Land Remote Sensing Commercialization Act of 1984
PL 98-365 (H.R.5155), enacted 07/17/1984

PUBLIC LAW 98-365—JULY 17, 1984 
98 STAT. 451 
Public Law 98-365 
98th Congress 
An Act 
To establish a system to promote the use of land remote-sensing satellite data, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
be cited as the "Land Remot&Sensing Commercialization Act of 
1984". 
TITLE I—DECLARATION OF FINDINGS, PURPOSES, AND 
POLICIES 
FINDINGS 
July 17, 1984 
[H.R. 5155] 
Land Remote-
Sensing 
Commercializa-
tion Act of 1984. 
Communications 
and tele-
communications. 
15 u s e 4201 
note. 
Congress. 
15 u s e 4201. 
Defense and 
national 
security. 
SEC. 101. The Congress Hnds and declares that— 
(1) the continuous civilian collection and utilization of land 
remote-sensing data from space are of major benefit in manag-
ing the Earth^ natural resources and in planning and conduct-
ing many other activities of economic importance; 
(2) the Federal Grovernment's experimental Landsat system Landsat system. 
has established the United States as the world leader in land 
remote-sensing technology; 
(3) the national interest of the United States lies in maintain-
ing international leadership in civil remote sensing and in 
broadly promoting the beneficial use of remote-sensing data; 
(4) land remote sensing by the Government or private parties 
of the United States affects internationed commitments and 
policies and national security concerns of the United States; 
(5) the broadest and most beneficial use of land remote-
sensing data will result from maintaining a policy of nondis-
criminatory access to data; 
(6) competitive, market-driven private sector involvement in 
land remote sensing is in the national interest of the United 
States; 
(7) use of land remote-sensing data has been inhibited by slow 
market development and by the lack of assurance of data 
continuity; 
(8) the private sector, and in particular the "value-added" 
industry, is best suited to develop land remote-sensing data 
markets; 
(9) there is doubt that the private sector alone can currently 
develop a total land remote-sensing system because of the high 
risk and large capital expenditure involved; 
(10) cooperation between the Federal Government and private 
industry can help assure both data continuity and United States 
leadership; 
(11) the time is now appropriate to initiate such cooperation 
with phased transition to a fully commercial system; 
(12) such cooperation should be structured to involve the 
minimum practicable amount of support and regulation by the 
98 STAT. 452 
PUBLIC LAW 98-365—JULY 17, 1984 
15 u s e 4202. 
Defense and 
national 
security. 
15 u s e 4203. 
Defense and 
national 
security. 
Federal Government and the maximum practicable amount of 
competition by the private sector, while assuring continuous 
availability to the Federal Government of land remote-sensing 
data; 
(13) certain Government oversight must be maintained to 
assure that private sector activities are in the national interest 
and that the international commitments and policies of the 
United States are honored; and 
(14) there is no compelling reason to commercialize meteoro-
logical satellites at this time. 
,,^, ,^ ;:^.,,^ „ ^, 
PURPOSES 
SEC. 102. The purposes of this Act are to— ' 
(1) guide the Federal Government in achieving proper 
involvement of the private sector by providing a framework for 
phased commercialization of land remote sensing and by assur-
ing continuous data availability to the Federal Government; 
(2) maintain the United States worldwide leadership in civil 
remote sensing, preserve its nationeil security, and fulfill its 
international obligations; 
(3) minimize the duration and amount of further Federal 
investment necessary to assure data continuity while achieving 
commercialization of civil land remote sensing; 
(4) provide for a comprehensive civilian program of research, 
development, and demonstration to enhance both the United 
States capabilities for remote sensing from space and the appli-
cation and utilization of such capabilities; and 
(5) prohibit commercialization of meteorological satellites at 
this time. 
POUCIES 
' 
SEC. 103. (a) It shall be the policy of the United States to preserve 
its right to acquire and disseminate unenhanced remote-sensing 
data. 
(b) It shall be the policy of the United States that civilian unen-
hanced remote-sensing data be made available to all potential users 
on a nondiscriminatory basis and in a manner consistent with 
applicable antitrust laws. 
(c) It shall be the policy of the United States both to commercialize 
those remote-s6nsing space systems that properly lend themselves to 
private sector operation and to avoid competition by the Govern-
ment with such commercial operations, while continuing to preserve 
our national security, to honor our international obligations, and to 
retain in the Government those remote-sensing functions that are 
essentially of a public service nature. 
DEFINITIONS - ^ i '^^ 
; 
15 use 4204. 
SEC. 104. For purposes of this Act: 
(1) The term "Landsat system" means Landsats 1, 2, 3, 4, and 
5, and any related ground equipment, systems, and facilities, 
and any successor civil land remote-sensing space systems oper-
ated by the United States Government prior to the commence-
ment of the six-year period described in title III. 
(2) The term "Secretary" means the Secretarv of Commerce. 
