[Senate Report 104-81]
[From the U.S. Government Publishing Office]




   104th Congress 1st            SENATE                 Report
         Session
                                                        104-81
_______________________________________________________________________

                                     

                                                       Calendar No. 106

                     LANDSAT AMENDMENTS ACT OF 1995

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 625






                  May 15, 1995.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred fourth congress
                             first session

  LARRY PRESSLER, South Dakota, 
             Chairman

                                     BOB PACKWOOD, Oregon
                                     TED STEVENS, Alaska
                                     JOHN McCAIN, Arizona
                                     CONRAD BURNS, Montana
                                     SLADE GORTON, Washington
                                     TRENT LOTT, Mississippi
                                     KAY BAILEY HUTCHISON, Texas
                                     OLYMPIA SNOWE, Maine
ERNEST F. HOLLINGS, South Carolina   JOHN ASHCROFT, Missouri
DANIEL K. INOUYE, Hawaii
WENDELL H. FORD, Kentucky
J. JAMES EXON, Nebraska
JOHN D. ROCKEFELLER IV, West Virginia
JOHN F. KERRY, Massachusetts
JOHN B. BREAUX, Louisiana
RICHARD H. BRYAN, Nevada
BYRON L. DORGAN, North Dakota

  Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief 
    Counsel and Staff Director

                                  (II)
                                                       Calendar No. 106
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-81
_______________________________________________________________________


 
                     LANDSAT AMENDMENTS ACT OF 1995

                                _______


                  May 15, 1995.--Ordered to be printed

_______________________________________________________________________


      Mr. Pressler, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 625]
    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill joint resolution deg. (S. 
625), TITLE deg. ``A Bill to amend the Land Remote 
Sensing Policy Act of 1992'', having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                       Purpose of the Legislation

  The purpose of the reported bill is to ensure the continuity 
of Landsat data into the 21st Century and to improve mechanisms 
for addressing national security and foreign policy issues 
arising under the program. The bill seeks to accomplish that 
purpose by: (a) transferring the oversight and management 
responsibilities for Landsat from the National Aeronautics and 
Space Administration (NASA) and the Department of Defense (DOD) 
to a new management arrangement involving NASA, the National 
Oceanic and Atmospheric Administration (NOAA), and the 
Department of the Interior (DOI); (b) extending the operations 
contract of the current contractor for Landsat 4 and 5; (c) 
requiring the Executive Branch to notify Congress when it takes 
certain actions affecting licenses for private remote sensing 
satellite systems; and (d) clarifying the process by which the 
Secretary of Commerce shall consult with the Secretary of State 
and the Secretary of Defense regarding land remote sensing 
satellite matters raising foreign policy and national security 
concerns.

