LAND REMOTE-SENSING SATELLITE DATA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000200290004-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 18
• Document Creation Date: December 21, 2016
• Document Release Date: September 11, 2008
• Sequence Number: 4
• Publication Date: June 29, 1984
• Content Type: REGULATION

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S 8902
CONGRESSIONAL RECORD -- SENATE Jung 0, 1984
Mr. LONG. I am not going to be
there for one good reason. I can have a
better time someplace else. It is not all
that much fun.
Mr. RANDOLPH. Mr. President,
who has the floor? I would like to
make a statement.
Mr. BAKER. I think the Senator
from West Virginia.
Mr. RANDOLPH. Mr. President, and
my colleagues in. the Chamber, we had
no problem like this in the Democratic
National Convention when we nomi-
nated Woodrow Wilson in Baltimore
in 1912. I was there at the convention,
and I want to report that we would
have had no need for legislation of
this kind to be discussed, let alone pos-
sibly passed by the Congress of the
United States. My reference to 1912 is
not fantasy. I attended that conven-
tion when Woodrow Wilson was nomi-
nated over Champ Clark, who was
then the Speaker of the House of Rep-
resentatives.
Mr. DOLE. I will be happy to co-
sponsor any amendment with the Sen-
ator from Louisiana to accomplish his
purposes. When would that be effec-
tive?
Mr. LONG. Obviously. we cannot do
it before the Democratic Convention. I
do not care to be partisan about it. I
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
terrorism and all that which is
in the world today.
ed your concern to him less than 15
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-
er, it would be difficult to do anything
in the furture.
Mr. LONG. This is taxpayer money
being spent, and it ought to be ac-
counted for just an the President's
campaign expenditures have to be ac-
counted for. If there to any irregular-
ity, somebody ought to be accountable.
This Is not money to be spent just to
have a good time.
Mr. President, I withdraw my
amendment.
The PRESIDING OFFICER. The
amendment is withdrawn.
The bill Is before the Senate and
open to amendment. If there be no
amendment to be offered, the qnestion
is on the third reading and passage of
the bill.
The bill (H.R. 5950) was ordered-to a
third reading, was read the third time,
and passed.
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
bill was passed.
Mr. DOLE. Mr. President, I move to
lay that motion on the table.
The motion to lay on the table was
agreed to.
Mr. BAKER. Mr. President, that
completes my list. We now most await
the receipt of an adjourranent resolu-
tion from the House of Representa-
tives. I suggest the absence of a
qwr=L
The Pl ESIDINO OFFICER The
clerk will can 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 quonun.
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
e quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
LAND REMOTE-SING
SATELLITE DATA
Mr. DOLE. Mr. President, I ask that
he 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) entitled "An Act to establish a system
to promote the use of land remote-sensing
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
TITLE I-DECLARATION OF FINDINGS,
PURPOSES. AND POEM
nxacwos
Szc. 101. The Congress finds and declares
that-
(1) the continuous civilian collection and
utilization of lend remote.aendns data from
space are of major benefit in managing the
Earth's natural resources and in: planning
and conducting many other activities of eco-
nomic importance;
(2) the Federal Government's experimen-
tal Landsat system has established the
United States as the world leader In land
remote-sensing teehnolosy;
(3) the national interest of the United
States lies in maintaining International
leadership in civil remote sensing and in
broadly promoting the benefichl use of
remote-sensing data;
(4) land remote sensing by the Govern-
ment or private parties of the United States
affects international commitments and poli-
cies and national security concerns of the
United States;
(6) the broadest and meet beneficial use of
land remote-sensing data will result from
maintaining a policy of story
access to data.
(6) cos npetikive, 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 msitet development
and by the lack of assasanee of data conti-
nuity;
(3) the private sector, and In particular
the "value-added" isdnstrs is but suited to
develop land remote-sensing data auk"
(9) there is doubt that the private sector
alone can currently 'develop a. total land
remote-seining system because of the high
risk and large capital expenditure Involved;
(101 cooperation between the Federal Gov-
ernment and private Isduliry can help
assure both data ooathrelty and United
states leadership;
(l1)the time is now approprlatie to initiate
such cooperation with phased transition to
a fully commercial system;
(12) such cooperation should be strum
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.
PURPOSES
Sac. 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 assuring continuous data availability
to the Federal Government;
(2) maintain the United States worldwide
leadership to civil remote sensing, preserve
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June 29, 1984 CONGRESSIONAL RECORD - SENATE
INCREASE IN FEDERAL CONTRI-
BUTION FOR QUADRENNIAL
POLITICAL PARTY PRESIDEN-
TIAL NATIONAL NOMINATING
CONVENTIONS
Mr. BAKER. I ask the Chair lay
before the Senate H.R. 5950.
The PRESIDING OFFICER. The
bill will be stated by title.
The legislative clerk read as follows:
A bill (H.R. 5950) to increase the Federal
contribution for the Quadrennial 'Political
Party Presidential National Nominating
Conventions.
The PRESIDING OFFICER. Is
there objection to the present consid-
eration of the bill?
There being no objection, the Senate
proceeded to consideration of the bill.
The PRESIDING OFFICER. The
majority leader.
Mr. BAKER. I yield to the two man-
agers.
The PRESIDING OFFICER. The
Senator from Kansas.
Mr. DOLE. Mr. President, let me in-
dicate to my colleagues that this provi-
sion passed the Senate earlier. We
went to conference with this provision
in the Senate bill. It was rejected ulti-
mately by the House conference. The
Senate receded on that provision.
Following that it was suggested,
rather than to try to put it on some
tax measure, it ought to come over on
its own. That bill is before us now. I
have talked with a number of people
in my party and some in the other
party who all have indicated this is
very, very important. I have tried to
gain assurance because I know of the
concern that we will soon hear again
from the distinguished author of this
provision as we did several years ago
about how the money will be used. I
have just spoken to Mr. William Tim-
mons, who will play a role in the Re-
publican Convention in Dallas. While
he cannot assure me precisely how the
money will be spent, it will be spent
wisely. [Laughter.]
They are willing to make an ac-
counting. I said, "Would you be willing
to account for how the money was
spent following the convention?" They
are perfectly willing to do that. I think
it is important they do that because
that would certainly indicate whether
this was ever repeated again.
AMENDMENT NO. 3379
(Purpose: To limit increased payments to
major political parties to purposes related
to convention security)
Mr. LONG. Mr. President, I send my
amendment to the desk, and ask for its
immediate consideration.
The PRESIDING OFFICER. The
clerk will report.
The legislative clerk read as follows:
The Senator from Louisiana [Mr. LONG],
proposes an amendment number 3397. At
the end of the bill add the following new
section:
Sac. . Any increase in any payment to a
major party under section 9008(b) of the In-
ternal Revenue Code of 1954 made solely by
reason of the amendments made by this Act
shall only be used to provide police protec-
tion, capital or other improvements made
substantially for security reasons, and simi-
lar security measures.
Mr. LONG. Mr. President, after we
agreed to this amendment in the
Senate, I saw a presentation about this
matter on one of the major networks.
Frankly, it was enough to make me be-
lieve that we had made a mistake to
permit the convention to have any of
the money out of the Presidential
campaign fund. We have asked people
to mark their tax return if they would
like to see $1 of their tax money go to
the Presidential election campaign
fund-to help ease the burden of an
honorable man and woman who runs
for the office of President and Vice
President. The people of this country,
I do not believe would favor having
their money, which they designate for
that purpose, spent for a national con-
vention.
I would be willing to go long with
this matter if this money is to be used
for security. I can understand that
there is a growing need for security. I
think the American people would not
particularly object if we are paying for
police protection, or if we are paying
to assure the personal safety of the
key people involved in holding a con-
vention. There will be demonstrations
I am led to believe in connection with
the Democratic Convention, I do not
know whether this is also the case
with the Republican Convention. I was
at one convention-in Chicago-where
we could have had real trouble if that
city had not had a good mayor, Mayor
Daly, and a strong police force. At the
hotel where I stayed people who were
not happy about what was happening
put some stink bombs in the elevator
shaft. Every time one of us went up or
down the elevator we smelled very bad
for hours after we departed from the
elevator.
There is a need in some situations
for security protection. But I do not
think the people of this country ap-
prove or would approve of any of this
money being spent for cocktail parties
or for receptions, for food, or bever-
age, or for lodging of delegates.
It seems to me that the basic law
should be amended so that, for the
future, the money that will go for the
nominating conventions will only be
used to pay for security.
Mr. MANATT assured me that all
the additional money that is in this
bill for the Democratic Convention is
going to be used on security. He tells
me that he is willing to account for it
on that basis. I would insist on this
amendment, Mr. President, except
that I am advised by our friends on
the House side that they might have
difficulty getting a quorum to pass
this bill at this late hour. But I hope
that I could have the assurance of the
leadership that, if I permit this bill to
go through in this fashion without my
amendment, they will help me obtain
an opportunity to amend the basic law
to limit these funds to security pur-
poses for the future.
S 8901
Mr. BAKER addressed the Chair.
The PRESIDING OFFICER. The
majority leader.
Mr. BAKER. Mr. President, I could
not agree more with the Senator from
Louisiana. Mr. President, I have to
confess, this was brought to me by the
two chairmen, the Republican and
Democratic national chairmen, as I am
sure it was to the minority leader, the
chairman, and ranking member of the
Finance Committee which has juris-
diction over the Presidential Cam-
paign Fund. So it did not originate
here. It is not a partisan issue. It came
from both parties. It was presented as
a matter of funding extra and addi-
tional security precautions, structures,
and equipment, and related things. I
cannot tell you with reference to the
two conventions.
I do not know a thing about it, Mr.
President, except what I have just now
related. But I do know the Senator
from Louisiana is absolutely right. If
we amend this thing and send it back
to the House. I am afraid that we will
never get the bill. I do not know what
that amounts to, but I am sure there is
not going to be an opportunity to act
on a Senate amendment to this bill.
While I was not overenthusiastic
with the thing to begin with, and I do
not believe the chairman or the rank-
ing member were either, we are faced
with it. It has passed once in the
Senate already. As the chairman of
the committee pointed out, it was
dropped in conference.
I do not think the Speaker would
mind me repeating a conversation I
had with him. That is when he called
after it was dropped, he said that he
hoped we would send it to them again.
I indicated to him that I was not in-
clined to do that, to ask the Senate to
do it again, but if the House sent it
back to the Senate, I would be willing
to take it up. The House did do that,
as we now know, and we have that
measure here.
If ever there was a bipartisan meas-
ure, this is it. Nobody is claiming the
parenthood of this thing. I really urge
the Senator from Louisiana to go
ahead and do this without that
amendment, and I pledge to him that
after the conventions, I will join with
him in the time I have remaining in
taking a look at the generic law and
see how we ought to structure it in re-
lation to conventions.
Mr. LONG. Could I have the assur-
ance of the chairman of the commit-
tee that at some point, either this year
or next year, I could have his coopera-
tion in seeing that we have an oppor-
tunity to amend this section of the
law? It seems to me that the Senate,
on a rollcall vote, would agree to spend
this money on fun out at those con-
ventions. That is what a lot of people
go to conventions for. Some go there
hoping to be nominated for President.
I know that.
Mr. BAKER. I never have had any
fun at a convention.
