AN ACT TO ESTABLISH A SYSTEM TO PROMOTE THE USE OF LAND REMOTE-SENSING SATELLITE DATA AND FOR OTHER PURPOSES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000200290016-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 35
• Document Creation Date: December 21, 2016
• Document Release Date: September 11, 2008
• Sequence Number: 16
• Publication Date: April 10, 1984
• Content Type: REGULATION

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98TH CONGRESS
2D SESSION
. R. 5155
IN THE SENATE OF THE UNITED STATES
APRIL 10 (legislative day, MARCH 26), 1984
Received; read twice and referred to the Committee on Commerce, Science, and
Transportation
AN ACT
To establish a system to promote the use of land remote-sensing
satellite data, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 fives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Land Remote-Sensing
4 Commercialization Act of 1984".
5 TITLE I-DECLARATION OF FINDINGS,
6 PURPOSES, AND POLICIES
7 FINDINGS
8 SEC. 101. The Congress finds and declares that-
9 (1) the continuous civilian collection and utiliza-
10 tion of land remote-sensing data from space is of major
11 benefit in managing the Earth's natural resources and
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1 in planning or conducting many other activities of eco-
2 nomic importance;
3 (2) the national interest of the United States lies
4 in maintaining international leadership in civil remote-
5 sensing and in broadly promoting the beneficial use of
6 remote-sensing data;
7 (3) land remote-sensing by the Government or pri-
8 vate parties of the United States affects international
9 commitments and policies and national security con-
10 cerns of the United States;
11 (4) the broadest and most beneficial use of land
12 remote-sensing data is likely to result from maintaining
13 a policy of nondiscriminatory access to data;
14 (5) use of land remote-sensing data has been in-
15 hibited by slow market development and by the lack of
16 assurance of data continuity;
17 (6) the private sector, and in particular the
18 "value-added" industry, is best suited to develop land
19 remote-sensing data markets;
20 (7) vigorous, competitive, market-driven private
21 sector involvement in land remote-sensing can lead to
22 rapid realization of the potential benefits of that tech-
23 nology;
24 (8) to utilize fully the strengths of the private
25 sector, any process of commercialization of land
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1 remote-sensing should involve the maximum practica-
2 ble competition and the minimum (both in duration and
3 amount) practicable Government subsidy;
4 (9) at the present time, it is unclear that the pri-
5 vate sector alone will develop a total land remote-sens-
6 ing system because of the high risk and large. capital
7 expenditures involved;
8 (10) cooperation between the Federal Government
9 and the private sector can help assure both data con-
10 tinuity and United States leadership;
11 (11) the time is now appropriate to initiate such
12 cooperation with phased transition to a fully commer-
13 cial system;
14 (12) cooperation between Government and the
15 private sector in civil land remote-sensing should be
16 structured so as to minimize Government direction and
17 regulation and maximize private sector involvement;
18 (13) nevertheless, certain Government oversight
19 must be maintained to assure that private sector activi-
20 ties are in the national interest and that the interna-
21 tional commitments and policies of the United States
22 are honored; and
23 (14) there is no compelling reason to commercial-
24 ize meteorological satellites at this time.
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1 PURPOSES
2 SEC. 102. It is therefore the purpose of this Act-
3 (1) to guide the United States Government in pro-
4 moting full, prompt, and proper involvement of the pri-
5 vate sector in civil land remote-sensing from space;
6 (2) to maintain the United States leading position
7 in civil remote-sensing, preserve its national security,
8 and fulfill its international obligations;
9 (3) to prescribe conditions for assuring continuity
10 of civil land remote-sensing data while protecting
11 public and private nondiscriminatory access to these
12 data;
13 (4) to minimize the duration and amount of any
14 further Federal investment that might be necessary to
15 achieve full commercialization of civil land remote-
16 sensing; and
17 (5) to prohibit commercialization of meteorological
18 satellites at this time.
19 POLICIES
20 SEC. 103. (a) It shall be the policy of the United States
21 to preserve its right to acquire and disseminate digital
22 remote-sensing data.
23 (b) It shall be the policy of the United States that civil-
24 ian digital remote-sensing data be made available to all po-
25 tential users on a nondiscriminatory basis.
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1 (c) It shall be the policy of the United States both to
2 commercialize those space remote-sensing functions that
3 properly lend themselves to private sector operation and to
4 avoid competition by the Government with such commercial
5 operations, while continuing to preserve our national secu-
6 rity, to honor our international obligations, and to retain in
7 the Government those remote-sensing functions that are es-
8 sentially of a public service nature.
