CONGRESSIONAL RECORD - HOUSE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP05T02051R000200370008-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 22, 2016
• Document Release Date: August 18, 2011
• Sequence Number: 8
• Publication Date: April 9, 1984
• Content Type: MISC

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April 9, 1983 CONGRESSIONAL RECORD - HOUSE
Mr. CRAIG. Mr. Speaker, this past
weekend, former Idaho Senator Frank
Church passed away after a long ill-
ness. He served the State of Idaho and
the Nation for 24 years in the U.S.
Senate.
It would he Inappropriate for me to
extol the political stewardship of Sen-
ator Church because we held few
philosophical beliefs in common. Even
so, I, Idaho, and the Nation mourn his
passing because he was a man and a
political leader of deep commitment
and a sincere, personal resolve to pur-
suing policies he felt were in the best
interest of this Nation.
REPORT ON RESOLUTION DI-
RECTING SECRETARY OF
STATE TO PROVIDE INFOI IA-
TION CONCERNING DEATH
SQUADS IN EL SALVADOR
Mr. KOSTMAYER, from the Com-
mittee on Foreign Affairs, submitted a
privileged report (Rept. No. 98-658) on
the resolution (H. Res. 463) directing
the Secretary of State to provide cer-
tair1 information to- the House of Rep-
resentatives concerning death squads
in El Salvador, which was referred to
the House Calendar and ordered to be
printed.
""- He 'vvas s man of unique ability who
MEMORIAL SERVICE TO BE
established a lofty goal In his political HELD FOR SENATOR FRANK
life of becoming chairman of the CHURCH. - Senate- Foreign' Relations Committee ..._ ..._. _~ __.. .
and achieved It; who believed strongly
about the conduct of American foreign
policy and courageously fought for
those beliefs despite the political con-
sequences. One need not agree with
those positions to admire and respect
that integrity and honesty.
Many Members of Congress will
come and go, but few will carve out of
their tenures a place in history. Those
that do, usually have done so out of
their strength of commitment and
statesmanship. The passing of Frank
Church is the passing of one of those
men.
The greatest strength of the Ameri-
can political experiment is the toler-
ance, integrity, and intensity of its de-
liberative process, where men and
women of divergent positions seek to
implement policies that will steer the
country toward a peaceful, prosperous,
and free future. Positions on the spe-
cific issues at the time defines the
politician participants in that process,
but history and force of personal com-
mitment to the process define states-
men.
This weekend, the Nation lost a
statesman. And whether you agreed or
disagreed with the late Senator
Church's political positions, he carried
those beliefs to the deliberative proc-
ess with that strength of character.
I join with others in extending my
condolences to the Church family.
REPORT ON RESOLUTION DI-
RECTING SECRETARY OF
STATE TO PROVIDE INFORMA-
TION CONCERNING SLAYING
OF AMERICAN CHURCHWOMEN
IN EL SALVADOR
Mr. KOSTMAYER, from the Com-
mittee on Foreign Affairs, submitted a
privileged report (Rept. No. 98-657) on
the resolution (H. Res. 464) directing
the Secretary of State to provide cer-
tain information to the House of Rep-
resentatives concerning the 1980
slayings of four American churchwo-
men in El Salvador, which was re-
ferred to the House Calendar and or-
dered to be printed.
permission to address the House for 1
minute.)
Mr. WRIGHT. Mr. Speaker, I should
like to announce for all who may wish
to attend that a memorial service will
be held at 11 o'clock tomorrow morn-
ing at the Washington National Ca-
thedral in honor of the late Senator
Frank Church. Frank Church's exam-
ple combined the starkly independent
judgments of an honest man with the
warm, outgoing good 'will of an inher-
ently kind human being.
At a time when there are disagree-
ments, candid and profound, on inter-
national issues, it may be that we can
draw from his inspiration to create a
few basic principles which will allow
us to be more bipartisan in our spirits
if not always in our judgments and,
when we disagree, to do so with suffi-
cient grace that we shall not be dis-
agreeable.
Those who would join in honoring
the memory of Frank Church are In-
vited to attend the observance in the
cathedral at 11- o'clock tomorrow.
0 1230
ANNOUNCEMENT BY THE
SPEAKER
The SPEAKER. Pursuant to the
provisions of clause 5, rule I, the Chair
announces that he will postpone fur-
ther proceedings today on each motion
to suspend the rules on which a re-
corded vote or the yeas and nays are
ordered, or on which the vote is ob-
jected to under clause 4 of rule XV.
Such rollcall votes, if postponed, will
be taken at the end of the legislative
business on Tuesday, April 10, 1984.
PERMISSION FOR COMMITTEE
ON WAYS AND MEANS TO FILE
REPORT ON H.R. 5362
&&. MILLER of California. Mr.
Speaker, on behalf of the chairman of
the Committee on Ways and Means. I
ask unanimous consent that the Com-
miUee on Ways and Means have until
6 pin. tonight, Monday, April 9, 1984,
to me its report to accompany the bill,
H.R. 5362.
Mr. Speaker, It is my understanding
that this has been c'cared with the nii-
nority members of the comrr.ittee.
The SPEAKER. Is there objection
to the request of the gentleman from
California?
Mr. WORTLEY. Mr. Speaker, re-
serving the right to object, there is no
objection. We have received assur-
ances that the cost estimates to ac-
company the bill, prepared by the
Congressional Budget Office, will be
included in that report and, therefore,
we have no objection.
Mr. Speaker, I withdraw my reserva-
tion of objection.
-The SPEAKER. Is there objection
to the request of the gentleman from
California?
--There was no objection.
Mr. VOLKMER. Mr. pea er, I
move to suspend the rules and pass
the bill (H.R: 5155) to establish a
system to promote the use of land
remote-sensing satellite data, and for
other purposes.
The Clerk read as follows:
H.R. 5155
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled. That this
Act may be cited as the "Land Remote-Sens-
ing Commercialization Act of 1984".
TITLE I-DECLARATION OF FINDINGS,
PURPOSES, AND POLICIES
FINDINGS
Ssc. 101. The Congress finds and declares
that-
(1) the continuous civilian collection and
utilization of land remote-sensing data from
space is of major benefit in managing the
Earth's natural resources and in planning or
conducting many other activities of econom-
ic importance;
(2) the national' interest of the United
States lies In maintaining International
leadership in civil remote-sensing and in
broadly promoting the beneficial use of
remote-sensing data;
(3) land remote-sensing by the Govern- 1r
ment or private parties of the United Statea
affects international commitments and poll-
des and national security concerns of the
United States;
(4) the broadest and most beneficial use of
land remote-sensing data is likely to result
from maintaining a pow of nondiscrimina-
tory access to data;
(5) use of land remote-sensing data has
been Inhibited by slow market development
and by the lack of assurance of data con-
tinuity;
(6) the private sector, and in particular
the "value-added" industry, is best suited to
develop land remote-sensing data markets;
(7) vigorous, competitive, market-driven
private sector involvement In land remote
sensing can lead to rapid realization of the
potential benefits of that technology;
(8) to utilize fully the strengths of the pri-
vate sector. any process of commercializa-
tion of land remote-sensing should Involve
the maximum practicable competition and
the minimum (both in duration and
amount) practicable Government subsidy;
(9) at the present time, it is unclear that
the private sector alone will develop a total
land remote-sensing system because of the
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ernm"nt and the private sector 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) cooperation between Government and
the private sector in civil land remote-scns-
ing :.hould be structured so as to minimize
Government direction and regulation and
maximize private sector involvement;
(13) nevertheless, certain Government
oversight must be maintained to assure that
private sector activities are in the national
interest and that the International commit-
ments and policies of the United States are
honored; and
s
(14) there is no compelling reason o corn _ mercialize _meteorological _satellites at this other provision of this paragraph. tractor shall be entitled to revenues from
time. (C) The sale of data on a -nondiscrlmina- gales of -copies -of, data -from-the- Landsat
PURPOSES tory basis does not require (I) that a system system, subject to the conditions specified
operator disclose names of buyers or their in sections 601 and 602 of this Act.
