Members Can Post Anonymously On This Site
-
Similar Topics
-
By NASA
SUBCHAPTER I – LANDSAT
Sec. 5601. Findings
The Congress finds and declares the following:
(1) The continuous collection and utilization of land remote sensing data from space are of major benefit in studying and understanding human 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 importance.
(2) The Federal Government’s Landsat system established the United States as the world leader in land remote sensing technology.
(3) The national interest of the United States lies in maintaining international leadership in 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) Full 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 jeopardized United States leadership in land remote sensing.
(8) Recognizing the importance of the Landsat program in helping to meet national and commercial objectives, the President approved, on February 11, 1992, a National Space Policy Directive which was developed by the National Space Council and commits the United States to ensuring the continuity of Landsat coverage into the 21st century.
(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.
(10) Regardless of management responsibilities for the Landsat program, the Nation’s broad civilian, national security, commercial, and foreign policy interests in remote sensing will best be served by ensuring that Landsat remains an unclassified program that operates according to the principles of open skies and nondiscriminatory access.
(11) Technological advances aimed at reducing the size and weight of satellite systems hold the 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 follow-on spacecraft to Landsat 7, while also helping to determine whether such a spacecraft should be funded 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 available, at a minimum, to United States Government agencies, to global environmental change researchers, and to other researchers 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 unenhanced data and value-added services, the United States Government should adopt a data policy for Landsat 7 which allows competition within the private sector for distribution of unenhanced data and value-added services.
(15) Development of the remote sensing market and the provision of commercial value-added services based on remote sensing data should remain 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.
(Pub. L. 102-555, Sec. 2, Oct. 28, 1992, 106 Stat. 4163.)
Land Remote Sensing Policy Act of 1992
Short Title: Section 1 of Pub. L. 102-555 provided that: “This Act [enacting this chapter and repealing chapter 68 (Sec. 4201 et seq.) of this title] may be cited as the `Land Remote Sensing Policy Act of 1992′.”
Sec. 5602. Definitions
In this chapter, 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, amortization, 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 acquisition and availability of unenhanced data which are, from the point of view of the user
(A) sufficiently consistent (in terms of acquisition geometry, coverage characteristics, and spectral characteristics) with previous Landsat data to allow comparisons for global and regional change detection and characterization; and
(B) compatible with such data and with methods used to receive and process such data.
(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 Earth; and
(C) calibration of spectral response with respect to such data, but does not include conclusions, manipulations, or calculations derived from 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 Administrator and the Secretary of Defense pursuant to section 5611(a) of this title; 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 responsible for the Landsat program.
(7) The term ”Landsat system” means Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote sensing system operated and owned by the United States Government, along with any related ground equipment, 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 Secretary of the Interior pursuant to the archival responsibilities defined in section 5652 of this title.
(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 commercial contract, development of a 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 method of public release, except when such disclosure by the United States Government or its contractors would adversely affect the national security or foreign policy of the United States or violate a provision of law or regulation; and
(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 Commerce.
(13) The term ”unenhanced data” means land remote sensing signals or imagery products that are unprocessed or subject only to data preprocessing.
(14) The term ”United States Government and its affiliated users” means –
(A) United States Government agencies;
(B) researchers involved with the United States Global Change Research Program and its international counterpart programs; and
(C) other researchers and international entities that have signed with the United States Government a cooperative agreement involving the use of Landsat data for noncommercial purposes.
(Pub. L. 102-555, Sec. 3, Oct. 28, 1992, 106 Stat. 4164.)
Sec. 5611. Landsat Program Management
(a) Establishment
The Administrator and the Secretary of Defense shall be responsible for management of the Landsat program. Such responsibility shall be carried out by establishing an integrated program management structure for the Landsat system.
(b) Management plan
The Administrator, the Secretary of Defense, 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 (FOOTNOTE 1) of the appropriate United States Government agencies. The management plan shall – (FOOTNOTE 1) So in original. Probably should not be capitalized.
