CONGRESSIONAL RECORD - SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05T02051R000200370011-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 22, 2016
• Document Release Date: August 18, 2011
• Sequence Number: 11
• Publication Date: June 29, 1984
• Content Type: MISC

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S 8902 CONGRESSIONAL RECORD - SENATE
Mr. LONG. I am not going to be er, it would be difficult to do anything
there for one good reason. I can have a in the furture.
better time someplace else. It is not all Mr. LONG. This is taxpayer money
that much fun. being spent, and it ought to be ac-
Mr. RANDOLPH. Mr. President, counted for just as the President's
who has the floor? I would like to campaign expenditures have to be ac-
make a statement. counted for. If there is any irregular-
Mr. BAKER. I think the Senator ity, somebody ought to be accountable.
from West Virginia. This is not money to be spent just to
Mr. RANDOLPH. Mr. President, and have a good time.
my colic. ues i #I,
g n
Ch
i U111.
United States: My reference to 1912 1s- a Ill. _ Cal Landsat system has established the
The bill (H.R. 5950) was ordered to a United States as the world leader in land
not fantasy. I attended that conven- third reading, was read the third time, remote-sensing technology; ' .
tion when Woodrow Wilson was nomi- and passim (3) the national interest of the United
nated over Champ Clark, who was Mr. BAKER. Mr. President, I move leadership Sm lies in mar mote sing International
then the Speaker of the House of Rep- to reconsider the vote by which the to civil remote sensing use of
resentatives. bill was passed. broadly promoting
ng data;. the beneficial use of
Mr. DOLE. I will be happy to co- remote-sensing - .t-? - -,- sponsor aawith Mr. DOLE. Mr. President, I move to (4) land remote sensing. by -the Govern-
sponsor any the Sen- lay that motion on the table. ment or private parties of the United States
ator from Louisiana amendment
. When would to accomplish
that with pl eh effhis his The motion to lay on the table was 'affects international commitments and poli-
au ros
e? agreed to. cies and national security concerns of the
tu- n . vT,.. TTn:.e,i c._...-.
this kind to be discussed, let alone ..m.- urcnl, w oe orrerea, the question nomic importance;
tibl pos- its on the third reading and passage of (2) the Federal Government's experimen-
t' passed by the Congress of the Il
PURPOSES. AND POLICIES
FINDINGS
101. The Congress finds and declares
on
onvention when we nomi- The PRESIDING OFFICER. The (1) the continuous civilian collection and
Hated Woodrow Wilson in Baltimore amendment is withdrawn. utilization of land remote-sensing data from
space are of major benefit in managing the
in 1912.1 was there at the convention, The bill is hrtnrs. the Ran-t- --A
June 29, 1984
satellite data, and for other purposes", with
the following amendment: In lieu of the
matter inserted by the said amendment.
insert:
That this Act may be cited as the "Land
Remote Sensing Commercialization Act of
1984".
TITLE I-DECLARATION OF FINDINGS.
e
amber, we had Mr. President, I withdraw my Six.
no problem like this in the Democratic amendment. that-
Nati
1 C
Ivir.- livci--obviously.-we cannot des -- _- - -- ? ??~,.,~,..t -t5) thetiroadestand-mosrbetteficfaTtl>nEa1
compTe~es m ITist- We now must await .
do not want a burden imposed on the
Republican Party that is not imposed
on the Democratic Party. But I do
think starting at the next convention
that is how it ought to be. If we spend
money, it ought to be for security. Se-
curity is becoming an increasing prob-
lem. I can understand that. I think the
people of the United States can under-
stand that. If you can show this ex-
penditure is for essential security
needs. I am sure they would approve
of it.
Those cities,- by the-way, ought to
help provide security. As I indicated;-I
was at the Chicago convention when
the antiwar protesters really gave the
Democrat a very bad time. It was only
because there was a very strong mayor
in the city of Chicago that they did
not break that convention up. But you
cannot expect quite that much of a
strong mayor in every city around the
United States, and sometimes even
with a strong mayor, you may not be
able to enforce security, in view of the
terrorism and all that which is afoot
in the world today.
Mr. DOLE. I have talked to Mr. Jim.
He is a very responsible man. I indicat-
minutes ago. He indicated that there
are many things. One would be some
of It to go to the city of Dallas for
extra protection; some would go to
ushers, maybe. They may not be in
uniform, but they are a force as-far as
orderly conduct in a convention is con.
cerned. I have indicated our reluctance
to do the things suggested earlier, and
he agreed with that. But he was not
prepared- to indicate how he would ac-
count for every dollar.
I do believe they understand if there
is anything that looks like it is improp-
- - ?? - - - w~? ? maintaining a policy of nondiscriminatory -
tion from the House of Represents- access to data; _
Lives
I
r
.
suggest the absence of a
quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The bill clerk proceeded to call the
roll.
Mr. BAKER. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. BAKER. Mr. President, there is
one other matter that I understand
has been cleared on both sides for
action. That is concurring in a House
amendment to the Landsat conference
report. I hope we can do that before
we leave. While we try to find the
papers and the people, I suggest the
absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The bill clerk proceeded to call the
roll.
Mr. DOLE. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
LAND REMOTE-SENSING
SATELLITE DATA
the Chair lay before the Senate a mes-
sage from the House of Representa-
tives on H.R. 5155.
The . PRESIDING OFFICER laid
before the Senate the following mes-
sage from the House of Representa-
tives:
Resolved, That the House agree to the
amendment of the Senate to the bill (H.R.
5155) emtitled "An Act to establish a system '
to promote the use of land remote-sensing
(6) competitive,. marketdriven? 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 conti-
nuity;
(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 Gov.
ernment 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 struc-
tured to involve the minimum practicable
amount of support and regulation by Feder-
al Government and the maximum practica-
ble amount of competition by the private
sector, while assuring continuous availabil-
ity 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
(14) there is no compelling reason to com-
mercialize meteorological satellites at this
time.
rvaroso
Ssc. 102. The purposes orthis 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 assuring continuous data availability
to the Federal Government;
(2) maintain the United States worldwide
leadership in civil remote sensing, preserve
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June 29, 198.1, CONGRESSIONAL RECORD - SENATE
its national security, and fulfill its Interna- sensing space systems. Such minimal u 8903
tional obligations; easing may include rectification of distor- sionno Upro for their
decision No such ple-
(3) minimize the duration and amount of Lions, registration with respect to Pratt.-__ proposed decion shall be imir.
further Federal Investment necessa
ry to
assure data continuity while achieving com-
mercialization of civil land remote sensing;
(4) provide for a comprehensive civilian
program of research, development, and dem-
onstration to enhance both the United
States capabilities for remote sensing from
space and the application and utilization of
such capabilities; and
(5) prohibit commercialization of meteoro.
logical satellites at this time.
