PUBLIC LAW 98-365 AN ACT TO ESTABLISH A SYSTEM TO PROMOTE THE USE OF LAND REMOTE-SENSING SATELLITE DATA, AND FOR OTHER PURPOSES.

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP05T02051R000200370001-8
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
17
Document Creation Date: 
December 22, 2016
Document Release Date: 
August 18, 2011
Sequence Number: 
1
Case Number: 
Publication Date: 
July 17, 1984
Content Type: 
REGULATION
File: 
AttachmentSize
PDF icon CIA-RDP05T02051R000200370001-8.pdf1.09 MB
Body: 
Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 PUBLIC LAW 98-365-JULY 17. 1984 96 STAT. 451 Public Law 98-365 98th Congress An Act To establish a system to promote the use of land remote-sensing satellite data, and for Jule l11.4 other purposes. j H R ; ; Be it enacted by the Senate and House of Representatives of the it U d St A n e ates of merica in Co gre assembled, That this Act may be cited as the "Land Remote Sensing Commercialization Act of 1984 ' -- - .. TITLE I-DECLARATION OF FINDINGS, PURPOSES, AND POLICIES FINDINGS SEC. 101. The Congress finds and declares that- (1) the continuous civilian collection and utilization of land remote-sensing data from space are of major benefit in manag- ing the Earth's natural resources and in planning and conduct- ing many other activities of economic importance; (2) the Federal Government's experimental Landsat system has established the United States as the world leader in land remote-sensing technology; (3) the national interest of the United States lies in maintain- ing international leadership in civil remote sensing and in broadly promoting the beneficial use of remote-sensing data; (4) land remote sensing by the Government or private parties of the United States affects international commitments and policies and national security concerns of the United States; (5) the broadest and most beneficial use of land remote- sensing data will result rom maintaining a policy of nondis- cr (b) competitive, market-driven private sector involvement in land remote sensing is in the national interest of the United States; (7) use of land remote-sensing data has been inhibited by slow market development and by the lack of assurance of data continuity; (8) the private sector, and in particular the "value-added" industry, is best suited to develop land remote-sensing data markets; (9) there is doubt that the private sector alone can currently develop a total land remote-sensing system because of the high risk and large capital expenditure involved; (10) cooperation between the Federal Government and private industry can help assure both data continuity and United States leadership; (11) the time is now appropriate to initiate such cooperation with phased transition to a fully commercial system; (12) such cooperation should be structured to involve the minimum practicable amount of support and regulation by the land RE-mote - Cens,nc Cnrnmercial;z:+- tion Act of 19 4' Communications and tele- communications 15 USC note Congress 1:, USC 4201 Defence and nat ional security Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 `?- STAT. 452 PUBLIC LAW 98-36.5-JULY 17, 1954 Federal Government and the maximum practicable amount of competition by the private sector, while assuring continuous availability to the Federal Government of land remote-sensing data. (13) certain Government oversight must be maintained to assure that private sector activities are in the national interest and that the international commitments and policies of the United States are honored; and (141 there is no compelling reason to commercialize meteoro- logical satellites at this time. PURPOSES I,' uSC 4=02 SEC. 102. The purposes of this Act are to- (1) guide the Federal Government in achieving proper involvement of the private sector by providing a framework for phased commercialization of land remote sensing and by assur- ing continuous data availability- to the Federal Government; Defen.e and (2) maintain the United States worldwide leadership in civil national remote sensing, se:untc preserve its national security, and fulfill its international obligations; (3) minimize the duration and amount of further Federal investment necessary to assure data continuity while achieving commercialization of civil land remote sensing; (4) provide for a comprehensive civilian program of research, development, and demonstration to enhance both the United States capabilities for remote sensing from space and the appli- cation and utilization of such capabilities; and (5) prohibit commercialization of meteorological satellites at this time. I 15 use 4203. SEC. 103. (a) It shall be the policy of the United States to preserve its right to acquire and disseminate unenhanced remote-sensing data. (b) It shall be the polic of the United States that c h to be ma a available on a nondiscriminatory asis an in a manner conc1stpn w,r applica a antitrust a Defense and policy of the United States both to commercialize national security. those remote-sensing space systems that_proper lend feinse-Ives to rivate sector operation and to avoid competition the Govern- ment with suc commercial _operations,, while continuing to preserve our national security.to honor our international obligations, and to retain in the Government those remoe_sensing functions that are essentia1T}- of a public service _ nature. DEFINITIONS SEC. 104. For purposes of this Act: (1) The term "Landsat system" means Landsats 1, 2, 3, 4, and 5, and any related ground equipment, systems, and facilities, and any successor civil land remote-sensing space systems oper- ated by the United States Government prior to the commence- ment of the six-year period described in title III. (2) The term "Secretary" means the Secretary of Commerce. Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 PUBLIC LAW 9S-365-JULY 17, 19 -l 9 STAT. 45:~ (3NA) The term "nondiscriminatory basis" means without preference, bi (except on the basis o ecunty concerns pursuant to section 607, ) regarding de Ic technical consider- a ions which oul~favor one buyer or class of ?e s over I (5) e rm "system operator" means a contractor under title II or title III or a license holder under title IV. TITLE II-OPERATION AND DATA MARKETING OF LANDSAT SYSTEM if(jAny offer to sell or deliver data is published in advance in such manner as will ensure that the offer is equally available to all prospective buyers;(MDthe system operator has not estab- lished or changed any price, policy, roc ure, or othet 1P~ or condition in a manner which gives one uver or class of buyer see facto favored access to da !I he system operator does not make unen arc a avails a to any purchaser on an exclu- sive basis: and Iv a case where a system operator offers volume discoun such discounts are no greater than the demonstrable reductions in the cost of volume sales. The sale of data on a nondiscriminatory basis does not preclude the system operator from offering discounts other than volume discounts to the extent that such discounts are consistent with the provi- sions of this paragraph. (C) Th sale of data on a nondiscriminatory basis does not re_ura that a vstem operator disclose names o uyers or their purchase , (It that a system operator maintain all, or any particular subs of, data in a working inventory; or iI hat a system operator expend equal effort in developing all segments of a market. (4) the- term "unenhanced -data" means un essed or orally processed slen nrndu s o ect rpm llel femal Ming en- c?j'c g ..c . Such minimal braressiny, av OPERATION SEC. 201. (a) a refs shall be responsible for- (1) the Lan sat system, including the orbit, operation, and disposition of Landsats 1, 2, 3, 4, and 5; and (2),_provision -. f -data__to forte ground -stations under_the terms _D as regiments between the* United States Government and nations_~ operate stich_grrround stations whlc'-Fi -arein force on the date of commencement t e contract awarded p. t to th titre (b) The provisions o t is section shall not affect the Secretary's authority to contract for the operation of part or all of the Landsat system, so long as the United States Government retains- (1) ownership of such system; (2) ownership of the unenhanced data; and I I Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 ILLEGIB ILLEGIB 98 STAT. 454 PUBLIC LAW 98-365-JULY 17, 1984 (3) authority to make decisions concerning operation -of the system. CONTRACT FOR MARKETING OF UNENHANCED DATA SEC. 202. (a) In accordance with the requirements of this title, the Secretary, by means of a competitive process and to the extent provided in advance by appropriation Acts, shall contract with a United States private sector party (as defined by the Secretary) for the marketing of unenhanced data collected by the Landsat system. Any such contract- (1) shall provide that the contractor set the prices of unen- hanced data; , ransportation of the Senate and the Com- mittee on Science and Technology of the House of Representatives for their review. No such decision or proposed decision shall be implemented unless (A) a period of thirty calendar days has passed after the receipt by each such committee of such transmittal, or (B) each such committee before the expiration of such period has agreed to transmit and has transmitted to the Secretary written notice to the effect that such committee has no objection- to the decision or proposed decision. As part of the transmittal, the Secretary shall include information on the terms of the contract described in subsec- tion (a). (d) In defining "United States private sector party" for purposes of this Act, the Secretary may take into account the citizenship of key personnel, location of assets, foreign ownership, control, influence, and other such factors. (2) may provide for financial arrangement`s between the Sec- retary and the contractor including fees for operating the system, payments by the contractor as an initial fee or as a percentage of sales receipts, or other such considerations; (3) shall provide that the contractor will offer to sell and flelivPr_uuenhanced data to all potential buyers on a nondis- criminatory basis; (4) shall provide that the contractor pay to the United States Government the full purchase price of any unenhanced data that the contractor elects to utilize for purposes other than sale; (5) shall be entered into by the Secretary only if the Secretary has determined that such contract is likely to result in net cost savings for the United States Government; and (6) may be reawarded competitively after the practical demise of the space segment of the Landsat system, as determined by the Secretary. (b) Any contract authorized by subsection (a) may specify that the contractor use, and, at his own expense, maintain, repair, or modify, such elements of the Landsat system as the contractor finds neces- sary for commercial operations. (c) Any decision or proposed decision by the Secretary to enter into any such contract shall be transmitted to the Committee on Commerce, Science and T CONDITIONS OF COMPETITION FOR CONTRACT SEC. 203. (a) The Secretary shall, as part of the advertisement for the competition for the contract authorized by section 202, identify and publish the international obligations, national security concerns (with appropriate protection of sensitive information), domestic Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 PUBLIC LAW 9:-:36:7'-JULY 1; , 1 giq (1, 0 r . T . - - legal considerations, and any other standards or conditions which a private contractor shall be required to meet. (b, In selecting a contractor under this title, the Secretary shall consider- s I) ability to market aggressively unenhanced data; (21 the best overall financial return to the Government. including the potential cost savings to the Government that are likely to result from the contract; (3) ability to meet the obligations, concerns, considerations, standards, and conditions identified under subsection (a); (41 technical competence. including the ability to assure con- tinuous and timely delivery of data from the Landsat system; -5i abilit to effect a smooth transition with the contractor selected under title III; and 161 such other factors as the Secretary deems appropriate and relevant ici If. as a result of the competitive process required by section 202,x!, the Secretary receives no proposal which is acceptable under the provisions of this title, the Secretary shall so certify and fully report such finding to the Congress. As soon as practicable but not later than thirty days after so