(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, at a minimum, functionally equivalent to the Landsat 6 satellite, with the addition of a tracking and data relay satellite communications capability;
(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; (3) specify that any improvements over the Landsat 6 functional equivalent capability for Landsat 7 will be funded by a specific sponsoring agency or agencies, in a manner agreed to by the Landsat Program Management, if the required funding 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 of 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 5656(a) and (b) of this title, no restrictions are placed on the availability of unenhanced data;
(4) ensuring that land remote sensing data of high priority locations will be acquired by the Landsat 7 system as required to meet the needs of the United States Global Change Research Program, as established in the Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.), and to meet the needs of national security users;
(5) Landsat data responsibilities pursuant to this chapter;
(6) oversight of Landsat contracts entered into under sections 5612 and 5613 of this title;
(7) coordination of a technology demonstration program, pursuant to section 5633 of this title; 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 Management may, subject to appropriations and only under the existing contract authority of the United States Government agencies that compose the Landsat Program Management, enter into contracts with the private sector for services such as, but not limited to, satellite operations and data preprocessing.
(e) Landsat advisory process
(1) Establishment
The Landsat Program Management shall seek impartial advice and comments regarding the status, effectiveness, and operation of the Landsat system, using existing advisory committees and other appropriate mechanisms. Such advice shall be sought from individuals who represent –
(A) a broad range of perspectives on basic and applied science and operational needs with respect to land remote sensing data;
(B) the full spectrum of users of Landsat data, including representatives from United States Government agencies, State and local government agencies, academic institutions, nonprofit organizations, value-added companies, the agricultural, mineral extraction, and other user industries, and the public, and
(C) a broad diversity of age groups, sexes, and races.
(2) Reports
Within 1 year after October 28, 1992, 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 paragraph (1); and
(B) includes –
(i) a response to the public comments received pursuant to paragraph (1);
(ii) information on the volume of use, by category, of data from the Landsat system; and
(iii) any recommendations for policy or programmatic changes to improve the utility and operation of the Landsat system.
(Pub. L. 102-555, title I, Sec. 101, Oct. 28, 1992, 106 Stat. 4166.)
References in Text
The Global Change Research Act of 1990, referred to in subsec. (c)(4), is Pub. L. 101-606, Nov. 16, 1990, 104 Stat. 3096, which is classified generally to chapter 56A (Sec. 2921 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2921 of this title and Tables.
Landsat Remote-Sensing Satellite Program. Pub. L. 103-139, title VIII, Sec. 8060, Nov. 11, 1993, 107 Stat. 1453, authorized Department of Defense to develop and procure the Landsat 7 vehicle, prior to repeal by Pub. L. 103-335, title VIII, Sec. 8051, Sept. 30, 1994, 108 Stat. 2629. Similar provisions were contained in the following prior acts: Pub. L. 102-484, div. A, title II, Sec. 243, Oct. 23, 1992, 106 Stat. 2360, as amended by Pub. L. 103-35, title II, Sec. 202(a)(3), May 31, 1993, 107 Stat. 101. Pub. L. 102-396, title IX, Sec. 9082A, Oct. 6, 1992, 106 Stat. 1920.
Sec. 5612. Procurement of Landsat 7
(a) Contract negotiations
The Landsat Program Management shall, subject to appropriations and only under the existing contract authority of the United States Government agencies that compose the Landsat Program Management, expeditiously contract with a United States private sector entity for the development and delivery of Landsat 7.
(b) Development and delivery 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;
(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 shall 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 section.
(d) United States private sector entities
The Landsat Program Management shall, for purposes of this chapter, define the term ”United States private sector entities”, taking into account the location of operations, assets, personnel, and other such factors. (Pub. L. 102-555, title I, Sec. 102, Oct. 28, 1992, 106 Stat. 4168.)