POLICIES
sVOnse. Sminimal . ` .,nj' nas Pas.sea alter the receipt by each
include Such uc processing does not such committee of such transmittal, or (B)
ns. manipulations, or calcu. each such committee before the expiration
lations derived from such signals or film of such period has agreed to transmit and
products or combination of the signals or has transmitted to the Secretary written
film products with other data or informa- notice to the effect that such committee has
tion. no objection to the decision or proposed (5) The term "system operator" means a cision. As part of the transmittal, tSecre-
contractor under title II or title III or a Ii- tary shall Include Information on the terms
cense holder under title IV, of the contract described in subsection (a ).
TITLE 11-OPERATION AND DATA (d) In defining "U
it
n
ed Statei
s prvate
SEC. 103. (a) It shall be the Policy of the MARKETING OF LANDSAT SYSTEM sector party" for purposes of this Act, the
United States to preserve its right ac- OPERATION Secretary may take into account the citizen-
Quire ship of key personnel, location of assets, for-- -
sensing qulre and data. disseminate unsrttlanced remoter Sac sponsible 201. for(a) The Secretary shall be re- elfin ownership, control, influence, and
-
(b) It shall be the policy of the United (1) the Landsat system, including the other such factors,
States that civilian unenhanced remote- orbit, operation, and disposition of Landsats CONDITIONS Or coMpa-rITIoN FOR CONTRACT
203. (a) e Secretr shall, sensing data be made available to all poten- 1: 2, 3, 4, and 5; and
ttal users on a nondiscriminatory basis and (2) provision of data to foreign ground sta- ofSEC.
advertisementSfor the competittiion for
to a manner consistent with applicable anti- tions under the terms of agreements be- the contract authorized by section 202. Iden-
trust laws. tween the United States Government and tify and publish the International obliga-
(c) It shall be the policy of the United nations that operate such ground stations Lions, national security concerns (with ap-
States both to commercialize those remote- which are in force on the date of commence- propriate protection of sensitive informa-
sensing space systems that properly lend ment of the contract awarded pursuant to tion), domestic legal considerations, and any
themselves to private sector operation and this title. other standards or conditions which a pri-
to avoid competition by the Government (b) The provisions of this section shall not vate contractor shall be required to meet.
with such commercial operations, while con- affect the Secretary's authority to contract (b) In selecting a contractor under this
tinuing to preserve our national security, to for the operation of part or all of the Land- title, the Secretary shall consider-
honor our international obligations, and to sat system, so long as the United States (1) ability to market aggressively unen-
retain in the Government those remote- Government retains-
sensing functions that are essentially of a (1) ownership of such system; h (2ced data;
2) the s overall retu
public service nature. (2) ownership of the unenhanced data. Gov
ernment. Including hetal of nti to
co the tial DEFINITIONS
and savings to the Government that are likely to
Sac. 104. For Purposes of this Act: (3) authority to make decisions concerning result from the contract;
(1) The term "La ses o ndsat system.. means Operation of the system. (3) ability to meet the obligations, con.
Landsats 1, 2, 3, 4, and 5, and any related CONTRACT FOR MARKETING OF UNENHANCED terns, considerations, standards, and condi-subs-ctlo (a),
ground equipment, systems, and facilities, DATA
and any successor civil land remote-sensing Sac. 202. (a) In accordance with the re- (4) lions technical competence. a Including the
space systems operated by the United States quirements of this title, the Secretary, by aility to assure continuous and timely de-
Government prior to the commencement of means of a competitive process and to the livery of data from the Landsat system;
the six-year period described in title III. extent provided in advance by appropriation (5) ability to effect a smooth transition
(2) The term "Secretary" means the Sec- Acts, shall contract with a United States with the contractor selected under title III;
retary of Commerce, private sector party (as defined by the Sec-
and
OXA) The term "nondiscriminatory retary) basis" means without . preference, bias, or data collected byrtthek Laundsat sy tem. Any deems app other facd re v the Secretary
any other special arrangement (except on such contract-.. (c) If. as a pra result and relevant.
the basis of national security concerns pur- (1) shall provide that the contractor set ess required by section 202(a), heiSecretary
suant to section 607) regarding delivery, the prices of unenhanced data; receives no proposal which is
format, financing, or technical consider- (2) may provide for financial arrange- under the provisions of this title, the acceptable which would favor one buyer or class ments between the Secretary and the con- tary shall so certify and fully report such
(B)
of buyers over another. tractor including fees for operating the finding to the Congress. As soon as The sale of data is made on a nondis- system, payments by the ...,.,t..,. _
criminatctrv h??i? . m
- wre w... - practica-
y if (I)
or
d
a
ata is published in advance In
such manner as will ensure that the offer is
equally available to all prospective buyers;
(if) the system operator has not established
or changed any price, policy, procedure, or
other term or condition In a manner which
gives one buyer or class of buyer de facto fa.
vored access to data; (fie) the system opera-
tor does not make unenhanced data avail-
a
and (iv) in a case ble to any Purchaser on an exclusive basis;
o
no greater than ffers volume discounts. sa uch system
discounts are
the reduc-
tions In the cost f 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 consist-
ent with the provisions of this paragraph.
(C) The Sale of data on a nondiscrimina-
tory basis does not require (1) that a system
operator disclose names of buyers or their
purchases; (ii) that a system operator main-
tain all, or any particular subset of, data in
a working inventory; of (iii) that a system
operator expend equal effort to developing
all segments of a market.
