PUBLIC LAW 98-365 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-RDP05T02051R000200370001-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 17
• Document Creation Date: December 22, 2016
• Document Release Date: August 18, 2011
• Sequence Number: 1
• Publication Date: July 17, 1984
• Content Type: REGULATION

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PUBLIC LAW 98-365-JULY 17. 1984 96 STAT. 451
Public Law 98-365
98th Congress
An Act
To establish a system to promote the use of land remote-sensing satellite data, and for Jule l11.4
other purposes.
j H R ; ;
Be it enacted by the Senate and House of Representatives of the
it
U
d St
A
n
e
ates of
merica in Co gre assembled, That this Act may
be cited as the "Land Remote Sensing Commercialization Act of
1984 ' -- - ..
TITLE I-DECLARATION OF FINDINGS, PURPOSES, AND
POLICIES
FINDINGS
SEC. 101. The Congress finds and declares that-
(1) the continuous civilian collection and utilization of land
remote-sensing data from space are of major benefit in manag-
ing the Earth's natural resources and in planning and conduct-
ing many other activities of economic importance;
(2) the Federal Government's experimental Landsat system
has established the United States as the world leader in land
remote-sensing technology;
(3) the national interest of the United States lies in maintain-
ing international leadership in civil remote sensing and in
broadly promoting the beneficial use of remote-sensing data;
(4) land remote sensing by the Government or private parties
of the United States affects international commitments and
policies and national security concerns of the United States;
(5) the broadest and most beneficial use of land remote-
sensing data will result rom maintaining a policy of nondis-
cr
(b) competitive, market-driven private sector involvement in
land remote sensing is in the national interest of the United
States;
(7) use of land remote-sensing data has been inhibited by slow
market development and by the lack of assurance of data
continuity;
(8) the private sector, and in particular the "value-added"
industry, is best suited to develop land remote-sensing data
markets;
(9) there is doubt that the private sector alone can currently
develop a total land remote-sensing system because of the high
risk and large capital expenditure involved;
(10) cooperation between the Federal Government and private
industry can help assure both data continuity and United States
leadership;
(11) the time is now appropriate to initiate such cooperation
with phased transition to a fully commercial system;
(12) such cooperation should be structured to involve the
minimum practicable amount of support and regulation by the
land RE-mote -
Cens,nc
Cnrnmercial;z:+-
tion Act of 19 4'
Communications
and tele-
communications
15 USC
note
Congress
1:, USC 4201
Defence and
nat ional
security
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`?- STAT. 452 PUBLIC LAW 98-36.5-JULY 17, 1954
Federal Government and the maximum practicable amount of
competition by the private sector, while assuring continuous
availability to the Federal Government of land remote-sensing
data.
(13) certain Government oversight must be maintained to
assure that private sector activities are in the national interest
and that the international commitments and policies of the
United States are honored; and
(141 there is no compelling reason to commercialize meteoro-
logical satellites at this time.
PURPOSES
I,' uSC 4=02 SEC. 102. The purposes of this Act are to-
(1) guide the Federal Government in achieving proper
involvement of the private sector by providing a framework for
phased commercialization of land remote sensing and by assur-
ing continuous data availability- to the Federal Government;
Defen.e and (2) maintain the United States worldwide leadership in civil
national remote sensing, se:untc preserve its national security, and fulfill its
international obligations;
(3) minimize the duration and amount of further Federal
investment necessary to assure data continuity while achieving
commercialization of civil land remote sensing;
(4) provide for a comprehensive civilian program of research,
development, and demonstration to enhance both the United
States capabilities for remote sensing from space and the appli-
cation and utilization of such capabilities; and
(5) prohibit commercialization of meteorological satellites at
this time.
I
15 use 4203. SEC. 103. (a) It shall be the policy of the United States to preserve
its right to acquire and disseminate unenhanced remote-sensing
data.
(b) It shall be the polic of the United States that c
h to be ma a available
on a nondiscriminatory asis an in a manner conc1stpn w,r
applica a antitrust a
Defense and policy of the United States both to commercialize
national
security. those remote-sensing space systems
that_proper lend feinse-Ives to
rivate sector operation and to avoid competition the Govern-
ment with suc commercial _operations,, while continuing to preserve
our national security.to honor our international obligations, and to
retain in the Government those remoe_sensing functions that are
essentia1T}- of a public service _ nature.
DEFINITIONS
SEC. 104. For purposes of this Act:
(1) The term "Landsat system" means Landsats 1, 2, 3, 4, and
5, and any related ground equipment, systems, and facilities,
and any successor civil land remote-sensing space systems oper-
ated by the United States Government prior to the commence-
ment of the six-year period described in title III.
(2) The term "Secretary" means the Secretary of Commerce.
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PUBLIC LAW 9S-365-JULY 17, 19 -l 9 STAT. 45:~
(3NA) The term "nondiscriminatory basis" means without
preference, bi (except on
the basis o ecunty concerns pursuant to section 607, )
regarding de Ic technical consider-
a ions which oul~favor one buyer or class of ?e s over
I
(5) e rm "system operator" means a contractor under
title II or title III or a license holder under title IV.