                          Background and Needs

Description of the Landsat program
  Landsat is a federal remote sensing satellite system that 
provides high-quality Earth imagery to government and private 
sector users for a variety of commercial, scientific, and 
military purposes. Each Landsat satellite flies in a polar 
orbit and passes over the same point on the Earth every 16 
days. For more than twenty years, Landsat has provided the 
Nation with an uninterrupted stream of Earth observations and 
is the source of the longest-term, consistent satellite data on 
land resources available in the world.
  The current Landsat system relies on two aging satellites, 
Landsat 4 (launched in 1982) and Landsat 5 (launched in 1984), 
that are now well past their three-year design lives, as well 
as an associated ground infrastructure. In 1993, a replacement 
satellite (Landsat 6) failed to achieve orbit after its launch. 
Another replacement (Landsat 7) is scheduled for launch in 
1998. Since 1985, Landsat has been operated by a private 
contractor, the EOSAT Corporation (EOSAT), which markets and 
distributes the data to the user community. All Landsat data 
are archived at DOI's Earth Resources Observation Systems 
(EROS) Data Center in Sioux Falls, South Dakota.
Evolution of the Landsat program
  In 1972, Landsat was begun by NASA as an experimental 
satellite program. However, in 1979, the Carter Administration 
released Presidential Directive 54, which called for 
transferring Landsat from NASA to NOAA, turning Landsat into an 
operational system, and developing a plan for Landsat's 
eventual transition to a private sector operation.
  In the early 1980s, the Reagan Administration attempted to 
accelerate the commercialization of Landsat. In 1984, that 
effort culminated in the Congressional passage of the Land 
Remote Sensing Commercialization Act (P.L. 98-365), which 
established the general policy and requirements for 
commercialization of the program. In 1985, NOAA selected EOSAT 
to be the Landsat contractor. In its 10-year contract with 
NOAA, EOSAT agreed to assume exclusive responsibility for 
marketing and distributing existing Landsat data, operating 
Landsats 4 and 5, and building new Landsat satellites (Landsats 
6 and 7). Because the market for remote sensing data was at 
that time undeveloped, the federal government agreed to pay 
EOSAT a $250 million subsidy to cover the launch costs for the 
two new satellites and the operational costs of the program 
through the expected lifetime of Landsats 4 and 5. In the years 
following the signing of the EOSAT contract, modifications were 
accepted by EOSAT and the government that called for the 
development of only one satellite, Landsat 6.
  It soon became apparent that the experiment in Landsat 
commercialization would not be successful. From the start of 
commercialization in 1984, the number of orders of data 
decreased dramatically, dropping from 35,272 in 1984 to nearly 
8,000 in 1990. While there were many reasons for the decrease 
in orders, most agreed that the high cost of the data was a 
major contributing factor in discouraging the purchase of 
Landsat data, especially by the research community. In 
addition, three independent studies conducted in 1988 for NOAA 
concluded that rapid commercialization for Landsat was not 
working and would not be possible in the foreseeable future.
  To address the problems associated with Landsat 
commercialization, including the high cost of Landsat data, in 
1992, President Bush signed into law the Land Remote Sensing 
Policy Act of 1992 (P.L. 102-555). The Act repealed the 1984 
Landsat Act and established a new policy for the government's 
management of the program and for the pricing and distribution 
of Landsat data. Among its provisions, the 1992 Act--
          transferred Landsat program management from the 
        Department of Commerce (DOC) to NASA and DOD;
          directed Landsat program management to contract with 
        the private sector for the development and delivery of 
        Landsat 7;
          directed Landsat program management to enter into 
        negotiations with EOSAT for the phased introduction of 
        a pricing system for data from Landsats 4 through 6 
        that would enable researchers to purchase the data at 
        ``the cost of fulfilling the user request'';
          provided that the outcome of negotiations with EOSAT 
        should be a transition to a data policy consistent with 
        the data policy established in the legislation for 
        Landsat 7 data;
          required a data policy for Landsat 7 data ensuring 
        that such data are available to all users at the cost 
        of fulfilling user requests;
          authorized the Secretary of Commerce to license 
        operators of private sector remote sensing systems; and
          directed the President to establish a five-year 
        technology demonstration program to assess advanced 
        technologies and approaches for their potential use on 
        Landsat 8.