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June 29, 1984 CONGRESSIONAL RECORD - SENATE S 8903
its national security, and fulfill its intern- sensing space systems. Such minimal proc- resentatives for their review. No such deci-
tional obligations; easing may include rectification of distor- - sion -or
(3) minimize the duration and amount of tiona, registration with respect to features dented unless (A) a period of 30 calendar spectr assure data continuity while achieving com-
sPonse. Such Earth, and nml p oce s oi nag dotal rot days has pasted of sur the receipt by each
mercializatlon of civil land remote sensing; include con usions, maniipue lations. c alcu- easuch mmittee , or (B)
ch co mmittee before thetransmittal expiration
(4) provide for a comprehensive civilian lations derived from such signals or film of such period has agreed to transmit and
program of research, development, and des- products or Combination of the signals or has transmitted to the Secretary written
onstration to enhance both the United film products with other data or informa. notice to the effect that such Committee has
States capabilities for remote sensing from tion.
space and the application and utilization of
de-
(5) The term non. As pa to the decision or mitt" de-
such capabilities; and "system operator" means a vision part of the transmittal, the Secre-
such COntra[!tnr under tills TT
FOLICIRS TITLE U-OPERATION AND DATA (d) In defining "IInited Staten Drivate
MARKETING OF LANDSAT SYSTEM sector party" for purposes of this Act, the
Sac. 103. (a) It shall be the policy of the Secretary may take into account the citizen-
United States to preserve its right to ac- OPERATION
quire and disseminate unenhanced remote- Sao. 201. (a) The Secretary shall be re- ship of key personnel, location of assets, for-
sensing data. sponsible for- sign ownership, control, influence, and
States that civilian unenhanced v remote- orbit, operation, and disposition of Landsats CONDITIONS Or Comm LTION FOR CONTRACT
sensing data be made available to all poten- 1. 2, 3, 4, and 5; and Sac. 203. (a) The Secretary shall, as part
tial users on a nondiscriminatory basis and " (2) provision of data to foreign ground-sta. of the advertisement for the competition for
in 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 tions, 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 eat system, co long as the United States (1) ability to market aggressively unen-
retain In the Government those remote- Government retsina- hanced data;
sensing functions that are essentially of a (1) ownership of such system; (2) the best overall financial return to the
public service nature. and) ownership of the unenhanced data; Government, including the potential cost
aaFIxlTloxs (3) authority to make decisio2is concerning savings to the Government that are likely to
Sac. 104. For Purposes of this Act: operation of the system, result from the contract;
(1). The term "Landsat system" means STINo OF b1~aNHANCm arns, colity to deratim the r ions, con-
Landsats 1. 2. , 3 3, 4, , and 6, and any related lated CONTRACT FOR MAR standardsd16,'ttM condi-
ground equipment, systems, and facilities. DATA tions identified under subsection (a))
and any successor civil land remote-sensing Sae. 202. (a) In accordance with the re- (4) technical competence, hncluding the
apace systems operated by the United States Quirements of this title, the Secretary,. by ability 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 nix-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
basis",meansewithterm ret&rY) ouut preference, bias or data collected by the Indsat system, (6) such p other dorelevant.e Secretary
any other special deems appropriate arrangement (except on such contract- (c) If, as a result of the Competitive proc-
the basis of national security concerns bur- (1) shall provide that the contractor set a required by section 202(a), the Secretary
scant to section 607) regarding delivery, the prices of unenhanced data; receives no proposal which is acceptable
format, financing, or technical consider- (2) may provide for financial arrange- under the provisions of this title, the Secre-
ations which would favor one buyer or claws ments between the Secretary and the con- tary shall
of so certify and fully report such
buyers over another.
(B) The sale of tractor including fees for operating the finding to the Congress. As soon as practica.
data is made on a nondis-
initial fee Or as a percentage of ystem, payments by the contractor as an ble but not later than 30 days after so certi-
or s
o de ver data opubliif (I) any shed in offer
advance in ceipts, or ther such considerations;sales re- open tand he competitive the secretary shall
process The period
such manner as will ensure that the offer Is (3) shall provide that the contractor will for the subsequent competitive process shall
equally available to all prospective buyers; offer to sell and deliver unenhanced data to not exceed 120 days. If, after such subse-
(1i) the system operator has not established all potential buyers on a nondiscriminatory quent competitive process, the Secretary re-
or changed any price, policy. Procedure, or basis; ceives no proposal which Is acceptable under
other term or condition in a manner which (4) shall provide that the contractor pay the provisions of this-title, the Secretary
gives one buyer or class of buyer de facto fa- to the U.S. Government the full purchase shall so certify and fully report such finding
vored access to data; (Ili) the system opera- price of any unenhanced data that the con- to the Congress. In the event that no ac-
tor does not make unenhanced data avail, tractor elects to utilize for purposes other ceptable proposal is received, the Secretary
able to any purchaser on an exclusive basis; than sale; shall continue to market data from the
and (iv) in a case where a system operator (5) shall be entered Into by-the Secretary Landsat system.
offers Volume discounts, such discounts are only if the Secretary has determined that (d) A contract awarded under section 202
no greater than the demonstrable reduc- such contract is likely to result in net cost may, in the discretion of the Secretary, be
tions in the cost of volume sales. The sale of savings. for the U.S. Government, and combined with the contract required by title
data on a nondiscriminatory basis does not (6) may be reawarded competively after III, pursuant to section 304(b).
_-__. ,___._ -
Preclude the system operator from off
s- " th
t
er
e
t
system, as determmed by the Sac. 204. (a) After the date of the cosn-
the extent that such discounts are consist- Secretary
ent with the provisions of this paragraph. (b) Any contract authorized by subsection to ue
ncement tcontractor contract shall described t abed
(C) The sale of data on a nondiscrimina- (a) may-specify that the contractor use, and, to revenues the
from sales ps of data
tory basis does not require (I) that a system at his own expense, maintain, repair, or ' of copies of date
operator disclose names of buyers or their modify, such elements of the Landsat from the Landsat system, subject to the
purchases; (ii) that a system operator main- system as the contractor finds necessary for conditions specified in sections 801 and 602.
tain all, or any particular subset of, data in commercial operations. (b) The contractor may continue to
a working inventory; of (iii) that a system (c) Any decision or proposed decision by market data previously generated by the
operator expend equal effort In developing the Secretary to enter into any such con- Landsat system after the demise of the
all segments of a market. tract shall be transmitted to the Committee space segment of that system
(4) The term "unenhanced data" means on Commerce, Science, and Transportation FOREIGN GROUND STATIONS
unprocessed or minimally processed signals of the Senate and the Committee on Sd- Sac. 205. (a) The contract under this title
or film products collected from civil remote- ence and Technology of the House of Rep- shall provide that the contractor shall act
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S 8904 CONGRESSIONAL RECORD - SENATE June 29, 1984
as the agent of the Secretary by continuing period of six years and for marketing unen- (2) shall, in accordance with criteria deter-
to supply unenhanced data to foreign, hanced data. mined and published by the Secretary, rea-
ground stations for the life, and according (2) Before commencing space operations sonably assure data continuity for a period
to the terms, of those agreements between the contractor shall obtain a license under of six years, beginning as soon as practicable
the United States Government and such title IV. in order to minimize any interruption of
foreign ground stations that are in force on (b) As part of the evaluation described in data availability:
the date of the commencement of the con- subsection (a), the Secretary shall analyze (3) shall provide that the contractor will
tract. the expected outcome of each proposal in offer to sell and deliver unenhanced data to
(b) Upon the expiration of such agree- terms of- all potential buyers on a nondiscriminatory
ments, or in the case of foreign ground sta- (1) the net cost to the Federal Govern- basis,
tions that have no agreement with the ment of developing the recommended (4) shall not provide a guarantee of data
United States on the date of commencement system: purchases from the contractor by the Fed
of the contract, the contract shall provide- (2) the technical competence and financial eral Government;
(1) that unenhanced data from the Land- condition of the contractor,
sat system shall be made available to for- (3) the availability of such data after the (5) may provide that the contractor uti-on a
basis,
space
a eign ground stations only by the contractor, expected termination of the Landsat li ted States Government satellite or veihi-
nd system;
(2) that such data shall be made available (4) the quantities and qualities of data to cle as a platform for a civil land remote-
on a nondiscriminatory basis. be generated by the recommended system; sensing space system, If-
(5) the contractor's ability to supplement (A) the contractor agrees to reimburse the
TITLE III-PROVISION OF DATA CON- the requirement for data continuity by Government immediately for all related
TINUITY AFTER THE LANDSAT adding, at the contractor's expense, remote- Costs incurred with respect to such utiliza.
SYSTEM sensing capabilities which maintain United tion, including a reasonable and proportion-
PURPOSES AND DEFINITION States leadership in remote sensing; ate share of fixed, platform, data transmis-
SEC. 301. (a) It is the purpose of this (6) the potential to expand the market for sion, and launch costs; and
such utilization would not interfere
title- data;
with or otherwise compromise would intended ci-
(1) to provide, in an orderly manner and (7) expected returns to the Federal Gov- (B) suc
Government minimal risk, for a transition from ernment based on any percentage of data with Government ci-
for the determined
Government operation to private, commer- sales or other such financial consideration by the agency responsible missions, es intended
cial operation of civil land remote-sensing offered to the Federal Government in ac- platform; and
_ cordance with section 305;
s (2) to provide data continuity for six years (8) the commercial viability of the propos- (6) may provide financial support by the
al: United States Government, for a portion of
meet the practical demise of the space seg (9) the proposed procedures for satisfying the capital costs required to provide data
fstem. the national security concerns and interne- continuity for a period of six years, in the
meet For the purposes
(b) prposs means this title, the term tional obligations of the United States; form of loans, loan guarantees, or payments
"data of qne mthe continued (10) the contractor's ability to effect a pursuant to section 305 of the Federal Prop-
(1) aha data- smooth transition with any contractor se- erty and Administrative Services Act of 1949
(1)1) including data which are from the lp?*ffid under title II; and (41 U.S.C. 255).
(A) functionally equivalent to the muni- deems appropriate and relevant.
spectral data generated by the Landsat sat 1 (c) Any decision or proposed decision by
and 2 satellites; and the Secretary to enter into any such con-
(B) compatible with such data and with tract shall be transmitted to the Committee
equipment used to receive and process such on commerce. Science, and Transportation
data; and of the Senate and the Committee on Sci-
(2) at an annual volume at least equal to ence and Technology of the House of Rep-
the Federal usage during fiscal year 1983. resentatives for their review. No such deci-
(c) Data continuity may be provided using sion or proposed decision shall be imple-
whatever technologies are available. mented unless (1) a period of 30 calendar
DATA CONTINUITY AND AVAILABILITY (2) If the Secretary determines that such
days has passed after the receipt by each contract does not reasonably effectuate the
SEC. 302. The Secretary shall solicit pro- such committee of such transmittal, or (2) requirements of title II, the Secretary shall
posals from United States private sector each such committee before the expiration promptly carry out the provisions of such
parties (as defined by the Secretary pursu- of such period has agreed to transmit and title to the extent provided in advance in
ant to section 202) for a contract for the de- has transmitted to the Secretary written appropriations acts.
velopment and operation of a remote-sens- notice to the effect that such committee has MARKETING
ing space system capable of providing data no objection to the decision or proposed de-
continuity for a period of six years and for cision. As part of the transmittal, the Secre- SEC. 305. (a) In order to promote aggres-
marketing unenhanced data in accordance tary shall include the information specified sive marketing of land remote-sensing data,
with the provisions of sections 601 and 602. in subsection (a). any contract entered into pursuant to this
Such proposals, at a minimum, shall specs- (d) If, as a result of the competitive proc- title may provide that the percentage of
fy- ess required by this section, the Secretary sales paid by the contractor to the Federal
(1) the quantities and qualities of unen- receives no proposal which is acceptable Government shall decrease according to
hanced data expected from the system; under the provisions of this title, the Secre- stipulated increases in sales levels.
(2) the projected date upon which oper- tary shall so certify and fully report such (b) After the six-year period described in
ations could begin; finding to the Congress. As soon as practica- ' section 304(a)(2), the contractor may described I contin-
(3) the number of satellites to be con- ble but not later than 30 days after so certi- ue to sell data. If licensed under title IV; the
structed and their expected lifetimes; fying and reporting, the Secretary shall contractor may continue to operate a civil
(4) any need for Federal funding to devel- reopen the competitive process. The period remote-sensing space system.
op the system; for the subsequent competitive process shall
(5) any percentage of sales receipts or not exceed 180 days. If, after such subse- REPORT
other returns offered to the Federal Gov- quent competitive process, the Secretary re- SEC. 306. Two year after the date of the
ernment; ceives no proposal which is acceptable under commencement of the six-year period de-
(6) plans for expanding the market for the provisions of this title, the Secretary scribed in section 304(a)(2), the Secretary
land remote-sensing data; and shall so certify and fully report such finding shall report to the President and to the
(7) the proposed procedures for meeting to the Congress. Not earlier than 90 days Congress on the progress of the transition
the national security concerns and interne- after such certification and report, the Sec- to fully private financing, ownership, and
tional obligations of the United States in ac- retary may assure data continuity by operation of remote-sensing space systems,
cordance with section 607. procurement and operation by the Federal together with any recommendations for ac-
AWARDING or THE CONTRACT Government of the necessary systems, tions, including actions necessary to ensure
SEC. 303. (a)(1) In accordance with the re- the extent provided in advance by appro- United States leadership in civilian land
quirements of this title, the Secretary shall priation Acts. remote sensing from space.