PUBLIC LAW 98-365—JULY 17, 1984 
98 STAT. 453 
(3XA) The term "nondiscriminatory basis" means without 
preference, bias, or any other special arrangement (except on 
the basis of national security concerns pursuant to section 607) 
regarding delivery, format, financing, or technical consider-
ations which would favor one buyer or class of buyers over 
another. 
' 
"' 
(B) The sale of data is made on a nondiscriminatory basis only 
if (i) any offer to sell or deliver data is published in advance in 
such manner as will ensure that the offer is equally available to 
all prospective buyers; (ii) the system operator has not estab-
lished or changed any price, policy, procedure, or other term or 
condition in a manner which gives one buyer or class of buyer 
de facto favored access to data; (iii) the system operator does not 
make unenhanced data available to any purchaser on an exclu-
sive basis; and (iv) in a case where a system operator offers 
volume discounts, such discounts are no greater than the 
demonstrable reductions in the cost of volume sales. The sale of 
data on a nondiscriminatory basis does not preclude the system 
operator from offering discounts other than volume discounts to 
the extent that such discounts are consistent with the provi-
sions of this paragraph. 
(C) The sale of data on a nondiscriminatory basis does not 
require (i) that a system operator disclose names of buyers or 
their purchases; (ii) that a system operator maintain all, or any 
particular subset of, data in a working inventory; or (iii) that a 
system operator expend equal effort in developing all segments 
of a market. 
(4) The term "unenhanced data" means unprocessed or mini-
mally processed signals or film products collected from civil 
remote-sensing space systems. Such minimal processing may 
include rectification of distortions, registration with respect to 
features of the Earth, and calibration of spectral response. Such 
minimal processing does not include conclusions, manipula-
tions, or calculations derived from such signals or film products 
t«;«i^.H/j 
or combination of the signals or film products with other data or 
information. 
(5) The term "system operator" means a contractor under 
title II or title III or a license holder under title IV. 
TITLE II—OPERATION AND DATA MARKETING OF LANDSAT 
SYSTEM 
OPERATION 
SEC. 201. (a) The Secretary shall be responsible for— 
15 use 42ii. 
(1) the Landsat system, including the orbit, operation, and 
disposition of Landsats 1, 2,3,4, and 5; and 
(2) provision of data to foreign ground stations under the 
terms of agreements between the United States Government 
and nations that operate such ground stations which are in 
force on the date of commencement of the contract awarded 
pursuant to this title. 
(b) The provisions of this section shall not affect the Secretary's 
authority to contract for the operation of part or all of the Landsat 
"•' ^ 
system, so long as the United States Government retains— 
(1) ownership of such system; 
(2) ownership of the unenhanced data; and 
98 STAT. 454 
PUBLIC LAW 98-365—JULY 17, 1984 
(3) authority to make decisions concerning operation of the 
system. 
CONTRACT FOR MARKETING OF UNENHANCED DATA 
15 use 4212. 
SEC. 202. (a) In accordance with the requirements of this title, the 
Secretary, by means of a competitive process and to the extent 
provided in advance by appropriation Acts, shall contract with a 
United States private sector party (as defined by the Secretary) for 
the marketing of unenhanced data collected by the Landsat system. 
Any such contract— 
(1) shall provide that the contractor set the prices of unen-
hanced data; 
(2) may provide for financial arrangements between the Sec-
retary and the contractor including fees for operating the 
system, payments by the contractor as an initial fee or as a 
percentage of sales receipts, or other such considerations; 
(3) shall provide that the contractor will offer to sell and 
deliver unenhanced data to all potential buyers on a nondis-
criminatory basis; 
(4) shall provide that the contractor pay to the United States 
Government the full purchase price of any unenhanced data 
that the contractor elects to utilize for purposes other than sale; 
(5) shall be entered into by the Secretary only if the Secretary 
has determined that such contract is likely to result in net cost 
savings for the United States Government; and 
(6) may be reawarded competitively after the practical demise 
of the space segment of the Landsat system, as determined by 
the Secretary. 
0)) Any contract authorized by subsection (a) may specify that the 
contractor use, and, at his own expense, maintain, repair, or modify, 
such elements of the Landsat system as the contractor finds neces-
sary for commercial operations. 
Congress. 
(c) Any decision or proposed decision by the Secretary to enter 
into any such contract shall be transmitted to the Committee on 
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Science and Technology of the House of Representatives 
for their review. No such decision or proposed decision shall be 
implemented unless (A) a period of thirty calendar days has passed 
after the receipt by each such committee of such transmittal, or (B) 
each such committee before the expiration of such period has agreed 
to transmit and has transmitted to the Secretary written notice to 
the effect that such committee has no objection to the decision or 
proposed decision. As part of the transmittal, the Secretary shall 
include information on the terms of the contract described in subsec-
tion (a). 