(4) The term "unenhanced data" means
unprocessed or minimally Processed signals
or film products collected from civil remote-
ceipta, or other such considerations. rr reopen tw1u he comttiitiive p Process, They shall
(3) shall provide that the contractor will for the subse Pee period
offer to sell and deliver unenhanced data to not exceed su 2uedays If. competitive
such subsel
all potential buyers on a nondiscriminatory quent competitive process, the Secretary re-
basis' ceives no proposal which is acceptable under
(4) shall provide that the contractor pay the provisions of this title, the Secretary
to the U.S. Government the full purchase shall so certify and fully report such finding
Price of any unenhanced data that the con- to the Congress. In the event that no ac.
tractor elects to utilize for purposes other ceptable proposal is received, the Secretary
than sale; shall continue to market data from the
(5) shall be entered Into by the Secretary Landsat system.
only if the Secretary has determined that (d) A contract awarded under section 202
such contract is likely to result in net cost may, in the discretion of the Secretary, be
savings for the U.S. Government: and combined with the contract required by title
(6) may be reawarded competively after III, pursuant to section 304(b).
the practical demise of the space segment of
the Landsat system, as determined by the SALE OF DATA
Secretary. SEC. 204. (a) After the date of the coin.
(b) Any contract, authorized by subsection mencement of the contract described In sec-
(a) may specify that the contractor use, and, tion 202(a), the contractor shall be entitled
at his own expense, maintain, repair, or to revenues from sales of copies of data
modify, such elements of the Landsat from the Landsat system, subject to the
system as the contractor finds necessary for conditions specified In sections 601 and 602.
commercial operations. (b) The contractor may continue to
(c) Any decision or proposed decision by market data previously generated by the
the Secretary to enter into any such con- Landsat system after the demise of the
tract shall be transmitted to the Committee space segment of that system.
on Commerce. Science, and Transportation FOREIGN GROUND STATIONS
of the Senate and the Committee on Sci- SEC. 205. (a) The contract under this title
ence and Technology of the House of Rep. shall provide that the contractor shall act
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890?1 CONGRESSIONAL RECORD - SENATE
ati nt of the Secretary by continuing JUIte ,: ,9, 1.984
to Supply agent
the ground agestations for the life, and
unenhaSecd data Period of six years and for marketing unen- mined (2) shall and , in accordance pub llished by the with Secreta criteria drcaeter-
to foreign cco ding h 2)~ Bforre commencing space operations sonab)y to the terms. ished -inuit rms. of those agreements between the contractor shall obtain a license under of six y assure data g as s ony for a
the United States Government and such title IV. period
foreign n ground stations that are in form on (b) As part of the evaluation described in data in six years, beginning as soon tJBI o r uption l f
the date of the commencement of the con- subsection (a), the Secretary shall analyze in order to minimize any interruption of
tract. shall pro i
(b) Upon the expiration of such agree- the expected outcome of each proposal in offer to sell and deli r~unenltanced data to
ments, or In the case of foreign ground ate- (1) the net cost to the Federal Govern-
tlons that have no agreement with the merit of developing the recommended all potential buyers on a nondiscriminatory
United States on the date of commencement meet : basis;
of the contract, the contract shall provide- Cl) shall not provide a guarantee of data
(1) thnf - - (2) the technical Mmnof..-
, .: .,,. .
avai
for. (3)
the availability eign ground stations ce by thlable to
and such the after the (5) may provide that the contractor urn
contractor; expected termination
system; of Landsat Use, on a space-available basis, a Civilian
(2) that such data shall be made available (4) the quantities and qualities United States pl tform Government
form a t civil land satellite remote.
on a nondiscriminatory basis, of data to cle be generated by the recommended system; sensing space system, if_
TITLE III-PROVISION OF DATA CON- (5) the contractor's ability
TINUITy-- to supplement
ITLE AFTER THE -'LAN the
I~SAT requirement for data continuity by (A) the contractor agrees to reimburse the
SYSTEM adding, at the contractor's expense, remote. Government immediately tely for all related
PURPOSES AND DErINITION wing Capabilities which maintain United costs Incurred with respect to such utilize.
Sec. 301_-1a1 Iris the States leadership in remote sensing;--.---, ?.._ ng Or reasonable and proportion:.
Utle- Purl)ose of this (6) the potential to expand the market for ate ate share are Of fixed, platform, data transmis.
and
(1) to Provide, in an orderly manner and d (7) expected. returns to the Federal Gov- si(B, ) and such utilization would
with minimal risk, for, a transition (B not interfere
Government operation to privte, mmert Saern les or otbased on her suchafinancial -Percentage ratin miwithn or otherwise Government se bCompromise intended ci-
cial operation of civil land remote-sensing offered- to the Federal Government in. ac. by the agencY e- for the determined
sYs civilian
terns .and cordance with section 305; l
(2) to provide data continuity for six years (8) the commercial viability of the re, Platform; and
after the practical demise of the space seg. al; D PCs (6) d St Provide rnment. support the
may by merit of the Landsat system. (9) the United States Government, for a provide portion
(b) For Purposes of this title, the term Proposed ur procedures for the capital costs to as, in the national security concerns and interna. - continuity for a period riod of f six years, n the
data
**data continuity" means the continued tional obligations of the United States; form of loans, of unenhaneed data- (10) the contractor's ability to effect a Pursuant ~~' loan guarantees, ed Federal Frops
(1) including data which are from the smooth transition with any contractor se. arty and dm niistraUveoSerthe vices Act of 1949
point of view of a data user- lected under title II; and
(A) functionally equivalent to the multi- (11) such other factors as the Secretary (41 US.C.255).
spectral data generated by the Landsat I deems appropriate and relevant. (c a Without regard r whether any con-ntered and 2 satellites; and (C) Any decision or proposed decision by tbined ract with a into under rhit title is c -
(B) compatible with such data and with the Secretary to enter into any such con. retary ith a contract under title II. , the See
equipment used to receive and process such tract shall be transmitted to the Committee refshall promptly determine whether
data; and on Commerce. Science, and Transportation the contract entered Into under this title
(2) at an annual volume at least equal to of the Senate and the Committee on reasonably effectuates the purposes and
the Federal usage during fiscal year 1983. ence and Technology of the House of Rep
(c)
resentatives for their review. No such deci? be Policies and the Con-
technologies are avalable sion or
provided using Proposed decision shall be imple-
geese, together gether with a a full statement of the
DATA CONTINUITY AND AVAILABILITY t merited unless (1) a period of 30 calendar basis for such determination.
