Land Remote Sensing Policy Act of 1992
PL 102-555 (H.R.6133), enacted 10/28/1992

PUBLIC LAW 102-555—OCT. 28, 1992 
106 STAT. 4163 
Public Law 102-555 
102d Congress 
An Act 
To enable the United States to maintain its leadership in land remote sensing 
by providing data continuity for the Landsat program, to establish a new national 
land remote sensing policy, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION. 1. SHORT TITLE. 
This Act may be cited as the Tiand Remote Sensing Policy 
Act of 1992". 
SEC. 2. FINDINGS. 
The Congress finds and declares the following: 
(1) The continuous collection and utilization of land remote 
sensing data from space are of m^or benefit in stud3dng and 
understanding human impacts on the global environment, in 
managing the Earth's natural resources, in carrying out 
national security functions, and in planning and conducting 
many other activities of scientific, economic, and social impor-
tance. 
(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 satellite 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 program to the 
United States, urgent actions, including expedited procurement 
procedures, are required to ensure data continuity. 
(6) FuU commercialization of the Landsat program cannot 
be achieved within the foreseeable future, and thus should 
not serve as the near-term goal of national policy on land 
remote sensing; however, commercialization of land remote 
sensing should remain a long-term goal of United States policy. 
(7) Despite the success and importance of the Landsat 
system, funding and organizational uncertainties over the past 
several years have placed its future in doubt and have jeopard-
ized 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 commits the United States to ensuring the continu-
ity of Landsat coverage into the 21st century. 
Oct. 28, 1992 
[H.R. 6133] 
Land Remote 
Sensing Policy 
Act of 1992. 
National 
defense. 
15 use 5601 
note. 
15 use 5601. 
106 STAT. 4164 
PUBLIC LAW 102-555—OCT. 28, 1992 
(9) Because Landsat data are particularly important for 
national security purposes and global environmental change 
resecuxh, management responsibilities for the program shomd 
be transferred from the Department of Commerce to an 
integrated program mani^ment involving the Department 
of Defense and the National Aeronautics and Space 
Administration. 
(10) Regardless of management responsibilities for the 
Landsat program, the Nation's oroad civilian, national security, 
commercial, and foreign policy interests in remote sensing will 
best be served by ensuring that Landsat remains an undassi-
fied proraram that opterates according to the principles of open 
skies euid nondiscriminatory access. 
(11) Technological advances aimed at reducing the size 
and weight of satellite systems hold the potential for dramatic 
reductions in the cost, and substantial improvements in the 
capabilities, of future land remote sensing systems, but such 
technological advances have not been demonstrated for land 
remote sensing and therefore cannot be relied upon as the 
sole means of achieving data continuity for the Landsat 
program. 
(12) A technology demonstration program involving 
advanced remote sensing technologies could serve a vital role 
in determining the design of a foUownon spacecraft to Landsat 
7, while also helping to determine whether such a spacecraft 
should be fundea by the United States Government, by the 
private sector, or by an international consortium. 
(13) To maximize the value of the Landsat program to 
the American public, unenhanced Landsat 4 through 6 data 
should be made ava^able, at a minimum, to United States 
Government agencies, to global environmental change research-
ers, and to omer resean^ers who are financially supported 
by the United States Government, at the cost of fulfilling 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 commercial market 
for imenhanced 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 dis-
tribution 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 exclusively the function of the 
private sector. 
(16) It is in the best interest of the United States to 
maintain a permanent, comprehensive Government archive of 
global Landsat and other land remote sensing data for long-
term monitoring and study of the changing global environment. 
15 use 5602. 
SEC.3.DEFINrnONa 
In this Act, the following definitions apply: 
(1) The term "Administrator^ means the Administrator of 
the National Aeronautics and Space Administration. 
(2) The term "cost of fulfilling user requests" means the 
incremental costs associated with providing product generation, 
reproduction, and distribution of unenhanced data in response 
to user requests and shall not include any acquisition, amortiza-
PUBLIC LAW 102-555—OCT. 28, 1992 
106 STAT. 4165 
tion, or depreciation of capital assets originally paid for by 
the United States Government or other costs not specifically 
attributable to fulfilling user requests. 
(3) The term "data continuity" means the continued acquisi-
tion and availability of unenhanced data which are, 
firom 
the 
point of view of Uie user— 
(A) sufficiently consistent (in terms of acquisition geom-
etry, coverage characteristics, and spectral cnaractenstics) 
wiUi 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 sudi data. 
(4) The term "data preprocessing" may include— 
(A) 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; 
(B) registration of such data with respect to features 
of the Earu; and 
(C) calibration of spectral response with respect to 
such data, but does not include conclusions, manipulations, 
or calculations derived firom such data, or a combination 
of such data with other data. 
(5) 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. 
(6) The term "Landsat Program Management" means the 
integrated program management structure— 
(A) established by, and responsible to, the Adminis-
trator and the Secretary of Defense pursuant to section 
101(a); and 
(B) consisting of appropriate officers and employees 
of the National Aeronautics and Space Administration, the 
Department of Defense, and any other United States 
(government agencies the President designates as respon-
sible for the Limdsat program. 