9 DEFINITIONS
10 SEC. 104. For purposes of this Act:
11 (1) The term "digital remote-sensing data" means
12 the unprocessed and minimally processed signals col-
13 lected from civil remote-sensing space systems or origi-
14 nal film products collected from such systems. Such
15 minimal processing shall be limited to rectification of
16 instrumental distortions, registration with respect to
17 features on the Earth, and calibration of spectral re-
18 sponse. Such term does not include conclusions, manip-
19 ulations, or calculations derived from such signals or
20 combination of the signals with other data or informa-
21 tion. Unless otherwise limited, digital remote-sensing
22 data includes land and ocean sensed data.
23 (2) The term "Secretary" means the Secretary of
24 Commerce.
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1 (3)(A) The term "on a nondiscriminatory basis"
2 means without preference, bias, or any other special
3 arrangement regarding delivery, format, financing, or
4 technical considerations which would favor one buyer
5 or class of buyers over another.
6 (B) The sale of data is made on a nondiscrimina-
7 tory basis only if (i) any offer to sell or deliver data is
8 published in advance in such manner as will ensure
9 that the offer is equally available to all prospective
10 buyers; (ii) the system operator has not established or
11 changed any price, policy, procedure, or other term or
12 condition in a manner which gives one buyer or class
13 of buyer de facto favored access to data; and (iii) in a
14 case where a system operator offers volume discounts,
15 such discounts are no greater than the demonstrable
16 reductions in the cost of such sales. The sale of data
17 on a nondiscriminatory basis does not preclude the
18 system operator offering discounts other than volume
19 discounts to the extent that such discounts are not in-
20 consistent with any other provision of this paragraph.
21 (C) The sale of data on a nondiscriminatory basis
22 does not require (i) that a system operator disclose
23 names of buyers or their purchases; (ii) that a system
24 operator maintain all, or any particular subset of, data
25 in a working inventory; or (iii) that a system operator
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1 expend equal effort in developing all segments of a
2 market.
3 (4) The term "Landsat system" means Landsat 1,
4 2, 3, 4, and 5, and related ground equipment, systems,
5 and facilities, and any successor civil land remote-sens-
6 ing satellites operated by the United States Govern-
7 ment prior to the commencement of the six-year period
8 described in section 302(b)(2).
9 (5) The term "system operator" means a contrac-
10 tor under title II or a license holder under title IV.
11 TITLE II-CONTRACT FOR EXISTING LAND
12 REMOTE-SENSING SATELLITE SYSTEM
13 CONTRACT REQUIREMENTS
14 SEC. 201. (a) In accordance with the requirements of
15 this Act, the Secretary shall, subject to the availability of
16 appropriations therefor, contract with a United States private
17 sector party (as defined by the Secretary) to market digital
18 remote-sensing data generated by the Landsat system. If the
19 Secretary determines that competition for such contract will
20 promote the policies and purposes of this Act, the Secretary
21 may accept proposals for such contract which include the op-
22 eration by such United States private sector party of (1) the
23 space component of the Landsat system, (2) the related
24 ground equipment, systems, and facilities, or (3) both such
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1 space component and such related equipment, systems, and
2 facilities.
3 (b) A contract awarded under subsection (a) shall be
4 awarded, after competition, in accordance with the conditions
5 of section 203. Such contract may be reawarded competi-
6 tively after the practical demise of the space segment of the
7 Landsat system, as determined by the Secretary.
8 (c) Any contract authorized by subsection (a)-
9 (1) shall not permit the transfer to any contractor
10 of title to any part or all of the Landsat system; and
11 (2) may specify that the contractor use, and, at
12 his own expense, maintain, repair, or modify elements
13 of the Landsat system as the contractor finds necessary
14 for commercial operations.
15 (d) If, as a result of the competitive process required by
16 subsection (b), the Secretary receives no proposal which he
17 finds acceptable under the conditions of this Act, the Secre-
18 tary shall so certify and fully report his findings to the Con-
19 gress. Thirty days after so certifying and reporting, the See-
20 retary may reopen the competition. If no acceptable propos-
21 als are received after such subsequent competition, or if the
22 Secretary decides not to reopen the competition, the Secre-
23 tary shall so certify and fully report his findings to the Con-
24 gress. In the event that no acceptable proposal is received,
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1 the Secretary shall continue to operate the Landsat system
2 and to market data from such system.
3 (e) In defining "United States private sector party" for
4 purposes of subsection (a), the Secretary may take into ac-
5 count the citizenship of key personnel, location of assets, for-
6 eign ownership, control, and influence, and other such
7 factors.
8 SALE OF DATA
9 SEC. 202. (a) The United States Government shall
10 retain title to any and all data generated by the Landsat
11 system. However, after the date of the commencement of the
12 contract described in section 201(a), the contractor shall be
13 entitled to revenues from sales of copies of data from the
14 Landsat system, subject to the conditions specified in sections
15 601 and 602 of this Act.
16 (b) The contractor may continue to market data previ-
17 ously generated by the Landsat system after the demise of
18 the space segment of that system.