TITLE II-OPERATION AND DATA MARKETING OF LANDSAT
SYSTEM
if(jAny offer to sell or deliver data is published in advance in
such manner as will ensure that the offer is equally available to
all prospective buyers;(MDthe system operator has not estab-
lished or changed any price, policy, roc ure, or othet 1P~ or
condition in a manner which gives one uver or class of buyer
see facto favored access to da !I he system operator does not
make unen arc a avails a to any purchaser on an exclu-
sive basis: and Iv a case where a system operator offers
volume discoun such discounts are no greater than the
demonstrable reductions in the cost of volume sales. The sale of
data on a nondiscriminatory basis does not preclude the system
operator from offering discounts other than volume discounts to
the extent that such discounts are consistent with the provi-
sions of this paragraph.
(C) Th sale of data on a nondiscriminatory basis does not
re_ura that a vstem operator disclose names o uyers or
their purchase , (It that a system operator maintain all, or any
particular subs of, data in a working inventory; or iI hat a
system operator expend equal effort in developing all segments
of a market.
(4) the- term "unenhanced -data" means un essed or
orally processed slen nrndu s o ect rpm llel
femal Ming en- c?j'c g ..c
. Such minimal braressiny, av
OPERATION
SEC. 201. (a) a refs shall be responsible for-
(1) the Lan sat system, including the orbit, operation, and
disposition of Landsats 1, 2, 3, 4, and 5; and
(2),_provision -. f -data__to forte ground -stations under_the
terms _D as regiments between the* United States Government
and nations_~ operate stich_grrround stations whlc'-Fi -arein
force on the date of commencement t e contract awarded
p. t to th titre (b) The provisions o t is section shall not affect the Secretary's
authority to contract for the operation of part or all of the Landsat
system, so long as the United States Government retains-
(1) ownership of such system;
(2) ownership of the unenhanced data; and
I
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ILLEGIB
ILLEGIB
98 STAT. 454 PUBLIC LAW 98-365-JULY 17, 1984
(3) authority to make decisions concerning operation -of the
system.
CONTRACT FOR MARKETING OF UNENHANCED DATA
SEC. 202. (a) In accordance with the requirements of this title, the
Secretary, by means of a competitive process and to the extent
provided in advance by appropriation Acts, shall contract with a
United States private sector party (as defined by the Secretary) for
the marketing of unenhanced data collected by the Landsat system.
Any such contract-
(1) shall provide that the contractor set the prices of unen-
hanced data;
,
ransportation of the Senate and the Com-
mittee on Science and Technology of the House of Representatives
for their review. No such decision or proposed decision shall be
implemented unless (A) a period of thirty calendar days has passed
after the receipt by each such committee of such transmittal, or (B)
each such committee before the expiration of such period has agreed
to transmit and has transmitted to the Secretary written notice to
the effect that such committee has no objection- to the decision or
proposed decision. As part of the transmittal, the Secretary shall
include information on the terms of the contract described in subsec-
tion (a).
(d) In defining "United States private sector party" for purposes of
this Act, the Secretary may take into account the citizenship of key
personnel, location of assets, foreign ownership, control, influence,
and other such factors.
(2) may provide for financial arrangement`s between the Sec-
retary and the contractor including fees for operating the
system, payments by the contractor as an initial fee or as a
percentage of sales receipts, or other such considerations;
(3) shall provide that the contractor will offer to sell and
flelivPr_uuenhanced data to all potential buyers on a nondis-
criminatory basis;
(4) shall provide that the contractor pay to the United States
Government the full purchase price of any unenhanced data
that the contractor elects to utilize for purposes other than sale;
(5) shall be entered into by the Secretary only if the Secretary
has determined that such contract is likely to result in net cost
savings for the United States Government; and
(6) may be reawarded competitively after the practical demise
of the space segment of the Landsat system, as determined by
the Secretary.
(b) Any contract authorized by subsection (a) may specify that the
contractor use, and, at his own expense, maintain, repair, or modify,
such elements of the Landsat system as the contractor finds neces-
sary for commercial operations.
(c) Any decision or proposed decision by the Secretary to enter
into any such contract shall be transmitted to the Committee on
Commerce, Science
and T
CONDITIONS OF COMPETITION FOR CONTRACT
SEC. 203. (a) The Secretary shall, as part of the advertisement for
the competition for the contract authorized by section 202, identify
and publish the international obligations, national security concerns
(with appropriate protection of sensitive information), domestic
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PUBLIC LAW 9:-:36:7'-JULY 1; , 1 giq (1, 0 r . T . - -
legal considerations, and any other standards or conditions which a
private contractor shall be required to meet.
(b, In selecting a contractor under this title, the Secretary shall
consider-
s I) ability to market aggressively unenhanced data;
(21 the best overall financial return to the Government.
including the potential cost savings to the Government that are
likely to result from the contract;
(3) ability to meet the obligations, concerns, considerations,
standards, and conditions identified under subsection (a);
(41 technical competence. including the ability to assure con-
tinuous and timely delivery of data from the Landsat system;
-5i abilit to effect a smooth transition with the contractor
selected under title III; and
161 such other factors as the Secretary deems appropriate and
relevant
ici If. as a result of the competitive process required by section
202,x!, the Secretary receives no proposal which is acceptable under
the provisions of this title, the Secretary shall so certify and fully
report such finding to the Congress. As soon as practicable but not
later than thirty days after so certifying and reporting, the Secre-
tar% shall reopen the competitive process. The period for the subse-
quent competitive process shall not exceed one hundred and twenty
days If. after such subsequent competitive process, the Secretary
receives no proposal which is acceptable under the provisions of this
title, the Secretary shall so certify and fully report such finding to
the Congress. In the event that no acceptable proposal is received.
the Secretary shall continue to market data from the Landsat
system.
d' A contract awarded under section 202 may, in the discretion of
the Secretary, be combined with the contract required by title 111,
pursuant to section 304ib-.
