A BILL 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-RDP05T02051R000200280007-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 24
• Document Creation Date: December 22, 2016
• Document Release Date: November 28, 2011
• Sequence Number: 7
• Publication Date: October 26, 1983
• Content Type: REGULATION

Declassified in Part - Sanitized Copy App,roved for Release 2011/11/28: CIA-RDP05T02051 R000200280007-2 STAT
SAC893
[ C O M M I T T E E P R I N T]
October 26, 1983
98TH CONGRESS
1ST SESSION
H. R.
IN THE HOUSE OF REPRESENTATIVES
Mr. introduced the following bill; which was
referred to the Committee on
A BILL
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 Representatives
2 of the United States of America in Congress assembled,
.., Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05T02051 R000200280007-2
 .1 l
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
1 That this Act may be cited as the ''Land Remote-Sensing
2 Commercialization Act of 1983''.
3 TITLE I--DECLARATION OF FINDINGS, PURPOSES, AND POLICIES
4 FINDINGS
5 SEC. 101. The Congress finds and declares that--
6 (1) the continuous collection and utilization of
7 civil remote-sensing data from satellites is of major
8 benefit in managing the Earth's natural resources;
9 (2) a vigorous, private sector involvement in space
10 is often appropriate and can provide a sound basis for
11 future growth of space-based technologies;
12 (3) there is a need to determine the extent to which
13 it is appropriate and in the national interest for the
14 private pector to assume full responsibility for land
15 remote-sensing;
16 (4)'Unjted States land remote-sensing involves
17 international commitments;
18 (5) United States land remote-sensing involves
19 legitimate national security concerns;
20. (6) to fully utilize the strengths of the private
21 sector, any process of commercialization of land remote-
22 sensing should involve maximum competition and minimum
23 subsidy;
24 (7) it is in the national interest of the United
25 States to maintain international leadership in civil
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2 -
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
1 remote-sensing technology and to promote profitable land
2 remote-sensing ventures;
3 (8) land remote-sensing development has been
4 inhibited by lack of market development, and private
5 industry is best suited to develop these markets;
6 (9) at the present time it is unclear that the
7 private sector alone will develop a total land
8 remote-sensing system because of the high risk and large
9 capital expenditures involved;
10 (10) cooperation of government and industry is
11 required to guarantee both a United States' capability
12 and data continuity in land remote-sensing;
13 (11) such cooperation should be structured to
14 , minimize both the amount of government support and the
15 degree of government regulation;
16 (12) the time is appropriate to encourage
17 cooperation of government and industry to guarantee the
18 viability of the United States' land remote-sensing
19 capability; and
20 (13),there is no compelling reason to commercialize
21 meteorological satellites at this time.
22 PURPOSES -
23 SEC. 102. It is therefore the purpose of this Act?
24 (1) to guide the United States Government in
25 achieving full, prompt, and proper involvement of the
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
SAC893
1 private sector in civil land remote-sensing from space;
2 (2) to preserve the United States' leading position
3 in civil remote-sensing, to preserve its national
4 security, and to fulfill its international obligations;
5 (3) to prescribe conditions for assuring continuity
6 of remote-sensing data while protecting public and
7 private non-discriminatory access to these data;
8 (4) to minimize the duration and amount of any
9 further Federal investment that might be necessary to
10 achieve full commercialization of civil remote-sensing;
11 and
12 (5) to prohibit commercialization of meteorological
13 satellites at this time.
14 POLICIES
15 SEC. 103. (a) It shall be the policy of-the United
16 States to preserve its right to acquire and disseminate
17 digital remote-sensing data, provided that such data are
18 made available to all potential users on a non-
19 discriminatory basis.
20 (b) It shall be the policy of the United States both to
21 commercialize those space remote-sensing functions that
22 properly lend themselves to private sector operation and to
23 avoid competition by the Government with such commercial
24 operations, while continuing to preserve our national
25 security, to honor our international obligations, and to
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
SAC893
1 retain in the Government those remote-sensing functions that
2 are essentially of a public service nature.
3 DEFINITIONS
4 SEC. 104. For purposes of this Act--
5 (1) The term ''digital remote-sensing data'' means
6 the unprocessed and minimally processed signals
7 collected from,civilianremote-sensing satellites. Such
8 minimal processing shall be limited to rectification of
9 instrumental distortions, registration with respect to
10 features on the Earth, and calibration of spectral
11 response. Such term does not include conclusions,
12 manipulations, or calculations derived from such signals
13 or combination. of the signals with other data or
14 information. Unless otherwise limited, digital remote-
15 - sensing data includes land and ocean sensed data.
