotesensing data on a timely and reliable basis;
14 (74 the ability to of feet a smooth traH
15 sitien vAth any contractor selected under title $;
16 (8) the royalty of profit of ar-
17 , er ether such offered
18 to the Federal GoveffffnefA-; and
19 (8) such ether factors as the Secretary deems ap-
20 preprint
21 (d) as a result of the eempetitive process rewired by
22 subsection (a-) the Secretary receives no proposal which he
23 finds aeeeptable under the eenditions of this -et, the Seem
24 tart' shall se certify and fully report his findings to the bee-
25 grass. arty days after se certifying and report g, the See-
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1 rotary ffmy reopen the eempetition.. 14 no aeeeptable propon
2 ale are received after stteh s4sequent eompetition-, or if the
3 Secretary decides not to reopen the eempetition-, the Seere
4 t shall so eer-t and ?el t his ? ge to the bee-
5 greso Ninety days after so certifying and reporting, the See-
6 rotary is authefized to assure MSS data continuity by pro-
7 B ement and operation by the Federal Govemne of the
8 neeessa systems, sweet to the of ~
9 tiers there?er. Such procurement and operation may include
10 generation of data of a higher qual4y than MSS data.
11 BA13H OF DATA
12 SHe, 303- (a) The contractor selected under section 8e
13 shall sell data in accordance with the pr-e-visions of sections
14 and3Welthis
15 (h) Affiy Bale of digita4 r-emete sensing data by the een
16 tractor to Federal agencies shall be on a s
17 basis; with the additional eendition that at least 6 per eentunt
18 of the price of each such sale shall be rebated to the Gevefn
19 ment and thereby reduce the total net eoet to the Govern
20 meat) as a royalty payment to the United Mates Treasury.
21 Such royalty shall be reed during the life of the
22 contract a ecd in section 302, of until such time "the
23 cumulative total of such royalty payments equals the value of
24 any payment made to the contractor by the
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1 tmder- seetion 3020(4), whichever fist eeeuf s: Data saes to
2 non ? buyers shall fret he subjeet to such a rebate.
3 (e) After the six year per-io deser-ibed in section
4 302(b)(2), the contractor ffffiy eentinue to sell data a4 if
5 lieensed tmder- title P of this Aet, to operate a eivil remete
6 sensing spaee system.
7 REPORT
8 : 804, Two years after the 4ate of the eefwnenee-
9 ment of the six year per-io desefibed i t seetion 302(b)(2) the
10 Secretary shall report to the President an4 to the Conger
11 on the progress of thetransition te? private fifieffieing,
12 and operation of spaee systems,
13 together with and r-eeeffflnendatiens ?er aetions, ifteludiftg ae-
14 tines neeessa to ensure United States leadership in eivilian
15 la*td r-emete sensing from spaee.
16
TITLE IV
LICENSING OF P
RWATE
REMOTE
,
I
17
SENSING SPACE SYSTEMS
18
GEN
19
SEe. 404, The Secretary is atttherized, after eensttlta
20 tie* with other Federal ageneies, to grant, stts-
21 pend-, ntodify, of revoke licenses tmder- this title, and to take
22 any other such actions as he deems necessary in order to
23 carry ettt the p isions of this title.
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1 eONDITIONS FOR OPERATION
2 fie. 492 (a3 No private seater paf~y ffmi-y operate any
3 spsee system whieh is sxbjeet to the jurindie
4 t op control of the JJf&e States (ae determined by the
5 Secretary) vAthout a lieeese p ant to section 403.
6 (I Any license issued pursuant to section 408 sha-H be
7 subject to the ?ollev-ng eexditiaes!
8 (44 Pie system ehallbe operate din ffitelrmaaner-
9 as to preserve and promote the decal seee y of the
10 United States and to observe and implement the inter
11 national obligations of the United States.
12 (2) Dig al data shall be made
13 available to all potential users on a
14 basis:
15 (3) No license issued der this title ehall protect
16 the lied from faif competition from other 14-
17 eenseholder-s.
18 (4) Any private seater party prepesing to be li-
19 conned undef seetiea 409 eh-4 agree, as a eendition
20 ?ei the receipt of stwh license; that pfief to disbanding
21 of tefminatiffit, operations wider the lieense, the linen
22 seheider- will e dispesition of any or-biting des
23 in a manner to the Wit.