SALE OF DATA
SEC. 204. ca- After the date of the commencement of the contract is L' SC 4 214
described in section 202tai, the contractor shall be entitled to reve-
nues from sales of copies of data from the Landsat system, subject to
the conditions specified in sections 601 and 602.
'bi The contractor may continue to market data previously gener-
ated by the Landsat system after the demise of the space segment of
that system.
FOREIGN GROUND STATIONS
SEC 205. is i The contract under this title shall provide that the 15 USC 4215
contractor shall act as the agent of the Sec
retary by continuing to
supply unenhanced data to foreign ground stations for the life, and
according to the terms, of those agreements between the United
States Government and such foreign ground stations that are in
force on the date of the commencement of the contract.
obi Upon the expiration of such agreements, or in the case of
foreign ground stations that have no agreement with the United
States on the date of commencement of the contract, the contract
shall provide-
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Jt'L1' 1 ~. 1`?'`a
PUBLIC L.~N'~
`-` STAT ~ "~~; shall be
ti) that unenhanced data from ground staetions o~ly ystthe contrac-
made available to foreign tor: and
i ?2 ~ that such data shall be made available on a nondiscrimina
tort' basis. R THE
TITLE III-PROVISION OF D T A CO\TINUIT~' AM
LAN SYSTEM
PURPOSES AND DEFINI'rMON
SEC 301. (a) It is the purpose of this title- with minimal risk,
I to provide, in an orderly manner and rivate commer
private,
for a transition from Government operation to
cial operation of civil land remote-sensing s}stems. and actical
121 to provide data segment of the Landsat years after system. the pr
demise the space e means
(b, For purposes of this is title, the term "data continuity
the continued availability of unenhanced data-
~ I) including data which are from the point of view of a data
user- (p) functionally equivalent to the multispectral data gen-
erated by the Landsat I and 2 satellites: and equipment used
(B' compatible with such data and with to receive and process such data, and
(2) at an annual volume at least equal to the Federal usage
provided using whatever technologies
during fiscal year may .be
(c) Data continuity
are available.
DATA CONTINUITY AND AVAII.AB1I.I1'1
SEC. 302. The Secretary shall solicit proposals from United States
private sector parties las defined by the Secretary
data conti Pursuant to
nuity
pable of p ovidi gd operation
I., V-Sc 4222 section 202) for a contract orcathe d
remote-sensing space system unenhanced data in
for a period of six years and for marketing
01 and 602.
with the provisions of sections 6. Such propos
als, at a minimum, shall asify- nd qualities of unenhanced data expected
tl) the quantities
from the system; which operations could begin;
their
(21 the projected date upon
constructed
(3) the number of satellites to be
he Sysm;
expected lifetimes; develop t
s offered to
(4) any need for Federal funding
(5) any percentage of sales receipts or other return
the Federal Government; the market for land remote Bening
(6) plans for expanding unity
data; and procedures for meeting the national sec
(i) the Proposed States in
concerns and international sect obligations of the United
accordance
AWARDING OF THE CONTRACT
requirements of this title,
2
t.Sc 42 SEc
*23 303. (a shall evaluate th proposals described in section 30
and, by means of a competitive Secretary' process and to the extent provided
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PUBLIC LAW 4r-365--JULY" 17, 19+4 98 STAT. 457
advance by appropriation Acts, shall contract with the United
States private sector party for the capability of providing data
continuity for a period of six years and for marketing unenhanced
data.
(2) Before commencing space operations the contractor shall
obtain a license under title IV.
(b) As part of the evaluation described in subsection (a). the
Secretary shall analyze the expected outcome of each proposal in
terms of-
(1) the net cost to the Federal Government of developing the
recommended system;
(2) the technical competence and financial condition of the
contractor;
(3) the availability of such data after the expected termination
of the Landsat system;
(4 1 the quantities and qualities of data to be generated by the
recommended system;
(5) the contractor's ability to supplement the requirement for
data continuity by adding, at the contractor's expense, remote-
sensing capabilities which maintain United States leadership in
remote sensing;
(6i the potential to expand the market for data;
(7) expected returns to the Federal Government based on any
percentage of data sales or other such financial consideration
offered to the Federal Government in accordance with section
305;
(8) the commercial viability of the proposal;
(9) the proposed procedures for satisfying the national secur-
ity concerns and international obligations of the United States;
(10) the contractor's ability to effect a smooth transition with
any contractor selected under title II; and
(11) such other factors as the Secretary deems appropriate
and relevant.
(c) Any decision or proposed decision by the Secretary to enter congress
into any such contract shall be transmitted to the Committee on
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Science and Technology of the House of Representatives
for their review. No such decision or proposed decision shall be
implemented unless (1) a period of thirty calendar days has passed
after the receipt by each such committee of such transmittal, or (2)
each such committee before the expiration of such period has agreed
to transmit and has transmitted to the Secretary written notice to
the effect that such committee has no objection to the decision or
proposed decision. As part of the transmittal, the Secretary shall
include the information specified in subsection (a).