(d) In defining "United States private sector party" for purposes of 
this Act, the Secretary may take into account the citizenship of key 
personnel, location of assets, foreign ownership, control, influence, 
and other such factors. 
CONDITIONS OF COMPETITION FOR CONTRACT 
15 use 4213. 
SEC. 203. (a) The Secretary shall, as part of the advertisement for 
the competition for the contract authorized by section 202, identify 
and publish the international obligations, national security concerns 
(with appropriate protection of sensitive information), domestic 
'ia'j 
PUBLIC LAW 98-365—JULY 17, 1984 
98 STAT. 455 
legal considerations, and any other standards or conditions which a 
private contractor shall be required to meet. 
(b) In selecting a contractor under this title, the Secretary shall 
consider— 
(1) ability to market aggressively unenhanced data; 
(2) the best overall financial return to the Government, 
including the potential cost savings to the Government that are 
likely to result fi*om the contract; 
(3) ability to meet the obligations, concerns, considerations, 
standards, and conditions identified under subsection (a); 
(4) technical competence, including the ability to assure con-
tinuous and timely delivery of data fi*om the Landsat system; 
(5) ability to effect a smooth transition with the contractor 
selected under title III; and 
(6) such other factors as the Secretary deems appropriate and 
relevant. 
(c) If, as a result of the competitive process required by section 
Report. 
202(a), the Secretary receives no proposal which is acceptable under 
the provisions of this title, the Secretary shall so certify and fully 
report such finding to the Congress. As soon as practicable but not 
later than thirty days after so certifying and reporting, the Secre-
tary shall reopen the competitive process. The period for the subse-
quent competitive process shall not exceed one hundred and twenty 
days. If, after such subsequent competitive process, the Secretary 
receives no proposal which is acceptable under the provisions of this 
title, the Secretary shall so certify and fully report such finding to 
the Congress. In the event that no acceptable proposal is received, 
the Secretary shall continue to market data from the Landsat 
system. 
(d) A contract awarded under section 202 may, in the discretion of 
the Secretary, be combined with the contract required by title III, 
pursuant to section 304(b). 
SALE OF DATA 
SEC. 204. (a) After the date of the commencement of the contract 
15 USC 4214. 
described in section 202(a), the contractor shall be entitled to reve-
nues from sales of copies of data from the Landsat system, subject to 
the conditions specified in sections 601 and 602. 
(b) The contractor may continue to market data previously gener-
ated by the Landsat system after the demise of the space segment of 
that system. 
FOREIGN GROUND STATIONS 
SEC. 205. (a) The contract under this title shall provide that the 
15 USC 4215. 
contractor shall act as the agent of the Secretary by continuing to 
supply unenhanced data to foreign ground stations for the life, and 
according to the terms, of those agreements between the United 
States Government and such foreign ground stations that are in 
force on the date of the commencement of the contract. 
(b) Upon the expiration of such agreements, or in the case of 
foreign ground stations that have no agreement with the United 
States on the date of commencement of the contract, the contract 
shall provide— 
i; ::S-j 
98 STAT. 456 
PUBLIC LAW 98-365—JULY 17, 1984 
(1) that unenhanced data from the Landsat system shall be 
made available to foreign ground stations only by the contrac-
tor; and 
(2) that such data shall be made available on a nondiscrimina-
tory basis. 
TITLE III—PROVISION OF DATA CONTINUITY AFTER THE 
LANDSAT SYSTEM 
15 u s e 4221. 
Contracts with 
U.S. 
15 u s e 4222. 
PURPOSES AND DEFINITION 
SEC. 301. (a) It is the purpose of this title— 
(1) to provide, in an orderly manner and with minimal risk, 
for a transition from (Government operation to private, commer-
cial operation of civil land remote-sensing systems; and 
(2) to provide data continuity for six years after the practical 
demise of the space segment of the Landsat system. 
(b) For purposes of this title, the term "data continuity" means 
the continued availability of unenhanced data— 
(1) including data which are from the point of view of a data 
user— 
(A) functionally equivalent to the multispectral data gen-
erated by the Landsat 1 and 2 satellites; and 
(B) compatible with such data and with equipment used 
to receive and process such data; and 
(2) at an annual volume at least equal to the Federal usage 
during fiscal year 1983. 
(c) Data continuity may be provided using whatever technologies 
are available. 
DATA CONTINUITY AND AVAILABILITY 
SEC. 302. The Secretary shall solicit proposals from United States 
private sector parties (as defined by the Secretary pursuant to 
section 202) for a contract for the development and operation of a 
remote-sensing space system capable of providing data continuity 
for a period of six years and for marketing unenhanced data in 
accordance with the provisions of sections 601 and 602. Such propos-
als, at a minimum, shall specify— 
(1) the quantities and qualities of unenhanced data expected 
from the system; 
(2) the projected date upon which operations could begin; 
(3) the number of satellites to be constructed and their 
expected lifetimes; 
(4) any need for Federal funding to develop the system; 
(5) any percentage of sales receipts or other returns offered to 
the Federal Government; 
(6) plans for expanding the market for land remote-sensing 
data; and 
(7) the proposed procedures for meeting the national security 
concerns and international obligations of the United States in 
accordance with section 607. 