16 (2) The term "Secretary-" means the Secretary of
17 Commerce.
18 (3) The term ''on a non-discriminatory basis" means
19 without preference, bias, or any other special
20 financial, delivery, or technical arrangement which
21 would favor one buyer or class of buyers over another.
22 (4) The term " Landsat system" means Landsat 1, 2,
23 3, 4, and D-prime, and related ground equipment,
24 systems, and facilities, and any successor land remote-
25 sensing satellites launched prior to the commencement of
,,, Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 I
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05T02051 R000200280007-2
SAC69:3
1 the six-year period covered by the contract under
2 section 302.
3 TITLE II--CONTRACT FOR OPERATION OF EXISTING LAND
4 REMOTE-SENSING SATELLITE SYSTEM
5 CONTRACTING FOR OPERATION
6 SEC. 201. (a) In accordance with the requirements of
7 this title, the Secretary may, subject to the availability
8 of appropriations therefor, contract with a United States
9 private sector party or parties to operate the Landsat
10 system and to market digital remote-sensing data generated
11 by such system, including archived data.
12 (b) The Secretary shall have no authority to enter into
13 any contract for the purpose of making digital remote-
14 sensing data commercially available unless such contract is
15 entered into in accordance with this Act.
16 (c) A contract awarded under the authority of subsection
17 (a) shall be awarded competitively in accordance with the
18 conditions of section 203. Each such contract shall be of
19 such limited duration as may be necessary to permit the
20 contract to be reawarded periodically and competitively in
21 accordance with such conditions.
22 (d) No provision of this title shall be construed to
23 permit the transfer to any contractor of title to any part
24 or all of the Landsat system.
25 SALE OF 'DATA
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05T02051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
SAC893
1 SEC. 202. (a) Any contract entered into pursuant to
2 section 201 shall provide (1) that the contractor will offer
3 to sell copies of the original digital remote-sensing data
4 on a non-discriminatory basis, and (2) that the contractor
5 will make publicly available the terms and conditions upon
6 which it will sell such data..
7 (b) If the contractor desires to sell information
8 products obtained by processing of the digital remote-
9 sensing data, such business shall be carried out in a manner
10 which prevents the contractor from having a competitive
11 advantage over other firms engaged or proposing to engage in
12 such data processing. The contract shall therefore specify
13 in part that:
14 (1) such processing business shall be carried on
15 through an organizationally separate unit;
16 (2) such unit shall pay for the digital remote-
17 sensing data on a non-discriminatory basis; and
18 (3) in addition, such unit shall not be given
19 favored access to data, such as early receipt of data,
20 special.formating of the data, early notice of format
21 changes, favorable reproduction terms, or other similar.
22 advantages.
23 (c) No provision of this section shall exempt the
24 contractor from any other provision of law.
25 CONDITIONS OF COMPETITION FOR CONTRACT
Declassified in Part- Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
SAC893
1 SEC. 203. (a) The Secretary of Commerce shall, as part
2 of his advertisement for the competition for the contract
3 authorized by section 201, identify and publish
4 international obligations, national security concerns (with
5 appropriate protection of sensitive information), domestic
6 legal considerations, and any other standards or conditions
7 which a private contractor shall be required to meet. In
8 addition, the Secretary shall publish his criteria for
9 determining the practical demise of the space segment of the
10 Landsat system.
11 (b) The Secretary shall select the contractor on the
12 basis of--
13 (1) the best financial return to the Government,
14 including payment of royalties on data sales and the
15 ability to operate the system at a saving to the
16 Government ;
17 (2) ability to meet the. obligations, concerns,
18 standards,-and conditions identified under subsection
19 (a)
20 (3) technical competence, including the ability to
21 assure continuity of data;
22 (4) ability to market aggressively digital remote-
23 sensing data;
24 (5) absence of any conflicts-of-interest which could
25 inhibit non-discriminatory access to such data; and
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
SAC893
1 (6) ability to effect a smooth transition with the
2 contractor selected under title III of this Act.
