H. R. 3237—80 
not be borne by the United States Government in the absence 
of such use. 
(2) CREDIT TO APPROPRIATION.—The amount of any payment 
received by the United States for use of facilities under this 
subsection shall be credited to the appropriation from which 
the cost of providing such facilities was paid. 
§ 50505. Test facilities 
(a) CHARGES.—The Administrator shall establish a policy of 
charging users of the Administration’s test facilities for the costs 
associated with their tests at a level that is competitive with alter-
native test facilities. The Administrator shall not implement a 
policy of seeking full cost recovery for a facility until at least 
30 days after transmitting a notice to the Committee on Science 
and Technology of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate. 
(b) FUNDING ACCOUNT.—In planning and budgeting, the Adminis-
trator shall establish a funding account that shall be used for 
all test facilities. The account shall be sufficient to maintain the 
viability of test facilities during periods of low utilization. 
§ 50506. Commercial Space Achievement Award 
(a) ESTABLISHMENT.—There is established a Commercial Space 
Achievement Award. The award shall consist of a medal, which 
shall be of such design and materials and bear such inscriptions 
as determined by the Secretary of Commerce. A cash prize may 
also be awarded if funding for the prize is available under subsection 
(d). 
(b) CRITERIA
FOR AWARD.—The Secretary of Commerce shall 
periodically make awards under this section to individuals, corpora-
tions, corporate divisions, or corporate subsidiaries substantially 
engaged in commercial space activities that in the opinion of the 
Secretary of Commerce best meet the following criteria: 
(1) NON-GOVERNMENTAL REVENUE.—For corporate entities, at 
least half of the revenues from the space-related activities 
of the corporation, division, or subsidiary is derived from 
sources other than the United States Government. 
(2) SUBSTANTIAL CONTRIBUTION.—The activities and achieve-
ments of the individual, corporation, division, or subsidiary 
have substantially contributed to the United States gross 
national product and the stature of United States industry 
in international markets, with due consideration for both the 
economic magnitude and the technical quality of the activities 
and achievements. 
(3) SUBSTANTIAL ADVANCEMENT OF TECHNOLOGY.—The indi-
vidual, corporation, division, or subsidiary has substantially 
advanced space technology and space applications directly 
related to commercial space activities. 
(c) LIMITATIONS.—No individual or corporate entity may receive 
an award under this section more than once every 5 years. 
(d) FUNDING FOR AWARD.—The Secretary of Commerce may seek 
and accept gifts of money from public and private sources for 
the purpose of making cash prize awards under this section. Such 
money may be used only for that purpose, and only such money 
may be used for that purpose. The Secretary of Commerce shall 
make publicly available an itemized list of the sources of such 
funding.
H. R. 3237—81 
CHAPTER 507—OFFICE OF SPACE COMMERCIALIZATION 
Sec. 
50701.
Definition of Office. 
50702.
Establishment. 
50703.
Annual report. 
§ 50701. Definition of Office 
In this chapter, the term ‘‘Office’’ means the Office of Space 
Commercialization established in section 50702 of this title. 
§ 50702. Establishment 
(a) IN GENERAL.—There is established within the Department 
of Commerce an Office of Space Commercialization. 
(b) DIRECTOR.—The Office shall be headed by a Director, who 
shall be a senior executive and shall be compensated at a level 
in the Senior Executive Service under section 5382 of title 5 as 
determined by the Secretary of Commerce. 
(c) FUNCTIONS OF OFFICE.—The Office shall be the principal unit 
for the coordination of space-related issues, programs, and initia-
tives within the Department of Commerce. 