Sic. 102. It is therefore the purpose of purchases; (ii) that a system operator main- (b) The contractor may continue to
this Act- tain all, or any particular subset of, data In market data previously generated by the
(1) to guide the United States Govern- a working inventory; or (iii) that a system IAndaat system after the demise of the
ment in promoting full, prompt, and proper operator expend equal effort In developing space segment of that system.
involvement of the private sector in civil
land remote-sensing from space: all segments of a market. (4) The term "Landsat system" means CONDITIONS OF conerrlrlol. TON comrraAcr
(2) to maintain the United States leading Landsat 1
4. and 5, and related ground Svc. 203. (a) The Secretary of Commerce
2
3
,
,
,
position in civil remote-sensing, preserve Its equipment. systems, and facilities, and any shall, as part of his ve iseme r e
national security, and fulfill its intemat.ion- successor civil land remote-sensing satellites competition for the contract authorized by
a] obligations: operated by the United States Government section 201, ideen fyand publish the inter-
(3) to prescribe conditions for assuring prior to-the commencement of the six-year national oblf-atlons national securit con-
continuity of civil land remote-sensing data fined described In section 302(bX2). tarns w aDDroD
while protecting public and private nondis- (5) The term "system operator" means a
crinilnatory access to these data. contractor under title II or a license holder
(4) to minimize the duration and amount under title IV.
of any further Federal investment that TITLE II-CONTRACT FOR EXISTING
might be necessary to achieve full commer- LAND REMOTE-SENSING SATELLITE
cialization of civil land remote-sensing: and SYSTEM
(5) to prohibit commercialization of mete-
orological satellites at this time. CONTRACT RLADIRLNENTS
Svc. 201. (a) In accordance with the re-
(b) In selecting a contractor under this
title, the Secretary shall consider-
(1) ability to market aggressively digital
remote-sensing data;
POLICIES
Svc. 103. (a) It shall be the policy of the yulrement of this Act, the Secretary shall. (2) the best overall financial return W the
United States to preserve its right to ac- subject to the availability of appropriations Government. including the potential savings
quire and disseminate digital remote-sensing therefor. contract with a United States pri- to the Government;
data. vate sector party (as defined by the Secre- (3) ability to meet the obligations, con-
(b) It shall be the policy of the United tary) to market digital remote-sensing data cerns. standards, and conditions identified
States that civilian (3iifal remote-sensing generated by the Landsat system. If the under subsection (a);
potential users Secretary determines that competition for (4)
cal competence, including the
techni
data be made avat a A al
t sill romote the policies and
t
h
1c) it s a the policy of the United
Stateg both to commercialize those space
1 1 d
th
t
4GRESSIONAL RECORD - HOUSE April 9, 1984
- con- s competitiom or if the secretary
r
v........,..- '--
livery, lorrnat, saran n w. o
slderations which would favor one buyer or decides not to reopen the competition, the
clams of buyers over another. Secretary shall so certify and fully report
f d^t is I* ?r(e on a nondis- his findings to the Congress. In the event
l
Th
e mi
e o
(13)
criminatory bass only ifmny offer to sell that no acceptable proposal is reserved, the
or deliver data published in advance in Secretary shall continue to operate the
data from
- - - - - ----t-
e
or changed any price, policy, procedure, or sector party" for purposes of subsection (a),
other term or condition in a manner which the Secretary may take into account the
gives one buyer or class of buyer de facto fa- citizenship of key personnel, location of
vored access to data: and (iii) in a case assets, foreign ownership, control, and inilu-
where a system operator offers volume dLs- ence, and other such factors.
counts, such discounts are no greater than ~L= OF DATA
the demonstrable reductions in the cost of
such sales. The sale of data on a nondiscri- Sec. 202. (a) The United States Govern-
minatory basis does not preclude the system ment shall retain title to any and all data
operator offering--discounts- other than - generated by the Landsat system. However.
f the
t
o
volume discounts to the extent that such after the date of the commencemen
counts are not Inconsistent with any contract described In section 201(a), the con-
di
rac
suc
con _ p. ability to assure continuity -and "timeliness
purposes of this Act, the Secretary may of data from the Iandsat system;
accept proposals for such contract which in-
clude the operation by such United States (5) absence of any conflicts of Interest
r
d
a
remote-sensing functions
proper y en private sector party of (1) the space compo-
themselves to private sector operation and nent of the Landsat system, (2) the related
to avoid competition by the Government ground equipment, systems, and facilities,
with such commercial operations, while e con-
- or (3) both such space component and such
tinning to preserve our national security, to related equipment, systems, and facilities.
honor our international obligations, and to (b) A contract awarded under subsection
retain in the Government those remote- (a) shall be awarded, after competition, in
sensing functions that are essentially of a accordance with the conditions of section
public service nature. 203. Such contract may be reawarded com-
)
M -K
which could inhibit non
access to such data;
(6) ability to effect a smooth transition
with the contractor selected under title III
of this Act; and
(7) such other factors as he deems appro-
priate.
DEFINITIONS petitively after the practical demise of the SFc. 204. (a) The contract under this title
Sec. 104. For purposes of this Act: space segment of the Iandsat system, as de- shall provide that the contractor shall act
(1) The term "digital remote-sensing data" termined by the Secretary. as the agent of the Secretary by continuing
means the unprocessed and minimally proc- (c) Any contract authorized by subsection to supply digital remote-sensing data to for-
eased signals collected from civil remote- (a)- eign ground stations for the life, and accord-
sensing space systems or original film prod- (1) shall not permit the transfer to any Ing to their terms, of those agreements be-
ucts collected from such systems. Such contractor of title to any part or all of the tween the United States Government and
minimal processing shall be limited to recti- Landsat system: and such foreign ground stations that are in
fication of instrumental distortions, regis- (2) may specify that the contractor use, force on the date of the commencement of
tration with respect to features on the and, at his own expense, maintain, repair, or the contract.
Earth, and calibration of spectral response. modify elements of the Landsat system as (b) Upon the expiration of such agree-
Such term does not include conclusions, ma- the contractor finds necessary for commer- ments or in the case of foreign ground sta-
nipulations, or calculations derived from cial operations tions that have no agreement with the
such signals or combination of the signals (d) If, as a result of the competitive pros- United States on the date of commencement
with other data or information. Unless oth- ess required by subsection (b), the Secretary of the contract, the contract shall provide-
provide-
erwise limited, digital remote-sensing data receives no proposal which he finds accept- that digital remote-sensing data from
from
Includes land and ocean sensed data. able under the conditions of this Act, the (1) t
(2) The term "Secretary" means the Sec- Secretary shall so certify and fully report the foreign Landsat hat digital r reign ground stations shall be only made a by the available
t con-
(3)(A) retary of Commerce. his findings to the Congress. Thirty days toacor, and
(3)(A) The term "on a nondiscriminatory after so certifying and reporting, the Secre-
basis" means without preference, bias, or tary may reopen the competition. If no ac- (2) that such data shall be made available
any other special arrangement regarding de- ceptable proposals are received after such on a nondiscriminatory bast.
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TITLE I11-PROVISION OF DATA CON- (A) the contractor Immediately reim- IV of this Act, to operate a civil remote-
TINUITY DURING TRANSITION burses the Government for all related costs sensing spare system.
PERIOD Incurred with respect to such ut.llization, in- PEroPT
Sec. 301. (a) It is the purpose of this
title-
(1) to provide. In an orderly manner and
with minimal risk, for a transition between
Government operation and private, coni-
rnercial operation of civil land remote-sens-
Ing space systems; and
(2) to provide for the continuity of MSS
data for six years after the practical demise
of the space segment of the Landsat systein.
(b) I''or purposes of this title-
(1) the term "Multi-Spectral Scanner"
means the instrument referred to by that
name and c rried on the Load-9 A and
- -Iandsat 5 satellites; and - - -remote-sensing data market;
(2) the term "MSS data" means digital (4) the contractor's ability to supplement SEC. 401. The Secretary is authorized,
remote-sensing data which, from the point baste capabilities specified in section 302(a) after consultation with other appropriate
of view of a data user, are- by adding remote-sensing capabilities (at Federal agencies, to grant, suspend, modify,
--- (A) functionally-equivalent-to-data-7rom-the -Contractor's expense and consistent- or-revoke licenses- under this -title,- snd-to--
the Multi-Spectral Scanner, and with national security concerns) which take any other such actions as he deems
ment used to receive and process data from
such Scanner.
CONTRACT FOR DATA AVAMIADILITT AND
CONTDR)ITY
Sac. 302. (a) Subject to the availability of
appropriations therefor and to the licensing
conditions established under title IV, the
Secretary shall, after competition, contract
with a United States private sector party (as
defined by the Secretary pursuant to sec-
tion 201) for the provision by such party of
the capability of generating data of a qual-
ity at least equal to the quality of MSS data
and of selling and delivering such data to
the Federal Government. The capability
shall include, at a minimum, the capability
to generate and deliver MSS data at the
annual volume of Federal usage during
fiscal year 1983, as determined by the Secre-
tary. The capability may be provided by the
contractor using whatever technologies the
contractor may select. In addition, the con-
tractor may make available data of a higher
quality or of a different type than MSS
data.
(b) The contract authorized by subsection
(a)-
(1) shall be entered into as soon as practi-
cable, allowing for-the competitive procure-
ment process;
(2) shall, in accordance with criteria deter-
mined and published by the Secretary, rea-
sonably assure the provision of the capabili-
ty described in subsection (a) for a period of
six years, beginning as soon as practicable In
order to minimize any Interruption of data
availability;
(3) shall terminate one year after the ex-
piration of the six-year period described in
paragraph (2):
(4) may, subject to section 305 of the Fed-
eral Property and Administrative Services
Act of 1949 (41 U.S.C. 255), provide for a
payment by the Secretary to cover a portion
of the capital cost of providing such capabil-
ity, which may be paid in Installments (A)
based on progress prior to the beginning of
the six-year period described in paragraph
(2), and (B) the sum of which shall be less
than the total cost of procuring the system
required to assure the capability for six
years;
(5) shall provide that sale of digital
remote-sensing data shall be in accordance
with the provisions of section 303 of this
title;
(8) shall not provide for any guaranteed
data purchases by the Federal Government.
and
(7) may provide that the contractor uti-
lize, on a space-available basis, civilian Gov-
ernment satellites as platforms for a civil
remote-sensing satellite system, if-
share of fixed, spacecraft, data transmis-
sion, and launch costs; and
(A) such utilization would not Interfere
with or otherwise in any way compromise
the intended civilian Government min tens,
as determined by the agency responsible for
the civilian satellite.
