-CITE-

15 USC CHAPTER 82 - LAND REMOTE SENSING POLICY 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

.

-HEAD-

CHAPTER 82 - LAND REMOTE SENSING POLICY

-MISC1-

Sec.

5601. Findings.

5602. Definitions.

SUBCHAPTER I - LANDSAT

5611. Landsat Program Management.

(a) Establishment.

(b) Management plan.

(c) Responsibilities.

(d) Authority to contract.

(e) Landsat advisory process.

5612. Procurement of Landsat 7.

(a) Contract negotiations.

(b) Development and delivery consideration.

(c) Notification of cost and schedule changes.

(d) United States private sector entities.

5613. Data policy for Landsat 4 through 6.

(a) Contract negotiations.

(b) Failure to reach agreement.

5614. Transfer of Landsat 6 program responsibilities.

5615. Data policy for Landsat 7.

(a) Landsat 7 data policy.

(b) Additional data policy considerations.

(c) Landsat 7 Data Policy Plan.

(d) Reports.

SUBCHAPTER II - LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

5621. General licensing authority.

(a) Licensing authority of Secretary.

(b) Compliance with law, regulations, international

obligations, and national security.

(c) Deadline for action on application.

(d) Improper basis for denial.

(e) Requirement to provide unenhanced data.

5622. Conditions for operation.

(a) License required for operation.

(b) Licensing requirements.

(c) Additional licensing requirements for Landsat 6

contractor.

5623. Administrative authority of Secretary.

(a) Functions.

(b) Review of agency action.

5624. Regulatory authority of Secretary.

5625. Agency activities.

(a) License application and issuance.

(b) Assistance.

(c) Agreements.

(d) Applicability.

(e) Effect on FCC authority.

SUBCHAPTER III - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

5631. Continued Federal research and development.

(a) Roles of NASA and Department of Defense.

(b) Roles of Department of Agriculture and Department

of the Interior.

(c) Role of other Federal agencies.

5632. Availability of federally gathered unenhanced data.

(a) General rule.

(b) Protection for commercial data distributor.

5633. Technology demonstration program.

(a) Establishment.

(b) Execution of program.

(c) Broad application.

(d) Private sector funding.

(e) Landsat Program Management coordination.

(f) Report to Congress.

SUBCHAPTER IV - ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENSING

SYSTEM

5641. Assessing options for successor land remote sensing system.

(a) Assessment.

(b) Goals.

(c) Preference for private sector system.

SUBCHAPTER V - GENERAL PROVISIONS

5651. Nondiscriminatory data availability.

(a) General rule.

(b) Exceptions.

5652. Archiving of data.

(a) Public interest.

(b) Archiving practices.

(c) Determination of content of basic data set.

(d) Public domain.

5653. Nonreproduction.

5654. Reimbursement for assistance.

5655. Acquisition of equipment.

5656. Radio frequency allocation.

(a) Application to Federal Communications Commission.

(b) Deadline for FCC action.

(c) Development and construction of United States

systems.

(d) Consistency with international obligations and

public interest.

5657. Consultation.

(a) Consultation with Secretary of Defense.

(b) Consultation with Secretary of State.

(c) Status report.

(d) Reimbursements.

5658. Enforcement.

(a) In general.

(b) Authority of Secretary.

(c) Enforcement mechanisms.

(d) Procedures and regulations.

SUBCHAPTER VI - PROHIBITION OF COMMERCIALIZATION OF WEATHER

SATELLITES

5671. Prohibition.

5672. Future considerations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 49 section 70117.

-CITE-

15 USC Sec. 5601 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

-HEAD-

Sec. 5601. Findings

-STATUTE-

The Congress finds and declares the following:

(1) The continuous collection and utilization of land remote

sensing data from space are of major benefit in studying and

understanding human impacts on the global environment, in

managing the Earth's natural resources, in carrying out national

security functions, and in planning and conducting many other

activities of scientific, economic, and social importance.

(2) The Federal Government's Landsat system established the

United States as the world leader in land remote sensing

technology.

(3) The national interest of the United States lies in

maintaining international leadership in satellite land remote

sensing and in broadly promoting the beneficial use of remote

sensing data.

(4) The cost of Landsat data has impeded the use of such data

for scientific purposes, such as for global environmental change

research, as well as for other public sector applications.

(5) Given the importance of the Landsat program to the United

States, urgent actions, including expedited procurement

procedures, are required to ensure data continuity.

(6) Full commercialization of the Landsat program cannot be

achieved within the foreseeable future, and thus should not serve

as the near-term goal of national policy on land remote sensing;

however, commercialization of land remote sensing should remain a

long-term goal of United States policy.

(7) Despite the success and importance of the Landsat system,

funding and organizational uncertainties over the past several

years have placed its future in doubt and have jeopardized United

States leadership in land remote sensing.