24 (6; Any private sector party proposing to be 4-
25 eensed under seetien 403 droll agree, as a eondition
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1 ?er the receipt of such lieu to provide to the Seeme
2 tai' a data generated ter- such lieense whieh the
3 Secretary may request fer the pur-pese of a ng
4 pur-stian to section
5 (6) F er the purposes of ensuring compliance
6 the provisions of this Aet eaaee g
7 aeeess to data, any private sector p proposing to
8 be licensed ender seetion 404 eha4l agree, as a eendi
9 ties fef the receipt of such license
10 (M to notify the Seereta of fffly "value
11 ad4ed" activities (as de?ined by the Secretary by
12 reoatien) that Nvill, be eandueted by the lieensee
13 or by a subsidiary of affiliate of the lieensee; and
14 (9) to provide the Secretary with a plm for
15 the eenduet of such des w ieh will ensure
16 compliance vvM such provisions eexee g non
17 aeeess.
18 AUTHORITY OF THE SH6BETARIf
19 S*e-. 403. (a) a Secretary is auther-imed to license
20 qualified private sector parties to operate ei
21 spaee systems in accordance vvM the provisions of this Ant.
22 (b) Any lieense issued grader subseetieft (a) s he in
23 effect for such period as the Secretary ffmy speei?y.
24 (e) Any private sector y may apply to the Seer-eta
25 for issuaeee, transfer, or ter atiee of a lieense trader t ris
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1 title in a form ad manner by the Seeretary. Each
2 application der this seetiee shall set forth the activities
3 proposes to be carried ettt under the license, ineluding
4 tires taken to comply with these operating rements spec'
5 ifie4 in section 40W of this
6 (d~ No license 964 be granted by the Secretary mess
7 he determines in writing that the applicant will eemply with
8 the of this Aet-, the moations issued pursuant
9 to this aid the ' obligations aid national se-
10 ettrity concerns of the United States. The Seeretsr-y shall
11 review ate application aid male a determina thereon
12 within one htmdr-e end twenV days of the receipt of ae ap-
13 plieation.. 14 final action has *et occurred vAthin such time,
14 fiheSeer-etsfy sha4 k4effft the applieantof aeypending es
15 and of actions required to resolve them.
16 ~4 The Secretary may revoke, sttspefid, or modify a li-
17 eense issued under this title if the and
18 notifies the licensee in writing that the licensee has substan
19 tially ?ailed to eemply with any provision of this with
20 any regulation issued tinder this with any terms, eendi
21 tienrs; Of r-estrietions of such license, of with any intematien
22 obligation of national seedy eeeeere of the United States.
23 (4) Any applicant of lieensee who makes a timely re-
24 quest ?er review of a denial of issuance of transfer; reveea
25 tienr; suspension; ; of modification of a license
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1 shall be entitled to by the Seefetftfy OR the
2 reeord after an opportunity ?ef an agene hearing with fe-
3 speet to eueh denial, revocation, eenditioning,- or
4 medifieatieff, A" final action by the Secretary tmder- this
5 subsection shall be subject to judicial review under chapter -7
6 of title 6 United States beds
7 OF THE BROBETARIP
8 mac. 404. (a3 a Secretary ffiay issue r-egulations to
9 earn gut the Of this tine.
to (h) Regulationa issued by the Secretary under this title
11 shall he Pr-Offlulgat only after public notiee and ee ent in
12 accordance with the pro isions of section of title
13 United States Code.
14 OF THE SHeHHIFAH:F
15 SE: 405. (o Each lieense issued by the Seer-eta shall
16 require the licensee
17 4} to allow the Secretary of his designated offi-
18 eery to inspeet any financial of business records asseei
19 ated with metesensing of "value ?daea" aetivities,
20 and
21 (-24 to allow the Secretary of his designed e&
22 eery to inspect any space related of ground segment
23 hardware of software to he utilised by the licensee in
24
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1 (h) 14 is ?ef any person to violate any reg ula
2 tion of provision of any lieense issued under this Ai4-, to
e-
3 late a ` spaee treaty of implementing any space
y,
4 of to pr-$ventof kikibit the monitoring of remoto en@mg ae-
5 tivities of "-voAtte ?ddea" activities by the Secretary of his
6 designated o??ieers.
