112 
colleges, space grant regional consortia, other colleges and 
institutions of higher education, professional associations, 
and institutes in such a manner as to ensure wide geo-
graphic and institutional diversity in the pursuit of re-
search under the fellowship program. 
(b) LIMITATION ON AMOUNT PROVIDED.—The total 
amount which may be provided for grants under the space 
grant fellowship program during any fiscal year shall not 
exceed an amount equal to 50 percent of the total funds 
appropriated for such year pursuant to this chapter. 
(c) AUTHORITY TO SPONSOR OTHER RESEARCH 
FELLOWSHIP PROGRAMS UNAFFECTED.—Nothing in this 
section shall be construed to prohibit the Administrator 
from sponsoring any research fellowship program, includ-
ing any special emphasis program, which is established 
under an authority other than this chapter. 
§ 709. Space grant review panel 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish an independent committee known as the space 
grant review panel, which shall not be subject to the provi-
sions of the Federal Advisory Committee Act (5 U.S.C. 
App.). 
(b) DUTIES.—The panel shall take such steps as may 
be necessary to review, and shall advise the Administrator 
with respect to—
113 
(1) applications or proposals for, and perform-
ance under, grants and contracts awarded pursuant 
to sections 705 and 706 of this title; 
(2) the space grant fellowship program; 
(3) the designation and operation of space 
grant colleges and space grant regional consortia, 
and the operation of space grant and fellowship pro-
grams; 
(4) the formulation and application of the plan-
ning guidelines and priorities pursuant to sub-
sections (a) and (b)(1) of section 704 of this title; 
and 
(5) such other matters as the Administrator re-
fers to the panel for review and advice. 
(c) PERSONNEL AND ADMINISTRATIVE SERVICES.— 
The Administrator shall make available to the panel any 
information, personnel, and administrative services and 
assistance which is reasonable to carry out the duties of 
the panel. 
(d) MEMBERS.— 
(1) APPOINTMENT.—The Administrator shall 
appoint the voting members of the panel. A majority 
of the voting members shall be individuals who, by 
reason of knowledge, experience, or training, are es-
pecially qualified in one or more of the disciplines
114 
and fields related to space. The other voting mem-
bers shall be individuals who, by reason of knowl-
edge, experience, or training, are especially qualified 
in, or representative of, education, extension serv-
ices, State government, industry, economics, plan-
ning, or any other activity related to efforts to en-
hance the understanding, assessment, development, 
or utilization of space resources. The Administrator 
shall consider the potential conflict of interest of any 
individual in making appointments to the panel. 
(2) CHAIRMAN AND VICE CHAIRMAN.—The Ad-
ministrator shall select one voting member to serve 
as the Chairman and another voting member to 
serve as the Vice Chairman. The Vice Chairman 
shall act as Chairman in the absence or incapacity 
of the Chairman. 
(3) REIMBURSEMENT FOR EXPENSES.—Voting 
members of the panel who are not Federal employ-
ees shall be reimbursed for actual and reasonable ex-
penses incurred in the performance of such duties. 
(4) MEETINGS.—The panel shall meet on a bi-
annual basis and, at any other time, at the call of 
the Chairman or upon the request of a majority of 
the voting members or of the Administrator.
115 
(5) POWERS.—The panel may exercise such 
powers as are reasonably necessary in order to carry 
out the duties enumerated in subsection (b). 
§ 710. Availability of other Federal personnel and 
data 
Each department, agency, or other instrumentality of 
the Federal Government that is engaged in or concerned 
with, or that has authority over, matters relating to 
space— 
(1) may, upon a written request from the Ad-
ministrator, make available, on a reimbursable basis 
or otherwise, any personnel (with their consent and 
without prejudice to their position and rating), serv-
ice, or facility which the Administrator considers 
necessary to carry out any provision of this chapter; 
(2) may, upon a written request from the Ad-
ministrator, furnish any available data or other in-
formation which the Administrator considers nec-
essary to carry out any provision of this chapter; 
and 
(3) may cooperate with the Administration. 
