I

103D CONGRESS

2D SESSION H. R. 4818

To revise the Land Remote Sensing Policy Act of 1992.

IN THE HOUSE OF REPRESENTATIVES

JULY 22, 1994

Mr. WALKER (for himself, Mr. BROWN of California, and Mr. BAKER of California) introduced the following bill; which was referred to the Committee

on Science, Space, and Technology

A BILL

To revise the Land Remote Sensing Policy Act of 1992.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AMENDMENTS.

4 The Land Remote Sensing Policy Act of 1992 (15

5 U.S.C. 5601 et seq.) is amended—

6 (1) by amending section 2(9) to read as follows:

7 ‘‘(9) Because Landsat data are particularly im8 portant for global environmental change research,

9 the program should be managed by an integrated

10 team consisting of the National Aeronautics and

11 Space Administration and the National Oceanic and
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1 Atmospheric Administration and coordinated by the

2 Office of Science and Technology Policy.’’;

3 (2) in sections 3(6)(A), 101 (a) and (b),

4 103(b), and 504, by striking ‘‘Secretary of Defense’’

5 and inserting in lieu thereof ‘‘Secretary’’;

6 (3) in section 3(6)(B), by striking ‘‘Department

7 of Defense’’ and inserting in lieu thereof ‘‘Depart8 ment of Commerce’’;

9 (4) in section 101(b)(1), by striking ‘‘, with the

10 addition of a tracking and data relay satellite com11 munications capability’’;

12 (5) in section 101(b)(2), by striking all after

13 ‘‘baseline funding profile’’ and inserting in lieu

14 thereof ‘‘for the development and operational life of

15 Landsat 7 that is mutually acceptable to the agen16 cies constituting the Landsat Program Manage17 ment;’’;

18 (6) in section 101(b), by inserting after para19 graph (4) the following:

20 ‘‘The Director of the Office of Science and Technology

21 Policy shall, no later than October 1, 1994, transmit the

22 management plan to the Committee on Science, Space,

23 and Technology of the House of Representatives and the

24 Committee on Commerce, Science, and Transportation of

25 the Senate.’’;
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1 (7) in sections 101(c)(3), 202(b)(1), 501(a),

2 and 502(c)(7), by striking ‘‘section 506’’ and insert3 ing in lieu thereof ‘‘section 507’’;

4 (8) in section 102(b)(1), by striking ‘‘by the ex5 pected end of the design life of Landsat 6’’ and in6 serting in lieu thereof ‘‘by the predicted end of life

7 of Landsat 5, or as soon as practicable thereafter’’;

8 (9) in section 103(a), by striking ‘‘section 105’’

9 and inserting in lieu thereof ‘‘section 104’’;

10 (10) by striking section 104 and redesignating

11 section 105 as section 104;

12 (11) in section 201(c)—

13 (A) by striking ‘‘120 days’’ and inserting

14 in lieu thereof ‘‘90 days’’; and

15 (B) by amending the second sentence

16 thereof to read as follows: ‘‘If the Secretary de17 termines that the license requested by the appli18 cant should not be issued, the Secretary shall

19 inform the applicant within such 90-day period

20 of the reasons for such determination and the

21 specific actions required of the applicant to ob22 tain a license.’’;

23 (12) in section 202(b)(6), by inserting ‘‘, other

24 than for the sale of data generated by the system in
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1 accordance with the license, that’’ after ‘‘of any

2 agreement’’;

3 (13) in section 204, by striking ‘‘may’’ and in4 serting in lieu thereof ‘‘shall’’;

5 (14) by inserting at the end of title II the fol6 lowing new section:

7 ‘‘SEC. 206. NOTIFICATION.

8 ‘‘(a) LIMITATIONS ON LICENSEE.—Within 30 days

9 after any determination by the Secretary to require a li10 censee to limit collection or distribution of data from a

11 system licensed pursuant to this title, the Secretary shall

12 report to the Congress the reasons for such determination,

13 the limitations imposed on the licensee, and the period

14 during which such limitations apply.

15 ‘‘(b) TERMINATION, MODIFICATION, OR SUSPEN16 SION.—Within 30 days after any action by the Secretary

17 to seek an order of injunction or other judicial determina18 tion to terminate, modify, or suspend a license pursuant

19 to section 203(a)(2), the Secretary shall notify the Con20 gress of such action and provide the reasons for such ac21 tion.’’;

22 (15) in section 302—

23 (A) by striking ‘‘(a) GENERAL RULE.—’’;

24 and

25 (B) by striking subsection (b);
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1 (16) in section 506, by adding at the end the

2 following new subsection:

3 ‘‘(e) FEES.—(1) The Federal Communications Com4 mission shall ensure that any licensing or other fees that

5 a person described in paragraph (2) is required to pay to

6 such Commission shall be proportional to the cost to the

7 Commission of the radio licensing process for such person

8 relative to the cost to the Commission of licensing other

9 entities subject to the fee. In no event shall such a fee

10 be required in an amount greater than $5,000 per ground

11 station.

12 ‘‘(2) A person referred to in paragraph (1) is a pri13 vate remote sensing space system operator subject to the

14 licensing requirements of title II.’’; and

15 (17) in section 507, by striking subsection (a)

16 and subsection (b)(1) and inserting in lieu thereof

17 the following:

18 ‘‘(a) RESPONSIBILITY OF SECRETARY OF DE19 FENSE.—The Secretary shall consult with the Secretary

20 of Defense on all matters under this Act affecting national

21 security. Within 30 days after receiving a request from

22 the Secretary, the Secretary of Defense shall recommend

23 any conditions for a license issued under title II, consist24 ent with this Act, that the Secretary of Defense deter25 mines are needed to protect the national security of the
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1 United States. If no such recommendations have been re2 ceived by the Secretary within such 30-day period, the

3 Secretary may deem activities proposed in the license ap4 plication to be consistent with the protection of the na5 tional security of the United States.

6 ‘‘(b) RESPONSIBILITY OF SECRETARY OF STATE.—

7 (1) The Secretary shall consult with the Secretary of State

8 on all matters under this Act affecting international obli9 gations of the United States. Within 30 days after receiv10 ing a request from the Secretary, the Secretary of State

11 shall recommend any conditions for a license issued under

12 title II, consistent with this Act, that the Secretary of

13 State determines are needed to meet existing international

14 obligations of the United States. If no such recommenda15 tions have been received by the Secretary within such 30-

16 day period, the Secretary may deem activities proposed in

17 the license application to be consistent with existing inter18 national obligations of the United States.’’.

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