(7) The term "Landsat system" means Landsats 1, 2, 3, 
4, 5, and 6, and anv follow-on land remote sensing system 
operated and owned by the United States Grovemment, along 
with any related ground equipment, systems, and facilities 
owned by the United States Government. 
(8) 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. 
(9) The term "Landsat 7" means the follow-on satellite 
to Landsat 6. 
(10) The term "National Satellite Land Remote Sensing 
Data Archive" means the archive established by the Seoretary 
of the Interior pursuant to the archival responsibiUties defined 
in section 502. 
(11) The term "noncommercial purposes" refers to those 
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 conmiercial contract, development of a 
106 STAT. 4166 
PUBLIC LAW 102-555—OCT. 28, 1992 
commercial product, or any other non-United States 
Government activity that is expected, or has the potential, 
to be profitmaking; 
(B) the results of such activities are disclosed in a 
timely and complete fashion in the open technical literature 
or other metliod of public release, except when such disclo-
sure by the United States Government or its contractors 
would adversely afTect the national security or foreign pol-
icy 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. 
(12) The term "Secretary^ means the Secretary of Com-
merce. 
(13) The term "unenhanced data" means land remote sens-
"
>
> ing signals or imagery products that are unprocessed or subject 
omy to data preprocessmg. 
(14) The term 'United States Government and its afiGliated 
users" means— 
(A) United States Government agencies; 
(B) researchers involved with the United States Global 
Change Research Program and its international coimter-
part programs; and 
(C) other researchers and international entities that 
have signed with the United States Government a coopera-
tive agreement involving the use of Landsat data for non-
commercial purposes. 
SEC. 4. REPEAL OF LAND REMOTE-SENSING COMMERCIALIZATION 
ACTOF1964. 
The Land Remote-Sensing Commercialization Act of 1984 (15 
U.S.C. 4201 et seq.) is repealed. 
TITLE I—LANDSAT 
15 use 5611. 
SEC. 101. LANDSAT PROGRAM ICANAGEMENT. 
(a) ESTABUSHMENT.—The Administrator and the Secretary of 
Defense shall be responsible for management of the Landsat pro-
- a m . Such responsibility shall be carried out by establishing an 
mtegrated program management structure for the Landsat system. 
(b) MANAGEMENT Pij.<^.—The Administrator, the Secretary of 
Defense, and any other United States Government official the Presi-
dent designates as responsible for part of the Landsat program, 
shall estabUsh, through a management plan, the roles, responsibil-
ities, and funding expectations for the Landsat Program of the 
appropriate Unit^ States Government agencies. The management 
plan snail— 
(1) specify that the fundamental goal of the Landsat Pro-
gram Management is the continuity of unenhanced Landsat 
data through the acquisition and operation of a Landsat 7 
satellite as quickly as practicable which is, at a minimum, 
functionallv equivalent to the Landsat 6 satellite, with the 
addition of a traddng and data relay satellite communications 
capability; 
(2) include a baseline funding profile that— 
PUBLIC LAW 102-555—OCT. 28, 1992 
106 STAT. 4167 
(A) is mutually acceptable to the National Aeronautics 
and Space Administration and the Department of Defense 
for the period covering the development and operation of 
Landsat 7; and 
(B) provides for total funding responsibility of the 
National Aeronautics and Space Administration and the 
Department of Defense, respectively, to be approximately 
equal to the funding responsibiUty of the other as spread 
across the development and operational life of Landsat 
7; 
(3) specify that any improvements over the Landsat 6 func-
tional equivalent capability for Landsat 7 will be funded by 
a specific sponsoring agency or agencies, in a manner agreed 
to by the Landsat IVogram Management, if the required fund-
ing exceeds the baseline funding profile required by paragraph 
(2), and that additional improvements will be sought only if 
the improvements will not jeopardize data continuity; and 
(4) provide for a technology demonstration program 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 Management 
shall be responsible for— 
(1) Landsat 7 procurement, launch, and operations; 
(2) ensuring that the operation oi the Landsat system 
is responsive to the broad interests of the civilian, 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 section 506 (a) 
and (b), no restrictions are placed on the availability of 
imenhanced 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, as established in the Global Change Research Act 
of 1990, and to meet the needs of national security users; 
(5) Landsat data responsibilities pursuant to this Act; 
(6) oversight of Landsat contracts entered into under sec-
tions 102 and 103; 
(7) coordination of a technology demonstration program, 
pursuant to section 303; and 
(8) ensuring that copies of data acquired by the Landsat 
system are provided to the National Satellite Land Remote 
Sensing Data Archive. 
(d) AUTHORITY TO CONTRACT.—^The Landsat Program Manage-
ment 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 private sector for services such as, but not limited to, 
satellite operations and data preprocessing. 
(e) LANDSAT ADVISORY PROCESS.— 
(1) ESTABUSHMENT.—The Landsat Program Management 
shall seek impartial advice and comments regarding the status, 
effectiveness, and operation of the Landsat system, using exist-
ing advisory committees and other appropriate mechanisms. 