§ 711. Designation or award to be on competitive 
basis 
The Administrator shall not under this chapter des-
ignate any space grant college or space grant regional con-
116 
sortium or award any fellowship, grant, or contract unless 
such designation or award is made in accordance with the 
competitive, merit-based review process employed by the 
Administration on October 30, 1987. 
CHAPTER 9—BIOMEDICAL RESEARCH IN 
SPACE 
Sec. 
901. Findings. 
902. Biomedical research joint working group. 
903. Biomedical research grants. 
904. Biomedical research fellowships. 
905. Establishment of electronic data archive. 
906. Establishment of emergency medical service telemedicine capability. 
§ 901. Findings 
Congress finds that— 
(1) the space program can make significant 
contributions to selected areas of health-related re-
search and should be an integral part of the Na-
tion’s health research and development program; 
(2) the continuing development of trained sci-
entists and engineers is essential to carrying out an 
effective and sustained program of biomedical re-
search in space and on the ground; 
(3) the establishment and maintenance of an 
electronically accessible archive of data on space-re-
lated biomedical research is essential to advancement 
of the field; 
(4) cooperation with the republics of the former 
Soviet Union, including use of former Soviet orbital
117 
facilities, offers the potential for greatly enhanced 
biomedical research activities and progress; and 
(5) the establishment and maintenance of an 
international telemedicine consultation satellite capa-
bility to support emergency medical service provision 
can provide an important aid to disaster relief ef-
forts. 
§ 902. Biomedical research joint working group 
(a) ESTABLISHMENT.—The Administrator and the 
Director of the National Institutes of Health shall jointly 
establish a working group to coordinate biomedical re-
search activities in areas where a microgravity environ-
ment may contribute to significant progress in the under-
standing and treatment of diseases and other medical con-
ditions. The joint working group shall formulate joint and 
complementary programs in such areas of research. 
(b) MEMBERSHIP.—The joint working group shall in-
clude equal representation from the Administration and 
the National Institutes of Health, and shall include rep-
resentation from National Institutes of Health councils, 
as selected by the Director of the National Institutes of 
Health, and from the National Aeronautics and Space Ad-
ministration Advisory Council. 
(c) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA.— 
The joint working group shall organize annual symposia
118 
on biomedical research described in subsection (a) under 
the joint sponsorship of the Administration and the Na-
tional Institutes of Health. 
(d) ANNUAL REPORTING REQUIREMENT.—The joint 
working group shall report annually to Congress on its 
progress in carrying out this section. 
§ 903. Biomedical research grants 
(a) ESTABLISHMENT OF PROGRAM.—The Adminis-
trator and the Director of the National Institutes of 
Health shall establish a joint program of biomedical re-
search grants in areas described in section 902(a) of this 
title, where such research requires access to a microgravity 
environment. Such program shall be consistent with ac-
tions taken by the joint working group under section 902 
of this title. 
(b) RESEARCH OPPORTUNITY ANNOUNCEMENTS.— 
The grants program established under subsection (a) shall 
annually issue joint research opportunity announcements 
under the sponsorship of the National Institutes of Health 
and the Administration. Responses to the announcements 
shall be evaluated by a peer review committee whose mem-
bers shall be selected by the Director of the National Insti-
tutes of Health and the Administrator, and shall include 
individuals not employed by the Administration or the Na-
tional Institutes of Health.
119 
§ 904. Biomedical research fellowships 
The Administrator and the Director of the National 
Institutes of Health shall create a joint program of grad-
uate research fellowships in biomedical research described 
in section 902(a) of this title. Fellowships under such pro-
gram may provide for participation in approved research 
conferences and symposia. 
§ 905. Establishment of electronic data archive 
The Administrator shall create and maintain a na-
tional electronic data archive for biomedical research data 
obtained from space-based experiments. 