19 CONDITIONS OF COMPETITION FOR CONTRACT
20 SEC. 203. (a) The Secretary of Commerce shall, as part
21 of his advertisement for the competition for the contract au-
22 thorized by section 201, identify and publish the international
23 obligations, national security concerns (with appropriate pro-
24 tection of sensitive information), domestic legal consider-
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1 ations, and any other standards or conditions which a private
2 contractor shall be required to meet.
3 (b) In selecting a contractor under this title, the Secre-
4 tary shall consider-
5 (1) ability to market aggressively digital remote-
6 sensing data;
7 (2) the best overall financial return to the Govern-
8 ment, including the potential savings to the Govern-
9 ment;
10 (3) ability to meet the obligations, concerns,
11 standards, and conditions identified under subsection
12 (a);
13 (4) technical competence, including the ability to
14 assure continuity and timeliness of data from the Land-
15 sat system;
16 (5) absence of any conflicts of interest which could
17 inhibit nondiscriminatory access to such data;
18 (6) ability to effect a smooth transition with the
19 contractor selected under title III of this Act; and
20 (7) such other factors as he deems appropriate.
21 FOREIGN GROUND STATIONS
22 SEc. 204. (a) The contract under this title shall provide
23 that the contractor shall act as the agent of the Secretary by
24 continuing to supply digital remote-sensing data to foreign
25 ground stations for the life, and according to their terms, of
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1 those agreements between the United States Government
2 and such foreign ground stations that are in force on the date
3 of the commencement of the contract.
4 (b) Upon the expiration of such agreements, or in the
5 case of foreign ground stations that have no agreement with
6 the United States on the date of commencement of the con-
7 tract, the contract shall provide-
8 (1) that digital remote-sensing data from the
9 Landsat system shall be made available to foreign
10 ground stations only by the contractor; and
11 (2) that such data shall be made available on a
12 nondiscriminatory basis.
13 TITLE III-PROVISION OF DATA CONTINUITY
14 DURING TRANSITION PERIOD
15 PURPOSES AND DEFINITIONS
16 SEC. 301. (a) It is the purpose of this title-
17 (1) to provide, in an orderly manner and with
18 minimal risk, for a transition between Government op-
19 eration and private, commercial operation of civil land
20 remote-sensing space systems; and
21 (2) to provide for the continuity of MSS data for
22 six years after the practical demise of the space seg-
23 ment of the Landsat system.
24 (b) For purposes of this title-
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1 (1) the term "Multi-Spectral Scanner" means the
2 instrument referred to by that name and carried on the
3 Landsat 4 and Landsat 5 satellites; and
4 (2) the term "MSS data" means digital remote-
5 sensing data which, from the point of view of a data
6 user, are-
7 (A) functionally equivalent to data from the
8 Multi-Spectral Scanner; and
9 (B) compatible with data and with equipment
10 used to receive and process data from such
11 Scanner.
12 CONTRACT FOR DATA AVAILABILITY AND CONTINUITY
13 SEC. 302. (a) Subject to the availability of appropri-
14 ations therefor and to the licensing conditions established
15 under title IV, the Secretary shall, after competition, con-
16 tract with a United States private sector party (as defined by
17 the Secretary pursuant to section 201) for the provision by
18 such party of the capability of generating data of a quality at
19 least equal to the quality of MSS data and of selling and
20 delivering such data to the Federal Government. The capa-
21 bility shall include, at a minimum, the capability to generate
22 and deliver MSS data at the annual volume of Federal usage
23 during fiscal year 1983, as determined by the Secretary. The
24 capability may be provided by the contractor using whatever
25 technologies the contractor may select. In addition, the con-
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1 tractor may make available data of a higher quality or of a
2 different type than MSS data.
3 (b) The contract authorized by subsection (a)-
4 (1) shall be entered into as soon as practicable, al-
5 lowing for the competitive procurement process;
6 (2) shall, in accordance with criteria determined
7 and published by the Secretary, reasonably assure the
8 provision of the capability described in subsection (a)
9 for a period of six years, beginning as soon as practica-
10 ble in order to minimize any interruption of data
11 availability;
12 (3) shall terminate one year after the expiration of
13 the six-year period described in paragraph (2);
14 (4) may, subject to section 305 of the Federal
15 Property and Administrative Services Act of 1949 (41
16 U.S.C. 255), provide for a payment by the Secretary
17 to cover a portion of the capital cost of providing such
18 capability, which may be paid in installments (A) based
19 on progress prior to the beginning of the six-year
20 period described in paragraph (2), and (B) the sum of
21 which shall be less than the total cost of procuring the
22 system required to assure the capability for six years;
23 (5) shall provide that sale of digital remote-sens-
24 ing data shall be in accordance with the provisions of
25 section 303 of this title;
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1 (6) shall not provide for any guaranteed data pur-
2 chases by the Federal Government; and
3 (7) may provide that the contractor utilize, on a
4 space-available basis, civilian Government satellites as
5 platforms for a civil remote-sensing satellite system,
6 if-
7 (A) the contractor immediately reimburses
8 the Government for all related costs incurred with
9 respect to such utilization, including a reasonable
10 and proportionate share of fixed, spacecraft, data
11 transmission, and launch costs; and
12 (B) such utilization would not interfere with
13 or otherwise in any way compromise the intended
14 civilian Government missions, as determined by
15 the agency responsible for the civilian satellite.
