--H.R.6133--
H.R.6133
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
To enable the United States to maintain its leadership in land remote sensing
by providing data continuity for the Landsat program, to establish a new
national land remote sensing policy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION. 1. SHORT TITLE.
This Act may be cited as the `Land Remote Sensing Policy Act of 1992'.

2c210df2ab7560a07fa68cc02d711db97c15bfaff7726505158d9c375c60202e

The Congress finds and declares the following:
(1) The continuous collection and utilization of land remote sensing data
from space are of major benefit in studying and understanding human impacts
on the global environment, in managing the Earth's natural resources, in
carrying out national security functions, and in planning and conducting
many other activities of scientific, economic, and social importance.
(2) The Federal Government's Landsat system established the United States
as the world leader in land remote sensing technology.
(3) The national interest of the United States lies in maintaining
international leadership in satellite land remote sensing and in broadly
promoting the beneficial use of remote sensing data.
(4) The cost of Landsat data has impeded the use of such data for scientific
purposes, such as for global environmental change research, as well as
for other public sector applications.
(5) Given the importance of the Landsat program to the United States,
urgent actions, including expedited procurement procedures, are required
to ensure data continuity.
(6) Full commercialization of the Landsat program cannot be achieved within
the foreseeable future, and thus should not serve as the near-term goal
of national policy on land remote sensing; however, commercialization of
land remote sensing should remain a long-term goal of United States policy.
(7) Despite the success and importance of the Landsat system, funding
and organizational uncertainties over the past several years have placed
its future in doubt and have jeopardized United States leadership in land
remote sensing.
(8) Recognizing the importance of the Landsat program in helping to meet
national and commercial objectives, the President approved, on February 11,
1992, a National Space Policy Directive which was developed by the National
Space Council and commits the United States to ensuring the continuity of
Landsat coverage into the 21st century.
(9) Because Landsat data are particularly important for national
security purposes and global environmental change research, management
responsibilities for the program should be transferred from the Department
of Commerce to an integrated program management involving the Department
of Defense and the National Aeronautics and Space Administration.
(10) Regardless of management responsibilities for the Landsat program,
the Nation's broad civilian, national security, commercial, and foreign
policy interests in remote sensing will best be served by ensuring that
Landsat remains an unclassified program that operates according to the
principles of open skies and nondiscriminatory access.
(11) Technological advances aimed at reducing the size and weight of
satellite systems hold the potential for dramatic reductions in the cost,
and substantial improvements in the capabilities, of future land remote
sensing systems, but such technological advances have not been demonstrated
for land remote sensing and therefore cannot be relied upon as the sole
means of achieving data continuity for the Landsat program.
(12) A technology demonstration program involving advanced remote sensing
technologies could serve a vital role in determining the design of a
follow-on spacecraft to Landsat 7, while also helping to determine whether
such a spacecraft should be funded by the United States Government, by
the private sector, or by an international consortium.
(13) To maximize the value of the Landsat program to the American public,
unenhanced Landsat 4 through 6 data should be made available, at a minimum,
to United States Government agencies, to global environmental change
researchers, and to other researchers who are financially supported by
the United States Government, at the cost of fulfilling user requests,
and unenhanced Landsat 7 data should be made available to all users at
the cost of fulfilling user requests.
(14) To stimulate development of the commercial market for unenhanced data
and value-added services, the United States Government should adopt a data
policy for Landsat 7 which allows competition within the private sector
for distribution of unenhanced data and value-added services.
(15) Development of the remote sensing market and the provision of commercial
value-added services based on remote sensing data should remain exclusively
the function of the private sector.
(16) It is in the best interest of the United States to maintain a permanent,
comprehensive Government archive of global Landsat and other land remote
sensing data for long-term monitoring and study of the changing global
environment.