S
EC. 302. The Secretary shall solicit to- days has passed after the receipt by each (2) If'the Secretary determines that such
P a from Une States p such committee of such transmittal, or (2) contract does not reasonably effectuate the
parties fro defined b private sector each such committee before the expiration requirements of title II, the Secretary shall
am to section ne for a the Secretary pursu. of such period has agreed to transmit and Promptly carry out the provisions of such
the
vn to se t and operation contract
arefor the de- has transmitted to the Secretary written title to the extent provided in advance in
ing space system capable of Of -
providing data notice to the effect that-such committee has appropriations acts.
continuit f
no'obj
or a period of six years and
p012 a to the decision or proposed de.
marketing Y une toe vision. As As part of the transmittal, the Sucre.
with the provisions ons of d secdata tions in accordance tary shall include the Information specified
of 601 and 602. in subsection (a).
Such proposals, at a minimum, shall speci-
fy- (d) If. as a result of the competitive proc-
ess required by this section, the Secretary
handed data expected from the system;
receives no proposal which is acceptable
(2) the projected date u under the provisions of this title, the Secre-
ations could begin; upon which oiler- Lary shall so certify and fully report such
(3) the number of satellites to be con- finding to the Congress. As soon as practica.
at (3) h and mb their eo sate lifetimes; ble but not later than 30 days after so certi.
d
(4) any need for Federal f
unding to level. Eying and reporting, the Secretary shall
Op the system; reopen the Competitive process. The period
(5) any
for the sub
percentage of sales recei is or
sequent competitive process shall
other returns offered to the Federal Gov- not exceed 180 days. If, after such subse.
other t; quent competitive process, the Secretary re.
(6) Plans for expanding the market for ceives no proposal which Is acceptable under
land remote-sensing ands; and the provisions of this title, the Secretary
(7) the proposed procedures for meeting to t shall t so Cong and fully report such finding
the national security concerns and intern. after he Congress, Not Bander poan 90 days ort, tional obligations of the United States in ac? such certification n and rcnti they by
cordance with section 607. retary may assure data continuity by
AWARDING Or THE CONTRACT procurement and operation by the Federal
Gthe extent overnment- 303. (aX I) In accordance with the re- provided necessary advance bY tems.
~ ail to
quirements of this title, the Secretary priation Acts. pm
evaluate the proposals described in section n P
302 and, by means of a competitive process ~ Or oo -nom
and to the extent provided in advance by pursuant t . this, Any contract entered Into
appropriation Acts, shall contract with a U) shall be entered into as soon as practi,
United States private sector Party for the cable. allowing for the competitive procure.
capability of Providing data continuity for a ment process required by this title;
>tuaxsrzNo
SEC. 305. (a) In order to promote aggres-
sive marketing of land remote-sensing data.
any contract entered into pursuant to this
title may provide, that the percentage of
sales paid by the contractor to the Federal
Government shall decrease according to
stipulated increases in sales levels.
(b) After the six-year period described in
section 304(aX2). the contractor may contin-
ue to sell data. If licensed under title IV; the
contractor may continue to operate a civil
remote-sensing space system.
REPORT
Svc. 306. Two year after the date of the
commencement of the six-year period de-
scribed in section 304(5R2), the Secretary
shall report to the President and to the
Congress on the progress of the transition
to fully private financing, ownership. and
operation of remote-sensing space systems,
together with any recommendations for ac-
tions, including actions necessary to ensure
United States leadership in civilian land
remote sensing from space.
TERSIINATION OP AUTHORITY
Svc. 307. The authority granted to the
Secretary by this title shall terminate 10
Years after the cr?.te of enactment of this
Act. .
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June 29, 1.984 CONGRESSIONAL RECORD - SENATE
TITLE IV-LICENSING OF PRIVATE
REMOTE-SENSING SPACE SYSTEMS
GENERAL AUTHORITY
SEC. 410. (aXi) In consultation with other
appropriate Federal agencies, the Secretary
Is authorized to license private sector par-
ties to operate private remote-sensing space
systems for such period as the Secretary
may specify and In accordance with the pro-
visions 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 Sec-
retary unless the Secretary determines in
writing that the applicant will comply with-
the requirements of this Act, any regula-
tions issued pursuant to this Act, and any
applicable international obligations and na-
tional security concerns of the United
States.
(c) The Secretary shall review any appli-
cation and make a determination thereon
within 120 days of the receipt of such appli-
cation. It 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 li-
cense in order to protect any existing licens-
ee from competition.
CONDITIONS FOR OPERATION
Sac. 401. (a) No person who is subject to
the jurisdiction or control of the United
States may, directly or through any subsidi-
ary or affiliate, operate any private remote-
sensing space system without a license pur-
suant to section 401.
(b) Any license issued pursuant to this
title shall specify; at a minimum, that the li-
censee 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 securi-
ty of the United States and to observe and
implement the international obligations of
the United States in accordance with sec-
tion 607;
(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 satel-
lites in space in a manner satisfactory to the
President;
(4) promptly make available all unen-
hanced data which the Secretary may re-
quest pursuant to section 602;
(5) furnish the Secretary with complete
orbit and data collection characteristics of
the system, obtain advance approval of any
intended deviation from such characteris-
tics, and inform the Secretary immediately
of any unintended deviation;
(6) notify the Secretary of any agreement
the licensee intends to enter with a foreign
nation, entity, or consortium Involving for-
eign nations or entities:
(7) permit the Inspection by the Secretary
of the licensee's equipment, facilities, and fi-
nancial records;
(8) surrender the license and terminate
operations upon notification- by the Secre-
tary pursuant to section 403(aXl); and
(9XA) notify the Secretary of any "value
added" activities (as defined by the Secre-
tsry'by regulation) that will be conducted
by the licensee or by a subsidiary or affili-
ate: and
(B) if such activities are to be conducted,
provide the Secretary with a plan for com-
pliance with the provisions of this Act con-
cerning nondiscriminatory access.