(c) The contract authorized by subsection
(a) shall be awarded on the basis of-
(1) tht cost to the Government of the pay-
ment under subsection (b)(4 J:
St:c. 304. Two years after the date of the
commtncement of the six-year period de-
scribed In section 302(b)(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-sunain g from space.
(2) the reliability, technical competence, TITLE IV-LICENSING OF PRIVATE
and financial condition of the contractor: REMOTE-SENSING SPACE SYSTEMS
maintain United States leadership in
remote-sensing;
(5) the contractor's ability to meet the
conditions for obtaining a license under title
IV:
(6) the contractor's ability to provide digi-
tal remote-sensing data on a timely and reli-
able basis;
(7) the contractor's ability to effect a
smooth transition with any contractor se-
lected under title II;
(8) the royalty or profit- or revenue-shar-
ing arrangement, or other such financial
consideration offered to the Federal Gov-
ernment; and
(9) such other factors as the Secretary
deems appropriate.
(d) If, as a result of the competitive proc-
ess required by subsection (a), the Secretary
receives no proposal which he finds accept-
able under the conditions of this Act, the
Secretary shall so certify and fully report
his findings to the Congress. Thirty days
after so certifying and reporting, the Secre-
tary may reopen the competition. If no ac-
ceptable proposals are received after such
subsequent competition, or if the Secretary
decides not to reopen the competition, the
Secretary shall so certify and fully report
his findings to the-Congress. Ninety days -
after so certifying and reporting, the Secre-
tary is authorized to assure MSS data con-
tinuity by procurement and operation by
the Federal Government of the necessary
systems, subject to the availability of appro-
priations therefor. Such procurement and
operation may include generation of data of
a higher quality than MSS data.
SALE Or DATA
Sae. 303. (a) The contractor selected under
section 302 shall sell data in accordance
with the provisions of sections 601 and 602
of this Act.
(b) Any sale of digital remote-sensing data
by the contractor to Federal agencies shall
be on a nondiscriminatory bass, with the
additional condition that at least 5 per
centum of the price of each such sale shall
be rebated to the Government (and thereby
reduce the total net cost to the Govern-
ment) as a royalty payment to the United
States Treasury. Such royalty payments
shall be required during the life of the con-
tract authorized in section 302, or until such
time as the cumulative total of such royalty
payments equals the value of any payment
made to the contractor by the Government
under section 302(bX4), whichever first
ooasrs. Data sales to non-Federal buyers
shay not be subject to such a rebate.
(c) After the six-year period described in
sectlm 302(bM2), the contractor may, con-
tinue to sell data and. If licensed tinder title
necessary in order to carry out the provi-
sions of this title.
CONDITIONS FOR OPERATION
SEC. 402. (a) No private sector party may
operate any remote-sensing space system
which is subject to the jurisdiction or con-
trol of the United States (as determined by
the Secretary) without a license pursuant to
section 403.
(b) Any license Issued pursuant to section
403 shall be subject to the following condi-
tions:
(1) The system shall be operated In such
manner as to preserve and promote the na-
tional security of the United States and to
observe and implement the international
obligations of the United States.
(2) Digital remote-sensing data shall be
made available to all potential users on a
nondiscriminatory basis.
(3) No license issued under this title shall
protect the licenseholder from fair competi-
tion from other licenseholders.
(4) Any private sector party proposing to
be licensed under section 403 shall agree, as
a condition for the receipt of such license,
that prior to disbanding or terminating op-
erations under the license, the licenseholder
will make disposition of any orbiting satel-
lites in i manner satisfactory to the Presi-
dent.
(5) Any private sector party proposing to
be licensed under section 403 shall agree, as
a condition for the receipt of such license,
to provide to the Secretary any data gener-
ated under such license which the Secretary
may request for the purpose of archiving
pursuant to section 602.
(6) For the purposes of ensuring compli-
ance with the provisions of this Act con-
cerning nondiscriminatory access to data,
any private sector party proposing to be li-
censed under section 403 shall agree, as a
condition for the receipt of such license-
(A) to notify the Secretary of any "value-
added" activities (as defined by the Secre-
tary by regulation) that will be conducted
by the licensee or by a subsidiary or affiliate
of the licensee; and
(B) to provide the Secretary with a plan
for the conduct of such activities which will
ensure compliance with such provisions con-
cerning nondiscriminatory access.
AUTHORITY OF THE SNCRLTARY
Soc. 403. (a) The Secretary is authorized
to license qualified private sector parties to
operate civil remote-sensing space systems
in accordance with the provisions of this
Act.
(b) Any license Issued under subsection (a)
shall be in effect for such period as the Sec-
retary may specify.
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CONGRESSIONAL RECORD - HOUSE April 9, 1984
(c) Any private sector party may apply to - may issue subpenas for any materials, docu-
the Secretary for Issuance. transfer, or ter- merits. or records, or for the attendance and
mination of a license under this title In a testimony of witnesses.
form and manner prescribed by the Secrr (e) In carrying out his enforcement re-
Lary. Each application under this section
bhall set forth the activities propoeed to be
carried out under the license, Including
measures taken to comply with those oper-
ating requirements specified in section 402
of this Art.
(d) No license shall be granted by the See-
retary unless he determines in writing that
the applicant will comply with the require-
ments of this Act, the regulations issued
pursuant to this Act, and the international
obligations and national security concerns
of the United States. The Secretary shall
review any application and make a determi-
nation thereon within one hundred and
twenty days of the receipt of an application.
If final action has not occurred within such
time, the Secretary shall Inform the appli-
spousibiltties, the Secretary may-
(1) teases any object, record, or report
where it reasonably appears that such was
used, is being used, or is likely to be used In
violation of this Act; or
(2) 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.
( f) The Secretary is authorized to termi-
nate any licensed operations on an irnmedi-
ate basis when it reasonably appears that
operation In violation of any provision of
this Act, or any provision of a license Issued
under this Act, or of any obligation of the
United States under a space treaty, would
be detrimental to the national interest..
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 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.
(bXl) The Secretary shall conduct a con-
tinuing program of-
(A) research in applications of remote-
sensing;
(B) monitoring of the Earth and Its em-l-
ronment; and
(C) development of technology for such
_. monitoring.---
(2) Such program may include support of
basic research at universities.
(3) The Secretary is authorized and en-
couraged to conduct such research, monitor-
ing, and development in cooperation with
other public and private research entities,
Including private industry, universities.
State and local governments, foreign gov-
ernments, and international organizations,
and to enter into arrangements (including
joint ventures) which will foster such coop-
eration.
(c) Other Federal agencies are out ,orized
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.
(d) The Secretary and the Administrator
of the National Aeronautics and Space Ad-
ministration shall, within one year after the
date of enactment of this Act and biennially
thereafter. Jointly develop and transmit to
the Congress a report which includes (1) a
unified national plan for remote-sensing re-
search and development applied to the
Earth and its atmosphere; (2) a compilation
of progress in the relevant ongoing research
and development activities of the Federal
agencies: and (3) an assessment of the state
of our knowledge of the Earth and Its at-
mosphere, the needs for additional research
(including research related to operational
Federal remote-sensing space programs),
and opportunities available for further
progress.
quired to resolve them. Stec. 406. (a) A private sector party may
(e) The Secretary may revoke, suspend, or apply for a license to operate a remote-sens-
modify a license issued under this title if Ing space system which utilizes, on a space-
the Secretary determines and notifies the li- available basis, a civilian United States Gov-
censee in writing that the licensee has Rub- ernment satellite or vehicle as a platform
stantially failed to comply with any provi- for such system.
sion of this Act, with any regulation Issued (b) The Secretary, pursuant to the au'
under this Act, with any terms, conditions. thorities of this title, may license such
or restrictions of such license, or with any system if It meets all conditions of this Act.
international obligation or national security and If-
concern of the United States. (1) the applicant agrees, as a condition for
(f) Any applicant or licensee who makes a the receipt of such license, to reimburse the
timely request for review of a denial of Issu- Government immediately for all related
ance or transfer; revocation; suspension; costs Incurred with respect to such utiliza-
conditioning; or modification of a license yion. including a reasonable and proportion-
shall be entitled to adjudication by the Sec- ate share of fixed, spacecraft, data transmis-
retary on the record after an opportunity Sion, and launch costs; and
for an agency hearing with respect to such (2) such utilization would not interfere
denial, revocation. suspension, conditioning, with or otherwise compromise the intended
or modification. Any final action by the Sec- Government missions, as determined by the
retary under this subsection shall be subject agency responsible for the satellite or vehi-
to judicial review under chapter 7 of title 5. cle.