certifying and reporting, the Secre- tar% shall reopen the competitive process. The period for the subse- quent competitive process shall not exceed one hundred and twenty days If. after such subsequent competitive process, the Secretary receives no proposal which is acceptable under the provisions of this title, the Secretary shall so certify and fully report such finding to the Congress. In the event that no acceptable proposal is received. the Secretary shall continue to market data from the Landsat system. d' A contract awarded under section 202 may, in the discretion of the Secretary, be combined with the contract required by title 111, pursuant to section 304ib-. SALE OF DATA SEC. 204. ca- After the date of the commencement of the contract is L' SC 4 214 described in section 202tai, the contractor shall be entitled to reve- nues from sales of copies of data from the Landsat system, subject to the conditions specified in sections 601 and 602. 'bi The contractor may continue to market data previously gener- ated by the Landsat system after the demise of the space segment of that system. FOREIGN GROUND STATIONS SEC 205. is i The contract under this title shall provide that the 15 USC 4215 contractor shall act as the agent of the Sec retary by continuing to supply unenhanced data to foreign ground stations for the life, and according to the terms, of those agreements between the United States Government and such foreign ground stations that are in force on the date of the commencement of the contract. obi Upon the expiration of such agreements, or in the case of foreign ground stations that have no agreement with the United States on the date of commencement of the contract, the contract shall provide- Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Jt'L1' 1 ~. 1`?'`a PUBLIC L.~N'~ `-` STAT ~ "~~; shall be ti) that unenhanced data from ground staetions o~ly ystthe contrac- made available to foreign tor: and i ?2 ~ that such data shall be made available on a nondiscrimina tort' basis. R THE TITLE III-PROVISION OF D T A CO\TINUIT~' AM LAN SYSTEM PURPOSES AND DEFINI'rMON SEC 301. (a) It is the purpose of this title- with minimal risk, I to provide, in an orderly manner and rivate commer private, for a transition from Government operation to cial operation of civil land remote-sensing s}stems. and actical 121 to provide data segment of the Landsat years after system. the pr demise the space e means (b, For purposes of this is title, the term "data continuity the continued availability of unenhanced data- ~ I) including data which are from the point of view of a data user- (p) functionally equivalent to the multispectral data gen- erated by the Landsat I and 2 satellites: and equipment used (B' compatible with such data and with to receive and process such data, and (2) at an annual volume at least equal to the Federal usage provided using whatever technologies during fiscal year may .be (c) Data continuity are available. DATA CONTINUITY AND AVAII.AB1I.I1'1 SEC. 302. The Secretary shall solicit proposals from United States private sector parties las defined by the Secretary data conti Pursuant to nuity pable of p ovidi gd operation I., V-Sc 4222 section 202) for a contract orcathe d remote-sensing space system unenhanced data in for a period of six years and for marketing 01 and 602. with the provisions of sections 6. Such propos als, at a minimum, shall asify- nd qualities of unenhanced data expected tl) the quantities from the system; which operations could begin; their (21 the projected date upon constructed (3) the number of satellites to be he Sysm; expected lifetimes; develop t s offered to (4) any need for Federal funding (5) any percentage of sales receipts or other return the Federal Government; the market for land remote Bening (6) plans for expanding unity data; and procedures for meeting the national sec (i) the Proposed States in concerns and international sect obligations of the United accordance AWARDING OF THE CONTRACT requirements of this title, 2 t.Sc 42 SEc *23 303. (a shall evaluate th proposals described in section 30 and, by means of a competitive Secretary' process and to the extent provided Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 PUBLIC LAW 4r-365--JULY" 17, 19+4 98 STAT. 457 advance by appropriation Acts, shall contract with the United States private sector party for the capability of providing data continuity for a period of six years and for marketing unenhanced data. (2) Before commencing space operations the contractor shall obtain a license under title IV. (b) As part of the evaluation described in subsection (a). the Secretary shall analyze the expected outcome of each proposal in terms of- (1) the net cost to the Federal Government of developing the recommended system; (2) the technical competence and financial condition of the contractor; (3) the availability of such data after the expected termination of the Landsat system; (4 1 the quantities and qualities of data to be generated by the recommended system; (5) the contractor's ability to supplement the requirement for data continuity by adding, at the contractor's expense, remote- sensing capabilities which maintain United States leadership in remote sensing; (6i the potential to expand the market for data; (7) expected returns to the Federal Government based on any percentage of data sales or other such financial consideration offered to the Federal Government in accordance with section 305; (8) the commercial viability of the proposal; (9) the proposed procedures for satisfying the national secur- ity concerns and international obligations of the United States; (10) the contractor's ability to effect a smooth transition with any contractor selected under title II; and (11) such other factors as the Secretary deems appropriate and relevant. (c) Any decision or proposed decision by the Secretary to enter congress into any such contract shall be transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Science and Technology of the House of Representatives for their review. No such decision or proposed decision shall be implemented unless (1) a period of thirty calendar days has passed after the receipt by each such committee of such transmittal, or (2) each such committee before the expiration of such