16 (c) The contract authorized by subsection (a) shall be
17 awarded on the basis of-
18 (1) the cost to the Government of the payment
19 under subsection (b)(4);
20 (2) the reliability, technical competence, and fi-
21 nancial condition of the contractor;
22 (3) the contractor's ability to develop the remote-
23 sensing data market;
24 (4) the contractor's ability to supplement basic ca-
25 pabilities specified in section 302(a) by adding remote-
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1 sensing capabilities (at the contractor's expense and
2 consistent with national security concerns) which main-
3 tain United States leadership in remote-sensing;
4 (5) the contractor's ability to meet the conditions
5 for obtaining a license under title IV;
6 (6) the contractor's ability to provide digital
7 remote-sensing data on a timely and reliable basis;
8 (7) the contractor's ability to effect a smooth tran-
9 sition with any contractor selected under title II;
10 (8) the royalty or profit- or revenue-sharing ar-
11 rangement, or other such financial consideration offered
12 to the Federal Government; and
13 (9) such other factors as the Secretary deems ap-
14 propriate.
15 (d) If, as a result of the competitive process required by
16 subsection (a), the Secretary receives no proposal which he
17 finds acceptable under the conditions of this Act, the Secre-
18 tary shall so certify and fully report his findings to the Con-
19 gress. Thirty days after so certifying and reporting, the Sec-
20 retary may reopen the competition. If no acceptable propos-
21 als are received after such subsequent competition, or if the
22 Secretary decides not to reopen the competition, the Secre-
23 tary shall so certify and fully report his findings to the Con-
24 gress. Ninety days after so certifying and reporting, the See-
25 retary is authorized to assure MSS data continuity by pro-
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1 curement and operation by the Federal Government of the
2 necessary systems, subject to the availability of appropri-
3 ations therefor. Such procurement and operation may include
4 generation of data of a higher quality than MSS data.
5 SALE OF DATA
6 SEC. 303. (a) The contractor selected under section 302
7 shall sell data in accordance with the provisions of sections
8 601 and 602 of this Act.
9 (b) Any sale of digital remote-sensing data by the con-
10 tractor to Federal agencies shall be on a nondiscriminatory
11 basis, with the additional condition that at least 5 per centum
12 of the price of each such sale shall be rebated to the Govern-
13 ment (and thereby reduce the total net cost to the Govern-
14 ment) as a royalty payment to the United States Treasury.
15 Such royalty payments shall be required during the life of the
16 contract authorized in section 302, or until such time as the
17 cumulative total of such royalty payments equals the value of
18 any payment made to the contractor by the Government
19 under section 302(b)(4), whichever first occurs. Data sales to
20 non-Federal buyers shall not be subject to such a rebate.
21 (c) After the six-year period described in section
22 302(b)(2), the contractor may continue to sell data and, if
23 licensed under title IV of this Act, to operate a civil remote-
24 sensing space system.
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1 REPORT
2 SEC. 304. Two years after the date of the commence-
3 ment of the six-year period described in section 302(b)(2) the
4 Secretary shall report to the President and to the Congress
5 on the progress of the transition to fully private financing,
6 ownership, and operation of remote-sensing space systems,
7 together with any recommendations for actions, including ac-
8 necessary to ensure United States leadership in civilian
9 land remote-sensing from space.
10 TITLE IV-LICENSING OF PRIVATE REMOTE-
11 SENSING SPACE SYSTEMS
12 GENERAL AUTHORITY
13 SEC. 401. The Secretary is authorized, after consulta-
14 tion with other appropriate Federal agencies, to grant, sus-
15 pend, modify, or revoke licenses under this title, and to take
16 any other such actions as he deems necessary in order to
17 carry out the provisions of this title.
18 CONDITIONS FOR OPERATION
19 SEC. 402. (a) No private sector party may operate any
20 remote-sensing space system which is subject to the jurisdic-
21 tion or control of the United States (as determined by the
22 Secretary) without a license pursuant to section 403.
23 (b) Any license issued pursuant to section 403 shall be
24 subject to the following conditions:
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1 (1) The system shall be operated in such manner
2 as to preserve and promote the national security of the
3 United States and to observe and implement the inter-
4 national obligations of the United States.
5 (2) Digital remote-sensing data shall be made
6 available to all potential users on a nondiscriminatory
7 basis.
