AN ACT TO ESTABLISH A SYSTEM TO PROMOTE THE USE OF LAND REMOTE-SENSING SATELLITE DATA AND FOR OTHER PURPOSES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000200290012-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 66
• Document Creation Date: December 21, 2016
• Document Release Date: September 11, 2008
• Sequence Number: 12
• Publication Date: May 14, 1984
• Content Type: REGULATION

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98TH CONGRESS
2D SESSION
Calendar No. 891
. R. 5155
[Report No. 98-458]
IN THE SENATE OF THE UNITED STATES
APRIL 10 (legislative day, MARCH 26), 1984
Received; read twice and referred to the Committee on Commerce, Science, and
Transportation
MAY 17 (legislative day, MAY 14), 1984
Reported by Mr. PACKWOOD, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
To establish a system to promote the use of land remote-sensing
satellite data, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tines of the United States of America in Congress assembled,
3 That Ae *y beeited&etle
4 Commer-eWization Aret of 1984".
5 OF ,
6 FURPOSRS-, AND POLICIES
7 QCs
8 fie. 4$1 The Congress finds sed deelares that
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1 (14 the e8fitilmetts civilian of n and liza
2 tier of land data from spaee in of
major
3 benefit in managing the ms's natal and
4 in plafiffin of conducting mmy ewer aetii4ties of eee-
5 nemie importance;
6 (23 fihe national interest of the Uflited States lies
7 in maintainifig international leadership in eiiil remote
8 sensing and in breams promoting the beneficial ese of
9 tee sensing
10 (8) land teesensing by the Gover-fime of pi-
11 veAe parties of the United States affects intefnation
12 eemmitme and policies a *d tiational security eon-
13 Berns of the Uftite mates;
14 (4; the broadest and most beneficial ft se of land
15 data is l&* to result from maintaining
16 a policy of access to data;
17 (6) ttse of land remotesensing data he7 been in-
18 hibited by slew market developme and by the lael# of
19 assurance of data eat
20 (6) the pr-ivate seeter, and in the
21 vahie added" ifi"str-y, in best suited to develop land
22 rename sensing data markets;
23 (74 vigorous, Bea ?e, mark en private
24 sector involvement in land can lead to
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1 rapt realization of the potential ltd of that teeh-
2 nelegy;
3 04 to utilize fully the strengths of the private
4 seetorP ooy process of eewmer-eializatien of land
5 shoulc involve the maw praetiea
6 hle competition and the minimum Poeth in duration and
7 amount) may;
8 (8) at the present time, it ie unclear that the pri-
9 vote sector alone will develop a total land -' ete
sens-
10 ktg system because of the high fish and large capital
11 expenditures involved;
12 cooperation between the Feder-al Govemme
13 and the private sector eon help assure both data eonti
14 nu4y and United States
15 444 the time is new to initiate such
16 cooperation with phased transition to a fully eemmer
17 elal system;
18 cooperation between Govermnent and the
19 private seater i t eivil land should be
20 structured on as to minimize Goveffinte direction and
21 rr tlation and use private seete el- ~t;
22 (9} rthele
23 mast be maintained to assure that private sector aetivi
24 ties are in the national interest and that the interns
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1
banal a aj4 policies of fife United States
2
afehefler-e4j an4
3
(44) there ie no compelling reason to eeetmer-eial.
4
i$e eorelegical satellites at this time.
5
PURPOSES
6
4 1t is th
r
f
r
th
f thi
A
t
e
e
o
e
e }
ose o
s
e
-
7
(44 to guide the United States Government in pie-
8
meting ?t&, fit, ft" proper- involvement of the pi-
9
vate sector in 4Y4 laud kspaee;
10
(2) to maintain the United States leading position
11
it eiv4 remote , preserve itff national seeerity,
12
attd fulfill its '
;
13
(S to
for assuring eentinuity
14
of eivi4 land
data ..,tee protecting
15
public and private
access to these
16
data;
17
(4} to minimizethedur-aand amount of any
18
further Federal itwestffient drat might be necessary to
19
owhieve ? t4 eemmer-eializatien of e~ ImA remote
20
sew and
21
(5) to prohibit
of fneteer-elegieeA
22
satellites attlhist
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1 PENHE)IBS
2 403 (a) It shall be the policy of the United states
3 to preserve its right to acquire digital
4 r-emete sensing data.
5 (b) It shall he the policy of the United States that eivil-
6 ia* digital mfnete sensing data be made available to all po-
7 tential users off a nendiserkft~atery basis-
.-8 (e) It shall be the peliey of the United States both to
9 eee er-eift!e these spaee functions that
10 preper fetid themselves to pfi~vate sector operation acrd to
11 avoid eempetitien by the Government with stte
12 operations, while eeetinuing to preserve ow national seeuri-
13 ty; to honor ettr international obligations, and to retain i t the
14 Government these functions that are esseft
15 tially of a public service nat
16 DHFiNiTiONS
17 SBe, 404- For purposes of this
18 (44 The term "digital remote sensing data" means
19 the twpr-eeessed and minimAy proeessed signals eel-
20 leeted from a spaee gems or errgi
21 oral film products eelleete from such gysteffis. Such
22 minimal p~ shall be limited to r-eetifiestieft of
23 with respect to
24 features on the Earth, and efflibr-atiert of spectral re-
25 sponse. Such term Rees rret include ip-
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1 elatiees, of ea4ettlatietta derived from such signals of
2 combination of fihe signals v4th a of ifAer-ffift
3 lien: Unless otherwise limited, digital
4 data includes laxd and eeean sensed data.
5 (Q~ The term " " means the Secretary of
6 Co .
7 `3)(A) The ter "ee a fiendisefiminater-y basis"
8 means v4thettt pre?ereeee, Of any other special
9 affangement regarding delivery, format, fittaiteing, of
10 deal eensider-at .whieh would favor Bee buyer
11 of Blass of hers over another.
12 (9) he Bale of dfttft is ffiade off a neftdiser-i
13 lory basis only if (i) any offer to sell of deliver data is
14 publishe in advance in ffiteh maimer as will ewe
15 4t the offer is equally available to ail prospective
16 mss; (ii) the system operator hoe eel established of
17 changed any wee; peliey, pmeedur-e, of ether ter-fn of
18 need ion in a eraexer which gives one buyer of Blass
19 of buyer de facto ?avored aeeess to dales and (iii) in a
20 ease where a systefn operator offers volume disee s,
21 such discounts are no greater than the
22 r-eduetiefla in the eesl of such sales. The sale of data
23 on a fiendiser-ifainate basis does net preclude the
24 system operator o??ering discounts other thfffi veittme
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1 diseox its to the extent that streh diseerrxts are net in-
2 eexsisteet with any ether provisienr of this paragraph.
3 (0) The sale of data on a fiefidisefitRifiater-Y bees
4 lees net require (i4 that a system operator diselese
5 names of buyers er their parehasee; (ii that a system
6 operator maintain all, or any pa-ftiettlaf subset of-, data
7 in a working inventory; or that a system operator-
8 expend equal effort in developing all segments of a
9 market.
10 (44 The term er system" means Landsat 4
11 4, and ands gr-etm ~equipment, systems,
12 and ?aeilities, and any sxeeesser eivil
13 iag satellites operated by the United Mates Govern
14 mmrt prier to the eemmeneement of the six year period
15 deserihed in seetion 802(b)(2).
16 (o The term "system operator" mews a eentrae
17 ter under title $ or a lleense holder under title
18 TITLE 14 CONTRACT F" EX49TING LAND
19YSTEM
20 eT BEQUIREMEN9PS
21 SE 204, In accordance with the of
22 this A-et-, the Secretary shall, sweet to the avai4ability of
23 appf-epfisti there?er, contract with a United States private
24 seater party as de?ined by the Seeretafy) to market digital
25 data generated by the Lamisat systefa. If the
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1 Secretary determines that eempetition ?er such contract will
2 promote the polieies axd pufpeses of this the Seer-etewy
3 fi%y aeeept proposals ?or such contract which ifteittde the ep-
4 effttie by ffiteh Unite States jpr-ivate sector party of (44 the
5 spaee ee nponent of the Laft4sat systeffl, (2) the felate
6 ground equipment, systems, eft d ?ae es, of (8~ both such
7 space meet and such felmed went, systems, aad
8 ffteilities.
9 4b) A eentfaet away (a) Aftil be
10 awarded, a?te , in accordance with the conditions
11 of section 208-. Sueh eefitfaet fi%y be reawar ded eempeti
12 Lively after the practical demise of the space segment of the
13 Landsat system, asdeteffnined by theSeefetar-y.
14 (e) Aity contract authefize by subsection (4-
15 (44 shall net permit the transfer to airy ntra for
16 o?title toanypaitefallo?theLandsatsystem; ax4
17 (2 specify that the contractor ese; an4 at
18 his owi expense, maintain, repair; or modify elements
19 of the Landsat system as the eefitfaetef finds necessary
20 fef eeffffnefeial. operations:
21 (d) 1 as a result of the competitive process required by
22 subsection (b the Secretary receives ne proposal which he
23 finds acceptable under the men Lions of this Aet-,- the Seere
24 tary shall se certify and fully report his findings to the Con-
25 gress. Thirty days after se certifying e*d reporting the See-
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1 rotary ffmi-y reopen the eempetition.. 14 ne aeeeptAle pr-opes
2 als are reeeived after such sAse"ent eampet tien-, of if the
3 Secretary deeides net to reopen the eempetition, the Seeme
4 ehall ee certify and ?u report hie ? ngs to the Uee-
5 gross. In the event that no acceptable proposal ie reeeived,
6 the Secretary shall eentinue to epee the Landsat system
7 and to market data from such system.