period has agreed to transmit and has transmitted to the Secretary written notice to the effect that such committee has no objection to the decision or proposed decision. As part of the transmittal, the Secretary shall include the information specified in subsection (a). (d) If, as a result of the competitive process required by this Report section, the Secretary receives no proposal which is acceptable under the provisions of this title, the Secretary shall so certify and fully report such finding to the Congress. As' soon as practicable but not later than thirty days after so certifying and reporting, the Secretary shall reopen the competitive process. The period for the subsequent competitive process shall not exceed one hundred and eighty days. If, after such subsequent competitive process, the Secre- tary receives no proposal which is acceptable under the provisions of this title, the Secretary shall so certify and fully report such finding to the Congress. Not earlier than ninety days after such certification and report, the Secretary may assure data continuity by procure- Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 ment and operation by the Federal Government of the necessary systems, to the extent provided in advance by appropriation Acts. SEC. 304. (a) Any contract entered into pursuant to this title- (1) shall be entered into as soon as practicable, allowing for the competitive procurement process required by this title; (2) shall, in accordance with criteria determined and pub- lished by the Secretary, reasonably assure data continuity for a period of six years, beginning as soon as practicable in order to minimize any interruption of data availability; (3) shall provide that the contractor will offer to sell and deliver unenhanced data to all potential buyers on a nondis- . criminatory basis; (4) shall not provide a guarantee of data purchases from the contractor by the Federal Government; (5) may provide that the contractor utilize, on a space-avail- able basis, a civilian United States Government satellite or vehicle as a platform for a civil land remote-sensing space system, if- (A) the contractor agrees to reimburse the Government immediately for all related costs incurred with respect to such utilization, including a reasonable and proportionate share of fixed, platform, data transmission, and launch costs; and (B) such utilization would not interfere with or otherwise compromise intended civilian Government missions, as de- termined by the agency responsible for the civilian plat- form; and (6) may provide financial support by the United States Gov- ernment, for a portion of the capital costs required to provide data continuity for a period of six years, in the form of loans, loan guarantees, or payments pursuant to section 305 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 255). (bi(1) Without regard to whether any contract entered into under this title is combined with a contract under title II, the Secretary shall promptly determine whether the contract entered into under this title reasonably effectuates the purposes and policies of title II. Such determination shall be submitted to the President and the Congress, together with a full statement of the basis for such determination. . - (2) If the Secretary determines that such contract does not reason- ably effectuate the requirements of title II, the Secretary shall promptly carry out the provisions of such title to the extent pro- vided in advance in appropriations Acts. Sr.c. 305. (a) In order to promote aggressive marketing of land remote-sensing data, any contract entered into pursuant to this title Viav r. rovide that the percentage of sales paid by the contractor to the re-deral Government shall decrease according to stipulates in- creases in sales levels. (b) :After the Eix-year period described in section 304iah2), the contractor may continue to sell data. If licensed under title IV, the 98 ST.,!J. 458 July 17 LANDSAT COMMERCIA contractor may continue to operat. system. REPOR Sac. 306. Two vears after the dat six-year period described in sectior report to the President and to the ( transition to fully private financin, remote-sensing space systems, toget for actions, including actions nece leadership in civilian land remote se. TERMINATION or SEc. 307. The authority granted to terminate ten years after the date of TITLE IV-LICENSING OF PRI SPACE SY: GENERAL AV' SEC. 401. (aXI) In consultation a agencies, the Secretary is authorized to operate private remote-sensing st the Secretary may specify and in acc this title. (2) In the case of a private space sensing and other purposes, the aw this title shall be limited only to th such space system. (b) No license shall be granted by tary determines in writing that the requirements of this Act, any regui Act, and any applicable internationa my concerns of the United States. (c) The Secretary shall review any urination thereon within one hundre( of such application. If final action time, the Secretary shall inform the and of actions required to resolve the, (d) The Secretary shall not deny any existing licensee from competitio CONDITIONS FOR Sec. 402. (a) No person who is sub;' of the United States may, directly affiliate, operate any private remote- license Pursuant to section M. (b) Any license issued pursuant t minimum, that the licensee shall c meats of this Act and shall- (1) operate the system in suc promote the national security observe and implement the it United States in accordance w-itr. 98 S1 A'+ Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 :'nd SF:SS. .lulu I; -al "ernment of the necessary i advance by appropriation Acts. add into pursuant to this title- soon as practicable, allowing for process required by this title; it criteria determined and pub- .ably assure data continuity for a : s soon as practicable in order to ata availability; :ontractor will offer to sell and it potential buyers on a nondis- 'ntee of data purchases from the rn ment; .tractor utilize, on a space-avail- States Government satellite or civil land remote-sensing space s to reimburse the Government i costs incurred with respect to reasonable and proportionate data transmission, and launch i not interfere with or otherwise .an Government missions, as de- esponsible for the civilian plat- ? by the United States Gov. 