-evaluate the proposals described in section TERMS OF CONTRACT ON OF AUTHORITY
302 and, by means of a competitive process SEC. 304. (a) Any contract entered into TERMINATI
SEC. 307. The authority OF AUTHORITY
granted d to the
and to the extent provided in advance by pursuant to this title-
appropriation Acts, shall contract with a (1) shall be entered into as soon as practi- Secretary by this title shall terminate 10
United States private sector party for the cable, allowing for the competitive procure- years after the date of enactment of this
capability of providing data continuity for a ment process required by this title; Act.
tract entered into under this title is com-
bined with a contract under title II, the Sec-
retary 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 Con-
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June 29, 1984 CONGRESSIONAL RECORD - SENATE S 8905
TITLE IV-LICENSING OF PRIVATE ADMINISTRATIVE AUTHORITY Or THE SZCRETARY enter into agreements for such utilization if
REMOTE-SENSING SPACE SYSTEMS n Ano 1-1 :_ --
..o uiwc. WIC CCU- w-.a., - i Auxl aua sLLLULOry antinority,
SEC. 410. (a)(1) In consultation with other rotary may- and if such remote-sensing space system is
appropriate Federal agencies, the Secretary (1) grant. terminate, modify, condition, licensed by the Secretary before commenc-
is authorized to license private sector par- transfer, or suspend licensee under this title, ing operation.
ties to operate private remote-sensing space and upon notification of the licensee may (d) The provisions of this section do not
systems for such period as the Secretary terminate licensed operations on an Immedi_ apply to activities carried out under title V.
may specify and in accordance with the pro- ate basis, if the Secretary determines that (e) Nothing in this title shall affect the
visions of this title. the licensee has substantially failed to authority of the Federal Communications
(2) In the case of a private space system Comply with any provision of this Act, with Commission pursuant to the Communica-
that Is used for remote sensing and other any regulation issued under this Act, with tions Act of 1934, as amended (47 U.S.C. 151
purposes
the auth
rit
t
f
a
,
o
y o
ny
the Secretary
erms. conditions, or restrictions of such et seq.).
under this title shall be limited only to the license, or with any international obliga
TERNr}IATTnIf
or
secu
system. _ __ __ .. .. a. United
con ""6 o the Sc- a406. If, five years after the expiration
ftates;__ al
(b) No license shall be granted by the Sec- (2) Inspect the equipment, facilities, or fi- of the six-year period described in section
retary unless the Secretary determines In nancial records of any licensee under this (2), no private sector party has been
writing that the applicant will comply with title; licensed and continued In operation under
the requirements of this Act, any regula- (3) provide penalties for noncompliance the provisions of this title, the authority of
tions,issued pursuant to this Act, and any with the requirements of licenses or regula. this title shall terminate.
applicable International obligations and na- tions Issued under this title. Including civil TITLE V-RESEARCH AND
tional security concerns of the United penalties not to exceed $10,000 (each day of DEVELOPMENT
States. operation in violation of such licenses or CONTINUED FEDERAL RISSAROH AND
(c) The Secretary shall review any appli- regulations constituting a separate viola- DSVELOPMINT
cation and make a determination thereon tion); SRC. 501. (a)(1) The Administrator of the
within 120 days of the receipt of such appli- (4) compromise, modify, or remit any such National Aeronautics and Space Administra,
cation. If final action has not occurred civil penalty, tion is directed to continue and to enhance
within such time, the Secretary shall Inform (5) Issue subpoenas for any materials, doe- such Administration's programs of remote-
the applicant of any pending issues and of uments, or records, or for the attendance sensing research and development.
actions required to resolve them. and testimony of witnesses for the purpose (2) The administrator is authorized and
(d) The Secretary shall not deny such Ii. of conducting a hearing under this section; encouraged to-
cense In order to protect any existing livens- (8) seize any object, record, or report (A) conduct experimental space remote-
ee from competition. where there is probable cause to believe sensing ' programs (including applications
CONDITIONS FOR OPERATION that such object, record, or report was used. demonstration programs and basic research
tIon beionfg used, or Is likely to be used In viola- at universities);
Sac. 401. (a) No person who Is subject to
the jurisdiction or control of the United cease or regulation Issued thereunder-, -,andl and techniques,, incllu es~ Id for
States may, directly or through any subsidi- including those needed for
ary or affiliate, operate (7) make nvotigatons and inquiries and monitoring the Earth and its environment;
sensing any private remote- administer r t to or take from any person a en and
space system without a license pur- oath, affirmation, or affidavit concerning (C) conduct such research and develop-
suant to section 401. any matter relating to the enforcement of ment In cooperation with other Federal
(b) Any license Issued pursuant to this this Act. agencies and with public and private re-
title shall specify, at a minimum, that the 11- (b) Any applicant or licensee who makes a search entities (including private industry,
censee shall comply with all of the require- timely request for review of an adverse universities. State and local governments,
ments of this Act and shall- action pursuant to subsections (a)(1), (a)(3), foreign governments, and international or-
(1) operate the system in such manner as or (aX6) she# be entitled to adjudication by ganizations) and to enter into arrangements
to preserve and promote the national securi- the Secretary on the record after an oppor- (including joint ventures) which will foster
ty of the United States and to observe and tunity for an agency hearing with respect to such cooperation.
implement the international obligations of such adverse action. Any final action by the (b)(1) The Secretary is directed to conduct
the United States in accordance with sec- Secretary under this subsection shall be a continuing program of-
tlon 607; subject to judicial review under chapter 7 of (A) research in applications of remote-
(2) make unenhanced data available to all title 5, United States Code,
potential users on a nondiscriminatory sensing;
basis; REGULATORY AUTHORITY Or THE SECRETARY (B) monitoring of the Earth and its envt-
(3) upon termination of operations under Sac. 404. The Secretary may issue regula- ronment; and
the license, make disposition of any satel- tions to carry out the provisions of this title. (C) development of technology for such
lites in space In a manner satisfactory to the Such regulations shall be promulgated only monitoring.
President; after public notice and comment in accord- (2) Such program may include support of
(4) promptly make available all unen- anee with the provisions of section 553 of basic research at universities and demon-
haneed data which the Secretary may re- title 5, United States Code. strations of applications.
quest pursuant to section 802' AGENCY ACTIVITIES Ing, couraged to conduct such research. monitor-and
deve (5) furnish the Secretary with complete Sac. 405. (a) A Private sector party may her Federal lag necies and~th,auoa with
orbit and data collection characteristics of apply for a license to operate a private private research entities (incl Phpc and
the system, obtain advance approval of any remote-sensing space system which utilizes, industry, universities, State and local private
Intended deviation from such characteris- on a space available basis, a civilian United ernments, foreign governments, and inter-
tics, and inform the Secretary immediately States Government satellite or vehicle as a national organizations) and to enter Into ar-
of any unintended deviation; Platform for such system. The Secretary,
rangements
(6) notify the Secretary of any agreement Uncl cope joint ventures) which
pursuant to the authorities of this title, will ill foster ter such cooperation.
the licensee intends to enter with a foreign may license such system if it meets all con- (c)(1) In order to enhance the United
nation, entity, or consortium involving for- ditions of this title and-
eign nations or entities; (1) the system operator States ability to manage and utilize its re-
(7) permit the inspection by the Secretary ream- newable and nonrenewable e ecr, the
Lary burse the Government immediately for all Secretary of Agriculture re and the Secretary
of the licensee's equipment, facilities, and fi- related costs incurred with respect to such of the Interior are-authorized and encour-
nancial records; utilization, including a reasonable and pro-
(8) surrender the license and terminate aged to conduct programs research
and
portionate share of fixed, piotform, data development in the applications of of re emote
operations upon notification by the Secre- transmission, and launch cosh and
taro pursuant to section 403(a)(1); and (2) such utilization would not interfere sensing using funds appropriated for- such
purposes, notify the Secretary of any "value with or otherwise compromise intended ci- (2) Suh Programs may include basic re-
added" activities (as defined by the Seere- vilian Govennnent missions, as determined search at universities, demanatratiam of ap-
Lary by regulation) that will be conducted by the agency responsible for such civilian plications, and cooperative activities tuvoly-
by the licensee or by a subsidiary or affili- platform. ing other government agencies, private
ate; and (b) The Secretary may offer assistance to sector parties, and foreign and international
(B) if such activities are to be conducted, private sector parties in finding appropriate organizations.
Provide the Secretary with a plan for con- opportunities for such utilization, (d) Other Federal tho
pliance with the provisions of this Act con- (c) To the extent provided in advance by and enco
r are ~ ~
uraged to conduct agencies
cerning nondiscriminatory access, appropriation Acts, esearch and d
any Federal agency may velopment on the use of of remote remote sensing in
n
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CONGRESSIONAL RECORD - SENATE June 29, 1984
fulfillment of their authorized missions,
using funds appropriated for such purposes.
(e) The Secretary ands 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.
(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 content of 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.
NONREPRODUCTION
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 presehtly 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.
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;
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.
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 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 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 equip-
ment from the Landsat system, when such
equipment is 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.
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June 29, 1984 CONGRESSIONAL RECORD, - SENATE S8907
(c) If, as a result of technical modifica- This legislation aathorlaes the spent to commercialization of civil
tions imposed on a system operator an the phased transfer of land remote-sens- remote-sensing space systems.
basis of national security concerns, the Sec- ing capabilities from the Federal Gov- Section 104(4). "Unenhanced data"
retary, in consultation with the Secretary of ernment to the private sFur-
Defense or with other Federal agencies, de. they, the legislation ate sector. ec a frame- has been redefined to make it clear
termines that additional costs will be in- that such data need not include even
curred 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(aX2). "Agreements"
operator, the Secretary may require the with private, commercial interests.
agency or agencies requesting such techni- Many Issues and .,,...._,...- ?-_-.e a-_-_ rather than "Memoranda of Under-
Under-
dif
age mo
ications to reimburse the system
operator for such additional or development
costs, but not for anticipated profits. Reim-
bursements may cover costs associated with
required changes in system performance,
but not costs ordinarily associated with
doing business abroad.
AMENDMENT TO NATIONAL AERONAUTICS AND
SPACNADMINISTRATION AUTHORIZATION, 1983
Sac. 608. Subsection (a) of section 201 of
the National Aeronautics and Space Admin-
istration Authorization Act, 1983 (Public
Law 97-324; 96 Stat. 1601) is amended to
read as follows:
"(a) The Secretary of Commerce is au-
thorized to plan and provide for the man-
agement and operation of civil remote-sens-
ing space systems, which may include the
Landsat 4 and 5 satellites and associated
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 Administra-
tion Authorization Act, 1983.
TITLE VII-PROHIBITION OF COM-
MERCIALIZATION OF WEATHER SAT-
ELLITES
PROHIBITION
Sac. 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.
FUTURE CONSIDERATIONS
Sac. 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
1984. The Senate and House bills were
quite similar, and the amended bill is
not substantially different than H.R.
5155 as passed unanimously by the
Senate earlier this month.
discussed since last year when the D4aL111 Ls is uses, as m section 7avo, co
describe
President proposed to commercialize gments for data ex-
the Federal Government's Landsat chand foreign ge between
grounthe U.S. d stations. Government
system. Mr. President, I have been fa- ments" Is a broader term than "](demo
leggislat slation has d drawn from Federal impressed with the input Feethis rands of Understanding," but clearly A?Pfl(!iPA data 1100" fQ+eto .,..A 1-2 includes the latter. The broader term
governments, and private industry, all
of which have a genuine interest in
the commercialization process. Every
effort has been made in developing
this legislation to balance these inter-
ests, and I feel that all concerned par-
ties are satisfied with the legislation.
I would like to describe for may col-
leagues the evolution of the legislation
since I introduced it as & 2292 on Feb-
ruary 9, 1984.
On March 22, 1984, 1 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
Holalxos and PasssLER, 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
is used in order to include all such rel-
evant arrangements whether or not
they are called Memoranda of Under-
standing. Procedures contained there-
in because of the unusual, even
unique, nature of this phased transfer
of an operation from Government to
private sector responsibility. Thus, the
Congress intends these provisions to
take Precedence over and to supple-
ment other general procurement law.
Section 202(aX2). 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 Congre$a 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-
nature of a substitute to its compan- placed by a definition of "data conti-
ion, H.R. 5155. The marked-up bill was nuity." Under the new definition, it is
passed unanimously by the Senate on clear that the title III contractor is re-
June 8, 1984. quired to meet minimum performance
As I stated, the compromise bill we standards, including provision of unen-
are considering today is not signifi- hanced data that meet "compatibility"
cantly different from H.R. 5155 as and "functionally equivalent" stand-
passed by the Senate and has been ards. 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(aX2). This new subsec-
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
mice amendments does differ from land remote-sensing space system to
that contained in either the House- or be procured and operated by the Fed-
Senate-passed bills. The following eral Government.
paragraphs described these cases Section 304(aX6). Support of the
where new language appears in the title III contractor by the Federal
compromise amendment In order to Government has been limited to loans,
explain congressional intent with re- loan guarantees, or direct subsidies by
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S 8908
CONGRESSIONAL RECORD - SENATE June 29, 1984
removal of language iri 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
on the basis of national security, inter-
national commitments and obligations,
or noncompliance with nondiscrimina-
tory access, but not in order to limit
competition.
Section 402(b)(6). The original
Senate amendment stipulated that the
licensee obtain advance approval from
the Secretary of any agreement with a
foreign entity. In an attempt to bal-
ance considerations of commercial via-
bility with the sensitivities involved in
international remote sensing, this lan-
guage has been changed to require
only notification of the Secretary of
such agreements.