(d) If, as a result of the competitive process required by this Report
section, the Secretary receives no proposal which is acceptable
under the provisions of this title, the Secretary shall so certify and
fully report such finding to the Congress. As' soon as practicable but
not later than thirty days after so certifying and reporting, the
Secretary shall reopen the competitive process. The period for the
subsequent competitive process shall not exceed one hundred and
eighty days. If, after such subsequent competitive process, the Secre-
tary receives no proposal which is acceptable under the provisions of
this title, the Secretary shall so certify and fully report such finding
to the Congress. Not earlier than ninety days after such certification
and report, the Secretary may assure data continuity by procure-
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ment and operation by the Federal Government of the necessary
systems, to the extent provided in advance by appropriation Acts.
SEC. 304. (a) Any contract entered into pursuant to this title-
(1) shall be entered into as soon as practicable, allowing for
the competitive procurement process required by this title;
(2) shall, in accordance with criteria determined and pub-
lished by the Secretary, reasonably assure data continuity for a
period of six years, beginning as soon as practicable in order to
minimize any interruption of data availability;
(3) shall provide that the contractor will offer to sell and
deliver unenhanced data to all potential buyers on a nondis-
. criminatory basis;
(4) shall not provide a guarantee of data purchases from the
contractor by the Federal Government;
(5) may provide that the contractor utilize, on a space-avail-
able basis, a civilian United States Government satellite or
vehicle as a platform for a civil land remote-sensing space
system, if-
(A) the contractor agrees to reimburse the Government
immediately for all related costs incurred with respect to
such utilization, including a reasonable and proportionate
share of fixed, platform, data transmission, and launch
costs; and
(B) such utilization would not interfere with or otherwise
compromise intended civilian Government missions, as de-
termined by the agency responsible for the civilian plat-
form; and
(6) may provide financial support by the United States Gov-
ernment, for a portion of the capital costs required to provide
data continuity for a period of six years, in the form of loans,
loan guarantees, or payments pursuant to section 305 of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 255).
(bi(1) Without regard to whether any contract entered into under
this title is combined with a contract under title II, the Secretary
shall promptly determine whether the contract entered into under
this title reasonably effectuates the purposes and policies of title II.
Such determination shall be submitted to the President and the
Congress, together with a full statement of the basis for such
determination. . -
(2) If the Secretary determines that such contract does not reason-
ably effectuate the requirements of title II, the Secretary shall
promptly carry out the provisions of such title to the extent pro-
vided in advance in appropriations Acts.
Sr.c. 305. (a) In order to promote aggressive marketing of land
remote-sensing data, any contract entered into pursuant to this title
Viav r. rovide that the percentage of sales paid by the contractor to
the re-deral Government shall decrease according to stipulates in-
creases in sales levels.
(b) :After the Eix-year period described in section 304iah2), the
contractor may continue to sell data. If licensed under title IV, the
98 ST.,!J. 458
July 17 LANDSAT COMMERCIA
contractor may continue to operat.
system.
REPOR
Sac. 306. Two vears after the dat
six-year period described in sectior
report to the President and to the (
transition to fully private financin,
remote-sensing space systems, toget
for actions, including actions nece
leadership in civilian land remote se.
TERMINATION or
SEc. 307. The authority granted to
terminate ten years after the date of
TITLE IV-LICENSING OF PRI
SPACE SY:
GENERAL AV'
SEC. 401. (aXI) In consultation a
agencies, the Secretary is authorized
to operate private remote-sensing st
the Secretary may specify and in acc
this title.
(2) In the case of a private space
sensing and other purposes, the aw
this title shall be limited only to th
such space system.
(b) No license shall be granted by
tary determines in writing that the
requirements of this Act, any regui
Act, and any applicable internationa
my concerns of the United States.
(c) The Secretary shall review any
urination thereon within one hundre(
of such application. If final action
time, the Secretary shall inform the
and of actions required to resolve the,
(d) The Secretary shall not deny
any existing licensee from competitio
CONDITIONS FOR
Sec. 402. (a) No person who is sub;'
of the United States may, directly
affiliate, operate any private remote-
license Pursuant to section M.
(b) Any license issued pursuant t
minimum, that the licensee shall c
meats of this Act and shall-
(1) operate the system in suc
promote the national security
observe and implement the it
United States in accordance w-itr.
98 S1 A'+
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:'nd SF:SS. .lulu I;
-al "ernment of the necessary
i advance by appropriation Acts.
add into pursuant to this title-
soon as practicable, allowing for
process required by this title;
it criteria determined and pub-
.ably assure data continuity for a
: s soon as practicable in order to
ata availability;
:ontractor will offer to sell and
it potential buyers on a nondis-
'ntee of data purchases from the
rn ment;
.tractor utilize, on a space-avail-
States Government satellite or
civil land remote-sensing space
s to reimburse the Government
i costs incurred with respect to
reasonable and proportionate
data transmission, and launch
i not interfere with or otherwise
.an Government missions, as de-
esponsible for the civilian plat-
? by the United States Gov.