AWARDING OF THE CONTRACT 
15 use 4223. 
SEC. 303. (a)(1) In accordance with the requirements of this title, 
the Secretary shall evaluate the proposals described in section 302 
and, by means of a competitive process and to the extent provided in 
PUBLIC LAW 98-365—JULY 17, 1984 
98 STAT. 457 
advance by appropriation Acts, shall contract with the United 
States private sector party for the capability of providing data 
continuity for a period of six years and for marketing unenhanced 
data. 
(2) Before commencing space operations the contractor shall 
obtain a license under title IV. 
(b) As part of the evaluation described in subsection (a), the 
Secretary shall analyze the expected outcome of each proposal in 
terms o
f
— 
(1) the net cost to the Federal Government of developing the 
recommended system; 
(2) the technical competence and financial condition of the 
contractor; 
(3) the availability of such data after the expected termination 
of the Landsat system; 
^ 
(4) the quantities and qualities of data to be generated by the 
recommended system; 
(5) the contractor's ability to supplement the requirement for 
data'continuity by adding, at the contractor's expense, remote-
sensing capabilities which maintain United States leadership in 
remote sensing; 
(6) the potential to expand the market for data; 
(7) expected returns to the Federal Government based on any 
percentage of data sales or other such financial consideration 
offered to the Federal Government in accordance with section 
305; 
(8) the commercial viability of the proposal; 
(9) the proposed procedures for satisfying the national secur-
ity concerns and international obligations of the United States; 
(10) the contractor's ability to effect a smooth transition with 
any contractor selected under title II; and 
(11) such other factors as the Secretary deems appropriate 
and relevant. 
(c) Any decision or proposed decision by the Secretary to enter Congress. 
into any such contract shall be transmitted to the C!ommittee on 
C!ommerce, Science, and Transportation of the Senate and the Com-
mittee on Science and Technology of the House of Representatives 
for their review. No such decision or proposed decision shall be 
implemented unless (1) a period of thirty calendar days has passed 
after the receipt by each such committee of such transmittal, or (2) 
each such committee before the expiration of such period has agreed 
to transmit and has transmitted to the Secretary written notice to 
the effect that such committee has no objection to the decision or 
proposed decision. As part of the transmittal, the Secretary shall 
include the information specified in subsection (a). 
(d) If, as a result of the competitive process required by this Report. 
section, the Secretary receives no proposal which is acceptable 
under the provisions of this title, the Secretary shall so certify and 
fully report such finding to the Congress. As soon as practicable but 
not later than thirty days after so certifjdng and reporting, the 
Secretary shall reopen the competitive process. The period for the 
subsequent competitive process shall not exceed one hundred and 
eighty days. If, after such subsequent competitive process, the Secre-
tary receives no proposal which is acceptable under the provisions of 
this title, the Secretary shall so certify and fully report such finding 
to the Congress. Not earlier than ninety days after such certification 
and report, the Secretary may assure data continuity by procure-
98 STAT. 458 
PUBLIC LAW 98-365—JULY 17, 1984 
ment and operation by the Federal Government of the necessary 
systems, to the extent provided in advance by appropriation Acts. 
TERMS OF CONTRACT 
15 use 4224. 
SEC. 304. (a) Any contract entered into pursuant to this title— 
(1) shall be entered into as soon as practicable, allowing for 
the competitive procurement process required by this title; 
(2) shall, in accordance with criteria determined and pub-
lished by the Secretary, reasonably assure data continuity for a 
period of six years, beginning as soon as practicable in order to 
minimize any interruption of data availability; 
(3) shall provide that the contractor will offer to sell and 
deliver unenhanced data to edl potential buyers on a nondis-
criminatory basis; 
(4) shall not provide a guarantee of data purchases from the 
contractor by the Federal Government; 
(5) may provide that the contractor utilize, on a space-avail-
able basis, a civilian United States Government satellite or 
vehicle as a platform for a civil land remote-sensing space 
system, i
f
— 
(A) the contractor agrees to reimburse the Government 
immediately 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 
(B) such utilization would not interfere with or otherwise 
compromise intended civilian Government missions, as de-
termined by the agency responsible for the civilian plat-
form; and 
(6) may provide financial support by the United States Gov-
ernment, for a portion of the capital costs required to provide 
data continuity for a period of six years, in the form of loans, 
loan guarantees, or pa5mients pursuant to section 305 of the 
Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 255). 
(b)(1) Without regard to whether any contract entered into under 
this title is combined with a contract under title II, the Secretary 
shall promptly determine whether the contract entered into under 
this title reasonably effectuates the purposes and policies of title II. 