(8) Recognizing the importance of the Landsat program in

helping to meet national and commercial objectives, the President

approved, on February 11, 1992, a National Space Policy Directive

which was developed by the National Space Council and commits the

United States to ensuring the continuity of Landsat coverage into

the 21st century.

(9) Because Landsat data are particularly important for

national security purposes and global environmental change

research, management responsibilities for the program should be

transferred from the Department of Commerce to an integrated

program management involving the Department of Defense and the

National Aeronautics and Space Administration.

(10) Regardless of management responsibilities for the Landsat

program, the Nation's broad civilian, national security,

commercial, and foreign policy interests in remote sensing will

best be served by ensuring that Landsat remains an unclassified

program that operates according to the principles of open skies

and nondiscriminatory access.

(11) Technological advances aimed at reducing the size and

weight of satellite systems hold the potential for dramatic

reductions in the cost, and substantial improvements in the

capabilities, of future land remote sensing systems, but such

technological advances have not been demonstrated for land remote

sensing and therefore cannot be relied upon as the sole means of

achieving data continuity for the Landsat program.

(12) A technology demonstration program involving advanced

remote sensing technologies could serve a vital role in

determining the design of a follow-on spacecraft to Landsat 7,

while also helping to determine whether such a spacecraft should

be funded by the United States Government, by the private sector,

or by an international consortium.

(13) To maximize the value of the Landsat program to the

American public, unenhanced Landsat 4 through 6 data should be

made available, at a minimum, to United States Government

agencies, to global environmental change researchers, and to

other researchers who are financially supported by the United

States Government, at the cost of fulfilling user requests, and

unenhanced Landsat 7 data should be made available to all users

at the cost of fulfilling user requests.

(14) To stimulate development of the commercial market for

unenhanced data and value-added services, the United States

Government should adopt a data policy for Landsat 7 which allows

competition within the private sector for distribution of

unenhanced data and value-added services.

(15) Development of the remote sensing market and the provision

of commercial value-added services based on remote sensing data

should remain exclusively the function of the private sector.

(16) It is in the best interest of the United States to

maintain a permanent, comprehensive Government archive of global

Landsat and other land remote sensing data for long-term

monitoring and study of the changing global environment.

-SOURCE-

(Pub. L. 102-555, Sec. 2, Oct. 28, 1992, 106 Stat. 4163.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 102-555 provided that: ''This Act (enacting

this chapter and repealing chapter 68 (Sec. 4201 et seq.) of this

title) may be cited as the 'Land Remote Sensing Policy Act of

1992'.''

-CITE-

15 USC Sec. 5602 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

-HEAD-

Sec. 5602. Definitions

-STATUTE-

In this chapter, the following definitions apply:

(1) The term ''Administrator'' means the Administrator of the

National Aeronautics and Space Administration.

(2) The term ''cost of fulfilling user requests'' means the

incremental costs associated with providing product generation,

reproduction, and distribution of unenhanced data in response to

user requests and shall not include any acquisition,

amortization, or depreciation of capital assets originally paid

for by the United States Government or other costs not

specifically attributable to fulfilling user requests.

(3) The term ''data continuity'' means the continued

acquisition and availability of unenhanced data which are, from

the point of view of the user -

(A) sufficiently consistent (in terms of acquisition

geometry, coverage characteristics, and spectral

characteristics) with previous Landsat data to allow

comparisons for global and regional change detection and

characterization; and

(B) compatible with such data and with methods used to

receive and process such data.

(4) The term ''data preprocessing'' may include -

(A) rectification of system and sensor distortions in land

remote sensing data as it is received directly from the

satellite in preparation for delivery to a user;

(B) registration of such data with respect to features of the

Earth; and

(C) calibration of spectral response with respect to such

data, but does not include conclusions, manipulations, or

calculations derived from such data, or a combination of such

data with other data.

(5) The term ''land remote sensing'' means the collection of

data which can be processed into imagery of surface features of

the Earth from an unclassified satellite or satellites, other

than an operational United States Government weather satellite.

(6) The term ''Landsat Program Management'' means the

integrated program management structure -

(A) established by, and responsible to, the Administrator and

the Secretary of Defense pursuant to section 5611(a) of this

title; and

(B) consisting of appropriate officers and employees of the

National Aeronautics and Space Administration, the Department

of Defense, and any other United States Government agencies the

President designates as responsible for the Landsat program.

(7) The term ''Landsat system'' means Landsats 1, 2, 3, 4, 5,

and 6, and any follow-on land remote sensing system operated and

owned by the United States Government, along with any related

ground equipment, systems, and facilities owned by the United

States Government.

(8) The term ''Landsat 6 contractor'' means the private sector

entity which was awarded the contract for spacecraft

construction, operations, and data marketing rights for the

Landsat 6 spacecraft.

(9) The term ''Landsat 7'' means the follow-on satellite to

Landsat 6.

(10) The term ''National Satellite Land Remote Sensing Data

Archive'' means the archive established by the Secretary of the

Interior pursuant to the archival responsibilities defined in

section 5652 of this title.