Such advice shall be sought from individuals who represent— 
106 STAT. 4168 
PUBLIC LAW 102-555—OCT. 28, 1992 
(A) a broad range of perspectives on basic and applied 
science and operational needs with respect to land remote 
sensing data: 
(B) the rail spectrum of users of Landsat data, includ-
ing representatives from United States Government agen-
cies. State and local government i^ndes, academic institu-
tions, nonprofit organizations, value-added comi>anies, the 
agricultural, mineral extraction, and other user industries, 
and the public, and 
(C) a broad diversity of age groups, sexes, and races. 
(2) REPORTS.—^Within 1 year after the date of the enact-
ment of this Act and biennially thereafter, the Landsat Program 
Management shall prepare and submit a report to the Congress 
which— 
(A) reports the public comments received pursuant to 
parasn'aph (1); and 
(B) mcludes— 
(i) a response to the public comments received 
pursuant to paragraph (1); 
(ii) information on the volume of use, by category, 
of data 
fit>m 
the Landsat svstem; and 
(iii) any recommendations for policy or pro-
, . 
grammatic changes to improve the utility and oper-
ation of the Landsat system. 
15 use 5612. 
SEC. 102. PROCUREMENT OF LANDSAT 7. 
(a) CONTRACT NEGOTIATIONS.—^The Landsat Program Manage-
ment shall, subject to appropriations and only under the existing 
contract authority of the Umted States Government agencies that 
compose the Landsat Pro|[ram Management, expeditiously contract 
with a United States private sector entity for the development 
and deliveiy of Landsat 7. 
(b) DEVELOPMENT AND DELIVERY CoNsmERATiON.—In negotiat-
ing a contract under this section for the development and delivery 
of 
Landsat 7, the Landsat Program Management shall— 
(1) seek, as a ftmdiunental objective, to have Landsat 7 
operational by the expected end of the design life of Landsat 
6; 
(2) seek to ensure data continuity by the development 
and delivery of a satellite which is, at a minimum, functionally 
equivalent to the Landsat 6 satellite; and 
(3) seek to incorporate in Landsat 7 any performance 
improvements required to meet United States Government 
needs that would not 
jeopardize data continuity. 
(c) NOTIFICATION OF COST AND SCHEDULE CHANGES.--The 
Landsat Program Management shaU promptly notify the 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 Act, define the 
term 'United States private sector entities", taking into accoimt 
the location of operations, assets, personnel, and other such factora. 
15 u s e 5613. 
SEC. 108. DATA POUCY FOR LANDSAT 4 THROUGH «. 
(a) CONTRACT NEGOTIATIONS.—Within 30 days after the date 
of enactment of this Act, the Landsat Program Management shsdl 
PUBLIC LAW 102-555—OCT. 28, 1992 
106 STAT. 4169 
enter into negotiations with the Landsat 6 contractor to formalize 
an arrangement with respect to pricing, distribution, acquisition, 
archiving, and availability of unenhanced data for which the 
Landsat 6 contractor has responsibiUty under its contract. Such 
arrangement shall provide for a phased transition to a data policy 
consistent with the Landsat 7 data policy (developed pursuant 
to section 105) by the date of initial operation of Landsat 7. Condi-
tions of the phased arrangement should require that the Landsat 
6 contractor adopt provisions so that by tiie final phase of the 
transition period— 
(1) such unenhanced data shall be provided, at a minimum, 
to the United States Government and its affiliated users at 
the cost of fulfilling user requests, on the condition that such 
unenhanced data are used solely for noncommercial purposes; 
(2) instructional data sets, selected 
firom 
the Landsat data 
archives, will be made available to educational institutions 
exclusively for noncommercial, educational purposes at the cost 
of 
fiilfiUing 
user requests; 
(3) Landsat data users are able to acquire unenhanced 
data contained in the collective eurchives of foreign ground sta-
tions as easily and afibrdably as practicable; 
(4) adequate data necessary to meet the needs of global 
environmental change resecu:Y:hers and national security users 
are acquired; 
(5) the United States Government and its affiUated users 
shall not be prohibited 
firom 
reproduction or dissemination of 
unenhanced data to other agencies of the United States Govern-
ment and other affiliated users, on the condition that such 
unenhanced data are used solely for noncommercial purposes; 
(6) nonprofit, pubUc interest entities receive vouchers, data 
grants, or other such means of providing them with unenhanced 
data at the cost of fiilfilUng user requests, on the condition 
that such unenhanced data are used solely for noncommercial 
purposes. 
(7) a viable role for the private sector in the promotion 
and development of the commercial market for value added 
and other services using unenhanced data from the Landsat 
system is preserved; and 
(8) unenhanced data from the Landsat system are provided 
to the National Satellite Land Remote Sensing Data Archive 
at no more than the cost of fulfilling user requests. 
(b) FAILURE TO REACH AGREEMENT.—If negotiations under sub- Reports. 
section (a) have not, by September 30, 1993, resulted in an agree-
ment that the Landsat Program Management determines generally 
achieves the goals stated in subsection 0)) (1) through (8), the 
Administrator and the Secretary of Defense shall, within 30 days 
after the date of such determination, jointly certify and report 
such determination to the Congress. The report shall include a 
review of options and projected costs for achieving such goals, 
and shall include recommendations for achieving such goals. The 
options reviewed shall include— 
(1) retaining the existing or modified contract with the 
Landsat 6 contractor; 
(2) the termination of existing contracts for the exclusive 
right to market unenhanced Landsat data; and 
106 STAT. 4170 
PUBLIC LAW 102-555—OCT. 28, 1992 
(3) the establishment of an alternative private sector 
mechanism for the marketing and commercial distribution of 
such data. 
