Land Remote Sensing Act

PUBLIC LAW 102-555—OCT. 28, 1992

106 STAT. 4163

Public Law 102-555
102d Congress

An Act
To enable the United States to maintain its leadership in land remote sensing
by providing data continuity for the Landsat program, to establish a new national
land remote sensing policy, and for other purposes.

Oct. 28, 1992
[H.R. 6133]

Be it enacted by the Senate and House of Representatives of
Land Remote
the United States ofAmerica in Congress assembled,
Sensing Policy
SECTION. 1. SHORT TITLE.

This Act may be cited as the Tiand Remote Sensing Policy
Act of 1992".
SEC. 2. FINDINGS.

The Congress finds and declares the following:
(1) The continuous collection and utilization of land remote
sensing data from space are of m^or benefit in stud3dng 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) FuU 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.

Act of 1992.
National
defense.
15 u s e 5601
note.
15 u s e 5601.

106 STAT. 4164

PUBLIC LAW 102-555—OCT. 28, 1992
(9) Because Landsat data are particularly important for
national security purposes and global environmental change
resecuxh, management responsibilities for the program shomd
be transferred from the Department of Commerce to an
integrated program mani^ment involving the Department
of Defense and the National Aeronautics and Space
Administration.
(10) Regardless of management responsibilities for the
Landsat program, the Nation's oroad civilian, national security,
commercial, and foreign policy interests in remote sensing will
best be served by ensuring that Landsat remains an undassified proraram that opterates according to the principles of open
skies euid 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 foUownon spacecraft to Landsat
7, while also helping to determine whether such a spacecraft
should be fundea 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 ava^able, at a minimum, to United States
Government agencies, to global environmental change researchers, and to omer resean^ers 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 imenhanced 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 longterm monitoring and study of the changing global environment.

15 u s e 5602.

SEC.3.DEFINrnONa

In this Act, 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, amortiza-

PUBLIC LAW 102-555—OCT. 28, 1992

106 STAT. 4165

tion, 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,firomthe
point of view of Uie user—
(A) sufficiently consistent (in terms of acquisition geometry, coverage characteristics, and spectral cnaractenstics)
wiUi 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 sudi 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 Earu; and
(C) calibration of spectral response with respect to
such data, but does not include conclusions, manipulations,
or calculations derived firom 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
101(a); 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 Limdsat program.
(7) The term "Landsat system" means Landsats 1, 2, 3,
4, 5, and 6, and anv follow-on land remote sensing system
operated and owned by the United States Grovemment, 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 Seoretary
of the Interior pursuant to the archival responsibiUties defined
in section 502.
(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 conmiercial contract, development of a

106 STAT. 4166

PUBLIC LAW 102-555—OCT. 28, 1992

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 metliod of public release, except when such disclosure by the United States Government or its contractors
would adversely afTect 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 sens">> ing signals or imagery products that are unprocessed or subject
omy to data preprocessmg.
(14) The term 'United States Government and its afiGliated
users" means—
(A) United States Government agencies;
(B) researchers involved with the United States Global
Change Research Program and its international coimterpart 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.
SEC. 4. REPEAL OF LAND REMOTE-SENSING COMMERCIALIZATION
ACTOF1964.

The Land Remote-Sensing Commercialization Act of 1984 (15
U.S.C. 4201 et seq.) is repealed.
TITLE I—LANDSAT
15 use 5611.

SEC. 101. LANDSAT PROGRAM ICANAGEMENT.
(a) ESTABUSHMENT.—The Administrator and the Secretary of
Defense shall be responsible for management of the Landsat pro- a m . Such responsibility shall be carried out by establishing an
mtegrated program management structure for the Landsat system.
(b) MANAGEMENT Pij.<^.—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 estabUsh, through a management plan, the roles, responsibilities, and funding expectations for the Landsat Program of the
appropriate U n i t ^ States Government agencies. The management
plan snail—
(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,
functionallv equivalent to the Landsat 6 satellite, with the
addition of a traddng and data relay satellite communications
capability;
(2) include a baseline funding profile that—

PUBLIC LAW 102-555—OCT. 28, 1992

106 STAT. 4167

(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 responsibiUty 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 IVogram 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 oi 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
imenhanced 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) ESTABUSHMENT.—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—

106 STAT. 4168

PUBLIC LAW 102-555—OCT. 28, 1992
(A) a broad range of perspectives on basic and applied
science and operational needs with respect to land remote
sensing data:
(B) the rail spectrum of users of Landsat data, including representatives from United States Government agencies. State and local government i^ndes, academic institutions, nonprofit organizations, value-added comi>anies, 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
parasn'aph (1); and
(B) mcludes—
(i) a response to the public comments received
pursuant to paragraph (1);
(ii) information on the volume of use, by category,
of datafit>mthe Landsat svstem; and
(iii) any recommendations for policy or pro, .
grammatic changes to improve the utility and operation of the Landsat system.