Such determination shall be submitted to the President and the 
Congress, together with a full statement of the basis for such 
determination. 
(2) If the Secretary determines that such contract does not reason-
ably effectuate the requirements of title II, the Secretary shall 
promptly carry out the provisions of such title to the extent pro-
vided in advance in appropriations Acts. 
MARKETING 
15 use 4225. 
SEC. 305. (a) In order to promote aggressive marketing of land 
remote-sensing data, any contract entered into pursuant to this title 
may provide that the percentage of sales paid by the contractor to 
the Federal Government shall decrease according to stipulated in-
creases in sales levels. 
(b) After the six-year period described in section 304(aK2), the 
contractor may continue to sell data. If licensed under title IV, the 
PUBLIC LAW 98-365—JULY 17, 1984 
98 STAT. 459 
contractor may continue to operate a civil remote-sensing space 
system. 
REPORT 
SEC. 306. Two years after the date of the commencement of the 15 use 4226. 
six-year period described in section 304(aX2), the Secretary shall 
report to the President and to the C!ongress on the progress of the 
transition to fully private financing, ownership, and operation of 
remote-sensing space systems, together with any recommendations 
for actions, including actions necessary to ensure United States 
leadership in civilian land remote sensing from space. 
TERMINATION OF AUTHORITY 
SEC. 307. The authority granted to the Secretary by this title shall 
15 use 4227. 
terminate ten years after the date of enactment of tms Act. 
TITLE IV—LICENSING OF PRIVATE REMOTE-SENSING 
^ 
SPACE SYSTEMS 
I-
GENERAL AUTHORITY 
SEC. 401. (aXD In consultation with other appropriate Federal 
15 use 4241. 
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) No license shall be granted by the Secretary unless the Secre-
tary 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 secu-
rity concerns of the United States. 
(c) The Secretary shall review any application and make a deter-
mination thereon within one hundred and twenty days of the 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) The Secretary shall not deny such license in order to protect 
any existing licensee from competition. 
_ f 
CONDITIONS FOR OPERATION 
SEC. 402. (a) No person who is subject to the jurisdiction or control 
is use 4242. 
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 401. 
(b) Any license issued pursuant to this title shall specify, at a 
minimum, that the licensee shall comply with all of the require-
ments of this Act and shall— 
(1) operate the system in such manner as to preserve and Defense and 
promote the national security of the United States and to national 
observe and implement the mternational obligations of the ^^^^^^ y-
United Stetes in accordance with section 607; 
.efeSi^,''>ey'«! 
98 STAT. 460 
PUBLIC LAW 98-365—JULY 17, 1984 
(2) make unenhanced data available to all potential users on a 
nondiscriminatory basis; 
(3) upon termination of operations under the license, make 
disposition of any satellites in space in a manner satisfactory to 
the President; 
(4) promptly make available all unenhanced data which the 
Secretary may request pursuant to section 602; 
(5) furnish the Secretary with complete orbit and data collec-
tion characteristics of the system, obtain advance approval of 
any intended deviation from such characteristics, and inform 
the Secretary immediately of any unintended deviation; 
(6) notify the Secretary of any agreement the licensee intends 
to enter with a foreign nation, entity, or consortium involving 
foreign nations or entities; 
(7) permit the inspection by the Secretary of the licensee's 
equipment, facilities, and financial records; 
(8) surrender the license and terminate operations upon noti-
fication by the Secretary pursuant to section 403(aXl); and 
(9XA) notify the Secretary of any "value added" activities (as 
defined by the Secretary by regulation) that will be conducted 
by the licensee or by a subsidiary or affiliate; and 
(B) if such activities are to be conducted, provide the Secre-
tary with a pl£m for compliance with the provisions of this Act 
concerning nondiscriminatory access. 
ADMINISTRATIVE AUTHORITY OF THE SECRETARY 
15 use 4243. 
SEC. 403. (a) In order to carry out the responsibilities specified in 
this title, the Secretary may— 
(1) grant, terminate, modify, condition, transfer, or suspend 
licenses under this title, and upon notification of the licensee 
may terminate licensed operations on an immediate basis, if the 
Secretary determines that the licensee has substantially failed 
to comply with any provision of this Act, with any regulation 
issued under this Act, with any terms, conditions, or restrictions 
of such license, or with any international obligations or national 
security concerns of the United States; 
(2) inspect the equipment, facilities, or financial records of 
any licensee under this title; 
(3) provide penalties for noncompliance with the require-
ments of licenses or regulations issued under this title, includ-
ing 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 subpenas 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 where there is 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 concern-
ing any matter relating to the enforcement of this Act. 
(b) Any applicant or licensee who makes a timely request for 
review of an adverse action pursuant to subsection (a)(1), (aX3), or 
PUBLIC LAW 98-365—JULY 17, 1984 
98 STAT. 461 
(aX6) shall be entitled to adjudication by the Secretary on the record 
after an opportunity for an agency hearing with respect to such 
adverse action. Any final action by the Secretary under this subsec-
tion shall be subject to judicial review under chapter 7 of title 5, 
United States Code. 