3 FOREIGN GROUND STATIONS
4 SEC. 204. The contract shall provide for continued
5 supply of digital remote-sensing data to foreign ground
6 stations for the life, and according to the terms, of those
7 agreements between the United States Government and such
8 foreign ground stations that are in force on the date of
9 enactment of this Act. Upon the expiration of such
10 agreements, or in the case of foreign ground stations that
11 have no agreement with the United States on such date of
12 enactment, the contract shall provide for the contractor to
13 make digital remote-sensing data available to foreign users
14 on a non-discriminatory basis.
15 TITLE III--PROVISION OF DATA CONTINUITY DURING TRANSITION
16 PERIOD
17 PURPOSES AND DEFINITIONS
18 SEC. 301. (a) It is the purpose of this title--
19 (1) to provide for a transition between Government
20 operation and fully private, commercial operation of
21 land remote-sensing satellite systems;
22 (2) to determine, in an orderly manner and with
23 minimal risk during the transition period, whether fully
24 private operation of land remote-sensing is in the best
25 interest of the Nation; and
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
SAC893
10
1 (3) to provide for the effective continuity of MSS
2 data for six years after the practical demise of the
3 space segment of the Landsat system.
4 (b) For purposes of this title--
5 (1) the term ''Multi-Spectral Scanner'' means the
6 instrument popularly referred to by that name and
7 carried on the Landsat 4 and Landsat D-prime satellites;
8 and
9 (2) the term ''MSS data'' means digital remote-
10 sensing data which, from the point of view of a data
11 user, are--
12 (A) functionally equivalent to data from the
13 Multi-Spectral Scanner; and
14 (B) fully compatible with data, and equipment
15 used to process data, from such Scanner.
16 CONTRACT FOR DATA AVAILABILITY AND CONTINUITY
17 SEC. 302. (a) The Secretary shall, subject to the
18 availability of appropriations therefor and subject to the
19 licensing conditions established under title IV, contract
20 with a United States private sector party or parties, by
21 means of an open, competitive process, for the provision by.
22 such party or parties of the capability of generating MSS
23 data and selling and delivering such data to the Federal
24 Government. The capability shall include, at a minimum, the
25 capability to generate and deliver MSS data at the annual
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
SAC893
1 volume and rate of Federal usage during fiscal year 1983, as
2 determined by the Secretary. The capability may be provided
3 by the contractor using whatever technologies the contractor
? 4 may select. The contractor, at his option and cost, may make
5 available data of a higher quantity than is required or of a
6 higher quality than MSS data.
7 (b) The contract authorized by subsection (a) shall
8 provide--
10
11
12
13
14
15
16
17
(1) for a prepayment by the Government to cover a
portion of the capital cost of providing such.
capability, which may be paid in installments (A) based
on progress prior to the beginning of the 6-year period
of data delivery described in subsection (c), and (B)
the sum of which shall be less than-the total initial
cost of the system; and
(2) that sale of digital remote-sensing data shall
be in accordance with the provisions of section 303 of
18 this title.
19 (c) The Secretary shall contract for the capability to.
20 generate and, deliver MSS data beginning at an appropriate
21 date that is determined by the time necessary to build and
22 launch the necessary equipment and to obtain a license
23 therefor under title IV, the projected practical demise of
24 the space segment of the Landsat system, the need for data,
25 total costs, and such other factors as he deems appropriate.
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
SAC893
12
1 The contract shall provide for reasonable assurance of
2 continuing the capability of generating and delivering MSS
3 data for six years.
4 (d) The Secretary may allow the contractor to buy or
5 otherwise acquire the use of surplus equipment of the
6 Landsat system. Officials of other Federal civilian agencies
7 are authorized and encouraged to cooperate with the
8 Secretary in carrying out this subsection.
9 (e) The Secretary is authorized to provide for the
10 capability by licensing a private sector party or parties in
11 accordance with title IV of this Act to utilize (on a space-
12 available basis) civilian government satellites as platforms
13 for a civil remote-sensing satellite system, if the private
14 sector party or parties immediately reimburses the
15 Government for all related costs incurred with respect to
16 such utilization, including a reasonable, proportionate
17 share of fixed, spacecraft, data transmission, and launch
18 costs.