Sec. 5613. Data policy for Landsat 4 through 6
(a) Contract negotiations
Within 30 days after October 28, 1992, 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 5615 of this title) by the date of initial operation of Landsat 7. Conditions of the phased arrangement should require that the Landsat 6 contractor adopt provisions so that by the 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 from the Landsat data archives, will be made available to educational institutions exclusively for noncommercial, educational purposes at the cost of fulfilling user requests;
(3) Landsat data users are able to acquire unenhanced data contained in the collective archives of foreign ground stations as easily and affordably as practicable;
(4) adequate data necessary to meet the needs of global environmental change researchers and national security users are acquired;
(5) the United States Government and its affiliated users shall not be prohibited from reproduction or dissemination of unenhanced data to other agencies of the United States Government and other affiliated users, on the condition that such unenhanced data are used solely for noncommercial purposes;
(6) nonprofit, public interest entities receive vouchers, data grants, or other such means of providing them with unenhanced data at the cost of fulfilling 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 subsection (a) of this section 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) of this section, 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
(3) the establishment of an Alternative private sector mechanism for the marketing and commercial distribution of such data.
(Pub. L. 102-555, title I, Sec. 103, Oct. 28, 1992, 106 Stat. 4168.)
Sec. 5614. 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 5611 of this title.
(Pub. L. 102-555, title I, Sec. 104, Oct. 28, 1992, 106 Stat. 4170.)
Sec. 5615. Data policy for Landsat 7
(a) Landsat 7 data policy
The Landsat Program Management, in consultation with other appropriate United States Government agencies, shall develop a data policy for Landsat 7 which should –
(1) ensure that unenhanced data are available to all users at the cost of fulfilling user requests;
(2) ensure timely and dependable delivery of unenhanced data to the full spectrum of civilian, national security, commercial, and foreign users and the National Satellite Land 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 with the Earth Observing System Data and Information System.
(b) Additional data policy considerations
In addition, the data policy for Landsat 7 may provide for –
(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 by 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.
(c) Landsat 7 Data Policy Plan
Not later than July 15, 1994, the Landsat Program Management shall develop and submit to Congress a report that contains a Landsat 7 Data Policy Plan. This plan shall define the roles and responsibilities of the various public and private sector entities 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) of this section, and annually thereafter until the launch of Landsat 7, the Landsat Program Management, in consultation with representatives of appropriate United States Government agencies, shall 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
(2) provides justification for any elements of the Landsat 7 data policy which are not consistent with the provisions of subsection (a) of this section.
(Pub. L. 102-555, title I, Sec. 105, Oct. 28, 1992, 106 Stat. 4170.)
SUBCHAPTER III – RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Sec. 5631. Continued Federal research and development
(a) Roles of NASA and Department of Defense
(1) The Administrator and the 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, including 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, universities, non-profit organizations, State and local governments, 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 the Interior
(1) In order to enhance the ability 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 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.
(c) Role of other Federal agencies
Other United States Government agencies are authorized and encouraged to conduct research and development on the use of remote sensing in the fulfillment of their authorized missions, using funds appropriated for such purposes.
(Pub. L. 102-555, title III, Sec. 301, Oct. 28, 1992, 106 Stat. 4174.)
Sec. 5632. 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 5633 of this title, 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 5633 of this title shall, to the extent practicable, be made available on terms that would not adversely affect the commercial market for unenhanced data gathered by the Landsat 6 spacecraft.
(Pub. L. 102-555, title III, Sec. 302, Oct. 28, 1992, 106 Stat. 4174.)
Sec. 5633. Technology demonstration program
(a) Establishment
As a fundamental component of a national land remote sensing strategy, the President shall establish, through appropriate United States Government agencies, a technology demonstration program. The goals of such programs shall be to –
(1) seek to launch advanced land remote sensing system components within 5 years after October 28, 1992;
(2) demonstrate within such 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 the Landsat system projected to be in operation through the year 2000, and that therefore holds greater potential for private sector investment and control.
(b) Execution of program
In executing the technology demonstration program, the President shall seek to apply technologies associated with United States National Technical Means of intelligence gathering, to the extent that such technologies are appropriate for the 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 established under subsection (a) of this section shall be designed to be responsive to the broad civilian, national security, commercial, and foreign policy 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 progress of the technology demonstration program under this section and, within 2 years after October 28, 1992, submit a report to the Congress on such progress.
