TITLE III PROVISION OF DATA CONTINUITY AFTER THE LANDSAT SYSTEM PURPOSES AND DEFINITION SEC. 301. (a) It is the purpose of this title- (1) to provide, in an orderly manner and with minimal risk, for a transition from Government operation to private, commercial operation of civil land remote-sensing systems; and (2) to provide data continuity for six years after the practical demise of the space segment of the Landsat system. (b) For purposes of this title, the term "data continuity" means the continued availability of unenhanced data- (1) including data which are from the point of view of a data user- (A) functionally equivalent to the multi-spectral data generated by the Landsat 1 and 2 satellites; and (B) compatible with such data and with equipment used to receive and process such data; and (2) at an annual volume at least equal to the Federal usage during fiscal year 1983. (c) Data continuity may be provided using whatever technologies are available. DATA CONTINUITY AND AVAILABILITY SEC. 302. The Secretary shall solicit proposals from United States private sector parties (as defined by the Secretary pursuant to section 202) for a contract for the development and operation of a remote-sensing space system capable of providing data continuity for a period of sic years and for marketing unenhanced data in accordance with the provisions of sections 601 and 602. Such proposals, at a minimum, shall specify- (1) the quantities and qualities of unenhanced data expected from the system; (2) the projected date upon which operations could begin; (3) the number of satellites to be constructed and their expected lifetimes; (4) any need for Federal funding to develop the system; (5) any percentage of sales receipts or other returns offered to the Federal Government; (6) plans for expanding the market for land remote-sensing data; and (7) the proposed procedures for meeting the national security concerns and international obligations of the United States in accordance with section 607. AWARDING OF THE CONTRACT Sec. 303. (a) (1) In accordance with the requirements of this title, the Secretary shall evaluate the proposals described in section 302 and, by means of a competitive process and to the extent provided in advance by appropriation Acts, shall contract with a United States private sector party for the capability of providing data continuity for a period of six years and for marketing unenhanced data. (2) Before commencing space operations the contractor shall obtain a license under title IV. (b) As part of the evaluation described in subsection (a), the Secretary shall analyze the expected outcome of each proposal in terms of - (1) the net cost to the Federal Government of developing the recommended system; (2) the technical competence and financial condition of the contractor; (3) the availability of such data after the expected termination of the landsat system; (4) the quantities and qualities of data to be generated by the recommended system; (5) the contractor's ability to supplement the requirement for data continuity by adding, at the contractor's expense, remote-sensing, capabilities which maintain United States leadership in remote-sensing; (6) the potential to expand the market for data; (7) expected returns to the Federal Government based on any percentage of data sales or other such financial consideration offered to the Federal Government in accordance with section 305; (8) the commercial viability of the proposal; (9) the proposed procedures for satisfying the national security concerns and international obligations of the United States; (10) the contractor's ability to effect a smooth transition with any contractor selected under title TT; and (11) such other factors as the Secretary deems appropriate and relevant. (c) Any decision or proposed decision by the Secretary to enter into any such contract shall be transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and technology of the House of Representatives for their review. No such decision or proposed decision shall be implemented unless (1) a period of 30 calendar days has passed after the receipt by each such committee of such transmittal, or (2) each such committee before the expiration of such period has agreed to transmit and has transmitted to the Secretary written notice to the effect that such committee has no objection to the decision or proposed decision. As part of the transmittal, the Secretary shall include the information specified in subsection (a). (d) If, as a result of the competitive process required by this section, the Secretary receives no proposal which is acceptable under the provisions of this title, the Secretary shall so certify and fully report such finding to the Congress. As soon as practicable but not later than 30 days after so certifying and reporting, the Secretary shall reopen the competitive process. The period for the subsequent competitive process shall not exceed 180 days. If, after such subsequent competitive process, the Secretary receives no proposal which is acceptable under the provisions of this title, the Secretary shall so certify and fully report such finding to the Congress. Not earlier than 90 days after such certification and report, the Secretary may assure data continuity by procurement and operation by the Federal Government of the necessary systems, to the extent provided in advance by appropriation Acts. TERMS OF CONTRACT Sec. 304. (a) (1) shall be entered into as soon as practicable, allowing for the competitive procurement process required by this title; (2) shall, in accordance with criteria determined and published by the Secretary, reason ably assure data continuity for a period of six years, beginning as soon as practicable in order to minimize any interruption of data availability; (3) shall provide that the contractor will offer to sell and deliver unenhanced data to all potencial buyers on a nondiscriminatory basis; (4) shall not provide a guarantee of data purchases from the contractor by the Federal Government; (5) may provide that the contractor utilize, on a space-available basis, a civilian United States Government satellite or vehicle as a platform for a civil land remote-sensing space system, if- (A) the contractor agrees to reimburse the Government immediately 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 (B) such utilization would not interfere with or otherwise compromise intended civilian Government missions, as determined by the agency responsible for the civilian platform; and (b) (1) Without regard to whether any contract entered into under this title is combined with a contract under title II, the Secretary shall promptly determine whether the contract entered into under this title reasonably effectuates the proposes and policies of title II. Such determination shall be submitted to the President and the Congress, together with a full statement of the basis for such determination. (2) If the Secretary determination that such contract does not reasonably effectuate the requirements of title II, the provisions of such title to the extent provided in advance in appropriations acts. MARKETING Sec. 305. (a) In order to promote aggressive marketing of land remote-sensing data, any contract entered into pursuant to this title may provide that the percentage of sales paid by the contractor to the Federal Government shall decrease according to stipulated increases in sales levels. (b) After the six-year period described in section 304 (a) (2), the contractor may continue to sell data. If licensed under title IV; the contractor may continue to operate a civil remote-sensing space system. REPORT Sec. 306. Two year after the date of the commencement of the six-year period described in section 304 (a) (2), the Secretary shall report to the President and to the Congress on the progress of the transition to fully private financing, ownership, and operation of remote-sensing space systems, together with any recommendations for actions, including actions necessary to ensure United States leadership in civilian land remote-sensing from space. TERMINATION OF AUTHORITY Sec. 307. The authority granted to the Secretary by this title shall terminate 10 years after the date of enactment of this Act.