SEC. 101. LANDSAT PROGRAM MANAGEMENT.
| (a) |
ESTABLISHMENT.-The Administrator and the Secretary of
Defense shall be responsible for management of the Landsat program.
Such responsibility shall be carried out by establishing an integrated
program management structure for the Landsat system.
|
| (b) |
MANAGEMENT PLAN.-The Administrator, the Secretary of
Defense, and any other United States Government official the President
designates as responsible for part of the Landsat program, shall establish,
through a management plan, the roles, responsibilities, and funding
expectations for the Landsat Program of the appropriate United States
Government agencies. The management plan shall-
| (1) |
specify that the fundamental goal of the Landsat
Program Management is the continuity of unenhanced Landsat data
through the acquisition and operation of a Landsat 7 satellite
as quickly as practicable which is, at a minimum, functionally
equivalent to the Landsat 6 satellite, with the addition of
a tracking and data relay satellite communications capability;
|
| (2) |
include a baseline funding profile that-
| (A) |
is mutually acceptable to the National Aeronautics
and Space Administration and the Department of Defense
for the period covering the development and operation
of Landsat 7; and
|
| (B) |
provides for total funding responsibility
of the National Aeronautics and Space Administration and
the Department of Defense, respectively, to be approximately
equal to the funding responsibility of the other as spread
across the development and operational life of Landsat
7;
|
|
| (3) |
specify that any improvements over the Landsat
6 functional equivalent capability for Landsat 7 will be funded
by a specific sponsoring agency or agencies, in a manner agreed
to by the Landsat Program Management, if the required funding
exceeds the baseline funding profile required by paragraph (2),
and that additional improvements will be sought only if the
improvements will not jeopardize data continuity; and
|
| (4) |
provide for a technology demonstration program
whose objective shall be the demonstration of advanced land
remote sensing technologies that may potentially yield a system
which is less expensive to build and operate, and more responsive
to data users, than is the current Landsat system.
|
|
| (c) |
RESPONSIBILITIES.-The Landsat Program Management shall
be responsible for-
| (1) |
Landsat 7 procurement, launch, and operations;
|
| (2) |
ensuring that the operation of the Landsat system
is responsive to the broad interests of the civilian, national
security, commercial, and foreign users of the Landsat system;
|
| (3) |
ensuring that all unenhanced Landsat data remain
unclassified and that, except as provided in section 506 (a)
and (b), no restrictions are placed on the availability of unenhanced
data;
|
| (4) |
ensuring that land remote sensing data of high
priority locations will be acquired by the Landsat 7 system
as required to meet the needs of the United States Global Change
Research Program, as established in the Global Change Research
Act of 1990, and to meet the needs of national security users;
|
| (5) |
Landsat data responsibilities pursuant to this
Act;
|
| (6) |
oversight of Landsat contracts entered into under
sections 102 and 103;
|
| (7) |
coordination of a technology demonstration program,
pursuant to section 303; and
|
| (8) |
ensuring that copies of data acquired by the Landsat
system are provided to the National Satellite Land Remote Sensing
Data Archive
|
|
| (d) |
AUTHORITY TO CONTRACT.-The Landsat Program Management
may, subject to appropriations and only under the existing contract
authority of the United States Government agencies that compose the
Landsat Program Management, enter into contracts with the private
sector for services such as, but not limited to, satellite operations
and data preprocessing.
|
| (e) |
LANDSAT ADVISORY PROCESS.-
| (1) |
ESTABLISHMENT.-The Landsat Program Management
shall seek impartial advice and comments regarding the status,
effectiveness, and operation of the Landsat system, using existing
advisory committees and other appropriate mechanisms. Such advice
shall be sought from individuals who represent-
| (A) |
a broad range of perspectives on basic and
applied science and operational needs with respect to
land remote sensing data;
|
| (B) |
the full spectrum of users of Landsat data,
including representatives from United States Government
agencies, State and local government agencies, academic
institutions, nonprofit organizations, value-added companies,
the agricultural, mineral extraction, and other user industries,
and the public, and
|
| (C) |
a broad diversity of age groups, sexes,
and races.