ADMINISTRATIVE AUTHORITY OF THE SECRETARY
Sec. 403. (a) In order to carry out the re-
sponsibilities specified in this title, the Sec-
retary 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 immedi-
ate 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 obliga-
tions or national security concerns of the
United States;
(2) inspect the equipment, facilities, or fi-
nancial records of any licensee under this
(3) provide penalties for noncompliance
with the requirements of licenses or regula-
tions issued under this title, including civil
penalties not to exceed $10,000 (each day of
operation in violation of such licenses or
regulations constituting a separate viola-
tion);
(4) compromise, modify; or remit any such
civil penalty; -
(5) issue subpoenas for any materials, doc-
uments, or records, or for the attendance
and testimony of witnesses for the purpose
of conducting a hearing under this section;
(6) seize any object, record, 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 viola-
tion of this Act or the requirements of a li-
cense or regulation issued thereunder, and
(7) make Investigations and Inquiries and
administer to or take from any person an
oath, affirmation, or affidavit concerning
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 subsections (aXi), (a)(3),
or (aX6) shall be entitled to adjudication by
the Secretary on the record after an oppor-
tunity for an agency hearing with respect to
such adverse action. Any final action by the
Secretary under this subsection shall be
subject to judicial review under chapter 7 of
title 5, United States Code.
REGULATORY AUTHORITY OF THE 5ZCR=ARY
SEC. 404. The Secretary may issue regula-
tions to carry out the provisions of this title.
Such regulations shall be promulgated only
after public notice and comment in accord-
ance 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 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 con-
ditions of this title and-
(1) the system operator agrees to reim-
burse the Government immediately for all
related costs incurred with respect to such
utilization. Including a reasonable and pro-
portionate share of fixed, platform, data
transmission, and launch costs; and
(2) such utilization would not Interfere
with or otherwise compromise Intended ci-
vilian Government missions, as determined
by the agency responsible for such civilian
platform.
(b) The Secretary may offer assistance to
private sector parties In finding appropriate
opportunities for such utilization
(c) To the extent provided in advance by
appropriation Acts, any Federal agency may
S 8905
enter into agreements for such utilization if
such agreements are-consistent with such
agency's mission and statutory auihonty,
and if such remote-sensing space system is
licensed by the Secretary before corn menc-
ing operation.
(d) The provisions of this section do not
apply to activities carried out under title V.
-(e) Nothing in this We shall affect the
authority of the Federal Communications
Commission pursuant to the Communica-
tions 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 period described In section
304(aX2), no private sector party has been
licensed and continued in operation under
the provisions of this UUe, the authority of --
this title shall terminate.
TITLE V-RESEARCH AND
-- - DEVELOPMENT _
CONTINUED FWESAI. RESEARCH AND
DEVELOPMENT
Sac, 501. (a)(i) The Administrator of the
National Aeronautics and Space Administra-
tion is directed to continue and to enhance
such Administration's programs of remote-
sensing research and development.
(2) The administrator is authorized and
encouraged to-
(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 environment;
and
(C) conduct such research and develop-
ment In cooperation with other Federal
agencies and with public and private re-
search entities (Including private industry,
universities. State and local governments,
foreign governments, and international or-
ganizations) and to enter into arrangements
(including joint ventures) which will foster
such cooperation.
(bX1) The Secretary is directed to conduct
a continuing program of-
(A) research In applications of remote-
sensing;
(B) monitoring of the Earth and its envi-
ronment; and
(C) development of technology for such
monitoring.
12r Such program may include support of
basic research at universities and demon-
strations of applications.
oouraged to conduct such research, monitor-
ing, and development in cooperation with
other Federal agencies and with public and
private research entities (including private
industry, universities. State and local gov-
ernments, foreign governments, and inter-
national organizations) and to enter into ar-
rangements (including joint ventures) which
will foster such cooperation.
(cX1) In order to enhance the United
States ability to manage and utilize its re-
newable and nonrenewable resources, the
Secretary of Agriculture and the Secretary
of the Interior are authorized and encour-
aged 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 re-
search at universities, demonstrations of ap-
plications, and cooperative activities Involv-
ing other government agencies, private
sector parties, and foreign and International
organizations.
(d) Other Federal agencies are authorized
and encouraged to conduct research and de-
velopment-on the use of remote sensing in
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S 8906 CONGRESSIONAL RECORD - SENATE
fulfillment of their authorized missions,
using funds appropriated for such purposes.
(e) The Secretary and the Administrator
of the National Aeronautics and Space Ad.
ministration 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 re-
search 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 at-
mosphere. the needs for additional research
(including research related to operational
Federal remote-sensing space programs),
and opportunities available for further
progress.
USE OF EXPERIMENTAL DATA
SEC. 502. Data gathered in Federal experi-
mental remote sensing space programs may
be used in related research and development
programs funded by the Federal Govern-
ment (including applications programs) and
cooperative research programs, but not com-
mercial uses or in competition with private
sector activities, except pursuant to section
503.
SALE OF EXPERIMENTAL DATA -
SEC. 503. Data gathered in Federal experi-
mental remote sensing space programs may
be sold en bloc through a competitive proc-
ess (consistent with national security Inter-
est and international obligations of the
United States and in accordance with sec-
tion 607) to any United States entity which
will market the data on nondiscriminatory
basis.
TITLE VI-GENERAL PROVISIONS
NONDISCRIMINATORY DATA AVAILABILITY
SEC. 601. (a) Any unenhanced data gener-
ated by any system operator under the pro-
visions of this Act shall be made available to
all users on a nondiscriminatory basis in ac-
cordance with the requirements of this Act.