(11) The term ''noncommercial purposes'' refers to those

activities undertaken by individuals or entities on the

condition, upon receipt of unenhanced data, that -

(A) such data shall not be used in connection with any bid

for a commercial contract, development of a commercial product,

or any other non-United States Government activity that is

expected, or has the potential, to be profitmaking;

(B) the results of such activities are disclosed in a timely

and complete fashion in the open technical literature or other

method of public release, except when such disclosure by the

United States Government or its contractors would adversely

affect the national security or foreign policy of the United

States or violate a provision of law or regulation; and

(C) such data shall not be distributed in competition with

unenhanced data provided by the Landsat 6 contractor.

(12) The term ''Secretary'' means the Secretary of Commerce.

(13) The term ''unenhanced data'' means land remote sensing

signals or imagery products that are unprocessed or subject only

to data preprocessing.

(14) The term ''United States Government and its affiliated

users'' means -

(A) United States Government agencies;

(B) researchers involved with the United States Global Change

Research Program and its international counterpart programs;

and

(C) other researchers and international entities that have

signed with the United States Government a cooperative

agreement involving the use of Landsat data for noncommercial

purposes.

-SOURCE-

(Pub. L. 102-555, Sec. 3, Oct. 28, 1992, 106 Stat. 4164.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 102-555, Oct. 28, 1992, 106 Stat. 4163,

which is classified generally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 5601 of this title and Tables.

-CITE-

15 USC SUBCHAPTER I - LANDSAT 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER I - LANDSAT

.

-HEAD-

SUBCHAPTER I - LANDSAT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5652 of this title.

-CITE-

15 USC Sec. 5611 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER I - LANDSAT

-HEAD-

Sec. 5611. Landsat Program Management

-STATUTE-

(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 (FOOTNOTE 1) of the

appropriate United States Government agencies. The management plan

shall -

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(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 5656(a) and

(b) of this title, 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

(15 U.S.C. 2921 et seq.), and to meet the needs of national

security users;

(5) Landsat data responsibilities pursuant to this chapter;

(6) oversight of Landsat contracts entered into under sections

5612 and 5613 of this title;

(7) coordination of a technology demonstration program,

pursuant to section 5633 of this title; 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 October 28, 1992, 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.

-SOURCE-

(Pub. L. 102-555, title I, Sec. 101, Oct. 28, 1992, 106 Stat.

4166.)

-REFTEXT-

REFERENCES IN TEXT

The Global Change Research Act of 1990, referred to in subsec.

(c)(4), is Pub. L. 101-606, Nov. 16, 1990, 104 Stat. 3096, which is

classified generally to chapter 56A (Sec. 2921 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 2921 of this title and

Tables.

-MISC2-

LANDSAT REMOTE-SENSING SATELLITE PROGRAM

Pub. L. 103-139, title VIII, Sec. 8060, Nov. 11, 1993, 107 Stat.

1453, authorized Department of Defense to develop and procure the

Landsat 7 vehicle, prior to repeal by Pub. L. 103-335, title VIII,

Sec. 8051, Sept. 30, 1994, 108 Stat. 2629. Similar provisions were

contained in the following prior acts:

Pub. L. 102-484, div. A, title II, Sec. 243, Oct. 23, 1992, 106

Stat. 2360, as amended by Pub. L. 103-35, title II, Sec. 202(a)(3),

May 31, 1993, 107 Stat. 101.

Pub. L. 102-396, title IX, Sec. 9082A, Oct. 6, 1992, 106 Stat.

1920.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5602, 5614 of this title.

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15 USC Sec. 5612 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER I - LANDSAT

-HEAD-

Sec. 5612. Procurement of Landsat 7

-STATUTE-

(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

chapter, define the term ''United States private sector entities'',

taking into account the location of operations, assets, personnel,

and other such factors.

-SOURCE-

(Pub. L. 102-555, title I, Sec. 102, Oct. 28, 1992, 106 Stat.

4168.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5611 of this title.

-CITE-

15 USC Sec. 5613 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER I - LANDSAT

-HEAD-

Sec. 5613. Data policy for Landsat 4 through 6

-STATUTE-

(a) Contract negotiations

Within 30 days after October 28, 1992, 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 5615 of this

title) 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. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

(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) of this section 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) (FOOTNOTE 2) through (8) of this section, 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 -

(FOOTNOTE 2) So in original. Probably should be ''(a)(1)''.

(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.

-SOURCE-

(Pub. L. 102-555, title I, Sec. 103, Oct. 28, 1992, 106 Stat.

4168.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5611 of this title.

-CITE-

15 USC Sec. 5614 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER I - LANDSAT

-HEAD-

Sec. 5614. Transfer of Landsat 6 program responsibilities

-STATUTE-

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 5611 of this title.

-SOURCE-

(Pub. L. 102-555, title I, Sec. 104, Oct. 28, 1992, 106 Stat.

4170.)