§ 906. Establishment of emergency medical service 
telemedicine capability 
The Administrator, the Director of the Federal 
Emergency Management Agency, the Director of the Of-
fice of Foreign Disaster Assistance, and the Surgeon Gen-
eral of the United States shall jointly create and maintain 
an international telemedicine satellite consultation capa-
bility to support emergency medical services in disaster- 
stricken areas. 
CHAPTER 11—LAND REMOTE SENSING 
POLICY 
SUBCHAPTER I—FINDINGS AND DEFINITIONS 
Sec. 
1101. Findings. 
1102. Definitions. 
SUBCHAPTER II—LANDSAT
120 
1111. Landsat Program Management. 
1112. Procurement of Landsat 7. 
1113. Transfer of Landsat 6 program responsibilities. 
1114. Data policy for Landsat 7. 
SUBCHAPTER III—LICENSING OF PRIVATE REMOTE SENSING 
SPACE SYSTEMS 
1121. General licensing authority. 
1122. Conditions for operation. 
1123. Administrative authority of Secretary. 
1124. Regulatory authority of Secretary. 
1125. Agency activities. 
SUBCHAPTER IV—RESEARCH, DEVELOPMENT, AND 
DEMONSTRATION 
1131. Continued Federal research and development. 
1132. Availability of federally gathered unenhanced data. 
1133. Technology demonstration program. 
SUBCHAPTER V—GENERAL PROVISIONS 
1141. Nondiscriminatory data availability. 
1142. Archiving of data. 
1143. Nonreproduction. 
1144. Reimbursement for assistance. 
1145. Acquisition of equipment. 
1146. Radio frequency allocation. 
1147. Consultation. 
1148. Enforcement. 
SUBCHAPTER VI—PROHIBITION OF COMMERCIALIZATION OF 
WEATHER SATELLITES 
1161. Prohibition. 
1162. Future considerations. 
SUBCHAPTER I—FINDINGS AND DEFINITIONS 
§ 1101. Findings 
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 im-
pacts on the global environment, in managing the 
Earth’s natural resources, in carrying out national 
security functions, and in planning and conducting
121 
many other activities of scientific, economic, and so-
cial 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 sat-
ellite 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 pro-
gram to the United States, urgent actions, including 
expedited procurement procedures, are required to 
ensure data continuity. 
(6) Full commercialization of the Landsat pro-
gram cannot be achieved within the foreseeable fu-
ture, and thus should not serve as the near-term 
goal of national policy on land remote sensing; how-
ever, commercialization of land remote sensing 
should remain a long-term goal of United States pol-
icy.
122 
(7) Despite the success and importance of the 
Landsat system, funding and organizational uncer-
tainties 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 com-
mits the United States to ensuring the continuity of 
Landsat coverage into the 21st century. 
(9) Because Landsat data are particularly im-
portant for national security purposes and global en-
vironmental change research, management respon-
sibilities for the program should be transferred from 
the Department of Commerce to an integrated pro-
gram management involving the Department of De-
fense and the Administration. 
(10) Regardless of management responsibilities 
for the Landsat program, the Nation’s broad civil-
ian, national security, commercial, and foreign policy 
interests in remote sensing will best be served by en-
suring that Landsat remains an unclassified pro-
123 
gram 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 po-
tential for dramatic reductions in the cost, and sub-
stantial improvements in the capabilities, of future 
land remote sensing systems, but such technological 
advances have not been demonstrated for land re-
mote sensing and therefore cannot be relied upon as 
the sole means of achieving data continuity for the 
Landsat program. 
(12) A technology demonstration program in-
volving advanced remote sensing technologies could 
serve a vital role in determining the design of a fol-
low-on spacecraft to Landsat 7, while also helping to 
determine whether such a spacecraft should be fund-
ed by the United States Government, by the private 
sector, or by an international consortium. 