8 (3) No license issued under this title shall protect
9 the licenseholder from fair competition from other li-
10 censeholders.
11 (4) Any private sector party proposing to be li-
12 censed under section 403 shall agree, as a condition for
13 the receipt of such license, that prior to disbanding or
14 terminating operations under the license, the license-
15 holder will make disposition of any orbiting satellites in
16 a manner satisfactory to the President.
17 (5) Any private sector party proposing to be li-
18 censed under section 403 shall agree, as a condition for
19 the receipt of such license, to provide to the Secretary
20 any data generated under such license which the Sec-
21 retary may request for the purpose of archiving pursu-
22 ant to section 602.
23 (6) For the purposes of ensuring compliance with
24 the provisions of this Act concerning nondiscriminatory
25 access to data, any private sector party proposing to be
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1 licensed under section 403 shall agree, as a condition
2 for the receipt of such license-
3 (A) to notify the Secretary of any "value-
4 added" activities (as defined by the Secretary by
5 regulation) that will be conducted by the licensee
6 or by a subsidiary or affiliate of the licensee; and
7 (B) to provide the Secretary with a plan for
8 the conduct of such activities which will ensure
9 compliance with such provisions concerning non-
10 discriminatory access.
11 AUTHORITY OF THE SECRETARY
12 SEC. 403. (a) The Secretary is authorized to license
13 qualified private sector parties to operate civil remote-sensing
14 space systems in accordance with the provisions of this Act.
15 (b) Any license issued under subsection (a) shall be in
16 effect for such period as the Secretary may specify.
17 (c) Any private sector party may apply to the Secretary
18 for issuance, transfer, or termination of a license under this
19 title in a form and manner prescribed by the Secretary. Each
20 application under this section shall set forth the activities
21 proposed to be carried out under the license, including meas-
22 ures taken to comply with those operating requirements spec-
23 ified in section 402 of this Act.
24 (d) No license shall be granted by the Secretary unless
25 he determines in writing that the applicant will comply with
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1 the requirements of this Act, the regulations issued pursuant
2 to this Act, and the international obligations and national se-
3 curity concerns of the United States. The Secretary shall
4 review any application and make a determination thereon
5 within one hundred and twenty days of the receipt of an ap-
6 plication. If final action has not occurred within such time,
7 the Secretary shall inform the applicant of any pending issues
8 and of actions required to resolve them.
9 (e) The Secretary may revoke, suspend, or modify a li-
10 cense issued under this title if the Secretary determines and
11 notifies the licensee in writing that the licensee has substan-
12 tially failed to comply with any provision of this Act, with
13 any regulation issued under this Act, with any terms, condi-
14 tions, or restrictions of such license, or with any international
15 obligation or national security concern of the United States.
16 (f) Any applicant or licensee who makes a timely re-
17 quest for review of a denial of issuance or transfer; revoca-
18 tion; suspension; conditioning; or modification of a license
19 shall be entitled to adjudication by the Secretary on the
20 record after an opportunity for an agency hearing with re-
21 spect to such denial, revocation, suspension, conditioning, or
22 modification. Any final action by the Secretary under this
23 subsection shall be subject to judicial review under chapter 7
24 of title 5, United States Code.
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1 REGULATORY AUTHORITY OF THE SECRETARY
2 SEC. 404. (a) The Secretary may issue regulations to
3 carry out the provisions of this title.
4 (b) Regulations issued by the Secretary under this title
5 shall be promulgated only after public notice and comment in
6 accordance with the provisions of section 553 of title 5,
7 United States Code.
8 ENFORCEMENT AUTHORITY OF THE SECRETARY
9 SEC. 405. (a) Each license issued by the Secretary shall
10 require the licensee-
11 (1) to allow the Secretary or his designated offi-
12 cers to inspect any financial or business records associ-
13 ated with remote-sensing or "value-added" activities,
14 and
15 (2) to allow the Secretary or his designated offi-
16 cers to inspect any space-related or ground segment
17 hardware or software to be utilized by the licensee in
18 remote-sensing activities.
19 (b) It is unlawful for any person to violate any regula-
20 tion or provision of any license issued under this Act, to vio-
21 late any space treaty or law implementing any space treaty,
22 or to prevent or inhibit the monitoring of remote-sensing ac-
23 tivities or "value-added" activities by the Secretary or his
24 designated officers.
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1 (c) Any person who after notice and opportunity to be
2 heard in accordance with title 5, United States Code, is found
3 by the Secretary to have committed any act prohibited by
4 subsection (b) shall be liable for a civil penalty of not more
5 than $10,000 for each violation. Each day of continuing op-
6 eration in violation shall constitute a separate violation. The
7 Secretary may compromise, modify, or remit any such civil
8 penalty.
9 (d) For the purpose of conducting any hearing under this
10 section, the Secretary may issue subpenas for any materials,
11 documents, or records, or for the attendance and testimony of
12 witnesses.