'a, 31 costs required to provide su years, in the form of loans, pursuant to section 305 of the :rative Services Act of 1949 (41 any contract entered into under :ct under title II, the Secretary the contract entered into under iurposes and policies of title 11. tted to the President and the itement of the basis for such such contract does not reason- title 11, the Secretary shall of such title to the extent pro- -'. cts. aggressive marketing of land :tered into pursuant to this title sales paid by the contractor to we according to stipulated in- :ribed in section 304(aX2), the if licensed under title IV, the .ludo 17 1.:1N1)SAT ('0.111FRCIA1.17. T1ON ACT , 1 .I.. lift-1fi.i contractor may continue to operate a civil remote-sensing space system. REPORT Sec. 306. Two years after the date of the commencement of the six-year period described in section 304(aX2), the Secrets report to the President and to the Congress on the progress ~' shall transition to fully private financing, ownership, and operation the remote-sensing space systems, together with any recommendations for actions, including actions necessary to ensure United States leadership in civilian land remote sensing from apace. TERMINATION OF AUTHORITY Sec. 307. The authority granted to the Secretary by this title shall terminate ten years after the date of enactment of this Act. TITLE IV-LICENSING OF PR IVATE REMOTE-SENSLN'G SPACE SYSTEMS GENERAL AUTHOR Ty SEC. 401. (a)(1) In consultation with other appropriate Federal agencies, the Secretary is authorized to license private sector parties to operate private remote-sensing space systems for such period as the Secretary may specify and in accordance with the provisions of this title. (2) In the case of a private space system that is used for remote sensing and other purposes, the authority of the Secretary under this title shall be limited only to the remote-sensing operations of such space system. (b) No license shall be granted by the Secretary unless the Secre- tarydetermines in writing that the applicant will comply with the requirements of this Act, any regulations issued pursuant to this Act, and any applicable international obligations and national secu- rity concerns of the United States. (c) The Secretary shall review any application and make a deter- mination thereon within one hundred and twenty days of the receipt of such application. If final action has not occurred within such time, the Secretary shall inform the applicant of any pending issues and of actions required to resolve them. (d) The Secretary shall not deny such license in order to protect any existing licensee from competition. CONDITIONS FOR OPERATION SEC. 402. (a) No person who is subject to the jurisdiction or control of the United States may, directly or through any subsidiary or affiliate, operate any private remote-sensing space system without a license pursuant to section 401. (b) Any license issued pursuant to this title shall specify, at a minimum, that the licensee shall comply with all of the require- ments of this Act and shall- (1) operate the system in such manner as to preserve and promote the national security of the United States and to observe and implement the international obligations of the United States in accordance with section 607; 98 STAT. 459 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 9t` STAT. 460 PUBLIC LAW 98-365-JULY 17, 1984 (2) make unenhanced data available to all potential users on a nondiscriminatory basis; (3) upon termination of operations under the license, make disposition of any satellites in space in a manner satisfactory to the President; (4) promptly make available all unenhanced data which the Secretary may request pursuant to section 602; (5) furnish the Secretary with complete orbit and data collec- tion characteristics of the system, obtain advance approval of any intended deviation from such characteristics, and inform ILLEGIB (6) notify the Secretary of iaany to enter with a foreign nation, entity, or consortium involving foreign nations or entities; -inspeetien-by -the-Secretary of the -licensee's equipment, facilities, and financial records; (8) surrender the license and terminate operations upon noti- fication by the Secretary pursuant to section 403(aXl); and (9XA) notify the Secretary of any "value added" activities (as defined by the Secretary by regulation) that will be conducted by the licensee or by a subsidiary or affiliate; and (B) if such activities are to be conducted, provide the Secre- tary with a plan for compliance with the provisions of this Act concerning nondiscriminatory access. ADMINISTRATIVE AUTHORITY OF THE SECRETARY SEC. 403. (a) In order to carry out the responsibilities specified in this title, the Secretary may- (1) grant, terminate, modify, condition, transfer, or suspend licenses under this title, and upon notification of the licensee may terminate licensed operations on an immediate basis, if the Secretary determines that the licensee has substantially failed to comply with any provision of this Act, with any regulation issued under this Act, with any terms, conditions, or restrictions of such license, or with any international obligations or national security concerns of the United States; (2) inspect the equipment, facilities, or financial records of any licensee under this title; (3) provide penalties for noncompliance with the require- ments of licenses or regulations issued under this title, includ- ing civil penalties not to exceed $10,000 (each day of operation in violation of such licenses or regulations constituting a sepa- rate violation); (4) compromise, modify, or remit any such civil penalty; (5) issue subpenas for any materials, documents, or records, or for the attendance and testimony of witnesses for the purpose of conducting a hearing under this section; (6) seize any object, fecord, or report where there is probable cause to believe that such object, record, or report was used, is being used, or is likely to be used in violation of this Act or the requirements of a license or regulation issued thereunder; and (7) make investigations and inquiries and administer to or take from any person an oath, affirmation, or affidavit concern- ing any matter relating