15 use 5614. 
SEC. 104. TRANSFER OF LAND8AT 6 PROGRAM RESPONSIBILITlEa 
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 Manage-
ment, pursuant to section 101. 
15 u s e 5615. 
SEC. lOS. DATA POUCY FOR LANDSAT 7. 
(a) LANDSAT 7 DATA POLICY.—The Landsat Program Manage-
ment, in consultation with other appropriate United States Govern-
ment 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, national security, commer-
cial, and foreign users and the National Satellite Lajnd Remote 
Sensing Data Archive; 
(3) ensure that the United States retains ownership 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 sector; and 
(6) to the extent possible, ensure that the data distribution 
system for Landsat 7 is compatible witli the Earth Observing 
System Data and Information System. 
(b) In addition, the data policy for Landsat 7 may provide 
for— 
(1) United States private sector entities to operate ground 
receiving stations in the United States for Landsat 7 data; 
(2) other means for direct access bv private sector 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 entities operating ground 
receiving stations or distributing Landsat 7 data. 
Reports. 
(c) LANDSAT 7 DATA POUCY KAN.—Not later than July 15, 
1994, the Landsat Program Management shall develop and submit 
to Congress a report mat contains a Landsat 7 Data Policy Plan, 
This plan shall define the roles and responsibilities of the various 
public and private sector entities that would be involved in the 
acquisition, processing, distribution, and archiving of Landsat 7 
data and in operations of the Landsat 7 spacecraft. 
(d) REPORTS.—^Not later than 12 months after submission of 
the Landsat 7 Data Policy Plan, required by subsection (c), and 
annually thereafter untO the launch of Landsat 7, the Landsat 
Program Management, in consultation with representatives of 
appropriate United States Government agencies, snail prepare and 
submit a report to the Congress which— 
(1) provides justification for the Landsat 7 data policy 
in terms of the civilian, national security, commercial, and 
foreign policy needs of the United States; and 
PUBUC LAW 102-555—OCT. 28, 1992 
106 STAT. 4171 
(2) provides justification for any elements of the Landsat 
7 data policy which are not consistent with the provisions 
of subsection (a). 
TITLE II—UCENSING OF PRIVATE REMOTE SENSING SPACE 
SYSTEMS 
SEC. aOl. GENERAL UCENSING AUTHOBTIT. 
15 USC 5621. 
(a) LICENSING AUTHORITY OF SECRETARY.—(1) In consultation 
with other appropriate United States Government agencies, the 
Secretary is authorized to license private sector parties to operate 
private remote sensing space systems for such period as the Sec-
retary 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 oper-
ations of such space system. 
(b) COMPLIANCE WITH THE LAW, REGULATIONS, INTERNATIONAL 
OBUGATIONS, AND NATIONAL SECURITY.—NO license shall be 
granted by the Secretary unless the Secretary 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 security concerns of the 
United States. 
(c) DEADLINE FOR ACTION O
N APPUCATION.—The Secretary shall 
review any application and make a determination thereon within 
120 days of tiie 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) IMPROPER BASIS FOR DENIAL.—The Secretary shall not 
deny such license in order to protect any existing licensee firom 
competition. 
(e) REQUIREMENT TO PROVIDE UNENHANCED DATA.—(1) The 
Secretary, in consultation with other appropriate United States 
Government agencies and pursuant to paragraph (2), shall des-
ignate in a license issued pursuant to tMs title any unenhanced 
data required to be provided by the licensee under section 202(bX3). 
(2) The Secretsury 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 development, fabrication, lavuich, 
or operations costs have been or will be directly fiinded by 
the United States Government; or 
(B) it is in the interest of the United States to require 
such data to be provided by the licensee consistent with section 
202(bX3), after considering the impact on the licensee and 
the importance of promoting widespread access to remote sens-
ing data 
ftt>m 
United States and foreign systems. 
(3) A designation made by the Secretary under paragraph (1) 
shall not be inconsistent with any contract or other arrangement 
entered into between a United States Government agency and 
the licensee. 
106 STAT. 4172 
PUBLIC LAW 102-555—OCT. 28, 1992 
15 use 5622. 
SEC. 302. CONDITIONS FOR OPERATION. 
(a) LICENSE REQUIRED FOR OPERATION.—NO person who is sub-
ject 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 201. 
(b) LICENSING REQUIREMENTS.—Any license issued pursuant 
to this title shall specif that the licensee shall comply with all 
of the requirements of 
this Act and shidl— 
(1) operate the system in such manner as to preserve 
the national security of the United States and to observe the 
international obligations of the United States in accordance 
with section 506; 
(2) make available to the government of any countiy 
(including the United States) unenhanced data collected by 
the system concerning the territory under the jiuisdiction 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 201(e) available in accordance 
with section 501; 
(4) upon termination of operations under the license, make 
disposition of any satellites in space in a manner satisfactory 
to the {^resident; 
(5) furnish the Secretary with complete orbit and data 
collection characteristics of me system, and inform the Sec-
retary immediately of any deviation; and 
(6) notify the Secretary of any agreement the licensee 
intends to enter with a forei^ nation, entity, or consortium 
involving foreign nations or entities. 