-CITE-

15 USC Sec. 5615 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER I - LANDSAT

-HEAD-

Sec. 5615. Data policy for Landsat 7

-STATUTE-

(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) Additional data policy considerations

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) of this section, 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) of this section.

-SOURCE-

(Pub. L. 102-555, title I, Sec. 105, Oct. 28, 1992, 106 Stat.

4170.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5613 of this title.

-CITE-

15 USC SUBCHAPTER II - LICENSING OF PRIVATE REMOTE

SENSING SPACE SYSTEMS 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER II - LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

.

-HEAD-

SUBCHAPTER II - LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 5652, 5653, 5655,

5656, 5657 of this title.

-CITE-

15 USC Sec. 5621 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER II - LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

-HEAD-

Sec. 5621. General licensing authority

-STATUTE-

(a) Licensing authority of Secretary

(1) In consultation with other appropriate United States

Government agencies, the Secretary is authorized to license private

sector parties to operate private remote sensing space systems for

such period as the Secretary may specify and in accordance with the

provisions of this subchapter.

(2) In the case of a private space system that is used for remote

sensing and other purposes, the authority of the Secretary under

this subchapter shall be limited only to the remote sensing

operations of such space system.

(b) Compliance with law, regulations, international obligations,

and national security

(1) No license shall be granted by the Secretary unless the

Secretary determines in writing that the applicant will comply with

the requirements of this chapter, any regulations issued pursuant

to this chapter, and any applicable international obligations and

national security concerns of the United States.

(2) The Secretary, within 6 months after October 28, 1998, shall

publish in the Federal Register a complete and specific list of all

information required to comprise a complete application for a

license under this subchapter. An application shall be considered

complete when the applicant has provided all information required

by the list most recently published in the Federal Register before

the date the application was first submitted. Unless the Secretary

has, within 30 days after receipt of an application, notified the

applicant of information necessary to complete an application, the

Secretary may not deny the application on the basis of the absence

of any such information.

(c) Deadline for action on application

The Secretary shall review any application and make a

determination thereon within 120 days of the receipt of such

application. If final action has not occurred within such time,

the Secretary shall inform the applicant of any pending issues and

of actions required to resolve them.

(d) Improper basis for denial

The Secretary shall not deny such license in order to protect any

existing licensee from competition.

(e) Requirement to provide unenhanced data

(1) The Secretary, in consultation with other appropriate United

States Government agencies and pursuant to paragraph (2), shall

designate in a license issued pursuant to this subchapter any

unenhanced data required to be provided by the licensee under

section 5622(b)(3) of this title.

(2) The Secretary shall make a designation under paragraph (1)

after determining that -

(A) such data are generated by a system for which all or a

substantial part of the development, fabrication, launch, or

operations costs have been or will be directly funded by the

United States Government; or

(B) it is in the interest of the United States to require such

data to be provided by the licensee consistent with section

5622(b)(3) of this title, after considering the impact on the

licensee and the importance of promoting widespread access to

remote sensing data from United States and foreign systems.

(3) A designation made by the Secretary under paragraph (1) shall

not be inconsistent with any contract or other arrangement entered

into between a United States Government agency and the licensee.

-SOURCE-

(Pub. L. 102-555, title II, Sec. 201, Oct. 28, 1992, 106 Stat.

4171; Pub. L. 105-303, title I, Sec. 107(f)(1), Oct. 28, 1998, 112

Stat. 2854.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-303 designated existing

provisions as par. (1) and added par. (2).

PROHIBITION ON COLLECTION AND RELEASE OF DETAILED SATELLITE IMAGERY

RELATING TO ISRAEL

Pub. L. 104-201, div. A, title X, Sec. 1064, Sept. 23, 1996, 110

Stat. 2653, provided that:

''(a) Collection and Dissemination. - A department or agency of

the United States may issue a license for the collection or

dissemination by a non-Federal entity of satellite imagery with

respect to Israel only if such imagery is no more detailed or

precise than satellite imagery of Israel that is available from

commercial sources.

''(b) Declassification and Release. - A department or agency of

the United States may declassify or otherwise release satellite

imagery with respect to Israel only if such imagery is no more

detailed or precise than satellite imagery of Israel that is

available from commercial sources.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5622 of this title.

-CITE-

15 USC Sec. 5622 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER II - LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

-HEAD-

Sec. 5622. Conditions for operation

-STATUTE-

(a) License required for operation

No person who is subject to the jurisdiction or control of the

United States may, directly or through any subsidiary or affiliate,

operate any private remote sensing space system without a license

pursuant to section 5621 of this title.