(Pub. L. 102-555, title III, Sec. 303, Oct. 28, 1992, 106 Stat. 4174.)
SUBCHAPTER IV – ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENSING SYSTEM
Sec. 5641. Assessing options for successor land remote sensing system
(a) Assessment
Within 5 years after October 28, 1992, 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 disadvantages 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
(4) a cooperative effort between the United States Government and the private sector for the funding and management of a successor land remote sensing system.
(b) Goals
In carrying out subsection (a) of this section, the Landsat Program 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 policy 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 enhancements developed under the technology demonstration program under section 5633 of this title, which may potentially yield a system that is less expensive to build and operate, and more responsive to data users, than is the Landsat system projected to be in operation through the year 2000.
(c) Preference for private sector system
If a successor land remote sensing system to Landsat 7 can be funded and managed by the private sector while still achieving the goals stated in subsection (b) of this section without jeopardizing the domestic, national security, and foreign policy interests of the United States, preference should be given to the development of such a system by the private sector without competition from the United States Government.
(Pub. L. 102-555, title IV, Sec. 401, Oct. 28, 1992, 106 Stat. 4175.)
View the full article
-
By NASA
(a) Acquisition from commercial providers. The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the National Aeronautics and Space Administration, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost effective, space science data from a commercial provider.
(b) Treatment of space science data as commercial item under acquisition laws Acquisitions of space science data by the Administrator shall be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10). For purposes of such law and regulations, space science data shall be considered to be a commercial item. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities.
(c) Definition. For purposes of this section, the term ”space science data” includes scientific data concerning – (1) the elemental and mineralogical resources of the moon, asteroids, planets and their moons, and comets; (2) microgravity acceleration; and (3) solar storm monitoring.
(d) Safety standards. Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards.
(e) Limitation. This section does not authorize the National Aeronautics and Space Administration to provide financial assistance for the development of commercial systems for the collection of space science data.
-SOURCE-
(Pub. L. 105-303, title I, Sec. 105, Oct. 28, 1998, 112 Stat. 2852.)
View the full article
-
By NASA
SUBCHAPTER I – LANDSAT
Sec. 5601. Findings
The Congress finds and declares the following:
(1) The continuous collection and utilization of land remote sensing data from space are of major benefit in studying and understanding human 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 importance.
(2) The Federal Government’s Landsat system established the United States as the world leader in land remote sensing technology.
(3) The national interest of the United States lies in maintaining international leadership in 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) Full 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 jeopardized United States leadership in land remote sensing.
(8) Recognizing the importance of the Landsat program in helping to meet national and commercial objectives, the President approved, on February 11, 1992, a National Space Policy Directive which was developed by the National Space Council and commits the United States to ensuring the continuity of Landsat coverage into the 21st century.
(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.
(10) Regardless of management responsibilities for the Landsat program, the Nation’s broad civilian, national security, commercial, and foreign policy interests in remote sensing will best be served by ensuring that Landsat remains an unclassified program that operates according to the principles of open skies and nondiscriminatory access.
(11) Technological advances aimed at reducing the size and weight of satellite systems hold the 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 follow-on spacecraft to Landsat 7, while also helping to determine whether such a spacecraft should be funded 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 available, at a minimum, to United States Government agencies, to global environmental change researchers, and to other researchers 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 unenhanced data and value-added services, the United States Government should adopt a data policy for Landsat 7 which allows competition within the private sector for distribution of unenhanced data and value-added services.
(15) Development of the remote sensing market and the provision of commercial value-added services based on remote sensing data should remain 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.
(Pub. L. 102-555, Sec. 2, Oct. 28, 1992, 106 Stat. 4163.)
Land Remote Sensing Policy Act of 1992
Short Title: Section 1 of Pub. L. 102-555 provided that: “This Act [enacting this chapter and repealing chapter 68 (Sec. 4201 et seq.) of this title] may be cited as the `Land Remote Sensing Policy Act of 1992′.”
