LAND REMOTE SENSING SATELLITE COMMERCIALIZATION ACT OF 1984

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000200290008-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 21, 2016
• Document Release Date: September 11, 2008
• Sequence Number: 8
• Publication Date: June 8, 1984
• Content Type: OPEN SOURCE

June 3, 1084
aavImbaY COSOrIYTma
Sec. S. (a) EsTAarasfMErrr.-Tile Secretary
shall establish a Mfasm[aetusing Btdence and
Technology Rabaaveare it Advisory Com-
mittee to advise the Secretary eoneerrdng
the activities to be Conducted under this
Act. The Advisory Cosasittee abou have
representation from teehsaelsgy-smsitive itr
dustrial sectors, from labor, from the marrna-
factusing research eomrmrtnhty. and from
such other sectors as the Secretary consid-
er appropriate. Such members shall be ap-
Pointed by the Secretary for a term of 2
Years, and shall receive no corppensation.
Any such member shall. In accordance with
section 6703 of title S. United States Code,
be entitled to reimbursement for travel or
transportation expenses incurred in the per-
formance of responsibilities as a member of
the Advisory Committee.
(b) Fuxccrrous.-The Advisory Committee
shall-
(1) review the policies and selection crite-
ria for grants made and cooperative agree-
ments entered into under this Act;
(2) review the program of the Secretary of
Commerce In meeting an the requirements
of this Act;
(3) assess the effectiveness of the activi-
ties funded pursuant to this Act; and
(4) submit to the Secretary, at least annu-
ally, evaluations and recommendations re-
garding activities carried out under this Act.
(c) REPORT.-The Advisory Committee
shall submit to the Congress an annual
report on its activities under this Act.
(d) APPtrcARnLTY. TLe Advisory Commit-
tee shall be subject to the Federal Advisory
Committee Act (6 U.B.C. App. 1 etseq.).
The amendment was agreed to.
The bill was ordered to be engrossed
for a third reading, read the third
time, and passed.
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
bill was passed.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
LAND REMOTE SENSING SATEL-
LITE COMMERCIALIZATION
ACT OF 1984
The Senate proceeded to consider
the bill (R.R. 5155) to establish a
system to promote-the use of land
remote-sensing satellite data, and for
other purposes, which had been re-
ported from the Committee on Com-
merce, Science, and Transportation
with an amendment to strike all after
the enacting clause and insert:
That this Act may be cited as the Lend
Remote Sensing Setellile Csnantrowfaa
tion Act of 1984':
TITLE I-DECLARATION OF FINDINGS
AND PURPOSES
nwemevs
Sze. 101. The Congress finds and declares
that-
(1) the Federal Government's experimental
Landsat system has established the United
States as the world leader in land remote
sensing satellite technology;
(2) the continuous collection of land
remote sensing data from satellites is of
major benefit in managing the Earth's natu-
ral resources;
(3) private sector involvement in space
can provide sound bases for the future
growth of space-based technologies;
(4) it is necessary to determine the extent
to which it is appropriate and in the nation-
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CONGRESSIONAL RECORD - SENATE S 6853
at interest for Me private sector to assume civil land remote sensing satellites involy-
responsibility Aw civil land Nnmote sensing ing rectification of distortions registration
satellite arstevt operations and data manage- with respect to Jbatura of the Earth. and
ment- calibration of spectral response; the term
(5) the existing civil land remote sensing does not include conclusions, manipula-
sYstem of the Unwed Stake taewies inpsr- lions, or calculations derived from such sig-
tent isthrnetitsv comuritne,Ns; nals or combination. of the signals with
(6) civil hand tRmsa/ semi ,.g involve, rele- other data or injbrmatfon; and
vant national scurf cosseernr (5) "United States private entity" means
(Ti it is in Ott natisnat aeiavet ts prsfao(e any citizen of the United States or any non-
the establishment of private land nrwoM governmental entity or consortium of enti-
sensing ventures; ties, the majority of whose assets is owned
(8) private industry is Jest salted in devil- by citizens of the United States the majority
op markets for remote sensing dace; of whose personnel is comprised of citizens
(9) it is doubtful that the private sector of the United States, and whose principal
alone currently can develop s Wet lend place of business is in the united States.
remote sensing system because of the high
risk @rW t TITLE II-OPltltd?1011id1yDD,iTI
(10) 1 cooperation capital between th usen the FanlFeaal (Ape. MARKETING OF LANA I SYSTEM
ernmeat and private indmtbp I. necessary aa-ARA?ra71N
to manage effectistist the esisti g Landsat Sac M. (a) The Department of Commerce
system ee as to ensure data continuity, to shall be responsible for-
honor international and national security (1) the orbit and data collection of Land-
responathilities and is broaden the data sat 4, and disposition of Landsat 4 upon the
market enough to aprsrt sWseilf dent pri- termination of its useful operation, as deter-
sate vent urss; and
iddblihd
mne an puse by the Secretary;
(11) such cooperation should be structured (2) the orbit and data collection a! Land-
to utinistiae the -oast
1 s
i
d
*
eyrot
mu
reg
-
ulation by the Federal Government, while
assuring continuous avsAaliite to the Fed-
eral Government W. land inmate sensing
data
PWRJKNW
SEc. 2P2. The purposes 4< this Aet are to.-
(1) guide the Federal flowenrment in
achieving proper involvement of Ae private
sector by providing afruesework for gradual
commercialization of land rensete sensing
allowing an increasing private role as the
market for data expands, and maturing tow-
tinuous data availability to &e Federal
Government;
(2/ preserve the leading position of the
United States in civil land remote ~091
preserve the national security, and honor
the international obligations of the United
States;
(3) reaffirm the right of all Nations to
sense the Earth's surface and acquire land
remote sensing data, so long as such data
are made available to all potential users on
a nondiscriminatory bests; and
(4) miniseize the duration and amount of
further Federal investment nowasury to
assure data continuity tabibr achieving com-
mercialization of civil land reneob sensing
D"BEFTFOWD
SEc. 103. For purposes of this Act. the
term-
(1) "Landsat systems- me?aus Landsat 4
and Laudsst 5, and misted glowed equip-
sat 5, and disposition of Landsat 5 upon the
termination of its useful operation, as deter-
mined and published by the Secretary;
(3) ground equipment and facilities which
are used to operate the Landsaf system; and
(4) provision of data to foreign ground
stations under the terms of sststing Memo-
randa of Understanding beta en the United
States Government and nations that operate
ground stations.
(b) The Department of Cotmaaeree may
extend any such Memoranda of Understand-
ing if such extension provides for their expi-
ration upon the termination of the use/sd
operation of the Landsat systems.
Ic) The provisions of this section dual; not
prohibit the Department of Cmminerce from
continuing to contract for the operation of
use Landsat svsten so long as the United
States Government retains-
(1) ownership of the system;
(2) ownership of the unenhaneed data;
and
(3) authority to make decisions concern.
ing operation of the system.