15 u s e 5612.

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 Umted States Government agencies that
compose the Landsat Pro|[ram Management, expeditiously contract
with a United States private sector entity for the development
and deliveiy of Landsat 7.
(b) DEVELOPMENT AND DELIVERY CoNsmERATiON.—In negotiating a contract under this section for the development and delivery
of Landsat 7, the Landsat Program Management shall—
(1) seek, as a ftmdiunental 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 shaU 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 accoimt
the location of operations, assets, personnel, and other such factora.
15 u s e 5613.

SEC. 108. DATA POUCY FOR LANDSAT 4 THROUGH «.
(a) CONTRACT NEGOTIATIONS.—Within 30 days

after the date
of enactment of this Act, the Landsat Program Management shsdl

PUBLIC LAW 102-555—OCT. 28, 1992

106 STAT. 4169

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 responsibiUty 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 tiie 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, selectedfiromthe Landsat data
archives, will be made available to educational institutions
exclusively for noncommercial, educational purposes at the cost
offiilfiUinguser requests;
(3) Landsat data users are able to acquire unenhanced
data contained in the collective eurchives of foreign ground stations as easily and afibrdably as practicable;
(4) adequate data necessary to meet the needs of global
environmental change resecu:Y:hers and national security users
are acquired;
(5) the United States Government and its affiUated users
shall not be prohibitedfiromreproduction 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, pubUc interest entities receive vouchers, data
grants, or other such means of providing them with unenhanced
data at the cost of fiilfilUng 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 sub- Reports.
section (a) have not, by September 30, 1993, resulted in an agreement that the Landsat Program Management determines generally
achieves the goals stated in subsection 0)) (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

106 STAT. 4170

PUBLIC LAW 102-555—OCT. 28, 1992
(3) the establishment of an alternative private sector
mechanism for the marketing and commercial distribution of
such data.

15 u s e 5614.

SEC. 104. TRANSFER OF LAND8AT 6 PROGRAM RESPONSIBILITlEa

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.
15 u s e 5615.

SEC. lOS. DATA POUCY FOR LANDSAT 7.
(a) LANDSAT 7 DATA POLICY.—The Landsat Program Manage-

Reports.

ment, 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 Lajnd 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 witli 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 bv 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 POUCY K A N . — N o t later than July 15,
1994, the Landsat Program Management shall develop and submit
to Congress a report mat 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 untO the launch of Landsat 7, the Landsat
Program Management, in consultation with representatives of
appropriate United States Government agencies, snail 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

PUBUC LAW 102-555—OCT. 28, 1992

106 STAT. 4171

(2) provides justification for any elements of the Landsat
7 data policy which are not consistent with the provisions
of subsection (a).
TITLE II—UCENSING OF PRIVATE REMOTE SENSING SPACE
SYSTEMS
SEC. aOl. GENERAL UCENSING AUTHOBTIT.

(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
title.
(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 title shall be limited only to the remote sensing operations of such space system.
(b) COMPLIANCE WITH THE LAW, REGULATIONS, INTERNATIONAL
OBUGATIONS, AND NATIONAL SECURITY.—NO license shall be

granted by the Secretary unless the Secretary determines in writing
that the applicant will comply with the requirements of this Act,
any regulations issued pursuant to this Act, and any applicable
international obligations and national security concerns of the
United States.
(c) DEADLINE FOR ACTION ON APPUCATION.—The Secretary shall
review any application and make a determination thereon within
120 days of tiie 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 firom
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 tMs title any unenhanced
data required to be provided by the licensee under section 202(bX3).
(2) The Secretsury 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, lavuich,
or operations costs have been or will be directly fiinded 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
202(bX3), after considering the impact on the licensee and
the importance of promoting widespread access to remote sensing dataftt>mUnited 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.