'a, 31 costs required to provide
su years, in the form of loans,
pursuant to section 305 of the
:rative Services Act of 1949 (41
any contract entered into under
:ct under title II, the Secretary
the contract entered into under
iurposes and policies of title 11.
tted to the President and the
itement of the basis for such
such contract does not reason-
title 11, the Secretary shall
of such title to the extent pro-
-'. cts.
aggressive marketing of land
:tered into pursuant to this title
sales paid by the contractor to
we according to stipulated in-
:ribed in section 304(aX2), the
if licensed under title IV, the
.ludo 17 1.:1N1)SAT ('0.111FRCIA1.17. T1ON ACT ,
1 .I.. lift-1fi.i
contractor may continue to operate a civil remote-sensing space
system.
REPORT
Sec. 306. Two years after the date of the commencement of the
six-year period described in section 304(aX2), the Secrets
report to the President and to the Congress on the progress ~' shall
transition to fully private financing, ownership, and operation the
remote-sensing space systems, together with any recommendations
for actions, including actions necessary to ensure United States
leadership in civilian land remote sensing from apace.
TERMINATION OF AUTHORITY
Sec. 307. The authority granted to the Secretary by this title shall
terminate ten years after the date of enactment of this Act.
TITLE IV-LICENSING OF PR
IVATE REMOTE-SENSLN'G
SPACE SYSTEMS
GENERAL AUTHOR Ty
SEC. 401. (a)(1) In consultation with other appropriate Federal
agencies, the Secretary is authorized to license private sector parties
to operate private remote-sensing space systems for such period as
the Secretary may specify and in accordance with the provisions of
this title.
(2) In the case of a private space system that is used for remote
sensing and other purposes, the authority of the Secretary under
this title shall be limited only to the remote-sensing operations of
such space system.
(b) No license shall be granted by the Secretary unless the Secre-
tarydetermines in writing that the applicant will comply with the
requirements of this Act, any regulations issued pursuant to this
Act, and any applicable international obligations and national secu-
rity concerns of the United States.
(c) The Secretary shall review any application and make a deter-
mination thereon within one hundred and twenty days of the receipt
of such application. If final action has not occurred within such
time, the Secretary shall inform the applicant of any pending issues
and of actions required to resolve them.
(d) The Secretary shall not deny such license in order to protect
any existing licensee from competition.
CONDITIONS FOR OPERATION
SEC. 402. (a) No person who is subject to the jurisdiction or control
of the United States may, directly or through any subsidiary or
affiliate, operate any private remote-sensing space system without a
license pursuant to section 401.
(b) Any license issued pursuant to this title shall specify, at a
minimum, that the licensee shall comply with all of the require-
ments of this Act and shall-
(1) operate the system in such manner as to preserve and
promote the national security of the United States and to
observe and implement the international obligations of the
United States in accordance with section 607;
98 STAT. 459
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9t` STAT. 460 PUBLIC LAW 98-365-JULY 17, 1984
(2) make unenhanced data available to all potential users on a
nondiscriminatory basis;
(3) upon termination of operations under the license, make
disposition of any satellites in space in a manner satisfactory to
the President;
(4) promptly make available all unenhanced data which the
Secretary may request pursuant to section 602;
(5) furnish the Secretary with complete orbit and data collec-
tion characteristics of the system, obtain advance approval of
any intended deviation from such characteristics, and inform
ILLEGIB
(6) notify the Secretary of iaany
to enter with a foreign nation, entity, or consortium involving
foreign nations or entities;
-inspeetien-by -the-Secretary of the -licensee's
equipment, facilities, and financial records;
(8) surrender the license and terminate operations upon noti-
fication by the Secretary pursuant to section 403(aXl); and
(9XA) notify the Secretary of any "value added" activities (as
defined by the Secretary by regulation) that will be conducted
by the licensee or by a subsidiary or affiliate; and
(B) if such activities are to be conducted, provide the Secre-
tary with a plan for compliance with the provisions of this Act
concerning nondiscriminatory access.
ADMINISTRATIVE AUTHORITY OF THE SECRETARY
SEC. 403. (a) In order to carry out the responsibilities specified in
this title, the Secretary may-
(1) grant, terminate, modify, condition, transfer, or suspend
licenses under this title, and upon notification of the licensee
may terminate licensed operations on an immediate basis, if the
Secretary determines that the licensee has substantially failed
to comply with any provision of this Act, with any regulation
issued under this Act, with any terms, conditions, or restrictions
of such license, or with any international obligations or national
security concerns of the United States;
(2) inspect the equipment, facilities, or financial records of
any licensee under this title;
(3) provide penalties for noncompliance with the require-
ments of licenses or regulations issued under this title, includ-
ing civil penalties not to exceed $10,000 (each day of operation
in violation of such licenses or regulations constituting a sepa-
rate violation);
(4) compromise, modify, or remit any such civil penalty;
(5) issue subpenas for any materials, documents, or records,
or for the attendance and testimony of witnesses for the purpose
of conducting a hearing under this section;
(6) seize any object, fecord, or report where there is probable
cause to believe that such object, record, or report was used, is
being used, or is likely to be used in violation of this Act or the
requirements of a license or regulation issued thereunder; and
(7) make investigations and inquiries and administer to or
take from any person an oath, affirmation, or affidavit concern-
ing any matter relating to the enforcement of this Act.