                 Subsequent Events Relating to Landsat

  After the enactment of the 1992 Act, a number of developments 
occurred in the Landsat program which recommended a 
revisitation of certain provisions in that legislation.
Withdrawal of DOD from Landsat
  DOD withdrew from the program at the end of 1993 following a 
dispute with NASA over funding issues relating to Landsat 7. 
The most significant conflict related to the two agencies' 
inability to settle their differences over which agency would 
pay for the $161 million ground station to process data for a 
high-resolution multispectral stereo imager (HRMSI). HRMSI was 
considered by DOD to be essential to meet its requirements. 
After being unable to resolve its dispute with NASA, DOD did 
not request funding for Landsat in its FY95 budget submission 
to Congress and withdrew from the program. NASA and DOD 
ultimately reached an agreement that Landsat 7 construction 
authority, along with some remaining FY94 funds at DOD, would 
be transferred to NASA.
Loss of Landsat 6
  In October 1993, Landsat 6 failed to achieve orbit after its 
launch from Vandenberg Air Force Station in California. Landsat 
6 was considered critical to the maintenance of Landsat data 
continuity because of the degraded condition of aging Landsats 
4 and 5. The loss of Landsat 6 increased the importance of the 
timely development and launch of Landsat 7 as a replacement.
Landsat program reorganization
  In his Presidential directive (PDD)/NSTC-3, dated May 5, 
1994, the President issued a new Landsat policy which 
reorganized agency responsibilities for operating Landsat 7. 
The policy followed the earlier recommendations of the National 
Science and Technology Council. Included in the new policy were 
the following main provisions--
          DOD was removed from the program and NOAA was added;
          NASA was given all responsibility for the development 
        and funding of Landsat 7;
          DOI was directed to continue to maintain an archive 
        of existing and future Landsat-type data within the 
        United States; and
          Landsat data were to be made available to meet the 
        needs of all users at no more than the cost of 
        fulfilling user requests.
In accordance with the PDD, on May 20, 1994, the management 
responsibility for the satellite development contract was 
transferred from DOD to NASA.
EOSAT contract negotiations.
  Section 103(a) of the 1992 Act required the Executive Branch 
to enter into negotiations with EOSAT on a data policy and 
pricing scheme for Landsats 4-6, with the goal of developing a 
data policy consistent with that provided for Landsat 7. The 
1992 Act further provided that, if NASA and DOD determined that 
such negotiations had not been satisfactorily concluded by 
September 30, 1993, they were required to submit a report to 
Congress within 30 days of that determination. The legislation 
did not require a report to Congress if negotiations had been 
satisfactorily completed by that deadline.
  Pursuant to Section 103(a), EOSAT and the government began 
negotiations, and, late in September 1993, the government 
communicated its final offer of an agreement in principle to 
EOSAT. On October 6, 1993, EOSAT agreed to the government's 
offer on all issues outstanding at that time. Discussions 
between the parties continued on the agreement in principle and 
a final document was signed on April 11, 1994. While the April 
agreement did not purport to extend the EOSAT contract, which 
was due to expire in July 1994, that agreement did express the 
parties' understanding that it would be incorporated into an 
extension of the EOSAT contract.
  However, the DOC later suspended implementation of the April 
agreement as it considered whether to hold a new competition 
for the Landsat data distribution rights and the operation of 
Landsats 4 and 5, rather than extend the EOSAT contract. On 
July 15, 1994, DOC provided for a short-term extension of the 
EOSAT contract through December 31, 1994. Implementation of the 
April 1994 agreement was postponed pending a resolution of the 
EOSAT contract dispute.
  On November 7, 1994, DOC published a notice in Commerce 
Business Daily indicating its intent to offer to EOSAT another 
sole-source contract to operate Landsats 4 and 5. After several 
firms responded to the notice, expressing interest in competing 
for the contract, DOC made plans to subject the contract to 
open competition. On December 27, EOSAT filed suit in the U.S. 
District Court for the District of Columbia, seeking an 
injunction to prevent DOC from re-competing the operations 
contract for Landsats 4 and 5. As of the date of this Committee 
report, the EOSAT litigation was still pending.
Licensing of new private remote sensing satellite systems
  Under the 1992 Act (as well as the 1984 Act it replaced), DOC 
was given authority to license private remote sensing satellite 
systems. The 1992 Act requires that DOC issue a decision on a 
license within 120 days of its receipt of a completed license 
application. It further provides that, if the 120-day deadline 
is not met, DOC must notify the applicant of any pending issues 
and the actions required to resolve them. Once an application 
is submitted to DOC, it is immediately forwarded to DOD for 
review of national security issues and to the State Department 
for review of international treaty obligations.
  Soon after the enactment of the 1992 law, DOC received a 
number of license applications for new satellite systems and 
several were eventually approved. However, DOC sometimes failed 
to meet the statutory 120-day deadline for reaching a decision 
on a license or notifying the applicant of any pending problems 
with the license. In several cases, much of the processing 
delay was attributed to disagreements within the Administration 
about national security issues relating to the sale of high-
resolution imagery and systems. These delays undoubtedly had an 
adverse impact on the affected applicants, and, perhaps more 
importantly, the uncertainties regarding the length and 
structure of the process--particularly as to the DOD and State 
Department license review--may have discouraged other potential 
applicants from seeking DOC approval for their proposed remote 
sensing ventures.