Sections 402(b)(7) and 403(a)(2). The
Secretary 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
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-
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. I 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 8
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
here objection? Without objection,
he 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 6, 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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WNGRESSIONAL RECORD -HOUSE H 7255
Hertel
Mlinrh
sharp
Hightower
Mitchell
Shaw
Hiler
Molinari
Shelby
Hopkins
Montgomery
Shumway
Howard
Moody
Shuster
Hubbard
Moore
Sikoriki
Huckaby
Moorhead
Sillander
Hughes
Morrison (CT)
Skeen
Hutto
Mraoek
Slattery
Ireland
Murphy
Smith (FL)
Jacobs
Myers
Smith (IA)
Jones (OK)
Hatcher
Smith (Na)
Jones (TN)
Neal
Smith (NJ)
Kasich
Nelson
Smith, Denny
Kastermeter
Nichols
Smith, Robert
Kogoesek
Nielson
Snowe
Kolter
Nowak
Snyder
Kramer
Dakar
Solomon
LaFalce
Oberatar
Spence
Lagomarsino
()bey
Spratt
Lantos
0lln
Staggers
Leach
Ortiz
Stangeland
Leath
Owens
8tenhohn
Lehman(CA)
Oxley
stokes
Leland
Psekard
Studds
Lent
Panetta
stump
Levin
Pashayan
Talon
Levine
Patman
Tauzin
Levitas
Patterson
Thomas (CA)
Lever (FL)
Pawl
Thomas (GA)
Lloyd
Peony
Torres
Long (MD)
Petri
Torriceiii
Lott
Pickle
Towns
Lowry (WA)
Pursell
Udall
Lujan
Ranger
Valentine
Luken
Ratchford
Vandergrtff
Luadne
Ray
Vucanovich
Lungrea
Richardson
wa)gren
Mack
Ridge
Walker
MacKay
Rinaldo
Watkins
Markey
Ritter
Waxpran
Marlene
Roberts
Weaver
Marriott
Robinson
Weber
Martin (IL)
RodQ C
Weiss
Martin (NY)
Roe
Whittaker
Martinez
Roemer
Whitten
Mazzoll
Rogers
Wilson
McCandless
Roth
Winn
McCloskey
Roukema
Wirth
McCollum
Rowland
wise
McCurdy
Rudd
Wolpe
McEwea
Russo
Wortley
McGrath
Sabo
Wyden
Mica
Savage
Wylie
Mikulskl
Schaefer
Yatron
Miller (CA)
Schroeder
Young (AK)
Miller (OH)
Schulze
Young (FL)
Mineta
Seibeding
Zsohan
NOT VOTING-13
Derrick
Hsosea (ID)
Sensenbrenner
DymWy
Hairless
Shannon
Erlmbora
Hawkins
Stork
Food (TN)
Keptur
Han (OH)
Moakley
The SPEAKER pro tempm'e? Is
there objection to the request of the
gentleman from Illinois?
Mrs. MARTIN of Illinois. Mr. Speak-
er, I object.'
The SPEAKER pro ternpore. Objec-
tion is heard.
REMOVAL OF NAME OF MEMBER
AS COSPONSOR OF H.R. 5835
Mr. BIAGGI. Mr. Speaker, I ask
unanimous consent that my colleague,
the gentleman from New York [Mr.
KEMP] be withdrawn as a cosponsor of
my bill, H.R. 5835.
The SPEAKER pro tenlpore. is
there objection to the request of the
gentleman from New York?
There was no objection.
PERMISSION FOR COMMITTEE
ON ENERGY AND COMMERCE
TO HAVE UNTIL 5 O'CLOCK,
JULY 18, 1984 TO FILE REPORT
ON H.R. 5640, SUPERFUND EX-
PANSION AND PROTECTION
Mr. OTTINGER. Mr. Speaker, I ask
unanimous consent that tke Commit-
tee on Energy and Commerce be per-
mitted to file a report on H.R. 5640,
the Superfund Expansion and Protec-
tion Act, by 5 o'clock on July 16, 1984.
I would like to advise ,}rat the minori-
The SPEAKER. Is objection
to the request of the from
New York?
There was no obi
LAND REMOTE-SENSING COM-
MERCIALIZATION ACT OF 1984
Mr. FUQUA. Mr. Speaker, I ask
unanimous consent to take from the
Speaker's table the bill (H.R. 5155) to
establish a system to promote the use
of land remote-sensing satellite data
and for other purposes, with a Senate
amendment thereto, and concur in the
Senate amendment with an amend-
ment.
131140
Mr. BIAGGI changed his vote from
"yea" to "nay."
So the bill was not passed.
The result of the vote was an-
nounced as above recorded.
A motion to reconsider was laid on
the table.
REQUEST FOR CONSIDERATION
OF H.R.. 5950. INCREASED CON-
TRIBUTION FOR QUADRENNI-
AL POLITICAL PARTY PRESI-
DENTIAL NATIONAL NOMINAT-
ING CONVENTION
Mr. ROSTENKOWSKI. Mr. Speak-
er, I ask unanimous consent for the
immediate consideration in the House
of the bill (H.R. 5950) to increase the
Federal contribution for the Quadren-
nial Political Party Presidental Na-
tional Nominating Conventions.
The Clerk read the title of the bill.
The Clerk read the title of the bill.
The SPEAKER; Is there objection
to the request of the gentleman from
Florida?
Mr. OTTINGER. Reserving the
right to object, Mr. Speaker, I will not
object, but I would like to enter into a
colloquy with the gentleman from
Florida and acknowledge the excellent
work that he, as chairman of the
House Committee on Science and
Technology and his committee has
done in drafting H.R. 5155, which
among other things, establishes a
live jurisdiction over the Federal Com-
munications Commission, and the ex-
ercise of the FCC's authority pursuant
to the Communication Act of 1934 in
formulating an approach to the
phased commercialization of remote
sensing satellite systems . and it will
promote the use of data from those
satellite systems.
Mr. OTTINGER. I thank the gentle-
man for his kind comments. Section
606 of H.R. 5155 instructs the Federal
Communications Commission in the
exercise of the authority it has under
the Communications Act of 1934 to al-
locate radio spectrum forr nongovern-
mental use. I too, am pleased that our
committees were able to work together
to create a balanced framework in
which the FCC might exercise its au-
thority with respect to nongovernmen-
tal commercial remote sensing sys-
tems. I would like to pose two ques-
tions to my good friend from Florida:
First, am I correct under the frame-
work established in the bill, private
parties may be authorized to operate
commercial remote sensing systems,
end second, am I also correct that any
such private party seeking to operate a
commercial remote sensing system
must file an application with the FCC
to obtain approval to utilize an appro-
priate portion of the radio spectrum?
Mr. FUQUA. I would say to my
friend from New York that in both
cases the gentleman is correct.
Mr. OTTINGER. I thank the gentle-
man for his assurance, and assure him
support of my bill.
(Mr. OTTINGER asked and was
given permission to revise and extend
his remarks.) -
Mr. OTTINGER. Mr. Speaker, I
withdraw my reservation of objection.
The SPEAKER. The Clerk will
report the proposed amendment.
The Clerk read the House amend-
ment to the Senate amendment, as fol-
lows:
In lieu of the material proposed to be in-
serted by the Senate Amendment, Insert the
following: That this Act main be cited as the
"Land Remote Sensing Commercialization
Act of 1984".
TITLE I- DECLARATION OV FINDINGS.
PURPOSES, AND POLICIES
rlNplwos
Sac. 101. The Congress finds and declares
that-
(1) the continuous civilian collection and
utilization of land remote-mains dma from
apace are of major benefit in aoanaghig the
Earth's natural resources and in planning
and conducting many other activities of eco-
nomic importance:
(2) the Federal Government's experimen-
tal Landsat system has established the
United States as the world leader in land
framework for the phased commercial- remote-sensing technology;
ization of remote sensing satellite sys- (3) the national interest of the United
tems. -States lies in maintaining internatlnal lead-
It is on that bill that I would like to ership in civil remote sensing and in broadly
engage the gentleman in a colloquy. promoting the beneficial use of remote-sens-
Mr. FUQUA. I will be happy to do
ing l nd remote sensing by the Govern-
so. I would first of all like to say that rent or private parties of the United States
certainly the Energy and Commerce affects international convrdtnenta and poli-
Committee has cooperated very fully, des and national security concerns of the
and we recognize that they have exclu- United States;
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11 7256
(5) the broadest and most beneficial use of
land remote-sensing data will result from
maintaining a policy of hondiscriminatory
access to data;
(6) 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 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
along can currently develop a total land
remote-sensing system because of the high
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 the
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
(14) there is no compelling reason to com-
mercialize meteorological satellites at this
time.
PURPOSES
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 assuring continuous data availability
to the Federal Government;
(2) maintain the United States' worldwide
leadership in civil remote sensing, preserve
its national security, and fulfill its interna-
tional obligations;
(3) minimize the duration and amount of
further Federal investment necessary to
assure data continuity while achieving com-
mercialization of civil 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
SEC. 103. (a) It shall be the policy of the
United States to preserve its right to ac-
quire and disseminate unenhanced remote-
sensing data.
(b) It shall be the policy of the United
States that civilian unenhanced remote-
sensing data be made available to all poten-
tial users on a nondiscriminatory basis and
in a manner consistent with applicable anti-
trust laws.
(c) It shall be the policy of the United
States both to commercialize those remote-
sensing space systems that properly lend
themselves to private sector operation and
to avoid competition by the Government
with such commercial operations, while con-
tinuing to preserve our national security, to
honor our international obligations, and to
retain in the Government those remote-
CONGRESSIONAL RECORD - HOUSE
sensing functions that are essentially 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 operated by the United States
Government prior to the commencement of
the six-year period described in title 111.
(2) The term "Secretary" means the Sec-
retary of Commerce. .
(3)(A) The term "nondiscriminatory
basis" means without preference, bias, or
any other special arrangement (except on
the basis of national security concerns pur-
suant to section 607) regarding delivery,
format, financing, or technical consider.
ations which would favor one buyer or class
of buyers over another.
(B) The sale of data is made on a nondis-
criminatory basis only if (i) any 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;
(u) 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; (iii) the system opera-
tor does not make unenhanced data avail-
able to any purchaser on an exclusive basis;
and (iv) in a case where a system operator
offers volume discounts, such discounts are
no greater than the demonstrable reduc-
tions 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 consist-
ent with the provisions of this paragraph.
(C) The sale of data on a nondiscrimina-
tory basis does not require (i) 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; or (iii) that a system
operator expend equal effort in developing
all segments of a market.
(4) The term "unenhanced data" means
unprocessed or minimally processed signals
or film products collected from civil remote-
sensing space systems. Such minimal proc-
essing may include rectification of distor-
tions, registration with respect to features
of the Earth, and calibration of spectral re-
sponse. Such minimal processing does not
include conclusions, manipulations, or calcu-
lations derived from such signals of film
products or combination of the signals or
film products with other data or informa-
tion.
(5) The term "system operator" means a
contractor under title II or title III or a li-
cense holder under title IV.
TITLE II-OPERATION AND DATA
MARKETING OF LANDSAT SYSTEM
OPERATION
SEC. 201. (a) The Secretary shall be re-
sponsible for.-
(1) the Landsat system, including the
orbit, operation, and disposition of Landsats
1, 2, 3, 4, and 5; and
(2) provision of data to foreign ground sta-
tions under the terms of agreements be-
tween the United States Government and
nations that operate such ground stations
which are in force on the date of commence-
ment of the contract awarded pursuant to
this title.
(b) The provisions of this section shall not
affect the Secretary's authority to contract
for the operation of part or all of the Land-
sat system, so long as the United States
Government retains-
June 28, 194
(1) ownership of such system;
(2) ownership of the unenhanced data;
and
(3) authority to make decisions concerning
operation of the system.
CONTRACT FOR MARKETING OF UNENIIANCED
DATA
SEC. 202. (a) In accordance with the re
quirements 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 See-,
retary) for the marketing of unenhanced
data collected by the Landsat system. Any
such contract-
(1) shall provide that the contractor set,
the prices of unenhanced data;
(2) may provide for financial arrange-
ments between the Secretary and the con-
tractor including fees for operating the
system, payments by the contractor as an
initial fee or as a percentage of sales re-
ceipts, or other such considerations;
(3) shall provide that the contractor will
offer to sell and deliver unenhanced data to
all potential buyers on a nondiscriminatory
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 rewarded 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 necessary for
commercial operations.
(c) Any decision or proposed decision by
the Secretary to enter into any such con-
tract shall be transmitted to the Committee
on Commerce, Science, and Transportation
of the Senate and the Committee on Sci-
ence and Technology of the House of Rep-
resentatives for their review. No such deci-
sion or proposed decision shall be imple-
mented unless (A) a period of 30 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 de-
cision. As part of the transmittal, the Secre-
tary shall include information on the terms
of the contract described in subsection (a).
(d) In defining "United States private
sector party" for purposes of this Act, the
Secretary may take into account the citizen-
ship of key personnel, location of assets, for-
eign ownership, control, influence, and
other such factors.