(b) Any system operator shall make pub-
licly available the prices, policies proce-
dures, and other terms and conditions (but.
in accordance with section 104(3)(C), not
necessarily the names of buyers or their pur-
chases) 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, maintenance. and upgrading
of a basic, global, land remote-sensing data
set (hereinafter referred to as the "basic
data set") and shall follow reasonable archi-
val practices to assure proper storage and
preservation 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 dis-
tinct 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 Sec-
retary shall-
(1) use as a baseline the data archived on
the date of enactment of this Act;
(2) take into account future technical and
scientific developments 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 cov-
erage but which differ in terms of season,
spectral bands, resolution, or other relevant
factors;
(5) include, as the Secretary considers ap-
propriate, unenhanced data generated
either by the Landsat system, pursuant to
title III, or by licensees under title IV;
(6) Include, as the Secretary considers ap-
propriate, data collected by foreign ground
stations or by foreign remote-sensing space
systems; and
(7) ensure that the contentof the archive
is developed In accordance with section 607.
(d) Subject to the availability of appro-
priations, the Secretary shall request data
needed for the basis 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 process-
ing for archiving.
(e) Any system operator shall have the ex-
clusive right to sell all data that the opera-
tor provides to the United States remote-
sensing data archive for a period to be de-
termined 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 Implementation
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 con-
tract. A system operator may relinquish the
exclusive right and consent to distribution
from the archive before the period of exclu.
sive 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 Secre-
tary 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 Govern-
ment facilities.
HONREPRODUCTION
SIC. 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 reproduced or dissemi.
nated by the purchaser.
REIMBURSEMENT FOR ASSISTANCE
SEC. 604. The Administrator of the Na-
tional Aeronautics and Space Administra.
tion, the Secretary of Defense and the
heads of other Federal agencies may pro-
vide assistance to system operators under
the provisions of this Act. Substantial assist-
ance shall be reimbursed by the operator,
except as otherwise provided by law.
ACQUISITION Or 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 equip-
ment from the Landsat system, when such
equipment In no longer needed for the oper-
ation of such system or for the sale of data
from such system. Officials of other Federal
civilian agencies are authorized and encour-
aged to cooperate with the Secretary in car-
rying out the provisions of this section.
Juzie ?9, 1,984
RADIO FREQUENCY ALLOCATION
SEC. 606. (a) Within 30 days after the date
of enactment of this Act, the President (or
the President's delegee. if any, with author-
ity over the assignment of frequencies to
radio stations or classes of radio stations op-
erated by the United States) shall make
available for non-governmental use spec-
trum presently allocated to government use.
for use by United States Landsat and com-
mercial remote-sensing space systems. The
spectrum to be so made available shall con-
form to any applicable international radio
or wire treaty or convention, or regulations
annexed thereto. Within 90 days thereafter.
the Federal Communications Commission
shall utilize appropriate procedures to au-
thorize the use of such spectrum for non-
governmental use. Nothing in this section
shall preclude the ability of the Commission
to allocate additional spectrum to commer-
cial land remote-sensing space satellite
system use.
(b) To the extent required by the Commu-
nications Act of 1934, as amended (47 U.S.C.
151 et. seq.), an application shall be filed
with the Federal Communications Commis-
sion for any radio facilities Involved with
the commercial remote-sensing space
system.
(c) It is the intent of.Congress that the
Federal Communications Commission com-
plete the radio licensing process under the
Communications 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 120 days of the receipt of an applica-
tion for such licensing. If final action has
not occurred within 120 days of the receipt
of such an application, the Federal Commu-
nications Commission shall Inform the ap-
plicant of any pending Issues and of actions
required to resolve them.
(d) Authority shall not be required from
the Federal Communications Commission
for the development and construction of
any United States land remote-sensing
space system (or component thereof), other
than radio transmitting facilities or compo-
nents, while any licensing determination is
being made.
(e) Frequency allocations made pursuant
to this section by the Federal Communica-
tions Commission shall be consistent with
International obligations and with the
public interest.
CONSULTATION
SEC. 607. (a) The Secretary shall consult
with the Secretary of Defense on all mat-
ters under this Act affecting national securi-
ty. The Secretary of Defense shall be re-
sponsible for determining those conditions.
consistent with this Act, necessary to meet
national security concerns of the United
States and for notifying the Secretary
promptly of such conditions.
(b)(1) 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 conditions, consistent
with this Act, necessary to meet interna-
tional obligations and policies of the United
States and for notifying the Secretary
promptly of such conditions.
(2) Appropriate Federal agencies are au-
thorized and encouraged to provide remote-
sensing data, technology, and training to de-
veloping nations as a component of pro-
grams of International aid.
(3) The Secretary of State shall promptly
report to the Secretary any Instances out-
side the United States of discriminatory dis-
tribution of data.
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June 29, 1984 CONGRESSIONAL RECORD -SENATE. S 5907
(c) If, as a result of technical modifica- This legislation authorizes the spect to commercialization of civil
Lions Unposed on a system operator on the
basis of national security concerns, the Sec- phased transfer of land remote-sens- remote-sensing space systems.
retar ion of
basis y, inational Recu with the Secretary sec. ing capabilities from the Federal Gov- Section 104(4). "Unenhanced data"
Defense or with other Federal agencies de- ernment to the private sector. Fur- has been redefined to make it clear
tennines that additional costs will be, in. they, the legislation provides a frame- that such data need not include even
Burred by the system operator, or that past work for a new remote-sensing Indus- the mininal processing described in
development costs (including the cost of try. balancing national security con- the House-passed definition.
capital) will not be recovered by the system cerns and international commitments Section 201(a)(2). "Agreements"
operator, the Secretary may require the with private, commercial interests.