8 (e; In de?ining "Unite States private sector party" ?er
9 p oses of subseetien the Seer-etaf may take into ae-
10 count the citizenship of key personnel, leeation of assets, ?w-
11 eign ems, eentrol, and ififitteftee, and ether such
12 ?aetors.
13 SAEH OF BATA
14 SBe, W2- W The United States Government shall
15 retain title to any and all data generated by the Landsat
16 system. However-, after the date of the eemmeneeffient of the
17 contract described in section 201(a), the contractor shall he
18 entitled to revenues ? om sales of eepies of data from the
19 Landsat system, subject to the eenditions speei?ied in sections
20 9(4 and 6of thisAret.-
21 Thecontractor nnay eentinueto mar-ket dataprevi
22 eusly generated by the Landsat systeffl after the demise of
23 the space segment of that system.
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1 OF eemPHT19P FOR EeNTRAeT
2 Sn 209, (} Pie Secretary of Commerce s as par4
3 of his adver-tisement ?af the competition ?ef the eeetraet fie-4 ther-ized byseetiee204-, identify aadpublish the inter-nation ,
5 , national seedy eeeee (with pf-e-
6 teetion of sensitive ?ermatio demesne leggy consider
7 ations, aad my ethff standaMs of conditions wick a private
8 contractor shall be required to meet.
9 (b) In selecting a contractor under- this the Seer-
e-10 #,ay shall eensider
11
() ability to mapket aggressively digital remote
12
sensin g
13
(2) the best over ?ieaeeial r-etw-fl to the Govern
14
ment, ineluding the petenfial savings to the Govern
15
e
~;-
16
(33 ability to meet the ,
17
standards a*4 eee
ions ideati?ied under- subsection
18
19
(4) teehnieal eewpetenee, ineltt4ing the ability to
20
assure continuity a 4 timeliness of data fi4~m the Land
21
sates
22
(5) absence of any eefiffiets of interest which could
23
inhibit access to such data-
24
(6) ability to effect a smooth transition with the
25
eentfaetef seleeted under- title 4 of this Ae~; ai+d
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1
( such ether factors fie he deems .
2
FOREIGN EIRE)UNB STATIONS
3
S*o- 204. (a}
he contract under this title shah provide
4 fi
the contractor a
aet o the agent of the geef-etowy by
5 eking to supply digital data to foreign
6 ground stations fef the aid aeeer-di g to t of
7 these agreements. between the United states Govefnine
8 and sire t foreign ground stations that are in force on the date
9 of the eeffiffiefteeffient of the eentraet.
10 (b the expiation of ouch , o in the
11 ease of foreign grettd stations that have tie agreement With
12 the United States en the date of eemmeneement of the eon-
13 traet, the contract shall provide
14 (4} that digital remotese g data from the
15 Landsat system shall be made available to foreign
16 grettxd stations eniy by the eentraetor; and
17 (2) that such data shall he made a able on a
18 fiefidisefiff4flate basis.
19 TTY i P OWSiON OF DATA CONTW64TY
20 DUAP~G TFIANSiT 8U
21 PURPOSES AND DEPPH9ME)
22 404 W It ie the purpose of this title
23 (4} to provide, in an orderly manner and with
24 minimal risk, ?er a transition between Ge:ventme op-
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1 oration & *4 mate, es ereial opefation of eivil k*d
2 r-emote sensing space systems; and
3 (2; to probe ?or the eefitiat~ty of MS data ?er
4 sii years after the practical demise of the paee seg-
5 rent of the La sat syteer
6 (b Fur pufpeses of this title
7 (}4 the term "Multi Spectral Sommer-" means the
8 instrument referred to by that name and married on the
9 Landsat 4 and Landsat & satellites; and
10 (4) the term "MSS data" means digital remote
11 sensing data whieh, from the point of view of a data
12 user,
13 (A} to data from the
14 Multi Spectral Seamier; and
15 (B) compatible with data and v4h equipment
16 used to receive and process data from such
17 Sefiffifter,
18 ~j OT F DATA _S_N,) OANTTNjw
19 S He. 20a (a) Subject to the availability of ~
20 tions therofor and to the licensing eenditions established
21 under title the Sew shall,,- after competition, eon-
22 tract v4h a United mates private seater party (as define by
23 the Secretary pursuant to section 2044 fef the provision by
24 such party of the eapability of generating data of a quality at
25 least eq+wJ to the quali ty of data and of seising and
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1 delivering sueh data to the Federal Government. he
2 bility shall iftelude, at a mom, the capability to generate
3 and deliver MSS data at the annual velume of Federal usage
4 during fiscal year 1988, as deter-ffline by the The
5 capability fftay be provided by the contractor using whatever-
6 technologies the ~ tufaeter ff%y select. In a4dition, the eery
7 tractor ff*y make available of a higher- quali of of a
8 different type than ACSS data.
9 (b) The contract authorised by subsection (a)-
10 (44 shall be entered into ae seen as , al-
11 leaving ?er the compet preeess;
12 (2) shall, in accordance with
13 and published by the Seeretany, reasonably assure the
14 provision of the capability described in subsection (a3
15 ?er a period of six- years, begs as seen ae prantiea
16 We in order to ff4ftimize any inteffuptieft of data
17 ftvailftbil4y;
18 (8) shall terminate one year after the expiration of
19 the six year perms dese4e in pa-Fagfa-p (2);
20 (4) may, subject to section 806 of the Federal
21 Property and Aet of 1949 (44
22 provide ?ef a payment by the Secretary
23 to never a portion of the capital eeet of prong such
24 capability, which may be paid in insWiments. (A) based
25 on progress prior to the beginning of the smear
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1 per-i@4 4ese}ibe4 in paragraph (-~, a t4 (134 the stt t of
2 whieh shall be less that the total eeet of preeutring the
3 system required to assure the eapability fef in years;
4 (4) shall provide that sale of digital r-effiete
sens-
5 ing data shall he in accordance with the previsions of
6 seetiee 309 of this title;
7 (6) shall net provide fef any guaranteed 4ata ftr-
8 erases by the Federal Gover-nmefft;- an4
9 (-) ffmy provide that the contractor utilim, on ft
10 basis, civilian Gever-ftfne satellites as
11 platforms ?er a eivil satellite system,
12 il-
13 (A) the contractor ifftmediately reimburses
14 the Ge-v:ernme?t fef all related Bests incurred with
15 respect to such utilization, ineitt4iii a reasonable
16 and sure of fixed, spaeeera?t, data
17 transmission,, and latifieh costs; and
18 (B) such utilioatieft would net interfere with
19 of e se in any oompretniee the intended
20 eivilian Government missie as deter by
21 the agency responsible fef the ei-vilim satellite.
22 (e) The contract authorized by subseetion (a) shall be
23 awaf de 4 on the basis 4-
24 (-) the eest to the Govefnffle of the payment
25 under subseetieft (b)(4);
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1 (24 the f+ ; technical eoinpetenee and ?i-
2 naneial eendition of the " ntractor
3 (3) the eo to develop the remete
4 ening data market;
5 (4) the eonti aetero ability to stipplement basic ea-
6 des speei?ied in seetiee 802(a) by adding r-efnete
7 sensing ea-pabilities (at the eentfftetef'a ewe and
8 eensistent with national seewity eeeeerrs) which main
9 taro kited States lead in
10 (5 the eent aeto o ability to meet the co itions
11 fff obtaining a lieense under We
12 (6) the eej aeter-'e ability to provide digital
13 feffiete sewing data on a timely and reliable basis;
14 4~ the ability to effect a smeeth tram
15 sitien with any contractor seleeted under tine $;
16 (8) the royalty of profit er ar-
17 rangement, or other such financial eensider-ati n offered
18 to the Federal Govefftmefit-; and
19 (9) such other ?aeters ae the deems ap-
20 prepriate.
21 (d) 14; as a result of the competitive process required by
22 subseetien (a)-, the Secretary receives no propesal ich he
23 finds aeeeptable under the eenditions of this the Seem
24 tart' shall se certify and fully report his findings to the Gen-
25 gress. Thirty days after se certifying and reporting, the See-
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1 rotes may reopen the eempe } 14 no acceptable prepes
2 ale are reeeived after such su~se"ent eempetitieft-, of if the
3 Sew deeides net to reopen the eempetition-, the e
4 tart' shall ee certify and fully report his findings to the Cox-
5 greys. N y days after an eer-fifying and reporting, the see-
6 rotary is authorized to assure M-98 data eentint4y by pre-
7 eureteentandeper-atie Feder-a! Geveftnme of the
8 necessary systems, subjeet to the owftilability of axx x .
9 bees therefor. Such procurement and operation niay inelude
10 generation of data of a higher quality than MSS
11 SALE OF DATA
12 SE W The contractor selected under- section 9W
13 shall sell data in accordance with the pis of sections
14 and 6W of this
15 (b Any sale of digital data by the een-
16 tractor to Federal ageneies shall be of a tiondiser-kninatefy
17 basis, with the additional on ion thf~t at least 4 per eentufft
18 of the price of each such sale shall be rebated to the C ovefn
19 ment (and thereby reduce the total fwt eest to the Govern
20 meat) as a royalty payment to the United States Treasury.