.19 (f) The contract shall be awarded on the basis of:
20 (1) the one-time cost of providing the capability;
21 (2) the royalty offered to the Federal Government on
22 data sales;
23 (3) ability to meet the conditions for obtaining a
24 license under title IV;
25 (4) the reliability, technical competence, and
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
13
1 financial condition of the contractor;
2 (5) the ability of the contractor to provide digital
3 remote-sensing data on a timely, continuous, and
4 reliable basis;
5 (6) the contractor's ability to develop the
6 remote-sensing data market;
7 (7) the ability to effect a smooth transition with
8 any contractor selected under title II; and
9 (8) the contractor's ability to supplement basic
10 capabilities specified in section 302(a) by adding
11 remote-sensing capabilities (at the contractor's
12 expense) which maintain the United States' leadership in
13 remote-sensing.
14 (g) If, as a result of the competitive. process required
15 by subsection (a), the Secretary receives no bid which he
16 finds acceptable under the conditions of this Act, the
17 Secretary shall so certify to the Congress. Thirty days
18 after so certifying, the Secretary may reopen the
19 competition. If no acceptable bids are received after such
20 subsequent competition, or if the Secretary decides not to
21 reopen the competition, the Secretary shall so certify to
22 the Congress. Ninety days after so certifying, the Secretary
23 may proceed to assure MSS data continuity by procurement and
24 operation of the necessary systems, subject to the
25 availabi.lity of appropriations therefor. Such procurement
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05T02051 R000200280007-2
14
I and operation may include generation of data of a higher
2 quality than MSS data.
3 SALE OF DATA
4 SEC. 303. (a) Any contract entered into pursuant to
5 section 302 shall provide (1) that the contractor will offer
6 to sell copies of the original digital remote-sensing data
7 on a non-discriminatory basis, and (2) that the contractor
8 will make publicly available the terms and conditions upon
9 which it will sell such data.
10 (b) Any sale of digital remote-sensing data to Federal
11 agencies shall be on a non-discriminatory basis, but at
12 least 5 percent of the price of each sale shall be rebated
13 to the Government (and thereby reduce the total net cost to
14 the Government) as a royalty payment to-the United States
15 Treasury. Data sales to non-Federal buyers shall not be
16 subject- to such. a rebate.
17 (c) If the contractor desires to sell information
18 products obtained by processing of the digital remote-
19 sensing data, such business shall be carried out in a manner
20 which prevents the contractor from having a competitive
21 advantage over other firms engaged or proposing to engage in
22 such data processing. The contract shall therefore specify
23 in part that:
24 (1) such processing business shall be carried on
25 through an organizationally separate unit;
Declassified in Part- Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05T02051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
15
1 (2) such unit shall pay for the digital remote-
2 sensing data on a non-discriminatory basis; and
3 (3) in addition, such unit shall not be given
4 favored access to data,.such as early receipt of data,
5 special formating of the data, early notice of format
6 changes, favorable reproduction terms, or other similar -
7 advantages.
8 (d) No provision of this section shall exempt the
9 contractor from any other provision of law.
10 REPORT
11 SEC. 304. Two years after the date of the commencement
12 of the 6-year period covered by the contract under section
13 302(c), the Secretary of Commerce shall report to the
14 President and to the Congress on the progress of the
15 transition to fully private fjnancing, ownership, and
16 operation of the remote-sensing satellite system, together
17 with any recommendation=s for action.
18 TITLE IV--LICENSING OF PRIVATE REMOTE-SENSING SATELLITE
19 SYSTEMS
20 GENERAL AUTHORITY
21 SEC. 401. The Secretary of Commerce is authorized and
22 required, in consultation with other appropriate Federal
23 agencies, to license qualified private sector party or
24 parties, consortia of private sector parties, or consortia
25 of private sector parties and Government agencies to operate
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05T02051 R000200280007-2
16
1 civil remote-sensing satellite systems in accordance with
2 the provisions of this title.
CONDITIONS FOR OPERATION
3
4 SEC. 402. (a) No party or consortium may operate any
5 remote-sensing satellite system which is subject to the
6 jurisdiction or control of the United States without a
7 license pursuant to section 401.
8 (b) A party or consortium shall be licensed to operate
9 its system subject to the following conditions:
10 (1) The system shall be operated in such manner as
11 to preserve and promote the national security of the
12 United States and to observe and implement the
13 international obligations of the United States.
14 (2) Digital remote-sensing data:-shall be made
15 available to all potential users on a non-discriminatory
16 basis.
17 (3) In the case of a consortium, the system shall be
18 administered by a central, responsible entity
19 established by the consortium for that purpose.