7 (e) Any person who after notice and opportunity to he
8 heard in accordance with title & kited States Code, is
9 found by the Secretary to have committed any net prohibited
10 by subseetieft 04 shall be liable ?e-r- a eivil penalty of net more
11 than $10,000 ?er each violation. Each day of eel e131-
12 oration inn violation shall eonstitute a separate vie6tien. The
13 e , fflodtfy , Of remit any such eivil
14 penalty.
15 (d) For the purpose of conducting any hearing trader this
16 section, the Secretary ffffiy issue subpenas ?ef any
17 doettments, er reeords, of ?er the attendance and testimony of
18 witnesses.
19 (e3 In carrying eat his enforcement resp the
20 Secretary may
21 (- eeize any objeet, record, of report where it
22 reasonably appears that such was used, is being used,
23 of is y to be used in violation of this of
24 (4) make ifivestigati and des and adminis
25 ter to of take from any person as oath affifT-natien or
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1 eemiee milmig amid mmia to walat:mg to the emi?4ee
2 mmiemit of thie Act.
3 (3 The Seems is authorize to to imiate my lieensed
4 orations on an immediate basis when it appears
5 Ow-t operation in vielatieft of any provision oft this
6 prevision of a license issued tinder this of of any obliga
7 tint of the United mates under a space treaty, wetrld be det-
8 metal to the national int.
9 HOLES
10 mac} 4063, (a3 A private sector party may apply fef a
11 lieemise to operate a space Systefft which ttti-
12 lSes, on a le basis, a civilian kited States
13 Gover-time satellite of vehiele as a platform ?er such
14 system.
15 (b The Seeretar , pursuant to the of this
16 # t license such system if it s all ems oft s
17 A-et-, amid if--
18 (4} the applicant agrees, as a condition ?em the re-
19 eeipt e? such lieense, to reimburse the Govenime im-
20 mediately ?er all related eests incurred respect to
21 such utilization, ineluding a reasonable amid proportion
22 ate share of fixed, spaeeera?t, data ? , amid
23 latmeh costs; and
24 (-~} such men wett! net interfere with of
25 apse compret tine the intemided Gem tmiis-
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1 siens, as Bete ed by the agency responsible ?e t fie
2 satellite or vehiele.
3 (e) Pie Spy fftay a assist ee to a sector
4 parties in ? g appropriate opper-tuniti ?er such
5
6 (4) Feder-&I ageneies are authorized to eel into agree
7 ments ?er such lion if such agfeementa are eons
8 with the ageney's mission, statttteFy auther-ity, ad appre
9 pfiatien Ae~ and if such spaee system is li-
10 eensed by the Sey..
11 (e) The previsions of thio section do not apply to aetiv
12 ties carried se ptff sttant to tifile
13 9PERMiNAINON
14 S*e-. 407. M ?iite years after the expiration of the sin-
15 year period described in section 802(b)(2), no private sector
16 party has been licensed an4 eontintted in operation under the
17 previsions of this fi the authority of this file small
18 tefffliflate.
19 TITS AND DEVELOPMENT
20 PURPOSE AND P01316'f
21 mac} 604,It is the purpose of this title to provide ?er a
22 eempfleheft eivilian program of r-esearel,
23 and deffienstfat to wee the United States eapabilities
24 ?er from spaee, as well as to wee the ap-
25 plieation and utilization of stte .
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1 FEDERAL HESBARelI AND
2 S*e-. &0-2,( 4_) Pie e the National Aer-
3 onauties tttd Spaee Administr- i& directed to esetifitte
4 aftd to enhance such A-aprograms of remete
5 ~g research m d development.;
6 (~) The is authorized axd effeettr-aged
7 to
8 (A-} een"et expo spaee
9 dcmon@tratiett pee-
10 grans aed baeie research a ttniver-sitie#
11 (R) develop ' atd teeh-
12 ~, ineludin these needed fer meeiter-ing the
13 Earth and its - ?t; a*d
14 (0) eentdttet welt research aad developffle in ee-
15 operation with cuter public aed private reeeareh enti-
16 ties; including private ~ it State aed
17 local , foreign gover-nm ts, aadnter-fia
18 tieaa! , sad to enter into
19 (ifteittding joint veattwes) which wiI4 foster such
20 .
21 (b)(1) The Secretary shag conduct a continuing pr-egr-
22 of--
;
23 (A researeh of r-emete sett
24 (R) monitoring of the Eafth sad its nt;
25 aa4
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1 (G) developme of technology for such monitor
2 i
3 (24 Stiek program inelude support of basic research
4 at univer-siti-es..