(c) ADDITIONAL LICENSING REQUIREMENTS FOR LANDSAT 6 CON-
TRACTOR.—^In addition to the requirements of paragraph (b), any 
license issued pursuant to this title to the Landsat 6 contractor 
shall specify that the Landsat 6 contractor shall— 
(1) notify the Secretary of any value added activities (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, provide the Sec-
retary with a plan for compliance with section 501 of this 
Act. 
15 use 5623. 
SEC. aOS. ADMINISTRATIVE AUTHORITY OF THE SECRETARY. 
(a) FUNCTIONS.—^In order to carry out the responsibilities speci-
fied in this title, the Secretary may— 
(1) grant, condition, or transfer licenses under this Act; 
(2) seek an order of iiyunction or similar judicial determina-
tion from a United States District Court with personal jurisdic-
tion over the licensee to terminate, modify, or suspend licenses 
under this title and to terminate licensed operations on an 
immediate basis, if the Secretary determines that the licensee 
has substantially failed to comiuy with any provisions of this 
Act, with any terms, conditions, or restrictions of such license, 
or with any international obligations or national security con-
cerns of the United States. 
(3) provide penalties for noncompliance with the require-
ments of licenses or regulations issu^ under this title, includ-
ing civil penalties not to exceed $10,000 (each day of operation 
PUBLIC LAW 102-555—OCT. 28, 1992 
106 STAT. 4173 
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, 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 pursuant to a warrant 
firom 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 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 
concerning any matter relating to the enforcement of this Act. 
(b) IteviEW O
F AGENCY ACTION.—Any applicant or licensee who 
makes a timely request for review of an adverse action pursuant 
to subsection (aXD, (aX3), (aX5), or (aX6) shall be entitled to abju-
dication by the Secretary on the record after an opportimity for 
any agency hearing ¥dth respect to such adverse action. Any final 
action by the Secretary under this subsection shall be subject to 
judicial review under chapter 7 of title 5, United States Code. 
SEC. 204. REGULATORY AUTHORITY OF THE SECRETARY. 
15 USC 5624. 
The Secretary may issue regulations to carry out 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. 
SEC. 206. AGENCY ACTIVITIES. 
15 USC 5625. 
(a) LICENSE APPUCATION AND ISSUANCE.—A private sector 
party may apply for a license to 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 this title, may license 
such system ifit meets all conditions of this title and— 
(1) the system operator agrees to reimburse the Govern-
ment in a timely manner for all related costs incurred with 
respect to such utilization, including a reasonable and propor-
tionate share of fixed, platform, data transmission, and launch 
costs; and 
(2) such utiUzation would not interfere with or otherwise 
compromise intended civilian Government missions, as deter-
mined by the agency responsible for such civilian platform. 
(b) ASSISTANCE.—^The Secretary may offer assistance to private 
sector parties in finding appropriate opportunities for such 
utilization. 
(c) AGREEMENTS.—To the extent provided in advance by appro-
priation Acts, any United States Government agency may enter 
mto agreements for such utiUzation if such agreements are consist-
ent with such agency's mission and statutory authority, and if 
such remote sensing space system is Ucensed by the Secretary 
before commencing operation. 
(d) APPLICABILITY.—^This section does not apply to activities 
carried out under title III. 
(e) EFFECT ON FCC AUTHORITY.—Nothing in this titie shall 
affect the authority of the Federal Communications Commission 
pursuant to the Communications Act of 1934 (47 U.S.C. 151 et 
seq.). 
106 STAT. 4174 
PUBLIC LAW 102-555—OCT. 28, 1992 
TITLE III—RESEARCH, DEVELOPMENT, AND 
DEMONSTRATION 
15 u s e 5631. 
SEC. 901. CONTINUED FEDERAL RESEARCH AND DEVELOPMENT. 
(a) ROLES OF NASA AND DEPABTMENT OF DEFENSE.—(1) The 
Administrator and t^e Secretary of Defense are directed to 
continue and to enhance programs of remote sensing research and 
development. 
(2) The Administrator is authorized and encouraged to— 
(A) conduct experimental space remote sensing programs 
(including applications demonstration programs and basic 
research at universities); 
(B) develop remote sensing technologies and techniques, 
includhig those needed for monitoring the Earth and its 
environment; and 
(C) conduct such research and development in cooperation 
with other United States Government agencies and with public 
and private research entities (including private industry, 
luiiversities, non-profit organizations. State and local govern-
ments, foreign governments, 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 INTERIOR.— 
(1) In order to enhance the abiUty of the United States 
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 appucations of remote sens-
ing using funds appropriated for such purposes. 
(2) Such programs may include basic research at univer-
sities, demonstrations of applications, and cooperative activities 
involving other Government agencies, private sector parties, 
and foreign and international organizations. 
