TITLE VI GENERAL PROVISIONS NONDISCRIMINATORY DATA AVAILABILITY Sec. 601. (a) Any unenhanced data generated by any system operator under the provisions of this Act shall be made available to all users on a nondiscriminatory basis in accordance with the requirements of this Act. (c) Any system operator shall make publicly available the prices, policies procedures, and other terms and conditions (but, in accordance with section 104 (3) (C), not necessarily the names of buyers or their purchases) upon which the operator will sell such data. ARCHIVING OF DATA Sec. 602. (a) It is in the public interest for the United States Government- (1) to maintain an archive of land remote-sensing data for historical, scientific, and technical purposes, including long-term global environmental monitoring; (2) to control the content and scope of the archive; and (3) to assure the quality, integrity, and continuity of the archive. (b) The Secretary shall provide for long-term storage, maintenance, and upgrading of a basic, global, land remote-sensing data set (hereinafter referred to as the "bas data set") and shall follow reasonable archival practices to assure proper storage an preservation of the basic data set and timely access for parties requesting data. The basic data set which the Secretary assembles the Government archive shall remain distinct from any inventory of data which system operator may maintain for sales an for other purposes. (c) In determining the initial content of, or in upgrading, the basic data set, the Secretary shall- (1) use as a baseline the data archived or the date of enactment of this Act; (2) take into account future technical am scientific developments and needs; (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 considers appropriate, unenhanced data generated either by the Landsat system, pursuant to title III or by licensees under title IV; (6) include, as the Secretary 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 607. (d) Subject to the availability of appropriations, the Secretary shall request data needed for the basis data set and pay to the providing system operator reasonable costs for reproduction and transmission. A system operator shall promptly make requested data available in a form suitable for processing for archiving. (e) Any system operator shall have the exclusive right to sell all data that the operator provides to the United States remote-sensing data archive for a period to be determined by the Secretary but not to exceed ten years from the date the data are sensed. In the case of data generated from the Landsat system prior to the implementation of the contract described in section 202(a), any contractor selected pursuant to section 202 shall have the exclusive right to market such data on behalf of the United States Government for the duration of such contract. A system operator may relinquish the exclusive right and consent to distribution from the archive before the period of exclusive right has expired by terminating the offer to sell particular data. (f) After the expiration of such exclusive right to sell, or after relinquishment of such right, the data provided to the Unite States remote-sensing data archive shall be in the public domain and shall be made available to requesting parties by the Secretary at prices reflecting reasonable costs of reproduction and transmittal. (g) In carrying out the functions of this section, the Secretary shall, to the extent practicable and as provided in advance by appropriation Acts, use existing Government facilities. NONREPRODUCTION Sec. 603. Unenhanced data distributed by any system operator under the provisions of this Act may be sold on the condition that such data will not be reproduced or disseminated by the purchaser. REIMBURSEMENT FOR ASSISTANCE Sec. 604. The Administrator of the National Aeronautics and Space Administration, the Secretary of Defense and the heads of other Federal agencies may provide assistance to system operators under the provisions of this Act. Substantial assistance shall be reimbursed by the operator, except as otherwise provided by law. ACQUISITION OF EQUIPMENT Sec. 605. The Secretary may, by means of a competitive process, allow a licensee under title IV 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 Federal civilian agencies are authorized and encouraged to cooperate with the Secretary in carrying out the provisions of this section. RADIO FREQUENCY ALLOCATION Sec. 606. (a) Within 30 days after the date of enactment of this Act, the President (or the President's delegee, if any, with authority over the assignment of frequencies to radio stations or classes of radio stations operated by the United States) shall make available for non-governmental use spectrum presently allocated to government use, for use by United States Landsat and commercial remote-sensing space systems. The spectrum to be so made available shall conform to any applicable international radio or wire treaty or convention, or regulations annexed thereto. Within 90 days thereafter, the Federal Communications Commission shall utilize appropriate procedures to authorize the use of such spectrum for non-governmental use. Nothing in this section shall preclude the ability of the Commission to allocate additional spectrum to commercial land remote-sensing space satellite system use. (b) To the extent required by the Communications Act of 1934, as amended (47 U.S.C. 151 et. seq.), an application shall be filed with the Federal Communications Commission for any radio facilities involved with the commercial remote-sensing space system. (c) It is the intent of Congress that the Federal Communications Commission complete the radio licensing process under the Communications Act of 1934, as amended (47 US.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. (d) 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. (e) Frequency allocations made pursuant to this section by the Federal Communications Commission shall be consistent with international obligations and with the public interest. CONSULTATION Sec. 607. (a) The Secretary 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 promptly of such conditions. (b) (1) The Secretary 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 the Secretary promptly of such conditions. (2) Appropriate Federal 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 any instances outside the United States of discriminatory distribution of data. (c) If, as a result of technical modifications imposed on a system operator 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 system operator, or that past development costs (including the cost of capital) will not be recovered by the system operator, the Secretary may require the agency or agencies requesting such technical modifications to reimburse the system operator 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. AMENDMENT TO NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION, 1983 Sec. 608. Subsection (a) of section 201 of the National Aeronautics and Space Administration Authorization Act, 1983 (Public Law 97-324: 96 Stat. 1601) is amended to read as follows; "(a) The Secretary of Commerce is authorized to plan and provide for the management and operation of civil remote-sensing space systems, which may include the Landsat 4 and 5 satellites and associated ground system equipment transferred from the National Aeronautics and Space Administration; to provide for user fees: and to plan for the transfer of the operation of civil remote-sensing space systems to the private sector when in the national interest. AUTHORIZATION OF APPROPRIATIONS Sec. 609. (a) There are authorized to be appropriated to the Secretary $75,000,000 for fiscal year 1985 for the purpose of carrying out the provisions of this Act. Such sums shall remain available until expended, but shall not become available until the time periods specified in sections 202 (c) and 303 (c) have expired. (b) The authorization provided for under subsection (a) shall be in addition to moneys authorized pursuant to title II of the National Aeronautics and Space Administration Authorization Act. 1983.