5 44 The may is autherize and encouraged to eee-
6 dtiet such researeh,, ffieniter-ingF ae4 developme in eeepera
7 tiee v4h other publie and private research entities, ifieloding
8 private indttstr-y, sitien State 'W?n4 leea
f 2IQ local ,
9 f o*4 inter-national , and to
10 enter- into affangeme (ieeg joifft e}es) whieh will
11 fester such e
12 (e) Other- dal agencies are authorize d aod eeeotrr
13 aged to eeedoet research and developffle on the use of
14 in fulfillment of atithefized ssio
15 using funds appr-opria for such par-poses.
16 (4) The Sew aod the Adfninistfa of the National
17 Aer-enatt aod Spaee s din one year
18 a?t>er the 4ate of enactment of this Aet aod biennially fiherea?
19 ter, jointly develop a'od transmit to the Congress ft report
20 which includes (4} a unified national pk* ?e
21 research and dde:velepme to the Em-th and its at-
22 mespher-e; (2 a compilation of progress in the relevant enge
2 3 ing research and developme pies of the Feder-it! agen
24 eies; and (4 an assessment of the state of ettr k ledge of
25 the Earth and its atmosphere,- the needs for additional re-
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1 Lek (~~ mseeweh related to operational Feder
2 r-emete sensing ec programs), and opportunities available
3
?ef der progress.
4
USE OF DATA
5
So-
Data gathered in Feder-al experimental space
6 remote sensing programs ffmy be used in related resear-eh
7 and developffient programs funded by the Federal Govern
8 n preg s) and cooperative fe-
9 search bat net ?ei ne a uses ei in eempeti
10 Lien with private sector activitizs, swept as pied by see-
11 Lien
12 8*11gpF
13 604. Data go t~~ in Federal ei n~al spaee
14 r-emete sensing programs fftay he sold en blee through a ee t
15 petitive process (eensi t
16 and
national seetir-i ~ interests
of the united States) to any
17
United motes entity which
l market the data en a nendis
18
basis
.
19
TiTLE Aq "N
RAT PROVISI
ONS
20
D*T
21
SEp 904, (a4 Any di
ital
d
t
d
g
a
a generate
22 by any system oper-atef der- fihe pr,
ions of this A4 Alft4
23 be made "aila-ble to all users en a
ry basis in
24 aeeef4anee the tff of this Ant:
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1 (b) A-fly system operator sha a Publiely ava
2 the prises, po ieie;s,, preeedures, aed ether terms ofd eomk
3 tioes (btit in accordance with section 104(g)(9); the
4 names of buyers of their purchases) urm wish the operator-
5 seh such data.
6 AReffiviNG O{ DATA
7 gBe, (a3 4 is in the public interest for the United
8 States Go nt
9 (-4 to maintain em archive of 10 satellite data for historical, seieeti?ie, aed technical
11 purposes ineittding longterm global
12 ;
13 2) to control the content aid scope of the fir-
14 chive; ark
15 (9) to assure the may, integrity, and continuity
16 of the archive.
17 (h} The Secretary shall provide for long ter- storage,
18 a and upgrading of a basic, global, land remote
19 sensing data set ( eater re?erred to a the basis data
20 sett and shall follow reasonable archival practices to assure
21 proper storage and preservation of the basis data set and
22 timely aeeess for parties requesting data. The basis data eet
23 which the Secretary assembles in the Gover-fime archive
24 shall remain diet from any inventory of data which a
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1 systefa operator may maintain ?er sales and ?er other
2 purposes.
3 (e) I* detenmiiiffig the initial content of er in u
4 the basin data set; the Secretary shall
5
(4) ttse ao a baseline the MSS data currently
6
archived;
7
(2) take 4" account future technical and scion
8
tifie developments and needs;
9
(-S) eenstAt mirM and seek - he advice of users a
10
producers of metesensing data ae4 da-,,a tea,
11
keeping the egress advised of such eentaets;
12
(4) consider the public's need for data which mad
13
be duplicative in terms of geogr-aphie Beverage bttt
14
whisk differ in terms of season, spectral bands, resoltt
15
Lion or ether relevant factors;
16
(5) include, as the Secretary deems ,
17
digital data generated either by the
18
Landsat system, pursuant to title
or by license
19
nd
h
ld
titl
d
ers tin
er
e a
o
20
(6) ineltide, oe he deems
, data collect
21
ed by foreign gretmd stations or by foreign remote
22
sensing space stems.