21 Such royalty pates shall he required during the life of the
22 contract a prized in seetieft 802, or until such time as the
23 ettfnttlative total of such royalty p ents equals the value of
24 any payment made to the contractor by the rove-rnment
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1 under section 802(b)(4), weer first eeetrr Dfifia sales is
2 nen Federal hers shall be subject is such a rebates
3 (e) Ater the smear period deseribed in section
4 302(b)(2), the contractor to sell data art&, if
5 lieensed under We P; of thin -et" to operate a ei it remete
6 sensing space syste ..
7 BEPOBP
8 mac} 30? Two years after the date of the eemmeeee
9 merit of the sear period described in section 302fihe
10 Secretary shall report to the president and to the Congress
11 on the progress of the transition to fully private ?inat}eing,
12 owner-ship, artd operation of space systems,
13 together with at}y meemmendatiefts ?er actions, ineluding se-
14 tierrs necessary to ensure United des leader in eivilian
15
fr
om spaee.
16
TITLE
OF PRIVATE RA
-
17
SENSING SPACE 3
18
GENERAL *UTHOHN"y
19
mac} 401:-
a Secretary is at erized, after eensulta
20 tiers with ether appropriate Federal ageneies, to gram sus
21 peter inedify, or revoke licenses tttrder this titles art4 to take
22 ate other such actions as he deems necessary its order to
23 Barry etrt the provisions of fihis title:
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1
2 402 ( No pfivate seems H%y operate any
3 remotesensing wee syste whieh is su-bjeet to the jttr-isdie
4 tine of control of the United mates (ss deteffiiined by the
5 Seer-etar-Y) m4thout olieensepur-Suftfit to section 403.
6 (b) A-By license issued pursuant to section 409 shall be
7 subjeet to the ?eliewing eenditiefts-
8 (44 ewe be operated inseehmanner-
9 as to preserve ae4 promote the national security of the
10 United des and to observe a *d imps the inter
11 national Obligatiefis of the United States.
12 (2 Digital fiesensing de,-+a sly be made
13 available tesllpotentialusersees is
14 basis:
15 (3) No license issued der this title shall pretest
16 the licensehelder from fair competition from ether li-
17 eenseheldef&.-
18 (4) A-Hy private sector party proposing to be Ii-
19 sensed eerier section 409 shall agree, ss a condition
20 ?er the receipt of such lieense, that prier to 4isbandittg
21 Of terminating der the license, the lieeft
22 sehelder will ewe disposition of soy orbiting satellites
23 in ft fflatiner- satisfaeter-y to the President.
24 5A-fly private sector paf~y proposing to be Ii-
25 sensed ender section 409 shall agree, ss s eendition
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1 ?ef the receipt of eft iieense, to provide to the e
2 taty ay data generated trader sash 1ieeese whieh the
3 Secretary ffmy request fef the pur-pese of ar-ehivin
4 Pur-Stmitt to seetient 602.
5 (6 Fer the purpeses of with
6 the provisions of this Aet e~
7 assess to data, ary private seeter party pr-opesin to
8 be licensed under section 408 a agree, se a eendi
9 tiett fef the receipt of sash license
10 (} to notify the Secretary of $y "valtte
11 added" des (as de?ined by the Secretary by
12 riegtdatien) that wi4 he eendueted by the licensee
13 er by a subsidiar-y or affiliate of the licensee; aad
14 (B} to provide the Secretary with a pmt for
15 the conduct of such aetivities whieh wi4 ensure
16 compliance with sash provisions concerning non
17 diserietinatery assess:
18 AUTHORiTly OF THE SBeRETABly
19 Snc} 403- W The Secretary is authorized to iieense
20 quaii?ied private sector parties to operate ei
21 space systems in accordance with the pr-e-Asiexs of this
22 (b) Any iieense issued under sttbseetieft W shah be in
23 effect ?e sash period ae the Secretary a epeei?y.
24 (e) Aay private seeter party may at* to the Secretary
25 ?er issuance, transfer, or temination of a license trader this
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1 We in a form and manner- by the Seefetar-y. Each
2 application tender- this section shall set forth the activities
3 propose to be ear-ried et4 under- the lieense, itieIttdifig faeas
4 ttr-es twee to eetnply with these operating spee-
5 ified in section 40 of this
6 4} No lieense shall be granted by the Secretary unless
7 he deter-mines in writing that the applicant comply with
8 the of this Aet, the regulations issued ptir-sttaiit
9 to this and the inter-nation obligations and national se-
10 ettr-ity concerns of the United States. fre Seems Aall
11 review any ap-pheatieft and make a deteffflinati ther-eon
12 within one hundred and twenty days of the receipt of an ap-
13 plieatietr. 14 final action has net eeexr-r-ed within such time,
14 the Seeretary shah ii?er-m the meant of any pending issues
15 and of aetions required to resolve them.
16 (e the Seer-eta ry ffifty revoke, suspend of modify a 14-
17 eense issued under this title if the Secretary determines and
18 notifies the lieensee in writing that the lieensee has stAstan
19 tially failed to comply with any prevision of this Aetq, with
20 any r- atien issued tinder- this A-e-t-, with any tee eendi
21 tiers; errestrictions of such lieense, of with any .
22 obligation or national security concern of the United States.
23 (f Any applicant of licensee who makes a timely re-
24 quest fef review of a denial of issttaftee of transfer-; reveea
25 Lien; suspension; eenditioning; of medifieation of a license
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1 shall he entitled to adjudieatieff by the Secretary err the
2 record after an opportunity ?ef air agony hearing with -
e-3 street to such denial, feveeation, seeee; , of
4 medifieafi on.. Any final aetion by the Secretary under this
5 subsection shall be sweet to judieial fevie under ehaptef -7
6 of We Unite States bed
7 Op ter} SHefiHqpARj
8 S*e: 404. (} he Seems ffwy issue regulations to
iWO
9 eat errt the p isions of this
10 (1}) Regulationrs issued by the Secretary undef this We
11 shall he Vr-efntdgftt exly after publie notice acrd comment i t
12 accordance with the p~ of section 5" of title
13 United States bode.
14 OF THE 8HeHH9P*HIf
15 S*e-. 405 (a3 Each license issued by the Seer-eta ry shall
16 require the licensee
17 (4} to allow the Secretary of iris designated offi-
18 eeos to inspect Rey ?inancial of business records assaei-
19 aced with femete sensing of "veAtte add " activities
20 find
21 (#} to allow the Secretary of his designated offi-
22 eels to inspect ay spacerelated of gr-ound segment
23 hafdwa e of software to be utilized by the licensee in
24es.
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1 ts unlawfid ?ef fffly person to vielate a*y regula
2 fieft of provision of a license isstie tifider- thiff Ant, to /ie-
3 late any space treaty or law implementing any space treaty,
4 or to prevent of inhibit the monitoring of ae-
5 tivities of "ale ?daea" aetivities by the Secretary or hie
6 designated o?lieers.
7 4e Afty person who after netiee and eppeftunity to he
8 heard in accordance with title 5; United States Code, is
9 ?eund by the Seems to have committed any ant pied
10 subseetiett (h}shallhe liable?efaeivilpenaky of fif4 more
11 than $10,000 ?or each violation. Each day of eentintting op-
12 oration in violation shall eenstitute a separate fir. The
13 Secretary ffffiy , Modify, or remit any such eivil
14 penalty.
15 For the purpose of conducting any hearing under this
16 section,, the Secretary w&y issue sugenas ?er any materials,
17 deeuments, er records, or ?er the attendance and testimony of
18 witnesses.
19
(e} In carrying nut his enfer-eeme
, the
20 S
t
ecre
ary
21
} seize any objeet, reeer
of report whefe it
22
r enably appears that such was used, is being used,
23
of is likely to he used in violation of this of
24
(-~ nee ifivestigati ns and inquiries and adnninis
2 5
ter to or take from any person an Bath affir-fflatiett of
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1 a??ida it eeneerning any matter relating to the en?eree
2 emot of thie Act.
3 (?) The Secretary is attthet-ized to terminate any lieensed
4 operations en an immediate basis when it reasonably appears
5 that operation in violation of my prevision of this of any
6 pre-vision of a lieense issued under this A-et-, er of any oblige
7 Lien of the United States under a spaee treaty, would be det-
8 rimental to the national i t.
9 AGENelf
10 fie: 406. (a) -A }mate seater y may *pply ?er a
11 lieense to operate a f-effiete sensing spaee system whieh }tti-
12 lies, on a spaeeavailab e basis, a eivilian United States
13 Goveftnine satellite or vehicle as a platfem ?er such
14 system.
15 (b} The Secretary, pursuant to the authorities of this,
16 title, may lieense such system if it meets all eenditions of this
17
A-et-, and if--
18
(14 the applicant agrees, as a eendition ?er the re-
19
eeipt of such license, to use the Govemme inn-
20
ntediately fef all felated eests wed with respect to
21
such utilization, including a reasonable and
ortiee
22
ate share of fixed, spaeeera?t, data
, and
23
launch costs; and
24
(B) such utilization would net interfere with of
25
otherwise compro ise the intended Govemme mis-
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1
signs as de ermined by the agency r-espensible ?of the
2
satellite of vehiele.