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, iden-
tify and publish the international obliga-
tions, national security concerns (with ap-
propriate protection of sensitive informa-
tion), domestic legal considerations, and any
other standards or conditions which a pri-
vate contractor shall be required to meet.
(b) In selecting a contractor under this
title, the Secretary shall consider-
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to market aggressively unen- For purposes a mof this eans the the term (9) the proposed Procedures for satisfying
hanced the national security concerns and interna-
(1) d ability "data continuity"
(2) ) the best overall financial return to the availability of unenhanced data- tional obligations of the united states;
Government, including the potential cost (1) including data which are from the (10) the contractor's ability to effect a
savings to the Government that are likely to point of view of a data user- smooth transition with any contractor se-
result from the contract; (A) functionally equivalent to the multi- lected under title II; and
(3) ability to meet. the obligations, con- spectral data generated by the Landsat 1 -(11) such other factors as the Secretary
cerns, considerations, standards, and condi- and 2 satellites; and deems appropriate and relevant.
tions identified under subsection (a); (B) compatible with such data and with (c) Any decision or proposed decision by
(4) technical competence, including the equipment used to receive and process such the Secretary to enter into any such con-
ability to assure continuous and timely de- data; and tract shall be transmitted to the Committee
livery of data from the Landsat system; (2) at an annual volume at least equal to on Commerce, Science and Transportation
(5) ability to effect a smooth transition the Federal usage during fiscal year 1983. of the Senate and the Committee on Sci-
with the contractor selected under title III; (c) Data continuity may be provided using ence and Technology of the House of Rep-
and whatever technologies are available. resentatives for their review. No such deci-
(6) such other factors as the Secretary DATA CONTINUITY AND AVAILABILITY sion or proposed decision shall be imple
(c) deems If, as a result appropriate of and the evant re. competitive pros- SEC. 302. The Secretary shall solicit pro- mented unless (1) a period of 30 calendar
ue days has passed after the receipt by each
ess required by section 202(a), the Secretary posals from United States private sector such committee of such the eta or each
receives no proposal which is acceptable parties (as defined by the Secretary pursu- such such committee before the expiration
under the provisions of this title, the Secre- ant to section 202) for a contract for the de- of such eciod has agreed to teanmit and
tary shall so certify and fully report such velopment and operation of a remote-sens- has thas the Secretary written
finding to the Congress. As soon as practica- ing space system capable of providing data notice to transmitted i effect to
that such committee has
ble but not later than 30 days after so certi- continuity for a period of six years and for to the hatsiu o omitted as
fying and reporting, the Secretary shall marketing unenhanced data in accordance no noiobj A objection t part the deci
transmittal, oho proposed de-the reopen the competitive process. The period with the provisions of sections 601 and 602. care shall
include the information specified
for the subsequent competitive process shall Such proposals, at a minimum, shall spell-
not exceed 120 days. If, after such subse- fy- in(d) If, asubsection n (a).
result of the co petitive proc-
ceives competitive process, the Secretary re- (1) the quantities and qualities of unen- If, a required r this section, co the Secretor-
ceives no proposal which is acceptable under hanced data expected from the system; ess rno by t
opsal which i aecptable
the provisions of this title, the Secretary (2) the projected date upon which oper- receives troviona of this title, the Sec e
shall so certify and fully report such finding ations could begin; under the
certify and fully report such
to the Congress. In the event that no ac- (3) the number of satellites to be con- tary finding arshall e r to the Congress. As soon report sus -
ceptable proposal is received, the Secretary structed and their expected lifetimes; not later than 30 days after so certi-
Landsat continue to market data from the (4) any need for Federal funding to devel- ble but
and reporting, the s after s shall
Landsat system. op the system; reopen the competitive process. The period
(d) may, A contract awarded under c section 20e (5) any percentage receipts or for the subsequent competitive process shall
mayy, in the discretion contract the uireetar be other returns offered d to to the Federal Gov- not exceed 180 days. If, after such subse-
III. combined III, the t0Tbequired by y title er(6) plc quent competitive process, the Secretary re-
II, pursuant to section o expanding the market for ceives no proposal which is acceptable under
SALE Or F DA DATA ( land 6) remote-sensing data; and
E DATA the provisions of this title, the Secretary
SEC. 204. (a) After the date of the corn- (7) the proposed procedures for meeting shall so certify and fully report such denary
mencement of the contract described in see- the national security concerns and interne- to, ll the Certify and Not earlier thin 9i ding
tion 202(a), the contractor shall be entitled tional obligations of the United States in ac- after a Congress. ion and earlier than he Sec-such to revenues from sales of copies of data cordance with section 607. aftery may assure data and report, the h pro-r conditions the Landsat system, subject to the AWARDING OF THE CONTRACT curement and operation by the Federal
conditions specified in sections 601 and 602. SEC. 303. (a)(1) In accordance with the re- Government of the necessary systems, to
appro-
(r Tha contractorrly may generated continue the to quirements of this title, the Secretary shall the extent provided in advance by appro-
maket data system after the e demise e of of the evaluate the proposals described in section priation Acts.
Landsat 302 and, by means of a competitive process TERMS Or CONTRACT
space segment o of that t system. and to the extent provided in advance by
FOREIGN GROUND STATIONS appropriation Acts, shall contract with a SEC. 304. (a) Any contract entered into
SEC. 205. (a) The contract under this title United States private sector party for the pursuant to this title-
shall provide that the contractor shall act capability of providing data continuity for a (1) shall be entered into as soon as practi-
as the agent of the Secretary by continuing period of six years and for marketing unen- cable, allowing for the competitive procure-
to supply unenhanced data to foreign hanced data. ment process required by this title;
ground stations for the life, and according (2) Before commencing space operations (2) shall, in accordance with criteria deter-
to the terms, of those agreements between the contractor shall obtain a license under mined and published by the Secretary, rea-
the United States Government and such title IV. sonably assure data continuity for a period
foreign ground stations that are in force on (b) As part of the evaluation described in of six years, beginning as soon as practicable
the date of the commencement of the con- subsection (a), the Secretary shall analyze in order to minimize any interruption of
tract. the expected outcome of each proposal in data availability;
(b) Upon the expiration of such agree- terms of- (3) shall provide that the contractor will
ments, or in the case of foreign ground sta- (1) the net cost to the Federal Govern- offer to sell and deliver unenhanced data to
tions that have no agreement with the ment of developing the recommended all potential buyers on a nondiscriminatory
United States on the date of commencement system; basis;
of the contract, the contract shall provide- (2) the technical competence and financial (4) shall not provide a guarantee of data
(1) that unenhanced data from the Land- condition of the contractor; purchases from the contractor by the Fed-
sat system shall be made available to for. (3) the availability of such data after the eral Government;
eign ground stations only by the contractor; expected termination of the Landsat (5) may provide that the contractor uti-
and system; lize, on a space-available basis, a civilian
(2) that such data shall be made available (4) the quantities and qualities of data to United States Government satellite or vehi-
on a nondiscriminatory basis. be generated by the recommended system; cle as a platform for a civil land remote-
TITLE III-PROVISION OF DATA CON- (5) the contractor's ability to supplement sensing space system, if-
TINUITY AFTER THE LANDSAT the requirement for data continuity by (A) the contractor agrees to reimburse the
SYSTEM adding, at the contractor's expense, remote- Government immediately for all related
PURPOSES AND DEFINITION sensing capabilities which maintain United costs including a relasospect and such hputili proportion-
title- 301. (a) It is the purpose of this States leadership in remote sensing; tion, title- (6) the potential to expand the market for ate share of fixed, platform. data transmis-
(1) to provide, in an orderly manner and data; sion, and launch costs; and
with Government minimal
operation rto private, commer- ernment based r no any percentagerof data with ) or such otherwise utilization intended ci-a transition fro systemsration of civil land remote-sensing osales or other such financial ffered to the Federal Government in ac- byi the gency kent , for a transhetcir vilian
systems; and platform; and
(2) to provide data continuity for six years cordance with section 305; P
after the practical demise of the space seg- (8) the commercial viability of the propos- United (6) may provide
Government, financial suppoby portion of
ment of the Landsat system. al;
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H 7258 CONGRESSIONAL RECORD - HOUSI June 28, 1984
av. a i.mriuu o2 six years, in the
form of loans, loan guarantees, or payments
pursuant to section 305 of the Federal Prop-
erty and Administrative Services Act of 1949
(41 U.S.C. 255).
(b)(1) Without regard to whether any con=
tract entered into under this title is com-
bined with a contract under title II, the Sec-
retary 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 Con-
gress, together with a full statement of the
basis for such determination.
(2) If the Secretary determines that such
contract does not reasonably effectuate the
requirements of title II, the Secretary shall
promptly carry out the provisions of such
title to the extent provided in advance in
appropriations acts.
MARKETING
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(a)(2), the contractor may contin-
ue to sell data. If licensed vender title IV, the
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 de-
scribed in section 304(a)(2), 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.
TERMINATION OF AUTHORITY
SEC. 307. The authority granted to the
Secretary by this title shall terminate 10
years after the date of enactment of this
Act.
TITLE IV-LICENSING OF PRIVATE
REMOTE-SENSING SPACE SYSTEMS
GENERAL AUTHORITY
SEC. 402. (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 licanse 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 tha
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 subsection (a)(1), (a)(3),
or (a)(6) 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 SECRETARY
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.
orbit and data collection characteristics of apply for a license to operate a private
of any remote-sensing space system which utilizes,
intended deviation from such characteris- on a space available tics, and inform the Secretary immediately basis, a or vehicle ea
s
of any unintended deviation; platform States fsuch Government system. satellli satellite oar a
(6) notify the Secretary of any agreement pursuant for
to the authorities The Secretary,
the licensee intends to enter with a foreign may license such system if tem if it t of meets all t con,
-
nation, entity, or consortium involving for- -
eign nations or entities; ditions of this title and-
(7) permit the inspection by the Secretary (1) the system operator agrees to reim-
of the licensee's equipment, facilities, and fi- bursa the Government immediately oos ch
nancial records; related costs incurred with respect to such
(8c surrender the license and terminate utilization, including a reasonable and pro-
operations upon notification by the Secre- transmission, ns share of shed andrm, data
and t aun costs; uand
tary pursuant to section 403(a)(1); and (2) such
(9)(A) notify the Secretary of any "value with would not interfere
ied
ed -
added" activities (as defined by the Secre- bliia o government oncompromise ons as ideterm
tary by regulation) that will be conducted by thhe agency responsible missions, for such civilian
by the licensee or by a subsidiary or affili- ency responsible for such civilian
ate; and platform.
(B) if such activities are to be conducted, (b) The Secretary may offer assistance to
provide the Secretary with a plan for com- private sector parties in finding appropriate
pliance with the provisions of this Act con- opportunities for such utilization.
cerning nondiscriminatory access. (c) To the extent provided in advance by
ADMINISTRATIRB AUTHORITY OF THE aECRITA.RY appropriation Acts, any Federal agency may
SEC. 403. (a) In order to carry out the re- such enter into
agreements agreements
are s for such consistent t with utilization
sponsibilities specified in this title, the See- agency's mission and statutory authority,
retary ma
y
SEc. 401. (a)(1) In consultation with - and if such remote-sensing space system is
other (1) grant, terminate, modify, condition, licensed by the Secretary before commenc-
appropriate Federal agencies, the Secretary transfer, or suspend licenses under this title, ing operation.
is authorized to license private sector par- and upon notification of the licensee may (d) The provisions of this section do not
ties to operate private remote-sensing space terminate licensed operations on an immedi- apply to activities carried out under title V.
systems for such period as the Secretary ate basis, if the Secretary determines that (e) Nothing in this title shall affect the
may specify and in accordance with the pro- the licensee has substantially failed to authority of the Federal Communications
visions of this title. comply with any provision of this Act, with
(2) In the case of a private space system any regulation issued under this Act, with Cons Act of 9u4sas a ended the ComS C. 151
that is used for remote sensing and other any terms, conditions, or restrictions of such eio Act of 1934, as amended (47 U.. 151
purposes, the authority of the Secretary license, or with any international obliga- et seq.).
under this title shall be limited only to the tions or national security concerns of the TERMINATION
remote-sensing operations of such space United States; SEC. 406. If, five years after the expiration
system. (2) inspect the equipment, facilities, or fi- of the six-year period described in section
(b) No license shall be granted by the Sec- nancial records of any licensee under this 304(a)(2), no private sector party has been
retary unless the Secretary determines in title; licensed and continued in operation under
writing that the applicant will comply with (3) provide penalties for noncompliance the provisions of this title, the authority of
the requirements of this Act, any regula- with the requirements of licenses or regula. this title shall terminate.
tions issued pursuant to this Act, and any tions issued under this title, including civil
applicable International obligations and na- penalties not to exceed $10,000 (each day of TITLE E-RESEAENH AND
tional security concerns of the United operation in violation of such licenses or DEVELOPMENT
States. regulations cowstituting a separate viola- CONTINUED FEDERAL RESEARCH AND
(c) The Secretary shall review any appli- tion); DEVELOPMENT
cation and make a determination thereon (4) compromise, modify, or remit any such SEC. 501. (a.)(1) The Administrator of the
within 120 days of the receipt of such appli- civil penalty; National Aeronautics and Space Administra-
cation. If final action has not occurred (5) issue subpoenas for any materials, doc- tion is directed to continue and to enhance
within such time, the Secretary shall inform uments, or records, or for the attendance such Administration's programs of remote-
the applicant of any pending issues and of and testimony of witnesses for the purpose sensing research and development.
actions required to resolve them. of conducting a hearing under this section; (2) The Administrator is authorized and
(d) The Secretary shall not deny such li- (6) seize any object, record, or report encouraged to-
cense in order to protect any existing licens- where there is probable cause to believe (A) conduct experimental space remote-
ee from competition, that such object, record, or report was used, sensing programs (including applications
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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 iternational or-
ganizations) and to enter into arrangements
(including joint ventures) which will foster
such cooperation.