Sec. 5602. Definitions
In this chapter, 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, amortization, 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 acquisition and availability of unenhanced data which are, from the point of view of the user
(A) sufficiently consistent (in terms of acquisition geometry, coverage characteristics, and spectral characteristics) with previous Landsat data to allow comparisons for global and regional change detection and characterization; and
(B) compatible with such data and with methods used to receive and process such data.
(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 Earth; and
(C) calibration of spectral response with respect to such data, but does not include conclusions, manipulations, or calculations derived from 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 Administrator and the Secretary of Defense pursuant to section 5611(a) of this title; 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 responsible for the Landsat program.
(7) The term ”Landsat system” means Landsats 1, 2, 3, 4, 5, and 6, and any follow-on land remote sensing system operated and owned by the United States Government, along with any related ground equipment, 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 Secretary of the Interior pursuant to the archival responsibilities defined in section 5652 of this title.
(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 commercial contract, development of a 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 method of public release, except when such disclosure by the United States Government or its contractors would adversely affect the national security or foreign policy of the United States or violate a provision of law or regulation; and
(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 Commerce.
(13) The term ”unenhanced data” means land remote sensing signals or imagery products that are unprocessed or subject only to data preprocessing.
(14) The term ”United States Government and its affiliated users” means –
(A) United States Government agencies;
(B) researchers involved with the United States Global Change Research Program and its international counterpart programs; and
(C) other researchers and international entities that have signed with the United States Government a cooperative agreement involving the use of Landsat data for noncommercial purposes.
(Pub. L. 102-555, Sec. 3, Oct. 28, 1992, 106 Stat. 4164.)
Sec. 5611. Landsat Program Management
(a) Establishment
The Administrator and the Secretary of Defense shall be responsible for management of the Landsat program. Such responsibility shall be carried out by establishing an integrated program management structure for the Landsat system.
(b) Management plan
The Administrator, the Secretary of Defense, 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 (FOOTNOTE 1) of the appropriate United States Government agencies. The management plan shall – (FOOTNOTE 1) So in original. Probably should not be capitalized.
(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, at a minimum, functionally equivalent to the Landsat 6 satellite, with the addition of a tracking and data relay satellite communications capability;
(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; (3) specify that any improvements over the Landsat 6 functional equivalent capability for Landsat 7 will be funded by a specific sponsoring agency or agencies, in a manner agreed to by the Landsat Program Management, if the required funding 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 of 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 5656(a) and (b) of this title, no restrictions are placed on the availability of unenhanced data;
(4) ensuring that land remote sensing data of high priority locations will be acquired by the Landsat 7 system as required to meet the needs of the United States Global Change Research Program, as established in the Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.), and to meet the needs of national security users;
(5) Landsat data responsibilities pursuant to this chapter;
(6) oversight of Landsat contracts entered into under sections 5612 and 5613 of this title;
(7) coordination of a technology demonstration program, pursuant to section 5633 of this title; 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 Management may, subject to appropriations and only under the existing contract authority of the United States Government agencies that compose the Landsat Program Management, enter into contracts with the private sector for services such as, but not limited to, satellite operations and data preprocessing.
(e) Landsat advisory process
(1) Establishment
The Landsat Program Management shall seek impartial advice and comments regarding the status, effectiveness, and operation of the Landsat system, using existing advisory committees and other appropriate mechanisms. Such advice shall be sought from individuals who represent –
(A) a broad range of perspectives on basic and applied science and operational needs with respect to land remote sensing data;
(B) the full spectrum of users of Landsat data, including representatives from United States Government agencies, State and local government agencies, academic institutions, nonprofit organizations, value-added companies, the agricultural, mineral extraction, and other user industries, and the public, and
(C) a broad diversity of age groups, sexes, and races.
(2) Reports
Within 1 year after October 28, 1992, 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 paragraph (1); and
(B) includes –
(i) a response to the public comments received pursuant to paragraph (1);
(ii) information on the volume of use, by category, of data from the Landsat system; and
(iii) any recommendations for policy or programmatic changes to improve the utility and operation of the Landsat system.