MARREtINO OF UNapvN.4 ID DATA
SEc. 202. (a) In accordance with the re-
quirements of this title, the Secretary shall,
to the extent provided in advance by appro-
priation Acts by means of a competitive
process contract with a United States pri.
vane entity for One marketing of unenhanced
data collected by the Landsat system. Any
such contract shall provide that-
without preference, bias,_ or any arrange- enhanced data products. if the products are
ment that favors any purchaser or Gras of always available to all potential users on a
purchasers over seethe,- aura that- nondiscriminatory basis;
(A) data prtdaois an vwn/e available to (2) the contractor shaft compensate the
all potential buyers at standard published United States Government for the right to
prices; sell the data by payment of an initial fee, a
(B) an purchasers are given the saute op- percentage of data sales receipts, or some
portunities for access to date, such ax time- combination of arch lief and receipts;
lines* of availability and terms of defiveM (3) the contractor Mall pay to the United
and States GoversrNeui eke AN purchase price of
ICl special arrs*gesnew s, other than any any unenhanced data that the contractor
arrangement for exclusive access to data by elects to utilize for purpoun other than sale,
any purchaser, such as volumse discounts, in accordance with paragraph (41 of this
gathering of data with certain eharecterts- subsection;
tics requested by a purchaser, and mainte. (4) the contractor shall not engage in any
nance of secrecy regarding any such or. sale of processed data except in a manner
rangements are permissible if the aveilatbil- consistent with applicable antitrust laws;
ity and prices of suck services am published and
and uniformly available the alt data purchas- (5) the Secretary has determined that such
ems; contract is likely to result in cost savings for
(3) "Secretary" means the Secretary of the United States Government.
Commerce; (b) Prior to entering into such a contract,
(4) 'unenhanced data" means digital or the Secretary shall publish the requirements
minimally processed signals collected from of subsection (a)(1) through (3) of this sec-
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 S 6854
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CONGRESSIONAL RECORD - SENATE June 8, 1984
tion, and the contract shall be subject to
such requirements.
(c)(1) Any decision or proposed decision
by the Secretary to enter into any such con-
tract shall be transmitted to the Committee
on Commerce, Science, and Transportation
of the Senate and the Committee on Science
and Technology of the House of Representa-
tives for their review. No such decision or
proposed decision shall be implemented
unless (A) a period of 30 days of continuous
session of Congress has passed after the re-
ceipt by each such committee of such trans-
mittal or (B) each such committee before the
expiration of such period has, by vote of a
majority of its members, 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 de-
cision. As part of such transmittal, the Sec-
retary shall include the information speci-
fied in subsection (a)(1) through (5) of this
section.
(2) For purposes of this section-
(A) continuity of session is broken only by
an adjournment sine die; and
(B) days on which either House is not in
session because of an adjournment of more
than 5 days to a day certain are excluded in
the computation of such period.
AWARDING OF THE CONTRACT
SEC. 203. (a) The Secretary shall award
any such contract on the basis of-
(1) the financial return to the United
States Government, based on any initial fee
offered for marketing rights and any per-
centage of data sales receipts offered to the
United States Government;
(2) the ability to expand the market for
unenhanced land remote sensing data; and
(3) such otherfactors as the Secretary con-
siders appropriate.
(b) If, as a result of the competitive proc-
ess required by section 202(a) of this title,
the Secretary receives no proposal which the
Secretary determines to be 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 30 days after so certifying
and reporting, the Secretary shall reopen the
competitive process. The period for the sub-
sequent competitive process shall not exceed
120 days. If, after such subsequent competi-
tive process, the Secretary receives no pro-
posal which the Secretary determines to be
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
(c) Such contract may, in the discretion of
the Secretary, be combined with the contract
required by title III of this Act, pursuant to
section 305(b) of this Act
TITLE Ill-DATA CONTINUITY AFTER
THE LANDSAT SYSTEM
PURPOSE
SEC. 301. It is the purpose of this title to-
(1) provide for a transition from oper-
ation by the Federal Government to private,
commercial operation of civil land remote
sensing satellite systems;
(2) determine, with minimal risk during
the proposed transition period, whether
wholly private operation of land remote
sensing is in the best interests of the United
States;
(3) provide for the continuity of land
remote sensing satellite data after the termi-
DATA CONTINUITY
SEC. 302. The Secretary shall evaluate pro-
posals from United States private entities
for a contract for the development and oper-
ation of a system capable of generating land
remote sensing data, and marketing such
unenhanced data for a period of 6 years.
Such evaluation and any solicitation of pro-
posals shall be conducted by means of a
competitive process. Such proposals, at a
minimum, shall specify-
(1) the quantities and qualities of data ex-
pected from the system;
(2) the projected date upon which oper-
ations could begin;
(3) the number of satellites to be construct-
ed and their expected lifetimes;
(4) any need for Federal funding to devel-
op the system;
(5) any percentage of sales receipts offered
to the Federal Government;
(6) plans for expanding the market for
land remote sensing data, and
(7) the proposed relationship and proce-
dures for meeting the national security and
international obligations of the United
States.
NOTIFICATION REGARDING A WARPING OF THE
COA77UCT
SEC. 303. (a) The Secretary shall evaluate
the proposals referred to in section 30:.' of
this title and, to the extent provided in ad-
vance by appropriation Acts, may contract,
in accordance with section 401 of this Act,
with a United States private entity for the
provision by such entity of the capability of
generating land remote sensing data and
marketing such unenhanced data for a
period of 6 years. As part of such evaluation,
the Secretary shall analyze the expected out-
come of each proposal, in terms of-
(1) the availability of such data upon the
expected termination of the Landsat system;
(2) the quantities and qualities of data to
be generated by the recommended system;
(3) the cost to the Federal Government of
developing the recommended system;
(4) the potential to expand the market for
data,
(5) any percentage of data sales offered to
the Federal Government, in accordance with
section 304 of this title;
(6) the contractor's ability to advance
remote sensing technology and maintain the
technological leadership of the United States
in remote sensing;
(7) the commercial viability of the propos-
al,
(8) the technical competence and financial
condition of the contractor,'
(9) the proposed relationship and proce-
dures for satisfying the national security
and international obligations of the United
States; and
(10) such other factors, including the mar-
keting of unenhanced data from the Landsat
system, as the Secretary deems appropriate
and relevant
(b)(1) Any decision or proposed decision
by the Secretary to enter into any such con-
tract shall be transmitted to the Committee
on Commerce, Science, and Transportation
of the Senate and the Committee on Science
and Technology of the House of Representa-
tives for their review. No such decision or
proposed decision shall be implemented
unless (A) a period of 30 days of continuous
session of Congress has passed after the re-
ceipt by each such committee of such trans-
mittal or (B) each such Committee before
the expiration of such period has, by vote of
nation of the operation of the existing a majority of its members, agreed to trans-
system, as described in title II of this Act; mit and has transmitted to the Secretary
and written notice to the effect that such com-
(4) assure development of a land remote mittee has no objection to the decision or
sensing system that will result in cost sav- proposed decision. As part of such transmit-
ings for the United States Government tal, the Secretary shall include the informa-
tion specified in subsection (a) (1) through
(6) of this section.
(2) For purposes of this section-
(A) continuity of session is broken only by
an adjournment sine die; and
(B) days on which either House is not in
session because of an adjournment of more
than 5 days to a day certain are excluded in
the computation of such period.
(c) If, as a result of the competitive proc-
ess required by subsection (a) of this section,
the Secretary receives no proposal which the
Secretary determines to be 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 30 days after so certifying
and reporting, the Secretary shall reopen the
competitive process. The period for the sub-
sequent competitive process shall not exceed
180 days. If, after such subsequent competi-
tive process, the Secretary receives no pro-
posal which the Secretary determines to be
acceptable under the provisions of this title,
the Secretary shall so certify andfully report
such finding to the Congress. Not earlier
than 90 days after such certification and
report, the Secretary may assure data conti-
nuity by procurement and operation by the
Federal Government of the necessary sys-
tems, to the extent provided in advance by
appropriation Acts.
SIARKE2ING INCENTIVE
SEC. 304. In order to promote aggressive
marketing of land remote sensing data, any
contract entered into pursuant to this title
may provide that the percentage of sales
paid by the contractor to the Federal Gov-
ernment shall decrease according to stipu-
lated increases in sales levels.