07ac7e223b491e66ee7c6288911c82785c1b618dd4c9b587effe0fa1200a302d

In this Act, the following definitions apply:
(1) The term `Administrator' means the Administrator of the National
Aeronautics and Space Administration.
(2) The term `cost of fulfilling user requests' means the incremental costs
associated with providing product generation, reproduction, and distribution
of unenhanced data in response to user requests and shall not include any
acquisition, amortization, or depreciation of capital assets originally
paid for by the United States Government or other costs not specifically
attributable to fulfilling user requests.
(3) The term `data continuity' means the continued acquisition and
availability of unenhanced data which are, from the point of view of
the user--
(A) sufficiently consistent (in terms of acquisition geometry, coverage
characteristics, and spectral characteristics) with previous Landsat
data to allow comparisons for global and regional change detection and
characterization; and
(B) compatible with such data and with methods used to receive and process
such data.
(4) The term `data preprocessing' may include--
(A) rectification of system and sensor distortions in land remote sensing
data as it is received directly from the satellite in preparation for
delivery to a user;
(B) registration of such data with respect to features of the Earth; and
(C) calibration of spectral response with respect to such data, but does
not include conclusions, manipulations, or calculations derived from such
data, or a combination of such data with other data.
(5) The term `land remote sensing' means the collection of data which
can be processed into imagery of surface features of the Earth from an
unclassified satellite or satellites, other than an operational United
States Government weather satellite.
(6) The term `Landsat Program Management' means the integrated program
management structure--
(A) established by, and responsible to, the Administrator and the Secretary
of Defense pursuant to section 101(a); and
(B) consisting of appropriate officers and employees of the National
Aeronautics and Space Administration, the Department of Defense, and
any other United States Government agencies the President designates as
responsible for the Landsat program.
(7) The term `Landsat system' means Landsats 1, 2, 3, 4, 5, and 6, and
any follow-on land remote sensing system operated and owned by the United
States Government, along with any related ground equipment, systems,
and facilities owned by the United States Government.
(8) The term `Landsat 6 contractor' means the private sector entity which
was awarded the contract for spacecraft construction, operations, and data
marketing rights for the Landsat 6 spacecraft.
(9) The term `Landsat 7' means the follow-on satellite to Landsat 6.
(10) The term `National Satellite Land Remote Sensing Data Archive' means
the archive established by the Secretary of the Interior pursuant to the
archival responsibilities defined in section 502.
(11) The term `noncommercial purposes' refers to those activities undertaken
by individuals or entities on the condition, upon receipt of unenhanced
data, that--
(A) such data shall not be used in connection with any bid for a commercial
contract, development of a commercial product, or any other non-United
States Government activity that is expected, or has the potential, to
be profitmaking;
(B) the results of such activities are disclosed in a timely and complete
fashion in the open technical literature or other method of public
release, except when such disclosure by the United States Government or
its contractors would adversely affect the national security or foreign
policy of the United States or violate a provision of law or regulation; and
(C) such data shall not be distributed in competition with unenhanced data
provided by the Landsat 6 contractor.
(12) The term `Secretary' means the Secretary of Commerce.
(13) The term `unenhanced data' means land remote sensing signals or
imagery products that are unprocessed or subject only to data preprocessing.
(14) The term `United States Government and its affiliated users' means--
(A) United States Government agencies;
(B) researchers involved with the United States Global Change Research
Program and its international counterpart programs; and
(C) other researchers and international entities that have signed with
the United States Government a cooperative agreement involving the use of
Landsat data for noncommercial purposes.

e0c29cdad853156b33a1e726e324bd5604308a54a0bf7d4092ff991aeaf6dcae

The Land Remote-Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et
seq.) is repealed.

75c8adf2b63e47db0f59a220bad25222ca35541add96f2445ce6a0b588304c5b

(a) ESTABLISHMENT- The Administrator and the Secretary of Defense shall
be responsible for management of the Landsat program. Such responsibility
shall be carried out by establishing an integrated program management
structure for the Landsat system.
(b) MANAGEMENT PLAN- The Administrator, the Secretary of Defense, and
any other United States Government official the President designates as
responsible for part of the Landsat program, shall establish, through a
management plan, the roles, responsibilities, and funding expectations
for the Landsat Program of the appropriate United States Government
agencies. The management plan shall--
(1) specify that the fundamental goal of the Landsat Program Management
is the continuity of unenhanced Landsat data through the acquisition and
operation of a Landsat 7 satellite as quickly as practicable which is,
at a minimum, functionally equivalent to the Landsat 6 satellite, with the
addition of a tracking and data relay satellite communications capability;
(2) include a baseline funding profile that--
(A) is mutually acceptable to the National Aeronautics and Space
Administration and the Department of Defense for the period covering the
development and operation of Landsat 7; and
(B) provides for total funding responsibility of the National Aeronautics
and Space Administration and the Department of Defense, respectively,
to be approximately equal to the funding responsibility of the other as
spread across the development and operational life of Landsat 7;
(3) specify that any improvements over the Landsat 6 functional equivalent
capability for Landsat 7 will be funded by a specific sponsoring agency
or agencies, in a manner agreed to by the Landsat Program Management,
if the required funding exceeds the baseline funding profile required by
paragraph (2), and that additional improvements will be sought only if
the improvements will not jeopardize data continuity; and
(4) provide for a technology demonstration program whose objective shall
be the demonstration of advanced land remote sensing technologies that may
potentially yield a system which is less expensive to build and operate,
and more responsive to data users, than is the current Landsat system.
(c) RESPONSIBILITIES- The Landsat Program Management shall be responsible
for--
(1) Landsat 7 procurement, launch, and operations;
(2) ensuring that the operation of the Landsat system is responsive to
the broad interests of the civilian, national security, commercial, and
foreign users of the Landsat system;
(3) ensuring that all unenhanced Landsat data remain unclassified and that,
except as provided in section 506 (a) and (b), no restrictions are placed
on the availability of unenhanced data;
(4) ensuring that land remote sensing data of high priority locations will be
acquired by the Landsat 7 system as required to meet the needs of the United
States Global Change Research Program, as established in the Global Change
Research Act of 1990, and to meet the needs of national security users;
(5) Landsat data responsibilities pursuant to this Act;
(6) oversight of Landsat contracts entered into under sections 102 and 103;
(7) coordination of a technology demonstration program, pursuant to section
303; and
(8) ensuring that copies of data acquired by the Landsat system are provided
to the National Satellite Land Remote Sensing Data Archive.
(d) AUTHORITY TO CONTRACT- The Landsat Program Management may, subject to
appropriations and only under the existing contract authority of the United
States Government agencies that compose the Landsat Program Management,
enter into contracts with the private sector for services such as, but
not limited to, satellite operations and data preprocessing.
(e) Landsat Advisory Process-
(1) ESTABLISHMENT- The Landsat Program Management shall seek impartial
advice and comments regarding the status, effectiveness, and operation of
the Landsat system, using existing advisory committees and other appropriate
mechanisms. Such advice shall be sought from individuals who represent--
(A) a broad range of perspectives on basic and applied science and
operational needs with respect to land remote sensing data;
(B) the full spectrum of users of Landsat data, including representatives
from United States Government agencies, State and local government agencies,
academic institutions, nonprofit organizations, value-added companies,
the agricultural, mineral extraction, and other user industries, and the
public, and
(C) a broad diversity of age groups, sexes, and races.
(2) REPORTS- Within 1 year after the date of the enactment of this Act
and biennially thereafter, the Landsat Program Management shall prepare
and submit a report to the Congress which--
(A) reports the public comments received pursuant to paragraph (1); and
(B) includes--
(i) a response to the public comments received pursuant to paragraph (1);
(ii) information on the volume of use, by category, of data from the
Landsat system; and
(iii) any recommendations for policy or programmatic changes to improve
the utility and operation of the Landsat system.