agency or agencies requesting such techni- Many issues and concerns have been standing" dr is than sMemornnda of Under
cal modifications to reimburse the system discussed since last year when the describe used, as in section 205, ex-
operator for such additional or development President proposed to commercialize change between arrangments
costs, but not for anticipated profits. Reim-
U.S. Govern Went
bursements may cover casts associated with the Federal Government's Landsat and foreign ground stations. "Agree-
required changes In system performance, system- Mr. President, I have been fa- ments" is a broader term than "Memo-
but not costs ordinarily associated with vorably impressed with the input this randa of Understanding," but clearly
doing business abroad. legislation has drawn from Federal AMENDMENT TO NATIONAL AERONAUTICS AND agencies, data users, State and local includes the latter. The broader term
SPACL ADMINISTRATION AUTHORIZATION, 1983 governments, and private industry, all avant used in order arrangements include
whether whe all such rent
Sec. 608. Subsection (a) of section 201 of of which have a genuine Interest in evant or not
the National Aeronautics and Space Admin- the commercialization process. Every sshay erg. cadre u Memoranda ofLhUndre-
istration Authorization Act, 1983 (Public effort has been made In developing because - of the contained sven
Law 97-324; 96 Stat. 1601) Is amended to this legislation to balance these inter- u because of the unuuat, even
read as follows: unique. nature of this phased transfer
"(a)The scretary of Commerce Is au- ests, and I feel that all concerned par- of an operation from Government to
thorized to plan and provide for the man- ties are satisfied with
whet .the be private sector responsibility. Thus, the
aeement and operation of civil remote-sens? I would like to describe for may col- Congress intends th
l
ese provisions to
Ing space systems, which may include the
eagues the evolution of the legislation take precedence over and to supple-
Iwndsat 4 and b satellites and associated since I introduced it as S. 2292 on Feb-
ground system equipment transferred from
the National Aeronautics and Space Admin-
istration; 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 inter-
est.'
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 carry-
ing out the provisions of this Act. Such
sums shall remain available until expended,
but shall not become available until the
time periods 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 Na.
tional Aeronautics and Space Admihistra-
Lion Authorization Act. 1983.
TITLE VII-PROHIBITION OF COM-
MERCIALIZATION OF WEATHER SAT-
Irm, TES
PROHIBITION
SEC. 701. Neither the President nor any
other official of the 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 satel-
lite systems operated by the Department of
Commerce or any successor agency.
PUTURL CONSIDERATIONS
SEc. 702. Regardless of any change in cir-
cumstances subsequent to the enactment of
this Act, even if such change makes it
appear to be in the national interest to com-
mercialize weather satellites, neither the
President nor any official shall take any
action prohibited by section 701 unless this
title has first been repealed.
Mr. GORTON subsequently said:
Mr. President, I ask my colleagues to
support the House amendments,
which represent a compromise be-
tween the Senate and the House ver-
sions of H.R. 5155, the Land Remote-
Sensing Commercialization Act of
On March 22, 1984, I chaired a hear-
ing on Landsat commercialization
before the Science, Technology, and
Space Subcommittee of the Commerce
Committee. The subcommittee re-
ceived legislative recommendations
from representatives of the Federal
agencies, private industry, and data
users. I am very grateful for their in-
valuable assistance in shaping the leg-
islation to Its Present form.
After the hearing, I worked with my
colleagues on the Commerce Commit-
tee to develop legislation acceptable to
members of the committee and the
entire Senate. I am particularly appre-
ciative of the assistance of Senators
HOLLINGS and PRESSLER, who each had
introduced their own Landsat bills and
contributed significantly to the devel-
opment of this bill.
On May 8, 1984 the. bill was unani-
mously approved by the Commerce
Committee as an amendment .in the
nature of a substitute to its compan-
ion, H.R. 5155. The marked-up bill was
passed unanimously by the Senate on
June 8. 1984.
As I stated, the compromise bill we
are considering today is not signifi-
passed by the Senate and has been arils. The contractor is not required to
agreed to by pertinent Members from develop any particular type or level of
both Houses of Congress, technology.
Most of the provisions contained in Section 303(a)(2)
This new subs
.
ec-
the compromise amendments are tion makes it clear that the title III
drawn from H.R. 5155 either as origi. contractor must acquire a license
nally passed by the House or as under title IV.
amended by the Senate; the Intent of Section 303(d). If the Secretary re-
such provisions is clearly explained in ceives no acceptable proposal under
House Report 98-647 or Senate Report title III, it is the clear intent of the
98-458. However, in a number of in- Congress that the Secretary should
stances. the language in the compro- assure data continuity by developing a
mise amendments does differ from land remote-sensing space system to
that contained In
ith
?L_ :._____ __. _ _ _
er
e
1
984.
similar, and the amended bill is r. _WD. e following eras Government.
Quite
not substantially different than H.R. where paragraphs landescribed guage appears In cases the title contractor by Support
the Federal
5155 as passed unanimously by the compromise amendment in order to Government has been limited to loans.
Senate earlier this month, explain congressional intent with re- loan guarantees, or direct subsidies by
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merit other general procurement law.
Section 202(a)(2). Language regard-
ing the title II contract has been
changed to indicate that under such
contract, funds could flow either from
the Government to the contractor-if
the contractor operated the Landsat
system in addition to marketing Land-
sat data-or from the contractor to
the Government-if the contractor
only marketed Landsat data.
Sections 202(c) and 303(c). Senate
language on notification of the Con-
gress regarding the title II and title III
contracts has been altered slightly.
The "report-and-wait" period has been
shortened from 30 days of continuous
session of Congress to 30 calendar
days, in recognition of the delays
which could be imposed on the com-
mercialization process by a require-
ment to wait for 30 days of continuous
session of Congress.
Section 301(b). The original House
definition of "MSS data" has been re-
placed by a definition of "data conti-
nuity." Under the new definition, it is
clear that the title III contractor is re-
quired to meet minimum performance
standards, including provision of unen-
hanced data that meet "compatibility"
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S 8908 CONGRESSIONAL RECORD - SENATE
removal of language in the Senate
amendment which referred to "other
financial considerations."
Section 401(a)(2). This new subsec-
tion indicates that the licensing au-
thority of the Secretary, in the case of
multiple-use space systems, extends
only to the remote-sensing portions of
such systems.
Section 401(d) and 403(a). The Sec-
retary may deny or condition a license
n the basis of national security, inter-
ational l commitments and obligations,
pr noncompliance with nondiscrimina-
ry access, but not in order to limit
competition.
Section 402(b)(6). The original
Senate amendment stipulated that the
licensee pbtain advance approval from
the SecrenLLany-agrecment,,t'ith a
fbrei entity. In an attempt to bal-
a` erationsW-commercial via-
bility with the sensitivities involved in
international remote sensing, this lan-
gj ge hoc hpez changed Faire
only notification of the Secretary of
ct ons 402(b)(7) and 403(a)(2). The
L-gecretary is authorized to inspect the
licensee's equipment, facilities, or fi-
nancial records. It is intended that the
Secretary's authority to inspect finan-
cial records be adequate to ensure that
the licensee is in compliance with pro-
visions of the act relating to nondis-
criminatory access to unenhanced
data.