(Pub. L. 102-555, title I, Sec. 101, Oct. 28, 1992, 106 Stat. 4166.)
References in Text
The Global Change Research Act of 1990, referred to in subsec. (c)(4), is Pub. L. 101-606, Nov. 16, 1990, 104 Stat. 3096, which is classified generally to chapter 56A (Sec. 2921 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2921 of this title and Tables.
Landsat Remote-Sensing Satellite Program. Pub. L. 103-139, title VIII, Sec. 8060, Nov. 11, 1993, 107 Stat. 1453, authorized Department of Defense to develop and procure the Landsat 7 vehicle, prior to repeal by Pub. L. 103-335, title VIII, Sec. 8051, Sept. 30, 1994, 108 Stat. 2629. Similar provisions were contained in the following prior acts: Pub. L. 102-484, div. A, title II, Sec. 243, Oct. 23, 1992, 106 Stat. 2360, as amended by Pub. L. 103-35, title II, Sec. 202(a)(3), May 31, 1993, 107 Stat. 101. Pub. L. 102-396, title IX, Sec. 9082A, Oct. 6, 1992, 106 Stat. 1920.
Sec. 5612. Procurement of Landsat 7
(a) Contract negotiations
The Landsat Program Management shall, subject to appropriations and only under the existing contract authority of the United States Government agencies that compose the Landsat Program Management, expeditiously contract with a United States private sector entity for the development and delivery of Landsat 7.
(b) Development and delivery 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;
(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 shall 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 section.
(d) United States private sector entities
The Landsat Program Management shall, for purposes of this chapter, define the term ”United States private sector entities”, taking into account the location of operations, assets, personnel, and other such factors. (Pub. L. 102-555, title I, Sec. 102, Oct. 28, 1992, 106 Stat. 4168.)
Sec. 5613. Data policy for Landsat 4 through 6
(a) Contract negotiations
Within 30 days after October 28, 1992, 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 5615 of this title) by the date of initial operation of Landsat 7. Conditions of the phased arrangement should require that the Landsat 6 contractor adopt provisions so that by the 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 from the Landsat data archives, will be made available to educational institutions exclusively for noncommercial, educational purposes at the cost of fulfilling user requests;
(3) Landsat data users are able to acquire unenhanced data contained in the collective archives of foreign ground stations as easily and affordably as practicable;
(4) adequate data necessary to meet the needs of global environmental change researchers and national security users are acquired;
(5) the United States Government and its affiliated users shall not be prohibited from reproduction or dissemination of unenhanced data to other agencies of the United States Government and other affiliated users, on the condition that such unenhanced data are used solely for noncommercial purposes;
(6) nonprofit, public interest entities receive vouchers, data grants, or other such means of providing them with unenhanced data at the cost of fulfilling 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 subsection (a) of this section 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) of this section, 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
(3) the establishment of an Alternative private sector mechanism for the marketing and commercial distribution of such data.
(Pub. L. 102-555, title I, Sec. 103, Oct. 28, 1992, 106 Stat. 4168.)
Sec. 5614. 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 5611 of this title.
(Pub. L. 102-555, title I, Sec. 104, Oct. 28, 1992, 106 Stat. 4170.)
Sec. 5615. Data policy for Landsat 7
(a) Landsat 7 data policy
The Landsat Program Management, in consultation with other appropriate United States Government agencies, shall develop a data policy for Landsat 7 which should –
(1) ensure that unenhanced data are available to all users at the cost of fulfilling user requests;
(2) ensure timely and dependable delivery of unenhanced data to the full spectrum of civilian, national security, commercial, and foreign users and the National Satellite Land 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 with the Earth Observing System Data and Information System.
(b) Additional data policy considerations
In addition, the data policy for Landsat 7 may provide for –
(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 by 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.