866e810545136fd7d88448dc2fb33154ce8e618f21bc432ac7fa8a0f669d35fd

TITLE I

-LANDSAT

(a) CONTRACT NEGOTIATIONS- The Landsat Program Management shall, subject to
appropriations and only under the existing contract authority of the United
States Government agencies that compose the Landsat Program Management,
expeditiously contract with a United States private sector entity for the
development and delivery of Landsat 7.
(b) DEVELOPMENT AND DELIVERY CONSIDERATION- In negotiating a contract
under this section for the development and delivery of Landsat 7, the
Landsat Program Management shall--
(1) seek, as a fundamental objective, to have Landsat 7 operational by
the expected end of the design life of Landsat 6;
(2) seek to ensure data continuity by the development and delivery of a
satellite which is, at a minimum, functionally equivalent to the Landsat
6 satellite; and
(3) seek to incorporate in Landsat 7 any performance improvements required
to meet United States Government needs that would not jeopardize data
continuity.
(c) NOTIFICATION OF COST AND SCHEDULE CHANGES- The Landsat Program Management
shall promptly notify the Congress of any significant deviations from
the expected cost, delivery date, and launch date of Landsat 7, that are
specified by the Landsat Program Management upon award of the contract
under this section.
(d) UNITED STATES PRIVATE SECTOR ENTITIES- The Landsat Program Management
shall, for purposes of this Act, define the term `United States private
sector entities', taking into account the location of operations, assets,
personnel, and other such factors.

22c826764c47933e169fbc87806924439c8bcfead2a1201d372e0a50e3f21cbd

(a) CONTRACT NEGOTIATIONS- Within 30 days after the date of enactment of
this Act, the Landsat Program Management shall enter into negotiations
with the Landsat 6 contractor to formalize an arrangement with respect
to pricing, distribution, acquisition, archiving, and availability of
unenhanced data for which the Landsat 6 contractor has responsibility under
its contract. Such arrangement shall provide for a phased transition to a
data policy consistent with the Landsat 7 data policy (developed pursuant
to section 105) by the date of initial operation of Landsat 7. Conditions
of the phased arrangement should require that the Landsat 6 contractor
adopt provisions so that by the final phase of the transition period--
(1) such unenhanced data shall be provided, at a minimum, to the United
States Government and its affiliated users at the cost of fulfilling user
requests, on the condition that such unenhanced data are used solely for
noncommercial purposes;
(2) instructional data sets, selected from the Landsat data archives, will
be made available to educational institutions exclusively for noncommercial,
educational purposes at the cost of fulfilling user requests;
(3) Landsat data users are able to acquire unenhanced data contained in
the collective archives of foreign ground stations as easily and affordably
as practicable;
(4) adequate data necessary to meet the needs of global environmental
change researchers and national security users are acquired;
(5) the United States Government and its affiliated users shall not be
prohibited from reproduction or dissemination of unenhanced data to other
agencies of the United States Government and other affiliated users, on
the condition that such unenhanced data are used solely for noncommercial
purposes;
(6) nonprofit, public interest entities receive vouchers, data grants,
or other such means of providing them with unenhanced data at the cost of
fulfilling user requests, on the condition that such unenhanced data are
used solely for noncommercial purposes.
(7) a viable role for the private sector in the promotion and development
of the commercial market for value added and other services using unenhanced
data from the Landsat system is preserved; and
(8) unenhanced data from the Landsat system are provided to the National
Satellite Land Remote Sensing Data Archive at no more than the cost of
fulfilling user requests.
(b) FAILURE TO REACH AGREEMENT- If negotiations under subsection (a) have
not, by September 30, 1993, resulted in an agreement that the Landsat
Program Management determines generally achieves the goals stated in
subsection (b) (1) through (8), the Administrator and the Secretary of
Defense shall, within 30 days after the date of such determination, jointly
certify and report such determination to the Congress. The report shall
include a review of options and projected costs for achieving such goals,
and shall include recommendations for achieving such goals. The options
reviewed shall include--
(1) retaining the existing or modified contract with the Landsat 6
contractor;
(2) the termination of existing contracts for the exclusive right to market
unenhanced Landsat data; and
(3) the establishment of an alternative private sector mechanism for the
marketing and commercial distribution of such data.