3
(e) The Seere
Offer assistance to }mate sector
4 pafties in ?ef such
5 utilizatieft.
6 (d; Federal agencies *re authorized to enter into agree
7 monts ?er such utilization if such a-ffeeffientki arc consistent
8 with the agency's missing, stattitefy may, a a e
9 priatien Ants and if such atesensing space systeffl is 4-
10 eensed by the Secretary.
11
(e) The provisions of this section do net apply to aetivi
12
ties carried eut pursuant to We
13
TRRMiN*IFiO
14
See. 40
I fi
f
h
i
i
ve years a
ter t
e exp
eft of the six-
r-at
15 year period described in section b)(2), no pfivate sector
16 pa4y has been licensed and continued in operation under the
17 provisions of this title, the authority of this title shall
18 teffflinate.
19 TIT16 AND DEVELOPMENT
20 mew *ND row
21 ,Sfw 604, It is the purpose of this title to provide ?er ft
22 eomfor-eheft civilian program of r-esearc , ,
23 and demenstfat to enhance the United Mates eapetbilities
24 ?er from space, as well as to enhance the ap-
25 plieation and utilization of such eapabilities.
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1 eONTIN"UHR FEDERAL HHSH*B6H
2 602, (a)(1) The Adfainisty-atef of the National Aer-
3 eeauties atid wee Adfflinistr- ie direetec to continue
4 ffli4 to enhance sure programs of remote
5 sensing research a
6 (-24 Pie ie authorized a *4 encouraged
7 to--
8 (M eee space
9 programs Pfe-
10 gas an4 basie researeb M ? cities);
11 (R) develep aed teeh-
12 nigttes, ifteluding these needed ?of ffieniter-iff the
13 Babb and its ; a
14 (C-4 esedttet such research and development in ee-
15 operation with ether publie and private research enti-
16 ties; ineluding private , State aad
17 leeg foreign and interna
18 tional organizations, and to enter into ltoa
19 (ineledin g feint v, which m4K fester- such
20 eeeperation..
21 (b)(1) Pie Secretary sba eeedttet a eeetiatting program
22 of
23 (A4 reseafe in appliestie of ;
24 (R) iteiing of the Earth and its ;
25 and
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26
1
developmetit of technology ?er fftteh meniter
2
3 (-24 8tteh pPfegr-ft ` iffelude support of basie research
4 ;t;
5 44 The Seeretapy is authorized a to eee
6 s , a*d development in eeepera
7 tieft *4h ether 13ttblie and pfivate research entities, ineluding
8 pfivate indtisty universities, State and local
9 foreign gover-nm and international , and to
10 enter into ventur-e } whieh NviI4
11 fester s
12 (e} Other- Federal agencies are authorized and eeeeutr
13 aged to met research and development on the ttse of
14 in ?uifill of theif authorized 1
15 using ?ux}ds ?er such pur-poses.
16 (d The Secretary and the er of the National
17 slft4, Within one year
18 after the date of ei ant of this A4 and biennially thcrea?
19 ter, jointly develop and transmit to the l ess a report
20 whieh des (44 a wed national plan ?er femete
21 research ftffd armed to the Earth and its at-
22 ems; (2 a eempilation of progress in the feievaftt eego
23 ing research aawes of the Federal agee
24 eie~, and (8) an a"e"ffieftt of the state of etrr knowledge of
25 the Eafth and its atmespher-e-, the needs ?er additional re-
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1 sear-eh (ifieltidifig research related to Federal
2 space arrd opper-twtiti available
3 ?er further progress.
4 USE OF DATA
5 SEe-. 608, Data gafihered in Fedefa4 eiper-ifnefituaff] space
6 pis ffta-y he used in related sear-eh
7 affil developme programs ?tnded by the Federal Govern
8 t and eeeper-awe f-e -
9 search programs, net fef eee~ ereial uses of in eempeti
10 tiers with private sector dies except as permitted by
11 tine 504-
12 @-ALE OF DATA
13 SE 604- Data gathered in Federal expos ee
14 programs he sell eu blee through a eefft
15 petitive process (eel with ional seettfity interests
16 and inter-fiatieft obligations of the United States) to any
17 United States entity which -ill market the data on a nondis
18 basis.
19 TITLE P OTTSTON
20
21 S*e 604, (-a} data generated
22 by ftny system operator- under the previsions of this Aet shall
23 be ffia& available to all users on a nendis basis in
24 accordance the of this
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1 (b) Afty system operator- shall fftak-e publiel available
2 the prices, peheies, joeeedur-esF ai+d ether terms at4 eeni
3 tiees (btrt rre , seetion 404(g)(0) the
4 flaffies of buyer-e of t64 des) ffpen ek the operator
5 will hell such
6 AfieffiviNG OF
7 602, (a; -tiein the prtblieinterest?erthe United
8 States Goverment
9 (14 to maifitain an archive of la
10 satellite data ?er hister-eal, seientifie, and technical
11 purposes, ineluding longterm global nta
12 ;
13 (4) to eeetrel the eentefit and seepe of the fir-
14 chive; and
15 ($ to assure the quality, integrity, and continuity
16 of the
17 (l}} The Secretary shall provide ?er long tee
18 nten? and upgrading of a basic, global, land remote
19 sensing data set refer-rd to as the "basic dfttft
20 set") ai+d shall follow e archival p s to assure
21 proper stage and preservation of the basic data set and
22 y access fef parties requesting The basic data set
23 whieh the Secretary assembles in the Government archive
24 shall remain distinct from any inventory of data which a
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1 System operator fffay maintain ?ef sues and ?ef eta
2 yeses.
of in upgr-a"g
J
d
k
i
itial eontent of-
i
th
3
*
etefffi
i
ng
,
,
n
e
(e)
shall
Secretar
th
t
t
i
d
k
h
4
y
e
a se
;
e
a
as
e
t
5
( ese as a baseline the
data currently
6
archived;
7
(~ take ire amt ?uture technical aed seien
8
tifie developme aid needs;
9
() eeesalt
and seek the advice of users and
10
producers of
data and data pr-edttets,
11
keeping the Congress advised of such eontaets;
12
(4) consider the pub ie's need ?er data which w&y
13
be duplicative in terms of geogmphiea4 coverage btA
14
w ink differ in terms of season, spectral ba resolH
15
tion,, of ether relevant factors;
16
(6) inelude, ae the Secretary deems apprepriate,
17
digital data g te either by the
18
Laifidsat Systeffi, pursuant to We f$ Of by license
19
holders under title f; and
20
(6) include, as he deems , data collect
21
ed by foreign greeed stations or- by foreign remote
2 2
Sefising space systems.
23
(d) All original data (of eopies thereof) sha
on request,
24 be made promptly available to the Seer-etafy by any system
25 operator in a form suitable ?er prig ?er data storage,
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1 maintenanee, and access. The Secretary ie mither-ized (sub
2 feet to the availabi4y of to pfty to such
3 system operator- sonable costs and tmfis
4 mittal of any such
5 (-e) A-By system operator- shall have the exeittsive right
6 to sell all data that the a to provides to the United
7 States data afehive fef a period to be deter
8 mined by the Secretary hu-t net to exceed ten years from the
9 date the data are sensed. In the ease of data generated from
10 the Landsat system prier to the implement of the eon
11 tract described in section 201(a) of this A-et, any ? ntr-aetor
12 selected pursuant to section 2~4 shall have the exeittsive
13 right to market such data en behalf of the United States G-e-
14 ernment far the duration of sutehe A system operator
15 may relinquish hiff exeittsive right and eensent to
16 from the archive before the period of ewe right has en-
17 pim4 by tefminating his offer to sell particular data.
18 (4) Ater expifation of such vii siye right to self or
19 after r-elinqttishment of such right, the data provided to the
20 meted States data archive shall be in the
21 public domain and shall he made available to r-eqttesting paf-
22 ties by the Secretary at prices reflecting reasonable casts of
23 a
24 (g4 1n carrying ee the functions of this section, the gee-
25 rotary may use existing facilities or may contract with a pri-
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1 Nate seater paw of parties ?e'f the performance of such ?uee-
2 tiees, sebjeet to the availability of appr-epriati therefor.
3
4 Si o. 603. Digital metesensing distribute by
5 ai+y system operator under the provisions of this Aet ffmi-Y be
6 sold tender the condition that such data will not be repr-e
7
u chaser
the
t b
di
i
d
d
.
p
y
sseffl
na
uee
of
8
RiaimBURSHmEN9P H
; $AH OF H@HiPMHNT
9
604 a) The
of the NatieneA Aere
10 eauties aed Spaee the Seer-etar-y of Defense,
11 and the heads of ether Federal agencies are authorised to
12 provide assistance to system operators under the provisions
13 of this A-e~-. Substantial assistafteeT such as launch se ees,
14 shah be reimbursed by the system operator.
15 The Secretary ffffiy allow e, lieensee under section
16 403, Of aoy other private sector party to buy of othefwise
17 acquire the use of equipment from the Lands at syste t, when
18 such equipment ie no longer- needed fef the operation of that
19 system of ?er the sale of data from that system. O ieials of
20 other Federal eivilim ageneies afe authorised and enneeur
21 aged to cooperate with the Secretary in eaffying sun this
22 subsection.