(13) To maximize the value of the Landsat pro-
gram 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 that are financially supported by 
the United States Government, at the cost of ful-
124 
filling 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 commer-
cial 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 exclu-
sively the function of the private sector. 
(16) It is in the best interest of the United 
States to maintain a permanent, comprehensive Gov-
ernment archive of global Landsat and other land 
remote sensing data for long-term monitoring and 
study of the changing global environment. 
§ 1102. Definitions 
In this chapter: 
(1) COST OF FULFILLING USER REQUESTS.— 
The term ‘‘cost of fulfilling user requests’’ means 
the incremental costs associated with providing prod-
uct generation, reproduction, and distribution of 
unenhanced data in response to user requests and
125 
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. 
(2) DATA CONTINUITY.—The term ‘‘data con-
tinuity’’ means the continued acquisition and avail-
ability of unenhanced data which are, from the point 
of view of the user— 
(A) sufficiently consistent (in terms of ac-
quisition geometry, coverage characteristics, 
and spectral characteristics) with previous 
Landsat data to allow comparisons for global 
and regional change detection and characteriza-
tion; 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— 
(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 re-
spect to features of the Earth; and
126 
(iii) calibration of spectral response 
with respect to such data; but 
(B) does not include conclusions, manipu-
lations, or calculations 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 management structure— 
(A) established by, and responsible to, the 
Administrator and the Secretary of Defense 
pursuant to section 1111(a) of this title; and 
(B) consisting of appropriate officers and 
employees of the Administration, the Depart-
ment 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
127 
and owned by the United States Government, along 
with any related ground equipment, systems, and fa-
cilities owned by the United States Government. 
(7) 
LANDSAT
CONTRACTOR.—The 
term 
‘‘Landsat 6 contractor’’ means the private sector en-
tity 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 SENS-
ING DATA ARCHIVE.—The term ‘‘National Satellite 
Land Remote Sensing Data Archive’’ means the ar-
chive established by the Secretary of the Interior 
pursuant to the archival responsibilities defined in 
section 1142 of this title. 
(10) NONCOMMERCIAL
PURPOSES.—The term 
‘‘noncommercial purposes’’ means activities under-
taken by individuals or entities on the condition, 
upon receipt of unenhanced data, that— 
(A) such data shall not be used in connec-
tion with any bid for a commercial contract, de-
velopment of a commercial product, or any 
other non-United States Government activity
128 
that is expected, or has the potential, to be 
profitmaking; 
(B) the results of such activities are dis-
closed 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 contrac-
tors 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. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce. 
(12) 
UNENHANCED
DATA.—The 
term 
‘‘unenhanced data’’ means land remote sensing sig-
nals or imagery products that are unprocessed or 
subject only to data preprocessing. 
(13) UNITED
STATES
GOVERNMENT
AND
ITS 
AFFILIATED USERS.—The term ‘‘United States Gov-
ernment and its affiliated users’’ means— 
(A) United States Government agencies;
129 
(B) researchers involved with the United 
States Global Change Research Program and 
its international counterpart programs; and 
(C) other researchers and international en-
tities that have signed with the United States 
Government a cooperative agreement involving 
the use of Landsat data for noncommercial pur-
poses. 
SUBCHAPTER II—LANDSAT 
§ 1111. Landsat Program Management 
(a) ESTABLISHMENT.—The Administrator and the 
Secretary of Defense shall be responsible for management 
of the Landsat program. Such responsibility shall be car-
ried out by establishing an integrated program manage-
ment structure for the Landsat system. 