TERMS OF TIfE CONTRACT
SEC. 305. (a) Any contract entered into
pursuant to this title-
(1) shall provide that the contractor will
offer to sell and deliver unenhanced land
remote sensing data to all potential buyers
on a nondiscriminatory basis;
(2) shall provide that the contractor will
engage in any sale of processed data only in
a manner consistent with applicable anti-
trust laws;
(3) shall not provide a guarantee of pur-
chases of data by the Federal Government
from the contractor;
(4) may provide that the contractor uti-
lize, on a space-available basis, civilian
Government satellites as platforms for a
civil land remote sensing satellite system,
it
(A) the contractor immediately reimburses
the Government for all related costs in-
curred with respect to such utilization, in-
cluding a reasonable and proportionate
share of fixed, spacecraft, data transmis-
sion, and launch costs; and
(B) such utilization would not interfere
with or otherwise in any way compromise
the intended civilian Government missions,
as determined by the agency responsible for
the civilian satellite; and
(5) may provide indirect and direct finan-
cial support by the United States Govern-
ment, including loans and loan guarantees,
payments pursuant to section 305 of the
Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 255) for a portion
of the capital costs required to provide the
follow-on capability, and other financial
considerations.
(b)(1) Without regard to whether any con-
tract entered into under this title is com-
bined with a contract under title II of this
Act, 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
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be submitted to the President and, the Con-
gress together with a full statement of the
basis for such determination.
(2) Zr the secretary determines that such
contract does not reasonably effectuate the
purposes and,policies of title 11 of this Act
the Secretary shall promptly attempt ..to
carry out the provisions ysuch title.
woRT
Sac 304. Within 2. years after the com-
mencement of operations of any system with
respect to which a contract has been entered
into under this Mtle, the Secretary shall
report to the Congress on the progress and
feasibility of the transition to total private
financing, operation. and ownership of a
land remote sensing satellite system, togeth-
er with any legislative recommendations to
accomplish such transition.
UTXORIZATION OFAPPROPRLAT7ON3
SEC 307. There are authorized to be appro-
priated for purposes of this title not to
exceed $60,000,000 for fiscal year 1985. Such
sums shall remain available until expended,
but shall not become available until the time
period specified in section 303(b)(1)(A) or
(B), as appropriate, has expired
TERMINATION OF A U78OR1TY
Sac 308. The authority granted by this
title shall terminate 10 years alter the date
of enactment o/ this Act
TITLE IV-PRIVATE LAND REMOTE
SENSING SYSTEMS
GENERAL AVIYIO ITY
Sac 401. (a) In consultation with other
appropriate Federal agencies, the Secretary
shall license qualified United States private
entities to operate civil land remote sensing
satellite systems for such period as the Secre-
tary may specify and in accordance with the
Provisions of this title
(b) No license shall be granted by the Sec-
retary unless the Secretary. determines its
writing that the applicant will comply with
the requirement of this Act any regulations
issued pursuant to this Act, and will meet
applicable international obligations and
national security concerns of the United
States.
CONDH7OAW FOR OPERATION
Sea 402. (a) No private sector party or
consortium may operate any civil land
remote sensing system which is wallet to
the Jurisdiction or control of the Untieid
States without obtaining a license pursuant
to section 401 of this title.
(b) Any license issued Pursuant to this
title shall specify, at a minimum, that the li-
censee shall-
(1) make available data generated by the
system to ail? potential users on a nondis-
criminatory basis;
(2) upon termination of its operations
under the license make disposition of any
satellites in space in a manner satisfactory
to the President;
(3) promptly make available to the Secre-
tary all data generated by the system, pursu-
ant to title VI of this Act;
(4) furnish the Secretary with complete
orbit and data collection characteristics of
the system, obtain advance approval of any
intended deviation from such characteris-
tics, and inform the Secretary immediately
of any unintended deviation;
(5) obtain advance approval from the Sec-
retary of any agreement it intends to enter
with a foreign nation, entity or consortium
involving foreign nations or entities;
(6) operate the system in a manner that is
consistent with international lava
(7) Permit the inspection of its facilities
and financial records;
(8) surrender the license and terminate op-
erations upon a finding by the Secretary
that continued operations would be detri-
mental to the national interest; and
(9) not snow, in any sale of processed
data. ceps in amannerconsistent with alp.
piianble antitrustlaws
OP 77IE *fCAi1 RY
SEC 403 The Secretary, in consultation
with appropriate Federal ageneims, shed be
reiponsibl4 for protection of nailbnal eecurt-
ty interests and agherenet to international
obiyatione of the Un_ iced. Stsb#r utdch are
fdievant to operation e~prtirste land remote
sensing satellite systems, including-
(1) responsibility for all land remote sens-
ing activities of nongovernmental entities of
the United States;
(2) liability for damage caused by space
objects under registration or license by the
Federal Government; and
(3) registration with appropriate interns- remote sensing resedreh and development
tional authorities of all objects launched activities, and is encouraged to conduct ex-
into space by nongovernmental entities of perimental remote sensing programs and to
the United States develop remote sensing technologies in sup-
A UJTIOR/TY OP 7711 SECRETARY port of its mission, and
SEa 404. In order to carry out the respon- (2) authorized and encouraged to-
sibilities specified in this Mtle, the Secretary (A) conduct such research and develop-
may- ment in cooperation with other public and
11) inspect the facilities or financial private research entities including private
records of any licensee under this title; and industry, universities, other Federal agen-
(2) provide, within the licenses or regula-
tions ties, State and local aoversnnent foreign soncompli- sneeJiiall ped, the rjbr equirements requirements creme penalties of for such licensee governments and international orpaniza-
or regulations issued under section 405 of acres; and
this title, tneluding ts>mfnraMon, modif ea- IB) enter into arrangements (including
tics or suspension of a license and civil Joint ventures and cooperative -agreements)
penalties not to exceed *14000L- which will foster cooperation out advance
Each day of operation in violation of such the state-of-the-art of remote sensing tech-
licenses or regulations shall constitute a Sep- nologfes
crate violation. (ts) In order to preserve the worldwide
REOULATORTAUTJloMTT OF TZa; 8ECJes7SrRY leadership of the United States in remote
81a 405 The Secretary may issue repute- sensing technologies and appe , the
tions to carry out the provisioner of this tale. Secretary, the Secretary as the luterlteri or and
Such regulations shall be promulgated only the Secretary of
after public notice and comment in accord- (1) shall continue nue research earch is o i gcatiohe
apex with the provisions of section 553 of of remote sensing date{, maeitortng of the
title 4 United States Cbdt Earth and its environment and deveiop-
AcsaNCYAC 7VJTas ment,of technologies for such monitoring;
and
Sze 400. (a) A private sector party may (2) are authorized and encouraged to-
apply .for a license to operate a civil land /A) conduct such research and devek-p-
space ava sensing ilable basystemsis, 'li which civilian lian a on United a ment in cooperation with.otlrerpublic and
space
states Government satellite or vehicle as a private research entities, induMM. private
indw wniversiMes, other Faderd agen-
-plabbr+n'fbr such system. The Secretary, ciesi State and local governmank foreign
vureve t .to the authorities of #hfs title neap governments and irnterwatiewtal orgarniaa-
.Barns" suchsystem {ft ueeet: ail condition: Mmu; and
of thts'tiMe and-
l1) the system operator immediately reim- (B) enter into arrangements (including
bursa the Government for all related coats Joint ventures and cooperative agreements)
incurred with respect to such utilization, in- which will foster cooperatioi% advance the
cludiny a reasonable and proportionate applications of remote sensing and enhance
Marc of fixed, spacecraft data transmis- monitoring activities and technologies.