United States Code. (c) The Secretary may offer assistance to
REGULATORY AUTHORITY OF THE SECRETARY private sector parties in finding appropriate
SEC. 404. (a) The Secretary may issue reg- opportunities for such utilization.
ulatlons to carry out the provisions of this (d) Federal agencies are authorized to
title. enter into agreements for such utilization If
(b) Regulations issued by the Secretary such agreements are consistent with the
under this title shall be promulgated only agency's mission, statutory authority, and
after public notice and comment in accord- appropriation Acts, and if such remote-sens-
ance with the provisions of section 553 of ing space system.isJicensed by-the Secre-
title 5, United States Code. tarn
ENFORCEMENT AUTHORITY Or THE SECRETARY (e) The provisions of this section do not
SEC. 405. (a) Each license issued by the apply to activities carried out pursuant to
title
V.
Secretary shall require the licensee-
(1) to allow the Secretary or his designat-
ed officers to inspect any financial or busi-
ness records associated with remote-sensing
or "value-added" activities, and
(2) to allow the Secretary or his designat-
ed officers to inspect any space-related or
ground segment hardware or software to be
utilized by the licensee In remote-sensing ac-
tivities.
(b) It is unlawful for any person to violate
any regulation or provision of any license
Issued under this Act, to violate any space
treaty or law implementing any space
treaty, or to prevent or inhibit the monitor-
ing of remote-sensing activities or "value-
added" activities by the Secretary or his
designated officers.
(c) Any person who after notice and op-
portunity to be heard In accordance with
title 5, United States Code, is found by the
Secretary to have committed any act pro-
hibited by subsection (b) shall be liable for a
civil penalty of not more than $10,000 for
each violation. Each day of continuing oper-
ation In violation shall constitute a separate
violation. The Secretary may compromise.
modify. or remit any such civil penalty.
(d) For the purpose of conducting any
hearing under this section, the Secretary
TERMINATION
SEC. 407. If, five years after the expiration
of the six-year period described in section
302(bX2), no private sector party has been
licensed and continued In operation under
the provision of this title, the authority of
this title shall terminate.
TITLE V-RESEARCH AND
DEVELOPMENT
PURPOSE AND POLICY
SEC. 501. It is the purpose of this title to
provide for a comprehensive civilian pro-
gram of research, development, and demon-
stration to enhance the United States capa-
bilities for remote-sensing from space, as
well as to enhance the application and utili-
zation of such capabilities.
CONTINUED FEDERAL RESEARCH AND
DEVELOPMENT
Sic. 502. (aX 1) The Administrator of the
National Aeronautics and Space Administra-
tion Is directed to continue and to enhance
such Admialstration's programs of remote-
sensing research and development.
(2) The Administrator Is authorized and
encouraged to-
e (A) eondast experimental space remote-
sensing programs (including applications
USE OF EXPERIMENTAL DATA
Sec. 503. Data gathered in Federal experi-
mental space remote-sensing 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 for
commercial uses or in competition with pri-
vate sector activities, except as permitted by
section 504.
SALE Or EXPERIMENTAL DATA
SEC. 504. Data gathered in Federal experi-
mental space remote-sensing programs may
be sold en bloc through a competitive proc-
ess (consistent with national security inter-
ests and International obligations of the
United States) to any United States entity
which will market the data on a nondiscri-
minatory basis.
TITLE VI-GENERAL PROVISIONS
NONDISCRIMINATORY DATA AVAILABILITY
Sac. 601. (a) Any digital remote-sensing
data generated by any system operator
under the provisions of this Act shall be
made available to all users on a nondiscri-
minatory basis in accordance with the re-
quirements of this Act.
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April .9, 1984
sharpened as a result of several specif- Title I contains findings, purposes, . the private-sector party build and
Ic commercialization proposals. policies, and definitions. An important launch the necessary system. The Sec-
Tb.' jurisdiction for this tnatter is policy established here would call for retary would be required to go
shared between my subcommittee and nondisrriminatory data access. through a competitive selection proc-
the subcommittee chaired by the Ken- Title 11 provides for the first phase ess and one criterion for selection of
tieman from New York (Mr. Sciiroex). of commercialization which would be the private-sector operator would be
We held hearings beginning In April marketing of data from the existing the amount of subsidy required.
1983 and continuing in June and July. Landsat system. Title to the system The committee believes that the 6.
In November. we held hearings on would remain with-the Government. year period will be an adequate
draft legislation. In February of this Title III provides for the next phase amount of time to determine whether
year we introduced II.R. 48:16, and had of commercialization by authorizing or not the land remote-sensing busi-
hearings on that bill in March. Based lim.iia?d Federal assistance for a pri- ness will be commercially viable. If
on testimony and comments from in- vale system to follow Landsat. This as- such a business cannot be sustained by
dustry and agencies, a clean bill, H.R. sistance would be awarded after a com- sale of data, then we will be faced with
5155. was introduced on March 15 and titive process. a decision as to whether we want to
reported by the Committee on Science Title IV contains procedures for a continue with Federal support or
and Technology` on March'-27; 1984, simple licensing of private system op-simply to take this Nation out of -land-
without amendment. erators. remote-sensing altogether.
Mr. Speaker. I have taken the time Title V is very Important because it The provisions of H.R. 5155 give the
to -recount - this history because the - authorizes and directs a-vigorous ,Fed_ _Secretary some latitude-in how-to pro-Members should know that this bill eral R&D program to insure that the ceed with the commercialization proc-
has been Qiven careful consideration. United States maintains its preemi- ess. For example; nothing in the bill
We have not lightly dealt with the nence in this field.
commercialization of our Nation's Title VI contains general provisions,
space remote-sensing capability. the most Important of which the
The committee has always support- statutory establishment of a to ar-
ed the commercialization of space chive.
technology when appropriate, while Title VII contains a simple prohibi-
realizing that such commercialization tion of commercialization of weather
might need statutory policy guidance satellites.
on a case-by-case basis. Mr. Speaker, at this point I would
We have always intended for land like to explain the provisions of the
remote sensing to be commercialized bill. H.R. 5155 is written m seven
because so many of its applications are titles. There are essi
commercial. The marketing efforts of phases of commercialization o and
a private sector operator will result in remote sens a ie titles II,
wider use of the data and commercial III. and IV of the bill. The other titles
pressures for efficiency will result in provide a favorable context for the
more cost-effective technology, commercialization process.
... . .. .. - -..I- ~....~.....~ 1r4_A4....n ..,.r......?c
would prohibit the Secretary from
combining the procurements called for
in title II and title III into one action.
However. If such an action did -not
result In accomplishing the objectives
of both titles II and III, the Secretary
would be required to proceed with sep-
arate procurement actions.
Title IV provides a procedure for li-
censing all private system operators
including the operator receiving the
subsidy under title III. The con-
straints that would be placed on Ii-
this remote-sensing tecnnoiogy snoula Pun-A-. allu Yviuu.. V1L1 -- -111
and enforcement authori-
be commercialized, we also realized of the bill establishes as policy of the regulatory ties for the aSncretnfo of Commerce.
that there need to be safeguards to United States that civilian digital
protect the public and the national in- remote-sensing sts that' be wade Title V authorizes and encourages
terest. The committee has therefore available to all tI UQtential users on a continued Federal research and devel-
looked carefully at this commercializa- nondis riminatorv basis. Also, section opment in civil space remote sensing.
tion process. 1bd~of the act spells out the definition Our committee strongly believes that
Mr. Speaker, many Members may re- of this term-on. a nondiscriminatory the transfer of operational responsibil-
member that some of the proposals basis-so as to allow as much eommer- ity to the private sector 'does not re-
floating around about this time a year ciai flexibility as I+ Bible without ra_ lieve the Federal Government of its
g one b uyer Or cl&n of buyers obligation to conduct long-term, high-
ago were a mockery of commercialize- vo 'n
tion. For example, there were propos- over ano her. risk research in remote sensing. This
als to commercialize the weather satel- 'IT rovides for the first phase title therefore spells out research
lites. Leaving aside the potential ad- of commercialization. r-eorrtrsetor mandates for both NOAA and NASA
verse effects on public safety, these wmi1d bkc Jotted t0, m?rkeJ and encourages agencies using remote-
proposals would have amounted to es- anO Archived -dat=lro"' rhP ?=ict3no sensing data to carry out applications
tablishing a monopoly and then giving I.andsat system and would also be per- research. In addition, sections 503 and
it a cost-plus contract. Obviously, this mitted if he desired, to contract for 504 taken together provide that data
would have resulted in none of the ef. operating that system. The $ggretaff generated In experimental remote-
ficiencies we expect from private- won Svc nm sensing purposes can be used for re-
sector operation. Of course, H.R. 5155 w iletttg_.pliYate.sc ontractor de. search purposes without limitation but
prohibits commercialization of weath- veTaps a market and makes at a av can be used for commercial purposes
satellites. able ^'iis wiIl proses only in a way that will not undercut
Lere have also been proposals that ntinuity while the private se j,QQI any private-sector operator. This is
d allow a private system operator builds the follow=pn ilL1 Memo eSCils achieved by requiring that such ex-
ll data to some users but not to fl space system provided for by title perimental data be sold en bloc on a
rs. One bad effect of this would be 111, commercial, that is competitive, basis.