(c) ROLE OF OTHER FEDERAL AGENCIES.—Other United Stetes 
Government agencies are authorized and encouraged to conduct 
research and development on the use of remote sensing in the 
fulfillment of tibeir authorized missions, using funds appropriated 
for such purposes. 
15 u s e 5632. 
SEC. 902. AVAILABOJTir OF FEDERALLY GATHERED UNENHANCED 
DATA. 
(a) GENERAL RULE.—All unenhanced land remote sensing data 
gathered and owned by the United Stetes Government, including 
unenhanced date gathered under the technologv demonstration pro-
gram carried out pursuant to section 303, shall be made available 
to users in a timely fashion. 
President. 
(b) PROTECTION FOR COMMERCIAL DATA DISTRIBUTOR.—The 
President shall seek to ensure that unenhanced date gathered 
under the technology demonstration program carried out pursuant 
to section 303 shaU, to the extent practicable, be made available 
on terms that would not adversely effect the commercial market 
for unenhanced date gathered by the Landsat 6 spacecraft. 
15 use 5633. 
SEC. 808. TECHNOLOGY DEMONSTRATION PROGRAM. 
President. 
(a) ESTABLISHMENT.—As a fundamental component of a 
national land remote sensing strategy, the President shall esteblish. 
PUBLIC LAW 102-555—OCT. 28, 1992 
106 STAT. 4175 
through appropriate United States Government agencies, a tech-
nology demonstration program. The goals of such programs shall 
be to— 
(1) seek to launch advanced land remote sensing system 
components within 5 years after the date of the enactment 
of this Act. 
(2) demonstrate within sudi 5-year period advanced sensor 
capabilities suitable for use in the anticipated 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 uie Landsat system projected 
to be in operation throiigh the year 2000, and that therefore 
holds greater potential for private sector investment and 
control. 
(b) EXECUTION OF PROGRAM.—In executing the technology dem- President. 
onstration program, the President shall seek to apply technologies 
associated with United States National Technical Means of intel-
ligence gathering, to the extent that such technologies are appro-
priate for the technology demonstration and can be declassified 
for such purposes without causing adverse harm to United States 
national security interests. 
(c) BROAD APPLICATION.—^To the greatest extent practicable, 
the technology demonstration program estabUshed under subsection 
(a) shall be designed to be responsive to the broad civilian, national 
security, commercial, and foreign poli^ needs of the United States. 
(d) PRIVATE SECTOR FUNDING.—^The technology demonstration 
program under this section may be carried out in part with private 
sector funding. 
(e) 
LANDSAT PROGRAM MANAGEMENT COORDINATION.—The 
Landsat Program Management shall have a coordinating role in 
the technology demonstration program carried out under this 
section. 
(f) REPORT TO CONGRESS.—The President shall assess the President. 
progress of the technology demonstration program under this sec-
tion and, within 2 years after the date of enactment of this Act, 
submit a report to the Congress on such progress. 
TITLE IV—ASSESSING OPTIONS FOR SUCCESSOR LAND 
REMOTE SENSING SYSTEM 
SEC. 401. ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENS- 15 USC 5641. 
ING SYSTEM. 
(a) ASSESSMENT.—Within 5 years after the date of the enact- Reports. 
ment of this Act, the Landsat Program Management, in consultation 
with representatives of appropriate United States Government 
agencies, shall assess and report to the Congress on the options 
for a successor land remote sensing system to Landsat 7. The 
report shall include a full assessment of the advantages and dis-
aavantages of— 
(1) private sector funding and management of a successor 
land remote sensing system; 
(2) establishing an international consortium for the funding 
and management of a successor land remote sensing system; 
(3) funding and management of a successor land remote 
sensing system by the United States Government; and 
106 STAT. 4176 
PUBLIC LAW 102-555—OCT. 28, 1992 
(4) a cooperative effort between the United States Govern-
ment and the private sector for the funding and management 
of a successor land remote sensing system. 
(b) GOALS.—^In carrying out subsection (a), the Landsat Pro-
gram Management shall consider the ability of each of the options 
to— 
(1) encourage the development, launch, and operation of 
a land remote sensing system that adequately serves the 
civilian, national security, commercial, and foreign pohcy 
interests of the United States; 
(2) encourage the development, launch, and operation of 
a land remote sensing system that maintains data continuity 
with the Landsat system; and 
(3) incorporate system enhancements, including any such 
enhajicements developed under the technology demonstration 
program under section 303, which may potentially yield a sys-
tem that is less expensive to build and operate, and more 
responsive to data users, than is the Landsat system projected 
to oe in operation through the year 2000. 
(c) PREFERENCE FOR PRIVATE SECTOR SYSTEM.—If a successor 
land remote sensing system to Landsat 7 can be fimded and man-
aged by the private sector while still achieving the goals steted 
in subsection (b) without jeopardizing the domestic, national secu-
rity, and foreign policy interests of the United Stetes, preference 
should be given to the development of such a system by tne private 
sector witnout competition trom the United Stetes Government. 
TITLE V—GENERAL PROVISIONS 
15 use 5651. 
SEC. 501. NONDISCRIMINATORY DATA AVAILABILITY. 