381dc62f2500f09259fa35a5977abddec81eb08bf88e03d179016271ff795b86

The responsibilities of the Secretary with respect to Landsat 6 shall be
transferred to the Landsat Program Management, as agreed to between the
Secretary and the Landsat Program Management, pursuant to section 101.

6b112d9334b8f1e8616adde46e3be14da95ea2cf877ed4d25d75d370f839dcd1

(a) LANDSAT 7 DATA POLICY- The Landsat Program Management, in consultation
with other appropriate United States Government agencies, shall develop
a data policy for Landsat 7 which should--
(1) ensure that unenhanced data are available to all users at the cost of
fulfilling user requests;
(2) ensure timely and dependable delivery of unenhanced data to the full
spectrum of civilian, national security, commercial, and foreign users
and the National Satellite Land Remote Sensing Data Archive;
(3) ensure that the United States retains ownership of all unenhanced data
generated by Landsat 7;
(4) support the development of the commercial market for remote sensing data;
(5) ensure that the provision of commercial value-added services based
on remote sensing data remains exclusively the function of the private
sector; and
(6) to the extent possible, ensure that the data distribution system
for Landsat 7 is compatible with the Earth Observing System Data and
Information System.
(b) In addition, the data policy for Landsat 7 may provide for--
(1) United States private sector entities to operate ground receiving
stations in the United States for Landsat 7 data;
(2) other means for direct access by private sector entities to unenhanced
data from Landsat 7; and
(3) the United States Government to charge a per image fee, license fee,
or other such fee to entities operating ground receiving stations or
distributing Landsat 7 data.
(c) LANDSAT 7 DATA POLICY PLAN- Not later than July 15, 1994, the Landsat
Program Management shall develop and submit to Congress a report that
contains a Landsat 7 Data Policy Plan. This plan shall define the roles
and responsibilities of the various public and private sector entities
that would be involved in the acquisition, processing, distribution, and
archiving of Landsat 7 data and in operations of the Landsat 7 spacecraft.
(d) REPORTS- Not later than 12 months after submission of the Landsat 7
Data Policy Plan, required by subsection (c), and annually thereafter until
the launch of Landsat 7, the Landsat Program Management, in consultation
with representatives of appropriate United States Government agencies,
shall prepare and submit a report to the Congress which--
(1) provides justification for the Landsat 7 data policy in terms of the
civilian, national security, commercial, and foreign policy needs of the
United States; and
(2) provides justification for any elements of the Landsat 7 data policy
which are not consistent with the provisions of subsection (a).

2cb579ac79edb9f06e507bc2717344a653f4ad24a650669a654a9eaaf29109f1

(a) LICENSING AUTHORITY OF SECRETARY- (1) In consultation with other
appropriate United States Government agencies, the Secretary is authorized
to license private sector parties to operate private remote sensing space
systems for such period as the Secretary may specify and in accordance
with the provisions of this title.
(2) In the case of a private space system that is used for remote sensing
and other purposes, the authority of the Secretary under this title shall
be limited only to the remote sensing operations of such space system.
(b) COMPLIANCE WITH THE LAW, REGULATIONS, INTERNATIONAL OBLIGATIONS, AND
NATIONAL SECURITY- No license shall be granted by the Secretary unless
the Secretary determines in writing that the applicant will comply with
the requirements of this Act, any regulations issued pursuant to this Act,
and any applicable international obligations and national security concerns
of the United States.
(c) DEADLINE FOR ACTION ON APPLICATION- The Secretary shall review any
application and make a determination thereon within 120 days of the receipt
of such application. If final action has not occurred within such time,
the Secretary shall inform the applicant of any pending issues and of
actions required to resolve them.
(d) IMPROPER BASIS FOR DENIAL- The Secretary shall not deny such license
in order to protect any existing licensee from competition.
(e) REQUIREMENT TO PROVIDE UNENHANCED DATA- (1) The Secretary, in
consultation with other appropriate United States Government agencies and
pursuant to paragraph (2), shall designate in a license issued pursuant
to this title any unenhanced data required to be provided by the licensee
under section 202(b)(3).
(2) The Secretary shall make a designation under paragraph (1) after
determining that--
(A) such data are generated by a system for which all or a substantial
part of the development, fabrication, launch, or operations costs have
been or will be directly funded by the United States Government; or
(B) it is in the interest of the United States to require such data to be
provided by the licensee consistent with section 202(b)(3), after considering
the impact on the licensee and the importance of promoting widespread
access to remote sensing data from United States and foreign systems.
(3) A designation made by the Secretary under paragraph (1) shall not be
inconsistent with any contract or other arrangement entered into between
a United States Government agency and the licensee.