sion, and launch costs; and Ile) In order to preserve- the worldwide
I2) such utilization would not interfere leadership of the United States in remote
with or otherwise in any way compromise sensing technologies and applications, other
intended civilian Government missions, as Federal agencies are encouraged to conduct
determined by ."the agency responsible for research and development Programs in
such civilian satellite. remote sensing if such programs are consist-
(b) The Secretary may offer assistance to ant with the authorized missions. of such
private sector parties in finding appropriate agencies.
opportunities for such utilization. USS Or EXPERIMENTAL DATE
(le) Tb the extent provided in advance by Sea 502. Data gathered in Federal expert-
appropriation Acts, any Federal agency may mental land remote sensing programs may
,enter into agreements for such utilization if be used in related research and development
such agreements are consistent with such Prams funded by the Federal Govern-
agency's mission and statutory Authority, meat including applications programs but
and V such remote sensing system is It- not for commeretal or in competition
censedby the Secretary. , With private sector ac~Mvities, aeMt as per-
(d) The provisions of this title shall not
she .11. milted by section 503 Qf this title.
a
l
at b
wow. acti
it
to carded
pp
y
o
y
v
y
tion pursuant to its authority under title IV S1r, 503. Data gathered in Federal expert-
,of the National Aeronautics and Space Act mental land remote sensing programs may,
of 1958 (42 U.S.C. 2481 st me.). by means .of a competitive process, be sold
le) Nothing in this section shall affect the en bloc (consistent with national security
authority of the Federal' Communications interests and international obligations of
Commission to assign r4dio frequencies pur- the United States) to any United States
suant to the Communications Act of 1934 entity which will market the data on a non-
(47 U.S.C. 151 et seq.). discriminatory basis.
S16855
TERMINATION
Sac. 407. The authority' granted by this
title shall terminate 20 years after the date
of enactment of this Act if no private sector
Party: or consortium has been licensed and
continues in operation'under Sus provisions
o/ this tali
TITLE V-CONTINUED REMOTE SENS-
ING RESEARCH AND DEVELOPMENT
F1D1/tAL,SSt4R0M AND DEVILOPMBNT
Sac 501. (a) In order to preserve the
worldwide leadership of the United States in
remote sensing technologies and applica-
tions, the Administrator of the National Aer-
onautics and Space Administration is-
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S 6856 CONGRESSIONAL RECORD - SENATE
TITLE VI-GENERAL PROVISIONS
NONDISCRIMINATORY AVAILABILITY OP DATA
SEC. 601. (a) Unenhanced land remote
sensing satellite data generated by any
system operator under the provisions Qf this
Act shall be made available to all users on a
nondiscriminatory basis, in accordance
with the requirements of this Act.
(b) For purposes of this title, the term
"system operator" means a contractor under
title II or III or a licensee under title IV of
this Act.
(c) Any system operator shall make public-
ly available the prices, policies, procedures
and other terms and conditions (but not the
names of buyers or their purchasers) 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 to-
(1) maintain an archive of remote sensing
satellite data for historical, scientific and
technical purposes, including long-term
global environmental monitoring;
(2) control the content and scope of the ar-
chive; and
(3) assure the quality and continuity of
the archive
(b) The Secretary shall provide for long
term storage, maintenance 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 pres-
ervation 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 dis-
tinct from any inventory. gf 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 Sec-
retary shall-
(1) use as a baseline the data currently ar-
chived;
(2) take into account future technical and
scientific developments and needs;
(3) consult with and seek the advice of
users and producers of remote sensing data
and data prodnctg
(4) consider the public need for data
which may be -duplicative in terms of geo-
graphical coverage but which differ in terms
of season, spectral bands, resolution, or
o ther Seteuant ,factors;
(5) include, as the Secretary considers ap-
propriate, unenheneed remote sensing data
generated either by the Landsat system, pur-
suant to title III, or by licensees under title
IV of this Act; and
(6) include, as the Secretary considers ap-
propriate, data collected by foreign ground
stations or by foreign remote sensing satel-
lite systems
(d) All original data for copies Qf such
data) shall on request be made promptly
available to the Secretary by any system op-
erator in a form suitable for processing for
data storage, maintenance and access. The
Secretary may (subject to the availability of
appropriations) pay to such system operator
reasonable costs for reproduction and trans-
mittal of any such data
(t) Any system operator shall have the ex-
clusive right to sell all data that t/de opera-
tor provides to the United States remote
sensing data archive for a period to be deter-
mined by the Secretary, but not to exceed 10
years from the date the data are sensed In
the case of data generated from the Landsat
system prior to the implementation of the
contract described in section 202(a) of this
Act any contractor selected pursuant to sec-
tion 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 operator's exclusive right and consent to
distribution from the archive before the
period of exclusive right has expired by ter-
minating the offer to sell particular data.
U) After 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 repro-
duction 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 Govern-
ment facilities.
NONREPRODUCTION
SEC 603. Unenhanced land remote sensing
data generated by any system operator
under the provisions of this Act may be sold
on the condition that such data shall not be
reproduced and disseminated by the pur-
chaser.
REIMBURSEMENT FOR ASSISTANCE
SEC. 604. The Administrator of the Nation-
al Aeronautics and Space Administration,
the Secretary of Defense and the heads of
other Federal agencies may provide assist-
ance to operators of remote sensing systems
under the provisions of this Act. Substantial
assistance shall be reimbursed by the opera-
tor, except as otherwise provided by law.
ACQUISITION OF EQUIPMENT
SEC. 605. The Secretary may, by means of a
competitive process, allow a licensee under
section 401 of this Act 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 author-
ized and encouraged to cooperate with the
Secretary in carrying out the provisions of
this section.
RADIO FREQUENCY ALLOCATION
SEC. 606. (a) Within 120 days after the
date of enactment of this Act, the Federal
Communications Commission shall deter-
mine the frequencies for use by United
States Landsat and commercial land remote
sensing satellite systems. In making such de-
termination, the Federal Communications
Commission shall seek the comments of the
Secretary or the Secretarys designated rep-
resentative.
(b) it is the intent of Congress that the
Federal Communications Commission allo-
cate to any licensee under title IV of this Act
access to Government radio frequencies and
other civil radio frequencies appropriate for
land remote sensing within 120 days of the
receipt of an application for such access. If
final action has not occurred within 120
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.
(c) The Federal Communications Commis-
sion shall without prejudice permit the de-
velopment and construction of any United
States land remote sensing system (or com-
ponent thereof) while any frequency deter-
mindtion is being made.
(d) Frequency allocations made pursuant
to this section by the Federal Communica-
tions Commission shall be consistent with
international obligations and with the
public interest.
CONSULTATION
SEc. 607. (a) The Secretary shall consult
with the Secretary of Defense on all matters
under this Act affecting national security.
June 8, 1984
The Secretary of Defense shall be responsible
for identifying and notifying the Secretary
of those national security concerns of the
United States which are relevant to activi-
ties under this Act.
(b) The Secretary shall consult with the
Secretary of State on all international mat-
ters arising under this Act. The Secretary of
State shall be responsible for identifying
and notifying the Secretary of those interna-
tional obligations and commitments of the
United States which are relevant to activi-
ties under this Act.
(c) Appropriate Federal agencies are au-
thorized and encouraged to provide remote
sensing technology and training to develop-
ing nations as components of programs of
international aid.
(d) If, as a result of conditions imposed on
a system operator based on national securi-
ty or international obligations or policies,
the Secretary (in consultation with the Sec-
retary of Defense or the Secretary of State,
as appropriate) determines that additional
or development costs will be incurred by
such system operator, the Secretary may re-
quire any agency requesting the imposition
of such conditions to reimburse the system
operator for such costs, excluding anticipat-
ed profits.