(a) GENERAL RULE.—^Except as provided in subsection (b) of 
this section, any unenhanced data generated by the Landsat system 
or any other land remote sensing system funded and owned by 
the United States Grovemment shall be made available to all users 
without preference, bias, or any other special arrangement (except 
on the basis of national security concerns pursuant to section 506) 
regarding delivery, format, pricing, or technical considerations 
which would favor one customer or class of customers over another. 
(b) EXCEPTIONS.—^Unenhanced data generated bv the Landsat 
system or any other land remote sensing system funded and owned 
by the Unit^ States Government may be made available to the 
Lmited States Government and ite affiliated users at reduced prices, 
in accordance with this Act, on tiie condition that such unenhanced 
data are used solely for noncommercial purposes. 
15 use 5652. 
SEC. S02. ARCHIVING OF DATA. 
(a) PUBLIC INTEREST.—It is in the public interest for the United 
Stetes Government to— 
(1) maintain an archive of land remote sensing data for 
historical, scientific, and technical purposes, including long-
term global environmental monitoring; 
(2) control the content and scope of the archive; and 
(3) assure the quality, integrity, and continuity of the 
archive. 
(b) ARCHIVING PRACTICES.—The Secretary of the Interior, in 
consultation with the Landsat Program Management, shall provide 
for long-term storage, maintenance, and upgrading of a basic, global. 
PUBLIC LAW 102-555—OCT. 28, 1992 
106 STAT. 4177 
land remote sensing data set (hereinafter referred to as the 1)asic 
data set") and shall follow reasonable archival practices to assure 
proper storage and preservation of the basic data set and timely 
access for parties requesting data. 
(c) DETERMINATION OP CONTENT OF BASIC DATA SET.—In deter-
mining the initial content of, or in upgrading, the basic data set, 
the Secretary of Interior shall— 
(1) use as a baseline the data archived on the date of 
enactment of this Act; 
(2) take into account future technical and scientific develop-
ments and needs, paying particular attention to the anticipated 
data requirements of global environmental change research; 
(3) consult with and seek the advice of users and producers 
of remote sensing data and data products; 
(4) consider the need for data which may be duplicative 
in terms of geographiccd coverage but which differ in terms 
of season, spectral bands, resolution, or other relevant factors; 
(5) include, as the Secretary of the Interior considers appro-
priate, unenhanced data generated either by the Landsat sys-
tem, pursuant to title I, or oy licensees under title II; 
(6) include, as the Secretary of the Interior considers appro-
priate, data collected by foreign ground stations or by foreign 
remote sensing space svstems; and 
(7) ensure mat uie content of the archive is developed 
in accordance with section 506. 
(d) PUBLIC DOMAIN.—^After the expiration of any exclusive right 
to sell, or after relinquishment of such right, the data provided 
to the National Satellite Land Remote Sensing Data Archive shall 
be in the public domain and shall be made available to requesting 
parties by the Secretary of the Interior at the cost of mlfilling 
user requests. 
SEC. 503. NONREPRODUCnON. 
15 USC 5653. 
Unenhanced data distributed by any Ucensee under title II 
of this Act may be sold on the condition that such data will not 
be reproduced or disseminated by the purchaser for commercial 
purposes. 
SEC. 504. REmBURSEMENT FOR ASSISTANCE. 
15 USC 5654. 
The Administrator, the Secretary of Defense, and the heads 
of other United States Government agencies may provide assistance 
to land remote sensing system operators under the provisions of 
this Act. Substantial assistance shall be reimbursed by the operator, 
except as otherwise provided by law. 
SEC. 506. ACQUISITION OF EQUIPMENT. 
15 USC 5655. 
The Landsat Program Management may, by means of a 
competitive process, allow a Ucensee under title II or any other 
private party to buy, lease, or otherwise acquire the use oi equip-
ment from the Landsat system, when such equipment is no longer 
needed for the operation of such system or for the sale of data 
from such system. Officials of other United States Government 
civilian agencies are authorized and encouraged to cooperate with 
the Secretary in carrying out this section. 
SEC. 506. RADIO FREQUENCY ALLOCATION. 
15 USC 5656. 
(a) APPUCATION TO FEDERAL COMMUNICATIONS COMMISSION.— 
To the extent required by the Communications Act of 1934 (47 
106 STAT. 4178 
PUBLIC LAW 102-555—OCT. 28, 1992 
U.S.C. 151 et seq.), an application shall be filed with the Federal 
Communications Commission for any radio facilities involved with 
commercial remote sensing space systems licensed under title IL 
Licensing. 
(b) DEADLINE F
O
R FCU ACTION.—^It is the intent of Congress 
that the Federal Communications Commission complete the radio 
licensing process under the Communications Act of 1934 (47 U.S.C. 
151 et seq.), upon the application of any private sector party or 
consortium operator of any commercial land remote sensing space 
system subject to this Act, within 120 days of the receipt of an 
application for such licensing. If final action has not occiirred within 
120 days of the receipt of such an application, the Federal Commu-
nications Commission shall inform the applicant of any pending 
issues and of actions required to resolve them. 
(c) DEVELOPMENT AND CONSTRUCTION OF UNITED STATES SYS-
TEMS.—^Authority shall not be required fi:t)m the Federal Commu-
nications 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. 