94b6a0db345fc6fecc049903b9bf77d6599cac2743ff91078a638399ac729dc3

TITLE II

-LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

(a) LICENSE REQUIRED FOR OPERATION- No person who is subject to the
jurisdiction or control of the United States may, directly or through any
subsidiary or affiliate, operate any private remote sensing space system
without a license pursuant to section 201.
(b) LICENSING REQUIREMENTS- Any license issued pursuant to this title
shall specify that the licensee shall comply with all of the requirements
of this Act and shall--
(1) operate the system in such manner as to preserve the national security
of the United States and to observe the international obligations of the
United States in accordance with section 506;
(2) make available to the government of any country (including the United
States) unenhanced data collected by the system concerning the territory
under the jurisdiction of such government as soon as such data are available
and on reasonable terms and conditions;
(3) make unenhanced data designated by the Secretary in the license pursuant
to section 201(e) available in accordance with section 501;
(4) upon termination of operations under the license, make disposition of
any satellites in space in a manner satisfactory to the President;
(5) furnish the Secretary with complete orbit and data collection
characteristics of the system, and inform the Secretary immediately of
any deviation; and
(6) notify the Secretary of any agreement the licensee intends to enter
with a foreign nation, entity, or consortium involving foreign nations
or entities.
(c) ADDITIONAL LICENSING REQUIREMENTS FOR LANDSAT 6 CONTRACTOR- In addition
to the requirements of paragraph (b), any license issued pursuant to
this title to the Landsat 6 contractor shall specify that the Landsat 6
contractor shall--
(1) notify the Secretary of any value added activities (as defined by the
Secretary by regulation) that will be conducted by the Landsat 6 contractor
or by a subsidiary or affiliate; and
(2) if such activities are to be conducted, provide the Secretary with a
plan for compliance with section 501 of this Act.

2ef2fe093d2c230c0ce441ad555bcd356cd71507c9ae655e50cba0bbeb1e6147

(a) FUNCTIONS- In order to carry out the responsibilities specified in
this title, the Secretary may--
(1) grant, condition, or transfer licenses under this Act;
(2) seek an order of injunction or similar judicial determination from a
United States District Court with personal jurisdiction over the licensee
to terminate, modify, or suspend licenses under this title and to terminate
licensed operations on an immediate basis, if the Secretary determines that
the licensee has substantially failed to comply with any provisions of this
Act, with any terms, conditions, or restrictions of such license, or with any
international obligations or national security concerns of the United States.
(3) provide penalties for noncompliance with the requirements of licenses
or regulations issued under this title, including civil penalties not to
exceed $10,000 (each day of operation in violation of such licenses or
regulations constituting a separate violation);
(4) compromise, modify, or remit any such civil penalty;
(5) issue subpoenas for any materials, documents, or records, or for the
attendance and testimony of witnesses for the purpose of conducting a
hearing under this section;
(6) seize any object, record, or report pursuant to a warrant from a
magistrate based on a showing of probable cause to believe that such
object, record, or report was used, is being used, or is likely to be used
in violation of this Act or the requirements of a license or regulation
issued thereunder; and
(7) make investigations and inquiries and administer to or take from any
person an oath, affirmation, or affidavit concerning any matter relating
to the enforcement of this Act.
(b) REVIEW OF AGENCY ACTION- Any applicant or licensee who makes a
timely request for review of an adverse action pursuant to subsection
(a)(1), (a)(3), (a)(5), or (a)(6) shall be entitled to adjudication by
the Secretary on the record after an opportunity for any agency hearing
with respect to such adverse action. Any final action by the Secretary
under this subsection shall be subject to judicial review under chapter
7 of title 5, United States Code.

92aaff2542299c38d2410d4c350512b4b0a03f5b6cd6ce6559924ec20d17948c

The Secretary may issue regulations to carry out this title. Such regulations
shall be promulgated only after public notice and comment in accordance
with the provisions of section 553 of title 5, United States Code.

eca0eba25de046b4ceb76e71aea42b9b77a4fa5f3af36da5898f0304ad3e4935

(a) LICENSE APPLICATION AND ISSUANCE- A private sector party may apply for
a license to operate a private remote sensing space system which utilizes,
on a space-available basis, a civilian United States Government satellite
or vehicle as a platform for such system. The Secretary, pursuant to this
title, may license such system if it meets all conditions of this title and--
(1) the system operator agrees to reimburse the Government in a timely
manner for all related costs incurred with respect to such utilization,
including a reasonable and proportionate share of fixed, platform, data
transmission, and launch costs; and
(2) such utilization would not interfere with or otherwise compromise
intended civilian Government missions, as determined by the agency
responsible for such civilian platform.
(b) ASSISTANCE- The Secretary may offer assistance to private sector
parties in finding appropriate opportunities for such utilization.
(c) AGREEMENTS- To the extent provided in advance by appropriation Acts,
any United States Government agency may enter into agreements for such
utilization if such agreements are consistent with such agency's mission
and statutory authority, and if such remote sensing space system is licensed
by the Secretary before commencing operation.
(d) APPLICABILITY- This section does not apply to activities carried out
under title III.
(e) EFFECT ON FCC AUTHORITY- Nothing in this title shall affect the authority
of the Federal Communications Commission pursuant to the Communications
Act of 1934 (47 U.S.C. 151 et seq.).