AMENDMENT TO THE NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION AUTHORIZATION ACT, 1983
SEC. 608. Subsection (a) of section 201 of
the National Aeronautics and Space Admin-
istration Authorization Act 1983 (Public
Law 97-324; 96 Stat. 1601) is amended to
read as follows:
"(a) The Secretary of Commerce is author-
ized to plan and provide for the manage-
ment and operation of civil remote sensing
satellite systems, which may include the
Landsat 4 and 5 satellites and associated
ground system equipment transferred from
the National Aeronautics and Space Admin-
istration; to provide for user fees; and to
plan for the transfer of the operation of civil
remote sensing satellite systems to the pri-
vate sector when in the national interest.
The amendment was agreed to.
Mr. GORTON. Mr. President, I rise
today to urge passage of H.R. 5155,
the Land Remote Sensing Satellite
Commercialization Act. This bill would
provide for a phased commercializa-
tion of Landsat, our Federal land
remote sensing satellite system. The
bill is designed to balance commercial
interests with national security, for-
eign policy, and other concerns of the
Federal Government related to land
remote sensing.
I am very pleased that we have
reached a consensus on this important
issue. As I stated when I introduced
this legislation as S. 2292 in February,
legislation must be enacted this year
to maintain hope of having a continu-
ous U.S. land remote sensing capabil-
ity and to thereby avoid an interrup-
tion in the flow of data. Since the
House of Representatives has already
passed a similar bill, I am confident
that this legislation will lead to a
timely transfer of land remote sensing
capabilities to the private sector.
The concept of Landsat commercial-
ization is a complex one, involving
many issues. My colleagues will recall
that the administration's original com-
mercialization proposal included trans-
fer to the private sector of weather
satellites as well as Landsat. I Intro-
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June 8, 1984 CONGRESSIONAL RECORD -- SENATE S6857
duced a re elution opposing the trans- passage of this bill. However, I must sponsibilities and activities retained by
fer of weather satellites, reflecting my. say. I have often said the
Past this legislation are adequately and en-
view that weather satellite services are that I remain very skepticai
critically important to public safety potential outcome of this issue the thusiaatically Pursued.
and welfare, and thus are essential Do not misunderstand, Mr. pr esi- I am very Proud of the Important
Government services. The resolution dent. This is good legislation. It sets role that the EROS Data Center in my
passed both the Senate and House, realistic guidelines for the Commerc}~- home State of south Dakota plays in
and the weather satellite proposal was ization process of our Landsat system this program. Obviously, I want to see
eventu
its role continued and enhanced. But
ally dropped. and contains numerous safeguard
s
LAW,
icatio
,ns are
much
re auch as commerically loriented than thoseoof nondiscr motor a cost-savings,
weather satellites. For this reason, I data continuity, a strong~R&D ofd p--
feel that land remote sensing can, with plications research program, an ade-
appropriate guidelines, become a quate training program, and many
viable industry without threatening others. And I do believe that we may
our national security or foreign policy very well want to ultimately commer-
imperatives. This legislation estab- cialize this system. But I remain skep-
lishes specific guidelines for private tical that we are ready to do that
remote sensing systems. National secu- today. Ten years from now may be a
rity interests will be protected. Inter- more realistic target, but I am willing,
national obligations
and development will if feorth in ~ this bpl follow ~ we
Federal research continue, so that our worldwide lead- give It a try because I do believe we are
ership in remote sensing will be pre- headed in the direction we should ulti-
served. The Government will continue mately go.
to archive data for historical, scientif- But I want to make it clear that I
ic, and academic purposes, will be following the implementation
All of these policies involve tradeoffs of this legislation very carfully; I do
between commerical interests and not want to see another repeat of the
Government concerns. I am very recent weather satellite fiasco that we
grateful for the assistance of my col- worked so hard last year to resolve.
leagues In shaping this legislation into We have invested billions of taxpay-
its present form. In particular, I thank er dollars in this program. It should
and congratulate my Commerce Com- not end up in the hands of a govern-
mittee colleagues, Senator Hor r.IN?S mentrsubsid ized monopoly that will
o d Senator PrzssLsR and their staffs, cost us more than we spend today. I
r working diligently to develop legis. also expect to see some clear R&D re-
lation agreeable to all concerned par- search application proposals and train-
ties. Ing program proposals before tutning
_ --
In conclusion- I wn?ir+ like ?^ di
scuss
importantly, I want to make sure that
we maintain our strong technological
worldwide leadership in this area, and
use Its abundant applications in the
best interests of our Nation's resources
and security, and the scientific com-
munity as a whole.
Mr. President, given the need to ad-
dress this Issue in a timely manner, I
urge my colleagues to support this im.
portant legislation.
Mr. HOLLINGS. Mr. Presidents I
rise in support of the Land Remote
Sensing Commercialization Act, H.R.
5155, and ask that my colleagues sup.
Port this measure.
Mr. President, I compliment the
Senator from Washington, the able
chairman of the Science. Technology,
and Space Subcommittee, for the ex-
cellent job he has done with this legis-
lation. H.R. 5155, as reported by the
Senate Commerce Committee, is a
carefully crafted bill that balances the
concerns of users and operators, safe.
guards national security and foreign
policy concerns, promotes commercial-
ization, and sustains important Feder-
al research and development activities
in land remote sensing.
Mr Presid
t I
en
have
merce to effect a transition of Landsat maintain a strong _zwurLaugi that we remote sew for rite on of land
from Government to private hands. continue to explore nR&D ew program ys to utilize and a matter of fact I introduced time.
first
The Secretary of Commerce Is expect- the invaluable scientific data from land remote sensing legislation in the
ed to announce in the near future a Landsat. As we continue to move proposal to 98th Session of Congress, $, 1855, a
carry out the commercial- closer toward a global information so- bill that was cosponsored by my distin-
ization process. I am optimistic that ciety, we should make certain that we guished colleagues Senators FORD and
the Secrtary's l-r will be consist- make the best use of the tools we have RIEGLE. I am pleased, therefore, to see
ent with the requ is of this leg- available. As one expert said in the Senate acting upon H.R. 5155 in a
islation, and will provide cot savings recent state Landsat hearing "wa e timely manner because enabling legis-
to the Government p Opposed to have our hands on the most powerful lation Is required before the Depart-
keeping Landsat In Government source of (global) information that went of Commerce can award a land
hands. has been known to humankind." We remote sensing commercialization con-
I expect the Secretary's proposal to must make
m
f
to
a- .-m-Tv
or this wealth of Information to Its full-
funds
carry out the proposal. I hope eat potential so we can reap its tmvalu-
that, if clear cost savings can be able rewards today and in generations
shown,, the funds will be to come.
quickly provided io that the transition Although I am not eorwinced that
can
flow oegidata "n n and a 'harmful gap In the. this technology--which is still really in
be avoided. Its infancy-is ready for commercial-
Finally, I would like to clarify that ization, it is absolutely essential that
nothing in this bill Is Intended to au- we move forward with its development
thorize the enactment of new budget as soon as possible. Its potential value
authority for fiscal year 1984. to the scientific, scholastic, and inter-Mr. rise today to Join my diMr. stinguished col- continuation of a by itself merits
strong U.& land
le
GORToN-and agues from Washington--Senator remote sensing program, It is essential
from
South Senator HoraaNGS--in support oft this worldwide leadership in s this maintain its
technolo-
legislation. I also want to thank them gy.
and their staffs for all of their hard Thanks to the Senator from Wash-
work and cooperation in reaching an ington and othersw this committee will
effective, workable compromise that Is be maintaining a strong oversight role
agreeable to all. in this process in the months and
After the cooperation and leadership years, to come. I expect to use that to
displayed by the Senator from Wash- make sure our Intent is carried out
Ington, I have agreed to support the fully and that the Government re-
bers who are not aware of the status
of the Department of Commerce re-
quest for proposals for transfer of the
U.S. land remote sensing program to
the private sector, let me give a brief
status report.