(b) Licensing requirements

Any license issued pursuant to this subchapter shall specify that

the licensee shall comply with all of the requirements of this

chapter and shall -

(1) operate the system in such manner as to preserve the

national security of the United States and to observe the

international obligations of the United States in accordance with

section 5656 of this title;

(2) make available to the government of any country (including

the United States) unenhanced data collected by the system

concerning the territory under the jurisdiction of such

government as soon as such data are available and on reasonable

terms and conditions;

(3) make unenhanced data designated by the Secretary in the

license pursuant to section 5621(e) of this title available in

accordance with section 5651 of this title;

(4) upon termination of operations under the license, make

disposition of any satellites in space in a manner satisfactory

to the President;

(5) furnish the Secretary with complete orbit and data

collection characteristics of the system, and inform the

Secretary immediately of any deviation; and

(6) notify the Secretary of any significant or substantial

agreement the licensee intends to enter with a foreign nation,

entity, or consortium involving foreign nations or entities.

(c) Additional licensing requirements for Landsat 6 contractor

In addition to the requirements of paragraph (FOOTNOTE 1) (b),

any license issued pursuant to this subchapter to the Landsat 6

contractor shall specify that the Landsat 6 contractor shall -

(FOOTNOTE 1) So in original. Probably should be ''subsection''.

(1) notify the Secretary of any value added activities (as

defined by the Secretary by regulation) that will be conducted by

the Landsat 6 contractor or by a subsidiary or affiliate; and

(2) if such activities are to be conducted, provide the

Secretary with a plan for compliance with section 5651 of this

title.

-SOURCE-

(Pub. L. 102-555, title II, Sec. 202, Oct. 28, 1992, 106 Stat.

4172; Pub. L. 105-303, title I, Sec. 107(f)(2), Oct. 28, 1998, 112

Stat. 2854.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(6). Pub. L. 105-303 inserted ''significant or

substantial'' after ''Secretary of any''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5621 of this title.

-CITE-

15 USC Sec. 5623 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER II - LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

-HEAD-

Sec. 5623. Administrative authority of Secretary

-STATUTE-

(a) Functions

In order to carry out the responsibilities specified in this

subchapter, the Secretary may -

(1) grant, condition, or transfer licenses under this chapter;

(2) seek an order of injunction or similar judicial

determination from a United States District Court with personal

jurisdiction over the licensee to terminate, modify, or suspend

licenses under this subchapter and to terminate licensed

operations on an immediate basis, if the Secretary determines

that the licensee has substantially failed to comply with any

provisions of this chapter, with any terms, conditions, or

restrictions of such license, or with any international

obligations or national security concerns of the United States.

(3) provide penalties for noncompliance with the requirements

of licenses or regulations issued under this subchapter,

including civil penalties not to exceed $10,000 (each day of

operation in violation of such licenses or regulations

constituting a separate violation);

(4) compromise, modify, or remit any such civil penalty;

(5) issue subpoenas for any materials, documents, or records,

or for the attendance and testimony of witnesses for the purpose

of conducting a hearing under this section;

(6) seize any object, record, or report pursuant to a warrant

from a magistrate based on a showing of probable cause to believe

that such object, record, or report was used, is being used, or

is likely to be used in violation of this chapter or the

requirements of a license or regulation issued thereunder; and

(7) make investigations and inquiries and administer to or take

from any person an oath, affirmation, or affidavit concerning any

matter relating to the enforcement of this chapter.

(b) Review of agency action

Any applicant or licensee who makes a timely request for review

of an adverse action pursuant to subsection (a)(1), (a)(3), (a)(5),

or (a)(6) of this section shall be entitled to adjudication by the

Secretary on the record after an opportunity for any agency hearing

with respect to such adverse action. Any final action by the

Secretary under this subsection shall be subject to judicial review

under chapter 7 of title 5.

-SOURCE-

(Pub. L. 102-555, title II, Sec. 203, Oct. 28, 1992, 106 Stat.

4172.)

-CHANGE-

CHANGE OF NAME

Reference to United States magistrate or to magistrate deemed to

refer to United States magistrate judge pursuant to section 321 of

Pub. L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-CITE-

15 USC Sec. 5624 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER II - LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

-HEAD-

Sec. 5624. Regulatory authority of Secretary

-STATUTE-

The Secretary may issue regulations to carry out this

subchapter. Such regulations shall be promulgated only after

public notice and comment in accordance with the provisions of

section 553 of title 5.

-SOURCE-

(Pub. L. 102-555, title II, Sec. 204, Oct. 28, 1992, 106 Stat.

4173.)

-CITE-

15 USC Sec. 5625 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER II - LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

-HEAD-

Sec. 5625. Agency activities

-STATUTE-

(a) License application and issuance

A private sector party may apply for a license to operate a

private remote sensing space system which utilizes, on a

space-available basis, a civilian United States Government

satellite or vehicle as a platform for such system. The Secretary,

pursuant to this subchapter, may license such system if it meets

all conditions of this subchapter and -

(1) the system operator agrees to reimburse the Government in a

timely manner 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

(2) such utilization would not interfere with or otherwise

compromise intended civilian Government missions, as determined

by the agency responsible for such civilian platform.

(b) Assistance

The Secretary may offer assistance to private sector parties in

finding appropriate opportunities for such utilization.