(b) Any applicant or licensee who makes a timely request for
review of an adverse action pursuant to subsection (axl), (ax3), or
N
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PUBLIC LAW 96-365-JULY 17, 1954 QC STAY
iax6i shall be entitled to adjudication by the Secretary on the record
after an opportunity for an agency hearing with respect to such
adverse action Any final action by the Secretary under this subsec-
tion shall be subject to judicial review under chapter 7 of title 5,
United States ('ode.
RE
C
ULATORY AUTHORrrY OF THE SECRETARY 5 Usc (1 % rl ,ev
SEC. 404. The Secretary. may issue regulations to carry out the 1:, L'SC 4244
Provisions of this title. Such regulations shall be promulgated only
after public notice and comment in accordance with the provisions
of section 553 of title 5, United States Code.
AGENCY ACTIVITIES
SEC 405. (a) A private sector party may apply for a license to t.; use 4~4.;
operate a private remote -sensing space system which utilizes, on a
space-available basis, a civilian United States Government satellite
or vehicle as a platform for such system. The Secretary, pursuant to
the authorities of this title, may license such system if it meets all
conditions of this title and-
(1) the system operator agrees to reimburse the Government
immediately for all related costs incurred with respect to such
utilization, including a reasonable and proportionate share of
fixed, platform, data transmission, and launch costs; and
(2) such utilization would not interfere with or other-wise
compromise intended civilian Government missions, as deter-
mined by the agency responsible for such civilian platform.
f b) The may offer assistance to private sector parties in
g appropriate opportunities for such utilization.
(c) To the extent provided in advance by appropriation Acts, any
Federal agency may enter into agreements for such utilization if
such agreements are consistent with such agency's mission and
statutory authority, and if such remote-sensing space system is
licensed by the Secretary before commencing operation.
(d) The provisions of this section do not apply to activities carried
out under title V.
(e) Nothing in this title shall affect the authority of the Federal
Communications Commission pursuant to the Communications Act
of 1934, as amended (47 U.S.C. 151 et
seq.).
TERMINATION
SEC. 406. If, five years after the expiration of the six-year
described in section 304(aX2), no private sector artperiod 1.; USC 4246.
licensed and continued in operation under the provislor s of this
title, the authority of this title shall terminate.
TITLE V-RESEARCH AND DEVELOPMENT
CONTLNUED FEDERAL RESEARCH AND DEVELOPMENT
SEC. 501. (aXI) The Administrator of the National Aeronautics and is USC 4261.
Space Administration is directed to continue and to
such Administration's programs of remote enhance
development. -sensing research and
(2) The Administrator is authorized and encouraged to-
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9S STAT. 462 PUBLIC LAW 9S-365--JULY 17, 19S4
(A) conduct experimental space remote-sensing programs
(including applications demonstration programs and basic
research at universities);
(B) develop remote-sensing technologies and techniques,
including those needed for monitoring the Earth and its environ-
ment; and
(C) conduct such research and development in cooperation
with other Federal agencies and with public and private
research entities (including private industry, universities, State
and local governments, foreign governments, and international
organizations) and to enter into arrangements (including joint
ventures which will foster such cooperation.
(bkl( The Secretary is directed to conduct a continuing program
of-
(A) research in applications of remote-sensing;
(B) monitoring of the Earth and its environment; and
(C) development of technology for such monitoring.
(2) Such program may include support of basic research at univer-
sities and demonstrations of applications.
(3) The Secretary is authorized and encouraged to conduct such
research, monitoring, and development in cooperation with other
Federal agencies and with public and private research entities
(including private industry, universities, State and local govern-
ments, foreign governments, and international organizations) and to
enter into arrangements (including joint ventures) which will foster
such cooperation.
(cM1) In order to enhance the United States ability to manage and
utilize its renewable and nonrenewable resources, the Secretary of
Agriculture and the Secretary of the Interior are authorized and
encouraged to conduct programs of research and development in the
applications of remote sensing using funds appropriated for such
purposes.
(2) Such programs may include basic research at universities,
demonstrations of applications, and cooperative activities involving
other Government agencies, private sector parties, and foreign and
international organizations.
(d) Other Federal agencies are authorized and encouraged to
conduct research and development on the use of remote sensing in
fulfillment of their authorized missions, using funds appropriated
for such purposes.
Report (e) The Secretary and the Administrator of the National Aeronau-
tics and Space Administration shall, within one year after the date
of enactment of this Act and biennially thereafter, jointly develop
and transmit to the Congress a report which includes (1) a unified
national plan for remote-sensing research and development applied
to the Earth and its atmosphere; (2) a compilation of progress in the
relevant ongoing research and development activities of the Federal
agencies; and (3) an assessment of the state of our knowledge of the
Earth and its atmosphere, the needs for additional research (includ-
ing research related to. operational Federal remote-sensing space
programs), and opportunities available for further progress.
USE OF EXPERIMENTAL DATA
15 USC 4262 SEc. 502. Data gathered in Federal ex
s ace perimental remote-sensing
pace programs may be used in related research and development
programs funded by the Federal Government (including applications
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STAT
PUBLIC LAW 9~-365-JULY 17. 19S4
programs) and cooperative research programs, but not for commer.
cial uses or in competition with private sector activities, except
pursuant to section 503.