                Legislative Action in the 103rd Congress

  During the 103rd Congress, several amendments to the 1992 Act 
were proposed in bills considered by the Senate and the House 
of Representatives to take into account the withdrawal of DOD, 
the loss of Landsat 6, the EOSAT contract dispute, and other 
policy matters that had arisen since the enactment of the 
legislation. One of those bills, the Aeronautics and Space 
Administration Policy Act of 1994 (H.R. 4489), was reported 
without objection by the Committee on September 28, 1994. Title 
III (``Revisions to Land Remote Sensing Policy Act of 1992'') 
of the Committee-reported bill proposed amendments to the 1992 
Act which replaced the DOD/NASA management of Landsat with a 
new arrangement involving NOAA, NASA, and DOI to reflect the 
withdrawal of DOD from the program. In addition, the amendments 
eliminated references to ``Landsat 6'', the satellite lost in 
space in 1993.
  With regard to new private remote sensing systems licensed 
under the 1992 Act, the amendments contained several provisions 
to prevent undue delay in DOC's licensing process and to 
require timely notification of Congress of DOC actions 
affecting licenses. Specifically, the amendments imposed a 60-
day deadline on DOD and the State Department to make their 
recommendations on DOC license applications. Further, the 
legislation required that DOC report to Congress within 30 days 
of (a) any decision to limit the data collection or 
distribution by the licensee, or (b) DOC's initiation of any 
court action to terminate, modify, or suspend a license.
  Later, on October 5, 1994, when H.R. 4489 was considered by 
the full Senate, Senator Rockefeller offered a substitute 
amendment, which included a new provision extending the EOSAT 
operations contract for Landsats 4 and 5 following successful 
negotiations between EOSAT and the Executive Branch. The bill, 
as amended, was then passed by the Senate.
  The Senate-passed version of H.R. 4489 contained Landsat-
related provisions that were virtually identical to the text of 
the Landsat-related provisions contained in the House-passed 
version of H.R. 4489. In addition, the provision in S. 625 
concerning the EOSAT contract extension was part of the House-
passed version of the NOAA Authorization bill (H.R. 4008). 
However, the 103d Congress adjourned before the Senate and the 
House could agree on consensus legislation containing the 
Landsat provisions.

                          Legislative History

  S. 625 was introduced in the Senate on March 27, 1995 by 
Senator Pressler. On March 28, 1995, the Committee met in open 
executive session and ordered S. 625 reported without 
objection.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 26, 1995.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 625, the Landsat Amendments Act of 1995, as ordered 
reported by the Senate Committee on Commerce, Science, and 
Transportation on March 29, 1995. CBO estimates that enacting 
the bill would result in no significant costs to the federal 
government and in no costs to state or local governments. 
Because enactment of S. 625 would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply to this 
bill.
    S. 625 would transfer primary management responsibility for 
the Landsat program from the National Aeronautics and Space 
Administration (NASA) and the Department of Defense to NASA and 
the National Oceanic and Atmospheric Administration. In 
addition, the bill would make several other changes to the Land 
Remote Sensing Policy Act of 1992.
    The provisions of S. 625 would not expand the Landsat 
program; rather, the bill would transfer features of the 
program from one federal agency to another. Based on 
information from the agencies involved, we do not expect 
enactment of this legislation to result in any significant 
budgetary costs or savings.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                 James Blum
                                   (For June E. O'Neill, Director).