(b)(1) 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.
(2) Such program may include support of
basic research at universities and demon-
strations of applications.
(3) The Secretary is authorized and en-
couraged 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.
(c)(1) 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
fulfillment of their authorized missions,
using funds appropriated for such purposes.
(e) the Secretary and the Administrator of
the National Aeronautics and Space Admin-
istration 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
t^on
Federal remote-sensing space programs), is developed in accordance with section 607. governmental use. Nothing in this ,...,Si....
and opportunities available for further (d) Subject to the availability of appro- shall preclude the ability of the Commission
progress. priations, the Secretary shall request data to allocate additional spectrum to commer-
USE OF EXPERIMENTAL DATA needed for the basic data set and pay to the cial land remote-sensing space satellite
SEC. 502. Data gathered, in Federal eproviding system operator reasonable costs system use.
remote-sensing . Datadin Federal experi- for reproduction and transmission. A system (b) To the extent required by the Commu-
mental SEC.
used related research e and may development operator shall promptly make requested nications Act of 1934, as amended (47 U.S.C.
data available in a form suitable for process- 151 et. seq.), an application shall be filed
programs funded by the Federal Govern- ing for archiving. with the Federal Communications Commis-
ment (including applications programs) and (e) Any system operator shall have the ex- sion for any radio facilities involved with
cooperative research programs, but not for clusive right to sell all data that the opera- the commercial remote-sensing space
commercial uses or in competition with pri- tor provides to the United States remote- system.
vate sector activities, except pursuant to sensing data archive for a period to be de- (c) It is the intent of Congress that the
section 503. termined by the Secrtary but not to exceed Federal Communications Commission com-
SALE OF EXPERIMENTAL DATA ten years from the date the data are sensed. plete the radio licensing process under the
SEC. 503. Data gathered in Federal experi- In the case of data generated from the Communications Act of 1934, as amended
mental remote-sensing space programs may Landsat system prior to the implementation (47 U.S.C. 151 et. seq.), upon the application
be sold en bloc through a competitive proc- of the contract described in-section 202(a),
ess (consistent with national security inter- any contractor selected pursuant to section
ests and international obligations of the 202 shall have the exclusive right to market
United States and in accordance with sec- such data on behalf of the United States
tion 607) to any United States entity which Government for the duration of such con-
will market the data on a nondiscriminatory tract. A system operator may relinquish the
basis. exclusive right and consent to distribution
TITLE VI-GENERAL PROVISIONS from the archive before the period of exclu-
i d b terminating the
h
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
purchases) upon which the operator will sell
such data
as exp.. y
slue right
offer to sell particular data.
(f) After the expiration of such exclusive
rights to sell, or after relinquishment of
such right, the data provided to the United
Sta,;es 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.
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
d
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 reproduced or dissemi-
nated by the purchaser.
REIMBURSEMENT FOR ASSISTANCE
archive, an
(3) to assure the quality, integrity, and SEC. 604. The Administrator of the Na-
continuity of the archive. tional Aeronotics and Space Administration,
(b) The Secretary shall provide for long- the~cretar l of agencies Defense
may provide heads asist
term storage, maintenance, and upgrading
of a basic, global, land remote-sensing data ance to system operators under the provi-
set (hereinafter referred to as the "basic sions of this Act. Substantial assistance
data set") and shall follow reasonable archi- shall be reimbursed by the operator, except
law
id
d b
i
.
e
y
se prov
val practices to assure proper storage and as otherw
preservation of the basic data set and timely ACQUISITION OF, EQUIPMENT
access for parties requesting data. The basic
data set which the Secretary assembles in
tinct from any inventory of data which a lease, or otherwise acquire the use of equip-
system operator may maintain for sales and ment from the Landsat system, when such
for other purposes. equipment is no longer needed for the oper-
(c) In determining the initial content of, ation of such system or for the sale of data
or in upgrading, the basic data set, the Sec- from such system. Officials of other Federal
retary shall- civilian agencies are authorized and encour-
(1) use as a baseline the data archived on aged to cooperate with the Secretary in car-
the date of enactment of this Act; rying out the provisions of this section.
(2) take into account future technical and RADIO EQU N AL OCATION
scientific developments and needs;
(3) consult with and seek the advice of SEC. 606. (a) Within 30 days after the date
users and producers of remote-sensing data of enactment of this Act, the President (or
and data products; the President's delegee, if any, with author-
(4) consider the need for data which may ity over the assignment of frequencies to
be duplicative in terms of geographical cov- radio stations or classes of radio stations op-
erage but which differ in terns of season, erated by the United States) shall make
spectral bands, resolution, or other relevant available for non-government use spectrum
factors; presently allocated to government use, for
(5) include, as the Secretary considers ap- use by United States Landsat and commer-
propriate, unenhanced. data generated cial remote-sensing space systems. The spec-
either by the Landsat system, pursuant to trum to be so made available shall conform
title III, or by licensees under title IV: to any applicable international radio or wire
(6) include, as the Secretary considers ap- treaty or convention, or regulations an-
propriate, data collected by foreign ground nexed thereto. Within 90 days thereafter,
stations or by foreign remote-sensing space the Federal Communications Commission
systems: and shall utilize appropriate procedures to au-
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H 7260
CONGRESSIONAL RECORD - HOUSE
of any private sector party or consortium private sector when in the national inter-
operator of any commercial land remote- est."
sensing space system subject to this Act,
within 120 days of the receipt of an applica-
tions 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.
(c) If, as a result of technical modifica-
tions imposed on a system operator on the
basis of national security concerns, the Sec-
retary, in consultation with the Secretary of
Defense or with other Federal agencies, de-
termines that additional costs will be in-
curred by the system operator, or that past
development costs (including the cost of
capital) will not be recovered by the system
operator, the Secretary may require the
agency or agencies requesting such techni-
cal modifications to reimburse the system
operator for such additional or development
costs, but not for anticipated profits. Reim-
bursements may cover costs associated with
required changes in system performance,
but not costs ordinarily associated with
doing business abroad.
AMENDMENT TO NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION AUTHORIZATION, 1983
SEC. 608. Subsection (a) of section 201 of
the National Aeronautics and Space Admin-
istration Authorization Act, 1983 (Public
Law 97-324; 96 Stat. 1601) is amended to
read as follows:
"(a) The Secretary of Commerce is au-
thorized to plan and provide for the man-
agement and operation of civil remote-sens-
ing space systems, which may include the
Landsat 4 and 5 satellites and associated
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
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 section 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 Administra-
tion Authorization Act, 1983.
TITLE VII-PROHIBITION OF COM-
MERCIALIZATION OF WEATHER SAT-
ELLITES
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.
FUTURE CONSIDERATIONS
SEC. 702. Regardless of any change in cir-
cumstanees 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. FUQUA (during the reading).
Mr. Speaker, I ask unanimous consent
that the House amendment to the
Senate amendment be considered as
read and printed In the RECORD.
The SPEAKER. Is there objection
to the request of the gentleman from
Florida?
Mr. LUJAN. Mr. Speaker, reserving
the right to object, I have no objec-
tion, but I would like to engage in a
colloquy with the gentleman.
I want to tell the gentleman from
Florida that I agree completely with
the objectives of this legislation, and
that is the privatization of the Land-
sat system, because I think that is the
entire object of the space program.
I would like to ask the gentleman, in
the event, the explanation of the legis-
lation says that if the Secretary re-
ceives no acceptable proposal under
title III, then it is the clear intent of
the Congress that the Secretary
should assure data continuity by de- Mr. Speaker, the United States
veloping a land remote sensing space through the National Aeronautics and
system to be procured and operated by Space Administration, developed the
the Federal Government. land remote-sensing technology and
Now, my question is that if there is a brought it to where it stands today-at
company, say there is not an accepta- the brink of commercial exploitation.
ble proposal made, that the Govern- This legislation will enable our aero-
ment then does not have to provide space companies to compete effective-
that service if there is, as a matter of ly.
fact, the private company that will say They support the legislation, as does
we will provide that on our own. It is the administration and a bipartisan
not mandatory that the Government coalition on the committee.
do it if a private company would do it? This is a good bill, and I urge all
Mr. FUQUA. If the gentleman would Members to lend their strong support.
yield, that is my understanding also. (Mr. SCHEUER asked and was given
Mr. LUJAN. I just wanted to clear permission to revise and extend his re-
that portion because the explanation marks.)
on the legislation was a little fuzzy. Mr. LUJAN. Mr. Speaker, I with-
I thank the gentleman. draw my resolution of objection.
June 28, 1984
Mr. SCHEUER. Mr. Speaker, I rise
in strong support of the compromise
amendment to H.R. 5155.
This amendment preserves the es-
sence of the House position, while ac-
commodating the legitimate concerns
of our colleagues in the other body.
The modifications to the bill as
passed by the House in April were
amply delineated by my distinguished
colleague, the chairman of the Com-
mittee on Science and Technology
[Mr. FUQUAI.
This legislation strikes an appropri-
ate balance between the interests of
the private sector in space commercial-
ization and the legitimate public inter-
est in maintaining our national securi-
ty and international obligations.
The international and national secu-
rity aspects of remote sensing are pre-
cisely the areas which necessitate con-
tinuing Government oversight and the
area of national security, it would
clearly be inappropriate for the
United States to engage in activities
that amount to intelligence gathering
as a commercial enterprise.
In: the area of international rela-
tions, the Landsat program has served
as a valuable foreign policy tool for
over a decade, in a number of direct
and indirect ways.
We have provided data, services, and
training in land remote sensing as a
form of foreign aid to over 40 nations
worldwide.
By the same token, these exchanges
have helped to open lines of communi-
cation between U.S. political and busi-
ness interests and the governmental
and technical infrastructure of these
nations.
Further, by providing land remote-
sensing data without prejudice or fa-
vored access, the U.S. civil remote-
sensing program has been free from
charges of military surveillance or eco-
nomic exploitation.
By maintaining this high ground, we
have been able to argue credibly in
international fora that any nation
should have a right to observe any
other country from space-the so-
called open skies policy which has
served our national interests well since
its first articulation by President Ei-
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June 28, 1984
CONGRESSIONAL RECORD - HOUSE H 7261
The SPEAKER. Is there objection
to the request of the gentleman from
Florida?
There was no objection.
The SPEAKER. Is there objection
to the initial request of the gentleman
from Florida?
There was no objection.
A motion to reconsider was laid on
the table.
GENERAL LEAVE
Mr. FUQUA. Mr. Speaker, I ask
unanimous consent that all Members
may have 5 legislative days in which to
revise and extend their remarks on the
legislation just considered, and also on
the conference report on H.R. 5154,
the National Aeronautics and Space
Administration. Authorization Act.
The SPEAKER. Is there objection
to the request of the gentleman from
Florida?
There was no objection.
CONFERENCE REPORT ON H.R.
5154, NATIONAL AERONAUTICS
AND SPACE ADMINISTRATION
AUTHORIZATION ACT, 1985
Mr. FUQUA. Mr. Speaker, I call up
the conference report on the bill (H.R.
5154) to authorise appropriations to
the National Aeronautics and Space
Administration for research and devel-
opment, construction of facilities, and
research and program management,
and for other purposes, and ask unani-
R AM
a) fI) ha t6fiN W dr..... _......... _.... ...........................
mous consent for its immediate consid-
eration.
The Clerk read the title of the bill.
The SPEAKER. Is there objection
to the request of the gentleman from
Florida?
There was no objection.
The SPEAKER. Does the gentleman
ask that the statement be read?
Mr. FUQUA. Yes, Mr. Speaker. I ask
unanimous consent that the statement
be read in lieu of the, report.
The SPEAKER. Is there objection
to the request of the gentleman from
Florida?