SALE OF EXPERIMENTAL DATA
SEC 503. Data gathered in Federal experimental remote-sensing
space programs may be sold en bloc through a competitive process
(consistent with national security interests and international obliga-
tions of the United States and in accordance with section 60-) to any
United States entity which will market the data on a nondiscrimina-
tory basis.
TITLE VI-GENERAL PROVISIONS
NONDISCRIMINATORY DATA AVAILABILITY
SEC 601. (a) Any unenhanced data generated by any system
operator under the provisions of this Act shall be made available to
all users on a nondiscriminatory basis in accordance with the
requirements of this Act.
(b) Any 'stem operator shall make publicly available the prices,
pollc-es:.pracedure5--and9_iher-1erms-and conditien&(but, in accord-
ance with section 10413>tC), not necessarily the names of buyers or
their purchases) upon which the operator will sell such data.
ARCHIVING OF DATA
SEC. 602. (a) It is in the public interest for the United States
Government-
(1) to maintain an archive of land remote-sensing data for
historical, scientific, and technical purposes, including long-
term global environmental monitoring;
(2) to control the content and scope of the archive; and
(3) to assure the quality, integrity, and continuity of the
archive.
(b) The Secretary shall provide for long-term storage, mainte-
nance, and upgrading of a basic, global, land remote-sensing data set
(hereinafter referred to as the "basic data set") and shall follow
reasonable archival practices to assure proper storage and preserva-
tion of the basic data set and timely access for parties requesting
data. The basic data set which the Secretary assembles in the
Government archive shall remain distinct from any inventory of
data which a system operator may maintain for sales and for other
purposes.
(c) In determining the initial content of, or in upgrading, the basic
data set, the Secretary shall-
(1) use as a baseline the data archived on the date of enact-
ment of this Act;
(2) take into account future technical and scientific develop-
ments and needs;
(3) consult with and seek the advice of users and producers of
remote-sensing data and data products;
(4) consider the need for data which may be duplicative in
terms of geographical coverage but which differ in terms of
season, spectral bands, resolution, or other relevant factors;
98 STAT 463
Public
a~ailabi lr,
L t' S(-0 271 1
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ILLEGIB 9S STAT. 464 PUBLIC LAW 9r-365-JULY 17. 194
Public
a%ailabilitc
(5) include, as the Secretary considers appropriate, unen-
hanced data generated either by the Landsat system, pursuant
to title III, or by licensees under title IV;
(6) include, as the Secretary considers appropriate, data col-
lected by foreign ground stations or by foreign remote-sensing
space systems; and
(7) ensure that the content of the archive is developed in
accordance with section 607.
(d) Subject to the availability of appropriations, the Secretary
shall request data needed for the basic data set and pay to the
providing system operator reasonable costs for reproduction and
transmission. A system operator shall promptly make requested
data available in a form suitable for processing for archiving.
(e) Any system operator shall have the exclusive right to sell all
data that the operator provides to the United States remote-sensing
data archive for a period to be determined by the Secretary but not
to exceed ten years from the date the data are sensed. In the case of
data generated from the Landsat system prior to the implementa-
tion of the contract described in section 202(a), any contractor
selected pursuant to section 202 shall have the exclusive right to
market such data on behalf of the United States Government for the
duration of such contract. A system operator may relinquish the
exclusive right and consent to distribution from the archive before
the period of exclusive right has expired by terminating the offer to
sell particular data.
(f) After the expiration of such exclusive right to sell, or after
relinquishment of such right, the data provided to the United States
remote-sensing data archive shall be in the public domain and shall
be made available to requesting parties by the Secretary at prices
reflecting reasonable costs of reproduction and transmittal.
(g) In carrying out the functions of this section, the Secretary
shall, to the extent practicable and as provided in advance by
appropriation Acts, use existing Government facilities.
SEC. 603. Unenhanced data distributed by any system operator
under the provisions of this Act may be sold on the condition that
such data will not be r c r.
REIMBURSEMENT FOR ASSISTANCE
SEC. 604. The Administrator of the National Aeronautics and
Space Administration, the Secretary of Defense and the heads of
other Federal agencies may provide assistance to system operators
under the provisions of this Act. Substantial assistance shall be
reimbursed by the operator, except as otherwise provided by law.
ACQUISITION OF EQUIPMENT
SEC. 605. The Secretary may, by means of a competitive process,
allow a licensee under title IV or any other private party to buy,
lease, or otherwise acquire the use of equipment from the Landsat
system, when such equipment is no longer needed for the operation
of such system or for the sale of data from such system. Officials of
other Federal civilian agencies are authorized and encouraged to
cooperate with the Secretary in carrying out the provisions of this
section.
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PUBLIC LAW 95-365-JULY 1-4, 19S4 9ti STAT. 465
RADIO FREQUENCY ALLOCATION
SEC. 606. (a) Within thirty days after the date of enactment of this Presider, of L" S
Act, the President for the President's delegee, if any, with authority I USC 4 .^
over the assignment of frequencies to radio stations or classes of
radio stations operated by the United States) shall make available
for nongovernmental use spectrum presently allocated to Govern?
ment use, for use by United States Landsat and commercial remote-
sensing space systems. The spectrum to be so made available shall
conform to any applicable international radio or wire treaty or
convention, or regulations annexed thereto. Within ninety days
thereafter, the Federal Communications Commission shall utilize
appropriate procedures to authorize the use of such spectrum for
nongovernmental use. Nothing in this section shall preclude the
ability of the Commission to allocate additional spectrum to com-
mercial land remote-sensing space satellite system use.