(c) Landsat 7 Data Policy Plan
Not later than July 15, 1994, the Landsat Program Management shall develop and submit to Congress a report that contains a Landsat 7 Data Policy Plan. This plan shall define the roles and responsibilities of the various public and private sector entities 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) of this section, and annually thereafter until the launch of Landsat 7, the Landsat Program Management, in consultation with representatives of appropriate United States Government agencies, shall 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
(2) provides justification for any elements of the Landsat 7 data policy which are not consistent with the provisions of subsection (a) of this section.
(Pub. L. 102-555, title I, Sec. 105, Oct. 28, 1992, 106 Stat. 4170.)
SUBCHAPTER III – RESEARCH, DEVELOPMENT, AND DEMONSTRATION
Sec. 5631. Continued Federal research and development
(a) Roles of NASA and Department of Defense
(1) The Administrator and the 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, including 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, universities, non-profit organizations, State and local governments, 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 the Interior
(1) In order to enhance the ability 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 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.
(c) Role of other Federal agencies
Other United States Government agencies are authorized and encouraged to conduct research and development on the use of remote sensing in the fulfillment of their authorized missions, using funds appropriated for such purposes.
(Pub. L. 102-555, title III, Sec. 301, Oct. 28, 1992, 106 Stat. 4174.)
Sec. 5632. 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 5633 of this title, 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 5633 of this title shall, to the extent practicable, be made available on terms that would not adversely affect the commercial market for unenhanced data gathered by the Landsat 6 spacecraft.
(Pub. L. 102-555, title III, Sec. 302, Oct. 28, 1992, 106 Stat. 4174.)
Sec. 5633. Technology demonstration program
(a) Establishment
As a fundamental component of a national land remote sensing strategy, the President shall establish, through appropriate United States Government agencies, a technology demonstration program. The goals of such programs shall be to –
(1) seek to launch advanced land remote sensing system components within 5 years after October 28, 1992;
(2) demonstrate within such 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 the Landsat system projected to be in operation through the year 2000, and that therefore holds greater potential for private sector investment and control.
(b) Execution of program
In executing the technology demonstration program, the President shall seek to apply technologies associated with United States National Technical Means of intelligence gathering, to the extent that such technologies are appropriate for the 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 established under subsection (a) of this section shall be designed to be responsive to the broad civilian, national security, commercial, and foreign policy 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 progress of the technology demonstration program under this section and, within 2 years after October 28, 1992, submit a report to the Congress on such progress.
(Pub. L. 102-555, title III, Sec. 303, Oct. 28, 1992, 106 Stat. 4174.)
SUBCHAPTER IV – ASSESSING OPTIONS FOR SUCCESSOR LAND REMOTE SENSING SYSTEM
Sec. 5641. Assessing options for successor land remote sensing system
(a) Assessment
Within 5 years after October 28, 1992, 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 disadvantages 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
(4) a cooperative effort between the United States Government and the private sector for the funding and management of a successor land remote sensing system.
(b) Goals
In carrying out subsection (a) of this section, the Landsat Program 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 policy 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 enhancements developed under the technology demonstration program under section 5633 of this title, which may potentially yield a system that is less expensive to build and operate, and more responsive to data users, than is the Landsat system projected to be in operation through the year 2000.
(c) Preference for private sector system
If a successor land remote sensing system to Landsat 7 can be funded and managed by the private sector while still achieving the goals stated in subsection (b) of this section without jeopardizing the domestic, national security, and foreign policy interests of the United States, preference should be given to the development of such a system by the private sector without competition from the United States Government.
(Pub. L. 102-555, title IV, Sec. 401, Oct. 28, 1992, 106 Stat. 4175.)
View the full article
-
By NASA
42 USC Sec. 2466 Shuttle pricing policy; Congressional findings and declaration of purpose
The Congress finds and declares that – (1) the Space Transportation System is a vital element of the United States space program, contributing to the United States leadership in space research, technology, and development; (2) the Space Transportation System is the primary space launch system for both United States national security and civil government missions; (3) the Space Transportation System contributes to the expansion of United States private sector investment and involvement in space and therefore should serve commercial users; (4) the availability of the Space Transportation System to foreign users for peaceful purposes is an important means of promoting international cooperative activities in the national interest and in maintaining access to space for activities which enhance the security and welfare of mankind; (5) the United States is committed to maintaining world leadership in space transportation; (6) making the Space Transportation System fully operational and cost effective in providing routine access to space will maximize the national economic benefits of the system; and (7) national goals and the objectives for the Space Transportation System can be furthered by a stable and fair pricing policy for the Space Transportation System.