23 Rye
24 SHH: 605 The Feder-a! Communieations Commission
25 and the Secretary are encouraged to allocate to any license
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1 holder- wider- title pof #hiff to Geixer? n+ e
2 frequencies axd other eiiil radio ?er
3 systems in a tip manner consistent
4 inter obligations afid with the national inter-est.
5 OONSUIAATION
6 606 (a) The Secretary shall consult with the See-
7 rotary of Defense on a44 matters under this Aet a??eeting na-
8 tienal seen y. eke Secretary of Defense tea}} he responsible
9 ?er detefifainifig these eenditiens, went with this Ant,
10 necessary to meet national seen y concerns of the United
11 States and ?er nag the Secretary pr-empt! of such
12 eenditionns.
13 (ham) The Secretary shall consult the Secretary of
14 State ee all matters under this Aet affecting .
15 obligations.. The Secretary of State shall be r-espensible fef
16 determining these eer tied eensistent this A-et,, eeees
17 sari= to meet inter-natieft obligations and policies of the
18 United States a-H4 ?or notifying the promptly of
19 such eenditions.
20 (-2} The Sew of State ie authorized and encouraged
21 to provide land ,
22 to developing nations as a component of programs of inter-
ea-23 tieeal aid:
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1 (} The Secretary of State shall promptly repent to the
2 Secretary ony i s outside the United States of diserinoi
3 Watery of data.
4 (e4 1?; as a resat of conditions imposed on a system
5 operator on the basis of national seettrity of intemation oh-
6 ligations of policies, the Secretary 6* eeiisultation with the
7 Secretary of Defense of the Seefetafy of State, as the ease
8 fftay be determines that additiofial Bests will he inettrred by
9 the system operator of that past developme Bests (ifielud
10 ing the eest of capital) will set be recovered by the system
agencies
11 operator, the Secretary nay require the agency of
12 rep nesting such conditions to reimburse the system operator
13 fef sueh additional or development costs, exelti4ift antiei
14 paced pro its.
15 P NAT19NAb $
16 ADMiNiSTRAIHON , i s 8s
17 SEo- 60-7, Subsection W of section 241- of the National
18 Aefenatttiea and Space Administfa , 4988,
19 is armed to read as follows-
20 4&) the Secretary of Commerce is heresy authorized to
21 plan and provide ?er the m"ageme and operation of eivil
22 r-efnete sensing space systefas, which may ineittde the band
23 sat 4 and & satellites and asseeiated ground system egrip-
24 tent transferred from the National Aefena-utieff and Space
25 ; to provide ?or }tser ?ees; an4 to plan fef the
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1 transfer of the ownership awed operative of e
2 space systeffis e the private scctor when in
3 theme ""..
4 RELATION TO OTHER bAWS
5 608. The tff of this feet aye in addition
6 t ae4 net in liett e?; any ether prevision of
7 OF *PPROPHiMpfONS
8 fit} 609. (a) There are auther to he to
9 the Seeretar-y X500,000 fef ?iseal year 1985 fef the pttf-
10 pose of ear g vet the provisions of section 302, tie
11 an section 6O of this ~
12 b) The atithefizati provided fef under subseetion (a)
13 shah be in addition to moneys authorized pur-sttattt to tie 14
14 of the Katie and Spaee Administr-a 'ee Ad-
15 ther-izettion Aet of 1983 (Vttblie Law 97x73
16
TITLE VII PROM ITTn~T
OF COMAtERCIiA44ZA
17
TION
18
PROHiBiTION
19
S
N
i
h
h
P
e
t
er t
e
ress eer any other official of
20 the Government shad make any e??or4 to lease set of trans 21 fef to the private seete ?lize, er in any m9ty dis-
22 mantle any portion of the weather satellite
23 byte Peper-tment of Ceffiffi ceofaeystteeesser- ageny.
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1 FUTURE e0NBiBHRA9M0N8
es
2 *e-. Regardless of any change in eir-etiffistan
3 subse"ent to the went of this even if such ehange
4 makes it appeaf to be i the national interest to commercial
5 ize weather- satellites, neither the President ner a official
6 shall take any action prohibited by section of this ket
7 unless this We hae ?iret been repealed.
8 That this Act may be cited as the "Land Remote Sensing
9 Satellite Commercialization Act of 1984 ".
10 TITLE I-DECLARATION OF FINDINGS AND
11 PURPOSES
12 FINDINGS
13 SEC. 101. The Congress finds and declares that-
14 (1) the Federal Government's experimental Land-
15 sat system has established the United States as the
16 world leader in land remote sensing satellite
17 technology;
18 (2) the continuous collection of land remote sens-
19 ing data from satellites is of major benefit in managing
20 the Earth's natural resources;
21 (3) private sector involvement in space can pro-
22 vide sound bases for the future growth of space-based
23 technologies;
24 (4) it is necessary to determine the extent to
25 which it is appropriate and in the national interest for
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1 the private sector to assume responsibility for civil land
2 remote sensing satellite system operation and data
3 management;
4 (5) the existing civil land remote sensing system
5 of the United States involves important international
6 commitments;
7 (6) civil land remote sensing involves relevant na-
8 tional security concerns;
9 (7) it is in the national interest to promote the es-
10 tablishment of private land remote sensing ventures;
11 (8) private industry is best suited to develop mar-
12 kets for remote sensing data;
13 (9) it is doubtful that the private sector alone cur-
14 rently can develop a total land remote sensing system
15 because of the high risk and large capital expenditure
16 involved;
17 (10) cooperation between the Federal Government
18 and private industry is necessary to manage effectively
19 the existing Landsat system so as to ensure data conti-
20 nuity, to honor international and national security re-
21 sponsibilities, and to broaden the data market enough
22 to support self-sufficient private ventures; and
23 (11) such cooperation should be structured to min-
24 imize the amount of support and regulation by the
25 Federal Government, while assuring continuous avail-
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1 ability to the Federal Government of land remote sens-
2 ing data.
3 PURPOSES
4 SEC. 102. The purposes of this Act are to-
5 (1) guide the Federal Government in achieving
6 proper involvement of the private sector by providing a
7 framework for gradual commercialization of land
8 remote sensing, allowing an increasing private role as
9 the market for data expands, and assuring continuous
10 data availability to the Federal Government;
11 (2) preserve the leading position of the United
12 States in civil land remote sensing, preserve the na-
13 tional security, and honor the international obligations
14 of the United States;
15 (3) reaffirm the right of all nations to sense the
16 Earth's surface and acquire land remote sensing data,
17 so long as such data are made available to all potential
18 users on a nondiscriminatory basis; and
19 (4) minimize the duration and amount of further
20 Federal investment necessary to assure data continuity
21 while achieving commercialization of civil land remote
22 sensing.
23 DEFINITIONS
24 SEC. 103. For purposes of this Act, the term-
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1 (1) "Landsat system " means Landsat 4 and
2 Landsat 5, and related ground equipment, systems and
3 facilities;
4 (2) "nondiscriminatory basis" means without
5 preference, bias, or any arrangement that favors any
6 purchaser or class of purchasers over another, such
7 that-
8 (A) data products are made available to all
9 potential buyers at standard, published prices;
10 (B) all purchasers are given the same oppor-
11 tunities for access to data, such as timeliness of
12 availability and terms of delivery; and
13 (C) special arrangements, other than any ar-
14 rangement for exclusive access to data by any
15 purchaser, such as volume discounts, gathering of
16 data with certain characteristics requested by a
17 purchaser, and maintenance of secrecy regarding
18 any such arrangements, are permissible if the
19 availability and prices of such services are pub-
20 lished and uniformly available to all data
21 purchasers;
22 (3) "Secretary" means the Secretary of
23 Commerce;
24 (4) "unenhanced data" means digital or minimal-
25 ly processed signals collected from civil land remote
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1 sensing satellites involving rectification of distortions,
2 registration with respect to features of the Earth, and
3 calibration of spectral response; the term does not in-
4 clude conclusions, manipulations, or calculations de-
5 rived from such signals or combination of the signals
6 with other data or information; and
7 (5) "United States private entity" means any cit-
8 izen of the United States or any nongovernmental
9 entity or consortium of entities, the majority of whose
10 assets is owned by citizens of the United States, the
11 majority of whose personnel is comprised of citizens of
12 the United States, and whose principal place of busi-
13 ness is in the United States.
14 TITLE II-OPERATION AND DATA MARKETING
15 OF LANDSAT SYSTEM
16 OPERATION
17 SEC. 201. (a) The Department of Commerce shall be
18 responsible for-
19 (1) the orbit and data collection of Landsat 4, and
20 disposition of Landsat 4 upon the termination of its
21 useful operation, as determined and published by the
22 Secretary;
23 (2) the orbit and data collection of Landsat 5, and
24 disposition of Landsat 5 upon the termination of its
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1 useful operation, as determined and published by the
2 Secretary;
3 (3) ground equipment and facilities which are
4 used to operate the Landsat system; and
5 (4) provision of data to foreign ground stations
6 under the terms of existing Memoranda of Understand-
7 ing between the United States Government and na-
8 tions that operate ground stations.
9 (b) The Department of Commerce may extend any such
10 Memoranda of Understanding if such extension provides for
11 their expiration upon the termination of the useful operation
12 of the Landsat system.