404bc29d6df2e51c3afecb1b7fc6a950e7bc3a29bbb17e07ea48b6e2c4d09ed2

(a) ROLES OF NASA AND DEPARTMENT OF DEFENSE- (1) The Administrator and the
Secretary of Defense are directed to continue and to enhance programs of
remote sensing research and development.
(2) The Administrator is authorized and encouraged to--
(A) conduct experimental space remote sensing programs (including
applications demonstration programs and basic research at universities);
(B) develop remote sensing technologies and techniques, including those
needed for monitoring the Earth and its environment; and
(C) conduct such research and development in cooperation with other United
States Government agencies and with public and private research entities
(including private industry, universities, non-profit organizations, State
and local governments, foreign governments, and international organizations)
and to enter into arrangements (including joint ventures) which will foster
such cooperation.
(b) Roles of Department of Agriculture and Department of Interior-
(1) In order to enhance the ability of the United States to manage
and utilize its renewable and nonrenewable resources, the Secretary of
Agriculture and the Secretary of the Interior are authorized and encouraged
to conduct programs of research and development in the applications of
remote sensing using funds appropriated for such purposes.
(2) Such programs may include basic research at universities, demonstrations
of applications, and cooperative activities involving other Government
agencies, private sector parties, and foreign and international
organizations.
(c) ROLE OF OTHER FEDERAL AGENCIES- Other United States Government agencies
are authorized and encouraged to conduct research and development on the
use of remote sensing in the fulfillment of their authorized missions,
using funds appropriated for such purposes.

35aefca6889a5ff0ffb1715ae3f5aeb33636de7e242a740e706df4a1f83e2a4f

TITLE III

-RESEARCH, DEVELOPMENT, AND DEMONSTRATION

(a) GENERAL RULE- All unenhanced land remote sensing data gathered and owned
by the United States Government, including unenhanced data gathered under
the technology demonstration program carried out pursuant to section 303,
shall be made available to users in a timely fashion.
(b) PROTECTION FOR COMMERCIAL DATA DISTRIBUTOR- The President shall seek
to ensure that unenhanced data gathered under the technology demonstration
program carried out pursuant to section 303 shall, to the extent practicable,
be made available on terms that would not adversely effect the commercial
market for unenhanced data gathered by the Landsat 6 spacecraft.

83154d16b1999f048bb8d17cd4caddd40bb81d77df429b530bdcbdeb51cf7545

(a) ESTABLISHMENT- As a fundamental component of a national land remote
sensing strategy, the President shall establish, through appropriate United
States Government agencies, a technology demonstration program. The goals
of such programs shall be to--
(1) seek to launch advanced land remote sensing system components within
5 years after the date of the enactment of this Act.
(2) demonstrate within such 5-year period advanced sensor capabilities
suitable for use in the anticipated land remote sensing program; and
(3) demonstrate within such 5-year period an advanced land remote sensing
system design that could be less expensive to procure and operate than the
Landsat system projected to be in operation through the year 2000, and that
therefore holds greater potential for private sector investment and control.
(b) EXECUTION OF PROGRAM- In executing the technology demonstration program,
the President shall seek to apply technologies associated with United
States National Technical Means of intelligence gathering, to the extent
that such technologies are appropriate for the technology demonstration
and can be declassified for such purposes without causing adverse harm to
United States national security interests.
(c) BROAD APPLICATION- To the greatest extent practicable, the technology
demonstration program established under subsection (a) shall be designed
to be responsive to the broad civilian, national security, commercial,
and foreign policy needs of the United States.
(d) PRIVATE SECTOR FUNDING- The technology demonstration program under
this section may be carried out in part with private sector funding.
(e) LANDSAT PROGRAM MANAGEMENT COORDINATION- The Landsat Program Management
shall have a coordinating role in the technology demonstration program
carried out under this section.
(f) REPORT TO CONGRESS- The President shall assess the progress of the
technology demonstration program under this section and, within 2 years
after the date of enactment of this Act, submit a report to the Congress
on such progress.

7c4b1d45879825025d660fd91c038181c5230039cabeceda011175d4dc16a90b

(a) ASSESSMENT- Within 5 years after the date of the enactment of this Act,
the Landsat Program Management, in consultation with representatives of
appropriate United States Government agencies, shall assess and report to
the Congress on the options for a successor land remote sensing system to
Landsat 7. The report shall include a full assessment of the advantages
and disadvantages of--
(1) private sector funding and management of a successor land remote
sensing system;
(2) establishing an international consortium for the funding and management
of a successor land remote sensing system;
(3) funding and management of a successor land remote sensing system by
the United States Government; and
(4) a cooperative effort between the United States Government and the
private sector for the funding and management of a successor land remote
sensing system.
(b) GOALS- In carrying out subsection (a), the Landsat Program Management
shall consider the ability of each of the options to--
(1) encourage the development, launch, and operation of a land remote
sensing system that adequately serves the civilian, national security,
commercial, and foreign policy interests of the United States;
(2) encourage the development, launch, and operation of a land remote
sensing system that maintains data continuity with the Landsat system; and
(3) incorporate system enhancements, including any such enhancements
developed under the technology demonstration program under section 303,
which may potentially yield a system that is less expensive to build and
operate, and more responsive to data users, than is the Landsat system
projected to be in operation through the year 2000.
(c) PREFERENCE FOR PRIVATE SECTOR SYSTEM- If a successor land remote sensing
system to Landsat 7 can be funded and managed by the private sector while
still achieving the goals stated in subsection (b) without jeopardizing
the domestic, national security, and foreign policy interests of the United
States, preference should be given to the development of such a system by
the private sector without competition from the United States Government.