(b) MANAGEMENT PLAN.—The Administrator, the 
Secretary of Defense, and any other United States Gov-
ernment official the President designates as responsible 
for part of the Landsat program shall establish, through 
a management plan, the roles, responsibilities, and fund-
ing expectations for the Landsat program of the appro-
priate United States Government agencies. The manage-
ment plan shall— 
(1) specify that the fundamental goal of the 
Landsat Program Management is the continuity of
130 
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 addi-
tion of a tracking and data relay satellite commu-
nications capability; 
(2) include a baseline funding profile that— 
(A) is mutually acceptable to the Adminis-
tration and the Department of Defense for the 
period covering the development and operation 
of Landsat 7; and 
(B) provides for total funding responsi-
bility of the Administration and the Depart-
ment of Defense, respectively, to be approxi-
mately 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 fund-
ing exceeds the baseline funding profile required by 
paragraph (2), and that additional improvements
131 
will be sought only if the improvements will not jeop-
ardize data continuity; and 
(4) provide for a technology demonstration pro-
gram 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 Man-
agement shall be responsible for— 
(1) Landsat 7 procurement, launch, and oper-
ations; 
(2) ensuring that the operation of the Landsat 
system is responsive to the broad interests of the ci-
vilian, 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 
subsections (a) and (b) of section 1146 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,
132 
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 section 1112 of this title; 
(7) coordination of a technology demonstration 
program pursuant to section 1133 of this title; and 
(8) ensuring that copies of data acquired by the 
Landsat system are provided to the National Sat-
ellite Land Remote Sensing Data Archive. 
(d) AUTHORITY TO CONTRACT.—The Landsat Pro-
gram 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 pri-
vate sector for services such as satellite operations and 
data preprocessing. 
(e) LANDSAT ADVISORY PROCESS.— 
(1) ADVICE
AND
COMMENTS.—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 mecha-
133 
nisms. 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.—The Landsat Program Manage-
ment shall prepare and submit biennially a report to 
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 sys-
tem; and
134 
(iii) any recommendations for policy 
or programmatic changes to improve the 
utility and operation of the Landsat sys-
tem. 
§ 1112. Procurement of Landsat 7 
(a) CONTRACT NEGOTIATIONS.—The Landsat Pro-
gram 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
CONSIDER-
ATION.—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 de-
sign life of Landsat 6; 
(2) seek to ensure data continuity by the devel-
opment and delivery of a satellite which is, at a min-
imum, functionally equivalent to the Landsat 6 sat-
ellite; and 
(3) seek to incorporate in Landsat 7 any per-
formance improvements required to meet United
135 
States Government needs that would not jeopardize 
data continuity. 
(c) NOTIFICATION
OF
COST
AND
SCHEDULE 
CHANGES.—The Landsat Program Management shall 
promptly notify 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 sec-
tion. 
(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. 
§ 1113. Transfer of Landsat 6 program responsibil-
ities 
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 1111 
of this title. 
§ 1114. Data policy for Landsat 7 
(a) LANDSAT 7 DATA POLICY.—The Landsat Pro-
gram Management, in consultation with other appropriate
136 
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, na-
tional security, commercial, and foreign users and 
the National Satellite Land Remote Sensing Data 
Archive; 
(3) ensure that the United States retains own-
ership 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 sec-
tor; 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—
137 
(1) United States private sector entities to op-
erate ground receiving stations in the United States 
for Landsat 7 data; 
(2) other means for direct access by private sec-
tor 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 enti-
ties operating ground receiving stations or distrib-
uting Landsat 7 data. 
SUBCHAPTER III—LICENSING OF PRIVATE 
REMOTE SENSING SPACE SYSTEMS 
§ 1121. General licensing authority 
(a) LICENSING AUTHORITY OF SECRETARY.— 
(1) IN GENERAL.—In consultation with other 
appropriate United States Government agencies, the 
Secretary is authorized to license private sector par-
ties 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) LIMITATION
WITH
RESPECT
TO
SYSTEM 
USED FOR OTHER PURPOSES.—In the case of a pri-
vate 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 re-
mote sensing operations of such space system.
