H. R. 3237—92 
(3) to incorporate system enhancements, including any such 
enhancements developed under the technology demonstration 
program under section 60133 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 
otherwise projected to be in operation in the future. 
SUBCHAPTER V—GENERAL PROVISIONS 
§ 60141. Nondiscriminatory data availability 
(a) IN GENERAL.—Except as provided in subsection (b), 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 60146 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. 
§ 60142. Archiving of data 
(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) ensure the quality, integrity, and continuity of the archive. 
(b) ARCHIVING PRACTICES.—The Secretary of the Interior, in con-
sultation with the Landsat Program Management, shall provide 
for long-term storage, maintenance, and upgrading of a basic, global, 
land remote sensing data set (hereafter in this section referred 
to as the ‘‘basic data set’’) and shall follow reasonable archival 
practices to ensure 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 deter-
mining the initial content of, or in upgrading, the basic data set, 
the Secretary of the Interior shall— 
(1) use as a baseline the data archived on October 28, 1992; 
(2) take into account future technical and scientific develop-
ments 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 appro-
priate, unenhanced data generated either by the Landsat 
system, pursuant to subchapter II, or by licensees under sub-
chapter III;
H. R. 3237—93 
(6) include, as the Secretary of the Interior considers appro-
priate, 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 60146 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. 
§ 60143. Nonreproduction 
Unenhanced data distributed by any licensee under subchapter 
III may be sold on the condition that such data will not be 
reproduced or disseminated by the purchaser for commercial pur-
poses. 
§ 60144. Reimbursement for assistance 
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. 
§ 60145. Acquisition of equipment 
The Landsat Program Management may, by means of a competi-
tive process, allow a licensee under subchapter III or any other 
private party to buy, lease, or otherwise acquire the use of equip-
ment 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. 
§ 60146. Radio frequency allocation 
(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 
III. 
(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 SYS-
TEMS.—Authority shall not be required from the Federal Commu-
nications Commission for the development and construction of any 
United States land remote sensing space system (or component
H. R. 3237—94 
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. 
§ 60147. Consultation 
(a) CONSULTATION WITH SECRETARY OF DEFENSE.—The Secretary 
and the Landsat Program Management shall consult with the Sec-
retary 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, nec-
essary to meet national security concerns of the United States 
and for notifying the Secretary and the Landsat Program Manage-
ment promptly of such conditions. 
(b) CONSULTATION WITH SECRETARY OF STATE.— 
(1) IN GENERAL.—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 Pro-
gram Management of such conditions. 
(2) INTERNATIONAL AID.—Appropriate United States Govern-
ment 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) REPORTING DISCRIMINATORY DISTRIBUTION.—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 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 III on the basis of national 
security concerns, the Secretary, in consultation with the Secretary 
of Defense or with other Federal agencies, determines that addi-
tional costs will be incurred by the licensee, or that past develop-
ment 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. 
§ 60148. Enforcement 
(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
H. R. 3237—95 
collaboration with private sector entities responsible for the mar-
keting 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), the 
Secretary may impose any of the enforcement mechanisms described 
in subsection (c) against a person that— 
(1) receives unenhanced data from the Landsat system under 
this chapter solely for noncommercial purposes (and at a dif-
ferent price than the price at which such data are made avail-
able for other purposes); and 
(2) uses such data for other than noncommercial purposes. 
(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 the Secretary considers necessary to ensure, to the 
greatest extent practicable, that unenhanced data provided for non-
commercial 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 estab-
lish standards and procedures governing the imposition of enforce-
ment mechanisms under subsection (b). The standards and proce-
dures shall include a procedure for potentially aggrieved parties 
to file formal protests with the Secretary alleging instances where 
such unenhanced data have been, or are 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 Congress on instances of such violations. 
SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION 
OF WEATHER SATELLITES 
§ 60161. Prohibition 
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 sys-
tems operated by the Department of Commerce or any successor 
agency. 
§ 60162. Future considerations 
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 60161 
of this title unless this subchapter has first been repealed. 
CHAPTER 603—REMOTE SENSING 
Sec. 
60301.
Definitions. 
60302.
General responsibilities.