d0f0ab8fc9ec98a5410d00f37482d6a9bcaf36dba23179082e13041984432835

TITLE IV

-ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENSING SYSTEM

(a) GENERAL RULE- Except as provided in subsection (b) of this section, any
unenhanced data generated by the Landsat system or any other land remote
sensing system funded and owned by the United States Government shall be
made available to all users without preference, bias, or any other special
arrangement (except on the basis of national security concerns pursuant to
section 506) regarding delivery, format, pricing, or technical considerations
which would favor one customer or class of customers over another.
(b) EXCEPTIONS- Unenhanced data generated by the Landsat system or any other
land remote sensing system funded and owned by the United States Government
may be made available to the United States Government and its affiliated
users at reduced prices, in accordance with this Act, on the condition
that such unenhanced data are used solely for noncommercial purposes.

815723889b21e8742ca494a101c4864c5afbf0754cf4de65a26bf70f40352a61

TITLE V

-GENERAL PROVISIONS

(a) PUBLIC INTEREST- It is in the public interest for the United States
Government to--
(1) maintain an archive of land remote sensing data for historical,
scientific, and technical purposes, including long-term global environmental
monitoring;
(2) control the content and scope of the archive; and
(3) assure the quality, integrity, and continuity of the archive.
(b) ARCHIVING PRACTICES- The Secretary of the Interior, in consultation
with the Landsat Program Management, 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 preservation
of the basic data set and timely access for parties requesting data.
(c) DETERMINATION OF CONTENT OF BASIC DATA SET- In determining the initial
content of, or in upgrading, the basic data set, the Secretary of Interior
shall--
(1) use as a baseline the data archived on the date of enactment of this Act;
(2) take into account future technical and scientific developments and
needs, paying particular attention to the anticipated data requirements
of global environmental change research;
(3) consult with and seek the advice of users and producers of remote
sensing data and data products;
(4) consider the need for data which may be duplicative in terms of
geographical coverage but which differ in terms of season, spectral bands,
resolution, or other relevant factors;
(5) include, as the Secretary of the Interior considers appropriate,
unenhanced data generated either by the Landsat system, pursuant to title I,
or by licensees under title II;
(6) include, as the Secretary of the Interior considers appropriate, data
collected by foreign ground stations or by foreign remote sensing space
systems; and
(7) ensure that the content of the archive is developed in accordance with
section 506.
(d) PUBLIC DOMAIN- After the expiration of any exclusive right to sell,
or after relinquishment of such right, the data provided to the National
Satellite Land Remote Sensing Data Archive shall be in the public domain
and shall be made available to requesting parties by the Secretary of the
Interior at the cost of fulfilling user requests.

036bb126776a517367a5d8ce1d1703398e7b7b971cab34a07e0c3ebb65ba2a4d

Unenhanced data distributed by any licensee under title II of this Act
may be sold on the condition that such data will not be reproduced or
disseminated by the purchaser for commercial purposes.

f2257efedd7cd2601670421451e9d1a19e5cdbea7e903ebbb08d23a4eef3b9ab

The  Administrator, the Secretary of Defense, and the heads of other United
States Government agencies may provide assistance to land remote sensing
system operators under the provisions of this Act. Substantial assistance
shall be reimbursed by the operator, except as otherwise  provided by law.

6d29e54248f4e7b43319a30b8e2428e939768843b46d9dce91b35d50ddaf28d7

The Landsat Program Management may, by means of a competitive process,
allow a licensee under title II 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 United States
Government civilian agencies are authorized and encouraged to cooperate
with the Secretary in carrying out this section.

9b72724668115d5049ab0c5b06c478a907a6a66dfa00525da3aac4c4802a6d17

(a) APPLICATION TO FEDERAL COMMUNICATIONS COMMISSION- To the extent required
by the Communications Act of 1934 (47 U.S.C. 151 et seq.), an application
shall be filed with the Federal Communications Commission for any radio
facilities involved with commercial remote sensing space systems licensed
under title II.
(b) DEADLINE FOR FCC ACTION- It is the intent of Congress that the Federal
Communications Commission complete the radio licensing process under the
Communications Act of 1934 (47 U.S.C. 151 et seq.), upon the application
of any private sector party or consortium operator of any commercial
land remote sensing space system subject to this Act, within 120 days
of the receipt of an application for such licensing. 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) DEVELOPMENT AND CONSTRUCTION OF UNITED STATES SYSTEMS- Authority
shall not be required from the Federal Communications Commission  for the
development and construction of any United States land remote sensing space
system (or component thereof), other than radio transmitting facilities
or components, while any licensing determination is being made.
(d) CONSISTENCY WITH INTERNATIONAL OBLIGATIONS AND PUBLIC INTEREST- Frequency
allocations made pursuant to this section by the Federal Communications
Commission  shall be consistent with international obligations and with
the public interest.

