DEFENSE AND STATE PROPOSED REPORTS ON H.R. 4836/LAND REMOTE-SENSING COMMERCIALIZATION ACT OF 1984 (N.B. HEARINGS ON H.R. 4836 HAVE BEEN SCHEDULED BY THE HOUSE SCIENCE AND TECHNOLOGY COMMITTEE FOR MARCH 6 1984

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01370R001101520032-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 21, 2016
• Document Release Date: October 24, 2008
• Sequence Number: 32
• Publication Date: February 22, 1984
• Content Type: MEMO

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OLL 84-0952
Office of Legislative Liaison
Routing Slip
Date
STAT
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EXECUTIVE OFFICE- OF THE PRESIDENT
OFFICE OF MANAGEMENT AND' BUDGET
WASHINGTON,
D.C./?2D903
February 22, 1984
ULL H
U9s~
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer
Department of the Interior Department of Transportation
Department of Oomrnerce
Office of Science and Technology Policy
Department of Defense
Federal Communications Commission
General Services Administration
Department of Justice
Department of State
Dgpli=mt of Agriculture
e,oebntral Intelligence Agency
National Aeronautics and Space Administration
National Security Council
SUBJECT: Defense and State proposed reports on H.R. 4836/land Remote-Sensing
Commercialization Act of 1984 (N.B. Hearings on H.R. 4836 have been
scheduled by the House ' Science and Technology CQamnittee ' for .March -6, 1984
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
Please provide us with your views no later than
C O B F R I I I k Y , I I H 3, 1984. ORAL CommENT'S AFB AO EPTABLE .
Direct your questions to William A. Maxwell (3953890), the
legislative analyst in this office. -,
N.B. YQASA 'REPORT 'CN 'H.R: '4836 'A4SO 'I UDID
James/'C. -Mtp'r/for
Assistant Director for
Legislative Reference
Enclosures
cc: S. Gudes T. Sprehe J. Struthers B. Hughes
D. Taft A. Donahue P. Szervo
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WASHINGION. THE DIST RICT OF COLUMBIA
Honorable James H. Scheuer
Chairman, Subcommittee on Natural
Resources, Agriculture Research
and Environment
Committee on Science and Technology
House of Representatives
Washington, D. C. 20515
Dear Mr. Chairman:
Thank you for the opportunity to review and comment on
H.R. 4836, "Land Remote-Sensing Commercialization Act of
1984."
H.R. 4836 will achieve the purposes it is intended to
satisfy, and with minor exceptions I concur with this legisla-
tion as it is written. Suggested changes are enclosed.
Again, I appreciate the opportunity to comment on this
important and pertinent matter.
Sincerely,
Enclosure
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Comments on H.R. 4836
1. Page 30, Sec 604.
Para (a), line 6: Add the following sentence: Reimbursements
for such assistance under the provisions of this Act shall be
credited to the appropriations against which charges have been
made for providing such assistance.
Rationale: The intention is to ensure that the agency which
provides the assistance is credited with the amount of the
reimbursement for such assistance.
Page 31, Sec 606.
Para (a), line 4: Add the following sentence: The Secretary
of Defense shall determine those conditions necessary to
impose on any system operator to meet national security
concerns of the United States.
Para (b) (1), line 10: Add the following sentence: The
Secretary of State shall determine those conditions necessary
to impose on any system operator to meet international
obligations of the United States.
Para (c)(1), line 15: Delete entire paragraph.
Rationale: . To explicitly state that the Secretary of Defense..
and Secretary of State are responsible for establishing
conditions concerning national security and international
obligations, respectively.
Pages 31 and 32, Sec 606, para (c) (2)
Page 31, line 22: Between the words "Secretary" and
"determine" insert "in confuState~naswith
thetcaseemaytbey"of
of
Defense or the Secretary
Page 31, lines 23 and 24: Replace the phrase "...investments
will be lost to..." with "that past development costs, "
including the cost of capital, will not be recovered by.
Page-32, lines 1 and 2: After the word "such" change the
sentence to read "costs, excluding anticipated profits."
Rationale: To eliminate any ambiguity concerning the use of
the word "investment" and to eliminate any suggestion thatits
reimbursement could include an amount for anticipated prof
since anticipated market revenues are too speculative for
reasonable determination.
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unitea Mates liepartment of State
Washington. D. C. 20520
Dear Mr. Chairman:
This letter is in response to your request for Department
of State comments on HR 4836 "To establish a system to promote
the use of land remote-sensing satellite data, and for other
purposes." The Bill would guide the United States Government
in promoting full, prompt, and proper involvement of the
private sector in civil land remote-sensing from space:.-
The Department of State recommends that this Bill be
enacted only if the following modifications to Section 606 are
made:
-- -- Section 606 (A) add the following sentence at the
close: "The Secretary of Defense shall determine those
conditions necessary to impose on any system operator to meet
the national security concerns of the United States;"
-- -- Section 606 (B) (1) add the following sentence at
the close: "The Secretary of State shall determine those
conditions necessary to impose on any system operator to meet
the international obligations and foreign policy concerns of
the United States;"
-- -- Section 606 (C) (1) delete;
-- -- Section 606 (C) (2) change to read as follows:
"Should the Secretary determine during the lifetime of any
agreement made between the Government and private operator(s)
arising from this act that a modification of the agreement is
required to meet conditions newly imposed by national security
and/or foreign policy the Secretary shall obtain the
The Honorable
James Scheuer, Chairman,
Subcommittee on Natural Resources,
Agricultural Research and Environment,
House of Representatives.
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concurrence of the Secretaries of Defense and/or State in
determining whether, and to what extent, a reimbursement to a
private operator for losses incurred is warranted."
We believe the above changes are required for the
following'reasons. The addition of language to Sections 606
(A) and (B) (1) setting forth the roles of the Secretaries of
Defense and State respectively will clarify their authority and
positions within the decision-making process. Section 606 (C)
(1) should be deleted because, if enacted, it would withdrw
.from the Secretaries of State and Defense their fundamental
authority to make basic policy regarding national security and
international relations. Sections 606 (A) and (B) (1) and-(2),,
with the additions suggested above, clearly and fully 9'6't`fort'tr
the authorities of the Secretaries of Defense and State in the
promotion of land remote sensing satellite and data use, as
well as their proper and appropriate relationship in this
matter to the Secretary of Commerce. Should it be determined
that Section 606 (C) (1) must be retained, we would accept a
change of text to read as follows: 'The Secretary, in
consultation with the Secretary of Defense and the Secretary of
State, is authorized to determine reasonable and appropriate
action on any system operator as described in Section 401 when
national security concerns or international obligations are not
met'.
Section 606 (C) (2) must be revised because, if enacted as
is, it would required that if the Secretary of Commerce so
determined, the Departments of Defense and State would be
compelled to reimburse a private operator for any burdens
imposed by the Government in fulfillment of its
constitutionally-mandated responsibilities to enure the
national security and to make foreign policy. Section 606 (C)
(2), as written, also suggests that in an indirect fashion, a
private entity operating the nation's land remote-sensing
system could have a kind of veto over both the national
security and foreign policy of this country. It also seems to
grant the Secretary of Commerce authorities and
responsibilities historically exercised by the Departments of
State and Defense.
The Office of Management and Budget advises that from the
standpoint of the Administration's program there is no
objection to the submission of this report.
Sincerely,
W. Tapley Bennett, Jr.
Assistant Secretary
Legislative and Intergovernmental Affairs
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