23
(d) 44 original data (or espies thereof) shall, on request,
24 be made promptly available to the Secretary by arty systefn
25 operator in a form suitable for processing for data storage,
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11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
30
a aeeess. The Secretary ie authefized (ettb-
jeetto the "ftila-bility of to Pe'y tostteh
system operator- re aonable Bests foi reproduction and trans-
mittal of any such data.
(e} Any systeffl operator- shall have the exelusive fight
to sell all data that the operator- provides to the United
States data archive for a peried to be deter
mieed by the Secretary bttt not to exceed test years from the
date the data are sensed. In the ease of data generated from
the La tdsat system prior to the kmflement of the eon
tract deseribed in section 201(a) of this A-et-, any contractor
seleeted pursuant to section Q(4 shall have the ewe
fight to ma ket such d*ta on behalf of the U-nite States -
erxment for the dwatien of such eentraet. A she t operator
n}ay relinquish his ewe right and eensent to
from the archive before the peried of exclusive right bee ex--
pired by tenRinating hie offer to sell particular data.
(4) After expiration of such ewe right to eelh er
after Ott ment of such right, the data provided to the
United motes data archive shall be it the
publie domain and shall he trade available to requesting par-
ties by the Secretary at prices reflecting reasonable Bests of
mpfe"eti and
(g3 1n eaffyi g out the functions of thin section, the See-
retary ffmy ttse existing facilities of ffmy contract with a pri-
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1 vate sector pares of parties ?ef the performance of such ? nc
2 do subject to the awtilAility of appr-epriati ere?er.
3
4 Se. 603 Digital metese g by
5 my systeffl operates under the provisions of thio Aet ffmy be
6 sell under the eendition that such data will ftot he repro
7 deeed of disseminat by the pur,
8 B op ReuiF-mEmp
9 604. (a The Mfnifiistr- of the National Aere
10 eauties and S iaee Administr-a4eff,- the Seer-eta of Defense,
11 and the heads of other- Federal agencies afe authorized to
12 provide assistance to system openers ender the previsions
13 of A-et-. SubstantieA assay such as launch serviees-
14 shall be reimbursed by the system operator-.
15 The Secretary way allow a licensee tinder- seetion
16 403, of any ether private sector pafty, to key of otherwise
17 acquire the ese of equipment k-offt the bmdsat system, when
18 such equipmeRt is no longer needed ?ef the opt of that
19 systefn ew ?er the sale of data ? em that system. Offieials of
20 othef Federal eivilim ageneies awe authorized and eeeeur-
21 aged to eeepefate with the Secretary in carrying eat this
22 subseetion..
23 RADIO
24 mac. 605. Ike Feder-&!
25 and the Seer ary afe efteour-aged to alleeate to any license
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1 holder under- title P of this Ant aeeess to Government radio
2 fr-equeneies and other eiiil radios appropriate fff
3 spaee systems in a tin y manner eensistent
4 wM inter-nation obligations and the national inter-est.
5 eONSULTATHW
6 SE~e, 906, W The Secretary shall eonsult the See-
7 rotary of Defense en atl matters under this Aet affeeting
8 tional seen y. The Secretary of Defense shall be r onsible
9 ?er detemifAfig these eon consistent this
10 neeessa to meet national seewity eoneefns of the United
11 States and ?er- notifying the Secretary promptly of such
12 eofiditieffs.
13 ) The Secretary shall consult the Secretary of
14 State on all matters der- this Aet affecting '
15 obligations.. Pie Secretary of State shall be responsible fef
16 deteminifig these col consistent this neees
17 say to fneot international obligations and policies of the
18 United States and ?er notifying the Secretary ply of
19 such conditions.
20 (~} The Secretary of State is authorized and encouraged
21 to provide lam r-emete sensing data, technology, and traiieing
22 to developing nations es ft component of of interns-
23 tional aid-.
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1 (~} The Seeretar-y of State gia4 prompt! report to the
2 Secretary axy i ees outside the Mates of diser-iffli
3 of data.