13 (c) The provisions of this section shall not prohibit the
14 Department of Commerce from continuing to contract for the
15 operation of the Landsat system, so long as the United States
16 Government retains-
17 (1) ownership of the system;
18 (2) ownership of the unenhanced data; and
19 (3) authority to make decisions concerning oper-
20 ation of the system.
21 MARKETING OF UNENHANCED DATA
22 SEC. 202. (a) In accordance with the requirements of
23 this title, the Secretary shall, to the extent provided in ad-
24 vance by appropriation Acts, by means of a competitive proc-
25 ess contract with a United States private entity for the mar-
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1 keting of unenhanced data collected by the Landsat system.
2 Any such contract shall provide that-
3 (1) the contractor may set the prices of unen-
4 hanced data products, if the products are always avail-
5 able to all potential users on a nondiscriminatory
6 basis;
7 (2) the contractor shall compensate the United
8 States Government for the right to sell the data by
9 payment of an initial fee, a percentage of data sales
10 receipts, or some combination of such fee and receipts;
11 (3) the contractor shall pay to the United States
12 Government the full purchase price of any unenhanced
13 data that the contractor elects to utilize for purposes
14 other than sale, in accordance with paragraph (4) of
15 this subsection;
16 (4) the contractor shall not engage in any sale of
17 processed data except in a manner consistent with ap-
18 plicable antitrust laws; and
19 (5) the Secretary has determined that such con-
20 tract is likely to result in cost savings for the United
21 States Government.
22 (b) Prior to entering into such a contract, the Secretary
23 shall publish the requirements of subsection (a) (1) through
24 (5) of this section, and the contract shall be subject to such
25 requirements.
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1 (c)(1) Any decision or proposed decision by the Secre-
2 tary to enter into any such contract shall be transmitted to
3 the Committee on Commerce, Science, and Transportation of
4 the Senate and the Committee on Science and Technology of
5 the House of Representatives for their review. No such deci-
6 sion or proposed decision shall be implemented unless (A) a
7 period of 30 days of continuous session of Congress has
8 passed after the receipt by each such committee of such trans-
9 mittal or (B) each such committee before the expiration of
10 such period has, by vote Of a majority of its members, agreed
11 to transmit and has transmitted to the Secretary written
12 notice to the effect that such committee has no objection to the
13 decision or proposed decision. As part of such transmittal, the
14 Secretary shall include the information specified in subsec-
15 tion (a)(1) through (5) of this section.
16 (2) For purposes of this section-
17 (A) continuity of session is broken only by
18 an adjournment sine die; and
19 (B) days on which either House is not in
20 session because of an adjournment of more than 5
21 days to a day certain are excluded in the compu-
22 tation of such period.
23 AWARDING OF THE CONTRACT
24 SEC. 203. (a) The Secretary shall award any such con-
25 tract on the basis of-
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1 (1) the financial return to the United States Gov-
2 ernment, based on any initial fee offered for marketing
3 rights and any percentage of data sales receipts offered
4 to the United States Government;
5 (2) the ability to expand the market for unen-
6 hanced land remote sensing data; and
7 (3) such other factors as the Secretary considers
8 appropriate.
9 (b) If, as a result of the competitive process required by
10 section 202(a) of this title, the Secretary receives no proposal
11 which the Secretary determines to be acceptable under the
12 provisions of this title, the Secretary shall so certify and fully
13 report such finding to the Congress. As soon as practicable
14 but not later than 30 days after so certifying and reporting,
15 the Secretary shall reopen the competitive process. The period
16 for the subsequent competitive process shall not exceed 120
17 days. If, after such subsequent competitive process, the Secre-
18 tary receives no proposal which the Secretary determines to
19 be acceptable under the provisions of this title, the Secretary
20 shall so certify and fully report such finding to the Congress.
21 In the event that no acceptable proposal is received, the Sec-
22 retary shall continue to market data from the Landsat
23 system.
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1 (c) Such contract may, in the discretion of the Secre-
2 tary, be combined with the contract required by title III of
3 this Act, pursuant to section 305(b) of this Act.
4 TITLE III-DATA CONTINUITY AFTER THE
5 LANDSAT SYSTEM
6 PURPOSE
7 SEC. 301. It is the purpose of this title to-
8 (1) provide for a transition from operation by the
9 Federal Government to private, commercial operation
10 of civil land remote sensing satellite systems;
11 (2) determine, with minimal risk during the pro-
12 posed transition period, whether wholly private oper-
13 ation of land remote sensing is in the best interests of
14 the United States;
15 (3) provide for the continuity of land remote sens-
16 ing satellite data after the termination of the operation
17 of the existing system, as described in title II of this
18 Act; and
19 (4) assure development of a land remote sensing
20 system that will result in cost savings for the United
21 States Government.
22 DATA CONTINUITY
23 SEC. 302. The Secretary shall evaluate proposals from
24 United States private entities for a contract for the develop-
25 ment and operation of a system capable of generating land
26 remote sensing data, and marketing such unenhanced data
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1 for a period of 6 years. Such evaluation and any solicitation
2 of proposals shall be conducted by means of a competitive
3 process. Such proposals, at a minimum, shall specify-
4 (1) the quantities and qualities of data expected
5 from the system;
6 (2) the projected date upon which operations could
7 begin;
8 (3) the number of satellites to be constructed and
9 their expected lifetimes;
10 (4) any need for Federal funding to develop the
11 system;
12 (5) any percentage of sales receipts offered to the
13 Federal Government;
14 (6) plans for expanding the market for land
15 remote sensing data; and
16 (7) the proposed relationship and procedures for
17 meeting the national security and international obliga-
18 tions of the United States.
19 NOTIFICATION REGARDING AWARDING OF THE CONTRACT
20 SEC. 303. (a) The Secretary shall evaluate the proposals
21 referred to in section 302 of this title and, to the extent pro-
22 vided in advance by appropriation Acts, may contract, in ac-
23 cordance with section 401 of this Act, with a United States
24 private entity for the provision by such entity of the capabil-
25 ity of generating land remote sensing data and marketing
26 such unenhanced data for a period of 6 years. As part of such
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1 evaluation, the Secretary shall analyze the expected outcome
2 of each proposal, in terms of-
3 (1) the availability of such data upon the expected
4 termination of the Landsat system;
5 (2) the quantities and qualities of data to be gen-
6 erated by the recommended system;
7 (3) the cost to the Federal Government of develop-
8 ing the recommended system;
9 (4) the potential to expand the market for data;
10 (5) any percentage of data sales offered to the
11 Federal Government, in accordance with section 304 of
12 this title;
13 (6) the contractor's ability to advance remote sens-
14 ing technology and maintain the technological leader-
15 ship of the United States in remote sensing;
16 (7) the commercial viability of the proposal;
17 (8) the technical competence and financial condi-
18 tion of the contractor;
19 (9) the proposed relationship and procedures for
20 satisfying the national security and international obli-
21 gations of the United States; and
22 (10) such other factors, including the marketing of
23 unenhanced data from the Landsat system, as the Sec-
24 retary deems appropriate and relevant.
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1 (b) (1) Any decision or proposed decision by the Secre-
2 tary to enter into any such contract shall be transmitted to
3 the Committee on Commerce, Science, and Transportation of
4 the Senate and the Committee on Science and Technology of
5 the House of Representatives for their review. No such deci-
6 sion or proposed decision shall be implemented unless (A) a
7 period of 30 days of continuous session of Congress has
8 passed after the receipt by each such committee Of such trans-
9 mittal or (B) each such Committee before the expiration of
10 such period has, by vote of a majority of its members, agreed
11 to transmit and has transmitted to the Secretary written
12 notice to the effect that such committee has no objection to the
13 decision or proposed decision. As part of such transmittal, the
14 Secretary shall include the information specified in subsec-
15 tion (a) (1) through (6) of this section.
16 (2) For purposes of this section-
17 (A) continuity of session is broken only by an ad-
18 journment sine die; and
19 (B) days on which either House is not in session
20 because of an adjournment of more than 5 days to a
21 day certain are excluded in the computation of such
22 period.
23 (c) If, as a result of the competitive process required by
24 subsection (a) of this section, the Secretary receives no pro-
25 posal which the Secretary determines to be acceptable under
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1 the provisions of this title, the Secretary shall so certify and
2 fully report such finding to the Congress. As soon as practi-
3 cable but not later than 30 days after so certifying and re-
4 porting, the Secretary shall reopen the competitive process.
5 The period for the subsequent competitive process shall not
6 exceed 180 days. If, after such subsequent competitive proc-
7 ess, the Secretary receives no proposal which the Secretary
8 determines to be acceptable under the provisions of this title,
9 the Secretary shall so certify and fully report such finding to
10 the Congress. Not earlier than 90 days after such certifica-
11 tion and report, the Secretary may assure data continuity by
12 procurement and operation by the Federal Government of the
13 necessary systems, to the extent provided in advance by ap-
14 propriation Acts.
15 MARKETING INCENTIVE
16 SEC. 304. In order to promote aggressive marketing of
17 land remote sensing data, any contract entered into pursuant
18 to this title may provide that the percentage of sales paid by
19 the contractor to the Federal Government shall decrease ac-
20 cording to stipulated increases in sales levels.