138 
(b) COMPLIANCE WITH LAW, REGULATIONS, INTER-
NATIONAL OBLIGATIONS, AND NATIONAL SECURITY.— 
(1) IN GENERAL.—No license shall be granted 
by the Secretary unless the Secretary determines in 
writing that the applicant will comply with the re-
quirements of this chapter, any regulations issued 
pursuant to this chapter, and any applicable inter-
national obligations and national security concerns 
of the United States. 
(2) LIST
OF
REQUIREMENTS
FOR
COMPLETE 
APPLICATION.—The Secretary shall publish in the 
Federal Register a complete and specific list of all 
information required to comprise a complete applica-
tion for a license under this subchapter. An applica-
tion shall be considered complete when the applicant 
has provided all information required by the list 
most recently published in the Federal Register be-
fore the date the application was first submitted. 
Unless the Secretary has, within 30 days after re-
ceipt of an application, notified the applicant of in-
formation 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 deter-
139 
mination 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 pend-
ing 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) DESIGNATION OF DATA.—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 1122(b)(3) of 
this title. 
(2) PRELIMINARY DETERMINATION.—The Sec-
retary 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 devel-
opment, fabrication, launch, or operations costs 
have been or will be directly funded by the 
United States Government; or
140 
(B) it is in the interest of the United 
States to require such data to be provided by 
the licensee consistent with section 1122(b)(3) 
of this title, after considering the impact on the 
licensee and the importance of promoting wide-
spread access to remote sensing data from 
United States and foreign systems. 
(3) CONSISTENCY WITH CONTRACT OR OTHER 
ARRANGEMENT.—A designation made by the Sec-
retary under paragraph (1) shall not be inconsistent 
with any contract or other arrangement entered into 
between a United States Government agency and the 
licensee. 
§ 1122. Conditions for operation 
(a) LICENSE REQUIRED FOR OPERATION.—No per-
son that 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 1121 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
141 
and to observe the international obligations of the 
United States in accordance with section 1146 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 1121(e) 
of this title available in accordance with section 
1141 of this title; 
(4) upon termination of operations under the li-
cense, 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.
142 
(c) ADDITIONAL LICENSING REQUIREMENTS
FOR 
LANDSAT 6 CONTRACTOR.—In addition to the require-
ments of subsection (b), any license issued pursuant to 
this subchapter to the Landsat 6 contractor shall specify 
that the Landsat 6 contractor shall— 
(1) notify the Secretary of any value added ac-
tivities (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, pro-
vide the Secretary with a plan for compliance with 
section 1141 of this title. 
§ 1123. Administrative authority of Secretary 
(a) FUNCTIONS.—In order to carry out the respon-
sibilities specified in this subchapter, the Secretary may— 
(1) grant, condition, or transfer licenses under 
this chapter; 
(2) seek an order of injunction or similar judi-
cial determination from a district court of the 
United States with personal jurisdiction over the li-
censee to terminate, modify, or suspend licenses 
under this subchapter and to terminate licensed op-
erations on an immediate basis, if the Secretary de-
termines that the licensee has substantially failed to 
comply with any provisions of this chapter, with any
143 
terms, conditions, or restrictions of such license, or 
with any international obligations or national secu-
rity 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 sepa-
rate violation); 
(4) compromise, modify, or remit any such civil 
penalty; 
(5) issue subpoenas for any materials, docu-
ments, or records, or for the attendance and testi-
mony 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 ad-
minister to or take from any person an oath, affir-
mation, or affidavit concerning any matter relating 
to the enforcement of this chapter.
144 
(b) REVIEW OF AGENCY ACTION.—Any applicant or 
licensee that makes a timely request for review of an ad-
verse action pursuant to paragraph (1), (3), (5), or (6) 
of subsection (a) shall be entitled to adjudication by the 
Secretary on the record after an opportunity for any agen-
cy hearing with respect to such adverse action. Any final 
action by the Secretary under this subsection shall be sub-
ject to judicial review under chapter 7 of title 5. 
§ 1124. Regulatory authority of Secretary 
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. 