The Department received seven bids
pursuant to the request for proposals
prior to the March 19, 1984, submis-
sion deadline. At present, three of
those bids are still being assessed by
the Department of Commerce, and the
committee expects to be notified soon
as to what course of action the De-
partment intends to pursue in award-
ing a contract.
Mr. President, in assessing whether
the existing Federal land remote sens-
ing system should be commercialized,
the committee was required to review
and assess a variety of issues involving
data continuity, foreign competition,
nondiscriminatory availability of data,
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S 6858 CONGRESSIONAL RECORD - SENATE June 8, 1984
national security, international policy, I will address the latter concern addressing the net cost effect of com-
appropriate regulation of private first. Mr. President, there is some con- mercialization, a copy of which I ask
remote sensing activities, and determi. tern among the user community as to unanimous consent to include in the
nation of the long-term Federal role in the effect of the commercialization of RECORD at this point.
remote sensing research and develop- Landsat on data prices. Needless to The PRESIDING OFFICER. With-
ment and data archiving. say, I am not in a position to assure out objection, it is so ordered.
The final bill reported by the Senate the user community that commercial (See exhibit 1.)
Commerce Committee addresses each data prices will not be higher than Mr. HOLLINGS. Mr. President,
of these concerns in a responsible current Federal data prices. I am able, based on the information supplied by
manner and creates a rational proce- however, to assure the user communi- the Department of Commerce, it can
dure and framework for phased trans- ty that the committee went out of its be seen that the average annual costs
fer of the Federal land remote sensing way to protect the interests of the for continuation of the existing Land-
system to the private sector. user community. The Senate bill's em- sat system would be in the range of
In particular, I would like to indicate phasis upon the. importance of the $183 million per year. Considering the
that the bill requires any operator of a marketing of remote sensing data and fact that the Department has devel-
land remote sensing system, subject to data continuity is meant to reflect the oped the most advanced remote sens-
the jurisdiction and control of the committee's position that broader ing system in the world, these are rea-
United States, to provide for the non- markets and reliable service-not sonable costs. However, a good case
discriminatory availability of data. higher data prices-are the keys to the can be made that for significantly less
Mr. President, the principle of non- successful commercialization of land money, a good percentage of the exist-
discriminatory availability of data is a remote sensing. In addition, the com- ing capability can be provided. A good
fundamental component of U.S. for- mittee realizes that the advent of for- case also can be made that the private
eign policy and is a key element of eign competition should help restrain sector alone has the ability to expand
H.R. 5155. As noted in the committee price increases, as should the availabil- the land remote sensing data market
report on page 28: ity of remote sensing experimental to the point where it is commercially
The Committee is aware that Landsat data generated by Federal Govern- feasible. At present, the current Fed-
data have been sold to non-U.S. government ment research and development activi- eral system is unable to generate a rev-
users and data have been made available to ties. Finally, the nondiscriminatory enue base adequate to offset operating
all purchasers on a nondiscriminatory basis. availability of data provisions included costs, let alone spacecraft and launch-
Indeed, the data policy of the Landsat pro- in H.R. 5155 insure equal access to ing costs.
gram can be considered to be a cornerstone data at standard, published prices to Mr. President, as noted in the Con-
for skies" peaceful policy purposes. and By of folthe- all users. gressional Budget Office's cost esti-
use of of the U.S. space "open
lowing this policy, the United States has Mr. President, I realize that change mate, until the committee is advised as
been able to blunt criticism of other activi- can be frightening, and potential cost to the exact nature of the proposed
ties, such as operation of classified surveil- increases can be more frightening. contract, it is difficult to estimate the
lance satellites. The policy has also demon- However, based on both the GAO and amount of the rsubsidy and
strated to the entire world U.S. adherence OTA reports, it is clear that the amount there will required t a subsidand
to the principle of the free flow of informa- demand for remote sensing data is whether Government. savings Ho the
tion. very elastic in terms of price. A com- cost t to based the Federal commitment of owe
The Committee so strongly supports this mercial operator, therefore, would ever, on the
doctrine of nondiscriminatory access to data have to think twice about a significant Deputy Secretary of Commerce in the
that it has given this concept a statutory aforementioned letter "not to proceed
oasis. The Committee feels that this princi- data price increase. with commercialization unless it is a
pie is fundamental to any remote sensing Finally, I should indicate that good deal for the taxpayers" and activity and that it is a key component of during the Source Evaluation Board's congressional notification and require-
the foreign policy interests. review of bids, the final three bidders co included in the Senate-reported
During the Committee's Landsat hearing, indicated that there would be no ments
version iof H.R. 5155, ncluded the it is highly the issue was raised that adherence to the major data price increases over the
principle of nondiscriminatory access to projected NOAA price increases for likely any contract that did not result
data was not in the best interest of a com- Landsat data. I would ask at this time in net cost savings would be found ac-
mercial entity since
ope operator from it woul preclude that two tables reflecting NOAA's pro- ceptable to the or this Sena tom
specific scenes for the proprietary use of a jected Landsat data prices be included merce, Mr. the Congress, conclusion, hiSe let .
sole purchaser. The Committee is sensitive in the RECORD to give Members an idea . M President, I sunppcot legislation me
this s of let loon
to this issue and realizes that "land remote of the possible price effect on users of indicate . he commercialization
sensing for hire" could have a potential the proposed legislation. and and the
sensing. It is my opinion that
marketplace and that site-specific scenes Mr. President, next I would like to remote could have significant value. The Commit- address the issue of the cost of com- the time is right for increased private
tee feels, however, that the benefits from mercialization to the Federal Govern- sector participation in this area just as
such a commercial enterprise pale in com- meet. the timing was right for private sector
parison with the benefits to the United During the course of the debate on participation in satellite communica-
ciple es of f n maintaining
on discriminatory atinatoory acc c acesss s to the daindata. - this issue, there was concern as to tions years ago. With this legislation,
of to iplry we are providing a climate for innova-
promote Committee realizes that in its efforts to whether or not the commercialization Imagination and
promote commercial land remote sensing ac- of the existing Federal land remote w entrepeneurial that hat encourages ourages so imagination and
tivities, it has established certain barriers, sensing system would result in net cost the en spirit
in particular concerning U.S. foreign policy savings to the Federal Government. istic of this Nation. I support this
and national security concerns. The Com- Clearly, during the early years, a Fed- measure and ask for the support of my
mittee feels, however, that these are reason- oral subsidy will be required by the fellow Members.
able costs to be incurred by an operator and,
although they might reduce the profitabil- commercial operator. The exact
ity of land remote sensing, they should not amount, however, will not be known EXHIBIT 1-SUMMARY OF PRODUCT PRICES 1979-
impede commercialization of land remote until the final contractual agreement PRESENT FOR LANDSAT MULTISPECTRAL DATA
sensing activities. is made public. Still, in its efforts to EDC Ece ED
there are two other insure a Federal cost savings, the com- E0C
isEDC 190 1983-84 19C
,
President
.
r
M
bill
it
s
issues that I also would like to surface: mittee has included language in
First, the net cost of the commer- to emphasize the importance of the
cialization of Landsat to the Federal cost of the commercial system to the
Government; and Federal Government and the impor-
Second, the effect of commercializa- tance of a competitive awards process.
tied upon the Landsat data user tom- The committee also requested a letter
munity. from the Department of Commerce
Standard image products:
to in taw pprint .. rint
...... ...................
$2
$20
$30
58
$35
....
40 in claw print ..............................