low grain speculators to profit at' Title III provides fora 6 -year transi- Title VI contains several general
expense of American farmers. By tion pert as the nex phase o com- provisions, perhaps the most impor-
lishing a firm policy of nondiscri- mericalization with the 6-year period tant of which Is the rebulrement that
tory access to data, H.R. 5155 defined In terms of assurance of data the Secretary of Commerce establish
d prevent such abuses. continuity. The Secretary of Com- an archive of land remotesensing data
ope these examples have made it coerce is suthorized_i..~8y-.some-oi.the for historical, scientific, and technical
clear that we have brought to the capital costs of priyai_tfe5-1~9L. rS- purposes. Including long-term global
floor a bill that every Member can for who win provide the system capa- environmental monitoring. This provi-
support. bility necessaryto assure data continu- slon will insure that many of the
Mr. Speaker, let me now briefly out- i for the-.if-_y ar_ period. This capital public benefits of land remote sensing
line the provisions of the bill. payment Is. in effect, a subsidy to help are indeed preserved once the commer-
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cialization process is underway. Sec-
tion Gob authorizes the appropriation
of 110 trillion for fiscal year 1985 for
cr.rrying out th" provisions of section
3(12, title IV, end section 602 of the
bill. Section 302 contains the language
providing for the payment of capital
costs of a follow-on system to assure
data continuity for 6 years. The $10
million authorized here will not be
sufficient to pay for that system. We
expr'ct that the requirement for build-
ing the follow-on system will be sever-
al times the amount authorized, but it
will certainly be less than present
Government costs to procure and op-
erate a land remote-sensingsystem.- Title VII would prohibit the com-
mercialization of weather satellites at
al productivity and efficiency is competi-
tion. In a sole source situation, thr -only
mamwe rnent motivation Is to increasi? prof-
its as far as poss'ble until chrckrd lliruuih
rcVU:dtton to ncFuliation.
This statement, I think, calls into
real question the proposed savings
that commercialization will bring to
the Federal Government. We only
have to look at sole source contruc t' rs
for the Pentcgon to see how well this
system works.
On the other hand, given the admin-
istration's fervor for commercializa-
tion, and the fact that It has already
involved Itself in RFP's on this matter,
the likelihood of the administration
expanding the Landsat system to fill
existing and future needs is doubtful.
this time.-The-language-of this title__ Two months ago, we launched Landsat
amounts to a rather strict prohibition
of any effort to commercialize those
systems and provides that no such
effort may be made by the President
or any -official until title VII has been
repealed. T ' ? .
Mr. Speaker,-I believe that from this
description it is clear that we have
worked hard on this bill and have
dealt with all of the problems that
have existed in earlier commercializa-
tion proposals. I urge my colleagues to
support H.R. 5155.
Mr. DASCHLE. Mr. Speaker, will
the gentleman yield?
Mr. VOLKMER. I yield to the gen-
tletnan from South Dakota.
(Mr. DASCHLE asked and was given
permission to revise and extend his re-
marks.)
Mr. DASCHLE. Mr. Speaker, I rise,
not so much in opposition to H.R.
5155, a bill setting forth guidelines and
parameters for the possible commer-
cialization of the Landsat system, as I
do to express some very serious con-
cerns on my part as to the necessity
and the ultimate wisdom of the entire
idea of commercialization. As a set of
guidelines, I compliment the commit-
tee on its product as reflected in this
bill. As far as possible, it does produce
guidelines that will assure continued
access to data at the least possible cost
to the Government under commercial-
ization.
On the other hand, as I have indicat-
ed. I wnrdar if, in fact, the commer-
ciali>.?t -din of this function is indeed in
the national interest. The information
gathered by the Landsat system does
provide manifold benefits in the na-
tional interest. The argument for com-
mercialization, as is exhibited In the
committee report on this legislation, is
that commercialization of the system
will provide greater data markets, and
that the Federal Government can con-
tract for the data It desires with the
private Interests running the system.
However, in testimony before the Sub-
committee on Science and Applica-
tions on June 21, 1983, Dr. John W.
Townsend, president of Fairchild
Space Co., said the following:
This statement will probably be viewed as
heresy by my industrial colleagues, but the
real forcing function for increasing industri-
5, the last planned satellite in the
Landsat system. There are obviously
no further plans by the administration
to launch any further Landsat, satel-
lites, or to upgrade our present facili-
ties. Without this administration sup-
port, It is unlikely that Congress, on
its own, will provide either the au-
thorizations or further funding for
these desirable expansions. So, by de-
fault, however distasteful, it appears
that this commercialization may he
the only way we can continue to
expand the data we need.
I am disappointed that the adminis-
tration has been so short-sighted on
this issue. I am further disturbed that
the committee bill before us today
does not, to my understanding, provide
for congressional approval of any spe-
cific contract the Secretary of Com-
merce may enter Into relative to this
issue. Given the administration's pro-
pensity for privatization, no matter
what the ultimate cost to the citizens
of this country, I am afraid that this
approach will indeed leave the fox
guarding the chicken coop.
It does appear, however, that, given
the administration's refusal to support
updating of the system, commercial-
ization may be the only way to go. I
do, however, have some specific ques-
tions that I would like to add: ess to
the manager of the bill, relative to
title VI of the bill, dealing with archiv-
ing, and the role the EROS Data
Center may play in that function.
In the last analysis, I feel that this
commercialization is premature and
may wind up costing us more than it
saves, while at the same time it may
well be denying us access to the data
we need. The administration's single
minded pursuit of privatization, com-
bined with Its stubborn refusal to
update the present Landsat system,
may be forcing us into a very foolish
mistake.
I am particularly concerned over the
role that the EROS data center in
South Dakota will have in the future
of any commercialized Landsat data
collection and dissemination system.
As you are aware, the EROS data
center currently is actively involved in
archiving data of the type we are talk-
Ing about here and is, to my knowl-
edge, the only facility currently doing
so. Is It rour perception of the thrust
of II.R. 5155 that there is a role for
the continuation of this archiving
function at EROS. and, even more im-
portantly, an expanded role for such a
function?
Mr. VOLIfTMER. Mr. Speaker, I
thank the guitieman for his question.
Indeed, I am aware of the valuable
role played by the EROS data center
in archiving this and many other kinds
of data. I am further aware that the
current TLPP process underway In the
Department of Commerce does not
mandate that a government archive
would be maintained. Further, the ad-
ministration position in the decision
memorandum announced on March S.
1983, was either io commercialize land --
remote sensing or to drop it -entirely.
H.R. 5155 both provides for contin-
ued Federal support for land remote
sensing .until It can be commercialized
successfully, .and also in section 802
mandates that the Secretary of Com-
merce maintain a data archive. And as
you have suggested .ILR .5155 calls for
a "global" data set which would
expand the role of the EROS data
center.
Mr. DASCHI.E. If the gentleman
will yield further, again, just for a
point of clarification. This bill does
not, of course, mandate the commer-
cialization of any Landsat facilities. It
is correct to say that this legislation
leaves to the discretion of the adminis-
tration, within the guidelines outlined
here, the final decision as to the over-
all question of commercialization, and
to the acceptance of a specific con-
tract?
Mr. VOLKMER. The gentleman is
correct. Section 201(c)(1) prohibits the
transfer to the private sector of any
part or all of the Landsat system. Fur-
ther, section lelid) shoes title - Secre-
tary of Commerce authority to contin-
ue -operating the Landsat system If no
acceptable contract can be reached.
There is similar language in section
302(d) regarding a follow-on system.
For example, we would not want the
Secretary to accept a proposal that
would cost the Government more
money or that would preclude the ar-
chiving function. Our intent is to
pursue commercialization while pro-
tecting the public interest.
Mr. DASCIILE. Mr. Speaker, if the
gentleman will further yield, I want to
thank the gentleman for this informa-
tion.
Mr. BATEMAN. Mr. Speaker, will
the chairman of the subcommittee,
the gentleman from Missouri (Mr.
VOLKMER), yield for the purpose of a
question?
Mr. VOLKMER. I yield to the gen.
tleman from Virginia.
Mr. BATEMAN. Mr. Speaker, I
would like to pose a question to the
chairman, in the hope that we might
clarify the committee's Intent with
reference to a part of the language
that is in the committee report.
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On page 30 of the committee report.
there is a paragraph relating to title
VII of the bill that I believe might
lead to an unfortunate and unintended
interpretation of the committee's
intent. That paragraph states:
The committee further notes that title
VII does not in any way prohibit the Secre-
tary from carrying out his responsibility to
operate the weather satellites by means of
contracts with private sector operators.
Would the chairman agree that the
transfer of the functions of the Wal-
lops Command and Data Acquisition
Station to a private sector operator by
contract is prohibited by title VII?