5 U
S
C 701 et seq. 
REGULATORY AUTHORITY OF THE SECRETARY 
SEC. 404. The Secretary may issue regulations to carry out the 15 U
S
C 4244. 
provisions of 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. 
AGENCY ACTIVITIES 
SEC. 405. (a) A private sector party may apply for a license to 15 use 4245. 
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 
the authorities of this title, may license such system if it meets all 
conditions of this title and— 
(1) the system operator agrees to reimburse the Grovemment 
immediately 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 utilization would not interfere with or otherwise 
compromise intended civilian Government missions, as deter-
mined by the agency responsible for such civilian platform. 
(b) The Secretary may offer assistance to private sector parties in 
finding appropriate opportunities for such utilization. 
(c) To the extent provided in advance by appropriation Acts, any 
Federal agency may enter into agreements for such utilization if 
such agreements are consistent with such agency's mission and 
statutory authority, and if such remote-sensing space system is 
licensed by the Secretary before commencing operation. 
(d) The provisions of this section do not apply to activities carried 
out under title V. 
(e) Nothing in this title shall affect the authority of the Federal 
Communications Commission pursuant to the Communications Act 
of 1934, as amended (47 U.S.C. 151 et seq.). 
47 use 609. 
TERMINATION 
:CH|(3^S 
SEC. 406. If, five years after the expiration of the six-year period 15 use 4246. 
described in section 304(aX2), no private sector party has been 
licensed and continued in operation under the provisions of this 
title, the authority of this title shall terminate. 
TITLE V—RESEARCH AND DEVELOPMENT 
CONTINUED FEDERAL RESEARCH AND DEVELOPMENT 
SEC. 501. (aXD The Administrator of the National Aeronautics and 15 use 4261. 
Space Administration is directed to continue and to enhance 
such Administration's programs of remote-sensing research and 
development. 
(2) The Administrator is authorized and encouraged to— 
98 STAT. 462 
PUBLIC LAW 98-365—JULY 17, 1984 
(A) conduct experimental space remote-sensing programs 
(including applications demonstration programs and basic 
research at universities); 
(B) develop remote-sensing technologies and techniques, 
including those needed for monitoring the Earth and its environ-
•' 
^ 
ment;and 
(C) conduct such research and development in cooperation 
with other Federal agencies and with public and private 
research entities (including private industry, universities, State 
and local governments, foreign governments, and international 
organizations) and to enter into arrangements (including joint 
ventures) which will foster such cooperation. 
(bXl) The Secretary is directed to conduct a continuing program 
o
f
— 
(A) research in applications of remote-sensing; 
(B) monitoring of the Earth and its environment; and 
(C) development of technology for such monitoring. 
(2) Such program may include support of basic research at univer-
sities and demonstrations of applications. 
(3) The Secretary is authorized and encouraged to conduct such 
research, monitoring, and development in cooperation with other 
Federal agencies and with public and private research entities 
(including private industry, universities. State and local govern-
ments, foreign governments, and international organizations) and to 
enter into arrangements (including joint ventures) which will foster 
such cooperation. 
(c)(1) In order to enhance the United States ability 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 
applications 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. 
(d) Other Federal agencies are authorized and encouraged to 
conduct research and development on the use of remote sensing in 
fulfillment of their authorized missions, using funds appropriated 
for such purposes. 
Report. 
(e) The Secretary and the Administrator of the National Aeronau-
tics and Space Administration shall, within one year after the date 
of enactment of this Act and biennially thereafter, jointly develop 
and transmit to the C!ongress a report which includes (1) a unified 
national plem for remote-sensing research and development applied 
to the Earth and its atmosphere; (2) a compilation of progress in the 
relevant ongoing research and development activities of the Federal 
agencies; and (3) an assessment of the state of our knowledge of the 
Earth and its atmosphere, the needs for additional research (includ-
ing research related to operational Federal remote-sensing space 
programs), and opportunities available for further progress. 
USE OF EXPERIMENTAL DATA 
15 use 4262. 
SEC. 502. Data gathered in Federal experimental remote-sensing 
space programs may be used in related research and development 
programs funded by the Federal Government (including applications 
PUBLIC LAW 98-365—JULY 17, 1984 
98 STAT. 463 
programs) and cooperative research programs, but not for commer-
cial uses or in competition with private sector activities, except 
pursuant to section 503. 
SALE OF EXPERIMENTAL DATA 
SEC. 503. Data gathered in Federal experimental remote-sensing 15 use 4263. 
space programs may be sold en bloc through a competitive process 
(consistent with national security interests and international obliga-
tions of the United States and in accordance with section 607) to any 
United States entity which will market the data on a nondiscrimina-
tory basis. 