There was no objection.
The Clerk read the statement.
(For conference report and state-
ment, see proceedings of the House of
Wednesday, June 27, 1984, at page H
7140.)
0 1150
Mr. FUQUA (during the reading):
Mr. Speaker, I ask unanimous consent
to dispense with further reading of
the statement
The SPEAKER. Is there objection
to the request of the gentleman from
Florida?
There was no objection.
The SPEAKER. The' gentleman
from Florida [Mr. FUQUA] will be rec-
ognized for 30 minutes, and the gentle-
man from New Mexico (Mr. LUJAwI
will be recognized for 30 minutes.
The Chair recognizes the gentleman
from Florida [Mr. FUQUA]
Mr. FUQUA. Mr. Speaker, I yield
myself such time as I may consume.
Mr. SPEAKER, the committee of
conference for the bill H.R. 5154, au-
thorizing funds for the National Aero-
nautics and Space Administration for
fiscal year 1985 has successfully con-
cluded its work.
The conference report on H.R. 5154,
authorizing appropriationsfor the Na-
tional Aeronautics and Space Adminis-
tration, was filed on Wednesday, June
27, and is included in the RECORD Of
that day. The conference report
before you includes, the disposition of
differences in four research and devel-
opment program line items, three
space flight, control, and data commu-
nication line items, construction of fa-
cilities program funding, the research
and program management line litem, a
number of language amendments, as
well as differences in title II which
would establish a National Cormniss
lion on Spam.
The NASA budget request for fiscal
year 1985 was $7,491,400,000. The
action of the House/Senate confer-
ence would authorize 07;526,400,000;
which is $35 million more than the
budget request.
The conference action before us rep-
resents a fair compromise between the
action of the two Houses. The confer-
ence action is $3&4 million more than
the House action and $56 million less
than the Senate action.
I am including in the Rscoaa a sum-
mary of the action taken. by the com-
mittee of conference.
SUMMARY OF ADJUSTMENTS TO H.R. 5154-NASA FY 1985 AUTHORIZATION
hdxab?t ullkaYr._..._._............ _.................... ..... __............ _....... _.... _...__ ................ _......... _.............. _..........................................................
:saes ~..._...... ._..._.. -- ...... -?--........... ._.._...__..._... -? ......-.. - - ....... -._._.................. ........
Nra a 5c raved aid tah..._.........-....._........_.._......._.._........_...._._..._......_......_..___._... -...___.._._-._____.. ._....._._.__...
apace raa4rd aM Ild ..........
....._...............__......_.._.........__............_........................._........................._.........._..................... ....._..... ................................._......... .............
tradia0.add4b+o9 ??..._......_ _...._ ._......_ ..........................................._......................___...-..
red ad dauaMpawl_ .._.._... - .... - - ....__...._.._......._._....._._.__..........._.._........_.._.......__._...._.._ ................................................
Space cadrol and dab cap
i 1 on *Ak pad./aeroppx. ap.-.-.---..._...._..._........._ ..... .: ..................................... _............ _............... _.... __.............................................................
1 b~ *0 dab u0.. ..:............ W...._......... -- ..................~.................. W... .... .._.rw. . ._._._ W _....
rod, apace aM, adral sad dab a>u~anintima....._.......... _.-__................................... __.._.__.._....:_ . ____.. _. __._.._._..,........:
1lelceeot+udon.4UKIOlie ............................ ..... ........ .. .............
1 d mead sad p7*= aarpaartt..... _...... .....__....._........ ........_...:_._ _. .....................................
sib" ....................... _...................................................................................................... ............. ....__........_...._........._.........__......__......_..................._._.
6aeaN n . .. .... _.......__.... __..__..... _.... _....... _..... ................................ _.................................................... _............ _....... ._....................... _........................ Grand bbl._ ..................................... _............................................... _.... _................... _.............. _......................... ................... ...............
I want to acknowledge the efforts of
the House conferees and the staff on
both sides of the aisle in completing
this conference.
I urge the support of my colleagues
for this conference report.
Mr. Speaker, I reserve the balance of
my time.
Mr. LUJAN. Mr. Speaker, I yield
myself such time as I may consume.
Mr. Speaker, I rise in support of this
conference report simply because it is
an accommodation that we had to
come to. I am not pleased with the fig-
ures. As the House may remember, we
had an amendment that cut the au-
thorization, as it came out of commit-
tee, by some $40 million. The Senate
was $92 million above that figure and
we compromised at a $35 million
figure above the administration and
above, frankly, the appropriations of
both the House and the Senate.
6"hu
$361,400,000
150,000,000
671,200,000
63,300,000
296,900,000
344,100,000
9,500,000
342,400,000
150,9D0, 000
15,304000
150,00001,0000
667,200,000
63,300,000
33994,1100000
9,500,000
347,400,000
150,000 '000
15,300,000
1*010,100
105,.000
me
401,100.000
9,510.'000
357,,000
150, BOOB
15,300,000
150/00,0000
696,200,000
63,300,010
000
39900,100,0
9,500,000
35140,0000
15,300,000
1,465,600,000
1,339,000,000
795,700,000
1,490,600,000
1,329,004000
704700,000.
1,470,601,000
1,319,004000
795.700,000
1.470,600,000
1,319,000,000
795,700,000
1604304000
160,000,000
1,331,000,000
3,600,304000
150,000,000
1,331,004000
3,515,310,000
110, 000
1,331
3,515,300.000
150,000,000
1,316.000.000
1,491,400,000
1,5/1 ~ 000
1,512,400,00,
7,526,400.000
7,491,400,000
7,490,000,000
7.512,400,000
7,526,404000
But sometimes we have to give in on
certain aspects, even though I do- not
believe that any Member of the House
was particularly happy to come back
to the House with a figure of" $35 mil-
lion above what we went in with. How-
ever, there are three or four different
initiatives in this bill that are most im-
portant. Knowing that we cannot
spend more than the administration
request or the amount that, we went
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117262 CONGRESSIONAL RECORD - HOUSE
out of this House with, it really does
not make that much difference.
We have in this new starts for a
space station which is most important,
an upper atmospheric research satel-
lite and a Mars orbiter. We also have a
new Presidential commission to plan
the activities and the space program
for the next 20 years. Most important-
ly, we have an amendment that was
offered by the gentleman from Penn-
sylvania [Mr. WALKER] in committee.
That language underscores NASA's
mandate to transfer space technology
to the private sector. As I stated in the
bill that we just passed a few minutes
ago on Landsat, we must keep in mind
that the entire objective of the space
program is to place it into the private
system so our citizens can get some
benefit out of it.
So, Mr. Speaker, even though we
have come back with a figure that is
higher than we went in with, but real-
izing that $35 million will never be
spent anyway because of the limita-
tion by the Committees on Appropria-
tions of both Houses, I reluctantly
support the amendment. While I
oppose the dollar figure, I think that
the other items that are included in
the bill are certainly meritorious and
far outweigh the compromise, in terms
of dollars, with the Senate.
Mr. Speaker, I yield such time as he
may consume to the gentleman from
Pennsylvania [Mr. WALKER].
Mr. WALKER. I thank the gentle-
man for yielding.
Mr. Speaker, I rise in reluctant oppo-
sition to this committee of conference
report. It is basically a pretty good
report. It has a lot of things in it that
I think are meritorious. I think, in
terms of defining priorities for the
future of NASA, it probably is very,
very well done.
I am particularly pleased about the
fact, for instance, that there is lan-
guage in there amending the Organic
Space Act, which does commit NASA
toward a future of commercializing
outer space, and I think that is a
major step in the right direction and I
am pleased by that language.
What I think is wrong about this
conference report is that it does not
reflect the position of the House with
regard to spending. This House made a
decision when we passed this bill that
we are going to come in at the budget
figure. We adopted an amendment
that I offered that cut about $40 mil-
lion out of the authorization brought
to us on the floor. After cutting that
$40 million, we went to conference.
When we went to the conference,
what we found was that the House po-
sition was immediately abandoned to
the Senate. On a straight party line
vote of 5 to 3 in the conference com-
mittee, we immediately rolled over and
adopted essentially the Senate's posi-
tion on the thing. Ultimately, then,
that was compromised and we ended
up with a total of $5 million of savings,
rather than the $40 million of savings
that this House had endorsed.
I am disappointed that we did not
maintain the position of the House.
The position of the House was at the
budget figure. It certainly is what
NASA requested. It is another one of
these areas where we end up spending
large amounts of money because we
are unwilling to stand up for maintain-
ing the budget figures.
Mr. FRENZEL. Mr. Speaker, will the
gentleman yield?
Mr. WALKER. I would be glad to
yield to the gentleman from Minneso-
ta.
Mr. FRENZEL. I thank the gentle-
man for yielding.
Mr. Speaker, does the gentleman
mean to tell me that we lost $35 mil-
lion in this conference?
Mr. WALKER. From the House posi-
tion, we are essentially $35 million
worse than when the bill left the
House of Representatives. The gentle-
man is absolutely right.
Mr. FRENZEL. I find that is hard to
believe, and disappointing, but I thank
the gentleman.
Mr. LUJAN. Mr. Speaker, will the
gentleman yield?
Mr. WALKER. I would be glad to
yield to the gentleman from New
Mexico.
Mr. LUJAN. I thank the gentleman
for yielding.
Mr. Speaker, we must be fair and
point out that while the House figures
went up $35 million, the Senate fig-
ures come down to $92 million. We
cannot expect to go into conference
and come out whole.
I do not like the whole $35 million
being over the House budget, but that
is what compromise is all about.
Mr. WALKER. I thank the gentle-
man, and it is well to point out that
the Senate was $92 million over the
budget figure. What we have done is
endorse in large measure the Senate's
irresponsibility. That seems to me to
be a position that this House should
have at least fought a little bit more
about than we did in the course of this
conference.
That is what disappoints me. It
seems to me that we need to oppose
this conference report on the basis
that the spending in it is in excess of
what the House had said that it pre-
ferred the spending levels to be.
Mr. FRENZEL. If the gentleman will
yield to me again, we obviously do not
have a budget, or at least we do not
have one in time to have any effect on
most of the appropriations bills that
are being passed. So the only way we
have to restrain our spending is to try
to hold down the appropriations bills.
The news the gentleman gives us
about this one is exceedingly depress-
ing, and leads me to believe that if this
is passed, as we have passed the other
ones, our intent to meet whatever
down payment deficit reduction the
House had in mind in its budget is no
intent at all. Apparently, this House is
simply unwilling going to give up to its
spending desires.
June 28, 1984
Mr. CONABLE. Mr. Speaker, will
the gentleman yield?
Mr. WALKER. I would be glad to
yield to the gentleman from New
York.
Mr. CONABLE. I thank the gentle-
man for yielding.
Mr. Speaker, I am really alarmed
about the fact that we did not raise
the debt ceiling. I am afraid we cannot
afford something like this.
Mr. WALKER. I thank the gentle-
man.
Mr. FUQUA. Mr. Speaker, will the
gentleman yield?
Mr. WALKER. I would be glad to
yield to the gentleman from Florida.
Mr. FUQUA. I thank the gentleman
for yielding.
Mr. Speaker, I might point out, in
response to the question of my friend,
the gentleman from Minnesota, new
that the appropriations bill has
passed, and it is at the same number
that was requested in the administra-
tion's budget request.
The reason that this is above the re-
quest by $35 million that the gentle-
man from Pennsylvania, mentioned,
includes some $40 million for an ad-
vanced communications satellite that
the administration did not ask any
money for. So if we remove that pro-
gram, or take the money out, we are
below what the administration asked.
There are many people, including
myself, who think we need to proceed
with this advanced communications
satellite, and that is $40 million, and is
less than the Senate figure.
^ 1200
But that contributes to the amount
of money that accounts for the over=
age in the authorization process. How-
ever, I further point out that in the
appropriation bill, it is on target with
the budget, and this will give NASA a
certain amount of flexibility in shift-
ing some funds should other programs
need attention. And there is one in
tracking; because of an Air Force
upper stage, NASA will need probably
$50 million more sometime later in the
year.
Mr. WALKER. Mr. Speaker, the
gentleman from Florida reflects the
situation as it is. My friend, the gentle-
man from Florida, is absolutely cor-
rect that the appropriation bills are at
the budget level. That is one of the
reasons why it seems to me that we
ought to bring the authorization bill
in at the budget level as well.