Mr. VOLKMER. Yes, I agree with
the gentleman from Virginia. The Sec-
retary must continue to operate the
weather satellites and such a transfer
would certainly constitute a commer=
cializatlon that would be a clear viola-
tion of title VII, and the committee
did not intend to leave any other Im-
pression. The purpose of the para-
graph the gentleman refers to was to
indicate that NOAA's current practice
of contracting for certain limited func-
tions would continue to be acceptable
practice. For example. I understand
certain maintenance functions are now
contracted to the original equipment
manufacturers. If cost effective, this
could continue.
Mr. BATEMAN. Mr. Speaker, I
thank the gentleman for his clarifying
remarks.
Mr. VOLKMER. Mr. Speaker. I re-
serve 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 the
bill. Over the past 11 years, more than
20 bills were introduced dealing with
remote-sensing issues. Although land
remote sensing has had strong support
from Congress throughout its history,
there has been a long series of reports,
studies, recommendations, and hear-
ings on the issues.
Last year. the President announced
his policy to have the Department of
Commerce consider the feasibility of
transferring the remote-sensing
system to the private sector. Since
then, there has been a lot of confusion
about the President's proposal. The
President did not decide to sell the
weather satellites, but rather asked
the Department of Commerce to de-
termine if it was feasible. Since the
transfer of the weather satellites is
not considered to be appropriate now,
this bill prohibits commercialization of
weather satellites.
In contrast, the transfer of the land
remote-sensing system to the private
sector is not only feasible, but very ap-
propriate. It is the Government's role
to do the basic research and develop-
ment and then transfer the technol-
ogy to the private sector. From the be-
ginning of the Landsat program, it has
been assumed that the technology
would eventually be commercialized.
Unfortunately, up until now, no defi-
nite plan was ever developed for com-
mercialization. This bill provides an
excellent, well-thought-out approach technology
to allow Landsat to evolve into a prof- cialization.
April .9, J,184
stable private sector enterprise. The Mr. Speaker. I would like to expand
Committee on Science and Technology on what the gentleman from Missouri
and the Congress as a whole have sup- (Mr. VoLXMEa) has said and provide
ported commercialization ' of space some further detail on a few of the
technology over the years. This bill is major issues that arose during the
a continuation of that philosophy, consideration of the legislation. First.
Furthermore, the bill is consistent the committee was aware that Public
with the administration's position, and Law, 98-166 prohibited the expenditure
in fact is intended to be completely of funds in fiscal year 1984 on any pro-
complementary to the process being posal to transfer the Nation's civil
followed by the Department of Com- weather satellites to the private
merce. sector. In adopting title VII of H.R.
For these reasons, I urge my col- 5155, the committee has taken this
leagues to join me in support of this prohibition one step further: Any
bill. future actions leading toward commer-
? Mr. SCHEUER. Mr. Speaker, I rise cialization of weather satellites would
in support of H.R. 5155, the Land not be permitted until such time as
Remote-Sensing Commercialization title VII is repealed.
Act of 1 om We have taken this strong position
As the e gentleman from Missouri because all of the evidence that the
which underlie n V a?e this this lhehave e Issues committee has heard indicates that
been whi u considered legislation is during the sale of the weather satellites would be
course carefu hearings that our a terrible deal for the U.S. taxpayer.
two subcommittees nine y joint onsi have over e hve held held ovethe Sale of the satellites would not lead
year. As As a result resultha the of efforts this hat toward a truly competitive and com-
erotion and of t s that we have e mercial situation, but rather toward a
made o monopoly in which the only custom-
H.R. Membercareful s' concerns. sirisan er-the U.S. Government-would be
support E.R. 51 1 o5 on tenJoys he Costrongmmittee bipartisan
on ipartt Science isan dependent upon both the technical
and d Technology. Committee
competence and the good will of a
In addition. single company operating under the
March f this testimony
s ye year that from w the we receiv ecfor r i the security of a long-terms, cost-plus con-
of the Source Evaluation Board rd for tract. In all likelihood, this monopoly
Civil Remote-Sensing, would end up costing the Government
tmain, , strongly the endorsed by l b the is, ad- - more than it presently expends for
the h sy I
ministration. government operation of weather sat-
The level of cooperation between ellites.
the Congress and the administration Economics aside, the sale would have
on this issue is remarkable in light of extremely- serious implications for
the intractable impasse which existed both national security and public
not 1 year ago. There are two reasons safety. Selling the weather satellites
why we have come such a long way would necessitate significant, and per-
since then. First, during the fall of last haps unwieldy, oversight and regula-
year, the Congress passed concurrent tion by the Department of Defense,
resolutions and ultimately an appro- which relies on civil weather satellite
priations bill which finally laid to rest data both in its routine operations and
the administration's ill-conceived pro- in emergencies. The threat to public
posal to sell the Nation's weather sat- services arises because a private opera-
ellites. Second, there has been a grow- tor with a secure, long-term contract
ing consensus that it is now timely and would have little motivation to im-
in the public interest to begin the or- prove his services. As a result, technol-
derly transition toward commercial op- ogy would stagnate, which would hurt
eration of civil remote-sensing from everyone who relies on weather infor-
space. HR. 5155 is responsive to this mation: the farmer, the pilot, the citi-
need; it constitutes a sound approach zen dependent on Federal tornado and
to establishing a market-based com- hurricane warnings.
mercial system, without compromising In placing restrictions on cornmer-
our national security, public safety, or cialization of weather satellites, we
international interests. wanted to avoid a repetition of the
I have been greatly encouraged over events of late 1983. when American in-
the past several months that the ad- dustry was asked to expend millions of
ministration, under the leadership of dollars in responding to an RFP
the Department of Commerce, has which, because of its inclusion of
modified its policies to the point that weather satellites, had very little -
they are nearly alined with the poli- chance of success.
cies embodied in the legislation that A second issue of great concern to
we are considering today. This move- the committee was the necessity, while
ment by the administration has been a effecting the transition of land remote
very positive step, signaling to me that sensing to the private sector, of pre-
we can reach agreement quickly on serving legitimate national security
the issue of land remote-sensing com- concerns and international commit-
merciallsation. Consensus and quick ments of the United States. These
legislative action are absolutely essen- issues have been very thoughtfully
tial if the United States is to avoid raised by the gentleman from Texas
handing over to foreign competitors a (Mr. BROOKS) and thoroughly dis-
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April 9, 198.4 CONGRESSIONAL RECORD - HOUSE 112475
cussed In recent publications by the such long-term o}scrvation-c that we The commercialization of rcmote-
General Accounting Office and the now know that the Earth is slowly sensing satellite syst'rns has been an
Office of Technology Assessment. warming as a resatt of Lite gradual ira:ne we have been debating in the "(1-
The international and national secu- buildup of carbon dioxide in the at- ease Committee for almost 4 yt-'trs. I
rity ast;ecti of remote sensing are pre- mospheic--the "greenhouse effect." It am extremely pleased that we tii'ally
cisely the areas which necessitate con- is because we did not have adequate have a piece of legislation that seems
tinuing Government oversight and monitoring in the past that we are to address nearly all of the concerns
control of private space ventures. In now groping for answers to the acid that hr,ve been expressed, and which
the area of national security, it would rain problem.
` clearly be inappropriate for the U.S. We cannot expect The a private operator tint;uished chairman of the the Science
Government to
permit its citizens to to maintain an extensive ir,?ment.ory of Committee, Dorn FUQUA, Is to be corn-
rr er:gage in activities that amount to in- data for the purpose bf long-tertn enri- mendd for his leadership in bringing
telligcnce gathering as a commercial ronmental monitoring. Environmenud this important legislation to the floor.
J enterprise. In the area of international monitoring Is a legitimate Government
relations, the Landsat program has function, not a commercial activity. H.R. 5155 effects a gradual trans]
served as a valuable foreign policy tool The bill recognizes this and, in section Lion from Government to fully private
for over.-a. decade, in. a number of 602. directs the Secretary of Com- ownership and operscivilian
al o
v~0 direct and indirect ways. *e have pro- merce to create such an inventory and land remote-sensing satellites. rocIt alsh
vided data, services, and training In to maintain it in such a way s to cis In omplements the s at process, which
lend remote sensing as a form of for- guarantee the quality and usefulness o of C its final stages at the Department
Commerce.
sign aid to over 40 nations worldwide. of the data for purposes of global envi-
By the same token, these exchanges ronruental monitoring. Two major ardint the Members
have helped to open lines of communi- Finally, let me touch on what I con- expressed regarding the proposed coal were
on between U.S. political and busi- sider to be the most Important policy secuci tyznot eo that our national d th t
ness interests and the governmental issue in this debate-the issue of "non- security not be jeobardizod ab that
and technical infrastructure of these discriminatory data access." What I our i5155 contains aobframe o be for in-
nations, mean H.R. 5155 a framework for in-
Fonsb g by this ternm is. very simply, rther, y providin land remote- that any private remote-sensing opera- curing that - these concerns are ad-
sensing data without prejudice or fa- for would have to make his data avail- dressed, and also insures that any pri-
vored access, the U.S. civil remote- abTeTo -everyone vale entrepreneur continues the cur-
sensing program has been free from terms- a could not choose hi
ts (UF rent U.S. policy of nondiscriminatory
charges of military surveillance or eco- loaners "to Tator one over SI9~, access to land remote-se sing data.