13 (e) In carrying out his enforcement responsibilities, the
14 Secretary may-
15 (1) seize any object, record, or report where it
16 reasonably appears that such was used, is being used,
17 or is likely to be used in violation of this Act; or
18 (2) make investigations and inquiries and adminis-
19 ter to or take from any person an oath affirmation or
20 affidavit concerning any matter relating to the enforce-
21 ment of this Act.
22 (f) The Secretary is authorized to terminate any licensed
23 operations on an immediate basis when it reasonably appears
24 that operation in violation of any provision of this Act, or any
25 provision of a license issued under this Act, or of any obliga-
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1 tion of the United States under a space treaty, would be det-
2 rimental to the national interest.
3 AGENCY ROLES
4 SEC. 406. (a) A private sector party may apply for a
5 license to operate a remote-sensing space system which uti-
6 lizes, on a space-available basis, a civilian United States
7 Government satellite or vehicle as a platform for such
8 system.
9 (b) The Secretary, pursuant to the authorities of this
10 title, may license such system if it meets all conditions of this
11 Act, and if-
12 (1) the applicant agrees, as a condition for the re-
13 ceipt of such license, to reimburse the Government im-
14 mediately for all related costs incurred with respect to
15 such utilization, including a reasonable and proportion-
16 ate share of fixed, spacecraft, data transmission, and
17 launch costs; and
18 (2) such utilization would not interfere with or
19 otherwise compromise the intended Government mis-
20 sions, as determined by the agency responsible for the
21 satellite or vehicle.
22 (c) The Secretary may offer assistance to private sector
23 parties in finding appropriate opportunities for such
24 utilization.
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1 (d) Federal agencies are authorized to enter into agree-
2 ments for such utilization if such agreements are consistent
3 with the agency's mission, statutory authority, and appropri-
4 ation Acts, and if such remote-sensing space system is li-
5 censed by the Secretary.
6 (e) The provisions of this section do not apply to activi-
7 ties carried out pursuant to title V.
TERMINATION
9 SEC. 407. If, five years after the expiration of the six-
10 year period described in section 302(b)(2), no private sector
11 party has been licensed and continued in operation under the
12 provisions of this title, the authority of this title shall
13 terminate.
14 TITLE V-RESEARCH AND DEVELOPMENT
15 PURPOSE AND POLICY
16 SEC. 501. It is the purpose of this title to provide for a
17 comprehensive civilian program of research, development,
18 and demonstration to enhance the United States capabilities
19 for remote-sensing from space, as well as to enhance the ap-
20 plication and utilization of such capabilities.
21 CONTINUED FEDERAL RESEARCH AND DEVELOPMENT
22 SEC. 502. (a)(1) The Administrator of the National
23 Aeronautics and Space Administration is directed to continue
24 and to enhance such Administration's programs of remote-
25 sensing research and development.
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1 (2) The Administrator is authorized and encouraged
2 to-
3 (A) conduct experimental space remote-sensing
4 programs (including applications demonstration pro-
5 grams and basic research at universities);
6 (B) develop remote-sensing technologies and tech-
7 niques, including those needed for monitoring the
8 Earth and its environment; and
9 (C) conduct such research and development in co-
10 operation with other public and private research enti-
11 ties, including private industry, universities, State and
12 local governments, foreign governments, and interna-
13 tional organizations, and to enter into arrangements
14 (including joint ventures) which will foster such
15 cooperation.
16 (b)(1) The Secretary shall conduct a continuing program
17 of-
18 (A) research in applications of remote-sensing;
19 (B) monitoring of the Earth and its environment;
20 and
21 (C) development of technology for such monitor-
22 ing.
23 (2) Such program may include support of basic research
24 at universities.
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1 (3) The Secretary is authorized and encouraged to con-
2 duct such research, monitoring, and development in coopera-
3 tion with other public and private research entities, including
4 private industry, universities, State and local governments,
5 foreign governments, and international organizations, and to
6 enter into arrangements (including joint ventures) which will
7 foster such cooperation.
8 (c) Other Federal agencies are authorized and encour-
9 aged to conduct research and development on the use of
10 remote-sensing in fulfillment of their authorized missions,
11 using funds appropriated for such purposes.
12 (d) The Secretary and the Administrator of the National
13 Aeronautics and Space Administration shall, within one year
14 after the date of enactment of this Act and biennially thereaf-
15 ter, jointly develop and transmit to the Congress a report
16 which includes (1) a unified national plan for remote-sensing
17 research and development applied to the Earth and its atmos-
18 phere; (2) a compilation of progress in the relevant ongoing
19 research and development activities of the Federal agencies;
20 and (3) an assessment of the state of our knowledge of the
21 Earth and its atmosphere, the needs for additional research
22 (including research related to operational Federal remote-
23 sensing space programs), and opportunities available for fur-
24 ther progress.
