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April 9, 1984
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Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 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 Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 LAND REMOTE-SENSING COM- Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 11 2468 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. Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 April .9, 1984 CONGRESSIONAL RECORD - HOUSE H 2469 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. Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 i Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 H 2470 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. Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 11 2472 CONGRESSIONAL RECORD - HOUSE 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 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- Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 April' 9, 1984 Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 CONGRESSIONAL RECORD - HOUSE H 2473 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. Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 N 2474 CONGRESSIONAL RECORD - HOUSE 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- Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 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. Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 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 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- Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1 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, Approved For Release 2011/08/18: CIA-RDP05TO2051 R000200370008-1