TITLE VI—GENERAL PROVISIONS 
' .Hi isn's&ifi 
NONDISCRIMINATORY DATA AVAILABILITY 
SEC. 601. (a) Any unenhanced data generated by any system Public 
operator under the provisions of this Act shall be made available to il^{jsc^l%'i 
all users on a nondiscriminatory basis in accordance with the 
requirements of this Act. 
(b) Any system operator shall make publicly available the prices, 
policies, procedures, and other terms and conditions Ot)ut, in accord-
ance with section 104(3)(C), not necessarily the names of buyers or 
their purchases) upon which the operator will sell such data. 
ARCHIVING OF DATA 
SEC. 602. (a) It is in the public interest for the United States is use 4272. 
Government— 
(1) to maintain an archive of land remote-sensing data for 
historical, scientific, and technical purposes, including long-
term global environmental monitoring; 
(2) to control the content and scope of the archive; and 
(3) to assure the quality, integrity, and continuity of the 
archive. 
(b) The Secretary shall provide for long-term storage, mainte- 
; .» .a 
nance, and upgrading of a basic, global, land remote-sensing data set 
(hereinafter referred to as the "basic data set") and shall follow 
reasonable archival practices to assure proper storage and preserva-
tion of the basic data set and timely access for parties requesting 
data. The basic data set which the Secretary assembles in the 
.,,^ ^, , 
Government archive shall remain distinct from any inventory of 
'^* ^ 
data which a system operator may maintain for sales and for other 
purposes. 
(c) In determining the initial content of, or in upgrading, the basic 
data set, the Secretary shall— 
(1) use as a baseline the data archived on the date of enact-
ment of this Act; 
(2) take into account future technical and scientific develop- 
': ;v; 
ments and needs; 
(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; 
98 STAT. 464 
PUBLIC LAW 98-365—JULY 17, 1984 
Marketing. 
Public 
availability. 
(5) include, as the Secretary considers appropriate, unen-
hanced data generated either by the Landsat system, pursuant 
to title III, or by licensees under title IV; 
(6) include, as the Secretary considers appropriate, data col-
lected 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 607. 
(d) Subject to the availability of appropriations, the Secretary 
shall request data needed for the basic data set and pay to the 
providing system operator reasonable costs for reproduction and 
transmission. A system operator shall promptly make requested 
data available in a form suitable for processing for archiving. 
(e) Any system operator shall have the exclusive right to sell all 
data that the operator provides to the United States remote-sensing 
data archive for a period to be determined by the Secretary but not 
to exceed ten years from the date the data are sensed. In the case of 
data generated from the Landsat system prior to the implementa-
tion of the contract described in section 202(a), any contractor 
selected pursuant to section 202 shall have the exclusive right to 
market such data on behalf of the United States Government for the 
duration of such contract. A system operator may relinquish the 
exclusive right and consent to distribution from the archive before 
the period of exclusive right has expired by terminating the offer to 
sell particular data. 
(f) After the expiration of such exclusive right to sell, or after 
relinquishment of such right, the data provided to the United States 
remote-sensing data archive shall be in the public domain and shall 
be made available to requesting parties by the Secretary at prices 
reflecting reasonable costs of reproduction and transmittal. 
(g) In carrying out the functions of this section, the Secretary 
shall, to the extent practicable and as provided in advance by 
appropriation Acts, use existing Government facilities. 
NONREPRODUCTION 
15 use 4273. 
SEC. 603. Unenhanced data distributed by any system operator 
under the provisions of this Act may be sold on the condition that 
such data will not be reproduced or disseminated by the purchaser. 
REIMBURSEMENT FOR ASSISTANCE 
15 use 4274. 
SEC. 604. The Administrator of the National Aeronautics and 
Space Administration, the Secretary of Defense and the heads of 
other Federal agencies may provide assistance to system operators 
under the provisions of this Act. Substantial assistance shall be 
reimbursed by the operator, except as otherwise provided by law. 
ACQUISITION OF EQUIPMENT 
15 use 4275. 
SEC. 605. The Secretary may, by means of a competitive process, 
allow a licensee under title IV or any other private party to buy, 
lease, or otherwise acquire the use of 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 Federal civilian agencies are authorized and encouraged to 
cooperate with the Secretary in carrying out the provisions of this 
section. 
PUBLIC LAW 98-365—JULY 17, 1984 
98 STAT. 465 
RADIO FREQUENCY ALLOCATION 
President of U.S. 
15 u s e 4276. 
SEC. 606. (a) Within thirty days after the date of enactment of this 
Act, the President (or the President's delegee, if any, with authority 
over the assignment of frequencies to radio stations or classes of 
radio stations operated by the United States) shall make available 
for nongovernmental use spectrum presently allocated to Grovern-
ment use, for use by United States Landsat and commercial remote-
sensing space systems. The spectrum to be so made available shall 
conform to any applicable international radio or wire treaty or 
convention, or regulations annexed thereto. Within ninety days 
thereafter, the Federal Communications Commission shall utilize 
appropriate procedures to authorize the use of such spectrum for 
nongovernmental use. Nothing in this section shall preclude the 
ability of the Commission to allocate additional spectrum to com-
mercial land remote-sensing space satellite system use. 