(bi To the extent required by the Communications Act of 1934, as
amended 147 U.S.C. 151 et seq.), an application shall be filed with the 47 L'SC ho?l
Federal Communications Commission for any radio facilities in-
volved with the commercial remote-sensing space system.
tci It is the intent of Congress that the Federal Communications
Commission complete the radio licensing process under the Commu-
nications Act of 1934, as amended (47 U.S.C. 151 et seq.), upon the
application of any private sector party or consortium operator of
any commercial land remote-sensing space system subject to this
Act, within one hundred and twenty days of the receipt of an
application for such licensing. If final action has not occurred within
one hundred and twenty days of the receipt of such an application,
the Federal Communications Commission shall inform the applicant
of any pending issues and of.actions required to resolve them.
)d) Authority shall not be required from the Federal Communica-
tions Commission for the development and construction of any
United States land remote-sensing space system (or component
STAT thereof), other than radio transmitting facilities or components,
while any licensing determination is being made.
(e) Frequency allocations made pursuant to this section by the
Federal Communications Commission shall be consistent with inter-
national obligations and with the public interest.
CONSULTATION
SEC. 607. (a) The Secretary shall consult with the Secretary of N,fen;e and
Defense on all matters under this Act affecting national security. do tai
The Secretary of Defense shall be responsible for determining those I,-, use 4_,77
conditions, consistent with this Act, necessary to meet national
security concerns of the United States and for notifying the Secre-
tary promptly of such conditions.
(bx l) The Secretary shall consult with the Secretary of State on
all matters under this Act affecting international obligations. The
Secretary of State shall be responsible for determining those condi-
i
t
ons, consistent with this Act, necessary to meet international
obligations and policies of the United States and for notifying the
Secretary promptly of such conditions.
(2) Appropriate Federal agencies are authorized and encouraged
to provide remote-sensing data, technology, and training to develop-
ing nations as a component of programs of international aid.
STAT
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? STAT. 466 PUBLIC LAW 9S-365-JULY 17. 1954
(3) The Secretary of State shall promptly report to the Secretary
any instances outside the United States of discriminatory distribu-
tion of data.
(c~ If, as a result of technical modifications imposed on a system
operator on the basis of national security concerns, the Secretary, in
consultation with the Secretary of Defense or with other Federal
agencies, determines that additional costs will be incurred by the
system operator, or that past development costs (including the cost
of capital) will not be recovered by the system operator, the Secre-
tary may require the agency or agencies requesting such technical
modifications to reimburse the system operator for such additional
or development costs, but not for anticipated profits. Reimburse-
ments may cover costs associated with required changes in system
performance, but not costs ordinarily associated with doing business
abroad.
L' SC
not,-
I., USC U'1
note
AMENDMENT TO NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
AUTHORIZATION, 1983
SEC. 605. Subsection (a) of section 201 of the National Aeronautics
and Space Administration Authorization Act, 1983 (Public Law 97-
324; 96 Stat. 1601) is amended to read as follows:
"(a) The Secretary of Commerce is authorized to plan and provide
for the management and operation of civil remote-sensing space
systems, which may include the Landsat 4 and 5 satellites and
associated ground system equipment transferred from the National
Aeronautics and Space Administration; to provide for user fees; and
to plan for the transfer of the operation of civil remote-sensing space
systems to the private sector when in the national interest.".
AUTHORIZATION OF APPROPRIATIONS
SEC. 609. (a) There are authorized to be appropriated to the
Secretary $75,000,000 for fiscal year 1985 for the purpose of carrying
out the provisions of this Act. Such sums shall remain available
until expended, but shall not become available until the time peri-
ods specified in sections 202(c) and 303(c) have expired.
(b) The authorization provided for under subsection (a) shall be in
addition to moneys authorized pursuant to title II of the National
Aeronautics and Space Administration Authorization Act, 1983.
TITLE VII-PROHIBITION OF COMMERCIALIZATION OF
WEATHER SATELLITES
President of U S SEC. 701. Neither the President nor any other official of the
17 -- 1 -1
Government shall make any effort to lease, sell, or transfer to the
private sector, commercialize, or in any way dismantle any portion
of the weather satellite systems operated by the Department of
Commerce or any successor agency.
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PUBLI(' LAW 9,~-3G,-,-Jt'Ll' 1 1p?4 ki,
FLTL'RE CONSIDERATIONS
SEC 702. Regardless of any change in circumstances subsequent to
the enactment of this Act, even if such change makes it appear the national interest to commercialize weather satellites, neither t
the President nor any official shall take any action prohibited be
section 701 unless this title has first been repealed.
Approved July 1;, 1954
LEGISLATIVE HISTORY-H.R. 5135
HOUSE REPORT NoNo 9P-647 Comm
SENATE REPORT on Science and Technology., N 9F-45K 'ComN111154841:
on Commerce Science. and Trans
CONGRESSIONAL RECORD, Vol. portation,
Apr 9, considered and passed House
June r, considered and passed Senate, amended
June 2 . House concurred in Senate amendment with an amendment.
June 29. Senate concurred in House amendment
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vo1 20, No. 29 (1y.4July IT. Presidential statement.
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