|
|
| (2) |
REPORTS.-Within 1 year after the date of the enactment
of this Act and biennially thereafter, the Landsat Program Management
shall prepare and submit a report to the Congress which-
| (A) |
reports the public comments received pursuant
to paragraph (1); and
|
| (B) |
includes-
| (i) |
a response to the public comments
received pursuant to paragraph (1); |
| (ii) |
information on the volume of use,
by category, of data from the Landsat system; and
|
| (iii) |
any recommendations for policy or
programmatic changes to improve the utility and
operation of the Landsat system.
|
|
|
|
SEC. 102. PROCUREMENT OF LANDSAT 7.
| (a) |
CONTRACT NEGOTIATIONS.-The Landsat Program Management
shall, subject to appropriations and only under the existing contract
authority of the United States Government agencies that compose the
Landsat Program Management, expeditiously contract with a United States
private sector entity for the development and delivery of Landsat
7.
|
| (b) |
DEVELOPMENT AND DELIVERY CONSIDERATION.-In negotiating
a contract under this section for the development and delivery of
Landsat 7, the Landsat Program Management shall-
| (1) |
seek, as a fundamental objective, to have Landsat
7 operational by the expected end of the design life of Landsat
6;
|
| (2) |
seek to ensure data continuity by the development
and delivery of a satellite which is, at a minimum, functionally
equivalent to the Landsat 6 satellite; and
|
| (3) |
seek to incorporate in Landsat 7 any performance
improvements required to meet United States Government needs
that would not jeopardize data continuity.
|
|
| (c) |
NOTIFICATION OF COST AND SCHEDULE CHANGES.-The Landsat
Program Management shall promptly notify the Congress of any significant
deviations from the expected cost, delivery date, and launch date
of Landsat 7, that are specified by the Landsat Program Management
upon award of the contract under this section.
|
| (d) |
UNITED STATES PRIVATE SECTOR ENTITIES.-The Landsat Program
Management shall, for purposes of this Act, define the term "United
States private sector entities", taking into account the location
of operations, assets, personnel, and other such factors.
|
SEC. 103. DATA POLICY FOR LANDSAT 4 THROUGH 6.
| (a) |
CONTRACT NEGOTIATIONS.-Within 30 days after the date
of enactment of this Act, the Landsat Program Management shall enter
into negotiations with the Landsat 6 contractor to formalize an arrangement
with respect to pricing, distribution, acquisition, archiving, and
availability of unenhanced data for which the Landsat 6 contractor
has responsibility under its contract. Such arrangement shall provide
for a phased transition to a data policy consistent with the Landsat
7 data policy (developed pursuant to section 105) by the date of initial
operation of Landsat 7. Conditions of the phased arrangement should
require that the Landsat 6 contractor adopt provisions so that by
the final phase of the transition period-
| (1) |
such unenhanced data shall be provided, at a minimum,
to the United States Government and its affiliated users at
the cost of fulfilling user requests, on the condition that
such unenhanced data are used solely for noncommercial purposes;
|
| (2) |
instructional data sets, selected from the Landsat
data archives, will be made available to educational institutions
exclusively for noncommercial, educational purposes at the cost
of fulfilling user requests;
|
| (3) |
Landsat data users are able to acquire unenhanced
data contained in the collective archives of foreign ground
stations as easily and affordably as practicable;
|
| (4) |
adequate data necessary to meet the needs of global
environmental change researchers and national security users
are acquired;
|
| (5) |
the United States Government and its affiliated
users shall not be prohibited from reproduction or dissemination
of unenhanced data to other agencies of the United States Government
and other affiliated users, on the condition that such unenhanced
data are used solely for noncommercial purposes;
|
| (6) |
nonprofit, public interest entities receive vouchers,
data grants, or other such means of providing them with unenhanced
data at the cost of fulfilling user requests, on the condition
that such unenhanced data are used solely for noncommercial
purposes.
