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Contents Intoroduction Preliminaries Chapter 1 Chapter 2
Chapter 3 Chapter 4 Appendix Index



SEC. 101. The Congress finds and declares that-
  (1) the continuous civilian collection and utilization of land remote-sensing data from space are of major benefit in managing the Earth's natural resources and in planning and conducting many other activities of economic importance;
  (2) the Federal Government's experimental Landsat system has established the United States as the world leader in land remote-sensing technology;
  (3) the national interest of the United States lies in maintaining international leadership in civil remote sensing and in broadly promoting the beneficial use of remote-sensing data;
  (4) land remote sensing by the Government or private parties of the United States affects international commitments and policies and national security concerns of the United States;
  (5) the broadest and most beneficial use of land remote-sensing data will result from maintaining a policy of nondiscriminatory access to data;
  (6) competitive, market-driven private sector involvement in land remote sensing is in the national interest of the United States;
  (7) use of land remote-sensing data has been inhibited by slow market development and by the lack of assurance of data continuity;
  (8) the private sector, and in particular the "value-added" industry, is best suited to develop land remote-sensing data markets;
  (9) there is doubt that the private sector alone can currently develop a total land remote-sensing system because of the high risk and large capital expenditure involved;
  (10) cooperation between the Federal Government and private industry can help assure both data continuity and United States leadership;
  (11) the time is now appropriate to initiate such cooperation with phased transition to a fully commercial system;
  (12) such cooperation should be structured to involve the minimum practicable amount of support and regulation by Federal Government and the maximum practicable amount of competition by the private sector, while assuring continuous availability to the Federal Government of land remote-sensing data;
  (13) certain Government oversight must be maintained to assure that private sector activities are in the national interest and that the international commitments and policies of the United States are honored; and
  (14) there is no compelling reason to commercialize meteorological satellites at this time.

SEC. 102.
The purposes of this Act are to-
  (1) guide the Federal Government in achieving proper involvement of the private sector by providing a framework for phased commercialization of land remote sensing and by assuring continuous data availability to the Federal Government;
  (2) maintain the United States worldwide leadership in civil remote sensing, preserve its national security, and fulfill its international obligations;
  (3) minimize the duration and amount of further Federal investment necessary to assure data continuity while achieving commercialization of civil land remote sensing;
  (4) provide for a comprehensive civilian program of research, development, and demonstration to enhance both the United States capabilities for remote sensing from space and the application and utilization of such capabilities; and
  (5) prohibit commercialization of meteorological satellites at this time.

SEC. 103.
  (a) It shall be the policy of the United States to preserve its right to acquire and disseminate unenhanced remote-sensing data.
  (b) It shall be the policy of the United States that civilian unenhanced remote-sensing data be made available to all potential users on a nondiscriminatory basis and in a manner consistent with applicable anti-trust laws.
  (c) It shall be the policy of the United States both to commercialize those remote-sensing space systems that properly lend themselves to private sector operation and to avoid competition by the Government with such commercial operations, while continuing to preserve our national security, to honor our international obligations, and to retain in the Government those remote-sensing functions that are essentially of a public service nature.

SEC. 104.
For purposes of this Act:
  (1) The term "Landsat system" means Landsats 1, 2, 3, 4, and 5, and any related ground equipment, systems, and facilities, and any successor civil land remote-sensing space systems operated by the United States Government prior to the commencement of the six-year period described in title III.
  (2) The term "Secretary" means the Secretary of Commerce.
(A) The term "nondiscriminatory basis" means without preference, bias, or any other special arrangement (except on the basis of national security concerns pursuant to section 607) regarding delivery, format, financing, or technical considerations which would favor one buyer or class of buyers over another.
(B) The sale of data is made on a nondiscriminatory basis only if
(i) any offer to sell or deliver data is published in advance in such manner as will ensure that the offer is equally available to all prospective buyers;
(ii) the system operator has not established or changed any price, policy, procedure, or other term or condition in a manner which gives one buyer or class of buyer de facto favored access to data;
(iii) the system operator does not make unenhanced data available to any purchaser on an exclusive basis; and
(iv) in a case where a system operator offers volume discounts, such discounts are no greater than the demonstrable reductions in the cost of volume sales. The sale of data on a nondiscriminatory basis does not preclude the system operator from offering discounts other than volume discounts to the extent that such discounts are consistent with the provisions of this paragraph.
(C) The sale of data on a nondiscriminatory basis does not require
(i) that a system operator disclose names of buyers or their purchases;
(ii) that a system operator maintain all, or any particular subset of, data in a working inventory; of
(iii) that a system operator expend equal effort in developing all segments of a market.
  (4) The term "unenhanced data" means unprocessed or minimally processed signals or film products collected from civil remote sensing space systems. Such minimal processing may include rectification of distortions, registration with respect to features of the Earth, and calibration of spectral response. Such minimal processing does not include conclusions, manipulations, or calculations derived from such signals or film products or combination of the signals or film products with other data or information.
  (5) The term "system operator" means a contractor under title II or title III or a license holder under title IV.

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