to the enforcement of this Act. (b) Any applicant or licensee who makes a timely request for review of an adverse action pursuant to subsection (axl), (ax3), or N ( Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 PUBLIC LAW 96-365-JULY 17, 1954 QC STAY iax6i shall be entitled to adjudication by the Secretary on the record after an opportunity for an agency hearing with respect to such adverse action Any final action by the Secretary under this subsec- tion shall be subject to judicial review under chapter 7 of title 5, United States ('ode. RE C ULATORY AUTHORrrY OF THE SECRETARY 5 Usc (1 % rl ,ev SEC. 404. The Secretary. may issue regulations to carry out the 1:, L'SC 4244 Provisions of this title. Such regulations shall be promulgated only after public notice and comment in accordance with the provisions of section 553 of title 5, United States Code. AGENCY ACTIVITIES SEC 405. (a) A private sector party may apply for a license to t.; use 4~4.; operate a private remote -sensing space system which utilizes, on a space-available basis, a civilian United States Government satellite or vehicle as a platform for such system. The Secretary, pursuant to the authorities of this title, may license such system if it meets all conditions of this title and- (1) the system operator agrees to reimburse the Government immediately for all related costs incurred with respect to such utilization, including a reasonable and proportionate share of fixed, platform, data transmission, and launch costs; and (2) such utilization would not interfere with or other-wise compromise intended civilian Government missions, as deter- mined by the agency responsible for such civilian platform. f b) The may offer assistance to private sector parties in g appropriate opportunities for such utilization. (c) To the extent provided in advance by appropriation Acts, any Federal agency may enter into agreements for such utilization if such agreements are consistent with such agency's mission and statutory authority, and if such remote-sensing space system is licensed by the Secretary before commencing operation. (d) The provisions of this section do not apply to activities carried out under title V. (e) Nothing in this title shall affect the authority of the Federal Communications Commission pursuant to the Communications Act of 1934, as amended (47 U.S.C. 151 et seq.). TERMINATION SEC. 406. If, five years after the expiration of the six-year described in section 304(aX2), no private sector artperiod 1.; USC 4246. licensed and continued in operation under the provislor s of this title, the authority of this title shall terminate. TITLE V-RESEARCH AND DEVELOPMENT CONTLNUED FEDERAL RESEARCH AND DEVELOPMENT SEC. 501. (aXI) The Administrator of the National Aeronautics and is USC 4261. Space Administration is directed to continue and to such Administration's programs of remote enhance development. -sensing research and (2) The Administrator is authorized and encouraged to- I Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 9S STAT. 462 PUBLIC LAW 9S-365--JULY 17, 19S4 (A) conduct experimental space remote-sensing programs (including applications demonstration programs and basic research at universities); (B) develop remote-sensing technologies and techniques, including those needed for monitoring the Earth and its environ- ment; and (C) conduct such research and development in cooperation with other Federal agencies and with public and private research entities (including private industry, universities, State and local governments, foreign governments, and international organizations) and to enter into arrangements (including joint ventures which will foster such cooperation. (bkl( The Secretary is directed to conduct a continuing program of- (A) research in applications of remote-sensing; (B) monitoring of the Earth and its environment; and (C) development of technology for such monitoring. (2) Such program may include support of basic research at univer- sities and demonstrations of applications. (3) The Secretary is authorized and encouraged to conduct such research, monitoring, and development in cooperation with other Federal agencies and with public and private research entities (including private industry, universities, State and local govern- ments, foreign governments, and international organizations) and to enter into arrangements (including joint ventures) which will foster such cooperation. (cM1) In order to enhance the United States ability to manage and utilize its renewable and nonrenewable resources, the Secretary of Agriculture and the Secretary of the Interior are authorized and encouraged to conduct programs of research and development in the applications of remote sensing using funds appropriated for such purposes. (2) Such programs may include basic research at universities, demonstrations of applications, and cooperative activities involving other Government agencies, private sector parties, and foreign and international organizations. (d) Other Federal agencies are authorized and encouraged to conduct research and development on the use of remote sensing in fulfillment of their authorized missions, using funds appropriated for such purposes. Report (e) The Secretary and the Administrator of the National Aeronau- tics and Space Administration 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 research 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 atmosphere, the needs for additional research (includ- ing research related to. operational Federal remote-sensing space programs), and opportunities available for further progress. USE OF EXPERIMENTAL DATA 15 USC 4262 SEc. 502. Data gathered in Federal ex s ace perimental remote-sensing pace programs may be used in related research and development programs funded by the Federal Government (including applications I Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 STAT PUBLIC LAW 9~-365-JULY 17. 