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported.
Number of persons affected
  The reported bill would amend the Land Remote Sensing Policy 
Act of 1992 (P.L. 102-555) to strengthen the Federal 
government's management of the Landsat program and stimulate 
the commercial market for land remote sensing data. Thus, the 
bill would benefit the large user community for Landsat and 
other remote sensing data by continuing the availability of 
reasonably priced, high-resolution Earth imagery.
Economic impact
  The bill limits to 60 days the amount of time that DOD and 
the State Department have to provide recommendations to DOC 
regarding pending license applications for new private land 
remote sensing systems. This change should help reduce some of 
the delay in the DOC licensing process and thereby encourage 
more companies to seek approval for new satellite systems. The 
remainder of the bill is neutral as to economic impact.
Paperwork burden/privacy
  The bill is not expected to increase the paperwork burden or 
have any adverse impact on the individuals affected.

                      Section-by-Section Analysis

SECTION 1. SHORT TITLE

  Section 1 states that this legislation may be cited as the 
``Landsat Amendments Act of 1995.''

SECTION 2. AMENDMENT OF ACT

  Section 2 amends the 1992 Act in the following respects:
          1. It transfers responsibility for management of the 
        Landsat program from NASA and DOD to NOAA, NASA, and 
        DOI. The 1992 Act provides for joint NASA/DOD 
        management of the program. This management change is 
        consistent with the Administration's reorganization of 
        the Landsat program in 1994 following the withdrawal of 
        DOD.
          2. It deletes references to ``Landsat 6.'' Landsat 6, 
        which was intended as a replacement for one of the two 
        current Landsats (4 and 5), was lost in space shortly 
        after its launch in 1993.
          3. It requires that the contract of the contractor 
        for Landsat 4 and 5 operations (i.e., EOSAT) be 
        extended following successful negotiations between 
        EOSAT and the Landsat Program Management within the 
        Executive Branch. The provision is intended to 
        eliminate confusion within the Executive Branch over 
        whether Congress, by its enactment of the 1992 Act, 
        intended that the EOSAT contract be extended.
          4. With respect to private remote sensing systems 
        licensed by DOC under the 1992 Act, the section 
        requires the Secretary of Commerce to notify Congress 
        within 30 days of (a) any decision to limit the data 
        collection or distribution by the licensee, or (b) 
        DOC's initiation of any court action to terminate, 
        modify, or suspend a license. The section also imposes 
        a deadline on recommendations from the DOD and the 
        State Department on Landsat matters. The section 
        requires that recommendations from the Secretary of 
        Defense and the Secretary of State on Landsat matters 
        affecting national security and international 
        obligations, respectively, must be made to the 
        Secretary of Commerce within 60 days of DOC's request 
        for such advice.

                        Changes in Existing Law

                 Land Remote Sensing Policy Act of 1992

          * * * * * * *

SEC. 2. FINDINGS.

  The Congress finds and declares the following:
          * * * * * * *
  [(9) Because Landsat data are particularly important for 
national security purposes and global environmental change 
research, management responsibilities for the program should be 
transferred from the Department of Commerce to an integrated 
program management involving the Department of defense and the 
National Aeronautics and Space Administration.]
  (9) Because Landsat data are particularly important for 
global environmental change research, the program should be 
managed by an integrated team consisting of the National 
Aeronautics and Space Administration and the Department of 
Commerce.

SEC. 3. DEFINITIONS.

  In this Act, the following definitions apply:
          * * * * * * *
  (6) The term ``Landsat Program Management'' means the 
integrated program management structure--
          (A) established by, and responsible to, the 
        Administrator and the [Secretary of Defense] Secretary 
        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] and the Department of 
        Commerce, as well as the Department of the Interior, or 
        any other United States Government agencies the 
        President designates as responsible for the Landsat 
        program.

                            TITLE I--LANDSAT

SEC. 101. LANDSAT PROGRAM MANAGEMENT.