|
| (7) |
a viable role for the private sector in the promotion
and development of the commercial market for value added and
other services using unenhanced data from the Landsat system
is preserved; and
|
| (8) |
unenhanced data from the Landsat system are provided
to the National Satellite Land Remote Sensing Data Archive at
no more than the cost of fulfilling user requests.
|
|
| (b) |
FAILURE TO REACH AGREEMENT.-If negotiations under subsection
(a) have not, by September 30, 1993, resulted in an agreement that
the Landsat Program Management determines generally achieves the goals
stated in subsection (b) (1) through (8), the Administrator and the
Secretary of Defense shall, within 30 days after the date of such
determination, jointly certify and report such determination to the
Congress. The report shall include a review of options and projected
costs for achieving such goals, and shall include recommendations
for achieving such goals. The options reviewed shall include-
| (1) |
retaining the existing or modified contract with
the Landsat 6 contractor;
|
| (2) |
the termination of existing contracts for the
exclusive right to market unenhanced Landsat data; and
|
| (3) |
the establishment of an alternative private sector
mechanism for the marketing and commercial distribution of such
data.
|
|
SEC. 104. TRANSFER OF LANDSAT 6 PROGRAM RESPONSIBILITIES.
The responsibilities of the Secretary with respect to Landsat 6 shall be
transferred to the Landsat Program Management, as agreed to between the
Secretary and the Landsat Program Management, pursuant to section 101.
SEC. 105. DATA POLICY FOR LANDSAT 7.
| (a) |
LANDSAT 7 DATA POLICY.-The Landsat Program Management,
in consultation with other appropriate United States Government agencies,
shall develop a data policy for Landsat 7 which should-
| (1) |
ensure that unenhanced data are available to all
users at the cost of fulfilling user requests;
|
| (2) |
ensure timely and dependable delivery of unenhanced
data to the full spectrum of civilian, national security, commercial,
and foreign users and the National Satellite Land Remote Sensing
Data Archive;
|
| (3) |
ensure that the United States retains ownership
of all unenhanced data generated by Landsat 7;
|
| (4) |
support the development of the commercial market
for remote sensing data;
|
| (5) |
ensure that the provision of commercial value-added
services based on remote sensing data remains exclusively the
function of the private sector; and
|
| (6) |
to the extent possible, ensure that the data distribution
system for Landsat 7 is compatible with the Earth Observing
System Data and Information System.
|
|
| (b) |
In addition, the data policy for Landsat 7 may provide
for-
| (1) |
United States private sector entities to operate
ground receiving stations in the United States for Landsat 7
data;
|
| (2) |
other means for direct access by private sector
entities to unenhanced data from Landsat 7; and
|
| (3) |
the United States Government to charge a per image
fee, license fee, or other such fee to entities operating ground
receiving stations or distributing Landsat 7 data.
|
|
| (c) |
LANDSAT 7 DATA POLICY PLAN.-Not later than July 15,
1994, the Landsat Program Management shall develop and submit to Congress
a report that contains a Landsat 7 Data Policy Plan. This plan shall
define the roles and responsibilities of the various public and private
sector entities that would be involved in the acquisition, processing,
distribution, and archiving of Landsat 7 data and in operations of
the Landsat 7 spacecraft.
|
| (d) |
REPORTS.-Not later than 12 months after submission of
the Landsat 7 Data Policy Plan, required by subsection (c), and annually
thereafter until the launch of Landsat 7, the Landsat Program Management,
in consultation with representatives of appropriate United States
Government agencies, shall prepare and submit a report to the Congress
which-
| (1) |
provides justification for the Landsat 7 data
policy in terms of the civilian, national security, commercial,
and foreign policy needs of the United States; and
|
| (2) |
provides justification for any elements of the
Landsat 7 data policy which are not consistent with the provisions
of subsection (a).
|
|
 |
 |
|