21 TERMS OF THE CONTRACT
22 SEC. 305. (a) Any contract entered into pursuant to
23 this title-
24 (1) shall provide that the contractor will offer to
25 sell and deliver unenhanced land remote sensing data
26 to all potential buyers on a nondiscriminatory basis;
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1 (2) shall provide that the contractor will engage in
2 any sale of processed data only in a manner consistent
3 with applicable antitrust laws;
4 (3) shall not provide a guarantee of purchases of
5 data by the Federal Government from the contractor;
6 (4) may provide that the contractor utilize, on a
7 space-available basis, civilian Government satellites as
8 platforms for a civil land remote sensing satellite
9 system, if-
10 (A) the contractor immediately reimburses
11 the Government for all related costs incurred with
12 respect to such utilization, including a reasonable
13 and proportionate share of fixed, spacecraft, data
14 transmission, and launch costs; and
15 (B) such utilization would not interfere with
16 or otherwise in any way compromise the intended
17 civilian Government missions, as determined by
18 the agency responsible for the civilian satellite;
19 and
20 (5) may provide indirect and direct financial sup-
21 port by the United States Government, including loans
22 and loan guarantees, payments pursuant to section 305
23 of the Federal Property and Administrative Services
24 Act of 1949 (41 U.S.C. 255) for a portion of the cap-
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1 ital costs required to provide the follow-on capability,
2 and other financial considerations.
3 (b)(1) Without regard to whether any contract entered
4 into under this title is combined with a contract under title II
5 of this Act, the Secretary shall promptly determine whether
6 the contract entered into under this title reasonably e f fectu-
7 ates the purposes and policies of title IL Such determination
8 shall be submitted to the President and the Congress, together
9 with a full statement of the basis for such determination.
10 (2) If the Secretary determines that such contract does
11 not reasonably effectuate the purposes and policies of title II
12 of this Act, the Secretary shall promptly attempt to carry out
13 the provisions of such title.
14 REPORT
15 SEC. 306. Within 2 years after the commencement of
16 operations of any system with respect to which a contract has
17 been entered into under this title, the Secretary shall report to
18 the Congress on the progress and feasibility of the transition
19 to total private financing, operation, and ownership of a land
20 remote sensing satellite system, together with any legislative
21 recommendations to accomplish such transition.
22 AUTHORIZATION OF APPROPRIATIONS
23 SEC. 307 There are authorized to be appropriated for
24 purposes of this title not to exceed $60, 000, 000 for fiscal year
25 1985. Such sums shall remain available until expended, but
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1 shall not become available until the time period specified in
2 section 303 (b) (1) (A) or (B), as appropriate, has expired.
3 TERMINATION OF AUTHORITY
4 SEC. 308. The authority granted by this title shall ter-
5 minate 10 years after the date of enactment of this Act.
6 TITLE IV-PRIVATE LAND REMOTE SENSING
7 SYSTEMS
8 GENERAL AUTHORITY
9 SEC. 401. (a) In consultation with other appropriate
10 Federal agencies, the Secretary shall license qualified United
11 States private entities to operate civil land remote sensing
12 satellite systems for such period as the Secretary may specify
13 and in accordance with the provisions of this title.
14 (b) No license shall be granted by the Secretary unless
15 the Secretary determines in writing that the applicant will
16 comply with the requirements of this Act, any regulations
17 issued pursuant to this Act, and will meet applicable interna-
18 tional obligations and national security concerns of the
19 United States.
20 CONDITIONS FOR OPERATION
21 SEC. 402. (a) No private sector party or consortium
22 may operate any civil land remote sensing system which is
23 subject to the jurisdiction or control of the United States
24 without obtaining a license pursuant to section 401 of this
25 title.
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1 (b) Any license issued pursuant to this title shall speci-
2 f y, at a minimum, that the licensee shall-
3 (1) make available data generated by the system
4 to all potential users on a nondiscriminatory basis;
5 (2) upon termination of its operations under the
6 license, make disposition of any satellites in space in a
7 manner satisfactory to the President;
8 (3) promptly make available to the Secretary all
9 data generated by the system, pursuant to title VI of
10 this Act;
11 (4) furnish the Secretary with complete orbit and
12 data collection characteristics of the system, obtain ad-
13 vance approval of any intended deviation from such
14 characteristics, and inform the Secretary immediately
15 of any unintended deviation;
16 (5) obtain advance approval from the Secretary of
17 any agreement it intends to enter with a foreign
18 nation, entity or consortium involving foreign nations
19 or entities;
20 (6) operate the system in a manner that is con-
21 sistent with international law;
22 (7) permit the inspection of its facilities and fi-
23 nancial records;
24 (8) surrender the license and terminate operations
25 upon a finding by the Secretary that continued oper-
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1 ations would be detrimental to the national interest;
2 and
3 (9) not engage in any sale of processed data
4 except in a manner consistent with applicable antitrust
5 laws.
6 RESPONSIBILITIES OF THE SECRETARY
7 SEC. 403. The Secretary, in consultation with appro-
8 priate Federal agencies, shall be responsible for protection of
9 national security interests and adherence to international ob-
10 ligation of the United States which are relevant to operation
11 of private land remote sensing satellite systems, including-
12 (1) responsibility for all land remote sensing ac-
13 tivities of nongovernmental entities of the United
14 States;
15 (2) liability for damage caused by space objects
16 under registration or license by the Federal Govern-
17 ment; and
18 (3) registration with appropriate international au-
19 thorities of all objects launched into space by nongov-
20 ernmental entities of the United States.
21 AUTHORITY OF THE SECRETARY
22 SEC. 404. In order to carry out the responsibilities
23 specified in this title, the Secretary may-
24 (1) inspect the facilities or financial records of
25 any licensee under this title; and
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1 (2) provide, within the licenses or regulations
2 issued, for penalties for noncompliance with the re-
3 quirements of such licenses or regulations issued under
4 section 405 of this title, including termination, modi f i-
5 cation or suspension of a license and civil penalties not
6 to exceed $10, 000.
7 Each day of operation in violation of such licenses or regula-
8 tions shall constitute a separate violation.
9 REGULATORY AUTHORITY OF THE SECRETARY
10 SEC. 405. The Secretary may issue regulations to
11 carry out the provisions of this title. Such regulations shall
12 be promulgated only after public notice and comment in ac-
13 cordance with the provisions of section 553 of title 5, United
14 States Code.
15 AGENCY ACTIVITIES
16 SEC. 406. (a) A private sector party may apply for a
17 license to operate a civil land remote sensing system which
18 utilizes, on a space available basis, a civilian United States
19 Government satellite or vehicle as a platform for such system.
20 The Secretary, pursuant to the authorities of this title, may
21 license such system if it meets all conditions of this title
22 and-
23 (1) the system operator immediately reimburses
24 the Government for all related costs incurred with re-
25 spect to such utilization, including a reasonable and
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1 proportionate share of fixed, spacecraft, data transmis-
2 sion, and launch costs; and
3 (2) such utilization would not interfere with or
4 otherwise in any way compromise intended civilian
5 Government missions, as determined by the agency re-
6 sponsible for such civilian satellite.
7 (b) The Secretary may offer assistance to private sector
8 parties in finding appropriate opportunities for such
9 utilization.
10 (c) To the extent provided in advance by appropriation
11 Acts, any Federal agency may enter into agreements for such
12 utilization if such agreements are consistent with such agen-
13 cy's mission and statutory authority, and if such remote
14 sensing system is licensed by the Secretary.
15 (d) The provisions of this title shall not apply to any
16 activity carried out by the National Aeronautics and Space
17 Administration pursuant to its authority under title IV of the
18 National Aeronautics and Space Act of 1958 (42 U.S.C.
19 2481 et seq.).
20 (e) Nothing in this section shall affect the authority of
21 the Federal Communications Commission to assign radio
22 frequencies pursuant to the Communications Act of 1934 (47
23 U. S. C. 151 et seq.).
24 TERMINATION
25 SEc. 407. The authority granted by this title shall ter-
26 minate 20 years after the date of enactment of this Act if no
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1 private sector party or consortium has been licensed and con-
2 tinues in operation under the provisions of this title.
3 TITLE V-CONTINUED REMOTE SENSING
4 RESEARCH AND DEVELOPMENT
5 FEDERAL RESEARCH AND DEVELOPMENT
6 SEC. 501. (a) In order to preserve the worldwide leader-
7 ship of the United States in remote sensing technologies and
8 applications, the Administrator of the National Aeronautics
9 and Space Administration is-
10 (1) directed to continue and to enhance remote
11 sensing research and development activities, and is en-
12 couraged to conduct experimental remote sensing pro-
13 grams and to develop remote sensing technologies in
14 support of its mission; and
15 (2) authorized and encouraged to-
16 (A) conduct such research and development
17 in cooperation with other public and private re-
18 search entities, including private industry, univer-
19 sities, other Federal agencies, State and local gov-
20 ernments, foreign governments and international
21 organizations; and
22 (B) enter into arrangements (including joint
23 ventures and cooperative agreements) which will
24 foster cooperation and advance the state-of-the-art
25 of remote sensing technologies.