15 USC 5621.

106 STAT. 4172
15 u s e 5622.

PUBLIC LAW 102-555—OCT. 28, 1992

SEC. 302. CONDITIONS FOR OPERATION.
(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 201.
(b) LICENSING REQUIREMENTS.—Any license issued pursuant
to this title shall specif that the licensee shall comply with all
of the requirements of this Act and shidl—
(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 506;
(2) make available to the government of any countiy
(including the United States) unenhanced data collected by
the system concerning the territory under the jiuisdiction 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 201(e) available in accordance
with section 501;
(4) upon termination of operations under the license, make
disposition of any satellites in space in a manner satisfactory
to the {^resident;
(5) furnish the Secretary with complete orbit and data
collection characteristics of me system, and inform the Secretary immediately of any deviation; and
(6) notify the Secretary of any agreement the licensee
intends to enter with a forei^ nation, entity, or consortium
involving foreign nations or entities.
(c) ADDITIONAL LICENSING REQUIREMENTS FOR LANDSAT 6 CON-

TRACTOR.—^In addition to the requirements of paragraph (b), any
license issued pursuant to this title to the Landsat 6 contractor
shall specify that the Landsat 6 contractor shall—
(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 501 of this
Act.
15 u s e 5623.

SEC. aOS. ADMINISTRATIVE AUTHORITY OF THE SECRETARY.

(a) FUNCTIONS.—^In order to carry out the responsibilities specified in this title, the Secretary may—
(1) grant, condition, or transfer licenses under this Act;
(2) seek an order of iiyunction or similar judicial determination from a United States District Court with personal jurisdiction over the licensee to terminate, modify, or suspend licenses
under this title and to terminate licensed operations on an
immediate basis, if the Secretary determines that the licensee
has substantially failed to comiuy with any provisions of this
Act, 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 issu^ under this title, including civil penalties not to exceed $10,000 (each day of operation

PUBLIC LAW 102-555—OCT. 28, 1992

106 STAT. 4173

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
firom 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 Act 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 Act.
(b) IteviEW OF AGENCY ACTION.—Any applicant or licensee who
makes a timely request for review of an adverse action pursuant
to subsection (aXD, (aX3), (aX5), or (aX6) shall be entitled to abjudication by the Secretary on the record after an opportimity for
any agency hearing ¥dth 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, United States Code.
SEC. 204. REGULATORY AUTHORITY OF THE SECRETARY.

15 USC 5624.

The Secretary may issue regulations to carry out this title.
Such regulations shall be promulgated only after public notice and
comment in accordance with the provisions of section 553 of title
5, United States Code.
SEC. 206. AGENCY ACTIVITIES.
15 USC 5625.
(a) LICENSE APPUCATION 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 title, may license
such system ifit meets all conditions of this title 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 utiUzation 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
mto agreements for such utiUzation if such agreements are consistent with such agency's mission and statutory authority, and if
such remote sensing space system is Ucensed by the Secretary
before commencing operation.
(d) APPLICABILITY.—^This section does not apply to activities
carried out under title III.
(e) EFFECT ON FCC AUTHORITY.—Nothing in this titie shall
affect the authority of the Federal Communications Commission
pursuant to the Communications Act of 1934 (47 U.S.C. 151 et
seq.).

106 STAT. 4174

PUBLIC LAW 102-555—OCT. 28, 1992
TITLE III—RESEARCH, DEVELOPMENT, AND
DEMONSTRATION

15 u s e 5631.

SEC. 901. CONTINUED FEDERAL RESEARCH AND DEVELOPMENT.

(a) ROLES OF NASA AND DEPABTMENT OF DEFENSE.—(1) The
Administrator and t^e 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,
includhig 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,
luiiversities, 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 INTERIOR.—

(1) In order to enhance the abiUty 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 appucations 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 Stetes
Government agencies are authorized and encouraged to conduct
research and development on the use of remote sensing in the
fulfillment of tibeir authorized missions, using funds appropriated
for such purposes.
15 u s e 5632.

SEC. 902. AVAILABOJTir OF FEDERALLY GATHERED U N E N H A N C E D
DATA.