4 (e) I ee e msttlt of conditions imposed ee e systeffl
5 operator ee the basis of national a oh-
6 ligations of policies, the Sew ( the
7 Spy of Defense of the Seems e? State, as the ease
8 ffmi-y be) deter-mines that additiefial masts wi4 be ifietwr-ed by
9 the system operator, of that past developme meets (ifielttd
10 ing the eest of eapital) wiI4 net be recovered by the system
11 eater, the Secretary ffffiy require the agency or agencies
12 requesting ffiteh eenditions to reimburse the system operator
13 for such additiettal or developme masts, exec antiei
14 paced profits.
15 q~o N~~ AND SP*eR
16 , 198-3
17 S$e: Subseetion (aa of section of the National
18 Aer-enatttiea and S iaee , 1983,
19 is amende to read as fellows:
20 "(e) The Secretary of w ee is hereby attther-ized to
21 plan and provide for the manageme and operation of ei
22 space systems, whieh may inelude the Lan
23 sat 4 and & satellites and asseeiated ground system e -
24 eat t-r? from the National and Space
25 ; to provide for Meer ?ees; and to pla-ft for the
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1 transfer- of the evffler-ship and opt of eivi~, operational
2 remoteseeing spaee systems to the pie seater when in
3 the national inter-est.".
4 SON TO OTHER LAWS
5 fie. 608The of this Aet ffe in addition
6 to and f wt i heii of o y other provision of
7 AUTHORIZATION OF APPRE)PRIATIONS
8 See-. OW. (o There aie authorize d to be to
9 the $4&000,900 fef ?iseal year 1985 fef the
10 pose o?ear-fyingethe provisions of seetieft 902-, 6& W;
11 a 4see#iee6W of fihisA-et,.
12 Pb4 The a-utherizati provided ?ef eerier subseetion
13 shall he i addition to moneys armed pur-sttant to tale II
14 of the National Aeronautics and Spaee Administr-ft A-u-
15 tees of 1088 ( lie Law 97 4).
16 TITLE Aq4 PT?Oh IBIITr!vN OF COAMERCIALIZA
17 TION 8
18 PROHIBiTiON
19 S*@-. 741, Neer- the President eef any othef official of
20 the Government shall ffmk-e any effort to lease, sell; of trans-
21 fef to the private seete , of in any way dis-
22 mantle any portion of the weather satellite systems operate
23 by the Depar-tfflent of w ee of any uecesser agency.
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1 FUTURE E)ONSIBEHATIONS
2 SEw, X02-. Regard4ess of a ehange in eir-euffistaft
3 sebsegcnt to the enactment of iris A-et-, even if seep change
4 makes i "peaf- the national interct tecommercial
5 i$e weather- satellites, neither- the President aey official
6 take aey action prohibited b eetien 04 of this ket
7 unless finis title hoe 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 LAND SAT SYSTEM
16 OPERATION
17 SEC. 201. (a) The Department of Commerce 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 Government 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 tart' 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
16 (7) the proposed relationship and procedures for
17 meeting the national security and international obliga-
18 tions of the United States.
19 NOTIFICATION REGARDING AWARDING OF THE CONTRACT
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
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 tion of the contractor;
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 tion 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
16 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 IL 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 SE c. 306. Within 2 years after the commencement of
16 operations of any system with respect to which a contract has
17 been entered into under this 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.
14 (b) No license shall be granted by the Secretary unless
15 the Secretary determines in writing that the applicant will
16 comply with the requirements of this Act, any regulations
17 issued pursuant to this Act, and will meet applicable interna-
18 tional obligations and national security concerns of the
19 United States.
20 CONDITIONS FOR OPERATION
21 SEC. 402. (a) No private 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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11
12
13
14
15
16
17
18
19
20
21
22
23
25
52
(b) Any license issued pursuant to this title shall speci-
fy, at a minimum, that the licensee shall-
(1) make available data generated by the system
to all potential users on a nondiscriminatory basis;
(2) upon termination of its operations under the
license, make disposition of any satellites in space in a
manner satisfactory to the President;
(3) promptly make available to the Secretary all
data generated by the system, pursuant to title VI of
this Act;
(4) furnish the Secretary with complete orbit and
data collection characteristics of the system, obtain ad-
vance approval of any intended deviation from such
characteristics, and inform the Secretary immediately
of any unintended deviation;
(5) obtain advance approval from the Secretary of
any agreement it intends to enter with a foreign
nation, entity or consortium involving foreign nations
or entities;
(6) operate the system in a manner that is con-
sistent with international law;
(7) permit the inspection of its facilities and fi-
nancial records;
(8) surrender the license and terminate operations
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 meet; 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 f i-
5 cation or suspension of a license and civil penalties not
6 to exceed $10, 000.