20 (4) No license issued under this title shall protect
21 the license holder from fair competition from other
22 license holders.
23 (5) Before any party or consortium terminates its
24 operations under the license, it shall make disposition
25 of any satellites in space in a manner satisfactory to
Declassified in Part -Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05T02051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
17
1 the President.
2 (6) Any party or consortium proposing to be licensed
3 under section 401 shall agree, as a condition for the
4 receipt of such license, to provide to the Secretary any
5 data generated under such license which the Secretary
6 may request for the purpose of archiving pursuant to
7 section 602.
8 AGENCY ROLES
9 SEC. 403. (a) The Secretary shall offer his offices for
10 assistance in the formation of consortia under this title.
11 (b) Federal agencies are authorized and encouraged to
12 conduct joint ventures in satellite remote-sensing systems
13 by forming consortia with private firms in accordance with
14 the provisions of section 401 of this Act, if--
15 (1) such activities are appropriate to the agencies'
16 mission;
17 (2) appropriated funds are available for that
18 purpose; and
19 (3) such activities will not compete with United
20 States private sector activities.
21 TERMINATION
.22 SEC. 405. If, at the expiration of ten years after the
23 date of enactment of this Act, no firm or consortium has
24 been licensed and continued in operation under the
25 provisions of this title, the authority of this title shall
Declassified in Part -Sanitized, Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
18
1 terminate.
2 TITLE V--RESEARCH AND DEVELOPMENT
3 CONTINUED FEDERAL RESEARCH AND DEVELOPMENT
4 SEC. 501. The. Administrator of the National Aeronautics
5 and Space Administration, the Administrator of the National
6 Oceanic and Atmospheric Administration, and the heads of
7 other Federal agencies are directed to continue remote-
8 sensing research and development and are encouraged to
9 conduct experimental space remote-sensing programs
10 (including applications programs) and to develop
11 remote-sensing technologies in support of their authorized
12 missions, using funds appropriated for those purposes. In
13 carrying out such programs Federal agencies are authorized
14 and encouraged to cooperate with private industry.
15 USE OF EXPERIMENTAL DATA
16 SEC. 502. Data gathered in Federal experimental space
17 remote-sensing programs may be used in related research and
18 development programs funded by the Federal Government,
19 including applications programs, but not for commercial uses
20 or in competition with private sector activities, except as
21 permitted by section 503.
22 SALE OF EXPERIMENTAL DATA
23 SEC. 503. (a) Data gathered in Federal experimental
24 space remote-sensing programs may be competitively sold en
25 bloc (consistent with national security interests and
.. ,i Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
19
1 international obligations of the United States) to any
2 United States entity which will market the data on a non-
3 discriminatory basis.
4 (b) The entity shall pay. to the United States Treasury a
5 royalty of at least 5 percent of the sale price for all data
6 sold to the Federal Government.
7 TITLE VI--GENERAL PROVISIONS
8 ''OPEN SKIES''
9 SEC. 601. (a) Satellite digital remote-sensing data
10 generated by-any.system operator under the provisions of
11 this Act shall be made available to all users on a non
12 discriminatory basis in accordance with the requirements of
13 this Act.
14 (b). For the purposes of this title,.-.the term ''system
15 operator'' means a contractor under title II or III or a
16 license holder under title 'IV. 17 ARCHIVING OF DATA
18 SEC. 602. (a). In order to preserve many of the public
19 benefits of civil remote-sensing from space, including
20 long-term global environmental monitoring, the Secretary
21 shall provide both for long-term storage and maintenance of.
22 data as described in subsection (b) and for access to those
23 data.
24 (b)(1) The Secretary shall provide storage, maintenance,
25 and access for digital remote-sensing data from the Landsat
?, Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 .i
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05T02051 R000200280007-2
1 system.
2 (2) The Secretary shall provide storage, maintenance,
3 and access for digital remote-sensing data generated
4 pursuant to title III.
5 (3) The Secretary may provide storage, maintenance, and
6 access for digital remote-sensing data generated by license
7 holders under title IV if the Secretary finds that such data
8 have sufficient immediate or potential, public benefit.
9 (c) Original data or copies thereof shall be promptly
10 made available to the Secretary by the system operator in a
1.1 form suitable for processing for data storage, maintenance,
12 and access. The Secretary is authorized (subject to the
13 availability of appropriations) to pay to such system
14. operator reasonable costs for reproduction and transmittal
15 of the data.