The gentleman from Florida is cor-
rect that there are a number of things
that we are attempting to do. They are
going to have to be done within the
appropriation figure, however, or they
are going to have to come back at a
supplemental level. In order to achieve
what we want to do in terms of setting
priorities at the authorizing level, it
would have been far better to have the
authorization at the actual appropria-
tion level so that if they come back
with supplemental requests, we, at the
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June 29, 1984 LONGRESSIONAL RECORD - 16OUSE H 7583
overturns an earlier ruling by granting change between the U.S. Government
Mr. D'Aubuisson a visa. Not only does and foreign ground stations. "Agree-
this fly in the face of their denuncia- ments" is a broader term than "Mem-
?tions of terrorists, but it contradicts oranda of Understanding," but clearly
their actions in denying the visa re- Includes the latter. The broader term
quests of several ranking Nicaraguan is used in order to include all such rel-
officials. evant arrangements whether or not
A State Department spokesman, in they are called memoranda of under-
explaining the recent reversal, offered standing.
that Mr. D'Aubuisson was granted the Sections 202(a) and 303(a)(1). In
visa because he holds a key role in Sal- both title II and title III, the House
vadoran politics and the United States and Senate have agreed expressly to
is much interested in the evolution of authorize the contracting procedures
that process. Surely this same stand- contained therein because of the un-
ard could be applied to Sandinista usual, even unique, nature of this
leaders denied entry into this country. Phased transfer of an operation from
Mr. Speaker, Mr. D'Aubuisson has Government to private sector reapon-
been accorded the finest treatment sibility. Thus, the Congress intends
during his visit to this country. He was these provisions to. take precedence
the featured guest at a special session over and to supplement other general
with Members of the Senate. He had procurement law.
the privilege of a private meeting with Section 202(aX2). Language regard-
Assistant Secretary of State Langh. ing the title II contract has been
orne A. Motley. In fact, little pomp changed to indicate that under such
has been spared-all this despite contract, funds could flow either from
recent intelligence information linking the Government to. the contractor-if
Mr. D'Aubuisson to the death squads the contractor operated the Landsat
and to the assassination plot of U.S. system in addition to marketing Land-
Ambassador Thomas R. Pickering. sat data-or from the contractor to
Our democratic system of Govern- the Government-if the contractor
ment has historically recognized the only marketed Landsat data
importance of opposing opinions in Section 202(c) and 303(c). Senate
the political process. Just as we need language on notification of the Con-
not endorse the views of Mr. D'Aubuls- gress regarding the title II and title III
son, we need not endorse the policies contracts has been altered slightly.
of the Nicaraguan Government to The report-and-wait period has been
ll 1
i
a
WW
s representatives to visit the
United States. But at a very minimum,
we must be evenhanded in deciding
who will or will not be allowed to enter
and, in particular, who will be greeted
with a red carpet.0
EXPLANATION BY MR. FUQUA
OF THE COMPROMISE AMEND.
MENT TO H.R. 5155
The SPEAKER Pro temnnrn rvnd i'
a previous order of the House, the gen-
tleman from Florida [Mr. FuQVAI is
shortened from 30 days of continuous
session of Congress to 30 calendar
days, in recognition of the delays
only to the remote-sensing portions of
such systems.
Sections 401(d) and 403(x). The Sec-
retary may deny or condition a license
on the basis of national security, inter-
national commitments and obligations,
or noncompliance with nondiscrimina-
tory access, but not in order to limit
competition.
Section 402(b)(6). The original
Senate amendment stipulated that the
licensee obtain advance approval from
the Secretary of any agreement with a
foreign entity. In an attempt to bal-
ance considerations of commercial via-
bility with the sensitivities involved in
international remote sensing, this lan-
guage has been changed to require
only notification of the Secretary of
such agreements.
Sections 402(b)(7) and 403(a)(2). The
Secretary 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(aX6). 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 405(e). Section 405(e) states
that nothing in title IV affects the au-
thority of the Federal Communica-
tions Commission pursuant to the
Communications Act of 1934, as
amended:
Section 501(c). Section 501(b) of the
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
recognized for 5 minutes. ..o...o, ,..{:IUYU1g pruv~ 01 linen- 0V%"'&' 1 ,1V& Ul MUG secuoh a01(C)
? Mr. FUQUA. hanced data that meet eoaspatibility to highlight the differing, but comple-
Speaker, most of and functionally equivalent standards, mentary, roles in research and devel-
the provisions contained in the corn- The contractor is not required to de-_ , opment of the Secretary, which
promise amendment are drawn from velop any particular type or level of appear in section 501(b), and the Sec-
H.R. 5155 either as originally passed technology. retaries of Agriculture and Interior,
by the House or as amended by the Section 303(a)(2). This new subset- which appear in section 501(c).
Senate; the intent of such provisions is tion makes it clear that the title III Sections 601(a) and 104(3). Section
clearly explained in House Report 98- contractor must . acquire a license 601(a) has changed little during legis-
647 or Senate Report 98-458. However, under title iV. lative action on H.R. 5155. It is noted
in a number of instances, the language Section 303(d). If the Secretary re- here only to emphasize the clear con-
in the compromise amendment does ceives no acceptable proposal under gressional intent that any system op-
differ from that. contained in either title III, it is -the clear intent of the erator make unenhanced data avail-
the House- or Senate-passed bills. The Congress that the Secretary should able on a nondiscriminatory basis.
following paragraphs describe these assure data continuity by developing a Thus, for example, a company could
cases. Where new language appears in land remote-sensing space system to not be licensed to operate, and to
the compromise amendment in order be procured and operated by the Fed- retain exclusive use of data from, a
to explain congressional intent with eral Government. Private remote-sensing space system in
respect to commercialization of civil Section 304(a)(6). Support of the its entirety.
remote-sensing space system& title III contractor by the Federal Section 602(d). This section has been
Section 104(4). "Unenhanced data" Government has been limited to loans, redrafted to clarify that the Secretary
has been redefined to make it clear loan guarantees, or direct subsidies by may not demand data from a system
that such data need not include even removal of language in the Senate operator for archival purposes unless
the minimal processing described in amendment which referred to "other the Secretary has available appropri-
the House-passed definition. financial considerations." ated funds to pay such system opera-
Section 201(aX2). "Agreements" Section 401(aX2). This new subsea- tor for the costs of reproducing and
rather than "Memoranda of Under- tion indicates that the licensing au- transmitting the data
standing? if used, as in section 205, to thority of the Secretary. in the can of Section 603. A system operator may-
describe arrangement for data ex- multiple-use space systems, extends provide that data not be reproduced or
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 Approved For Release 2008/09/11: CIA-RDP86B00338R000200290004-7
H 7584 I.ONGRESSIONAL RECORD - HOUSE
June 29, 1984
disseminated by any purchaser. How- spending as in any spending category, would result in a $30 billion budget
ever, during the life of existing memo- more is not necessarily better; only saving in fiscal year 1989 alone, and at
randa of understanding, this provision better is better. And we can do better least $90 billion in savings over the 5-
Is not intended to abroagate the au- while spending less on the military year period 1985-89.
thority of foreign ground-station oper- than we are now planning to spend. Senator CHARLES GRASSLEY, Republi-
ators with respect to the dissemination Defense is now the fastest growing can from Iowa, has suggested that we
of land remote-sensing data. function in the Federal budget. It has freeze the defense budget (in addition
Section 606. The Senate amendment nearly doubled in the past 4 years. In to freezing all other Federal spending
has been altered to clarify the author- 1980, our military budget totaled $146 programs) in fiscal year 1985 in order
ity of the Federal Communications billion (24 percent of the budget). to force the Pentagon to adopt more
Commission to license use of radio fa- Today, this budget is almost twice as realistic defense strategies and pur-
cilities by private remote-sensing space large at $264 billion in budget author- chasing practices and to avoid the pos-
systems after the President has made ity and the administration originally sibility of block obsolescence of
available spectrum for use by such sys- requested for next year another $50 weapon systems 20 years from now.
tems. billion (or 18 percent) increase. Most His proposal is very similar to the
Section 607(c). This subsection has of the growth in this budget has been across-the-board budget freeze which
been redrafted to clarify that reim- for the development and purchase of many of us in the House-both Demo-
bursements may cover only costs asso- new nuclear and other weapon system. crats and Republicans-supported ear-
ciated with technical changes in This front loading of procurement of her this year.
system performance imposed in light big ticket items leads to further The Grace Commission has issued a
of national security concerns. Reim- strains on our budget. Worse yet is set of recommendations to trim the de-
bursement would not cover costs ordi- that fact that we have been buying fense budget primarily by improving
narily associated with the economic these major weapons systems on management and procurement.
and political risks of doing business credit. The bill to pay for them will Such efforts point out that there is
abroad. Thus, a system operator would come due in future generations. broad-based concern about our current
not be reimbursed if he were tempo- When it comes to matters of defense defense spending pattern. These pro-
rarily forbidden to conduct business in spending, Congress must choose what posals cannot be characterized as de-
a given country. Reimbursements we need and what we can afford. fense cuts because in no instance do
apply only to private-sector parties While fighting the problems of a huge they recommend spending less on de-
who have obtained a license pursuant Federal deficit, all areas of spending fense-only that we slow the rate of
to title IV. must be carefully evaluated. This past increase. I have voted for budget reso-
Section 609. An authorization of $75 April, the House passed a budget reso- lutions which would have allowed for
million is provided for fiscal year 1985, lution that established a level of 8.2 a reasonable rate of glrowth in defense
which will be expended largely for de- percent (3.5 percent real) growth in spending (between 5 percent and 8.2
velopment of the land remote-sensing defense spending for fiscal year 1985. percent per year). However, I have not
system pursuant to title III. It is ex- At the very least, we should stay voted for defense authorizations or ap-
a that the Secretary will submit within this limit. Careful planning is votedf or de defense because they have
a supplemental budget request to the required to stay within the budget and locked us into spending inrease
Congress during fiscal year 1985 for to ensure that we do not mortgage the than these amounts which is,
the financial support authorized under future by borrowing heavily to pay for grea locked
frankly, more than' we can afford,
title III, and the level of funding defense spending today. Commonsense tells us that in a "mili-
under this section would enable the COMMONSENSE OPTIONS tary budget this large ($264 billion) we
Secretary to proceed without delay. Various individuals and groups have can maintain a strong defense while
Any authorization under this section issued statements and reports describ- slowing the rate of military spending
remaining after fiscal year 1985 may ing how the defense budget can be increases in the future. Following the
be expended by the Secretary in better structured and directed. lead of these groups and individuals,
future fiscal years.? In a recent study by the Brookings we in Congress must adopt common-
The SPEAKER pro tempore. Under Institution, "Economic Choices 1984," sense defense priorities by making
a previous order of the House, the gen- William W. Kaufman, consultant to choices that are prudent, affordable
tleman from Florida (Mr.'FAScELL] is the Foreign Policy Studies Program and contribute to the effectiveness of
recognized for 5 minutes. and a member of the faculty of the our national security capabilities.
[Mr. FASCELL addressed the House. Massachusetts Institute of Technolo-
gy, states that the United States could A CLOSER LOOK AT BIG TICKET ITEMS
His remarks will appear hereafter in Today, we are not choosing military
the Extensions of Remarks.] reduce military costs significantly
t weakening the Nation's de- systems based on what we need or how
ith
ou
w
fense or even altering our basic strate- much we can afford to spend. We are
A COMMONSENSE STRATEGY TO gy. He argues persuasively that we buying virtually every weapon system
KEEP AMERICA STRONG could reach the Reagan administra- on the Pentagon wish list-at too fast
The SPEAKER pro tempore. Under tion's defense objectives more effi- a pace.
a previous order of the House, the gen- ciently by eliminating duplicative America's strategic nuclear forces
tleman from Minnesota [Mr. PENNY] is weapon systems, moderating the pace must maintain our deterrent strength
recognized for 15 minutes. of modernization, and abandoning cer- in order to thwart any effort by an
? Mr. PENNY. Mr. Speaker, shortly tain questionable programs. In all, enemy to exploit the advantage of a
after we return from our Independ- these choices would result in a savings nuclear attack. At present the United
ence Day recess, the House is expected of $175 billion during fiscal years States has such a force, a combination
to begin debate on the defense appro- 1985-89. Of that, he estimates $23.5 of long-range bombers as well as land-
priations bill for fiscal year 1985. We billion could be saved in fiscal year and submarine-based missiles. It is es-
must adopt a commonsense strategy 1985. sential to modernize these strategic
governed by current budget limita- Business Week recently conducted a forces as weapons age and Soviet capa-
tions and wise choices of weapon. sys- thorough study of budget options and bility improves.
tems that enhance America's national has recommended (a) the elimination However, both the Business Week
security. of several big ticket items (MX, B-lB, and Brookings Institute studies point
We in Congress must resist weapons DDG-51 destroyers, the Bradley to duplication in our military budget.
systems which are unnecessary or too Fighting Vehicle, and the DIVAD air Where is the duplication? First, the
costly. We can maintain a strong na- defense system), (b) that procurement Air Force is proceeding with five dif-
tional defense while avoiding expendi- be open to more competition and (c) ferent ways to penetrate Soviet air de-
tures that are destabilizing, wasteful, that a number of research projects be fense by bomber or bomber type sys-
or duplicative. In the area of defense slowed or canceled. These suggestions tems. It is upgrading the B-52 bomber
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