20
35
95
4
5
105
50
20 in color print ........................?????
12
35
45
1
10
40 in color print ..............................
50
70
175
195
Colo composite generation charge.......
50
75
195
220
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ExlRefr 1,-sUMMAR~ of moouET S 6859
PIUCE51979. SUMMARY OF PRODUCT PRICES 1979 FNESENT FOR through use of less expensive systems built
PRESENT FOR EANDSAT MULTISPEC ItAL DATA--Continued UNDSAT MULTISPECTRA DATA-40wed by pursuing alternative
spacecraft and
Digital product:
9?track,,1600 BPI ma crier cro-
71799.81 1982 1983-3-01 19EDC
85 ply ad 1979 1982 1903 1985
EOM Inc NOM NOAH
Rice Price Price Priot
9-trade, 1600 BPI CCT, RBV
(Singleesubscene) .......... ..._............ 200 300 650 730
9-track 1600 BPI CCT RN
Note.-Prices Bated are for mr4w r ham r* Eros Data (set 4
ppodue >tdwewes) .................................... 100 680 1,300 1,460
ardd A sa Sion Fags SB. The image masts Maid mrWat ft b* caw aftarter 11-track, ho don* tpe (pies
Wndaat "matt dale repeats for de ycen 1979.1903. That is. trhcear 60 per sane...._ ..............___...._....... NA NA ' l,oe0 r 1.120
ma90%jority of at of aaag omeen data rapwsts aro,., ... Is Ns si`e imaMepodcts Iabd. The
nv Near ~ ---
SUMMARY OF PRODUCT PRICES 1979-PRESENT FOR
LANDSAT MULTI-SPECTRAL DATA
WV=
Ima pefte! :
1979
EDC
fTa
1982
EDC
Price
1903
NOM
price
1985
NOAH
Prim
an psadjce (KW
10 WA
).... _.........
0 mm
10 in Rim fdm nega8ce (BgN)_._-._.
PSJIIW (B&W)
t8
10
$8
10
$22
$30 35
_..._.._._
10 in on
n (8$W7............ __
i
10
10
12
30
40
10 In papa vasr. (_M9 ...............
8
10
30
35
20 in ppa pai8at (881N}..._
12
20
58
65
40'n pspar paefsr WIN) ??- ._._
20
35
95
105
10 jn f8m MOM Cc*) ----
15
25
74
80
10 in pow 00d ft (Cola) ................
12
15
45
50
20 in pow poise (a*) ................
25
35
90
110
40 in Wper pooi0`e (odor) ................
50
70
175
195
Gwohm of can cemposib..__._.....
Digital prodatm
50
75
195
220
9-t uk 1600 BR CCB, M$9 9ane-
200
300
Tex DEPUTY SECRETARY OF COMMERCE,
Washington, D.tw, April 5, 1994.
Hon. ERNEST HoLLINGS,
U.S. Senate,
Washington, D.C.
DEAR SENATOR RoLLINCs: This letter is in
response to your concerns regarding the
cost of commercializing the Land Remote
Sensing Satellite System.
Enclosed is a compilation of the projected
costs through 1997 if the Government were
to proceed with the Landsat program as cur-
rently configured. The figures are the
"upper limits' based on the assFaaption of
four additional satellites procured in two
pairs. They do not Include any receipts from
Landsat data sales or capital investment
from the contractor which would, of course,
reduce the cost to the Government. We be-
lieve substantial savings can be realized
sensor options.
With regard to the proposals currently
under review by the Source Evaluation
Board, I am aware of the desirability from
your standpoint of having more detailed in-
formation concerning the range of costs to
the government of the proposals, Nleverthe-
less. I am gravely concerned that premature
release of this information could Jeopardize
the procurement process. Any advantage
provided to a bidder through Inadvertent
disclosure of proprietary information con-
tained in these proposals could ebill the ne-
gotiations yet to come and place the govern-
ment at a disadvantage in its effort to struc-
ture the most favorable deal for the taxpay-
er.
As the Secretary has stated, we will not
proceed with commercialization unless it is
a good deal for the taxpayers, I want to
assure you in the strongest possible terms
that we will not make an award under the
RPP unless the projected cost to the gov-
ernment is substantiatiy less than the fig-
ures outlined on the enclosed sheet.
I appreciate the cooperation and assist-
ance Your staff has provided and look for-
ward to quick Congressional consideration
and passage of the time-critical Landsat leg-
islation.
Sincerely,
tANDSAT COSTS
(tr mOionn at ddral
Operatin....... _.......... _ .................
Spacecraft and lam mm.
------....._.. ..........._................................._......_............._......_..................................................._.....
D^ ...........
? and Dm......... _ ................... _................................ .................................................................................... .......... ........
t6 ......._.....__...._... ..._........_..._ ............................................................_..........._...................................................
and D"..._....____..__...._...__.._.._..........._. _...._._..... 29 101 l7t 157 106 58 49 54 ............___
.......__....__...
.
........... _..........._......... _....... total S/C and INT4 ..................................................................................__.................................................................... 55 101 171 157 106
Based on landsat D? and D1? estimates and inflated at 5 percent
The bill was ordered to be engrossed
for a third reading, read the third
time, and passed, as amended.
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
bill was passed.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
GRATUITY TO MATTIE
WASHINGTON
The resolution (S. Res, 397) to pay a
gratuity. to Mattie Washington, was
considered, and agreed to as follows:
S. RES. 397
Resolved, That the Secretary of the
Senate hereby is authorized and directed to
pay, from the contingent fund of the
Senate, to Mattie Washington, mother of
Robert A. Hunter, an employee of the
Senate at the time of his death, a sum equal
to six months' compensation at the rate he
was receiving by law at the time of his
death, said sum to be considered Inclusive of
funeral expenses and all other allowances,
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
resolution was agreed to.
1984 1915 1986 1987 1988 1989 1990 1991 1992 1983 1994 1905 1996 1997
40 40 40 40 40 40 40 40 40 40
- .................................... ........ _..._._.~..._ U 140 214 196 146 98 127 225 262 244 118 115 104 110
.. ..................................................................... D' .... .._............. _. D? .. Dm .... 1rv
pa year. Average ar" Cosh hair FY 15 thrturr FY 94: Qamone, $40,000,000; Spacecraft and Launching, $143.000,000; Total, $183,000,000 per year.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
PRIVATE RELIEF
The resolution (S. Res. 398) to pay a
gratuity to Peter Washington; James
A. Washington; Harvey E. Washing-
ton; Don Washington; Travis A. Wash-
ington; Diane Cook; Jacqueline
Greene; and Tracey R. Washington
was considered, and agreed to as fol-
lows:
S. RES. 398
Resolved, That the Secretary of the
Senate hereby Is authorized and directed to
Pay, from the contingent fund of the
Senate, to Peter Washington, James A.
Washington, Harvey E. Washington, Don
Washington, Travis A. Washington, sons of
Joyce E, Washington, and Diane Coon, Jac-
queline Greene, Tracey R. Washington,
daughters of Joyce E, Washington, an em-
ployee of the Architect of the Capitol as-
signed to duty in the Senate Office Build-
ings at the time of her death, a sum equal to
six months' compensation at the rate she
wag receiving by death, said sum to be considered inclusive of
funeral expenses and all other allowances.
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
resolution was agreed to.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
NATIONAL BIRDS OF PREY
CONSERVATION WEEK
The joint resolution (S-J. Res. 230)
to designate the week of October 7,
1984, through October 13, 1984 as, "Na-
tional Birds of Prey Conservation
Week," was considered, ordered to be
engrossed for a third reading, read the
third time, and passed.
The preamble was agreed to.