  (a) Establishment.--The Administrator and the [Secretary of 
Defense] Secretary shall be responsible for management of the 
Landsat program. Such responsibility shall be carried out by 
establishing an integrated program management structure for the 
Landsat system.
  (b) Management Plan.--The Administrator, the [Secretary of 
Defense,] Secretary, and any other United States Government 
official the President designates as responsible for part of 
the Landsat program, shall establish, through a management 
plan, the roles, responsibilities, and funding expectations for 
the Landsat Program of the appropriate United States Government 
agencies. The management plan shall--
          (1) specify that the fundamental goal of the Landsat 
        Program Management is the continuity of unenhanced 
        Landsat data through the acquisition and operation of a 
        Landsat 7 [satellite as quickly as practicable which 
        is, as a minimum, functionally equivalent to the 
        Landsat 6 satellite, with the addition of a tracking 
        and data relay satellite communications capability;] 
        satellite;
          (2) include a baseline funding profile [that--
                  [(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 responsibility of the 
                other as spread across the development and 
                operational life of Landsat 7;]
        for the development and operational life of Landsat 7 
        that is mutually acceptable to the agencies 
        constituting the Landsat Program Management;
          * * * * * * *
  The Director of the Office of Science and Technology Policy 
shall, no later than 60 days after enactment of the Landsat 
Amendments Act of 1995, transmit the management plan to the 
Committee on Science, Space, and Technology of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.
  (c) Responsibilities.--The Landsat Program Management shall 
be responsible for--
          * * * * * * *
          (3) ensuring that all unenhanced Landsat data remain 
        unclassified, and that, except as provided in [section 
        506] section 507 (a) and (b), no restrictions are 
        placed on the availability of unenhanced data;
          * * * * * * *

SEC. 102. PROCUREMENT OF LANDSAT 7.

          * * * * * * *
  (b) Development and Delivery Consideration.--In negotiating a 
contract under this section for the development and delivery of 
Landsat 7, the Landsat Program Management shall--
          (1) seek, as a fundamental objective, to have Landsat 
        7 operational [by the expected end of the design life 
        of Landsat 6] by the predicted end of life of Landsat 
        5, or as soon as practicable thereafter;
          * * * * * * *

SEC. 103. DATA POLICY FOR LANDSAT 4 THROUGH 6.

  (a) Contract Negotiations.--Within 30 days after the date of 
enactment of this Act, the Landsat Program Management shall 
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 responsibility 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] section 104 by the 
initial operation of Landsat 7. Conditions of the phased 
arrangement should * * *
          * * * * * * *
  (b) Failure to Reach Agreement.--If negotiations under 
subsection (a) have not, by September 30, 1993, resulted in an 
agreement that the Landsat Program Management determines 
generally achieves the goals stated in subsection (b) (1) 
through (8), the Administrator and the [Secretary of Defense] 
Secretary shall, within 30 days after the date of such 
determination, jointly certify and report such determination to 
the Congress. The report shall * * *
          * * * * * * *
  (c) Implementation of Agreement._If negotiations under 
subsection (a) result in an agreement that the Landsat Program 
Management determines generally achieves the goal stated in 
paragraphs (1) through (8) of subsection (a), the Landsat 
Program Management shall award an extension, until the 
practical demise of Landsat 4 or Landsat 5, whichever occurs 
later, of the existing contract with the Landsat 6 contractor 
incorporating the terms of such agreement.

[SEC. 104. TRANSFER OF LANDSAT 6 PROGRAM RESPONSIBILITIES.]

  [The responsibilities of the Secretary with respect to 
Landsat 6 shall be transferred to the Landsat Program 
Management, as agreed to between the Secretary and the Landsat 
Program Management, pursuant to section 101.]

SEC. [105.] 104. DATA POLICY FOR LANDSAT 7.

          * * * * * * *

      TITLE II--LICENSING OF PRIVATE REMOTE SENSING SPACE SYSTEMS

SEC. 201. GENERAL LICENSING AUTHORITY.

          * * * * * * *
  (c) Deadline for Action on Application.--The Secretary shall 
review any application and make a determination thereon within 
120 days of the receipt of such application. [If final action 
has not occurred within such time, the Secretary shall inform 
the applicant of any pending issues and of actions required to 
resolve them.] If the Secretary determines that the license 
requested by the applicant should not be issued, the Secretary 
shall inform the applicant within such 120-day period of the 
reasons for such determination and the specific actions 
required of the applicant to obtain a license.

SEC. 202. CONDITIONS FOR OPERATION.