(d) DUTIES OF DIRECTOR.—The primary responsibilities of the 
Director in carrying out the functions of the Office shall include— 
(1) promoting commercial provider investment in space activi-
ties by collecting, analyzing, and disseminating information 
on space markets, and conducting workshops and seminars 
to increase awareness of commercial space opportunities; 
(2) assisting United States commercial providers in the efforts 
of those providers to conduct business with the United States 
Government; 
(3) acting as an industry advocate within the executive branch 
of the Federal Government to ensure that the Federal Govern-
ment meets the space-related requirements of the Federal 
Government, to the fullest extent feasible, using commercially 
available space goods and services; 
(4) ensuring that the United States Government does not 
compete with United States commercial providers in the provi-
sion of space hardware and services otherwise available from 
United States commercial providers; 
(5) promoting the export of space-related goods and services; 
(6) representing the Department of Commerce in the develop-
ment of United States policies and in negotiations with foreign 
countries to ensure free and fair trade internationally in the 
area of space commerce; and 
(7) seeking the removal of legal, policy, and institutional 
impediments to space commerce. 
§ 50703. Annual report 
The Secretary of Commerce shall submit an annual report on 
the activities of the Office, including planned programs and expendi-
tures, to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Science and Technology of 
the House of Representatives. 
Subtitle VI—Earth Observations
H. R. 3237—82 
CHAPTER 601—LAND REMOTE SENSING POLICY 
SUBCHAPTER I—GENERAL 
Sec. 
60101.
Definitions. 
SUBCHAPTER II—LANDSAT 
60111.
Landsat Program Management. 
60112.
Transfer of Landsat 6 program responsibilities. 
60113.
Data policy for Landsat 7. 
SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING SPACE 
SYSTEMS 
60121.
General licensing authority. 
60122.
Conditions for operation. 
60123.
Administrative authority of Secretary. 
60124.
Regulatory authority of Secretary. 
60125.
Agency activities. 
SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND DEMONSTRATION 
60131.
Continued Federal research and development. 
60132.
Availability of federally gathered unenhanced data. 
60133.
Technology demonstration program. 
60134.
Preference for private sector land remote sensing system. 
SUBCHAPTER V—GENERAL PROVISIONS 
60141.
Nondiscriminatory data availability. 
60142.
Archiving of data. 
60143.
Nonreproduction. 
60144.
Reimbursement for assistance. 
60145.
Acquisition of equipment. 
60146.
Radio frequency allocation. 
60147.
Consultation. 
60148.
Enforcement. 
SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF WEATHER 
SATELLITES 
60161.
Prohibition. 
60162.
Future considerations. 
SUBCHAPTER I—GENERAL 
§ 60101. Definitions 
In this chapter: 
(1) COST
OF
FULFILLING
USER
REQUESTS.—The term ‘‘cost 
of fulfilling user requests’’ means the incremental costs associ-
ated with providing product generation, reproduction, and dis-
tribution 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 Govern-
ment or other costs not specifically attributable to fulfilling 
user requests. 
(2) DATA
CONTINUITY.—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 geom-
etry, 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. 
(3) DATA PREPROCESSING.—The term ‘‘data preprocessing’’— 
(A) may include—
H. R. 3237—83 
(i) 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; 
(ii) registration of such data with respect to features 
of the Earth; and 
(iii) calibration of spectral response with respect to 
such data; but 
(B) does not include conclusions, manipulations, or cal-
culations derived from such data, or a combination of such 
data with other data. 
(4) LAND REMOTE SENSING.—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. 
(5) LANDSAT
PROGRAM
MANAGEMENT.—The term ‘‘Landsat 
Program Management’’ means the integrated program manage-
ment structure— 
(A) established by, and responsible to, the Administrator 
and the Secretary of Defense pursuant to section 60111(a) 
of this title; and 
(B) consisting of appropriate officers and employees of 
the Administration, the Department of Defense, and any 
other United States Government agencies the President 
designates as responsible for the Landsat program. 
(6) LANDSAT
SYSTEM.—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, sys-
tems, and facilities owned by the United States Government. 
(7) LANDSAT 6 CONTRACTOR.—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. 
(8) LANDSAT 7.—The term ‘‘Landsat 7’’ means the follow- 
on satellite to Landsat 6. 
(9) NATIONAL
SATELLITE
LAND
REMOTE
SENSING
DATA 
ARCHIVE.—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 60142 of this title. 
(10) NONCOMMERCIAL PURPOSES.—The term ‘‘noncommercial 
purposes’’ means 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 profit-
making; 
(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