(a) GENERAL RULE.—All unenhanced land remote sensing data
gathered and owned by the United Stetes Government, including
unenhanced date gathered under the technologv demonstration program carried out pursuant to section 303, shall be made available
to users in a timely fashion.
President.

15 use 5633.
President.

(b) PROTECTION FOR COMMERCIAL DATA DISTRIBUTOR.—The

President shall seek to ensure that unenhanced date gathered
under the technology demonstration program carried out pursuant
to section 303 shaU, to the extent practicable, be made available
on terms that would not adversely effect the commercial market
for unenhanced date gathered by the Landsat 6 spacecraft.
SEC. 808. TECHNOLOGY DEMONSTRATION PROGRAM.
(a) ESTABLISHMENT.—As a fundamental component of a
national land remote sensing strategy, the President shall esteblish.

PUBLIC LAW 102-555—OCT. 28, 1992

106 STAT. 4175

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 the date of the enactment
of this Act.
(2) demonstrate within sudi 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 uie Landsat system projected
to be in operation throiigh the year 2000, and that therefore
holds greater potential for private sector investment and
control.
(b) EXECUTION OF PROGRAM.—In executing the technology dem- President.
onstration 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 estabUshed under subsection
(a) shall be designed to be responsive to the broad civilian, national
security, commercial, and foreign poli^ 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 President.
progress of the technology demonstration program under this section and, within 2 years after the date of enactment of this Act,
submit a report to the Congress on such progress.
TITLE IV—ASSESSING OPTIONS FOR SUCCESSOR LAND
REMOTE SENSING SYSTEM
SEC. 401. ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENS- 15 USC 5641.
ING SYSTEM.

(a) ASSESSMENT.—Within 5 years after the date of the enact- Reports.
ment of this Act, 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 disaavantages 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

106 STAT. 4176

PUBLIC LAW 102-555—OCT. 28, 1992

(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), 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 pohcy
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
enhajicements developed under the technology demonstration
program under section 303, 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 oe in operation through the year 2000.
(c) PREFERENCE FOR PRIVATE SECTOR SYSTEM.—If a successor
land remote sensing system to Landsat 7 can be fimded and managed by the private sector while still achieving the goals steted
in subsection (b) without jeopardizing the domestic, national security, and foreign policy interests of the United Stetes, preference
should be given to the development of such a system by tne private
sector witnout competition trom the United Stetes Government.
TITLE V—GENERAL PROVISIONS
15 u s e 5651.

SEC. 501. NONDISCRIMINATORY DATA AVAILABILITY.
(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 Grovemment 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 506)
regarding delivery, format, pricing, or technical considerations
which would favor one customer or class of customers over another.
(b) EXCEPTIONS.—^Unenhanced data generated bv the Landsat
system or any other land remote sensing system funded and owned
by the Unit^ States Government may be made available to the
Lmited States Government and ite affiliated users at reduced prices,
in accordance with this Act, on tiie condition that such unenhanced
data are used solely for noncommercial purposes.
15 u s e 5652.

SEC. S02. ARCHIVING OF DATA.
(a) PUBLIC INTEREST.—It is in the public interest for the United

Stetes Government to—
(1) maintain an archive of land remote sensing data for
historical, scientific, and technical purposes, including longterm 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.

PUBLIC LAW 102-555—OCT. 28, 1992

106 STAT. 4177

land remote sensing data set (hereinafter referred to as the 1)asic
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 OP CONTENT OF BASIC DATA SET.—In determining the initial content of, or in upgrading, the basic data set,
the Secretary of Interior shall—
(1) use as a baseline the data archived on the date of
enactment of this Act;
(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 geographiccd 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 title I, or oy licensees under title II;
(6) include, as the Secretary of the Interior considers appropriate, data collected by foreign ground stations or by foreign
remote sensing space svstems; and
(7) ensure mat uie content of the archive is developed
in accordance with section 506.
(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 mlfilling
user requests.
SEC. 503. NONREPRODUCnON.

15 USC 5653.

Unenhanced data distributed by any Ucensee under title II
of this Act may be sold on the condition that such data will not
be reproduced or disseminated by the purchaser for commercial
purposes.
SEC. 504. REmBURSEMENT FOR ASSISTANCE.

15 USC 5654.

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 Act. Substantial assistance shall be reimbursed by the operator,
except as otherwise provided by law.
SEC. 506. ACQUISITION OF EQUIPMENT.