Section 403(a)(6). In light of the
international sensitivities involved in
remote sensing and the transportabil-
ity of remote-sensing hardware, the
Secretary is given authority for sei-
zure of objects, records, or reports.
However, the standard for seizure has
been tightened from the House-passed
"reasonable appearance" to the more
stringent "probable cause."
Section 501(c). Section 501(b) of the
Senate amendment has been divided
into section 501(b) and section 501(c)
to highlight the differing, but comple-
mentary, roles in research and devel-
opment of the Secretary, which
appear in section 501(b), and the Sec-
retaries of Agriculture and Interior,
which appear in section 501(c).
Sections 601(a) and 104(3). Section
601(a) has changed little during legis-
lative action on H.R. 5155. It is noted
here only to emphasize the clear con-
gressional intent that any system op-
erator make unenhanced data avail-
able on a nondiscriminatory basis.
Thus, for example, a company could
not be licensed to operate, and to
retain exclusive use of data from, a
private remote-sensing space system,
even if the company financed,
launched, and operated such system in
its entirety.
Section 602(d). This section has been
redrafted to clarify that the Secretary
may not demand data from a system
operator for archival purposes unless
the Secretary has available appropri-
ated funds to pay such system opera-
tor for the costs of reproducing and
transmitting the data.
Section 603. A system operator may
provide that data not be reproduced or
disseminated by any purchaser. How-
ever, during the life of existing memo-
randa of understanding,. this provision
Is not intended to abrogate the au-
thority of foreign ground-station oper-
ators with respect to the dissemination
of land remote-sensing data.
Section 606. The Senate amendment
has been altered to clarify the author-
ity of the Federal Communications
Commission to license use of radio fa-
cilities by private remote-sensing space
systems after the President has made
available spectrum for use by such sys-
tems.
Section 607(c). This subsection has
been redrafted to clarify that reim-
bursements may cover only costs asso-
ciated---with --technical -- -changes in
system performance imposed in light
of national security concerns. Reim-
bursement would not cover costs ordi-
narily associated with the economic
and political risks of doing business
abroad. Thus, a system operator would
not be reimbursed if he were tempo-
rarily forbidden to conduct business in
a given country. Reimbursements
apply only to private sector parties
who have obtained a license pursuant
to title IV.
Section 609. An authorization of $75
million is provided for fiscal year 1985.
which will be expended largely for de-
velopment of the land remote/sensing
system pursuant to title III. It is ex-
pected that the Secretary will submit
a supplemental budget request to the
Congress during fiscal year 1985 for
the financial support authorized under
title III, and the level of funding
under this section would enable the
Secretary to proceed without delay.
Any authorization under this section
remaining after fiscal year 1985 may
be expended by the Secretary in
future fiscal years.
Again. these provisions are ones that
have not already been clarified by
either the Senate or House report.
None represent major changes from
the Senate version of the bill.
In conclusion, I wish to update my
colleagues on the other aspect of the
Landsat commercialization process.
The Department of Commerce has al-
ready solicited and received bids from
private parties on development of a
follow-on system to Landsat. A deci-
sion on the bids by the Secretary of
Commerce was expected earlier this
month. The Secretary announced
today that a decision still has not been
reached, and will not be until late this
summer.
Mr. President. I hope that the De-
partment will quickly, as the Congress
has. so that a follow-on system to
Landsat can be developed in time to
preserve data continuity. With the en-
abling legislation in place, a timely de-
cision by the Department, consistent
with the legislation, will lead to suc-
cessful commercialization of Landsat.
? Mr. HOLLINGS. Mr. President, I
compliment the distinguished chair-
June 29, 1984
man of the Science. Technology, and
Space Subcommittee [Mr. GORTON]
for the excellent job that he has done
with the Landsat legislation, H.R.
5155. 1 strongly support this measure.
The informal agreement reached by
the House and Senate has produced a
carefully crafted bill that balances the
concerns of users and operators, safe-
guards national security and foreign
policy interests, promotes commercial-
ization, and sustains important Feder-
al reseach and development activities
in land remote sensing. Enactment of
this bill should facilitate the commer-
cialization of land remote sensing.
I do have a concern with the com-
mercialization process. Frankly. I am
worried when I look at the trade press
and see where a Federal subsidy of $1
billion may be required over the next 6
years to commercialize the Landsat
system. This is quite a large amount of
money and far exceeds any level of
funding that I had anticipated. I hope
that the trade press accounts are exag-
gerated. However, in order to ensure
that the commercialization process is
carried out in compliance with the leg-
islation, I have asked the Comptroller
General of the United States to do an
immediate evaluation of the contrac-
tual proposal and to assess its compli-
ance with the policies established in
this legislation, its impact on the Fed-
eral budget, and its impact on the
future development of land remote
sensing in the United States.
Mr. President, I support H.R. 5155
and recommend that this bill be
passed and sent to the President for
signature.'
Mr. DOLE. Mr. President, I move
that the Senate concur in the House
amendment.
The PRESIDING OFFICER. Is
there objection? Without objection,
the motion is agreed to.
ADOLESCENT FAMILY LIFE DEM-
ONSTRATION PROGRAM EX-
TENSION
Mr. DOLE. Mr. President, I ask the
Chair lay before the Senate Calendar
No. 940. S. 2616.
The PRESIDING OFFICER. The
bill will be stated by title.
The legislative clerk read as follows:
A bill (S. 2616) to extend the Adolescent
Family Life Demonstration Program.
The PRESIDING OFFICER. Is
there objection to the immediate con-
sideration of the bill?
There being no objection, the Senate
proceeded to consider the bill which
had been reported from the Committee
on Labor and Human Resources with
amendments, as follows:
On page 1, line S. after "year" Insert
"ending September 30,".
On page 2. lines 1 and 2, after "year"
Insert "ending September 30.".
On page 2, after line 2, insert:
(b) Section 2001(a)(5) of such Act is
amended to read as follows:
"(5) pregnancy and childbirth among un-
married adolescents, particularly young ado-
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