19S4 programs) and cooperative research programs, but not for commer. cial uses or in competition with private sector activities, except pursuant to section 503. SALE OF EXPERIMENTAL DATA SEC 503. Data gathered in Federal experimental remote-sensing space programs may be sold en bloc through a competitive process (consistent with national security interests and international obliga- tions of the United States and in accordance with section 60-) to any United States entity which will market the data on a nondiscrimina- tory basis. TITLE VI-GENERAL PROVISIONS NONDISCRIMINATORY DATA AVAILABILITY SEC 601. (a) Any unenhanced data generated by any system operator under the provisions of this Act shall be made available to all users on a nondiscriminatory basis in accordance with the requirements of this Act. (b) Any 'stem operator shall make publicly available the prices, pollc-es:.pracedure5--and9_iher-1erms-and conditien&(but, in accord- ance with section 10413>tC), not necessarily the names of buyers or their purchases) upon which the operator will sell such data. ARCHIVING OF DATA SEC. 602. (a) It is in the public interest for the United States Government- (1) to maintain an archive of land remote-sensing data for historical, scientific, and technical purposes, including long- term global environmental monitoring; (2) to control the content and scope of the archive; and (3) to assure the quality, integrity, and continuity of the archive. (b) The Secretary shall provide for long-term storage, mainte- nance, and upgrading of a basic, global, land remote-sensing data set (hereinafter referred to as the "basic data set") and shall follow reasonable archival practices to assure proper storage and preserva- tion of the basic data set and timely access for parties requesting data. The basic data set which the Secretary assembles in the Government archive shall remain distinct from any inventory of data which a system operator may maintain for sales and for other purposes. (c) In determining the initial content of, or in upgrading, the basic data set, the Secretary shall- (1) use as a baseline the data archived on the date of enact- ment of this Act; (2) take into account future technical and scientific develop- ments and needs; (3) consult with and seek the advice of users and producers of remote-sensing data and data products; (4) consider the need for data which may be duplicative in terms of geographical coverage but which differ in terms of season, spectral bands, resolution, or other relevant factors; 98 STAT 463 Public a~ailabi lr, L t' S(-0 271 1 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 ILLEGIB 9S STAT. 464 PUBLIC LAW 9r-365-JULY 17. 194 Public a%ailabilitc (5) include, as the Secretary considers appropriate, unen- hanced data generated either by the Landsat system, pursuant to title III, or by licensees under title IV; (6) include, as the Secretary considers appropriate, data col- lected by foreign ground stations or by foreign remote-sensing space systems; and (7) ensure that the content of the archive is developed in accordance with section 607. (d) Subject to the availability of appropriations, the Secretary shall request data needed for the basic data set and pay to the providing system operator reasonable costs for reproduction and transmission. A system operator shall promptly make requested data available in a form suitable for processing for archiving. (e) Any system operator shall have the exclusive right to sell all data that the operator provides to the United States remote-sensing data archive for a period to be determined by the Secretary but not to exceed ten years from the date the data are sensed. In the case of data generated from the Landsat system prior to the implementa- tion of the contract described in section 202(a), any contractor selected pursuant to section 202 shall have the exclusive right to market such data on behalf of the United States Government for the duration of such contract. A system operator may relinquish the exclusive right and consent to distribution from the archive before the period of exclusive right has expired by terminating the offer to sell particular data. (f) After the expiration of such exclusive right to sell, or after relinquishment of such right, the data provided to the United States remote-sensing data archive shall be in the public domain and shall be made available to requesting parties by the Secretary at prices reflecting reasonable costs of reproduction and transmittal. (g) In carrying out the functions of this section, the Secretary shall, to the extent practicable and as provided in advance by appropriation Acts, use existing Government facilities. SEC. 603. Unenhanced data distributed by any system operator under the provisions of this Act may be sold on the condition that such data will not be r c r. REIMBURSEMENT FOR ASSISTANCE SEC. 604. The Administrator of the National Aeronautics and Space Administration, the Secretary of Defense and the heads of other Federal agencies may provide assistance to system operators under the provisions of this Act. Substantial assistance shall be reimbursed by the operator, except as otherwise provided by law. ACQUISITION OF EQUIPMENT SEC. 605. The Secretary may, by means of a competitive process, allow a licensee under title IV or any other private party to buy, lease, or otherwise acquire the use of equipment from the Landsat system, when such equipment is no longer needed for the operation of such system or for the sale of data from such system. Officials of other Federal civilian agencies are authorized and encouraged to cooperate with the Secretary in carrying out the provisions of this section. Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05T02051 R000200370001-8 PUBLIC LAW 95-365-JULY 1-4, 19S4 9ti STAT. 465 RADIO FREQUENCY ALLOCATION SEC. 606. (a) Within thirty days after the date of enactment of this Presider, of L" S Act, the President for the President's delegee, if any, with authority I USC 4 .