SEC. 501. NONDISCRIMINATORY DATA AVAILABILITY.
||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.
||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.
SEC. 502. ARCHIVING OF DATA.
||PUBLIC INTEREST.-It is in the public interest for the
United States Government to-
||maintain an archive of land remote sensing data
for historical, scientific, and technical purposes, including
long-term global environmental monitoring;
||control the content and scope of the archive;
||assure the quality, integrity, and continuity
of the archive.
||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.
||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-
||use as a baseline the data archived on the date
of enactment of this Act;
||take into account future technical and scientific
developments and needs, paying particular attention to the anticipated
data requirements of global environmental change research;
||consult with and seek the advice of users and
producers of remote sensing data and data products;
||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;
||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;
||include, as the Secretary of the Interior considers
appropriate, data collected by foreign ground stations or by
foreign remote sensing space systems; and
||ensure that the content of the archive is developed
in accordance with section 506.
||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.
SEC. 503. NONREPRODUCTION.
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.
SEC. 504. REIMBURSEMENT FOR ASSISTANCE.
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.
SEC. 505. ACQUISITION OF EQUIPMENT.
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.
SEC. 506. RADIO FREQUENCY ALLOCATION.
||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.
||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
||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
||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
SEC. 507. CONSULTATION.
||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.
||CONSULTATION WITH SECRETARY OF STATE.-
||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.
||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.
||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
||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.
||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.
SEC. 508. ENFORCEMENT.
||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.
||AUTHORITY OF SECRETARY.-Subject to subsection (d), the
Secretary may impose any of the enforcement mechanisms described in
subsection (c) against a person who-
||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
||uses such data for other than noncommercial purposes.
||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 non-commercial 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
||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.