(d) CONSISTENCY WITH INTERNATIONAL OBUGATIONS AND PUB-
LIC INTEREST.—^Frequency allocations made pursuant to this section 
by the Federal Communications Commission shall be consistent 
with international obligations and with the public interest. 
15 use 5657. 
SEC. 607. CONSULTATION. 
(a) CONSULTATION WITH SECRETARY OF DEFENSE.—The 
Sec-
retanr and the Landsat Program Management shall consult with 
the Secretary of Defense on all matters imder 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 Secretary and the Landsat Program Management 
promptly of such conditions. 
(b) CONSULTATION WITH SECRETARY OF STATE.—(1) The Sec-
retary and the Landsat Program Management 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 conditions, consistent with this Act, necessary 
to meet international obligations and policies of the United States 
and for notifying promptly the Secretary and the Landsat Program 
Management of such conditions. 
(2) Appropriate United States Government agencies are author-
ized and encouraged to provide remote sensing data, technology, 
and training to dfeveloping nations as a component of programs 
of international aid. 
Reports. 
(3) The Secretary of State shall promptly report to the Secretary 
and Landsat Program Management any instances outside the 
United States of discriminatory distribution of Landsat data. 
(c) STATUS REPORT.^The Landsat Program Management shall, 
as often as necessary, provide to the Congress complete and updated 
information about the status of ongoing operations of the Landsat 
system, including timely notification of decisions made with respect 
to the Landsat system in order to meet national security concerns 
and international obUgations and policies of the United States 
Government. 
(d) REIMBURSEMENTS.—^If, as a result of technical modifications 
imposed on a licensee under title II on the basis of nationcd security 
PUBLIC LAW 102-555—OCT. 28, 1992 
106 STAT. 4179 
concerns, the Secretary, in consultation with the Secretary of 
Defense or with other Federal a^^ncies, determines that additional 
costs will be incurred by the hcensee, or that past development 
costs (including the cost of capital) will not be recovered by the 
licensee, the S^n^tary may require the agency or agencies request-
ing such technical modifications to reimburse the licensee for such 
additional or development costs, but not for anticipated profits. 
Reimbursements may cover costs associated with required cnanges 
in system performance, but not costs ordinarily associated with 
doing business abroad. 
SEC. 508. ENFORCEMENT. 
15 USC 5658. 
(a) IN GENERAL.—^In order to ensure that unenhanced data 
from the Landsat system received solely for noncommercial purposes 
are not used for any conmiercial purpose, the Secretary (in 
collaboration with private sector entities responsible for the market-
ing and distribution of unenhanced data generated by the Landsat 
system) shall develop and implement a svstem for enforcing this 
prohibition, in the event that unenhanced data from the Lcuidsat 
system are made available for noncommercial purposes at a dif-
ferent price than such data are made available tor other purposes. 
(b) AUTHORITY OF SECRETARY.—Subject to subsection (d), the 
Secretary may impose any of the enforcement mechanisms described 
in subsection (c) against a person who^ 
(1) receives unenhanced data frt>m the Landsat system 
under this Act solely for noncommercial purposes (and at a 
different price than the price at which such data are made 
available tor other purposes); and 
(2) uses such data for other than noncommercial piirposes. 
(c) ENFORCEMENT MECHANISMS.—Enforcement mechanisms 
referred to in subsection (b) may include civil penalties of not 
more than $10,000 (per day per violation), denial of further 
unenhanced data purchasing privileges, and any other penalties 
or restrictions tiie Secretary considers necessary to ensure, to the 
greatest extent practicable, that unenhanced data provided for non-
commercial purposes are not used to unfairly compete in the 
commercial market against private sector entities not eUgible for 
data at the cost of fulfulinguser requests. 
(d) PROCEDURES AND REGULATIONS.—The Secretary shall issue 
any regulations necessary to carry out this section and shall 
esteblish standards and procedures governing the imposition of 
enforcement mechanisms under subsection (b). The standards and 
procedures shall include a procedure for potentially aggrieved par-
ties to file formal protests witii the Secretary alleging instances 
where such unenhanced data has been, or is being, used for commer-
cial purposes in violation of the terms of receipt of such data. 
The Secretary shall promptly act to investigate any such protest. Reports. 
and shall report armually to the Congress on instances of such 
violations. 
TITLE VI—PROHIBITION OF COMMERCIALIZATION OF 
WEATHER SATELLITES 
SEC. 601. PROHmrnON. 
15USC5671. 
Neither the President nor any other official of the Government 
shall make any effort to lease, sell, or transfer to the private 
sector, or commerciaUze, any portion of the weather satellite sys-
106 STAT. 4180 
PUBLIC LAW 102-555—OCT. 28, 1992 
terns operated by the Department of Commerce or any successor 
agency. 
15 use 5672. 
SEC. 60S. FUTURE CONSIDERATION& 
Regardless of any diange in circumstances subsequent to 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 ofiEicial shall take any action prohib-
ited by section 601 unless this title has first been repealed. 
Approved October 28, 1992. 
LEGISLATIVE HISTORY—H.R. 6133: 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Oct. 5, considered and passed House. 
Oct. 7, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 28, Presidential statement.