The joint resolution and preamble
are as follows:
S.J. RES. 230
Whereas hawks, owls, and other birds of
prey are vital ecological components of the
wildlife communities In which they live, and
are important environmental indicators of
ecosystem quality;
Whereas forty of the fifty-three species of
birds of prey that occur regularly In the
United States have been listed by one or
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S 6860
CONGRESSIONAL RECORD SENATE June 8, 1984
more State conservation agencies as endan-
gered, extirpated, threatened, or of concern:
Whereas public attitudes regarding birds
of prey are changing to one of appreciation
and understanding; and
Whereas over a million Americans are
birdwatchers who regularly observe hawks
and other birds of prey every autumn at mi-
gration outlooks located on major raptor
flyways scattered from California to Maine,
and from Minnesota to Florida and Texas:
Now, therefore, be it
Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled, That the week of
October 7, 1984, through October 13, 1984,
is designated as "National Birds of Prey
Conservation Week", and the President of
the United States is authorized and request-
ed to issue a proclamation calling upon indi-
viduals to observe such a week by consider-
ing the importance of birds of prey in wild-
life communities.
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
joint resolution was agreed to.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
FORTIETH ANNIVERSARY OF
THE LIBERATION OF ROME
The joint resolution (S.J. Res. 240)
relating to the 40th anniversary of the
liberation of Rome, was considered, or-
dered to be engrossed for a third read-
ing, read the third time, and passed.
The preamble was agreed to.
The joint resolution and preamble
are as follows:
S.J. RES. 240
through July 1, 1985, as the "Year of
the Ocean," was considered, ordered to
be engrossed for a third reading, read
the third time, and passed.
The preamble was agreed to.
The joint resolution and preamble
are as follows:
S.J. REs. 257
Whereas the oceans are the major source
of the waters on planet Earth providing an
essential link in the chain of human exist-
ence;
Whereas the ocean environment provides
us with a wealth of products and services
but is increasingly subject to stress caused
by population growth, economic develop-
ment, placement of energy-related facilities,
extraction of mineral resources and fossil
fuels, transportation and navigation, waste
disposal, and harvesting of living marine re-
sources;
Whereas America is the steward of the re-
sources of Caw ocean and coastal regions
that border our Nation and this stewardship
entails a responsibility to match our in-
creased uses of marine resources with an in-
creased vigilance of the well-being of the
marine environment;
Whereas it is important to educate Ameri-
cans as the users of ocean products and the
beneficiaries of our ocean heritage, to the
role the world ocean plays in our lives;
Whereas a "Year of the Ocean" will be
used to expand public awareness and knowl-
edge of the importance of the ocean and its
resources; and
Whereas it is fitting and proper that
"Ocean Day" be the first day of celebration
during the "Year of the Ocean": Now,
therefore, be it
Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled, That July 1, 1984, to
July 1, 1985, be designated "Year of the
Ocean", and the President is requested to
issue a proclamation calling upon the people
of the United States to observe such cele-
bration with appropriate activities.
al will and contrary to their desire for inde-
pendence and sovereignty into the U.S.S.R.;
and
Whereas the U.S.S.R. since 1940 has sys-
tematically removed native Baltic peoples
from their homelands by deporting them to
Siberia and caused great masses ofFR,ussians
to relocate in the Republics, thus threaten-
ing the Baltic cultures with extinction; and
Whereas the U.S.S.R. has imposed upon
the captive people of the Baltic Republics
an oppressive political system which has de-
stroyed every vestige of democracy, civil lib-
erties, and religious freedom; aod
Whereas the people of Lithuania, Latvia.
and Estonia find themselves today subjugat-
ed by the U.S.S.R., locked into a union they
deplore. denied basic human rights, and per-
secuted for daring to protest; and
Whereas the United States stands as a
champion of liberty, dedicated to the princi-
ples of national self-determinat i et, human
rights, and religious freedom, and oppossed
to oppression and imperialism', and
Whereas the United States, as a member
of the United Nations, has repeatedly voted
with a majority of that international body
to uphold the right of other countries of the
world, including those in Africa and Asia, to
determine their fates and be free of foreign
domination; and
Whereas the U.S.S.R. has steadfastly re-
fused to return to the people of the Baltic
States the right to exist as independent re-
publics separate and apart from the
U.S.S.R. or permit a return of personal. po-
litical. and religious freedoms: Now, there-
fore, be it
Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled, That the Congress
of the United States recognizes the continu-
ing desire and the right of the people of
Lithuania. Latvia, and Estonia for freedom
and independence from the domination of
the U.S.S.R. and deplores the refusal of the
U.S.S.R.. to recognize the sovereignty of the
Baltic Republics and to yield to their right-
ful demands for independence from foreign
domination and oppression and that the
fourteenth day of June 1984, the anniversa-
ry of the mass deportation of Baltic peoples
from their homelands in 1941, be designated
"Baltic Freedom Day" as a symbol of the
solidarity of the American people with the
Whereas, on June 4, 1944, in the city of
Rome, Italy, Allied 'armies comprising mili-
tary units of sixteen sovereign nations, to-
gether with Italian resistance forces, drove
out the Axis occupier and liberated the
Eternal City;
Whereas the combined United States-Ca-
nadian First Special Service Force and at-
tached armor and artillery units were in the
forefront of attacking forces seizing eight
bridges over the Tiber River in Rome, thus
assuring immediate advance to the north by
Allied units;
Whereas, on the fortieth anniversary of
this successful assault, United States and
Canadian veterans of the First Special Serv-
ice Force will commemorate that liberation
of Rome by unveiling a memorial plaque at
Saint Paul's Gate in that city, under the
sponsorship of the Premier of Italy and the
mayor of Rome: Now, therefore, be it
Resolved by the Senate and House of Rep-
resentatives of the United States of America
in Congress assembled, That the United
States Senate and the United States House
of Representatives ask the American people
to take cognizance of this commemoration
in Rome on June 2 through June 3. 1984.
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
joint resolution was agreed to.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
YEAR OF THE OCEAN
The joint resolution (S.J. Res. 257)
to designate the period of July 1, 1984,
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
joint resolution was agreed to.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
BALTIC FREEDOM DAY
The joint resolution (S.J. Res. 296)
to designate June 14, 1984, as "Baltic
Freedom Day," was considered, or-
dered to be engrossed for a third read-
ing, read the third time, and passed.
The preamble was agreed to.
The joint resolution and preamble
are as follows:
S.J. REs. 296
Whereas the people of the Baltic Repub-
lics of Lithuania, Latvia, and Estonia have
cherished the principles of religious and po-
litical freedom and independence; and
Whereas the Baltic Republics have exist-
ed as independent, sovereign nations belong-
ing to and fully recognized by the League of
Nations; and
Whereas the people of the Baltic Repub-
lics have individual and separate cultures,
national traditions, and languages distinc-
tively foreign to those of Russia; and
Whereas the Union of Soviet Socialist Re-
publics (U.S.S.R.) in 1940 did illegally seize
and occupy the Baltic Republics and by
force incorporate them against their nation-
aspirations of the enslaved Baltic people
and that the President of the United States
be authorized and requested to issue a proc-
lamation for the observance of Baltic Free-
dom Day with appropriate ceremonies and
activities.
Mr. BAKER. Mr. President. I move
to reconsider the vote by which the
joint resolution was agreed to.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
NATIONAL ICE CREAM MONTH
AND NATIONAL ICE CREAM DAY
The joint resolution (S.J..Res. 298)
to proclaim the month of July 1984 as
"National Ice Cream Month" and July
15, 1984, as "National Ice Cream Day,"
was considered, ordered to be en-
grossed for a third reading, read the
third time, and passed.
The preamble was agreed to.
The joint resolution and preamble
are as follows:
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