nomic exploitation. By maintaining have already indicated one reason why A concern that I have expressed sev-
this high ground, we have been able to nondiscriminatory access is so ri npor- era., times is that commercialization of
argue credibly in international fora ta`nf-n'pi~sErppg tfie-'igh_1 this system be a good deal for the
that any nation should have a right to for the U.S. Government durint3 de American taxpayer. It calls fora deii-
observe any other country from b" salts";" I'7>3'dt*er--6ire Hite end to the involvement of the
space-the so-called open skies policy ro
pen lipha , --_.?_-? Federal Government in the operation-
which has served our national inter- Bvt'ttrereMcTe-policy. "liFe other, equally compel- al aspect of land remote sensing after
fter
ests well since its first articulation by ling reasons for this policy. It would 6 years, if the Secretary has gone for-
President Eisenhower. encourage any operator to sell data ward with the process spelled out in
We have worked closely with the na- very broadly and to structure his mar- the bill. The one exception is that if
tional security agencies, the Depart- keting efforts to reach as many cus- none of the bills received turn out to
ment of State, and other congressional tomers as possible. It protects the so- be attractive, the Secretary is author-
committees to insure that H.R. 5155 called "value-added" firms, the real de- ized to continue to operate the system.
protects and preserves these vital In- velopers of the market, from unfair Perhaps most important of all, H.R.
terests. The legislation does so by des- practices by the system operator. And 5155 provides for a market-driven
ignating the Secretary of Defense and it is likely to serve U.S. business and system. The private sector is encour-
the Secretary of State as responsible political interests by facilitating sales aged to make many of the critical deci-
for identifying those national security of both data and services provided by siors, and the technology above a
and International concerns which U.S. firms. minimum baseline is not dictated, thus
must be met by any private operator. I believe that it would be short- allowing the system to be driven by
The Secretary of Commerce would ul- sighted and unwise to allow any U.S. user needs.
timately be responsible for implement- company to sell remote-sensing data In I urge my colleagues to support this
ing these provisions and for monitor- a proprietary manner. To do so would important legislation.,
Ing their compliance through a licens- be to risk both broad application of ? Mr. ANDREWS of Texas. Mr.
ing procedure. I am confident that the technology and our national good- Speaker, it is with distinct pleasure
these provisions will protect our na- will in the interests of short-term and that I rise today to speak on behalf of
tional interests without unduly ham- very marginal commercial gains. the Land Remote Sensing Commer-
pering a commercial operator. Mr. Speaker, the United States, cialization Act of 1984, the final prod-
Another Issue which surfaced in the through the National Aeronautics and uct of a truly pioneering, cooperative,
consideration of this legislation was Space Administration, developed the and innovative effort on the part of
the need for a continuing Federal role land remote-sensing technology and HAROLD Votrtarsa, chairman of the
in the monitoring of the global envi- brought It to where it stands today-at House Science and Technology Sub-
rorunent from space. Land remote- the brink of commercial exploitation. committee on Space, JAmrS Scxrusat,
sensing technology provides the op- Last month's responses to the adminis- chairman of the Subcommittee on
portunity for observing at regular in- tration's RFP indicate that U.S. Indus- Natural Resources, Agricultural Re-
ternals small-scale and large-scale try Is ready and able to enter the com- search and the Environment, and their
changes in the features of the Earth. petitive International marketplace in talented staffs. The purpose of this
For example, it is possible to use this this field. This legislation will enable bill, Mr. Speaker, Is to provide for the
technology to observe changes in the our aerospace companies to compete phased transfer of our civil land
health and extent of the world's for- effectively. They support the legisla- remote sensing capability to the pri-
ests and crops; to record land-use tion, as does the administration and a vate sector in a way that opens up this
changes; and to monitor the gradual bipartisan coalition on the committee. exciting field to private industry while
impacts of air-borne and water-borne This is a good bill, and I urge all Mem- guaranteeing continued availability of
pollutants on our natural resources. bers to lend their strong support., data, protecting national security in-
Long-term monitoring of this sort is ? Mr. McGRATH. Mr. Speaker, 1 rte terests, and maintaining International
a wise investment. It is because of in support of H.R. 5155. obligations and
policies.
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11 2476 CONGRESSIONAL RECORD - HOUSE
The Federal Government's land
remote sensing program has been a
Government-supported experimental
research program since 1972. The last
in a series of five satellites. Landsat-5,
is currently orbiting the Earth at an
altitude of about 570 miles, gathering
data in both the visible and infrared
spectrum pertaining to it atures of the
Earth. That data can be processed into
highly desirable commercial Informa-
tion In a growing variety of applica-
tions, including mineral and oil explo-
ration, predictions of agricultural yield
and crop health, agricultural classifi-
cation, land-use mapping, forest man-
agement, hydrology, cartography, and
environmental monitoring. That is the
beginning of what promises to become
a longer list.
The data provided by land remote
sensing satellites has tremendous com-
mercial potential, particularly if that
data is efficiently obtained, affordable,
and tailored to the specific needs of Its
users. Even though the market for
this data has been suppressed by un-
certainty, studies project its dramatic
expansion. Passage of this bill will fa-
cilitate expansion of the land remote
sensing data market by sending a posi-
tive and strong signal to investors that
Congress is willing not only to release
its hold on this potential new industry,
but lay out the ground rules for its de-
velopment and follow them.
H.R. 5155 will encourage a vigorous
private sector role in civilian land
remote sensing by creating a limited
duration. Government industry part-
nership during a transition period pre-
ceding a fully private financing and
operation of remote sensing. The Com-
merce Secretary would be authorized
to accept bids from private sector
firms to market data from the current
Landsat system. After the demise of
that system, the Secretary would
select and could partially finance a
private sector firm to build and oper-
ate a land-sensing system geared to
the needs of the marketplace. The In-
volvement of the Federal Government
would end after 6 years.
Mr. Speaker, I want to assure you
and other Members of the House that
this bill in no way sanctions the priva-
tization of weather satellites. In fact,
title VII of the bill states the commit-
tee's intention to prohibit future ac-
tions leading toward commercializa-
tion of weather satellites. And, as you
recall, last November, I sponsored and
the Congress approved House Concur-
rent Resolution 168 which expresses
the sense of the Congress that the
commercialization of weather satel-
lites is not appropriate. Not only are
there very limited commercial pros-
pects for weather information-the
only customers-but weather satelli
tion critical to our military operatoo
committee overwhelmingly demon-
strates the importance of the National
Weather Service to public safety, par-
ticularly in hurricane situations.
But it is not my purpose, Mr. Speak-
er, to argue against weather satellites.
Rather. I want to urge my colleagues
to support the Land Remote Sensing
Commercialization Act and congratu-
late Chairmen VOLKMER and SCHEUER
for a job truly well done..
April 9, 1984 --iYee
surance that Landsat data will - be
available continuously whether or not
the system was commercialized. In ad-
dition, they need to know tlir.t data
~] oRS =~iT auz dal Icn's.,s$? 1-1o
fly. -wIthout_.restljtjlQlp&,_?9yer every
nation in the
WQrldIL'?;aintenanceT
.
L
? Mr. NELSON of Florida. Mr. Speak tl s policy hinges ];ectl}' onthe Tact o f
er, I rise in support of the commercial- t a ade the hnfior-- ~k- '
ization of land remote-sensing satel- mation acquired from c v fan remo c
lites commonly known as the Landsat jeyn= t es 1
system. nations of the world: fespite"TFiFTmi cc
T
he Science and Technology Com-_ nee o this policy, the adminis-
Ittee has supported commerciRliza- tration has offered to renege on our
ects over the past few years when such will facilitate the commercialization of
commercialization has been appropri- Landsat.
ate. Presently, recognizing the need The bill before us mandates continu-
for the Federal Government to insure ation of the nondiscriminatory data
the continuity and availability of accu- distribution regardless of whether
rate land remote-sensing data, this leg- Landsat is run.by the Federal Govern-
islation is now appropriate. ment or a private operator. In addi-
Landsat 5. launched March 1, 1984, tion, it maximizes the chances of as-
is the last of the planned land remote-
sensing satellites. In the fiscal year Lan aSuring t a continuous flow of data from
1982 budget request, plans for funding ble and d framework for establishing a clear timeta-
6 and 7 were dropped with the expec- tion. I w it is very ry important
tation of the private sector to carry on that we take be ke that it poortant
the program. Mr. Speaker, without assure the the continuation of f Lary no at
this legislation, those plans cannot be and and that, t, we not t deviate ate from our r corn com
Furedr, in accomplishing commer mitment to the nondiscriminatory dis-- of
Further,
purposes, this legislation tribution data
takes into account the concerns of the For these e reasons, I support this bill
public by addressing national security and urge you to do the same..
considerations, international - obliga- ? Mr. FUQUA. Mr. Speaker, I rise in
tions, and program continuity. This support of H.R. 5155, the Landsat
legislation Is well thought out and has Remote-Sensing Commercialization
taken into account the concerns of the Act of 1984. I want to congratulate my
American people. colleagues Congressman VOLKMER,
I would encourage my colleagues to chairman of the Subcommittee on
recognize the need for this bill and to Space Science and Applications, and
give it favorable consideration.. Congressman SCHEUER, chairman of
? Mr. BROOKS. Mr. Speaker, last ses- the Subcommittee on Natural Re-
sion Congress sent a very clear mes- sources Agriculture Research and En-
sage to the President that it had no in- vironment for their efforts and dili-
tention of allowing our Nation's gence in perfecting this legislation.
weather satellites to be sold to the pri- This legislation reflects the continu-
vate sector. This bill gives us another ing interest and concern of the com-
opportunity to transmit that same mittee that an effective commercial
message to the President to insure land remote sensing system develop
that this proposal will not surface from the highly successful NASA
again. Landsat experimental program.