(c) Agreements

To the extent provided in advance by appropriation Acts, any

United States Government agency may enter into agreements for such

utilization if such agreements are consistent with such agency's

mission and statutory authority, and if such remote sensing space

system is licensed by the Secretary before commencing operation.

(d) Applicability

This section does not apply to activities carried out under

subchapter III of this chapter.

(e) Effect on FCC authority

Nothing in this subchapter shall affect the authority of the

Federal Communications Commission pursuant to the Communications

Act of 1934 (47 U.S.C. 151 et seq.).

-SOURCE-

(Pub. L. 102-555, title II, Sec. 205, Oct. 28, 1992, 106 Stat.

4173.)

-REFTEXT-

REFERENCES IN TEXT

The Communications Act of 1934, referred to in subsec. (e), is

act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is

classified principally to chapter 5 (Sec. 151 et seq.) of Title 47,

Telegraphs, Telephones, and Radiotelegraphs. For complete

classification of this Act to the Code, see section 609 of Title 47

and Tables.

-CITE-

15 USC SUBCHAPTER III - RESEARCH, DEVELOPMENT, AND

DEMONSTRATION 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER III - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

.

-HEAD-

SUBCHAPTER III - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 5625 of this title.

-CITE-

15 USC Sec. 5631 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER III - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5631. Continued Federal research and development

-STATUTE-

(a) Roles of NASA and Department of Defense

(1) The Administrator and the Secretary of Defense are directed

to continue and to enhance programs of remote sensing research and

development.

(2) The Administrator is authorized and encouraged to -

(A) conduct experimental space remote sensing programs

(including applications demonstration programs and basic research

at universities);

(B) develop remote sensing technologies and techniques,

including those needed for monitoring the Earth and its

environment; and

(C) conduct such research and development in cooperation with

other United States Government agencies and with public and

private research entities (including private industry,

universities, non-profit organizations, State and local

governments, foreign governments, and international

organizations) and to enter into arrangements (including joint

ventures) which will foster such cooperation.

(b) Roles of Department of Agriculture and Department of the

Interior

(1) In order to enhance the ability of the United States to

manage and utilize its renewable and nonrenewable resources, the

Secretary of Agriculture and the Secretary of the Interior are

authorized and encouraged to conduct programs of research and

development in the applications of remote sensing using funds

appropriated for such purposes.

(2) Such programs may include basic research at universities,

demonstrations of applications, and cooperative activities

involving other Government agencies, private sector parties, and

foreign and international organizations.

(c) Role of other Federal agencies

Other United States Government agencies are authorized and

encouraged to conduct research and development on the use of remote

sensing in the fulfillment of their authorized missions, using

funds appropriated for such purposes.

-SOURCE-

(Pub. L. 102-555, title III, Sec. 301, Oct. 28, 1992, 106 Stat.

4174.)

-CITE-

15 USC Sec. 5632 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER III - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5632. Availability of federally gathered unenhanced data

-STATUTE-

(a) General rule

All unenhanced land remote sensing data gathered and owned by the

United States Government, including unenhanced data gathered under

the technology demonstration program carried out pursuant to

section 5633 of this title, shall be made available to users in a

timely fashion.

(b) Protection for commercial data distributor

The President shall seek to ensure that unenhanced data gathered

under the technology demonstration program carried out pursuant to

section 5633 of this title shall, to the extent practicable, be

made available on terms that would not adversely effect (FOOTNOTE

1) the commercial market for unenhanced data gathered by the

Landsat 6 spacecraft.

(FOOTNOTE 1) So in original. Probably should be ''affect''.

-SOURCE-

(Pub. L. 102-555, title III, Sec. 302, Oct. 28, 1992, 106 Stat.

4174.)

-CITE-

15 USC Sec. 5633 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER III - RESEARCH, DEVELOPMENT, AND DEMONSTRATION

-HEAD-

Sec. 5633. Technology demonstration program

-STATUTE-

(a) Establishment

As a fundamental component of a national land remote sensing

strategy, the President shall establish, through appropriate United

States Government agencies, a technology demonstration program.

The goals of such programs shall be to -

(1) seek to launch advanced land remote sensing system

components within 5 years after October 28, 1992. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

(2) demonstrate within such 5-year period advanced sensor

capabilities suitable for use in the anticipated land remote

sensing program; and

(3) demonstrate within such 5-year period an advanced land

remote sensing system design that could be less expensive to

procure and operate than the Landsat system projected to be in

operation through the year 2000, and that therefore holds greater

potential for private sector investment and control.

(b) Execution of program

In executing the technology demonstration program, the President

shall seek to apply technologies associated with United States

National Technical Means of intelligence gathering, to the extent

that such technologies are appropriate for the technology

demonstration and can be declassified for such purposes without

causing adverse harm to United States national security interests.

(c) Broad application

To the greatest extent practicable, the technology demonstration

program established under subsection (a) of this section shall be

designed to be responsive to the broad civilian, national security,

commercial, and foreign policy needs of the United States.