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1 USE OF EXPERIMENTAL DATA
2 SEC. 503. Data gathered in Federal experimental space
3 remote-sensing programs may be used in related research
4 and development programs funded by the Federal Govern-
5 ment (including applications programs) and cooperative re-
6 search programs, but not for commercial uses or in competi-
7 tion with private sector activities, except as permitted by sec-
8 tion 504.
9 SALE OF EXPERIMENTAL DATA
10 SEC. 504. Data gathered in Federal experimental space
1-1 remote-sensing programs may be sold en bloc through a com-
12 petitive process (consistent with national security interests
13 and international obligations of the United States) to any
14 United States entity which will market the data on a nondis-
15 criminatory basis.
16 TITLE VI-GENERAL PROVISIONS
17 NONDISCRIMINATORY DATA AVAILABILITY
18 SEC. 601. (a) Any digital remote-sensing data generated
19 by any system operator under the provisions of this Act shall
20 be made available to all users on a nondiscriminatory basis in
21 accordance with the requirements of this Act.
22 (b) Any system operator shall make publicly available
23 the prices, policies, procedures, and other terms and condi-
24 tions (but not, in accordance with section 104(3)(C), the
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1 names of buyers or their purchases) upon which the operator
2 will sell such data.
ARCHIVING OF DATA
4 SEC. 602. (a) It is in the public interest for the United
5 States Government-
6 (1) to maintain an archive of land remote-sensing
7 satellite data for historical, scientific, and technical
8 purposes, including long-term global environmental
9 monitoring;
10 (2) to control the content and scope of the ar-
11 chive; and
12 (3) to assure the quality, integrity, and continuity
13 of the archive.
14 (b) The Secretary shall provide for long-term storage,
15 maintenance, and upgrading of a basic, global, land remote-
16 sensing data set (hereafter referred to as the "basic data set")
17 and shall follow reasonable archival practices to assure
18 proper storage and preservation of the basic data set and
19 timely access for parties requesting data. The basic data set
20 which the Secretary assembles in the Government archive
21 shall remain distinct from any inventory of data which a
22 system operator may maintain for sales and for other
23 purposes.
24 (c) In determining the initial content of, or in upgrading,
25 the basic data set, the Secretary shall-
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1 (1) use as a baseline the MSS data currently
2 archived;
3 (2) take into account future technical and scien-
4 tific developments and needs;
5 (3) consult with and seek the advice of users and
6 producers of remote-sensing data and data products,
7 keeping the Congress advised of such contacts;
8 (4) consider the public's need for data which may
9 be duplicative in terms of geographical coverage but
10 which differ in terms of season, spectral bands, resolu-
11 tion, or other relevant factors;
12 (5) include, as the Secretary deems appropriate,
13 digital remote-sensing data generated either by the
14 Landsat system, pursuant to title III, or by license
15 holders under title IV; and
16 (6) include, as he deems appropriate, data collect-
17 ed by foreign ground stations or by foreign remote-
18 sensing space systems.
19 (d) All original data (or copies thereof) shall, on request,
20 be made promptly available to the Secretary by any system
21 operator in a form suitable for processing for data storage,
22 maintenance, and access. The Secretary is authorized (sub-
23 ject to the availability of appropriations) to pay to such
24 system operator reasonable costs for reproduction and trans-
25 mittal of any such data.
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1 (e) Any system operator shall have the exclusive right
2 to sell all data that the operator provides to the United States
3 remote-sensing data archive for a period to be determined by
4 the Secretary but not to exceed ten years from the date the
5 data are sensed. In the case of data generated from the Land-
6 sat system prior to the implementation of the contract de-
7 scribed in section 201(a) of this Act, any contractor selected
8 pursuant to section 201 shall have the exclusive right to
9 market such data on behalf of the United States Government
10 for the duration of such contract. A system operator may
11 relinquish his exclusive right and consent to distribution from
12 the archive before the period of exclusive right has expired by
13 terminating his offer to sell particular data.
14 (f) After expiration of such exclusive right to sell, or
15 after relinquishment of such right, the data provided to the
16 United States remote-sensing data archive shall be in the
17 public domain and shall be made available to requesting par-
18 ties by the Secretary at prices reflecting reasonable costs of
19 reproduction and transmittal.
20 (g) In carrying out the functions of this section, the Sec-
21 retary may use existing facilities or may contract with a pri-
22 vate sector party or parties for the performance of such func-
23 tions, subject to the availability of appropriations therefor.
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1 NONREPRODUCTION
2 SEC. 603. Digital remote-sensing data distributed by
3 any system operator under the provisions of this Act may be
4 sold under the condition that such data will not be repro-
5 duced or disseminated by the purchaser.