16 (d)(1) Copies of stored data may not be made available
17 from the archive except (A) to the system operator
18 originally providing the data, or (B) pursuant to paragraph
19 (2) or (3) of this subsection.
20 .(2) Copies of stored data may be made available to
21 persons requesting them if the system operator originally
22 providing the data so authorizes the Secretary in writing.
23 (3) Copies of stored data may be made available to
24 persons requesting them without authorization of the system
25 operator after 15 years after the date of the generation of
Declassified in Part -Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05T02051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
SAC893
1 the data.
2 (4) Persons or system operators requesting and receiving
3 copies of the data from the archive shall pay to the
4 Secretary reasonable costs of reproduction and transmittal.
5 (5) Nothing in this subsection shall release the
6 Secretary from his obligation to provide data storage,
7 maintenance, and access.
8 (e) In carrying out the functions of this section, the
9 Secretary may use existing facilities or he may contract
10 with a private sector party or parties for the performance
11 of such functions, subject to the availability of
12 appropriations therefor.
13 NONREPRODUCTION
14 SEC. 603. Satellite digital remote-sensing data
15 generated by any system operator under the provisions of
16 this Act may be sold under the condition that such data
17 shall not be reproduced and disseminated by the purchaser.
18 REGULATIONS
19 SEC. 604. The Secretary may promulgate regulations for
20 the implementation of the provisions of this Act.
21 REIMBURSEMENT FOR ASSISTANCE
22 SEC. 605. The Administrator of the National Aeronautics
23 and Space Administration, the Secretary of Defense, and the
24 heads of other Federal agencies are authorized to provide
25 assistance co operators of remote-sensing systems under the
4~j
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
SAC893
22
1 provisions of this Act. Substantial assistance, such as
2 launch services, shall be reimbursed by the operator.
3 PENALTIES AND REMEDIES
4 SEC. 606. Licenses issued by the Secretary under the
5 provisions of this Act may provide for penalties and
6 remedies for noncompliance with the terms of the license in
7 order to preserve and protect the interests of the United
8 States.
9 RADIO FREQUENCY ALLOCATION
10 SEC. 607. The Federal Communications Commission is
11 authorized and encouraged to allocate to any license holder
12 under title IV of this Act access to Government radio'
13 frequencies and.other civil radio frequencies appropriate
14 for space remote-sensing systems in a timely manner
15 consistent with the national interest.
16 CONSULTATION
17 SEC. 608. (a) The Secretary shall consult with the
18 Secretary of Defense on all matters under this Act affecting
19 national security. The Secretary of Defense shall be
20 responsible for identifying and notifying the Secretary of
21 those national security concerns of the United States which.
22 are relevant to activities under this Act.
23 (b) The Secretary shall consult with the Secretary of
24 State on all international matters. The Secretary of State
25 shall be responsible for identifying and notifying the
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 .1 1
Declassified in-Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
23
1 Secretary of those international obligations and commitments
2 of the United States which are relevant to activities under
3 this Act.
4 (c)(1) The Secretary is'authorized to make
5 determinations as to the appropriateness and reasonableness
6 of conditions based on national security or international
7 obligations which may be imposed on license holders by other
8 Federal agencies.
9 (2) If, as a result of conditions imposed on a
10 contractor on the basis of national security or
11 international obligations, the Secretary determines that
12 additional costs will-be incurred by the contractor, the
13 Secretary may require the agency or agenices requesting such
14 conditions to reimburse the contractor for such costs.
15 TITLE VII--PROHIBITION OF COMMERCIALIZATION OF WEATHER
16 SATELLITES
17 PROHIBITION
18 SEC.' 701. Neither the President nor any other official
19 of the Government shall make any effort to lease, sell, or
20 transfer to the private sector, commercialize, or otherwise
21 dismantle any portion of the weather satellite systems
22 operated by the Department of Commerce or any successor
23 agency.
24 FUTURE CONSIDERATIONS
25 SEC. 702. Regardless of any change in circumstances
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
 Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2
24
1 subsequent`to the enactment of this Act, even if such change
2 makes it appear to be in the national interest to
3 commercialize weather satellites, neither the President nor
4 any official shall make any effort to commercialize weather
S satellites unless this title has first been repealed.
Declassified in Part - Sanitized Copy Approved for Release 2011/11/28: CIA-RDP05TO2051 R000200280007-2