7 Each day of operation in violation of such licenses or regula-
8 tions shall constitute a separate violation.
9 REGULATORY AUTHORITY OF THE SECRETARY
10 SEC. 405. The Secretary may issue regulations to
11 carry out the provisions of this title. Such regulations shall
12 be promulgated only after public notice and comment in ac-
13 cordance with the provisions of section 553 of title 5, United
14 States Code.
15 AGENCY ACTIVITIES
16 SEC. 406. (a) A private sector party may apply for a
17 license to operate a civil land remote sensing system which
18 utilizes, on a space available basis, a civilian United States
19 Government satellite or vehicle as a platform for such system.
20 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
3 (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.
10 (c) To the extent provided in advance by appropriation
11 Acts, any Federal agency may enter into agreements for such
12 utilization if such agreements are consistent with such agen-
13 cy's mission and statutory authority, and if such remote
14 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
17 Administration pursuant to its authority under title IV of the
18 National Aeronautics and Space Act of 1958 (42 U. S. C.
19 2481 et seq.).
20 (e) Nothing in this section shall affect the authority of
21 the Federal Communications Commission to assign radio
22 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
4 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-
16 (A) conduct such research and development
17 in cooperation with other public and private re-
18 search entities, including private industry, univer-
19 sities, other Federal agencies, State and local gov-
20 ernments, foreign governments and international
21 organizations; and
22 (B) enter into arrangements (including joint
23 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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1 (b) In order to preserve the worldwide leadership of the
2 United States in remote sensing technologies and applica-
3 tions, the Secretary, the Secretary of the Interior and the
4 Secretary of Agriculture-
5 (1) shall continue research in applications of
6 remote sensing data, monitoring of the Earth and its
7 environment, and the development of technologies for
8 such monitoring; and
9 (2) are authorized and encouraged to-
10 (A) conduct such research and development
11 in cooperation with other public and private re-
12 search entities, including private industry, univer-
13 sities, other Federal agencies, State and local gov-
14 ernments, foreign governments and international
15 organizations; and
16 (B) enter into arrangements (including joint
17 ventures and cooperative agreements) which will
18 foster cooperation, advance the applications of
19 remote sensing, and enhance monitoring activities
20 and technologies.
21 (c) In order to preserve the worldwide leadership of the
22 United States in remote sensing technologies and applica-
23 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.
5 ARCHIVING OF DATA
6 SEC. 602. (a) It is in the public interest for the United
7 States Government to-
8 (1) maintain an archive of remote sensing satellite
9 data for historical, scientific and technical purposes,
10 including long-term global environmental monitoring;
11 (2) control the content and scope of the archive;
12 and
13 (3) assure the quality and continuity of the ar-
14 chive.
15 (b) The Secretary shall provide for long term storage,
16 maintenance and upgrading of a basic, global, land remote
17 sensing data set (hereinafter referred to as the "basic data
18 set') and shall follow reasonable archival practices to assure
19 proper storage and preservation of the basic data set and
20 timely access for parties requesting data. The basic data set
21 which the Secretary assembles in the Government archive
22 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) take into account future technical and scientif-
ic developments and needs;
(3) consult with and seek the advice of users and
producers of remote sensing data and data products;
(4) consider the public's need for data which may
be duplicative in terms of geographical coverage but
which differ in terms Of season, spectral bands, resolu-
tion, or other relevant factors;
(5) include, as the Secretary considers appropri-
ate, unenhanced remote sensing data generated either
by the Landsat system, pursuant to title III, or by
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-
eign remote sensing satellite systems.
(d) All original data (or copies of such data) shall, on
request, be made promptly available to the Secretary by any
system operator in a form suitable for processing for data
storage, maintenance and access. The Secretary may (subject
to the availability of appropriations) pay to such system oper-
ator reasonable costs for reproduction and transmittal of any
such data.
(e) Any system operator shall have the exclusive right to
sell all data that the operator provides to the United States
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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 NONREPROD UCTION
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.
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-
17 ticipated profits.
18 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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