(b) To the extent required by the Communications Act of 1934, as 
amended (47 U.S.C. 151 et seq.), an application shall be filed with the 47 use 609. 
Federal Communications Commission for any radio facilities in-
volved with the commercial remote-sensing space system. 
(c) It is the intent of Congress that the Federal Communications 
Commission complete the radio licensing process under the Commu- 
' • 
nications Act of 1934, as amended (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 one hundred and twenty days of the receipt of an 
application for such licensing. If final action has not occurred within 
one hundred and twenty 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. 
(d) Authority shall not be required from the Federal Communica-
tions 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. 
(e) Frequency allocations made pursuant to this section by the 
Federal Communications Commission shall be consistent with inter-
national obligations and with the public interest. 
' - ^ - 
- ' 
CONSULTATION 
SEC. 607. (a) The Secretary shall consult with the Secretary of 
Defense on all matters under 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 Secre-
tary promptly of such conditions. 
(b)(1) The Secretary 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 condi-
tions, consistent with this Act, necessary to meet international 
obligations and policies of the United States and for notifying the 
Secretary promptly of such conditions. 
(2) Appropriate Federal agencies are authorized and encouraged 
to provide remote-sensing data, technology, and training to develop-
ing nations as a component of programs of international aid. 
Defense and 
national 
security. 
15 u s e 4277. 
98 STAT. 466 
PUBLIC LAW 98-365—JULY 17, 1984 
(3) The Secretary of State shall promptly report to the Secretary 
any instances outside the United States of discriminatory distribu-
tion of data. 
(c) If, as a result of technical modifications imposed on a system 
operator on the basis of national security concerns, the Secretary, in 
consultation with the Secretary of Defense or with other Federal 
agencies, determines that additional costs will be incurred by the 
system operator, or that past development costs (including the cost 
of capital) will not be recovered by the system operator, the Secre-
tary may require the agency or agencies requesting such technical 
modifications to reimburse the system operator for such additional 
or development costs, but not for anticipated profits. Reimburse-
ments may cover costs associated with required changes in system 
performance, but not costs ordinarily associated with doing business 
abroad. 
AMENDMENT TO NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
AUTHORIZATION, 1983 
SEC. 608. Subsection (a) of section 201 of the National Aeronautics 
and Space Administration Authorization Act, 1983 (Public Law 97-
15 use 1
5
1
7 
324; 96 Stat. 1601) is amended to read as follows: 
^°^- 
(a) The Secretary of Commerce is authorized to plan and provide 
for the management and operation of civil remote-sensing space 
systems, which may include the Landsat 4 and 5 satellites and 
associated ground system equipment transferred from the National 
Aeronautics and Space Administration; to provide for user fees; and 
to plan for the transfer of the operation of civil remote-sensing space 
systems to the private sector when in the national interest.". 
AUTHORIZATION OF APPROPRIATIONS 
15 use 4278. 
SEC. 609. (a) There are authorized to be appropriated to the 
Secretary $75,000,000 for fiscal year 1985 for the purpose of carrying 
out the provisions of this Act. Such sums shall remain available 
until expended, but shall not become available until the time peri-
ods specified in sections 202(c) and 303(c) have expired. 
(b) The authorization provided for under subsection (a) shall be in 
addition to moneys authorized pursuant to title II of the National 
15 use 1517 
Aeronautics and Space Administration Authorization Act, 1983. 
note. 
TITLE VII—PROHIBITION OF COMMERCIALIZATION OF 
WEATHER SATELLITES 
PROHIBITION 
President of U.S. 
SEC. 701. Neither the President nor any other official of the 
15 use 4291. 
Government shall make any effort to lease, sell, or transfer to the 
private sector, commercialize, or in any way dismantle any portion 
of the weather satellite systems operated by the Department of 
Commerce or any successor agency. 
PUBLIC LAW 98-365—JULY 17, 1984 
98 STAT. 467 
FUTURE CONSIDERATIONS 
SEC. 702. Regardless of any change in circumstances subsequent to 15 use 4292. 
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 official shall take any action prohibited by 
section 701 unless this title has first been repealed. 
" 
Approved July 17, 1984. 
LEGISLATIVE HISTORY—H.R. 5155: 
HOUSE REPORT No. 98-647 (Comm. on Science and Technology). 
SENATE REPORT No. 98-458 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Apr. 9, considered and passed House. 
June 8, considered and passed Senate, amended. 
June 28, House concurred in Senate amendment with an amendment. 
June 29, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 29 (1984): 
July 17, Presidential statement.