6 REIMBURSEMENT FOR ASSISTANCE; SALE OF EQUIPMENT
7 SEC. 604. (a) The Administrator of the National Aero-
8 nautics and Space Administration, the Secretary of Defense,
9 and the heads of other Federal agencies are authorized to
10 provide assistance to system operators under the provisions
11 of this Act. Substantial assistance, such as launch services,
12 shall be reimbursed by the system operator.
13 (b) The Secretary may allow a licensee under section
14 403, or any other private sector party, to buy or otherwise
15 acquire the use of equipment from the Landsat system, when
16 such equipment is no longer needed for the operation of that
17 system or for the sale of data from that system. Officials of
18 other Federal civilian agencies are authorized and encour-
19 aged to cooperate with the Secretary in carrying out this
20 subsection.
21 RADIO FREQUENCY ALLOCATION
22 SEC. 605. The Federal Communications Commission
23 and the Secretary are encouraged to allocate to any license
24 holder under title IV of this Act access to Government radio
25 frequencies and other civil radio frequencies appropriate for
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1 space remote-sensing systems in a timely manner consistent
2 with international obligations and with the national interest.
CONSULTATION
4 SEC. 606. (a) The Secretary shall consult with the Sec-
5 retary of Defense on all matters under this Act affecting na-
6 tional security. The Secretary of Defense shall be responsible
7 for determining those conditions, consistent with this Act,
8 necessary to meet national security concerns of the United
9 States and for notifying the Secretary promptly of such
10 conditions.
11 (b)(1) The Secretary shall consult with the Secretary of
12 State on all matters under this Act affecting international
13 obligations. The Secretary of State shall be responsible for
14 determining those conditions, consistent with this Act, neces-
15 sary to meet international obligations and policies of the
16 United States and for notifying the Secretary promptly of
17 such conditions.
18 (2) The Secretary of State is authorized and encouraged
19 to provide land remote-sensing data, technology, and training
20 to developing nations as a component of programs of interna-
21 tional aid.
22 (3) The Secretary of State. shall promptly report to the
23 Secretary any instances outside the United States of discrimi-
24 natory distribution of data.
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1 (c) If, as a result of conditions imposed on a system
2 operator on the basis of national security or international ob-
3 ligations or policies, the Secretary (in consultation with the
4 Secretary of Defense or the Secretary of State, as the case
5 may be) determines that additional costs will be incurred by
6 the system operator, or that past development costs (includ-
7 ing the cost of capital) will not be recovered by the system
8 operator, the Secretary may require the agency or agencies
9 requesting such conditions to reimburse the system operator
10 for such additional or development costs, excluding antici-
11 pated profits.
12 AMENDMENT TO NATIONAL AERONAUTICS AND SPACE
13 ADMINISTRATION AUTHORIZATION, 1983
14 SEC. 607. Subsection (a) of section 201 of the National
15 Aeronautics and Space Administration Authorization, 1983,
16 is amended to read as follows:
17 "(a) The Secretary of Commerce is hereby authorized to
18 plan and provide for the management and operation of civil
19 remote-sensing space systems, which may include the Land-
20 sat 4 and 5 satellites and associated ground system equip-
21 ment transferred from the National Aeronautics and Space
22 Administration; to provide for user fees; and to plan for the
23 transfer of the ownership and operation of civil, operational
24 remote-sensing space systems to the private sector when in
25 the national interest.".
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1 RELATION TO OTHER LAWS
2 SEC. 608. The requirements of this Act are in addition
3 to, and not in lieu of, any other provision of law.
4 AUTHORIZATION OF APPROPRIATIONS
5 SEC. 609. (a) There are authorized to be appropriated to
6 the Secretary $10,000,000 for fiscal year 1985 for the pur-
7 pose of carrying out the provisions of section 302, title IV,
8 and section 602 of this Act.
9 (b) The authorization provided for under subsection (a)
10 shall be in addition to moneys authorized pursuant to title II
11 of the National Aeronautics and Space Administration Au-
12 thorization Act of 1983 (Public Law 97-324).
13 TITLE VII-PROHIBITION OF COMMERCIALIZA-
14 TION OF WEATHER SATELLITES
15
PROHIBITION
16 SEC. 701. Neither the President nor any other official of
17 the Government shall make any effort to lease, sell, or trans-
18 fer to the private sector, commercialize, or in any way dis-
19 mantle any portion of the weather satellite systems operated
20 by the Department of Commerce or any successor agency.
21 FUTURE CONSIDERATIONS
22 SEC. 702. Regardless of any change in circumstances
23 subsequent to the enactment of this Act, even if such change
24 makes it appear to be in the national interest to commercial-
25 ize weather satellites, neither the President nor any official
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1 shall take any action prohibited by section 701 of this Act
2 unless this title has first been repealed.
Passed the House of Representatives April 9, 1984.
Attest: BENJAMIN J. GUTHRIE,
Clerk.
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