TITLE I |
DECLARATION
OF FINDINGS, PURPOSES, AND POLICIES
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FINDINGS
SEC. 101. The Congress finds and declares that-
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(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;
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(2) |
the Federal Government's experimental
Landsat system has established the United States as the world leader
in land remote-sensing technology;
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(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;
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(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;
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(5) |
the broadest and most beneficial use of
land remote-sensing data will result from maintaining a policy of
nondiscriminatory access to data;
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(6) |
competitive, market-driven private sector
involvement in land remote sensing is in the national interest of
the United States;
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(7) |
use of land remote-sensing data has been
inhibited by slow market development and by the lack of assurance
of data continuity;
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(8) |
the private sector, and in particular the
"value-added" industry, is best suited to develop land remote-sensing
data markets;
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(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;
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(10) |
cooperation between the Federal Government
and private industry can help assure both data continuity and United
States leadership;
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(11) |
the time is now appropriate to initiate
such cooperation with phased transition to a fully commercial system;
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(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;
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(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
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(14) |
there is no compelling reason to commercialize
meteorological satellites at this time.
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PURPOSES
SEC. 102. The purposes of this Act are to-
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(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;
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(2) |
maintain the United States worldwide leadership
in civil remote sensing, preserve its national security, and fulfill
its international obligations;
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(3) |
minimize the duration and amount
of further Federal investment necessary to assure data continuity
while achieving commercialization of civil land remote sensing;
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(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
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(5) |
prohibit commercialization of meteorological
satellites at this time.
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POLICIES
SEC. 103.
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(a) |
It shall be the policy of the United States
to preserve its right to acquire and disseminate unenhanced remote-sensing
data.
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(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.
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(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.
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DEFINITIONS
SEC. 104. For purposes of this Act:
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(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.
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(2) |
The term "Secretary" means the
Secretary of Commerce.
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(3) |
(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.
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(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;
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(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;
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(iii) |
the system operator
does not make unenhanced data available to any purchaser
on an exclusive basis; and
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(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.
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(C) |
The sale of data on
a nondiscriminatory basis does not require
(i) |
that a system
operator disclose names of buyers or their purchases;
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(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.
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(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.
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(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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