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1 (b) In order to preserve the worldwide leadership of the
2 United States in remote sensing technologies and applica-
3 tions, the Secretary, the Secretary of the Interior and the
4 Secretary of Agriculture-
5 (1) shall continue research in applications of
6 remote sensing data, monitoring of the Earth and its
7 environment, and the development of technologies for
8 such monitoring; and
9 (2) are authorized and encouraged to-
10 (A) conduct such research and development
11 in cooperation with other public and private re-
12 search entities, including private industry, univer-
13 sities, other Federal agencies, State and local gov-
14 ernments, foreign governments and international
15 organizations; and
16 (B) enter into arrangements (including joint
17 ventures and cooperative agreements) which will
18 foster cooperation, advance the applications of
19 remote sensing, and enhance monitoring activities
20 and technologies.
21 (c) In order to preserve the worldwide leadership of the
22 United States in remote sensing technologies and applica-
23 tions, other Federal agencies are encouraged to conduct re-
24 search and development programs in remote sensing if such
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1 programs are consistent with the authorized missions of such
2 agencies.
3 USE OF EXPERIMENTAL DATA
4 SEC. 502. Data gathered in Federal experimental land
5 remote sensing programs may be used in related research and
6 development programs funded by the Federal Government,
7 including applications programs, but not for commercial uses
8 or in competition with private sector activities, except as per-
9 mitted by section 503 of this title.
10 SALE OF EXPERIMENTAL DATA
11 SEC. 503. Data gathered in Federal experimental land
12 remote sensing programs may, by means of a competitive
13 process, be sold en bloc (consistent with national security in-
14 terests and international obligations of the United States) to
15 any United States entity which will market the data on a
16 nondiscriminatory basis.
17 TITLE VI-GENERAL PROVISIONS
18 NONDISCRIMINATORY AVAILABILITY OF DATA
19 SEC. 601. (a) Unenhanced land remote sensing satellite
20 data generated by any system operator under the provisions
21 of this Act shall be made available to all users on a nondis-
22 criminatory basis, in accordance with the requirements of
23 this Act.
24 (b) For purposes of this title, the term "system operator"
25 means a contractor under title II or III or a licensee under
26 title IV of this Act.
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1 (c) Any system operator shall make publicly available
2 the prices, policies, procedures and other terms and condi-
3 tions (but not the names of buyers or their purchasers) upon
4 which the operator will sell such data.
5 ARCHIVING OF DATA
6 SEC. 602. (a) It is in the public interest for the United
7 States Government to-
8 (1) maintain an archive of remote sensing satellite
9 data for historical, scientific and technical purposes,
10 including long-term global environmental monitoring;
11 (2) control the content and scope of the archive;
12 and
13 (3) assure the quality and continuity of the ar-
14 chive.
15 (b) The Secretary shall provide for long term storage,
16 maintenance and upgrading of a basic, global, land remote
17 sensing data set (hereinafter referred to as the "basic data
18 set') and shall follow reasonable archival practices to assure
19 proper storage and preservation of the basic data set and
20 timely access for parties requesting data. The basic data set
21 which the Secretary assembles in the Government archive
22 shall remain distinct from any inventory of data which a
23 system operator may maintain for sales and for other pur-
24 poses.
25 (c) In determining the initial content Of, or in upgrad-
26 ing, the basic data set, the Secretary shall-
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1 (1) use as a baseline the data currently archived;
2 (2) take into account future technical and scientif-
3 is developments and needs;
4 (3) consult with and seek the advice of users and
5 producers of remote sensing data and data products;
6 (4) consider the public's need for data which may
7 be duplicative in terms of geographical coverage but
8 which differ in terms of season, spectral bands, resolu-
9 tion, or other relevant factors;
10 (5) include, as the Secretary considers appropri-
11 ate, unenhanced remote sensing data generated either
12 by the Landsat system, pursuant to title III, or by
13 licensees under title IV of this Act; and
14 (6) include, as the Secretary considers appropri-
15 ate, data collected by foreign ground stations or by for-
16 eign remote sensing satellite systems.
17 (d) All original data (or copies of such data) shall, on
18 request, be made promptly available to the Secretary by any
19 system operator in a form suitable for processing for data
20 storage, maintenance and access. The Secretary may (subject
21 to the availability of appropriations) pay to such system oper-
22 ator reasonable costs for reproduction and transmittal of any
23 such data.
24 (e) Any system operator shall have the exclusive right to
25 sell all data that the operator provides to the United States
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1 remote sensing data archive for a period to be determined by
2 the Secretary, but not to exceed 10 years from the date the
3 data are sensed. In the case of data generated from the Land-
4 sat system prior to the implementation of the contract de-
5 scribed in section 202(a) of this Act, any contractor selected
6 pursuant to section 202 shall have the exclusive right to
7 market such data on behalf of the United States Government
8 for the duration of such contract. A system operator may re-
9 linquish the operator's exclusive right and consent to distri-
10 bution from the archive before the period of exclusive right
11 has expired by terminating the offer to sell particular data.
12 (f) After expiration of such exclusive right to sell, or
13 after relinquishment of such right, the data provided to the
14 United States remote sensing data archive shall be in the
15 public domain and shall be made available to requesting par-
16 ties by the Secretary at prices reflecting reasonable costs of
17 reproduction and transmittal.
18 (g) In carrying out the functions of this section, the Sec-
19 retary shall, to the extent practicable and as provided in
20 advance by appropriation Acts, use existing Government
21 facilities.
22 NONREPROD UCTION
23 SEc. 603. Unenhanced land remote sensing data gener-
24 ated by any system operator under the provisions of this Act
25 may be sold on the condition that such data shall not be re-
26 produced and disseminated by the purchaser.
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1 REIMBURSEMENT FOR ASSISTANCE
2 SEC. 604. The Administrator of the National Aeronau-
3 tics and Space Administration, the Secretary of Defense and
4 the heads of other Federal agencies may provide assistance to
5 operators of remote sensing systems under the provisions of
6 this Act. Substantial assistance shall be reimbursed by the
7 operator, except as otherwise provided by law.
8 ACQUISITION OF EQUIPMENT
9 SEC. 605. The Secretary may, by means of a competi-
10 tive process, allow a licensee under section 401 of this Act or
11 any other private party to buy, lease, or otherwise acquire the
12 use of equipment from the Landsat system, when such equip-
13 ment is no longer needed for the operation of such system or
14 for the sale of data from such system. Officials of other Fed-
15 eral civilian agencies are authorized and encouraged to coop-
16 erate with the Secretary in carrying out the provisions of this
17 section.
18 RADIO FREQUENCY ALLOCATION
19 SEC. 606. (a) Within 120 days after the date of enact-
20 ment of this Act, the Federal Communications Commission
21 shall determine. the frequencies for use by United States
22 Landsat and commercial land remote sensing satellite sys-
23 tems. In making such determination, the Federal Communi-
24 cations Commission shall seek the comments of the Secretary
25 or the Secretary's designated representative.
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1 (b) It is the intent of Congress that the Federal Commu-
2 nications Commission allocate to any licensee under title IV
3 of this Act access to Government radio frequencies and other
4 civil radio frequencies appropriate for land remote sensing
5 within 120 days of the receipt of an application for such
6 access. If final action has not occurred within 120 days of
7 the receipt of such an application, the Federal Communica-
8 tions Commission shall inform the applicant of any pending
9 issues and of actions required to resolve them.
10 (c) The Federal Communications Commission shall
11 without prejudice permit the development and construction of
12 any United States land remote sensing system (or component
13 thereof) while any frequency determination is being made.
14 (d) Frequency allocations made pursuant to this section
15 by the Federal Communications Commission shall be con-
16 sistent with international obligations and with the public
17 interest.
18 CONSULTATION
19 SEC. 607. (a) The Secretary shall consult with the Sec-
20 retary of Defense on all matters under this Act affecting na-
21 tional security. The Secretary of Defense shall be responsible
22 for identifying and notifying the Secretary of those national
23 security concerns of the United States which are relevant to
24 activities under this Act.
25 (b) The Secretary shall consult with the Secretary of
26 State on all international matters arising under this Act. The
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1 Secretary of State shall be responsible for identifying and
2 notifying the Secretary of those international obligations and
3 commitments of the United States which are relevant to ac-
4 tivities under this Act.
5 (c) Appropriate Federal agencies are authorized and en-
6 couraged to provide remote sensing technology and training to
7 developing nations as components of programs of internation-
8 al aid.
9 (d) If, as a result of conditions imposed on a system
10 operator based on national security or international obliga-
11 tions or policies, the Secretary (in consultation with the Sec-
12 retary of Defense or the Secretary of State, as appropriate)
13 determines that additional or development costs will be in-
14 curred by such system operator, the Secretary may require
15 any agency requesting the imposition of such conditions to
16 reimburse the system operator for such costs, excluding an-
17 ticipated profits.
18 AMENDMENT TO THE NATIONAL AERONAUTICS AND
19 SPACE ADMINISTRATION AUTHORIZATION ACT, 1983
20 SEC. 608. Subsection (a) of section 201 of the National
21 Aeronautics and Space Administration Authorization Act,
22 1983 (Public Law 97-324; 96 Stat. 1601) is amended to
23 read as follows:
24 "(a) The Secretary of Commerce is authorized to plan
25 and provide for the management and operation of civil remote
26 sensing satellite systems, which may include the Landsat 4
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1 and 5 satellites and associated ground system equipment
2 transferred from the National Aeronautics and Space Ad-
3 ministration; to provide for user fees; and to plan for the
4 transfer of the operation of civil remote sensing satellite sys-
5 terns to the private sector when in the national interest. ".
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