(d) Private sector funding

The technology demonstration program under this section may be

carried out in part with private sector funding.

(e) Landsat Program Management coordination

The Landsat Program Management shall have a coordinating role in

the technology demonstration program carried out under this

section.

(f) Report to Congress

The President shall assess the progress of the technology

demonstration program under this section and, within 2 years after

October 28, 1992, submit a report to the Congress on such progress.

-SOURCE-

(Pub. L. 102-555, title III, Sec. 303, Oct. 28, 1992, 106 Stat.

4174.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5611, 5632, 5641 of this

title.

-CITE-

15 USC SUBCHAPTER IV - ASSESSING OPTIONS FOR SUCCESSOR

LAND REMOTE SENSING SYSTEM 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER IV - ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENSING

SYSTEM

.

-HEAD-

SUBCHAPTER IV - ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENSING

SYSTEM

-CITE-

15 USC Sec. 5641 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER IV - ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENSING

SYSTEM

-HEAD-

Sec. 5641. Assessing options for successor land remote sensing

system

-STATUTE-

(a) Assessment

Within 5 years after October 28, 1992, the Landsat Program

Management, in consultation with representatives of appropriate

United States Government agencies, shall assess and report to the

Congress on the options for a successor land remote sensing system

to Landsat 7. The report shall include a full assessment of the

advantages and disadvantages of -

(1) private sector funding and management of a successor land

remote sensing system;

(2) establishing an international consortium for the funding

and management of a successor land remote sensing system;

(3) funding and management of a successor land remote sensing

system by the United States Government; and

(4) a cooperative effort between the United States Government

and the private sector for the funding and management of a

successor land remote sensing system.

(b) Goals

In carrying out subsection (a) of this section, the Landsat

Program Management shall consider the ability of each of the

options to -

(1) encourage the development, launch, and operation of a land

remote sensing system that adequately serves the civilian,

national security, commercial, and foreign policy interests of

the United States;

(2) encourage the development, launch, and operation of a land

remote sensing system that maintains data continuity with the

Landsat system; and

(3) incorporate system enhancements, including any such

enhancements developed under the technology demonstration program

under section 5633 of this title, which may potentially yield a

system that is less expensive to build and operate, and more

responsive to data users, than is the Landsat system projected to

be in operation through the year 2000.

(c) Preference for private sector system

If a successor land remote sensing system to Landsat 7 can be

funded and managed by the private sector while still achieving the

goals stated in subsection (b) of this section without jeopardizing

the domestic, national security, and foreign policy interests of

the United States, preference should be given to the development of

such a system by the private sector without competition from the

United States Government.

-SOURCE-

(Pub. L. 102-555, title IV, Sec. 401, Oct. 28, 1992, 106 Stat.

4175.)

-CITE-

15 USC SUBCHAPTER V - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER V - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER V - GENERAL PROVISIONS

-CITE-

15 USC Sec. 5651 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 5651. Nondiscriminatory data availability

-STATUTE-

(a) 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 5656 of this title)

regarding delivery, format, pricing, or technical considerations

which would favor one customer or class of customers over another.

(b) 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

chapter, on the condition that such unenhanced data are used solely

for noncommercial purposes.

-SOURCE-

(Pub. L. 102-555, title V, Sec. 501, Oct. 28, 1992, 106 Stat.

4176.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5622 of this title.

-CITE-

15 USC Sec. 5652 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 5652. Archiving of data

-STATUTE-

(a) Public interest

It is in the public interest for the United States Government to

-

(1) maintain an archive of land remote sensing data for

historical, scientific, and technical purposes, including

long-term global environmental monitoring;

(2) control the content and scope of the archive; and

(3) assure the quality, integrity, and continuity of the

archive.

(b) 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.

(c) Determination of content of basic data set

In determining the initial content of, or in upgrading, the basic

data set, the Secretary of (FOOTNOTE 1) Interior shall -

(FOOTNOTE 1) So in original. Probably should be ''of the''.

(1) use as a baseline the data archived on October 28, 1992;

(2) take into account future technical and scientific

developments and needs, paying particular attention to the

anticipated data requirements of global environmental change

research;

(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 of the Interior considers

appropriate, unenhanced data generated either by the Landsat

system, pursuant to subchapter I of this chapter, or by licensees

under subchapter II of this chapter;

(6) include, as the Secretary of the Interior 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 5656 of this title.

(d) 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.

-SOURCE-

(Pub. L. 102-555, title V, Sec. 502, Oct. 28, 1992, 106 Stat.

4176.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5602 of this title.

-CITE-

15 USC Sec. 5653 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 5653. Nonreproduction

-STATUTE-

Unenhanced data distributed by any licensee under subchapter II

of this chapter may be sold on the condition that such data will

not be reproduced or disseminated by the purchaser for commercial

purposes.

-SOURCE-

(Pub. L. 102-555, title V, Sec. 503, Oct. 28, 1992, 106 Stat.