§ 1125. Agency activities 
(a) LICENSE APPLICATION AND ISSUANCE.—A pri-
vate sector party may apply for a license to operate a pri-
vate 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 Sec-
retary, pursuant to this subchapter, may license such sys-
tem 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
145 
reasonable and proportionate share of fixed, plat-
form, 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 assist-
ance to private sector parties in finding appropriate oppor-
tunities for such utilization. 
(c) AGREEMENTS.—To the extent provided in ad-
vance by appropriation Acts, any United States Govern-
ment agency may enter into agreements for such utiliza-
tion if such agreements are consistent with such agency’s 
mission and statutory authority, and if such remote sens-
ing space system is licensed by the Secretary before com-
mencing operation. 
(d) APPLICABILITY.—This section does not apply to 
activities carried out under subchapter IV. 
(e) EFFECT ON FCC AUTHORITY.—Nothing in this 
subchapter shall affect the authority of the Federal Com-
munications Commission pursuant to the Communications 
Act of 1934 (47 U.S.C. 151 et seq.).
146 
SUBCHAPTER IV—RESEARCH, DEVELOPMENT, 
AND DEMONSTRATION 
§ 1131. Continued Federal research and development 
(a) ROLES OF ADMINISTRATION AND DEPARTMENT 
OF DEFENSE.— 
(1) IN GENERAL.—The Administrator and the 
Secretary of Defense are directed to continue and to 
enhance programs of remote sensing research and 
development. 
(2) ADMINISTRATION ACTIVITIES AUTHORIZED 
AND ENCOURAGED.—The Administrator is author-
ized and encouraged to— 
(A) conduct experimental space remote 
sensing programs (including applications dem-
onstration programs and basic research at uni-
versities); 
(B) develop remote sensing technologies 
and techniques, including those needed for mon-
itoring the Earth and its environment; and 
(C) conduct such research and develop-
ment in cooperation with other United States 
Government agencies and with public and pri-
vate research entities (including private indus-
try, universities, non-profit organizations, State 
and local governments, foreign governments,
147 
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 GENERAL.—In order to enhance the abil-
ity of the United States to manage and utilize its re-
newable 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 re-
mote sensing using funds appropriated for such pur-
poses. 
(2) ACTIVITIES
THAT
MAY
BE
INCLUDED.— 
Such programs may include basic research at univer-
sities, demonstrations of applications, and coopera-
tive 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.
148 
§ 1132. Availability of federally gathered unenhanced 
data 
(a) IN GENERAL.—All unenhanced land remote sens-
ing data gathered and owned by the United States Gov-
ernment, including unenhanced data gathered under the 
technology demonstration program carried out pursuant 
to section 1133 of this title, shall be made available to 
users in a timely fashion. 
(b) PROTECTION
FOR
COMMERCIAL
DATA
DIS-
TRIBUTOR.—The President shall seek to ensure that 
unenhanced data gathered under the technology dem-
onstration program carried out pursuant to section 1133 
of this title shall, to the extent practicable, be made avail-
able on terms that would not adversely affect the commer-
cial market for unenhanced data gathered by the Landsat 
6 spacecraft. 
§ 1133. Technology demonstration program 
(a) ESTABLISHMENT.—As a fundamental component 
of a national land remote sensing strategy, the President 
shall establish, through appropriate United States Govern-
ment agencies, a technology demonstration program. The 
goals of the program shall be to— 
(1) seek to launch advanced land remote sens-
ing system components within 5 years after October 
28, 1992;
149 
(2) demonstrate within such 5-year period ad-
vanced sensor capabilities suitable for use in the an-
ticipated 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 tech-
nology demonstration and can be declassified for such pur-
poses without causing adverse harm to United States na-
tional security interests. 
(c) BROAD APPLICATION.—To the greatest extent 
practicable, the technology demonstration program estab-
lished under subsection (a) shall be designed to be respon-
sive to the broad civilian, national security, commercial, 
and foreign policy needs of the United States.