0771e3546a3f80d1bbd8fd386dd1c332fba0159208a2b0ab67ff73ff41d14445

(a) CONSULTATION WITH SECRETARY OF DEFENSE- The Secretary and the Landsat
Program Management shall consult with the Secretary of Defense on all matters
under this Act affecting national security. The Secretary of Defense shall
be responsible for determining those conditions, consistent with this Act,
necessary to meet national security concerns of the United States and for
notifying the Secretary and the Landsat Program Management promptly of
such conditions.
(b) CONSULTATION WITH SECRETARY OF STATE- (1) The Secretary and the
Landsat Program Management shall consult with the Secretary of State
on all matters under this Act affecting international obligations. The
Secretary of State shall be responsible for determining those conditions,
consistent with this Act, necessary to meet international obligations and
policies of the United States and for notifying promptly the Secretary
and the Landsat Program Management of such conditions.
(2) Appropriate United States Government agencies are authorized and
encouraged to provide remote sensing data, technology, and training to
developing nations as a component of programs of international aid.
(3) The Secretary of State shall promptly report to the Secretary and
Landsat Program Management any instances outside the United States of
discriminatory distribution of Landsat data.
(c) STATUS REPORT- The Landsat Program Management shall, as often as
necessary, provide to the Congress complete and updated information about
the status of ongoing operations of the Landsat system, including timely
notification of decisions made with respect to the Landsat system in
order to meet national security concerns and international obligations
and policies of the United States Government.
(d) REIMBURSEMENTS- If, as a result of technical modifications imposed
on a licensee under title II on the basis of national security concerns,
the Secretary, in consultation with the Secretary of Defense or with other
Federal agencies, determines that additional costs will be incurred by the
licensee, or that past development costs (including the cost of capital)
will not be recovered by the licensee, the Secretary may require the
agency or agencies requesting such technical modifications to reimburse the
licensee for such additional or development costs, but not for anticipated
profits. Reimbursements may cover costs associated with required changes
in system performance, but not costs ordinarily associated with doing
business abroad.

19b831df73dced2a095aa686a9b83f99d790397dfd45fb16ccdec3bd03fddb6b

(a) IN GENERAL- In order to ensure that unenhanced data from the Landsat
system received solely for noncommercial purposes are not used for any
commercial purpose, the Secretary (in collaboration with private sector
entities responsible for the marketing and distribution of unenhanced data
generated by the Landsat system) shall develop and implement a system
for enforcing this prohibition, in the event that unenhanced data from
the Landsat system are made available for noncommercial purposes at a
different price than such data are made available for other purposes.
(b) AUTHORITY OF SECRETARY- Subject to subsection (d), the Secretary
may impose any of the enforcement mechanisms described in subsection (c)
against a person who--
(1) receives unenhanced data from the Landsat system under this Act solely
for noncommercial purposes (and at a different price than the price at
which such data are made available for other purposes); and
(2) uses such data for other than noncommercial purposes.
(c) ENFORCEMENT MECHANISMS- Enforcement mechanisms referred to in subsection
(b) may include civil penalties of not more than $10,000 (per day per
violation), denial of further unenhanced data purchasing privileges, and
any other penalties or restrictions the Secretary considers necessary to
ensure, to the greatest extent practicable, that unenhanced data provided for
noncommercial purposes are not used to unfairly compete in the commercial
market against private sector entities not eligible for data at the cost
of fulfilling user requests.
(d) PROCEDURES AND REGULATIONS- The Secretary shall issue any regulations
necessary to carry out this section and shall establish standards and
procedures governing the imposition of enforcement mechanisms under
subsection (b). The standards and procedures shall include a  procedure for
potentially aggrieved parties to file formal protests with the Secretary
alleging instances where such unenhanced data has been, or is being,
used for commercial purposes in violation of the terms of receipt of such
data. The Secretary shall promptly act to investigate any such protest,
and shall report annually to the Congress on instances of such violations.

8b441b496e101430519811a6411471d414fea93f51a40f60768e71b36c141487

Neither the President nor any other official of the Government shall
make any effort to lease, sell, or transfer to the private sector, or
commercialize, any portion of the weather satellite systems operated by
the Department of Commerce or any successor agency.

1902933c0d5c068a3f993e7b9a817f8bfa5ec311df7ba08f6632fcdef094ed1d

TITLE VI

-PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES

Regardless of any change in circumstances subsequent to the enactment
of this Act, even if such change makes it appear to be in the national
interest to commercialize weather satellites, neither the President nor
any official shall take any action prohibited by section 601 unless this
title has first been repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

4e1ed6be23974ebcb88de194a5df2f28928816fbb2ba9c293165aabb34bd29f1

Land Remote Sensing Policy Act of 1992 — HR. 6133

Other Sections