4177.)

-CITE-

15 USC Sec. 5654 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 5654. Reimbursement for assistance

-STATUTE-

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

chapter. Substantial assistance shall be reimbursed by the

operator, except as otherwise provided by law.

-SOURCE-

(Pub. L. 102-555, title V, Sec. 504, Oct. 28, 1992, 106 Stat.

4177.)

-CITE-

15 USC Sec. 5655 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 5655. Acquisition of equipment

-STATUTE-

The Landsat Program Management may, by means of a competitive

process, allow a licensee under subchapter II of this chapter 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.

-SOURCE-

(Pub. L. 102-555, title V, Sec. 505, Oct. 28, 1992, 106 Stat.

4177.)

-CITE-

15 USC Sec. 5656 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 5656. Radio frequency allocation

-STATUTE-

(a) 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 subchapter

II of this chapter.

(b) 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

chapter, 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.

(c) 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 made.

(d) 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.

-SOURCE-

(Pub. L. 102-555, title V, Sec. 506, Oct. 28, 1992, 106 Stat.

4177.)

-REFTEXT-

REFERENCES IN TEXT

The Communications Act of 1934, referred to in subsecs. (a) and

(b), is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended,

which is classified principally to chapter 5 (Sec. 151 et seq.) of

Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete

classification of this Act to the Code, see section 609 of Title 47

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5611, 5622, 5651, 5652 of

this title.

-CITE-

15 USC Sec. 5657 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 5657. Consultation

-STATUTE-

(a) Consultation with Secretary of Defense

The Secretary and the Landsat Program Management shall consult

with the Secretary of Defense on all matters under this chapter

affecting national security. The Secretary of Defense shall be

responsible for determining those conditions, consistent with this

chapter, necessary to meet national security concerns of the United

States and for notifying the Secretary and the Landsat Program

Management promptly of such conditions.

(b) Consultation with Secretary of State

(1) The Secretary and the Landsat Program Management shall

consult with the Secretary of State on all matters under this

chapter affecting international obligations. The Secretary of

State shall be responsible for determining those conditions,

consistent with this chapter, 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.

(2) 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.

(3) 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 data.

(c) 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.

(d) Reimbursements

If, as a result of technical modifications imposed on a licensee

under subchapter II of this chapter 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.

-SOURCE-

(Pub. L. 102-555, title V, Sec. 507, Oct. 28, 1992, 106 Stat.

4178.)

-CITE-

15 USC Sec. 5658 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER V - GENERAL PROVISIONS

-HEAD-

Sec. 5658. Enforcement

-STATUTE-

(a) 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.

(b) Authority of Secretary

Subject to subsection (d) of this section, the Secretary may

impose any of the enforcement mechanisms described in subsection

(c) of this section against a person who -

(1) receives unenhanced data from the Landsat system under this

chapter solely for noncommercial purposes (and at a different

price than the price at which such data are made available for

other purposes); and

(2) uses such data for other than noncommercial purposes.

(c) Enforcement mechanisms

Enforcement mechanisms referred to in subsection (b) of this

section 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 noncommercial 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 requests.

(d) 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) of

this section. 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.

-SOURCE-

(Pub. L. 102-555, title V, Sec. 508, Oct. 28, 1992, 106 Stat.

4179.)

-CITE-

15 USC SUBCHAPTER VI - PROHIBITION OF COMMERCIALIZATION

OF WEATHER SATELLITES 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER VI - PROHIBITION OF COMMERCIALIZATION OF WEATHER

SATELLITES

.

-HEAD-

SUBCHAPTER VI - PROHIBITION OF COMMERCIALIZATION OF WEATHER

SATELLITES

-CITE-

15 USC Sec. 5671 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER VI - PROHIBITION OF COMMERCIALIZATION OF WEATHER

SATELLITES

-HEAD-

Sec. 5671. Prohibition

-STATUTE-

Neither the President nor any other official of the Government

shall make any effort to lease, sell, or transfer to the private

sector, or commercialize, any portion of the weather satellite

systems operated by the Department of Commerce or any successor

agency.

-SOURCE-

(Pub. L. 102-555, title VI, Sec. 601, Oct. 28, 1992, 106 Stat.

4179.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5672 of this title.

-CITE-

15 USC Sec. 5672 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 82 - LAND REMOTE SENSING POLICY

SUBCHAPTER VI - PROHIBITION OF COMMERCIALIZATION OF WEATHER

SATELLITES

-HEAD-

Sec. 5672. Future considerations

-STATUTE-

Regardless of any change in circumstances subsequent to October

28, 1992, even if such change makes it appear to be in the national

interest to commercialize weather satellites, neither the President

nor any official shall take any action prohibited by section 5671

of this title unless this subchapter has first been repealed.

-SOURCE-

(Pub. L. 102-555, title VI, Sec. 602, Oct. 28, 1992, 106 Stat.

4180.)

-CITE-