15 USC 5655.

The Landsat Program Management may, by means of a
competitive process, allow a Ucensee under title II or any other
private party to buy, lease, or otherwise acquire the use oi 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.
SEC. 506. RADIO FREQUENCY ALLOCATION.
15 USC 5656.
(a) APPUCATION TO FEDERAL COMMUNICATIONS COMMISSION.—

To the extent required by the Communications Act of 1934 (47

106 STAT. 4178

PUBLIC LAW 102-555—OCT. 28, 1992

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 title IL
(b) DEADLINE FOR FCU 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 Act, within 120 days of the receipt of an
application for such licensing. If final action has not occiirred 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.

Licensing.

(c) DEVELOPMENT AND CONSTRUCTION OF UNITED STATES SYS-

TEMS.—^Authority shall not be required fi:t)m 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 OBUGATIONS AND PUB-

LIC INTEREST.—^Frequency allocations made pursuant to this section
by the Federal Communications Commission shall be consistent
with international obligations and with the public interest.
15 u s e 5657.

SEC. 607. CONSULTATION.
(a) CONSULTATION WITH SECRETARY OF DEFENSE.—The

,

Reports.

Sec-

retanr and the Landsat Program Management shall consult with
the Secretary of Defense on all matters imder 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 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 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 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 dfeveloping 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 obUgations and policies of the United States
Government.
(d) REIMBURSEMENTS.—^If, as a result of technical modifications
imposed on a licensee under title II on the basis of nationcd security

PUBLIC LAW 102-555—OCT. 28, 1992

106 STAT. 4179

concerns, the Secretary, in consultation with the Secretary of
Defense or with other Federal a^^ncies, determines that additional
costs will be incurred by the hcensee, or that past development
costs (including the cost of capital) will not be recovered by the
licensee, the S^n^tary 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 cnanges
in system performance, but not costs ordinarily associated with
doing business abroad.
SEC. 508. ENFORCEMENT.

15 USC 5658.

(a) IN GENERAL.—^In order to ensure that unenhanced data
from the Landsat system received solely for noncommercial purposes
are not used for any conmiercial 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 svstem for enforcing this
prohibition, in the event that unenhanced data from the Lcuidsat
system are made available for noncommercial purposes at a different price than such data are made available tor other purposes.
(b) AUTHORITY OF SECRETARY.—Subject to subsection (d), the
Secretary may impose any of the enforcement mechanisms described
in subsection (c) against a person who^
(1) receives unenhanced data frt>m the Landsat system
under this Act solely for noncommercial purposes (and at a
different price than the price at which such data are made
available tor other purposes); and
(2) uses such data for other than noncommercial piirposes.
(c) ENFORCEMENT MECHANISMS.—Enforcement mechanisms
referred to in subsection (b) 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 tiie 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 eUgible for
data at the cost of fulfulinguser requests.
(d) PROCEDURES AND REGULATIONS.—The Secretary shall issue
any regulations necessary to carry out this section and shall
esteblish standards and procedures governing the imposition of
enforcement mechanisms under subsection (b). The standards and
procedures shall include a procedure for potentially aggrieved parties to file formal protests witii 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. Reports.
and shall report armually to the Congress on instances of such
violations.
TITLE VI—PROHIBITION OF COMMERCIALIZATION OF
WEATHER SATELLITES
SEC. 601. PROHmrnON.

Neither the President nor any other official of the Government
shall make any effort to lease, sell, or transfer to the private
sector, or commerciaUze, any portion of the weather satellite sys-

15USC5671.

106 STAT. 4180

PUBLIC LAW 102-555—OCT. 28, 1992

terns operated by the Department of Commerce or any successor
agency.
15 u s e 5672.

SEC. 60S. FUTURE CONSIDERATION&

Regardless of any diange in circumstances subsequent to the
enactment of this Act, even if such change makes it appear to
be in the national interest to commercialize weather satellites,
neither the President nor any ofiEicial shall take any action prohibited by section 601 unless this title has first been repealed.
Approved October 28, 1992.

LEGISLATIVE HISTORY—H.R. 6133:
CONGRESSIONAL RECORD, Vol. 138 (1992):
Oct. 5, considered and passed House.
Oct. 7, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992):
Oct. 28, Presidential statement.