While it appears that the future of As a result of man's rapidly increas.
the weather satellites has been settled, - tog population, his rapidiv rising
the future of our Nation's land standard of living, his need for increas-
remote-sensing satellite, known as -ing energy supplies, and his need for
Landsat, has remained uncertain, ever increasing amounts of food, infor-
Last September, the Committee on mation on Earth resources becomes
Government Operations held a hear- more important to our daily lives.
ing to examine the foreign implica- Today, more than ever, man recog-
tions of the commercialization of nizes that the capability of the Earth
Landsat. The committee learned that to support life has limits and that to
Landsat has been a significant maker survive he must seek more efficient
of International friends for the United ways to manage his limited resources.
that many, of the nations around the need more timely and accurate infor-
world have come to rely heavily on mation. Resource data requirements
Landsat data and are deeply con- extend to whole regions of the country
cerned that this information might and with the highly Interactive world
become either temporarily or perma- society In which we live, many activi-
nently unavailable because of the com- ties involved with food, mineral re-
mercialisation effort. It became clear sources, and environmental effects re-
that our friends abroad need some as- quire information on a elobal scale-
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plan for civil operational land remote Mr. MITCHELL. Mr. Speaker, I rLAxxlxt: AND ADILXNISTRArtox OF coxrau:xcs
sensing from space" was published by move to suspend the rules and pass. Sac. 5. (a) All Federal departments, agen-
the Department of Commerce which the bill (H.R. 5298) to provide for a
cies, and Instrumentalities are authorled
Identified the actions required for im- White House Conference on Small and directed to provide such support and as-
plementing a fully' operational land Business. as amended. sistance as may be necessary to facilitate
remote-sensing system from space, The'Clerk read as follows: the planning and administration of the Con-
with the eventual goal of private H.R. 5298 ference.
sector ownership and operation of the, _Be it exacted by the Senate and House of - (b) In carrying out the provisions of this
leted funding for additional IA drat Act may be cited as the "white House Con-
satellites with the following justifica- ference of Small Business Authorization
tion: .'The present NASA investment Art cownmrNcr
in Landsat is sufficient to permit eval- Ssc AU(a) The PrATIOa orent shall call
uation of operational uses of Landsat conduct a (a) National white White House cConfer and
data and, if these uses are cost-effec- ence an m (hereinafter -
tive, to attract a private sector owner/ ferredto as the Business
not earlier
Since this time, delibera. than January 1. 1985, and not later than
Lions have continued in the adminis- September 1. 1986, to carry out the pur-
tration by the Cabinet Council on Poses described in section 3 of this Act. The
Commerce and Trade and the Depart- Conference shall be preceded by State and
menu of Commerce, regional conferences with at least one such
As my colleagues are aware. the ad- conference being held In each State.
ministration at one time proposed to (b) Paterest dts dials Conference and
d
transfer both weather satellites and other ar
nfers an es
e a orized to conduct co
land satellites to the private sector. I and other activities at the State and region.
want to assure my colleagues that al levels prior to the date of the Conference,
today - we are dealing only with the subject to the approval of the Administrator
transfer of land remote sensing sys- of the Small Business Administration, and
tems and that a prohibition to the shall dkect such conferences and activities
transfer of weather satellites Is includ- the the consideration of the purposes of
ed in title VII of the bill before this the Conference described in section 3 of this
body Act is order to prepare for the National
Mr. Speaker, this is an Important
Piece of legislation. This legislation es- rvarosa or conrsa ca
tablishes a policy frame work whereby SM & The Purpose of the Conference
the United States will continue to be a shall be to Increase public awareness of the
world leader in land remote-se essential contribution of small business; to
rasing Idenu identits the problems of small business; to
April 9, 1984 CONGRESSIONAL RECORD - HOUSE 11 2477
This broad information base can technology. This data Is used by sever- examine the status of minorities and women
best be achieved though the use of al Federal department, by State and as small business owners; to assist small
data gathered by satellites. In terms of local governments, by foreign govern- business In carrying out its role as the Na-mbie global coverage, this data can be up- tnents including developing countries, bon's lob c,cator; to apc specific small busi-
dated rapidly and frequently, can be The data is also used by universities near,es to develop such specific and executive an -
relatively easily understood, and can and by many different industries. I pensive reco on as tiay be appropriate ive and
be Integrated Into common formats for urge my colleagues to support H.R. maintainingca action encoou agingthe the economic
general use. Data gathered by satel- 5155.9 viability of small business and, thereby, the
Cites on Earth resources makes use of a Mr. LUJAN. Mr. Speaker, I have no Nation; and to revteaw the status of recom-
rapidly expanding technology often further requests for time, and I yield mendations adopted at the 1930 White
referred to as remote sensing. back the balance of my time. House Conference on Small Business.
Without minimizing the technologi-
cal problems, there is good reason and GENERAL LEAVE MKFER FNCL PARTICIPANTS
cal prob m be confident ireason
evidence
and Mr. VOLKMER. Mr. Speaker, 3 ask SEC. 4. (a) In order to carry out the pur-
the tut the unanimous consent that oil Members poses specifl.'d In section 3 of this Act, the
health prospects and the have 5 legislative days in which to Conference shall bring together Individuals
ogy of rand nd a of re hot been sensing a demonstrated Its use.
ge The . __revise and extend their remarks on concerned with issues relating to small busi-
H.R. 5155, ness: Provided, That no small business con-
logy, oceanography, meteorology, The SPEAKER cern representative may be denied admis-
land olog management crop prediction,
and pro tempore. Is Sion to any State or regional conference, nor
a host, of oteter disciplines. --_ __ there objection to the request of the may any fee or charge be Imposed on any
The Committee on Science and gentleman from Missouri? small business --concern -representative
Technology has held numerous hear- There was no objection. except an amount to cover the cost of any
ings on how to institutionalize an Mr. VOLKMER. Mr. Speaker, I have meal provided to such representative plus a
operational land remote sensing no further requests for time, and I registration fee of not to exceed 110.
system beginning in 1977, yield back the balance of my time. (b) Delegates, Including alternates. to the
In October 1978 President Carter The SPEAKER pro Connors. The e t ences: Conference shall be elected by par-
question
celled for a plan of action on how to question is on the motion offered by n: Provided, State
That and regional confer-
encourage private sector direct partici- the gentleman from Missouri (Mr. ens' each Governor and
Votxsgx) that the House sus each chief s executive in of the political
patron in the establishment and oper- Pend the subdivisions enume merated ted in section Maal of
of
ation of civil remote sensing systems. rules and pass the bill, H.R. 5155. the Small Business Act may appoint one
In November 1979 President Carter as- The question was taken; and (two- delegate and one alternate: Provided fur-
signed to the Department of Corn- thirds having voted in favor thereof) fir. That each Member of the United
merce the management responsibility the rules were suspended and the bill States House of Representatives, including
for civil operational land remote seas- was passed. each Delegate, and each Member of the
Ing activities and further provided for A motion to reconsider was laid on gate United and States
one e Senate alternate: may Arid Pro ndpP o one dele-
Jur.
ne
the development of a time-phased the table. vided o
transition plan for transfer of the hundred delegates~ian and alterntes, appoint I di
system first to the Department of WHITE HOUSE CONFERENCE ON viduals from small businesses shall be eligi-
Commerce and ultimately to the pri- SMALL BUSINF_RR isle for appointment pursuant to this aubsec-
- (1) shall provide such assistance as may be
necessary of the organization and conduct
of conferences at the State and regional
level as authorized under section 2(b) of this
Act: and
(2) is authorized to enter into contracts
with public agencies, private organizations,
and academic institutions to carry out the
provisions of this Act.
(c) The Chief Counsel for Advocacy shall
assist In carrying out the provisions of this
Act by preparing and providing background
materials for use by participants in the Con-
ference, as well as by participants in State
and regional conferences; and
(d) Each Participant in the Conference
shall be responsible for his or her expenses
related to attending the Conference and
shall not be reimbursed either from funds
appropriated pursuant to this Act or the
Small Business Act.
(eMi) The President is authorized to ap-
point and compensate an executive director
and such other directors and personnel for
the Conference as he may deem advisable,
without regard to the provisions of title, 5,
United States Code, governing appoint-
ments In the competitive service, and with.
out regard to the provisions of chapter 51
and subchapter III of chapter 53 of such
title relating to classification and General
Schedule pay rates,
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