^ over the assignment of frequencies to radio stations or classes of radio stations operated by the United States) shall make available for nongovernmental use spectrum presently allocated to Govern? ment use, for use by United States Landsat and commercial remote- sensing space systems. The spectrum to be so made available shall conform to any applicable international radio or wire treaty or convention, or regulations annexed thereto. Within ninety days thereafter, the Federal Communications Commission shall utilize appropriate procedures to authorize the use of such spectrum for nongovernmental use. Nothing in this section shall preclude the ability of the Commission to allocate additional spectrum to com- mercial land remote-sensing space satellite system use. (bi To the extent required by the Communications Act of 1934, as amended 147 U.S.C. 151 et seq.), an application shall be filed with the 47 L'SC ho?l Federal Communications Commission for any radio facilities in- volved with the commercial remote-sensing space system. tci It is the intent of Congress that the Federal Communications Commission complete the radio licensing process under the Commu- nications Act of 1934, as amended (47 U.S.C. 151 et seq.), upon the application of any private sector party or consortium operator of any commercial land remote-sensing space system subject to this Act, within one hundred and twenty days of the receipt of an application for such licensing. If final action has not occurred within one hundred and twenty days of the receipt of such an application, the Federal Communications Commission shall inform the applicant of any pending issues and of.actions required to resolve them. )d) Authority shall not be required from the Federal Communica- tions Commission for the development and construction of any United States land remote-sensing space system (or component STAT thereof), other than radio transmitting facilities or components, while any licensing determination is being made. (e) Frequency allocations made pursuant to this section by the Federal Communications Commission shall be consistent with inter- national obligations and with the public interest. CONSULTATION SEC. 607. (a) The Secretary shall consult with the Secretary of N,fen;e and Defense on all matters under this Act affecting national security. do tai The Secretary of Defense shall be responsible for determining those I,-, use 4_,77 conditions, consistent with this Act, necessary to meet national security concerns of the United States and for notifying the Secre- tary promptly of such conditions. (bx l) The Secretary shall consult with the Secretary of State on all matters under this Act affecting international obligations. The Secretary of State shall be responsible for determining those condi- i t ons, consistent with this Act, necessary to meet international obligations and policies of the United States and for notifying the Secretary promptly of such conditions. (2) Appropriate Federal agencies are authorized and encouraged to provide remote-sensing data, technology, and training to develop- ing nations as a component of programs of international aid. STAT I Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05T02051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 ? STAT. 466 PUBLIC LAW 9S-365-JULY 17. 1954 (3) The Secretary of State shall promptly report to the Secretary any instances outside the United States of discriminatory distribu- tion of data. (c~ If, as a result of technical modifications imposed on a system operator on the basis of national security concerns, the Secretary, in consultation with the Secretary of Defense or with other Federal agencies, determines that additional costs will be incurred by the system operator, or that past development costs (including the cost of capital) will not be recovered by the system operator, the Secre- tary may require the agency or agencies requesting such technical modifications to reimburse the system operator for such additional or development costs, but not for anticipated profits. Reimburse- ments may cover costs associated with required changes in system performance, but not costs ordinarily associated with doing business abroad. L' SC not,- I., USC U'1 note AMENDMENT TO NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION, 1983 SEC. 605. Subsection (a) of section 201 of the National Aeronautics and Space Administration Authorization Act, 1983 (Public Law 97- 324; 96 Stat. 1601) is amended to read as follows: "(a) The Secretary of Commerce is authorized to plan and provide for the management and operation of civil remote-sensing space systems, which may include the Landsat 4 and 5 satellites and associated ground system equipment transferred from the National Aeronautics and Space Administration; to provide for user fees; and to plan for the transfer of the operation of civil remote-sensing space systems to the private sector when in the national interest.". AUTHORIZATION OF APPROPRIATIONS SEC. 609. (a) There are authorized to be appropriated to the Secretary $75,000,000 for fiscal year 1985 for the purpose of carrying out the provisions of this Act. Such sums shall remain available until expended, but shall not become available until the time peri- ods specified in sections 202(c) and 303(c) have expired. (b) The authorization provided for under subsection (a) shall be in addition to moneys authorized pursuant to title II of the National Aeronautics and Space Administration Authorization Act, 1983. TITLE VII-PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES President of U S SEC. 701. Neither the President nor any other official of the 17 -- 1 -1 Government shall make any effort to lease, sell, or transfer to the private sector, commercialize, or in any way dismantle any portion of the weather satellite systems operated by the Department of Commerce or any successor agency. I Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8 PUBLI(' LAW 9,~-3G,-,-Jt'Ll' 1 1p?4 ki, FLTL'RE CONSIDERATIONS SEC 702. Regardless of any change in circumstances subsequent to the enactment of this Act, even if such change makes it appear the national interest to commercialize weather satellites, neither t the President nor any official shall take any action prohibited be section 701 unless this title has first been repealed. Approved July 1;, 1954 LEGISLATIVE HISTORY-H.R. 5135 HOUSE REPORT NoNo 9P-647 Comm SENATE REPORT on Science and Technology., N 9F-45K 'ComN111154841: on Commerce Science. and Trans CONGRESSIONAL RECORD, Vol. portation, Apr 9, considered and passed House June r, considered and passed Senate, amended June 2 . House concurred in Senate amendment with an amendment. June 29. Senate concurred in House amendment WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS. Vo1 20, No. 29 (1y.4July IT. Presidential statement. Sanitized Copy Approved for Release 2011/08/18: CIA-RDP05TO2051 R000200370001-8