          * * * * * * *
  (b) Licensing Requirements.--Any license issued pursuant to 
this title shall specify that the licensee shall comply with 
all of the requirements of this Act and shall--
          (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] section 507;
          * * * * * * *
          (6) notify the Secretary of any significant or 
        substantial agreement the licensee intends to enter 
        with a foreign nation, entity, or consortium involving 
        foreign nations or entities.
          * * * * * * *

SEC. 204. REGULATORY AUTHORITY OF THE SECRETARY.

  The Secretary [may] shall 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. NOTIFICATION.

  (a) Limitations on Licensee._Within 30 days after any 
determination by the Secretary to require a licensee to limit 
collection or distribution of data from a system licensed 
pursuant to this title, the Secretary shall report to the 
Congress the reasons for such determination, the limitations 
imposed on the licensee, and the period during which such 
limitations apply.
  (b) Termination, Modification, or Suspension._Within 30 days 
after any action by the Secretary to seek an order of 
injunction or other judicial determination pursuant to section 
203(a)(2), the Secretary shall notify the Congress of such 
action and provide the reasons for such action.

          TITLE III--RESEARCH, DEVELOPMENT, AND DEMONSTRATION

SEC. 302. AVAILABILITY OF FEDERALLY GATHERED UNENHANCED DATA.

  [(a) General Rule.--]All unenhanced land remote sensing data 
gathered and owned by the United States Government, including 
unenhanced data gathered under the technology demonstration 
program carried out pursuant to section 303, shall be made 
available to users in a timely fashion.
  [(b) Protection for Commercial Data Distributor.--The 
President shall seek to ensure that unenhanced data gathered 
under the technology demonstration program carried out pursuant 
to section 303 shall, to the extent practicable, be made 
available on terms that would not adversely effect the 
commercial market for unenhanced data gathered by the Landsat 6 
spacecraft.]
          * * * * * * *

                      TITLE V--GENERAL PROVISIONS

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 Government shall be made available to all 
users without preference, bias, or any other special 
arrangement (except on the basis of national security concerns 
pursuant to [section 506)] section 507) regarding delivery, 
format, pricing, or technical considerations which would favor 
one customer or class of customers over another.
          * * * * * * *
  (c) Determination of Content of Basis Data Set.--In 
determining the initial content of, or in upgrading, the basis 
data set, the Secretary of the Interior shall--
          * * * * * * *
          (7) ensure that the content of the archive is 
        developed in accordance with [section 506.] section 
        507.
          * * * * * * *

SEC. 504. REIMBURSEMENT FOR ASSISTANCE.

  The Administrator, the [Secretary of Defense,] Secretary, 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. 507. CONSULTATION.

  [(a) Consultation with Secretary of Defense.--The Secretary 
and the Landsat Program Management 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 Secretary and the Landsat 
Program Management promptly of such conditions.
  [(b) Consultation with Secretary of State.--(1) The Secretary 
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.]
  (a) Responsibility of Secretary of Defense._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 Secretary 
promptly of such conditions. Within 60 days after receiving a 
request from the Secretary, the Secretary of Defense shall 
recommend any conditions for a license issued under title II, 
consistent with this Act, that the Secretary of Defense 
determines are needed to protect the national security of the 
United States. If no such recommendations have been received by 
the Secretary within such 60-day period, the Secretary may deem 
activities proposed in the license application to be consistent 
with the protection of the national security of the United 
States.
  (b) Responsibility of Secretary of State._
          (1) The Secretary shall consult with the Secretary of 
        State on all matters under this Act affecting 
        international obligations of the United States. 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 the Secretary promptly 
        of such conditions. Within 60 days after receiving a 
        request from the Secretary, the Secretary of State 
        shall recommend any conditions for a license issued 
        under title II, consistent with this Act, that the 
        Secretary of State determines are needed to meet 
        existing international obligations of the United 
        States. If no such recommendations have been received 
        by the Secretary within such 60-day period, the 
        Secretary may deem activities proposed in the license 
        application to be consistent with existing 
        international obligations of the United States.
          * * * * * * *