-SOURCE-
(Pub. L. 99-170, title II, Sec. 201, Dec. 5, 1985, 99 Stat. 1017.)
CODIFICATION Section was enacted as part of the National Aeronautics and Space Administration Authorization Act of 1986, and not as part of the National Aeronautics and Space Act of 1958 which is classified principally to this chapter. -MISC3- EFFECTIVE DATE Section 205 of title II of Pub. L. 99-170 provided that: ”This title (enacting this section and sections 2466a to 2466c of this title) shall apply to flights of the Space Transportation System beginning on and after October 1, 1988
View the full article
-
By NASA
An Act
To encourage the development of a commercial space industry in the United States, and for other purposes.
Oct. 28, 1998 – [H.R. 1702]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.–This Act may be cited as the “Commercial Space Act of 1998”.
(b) Table of Contents.–
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I–PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
Sec. 101. Commercialization of Space Station.
Sec. 102. Commercial space launch amendments.
Sec. 103. Launch voucher demonstration program.
Sec. 104. Promotion of United States Global Positioning System standards.
Sec. 105. Acquisition of space science data.
Sec. 106. Administration of Commercial Space Centers.
Sec. 107. Sources of Earth science data.
TITLE II–FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
Sec. 201. Requirement to procure commercial space transportation services.
Sec. 202. Acquisition of commercial space transportation services.
Sec. 203. Launch Services Purchase Act of 1990 amendments.
Sec. 204. Shuttle privatization.
Sec. 205. Use of excess intercontinental ballistic missiles.
Sec. 206. National launch capability study.
SEC. 2. DEFINITIONS.
For purposes of this Act–
(1) the term “Administrator” means the Administrator of the National Aeronautics and Space Administration;
(2) the term “commercial provider” means any person providing space transportation services or other space-related activities, primary control of which is held by persons other than Federal, State, local, and foreign governments;
(3) the term “payload” means anything that a person undertakes to transport to, from, or within outer space, or in suborbital trajectory, by means of a space transportation vehicle, but does not include the space transportation vehicle itself except for its components which are specifically designed or adapted for that payload;
(4) the term “space-related activities” includes research and development, manufacturing, processing, service, and other associated and support activities;
(5) the term “space transportation services” means the preparation of a space transportation vehicle and its payloads for transportation to, from, or within outer space, or in suborbital trajectory, and the conduct of transporting a payload to, from, or within outer space, or in suborbital trajectory;
(6) the term “space transportation vehicle” means any vehicle constructed for the purpose of operating in, or transporting a payload to, from, or within, outer space, or in suborbital trajectory, and includes any component of such vehicle not specifically designed or adapted for a payload;
(7) the term “State” means each of the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States; and
(8) the term “United States commercial provider” means a commercial provider, organized under the laws of the United States or of a State, which is–
(A) more than 50 percent owned by United States nationals; or
(B) a subsidiary of a foreign company and the Secretary of Transportation finds that–
(i) such subsidiary has in the past evidenced a substantial commitment to the United States market through–
(I) investments in the United States in long-term research, development, and manufacturing (including the manufacture of major components and subassemblies);
and
(II) significant contributions to employment in the United States; and
(ii) the country or countries in which such foreign company is incorporated or organized, and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (A) comparable to that afforded to such foreign company’s subsidiary in the United States, as evidenced by–
(I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government sponsored research and development similar to that authorized under this Act;
(II) providing no barriers, to companies described in subparagraph (A) with respect to local investment opportunities, that are not provided to foreign companies in the United States;
and
(III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (A).
TITLE I–PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
SEC. 101. COMMERCIALIZATION OF SPACE STATION.
(a) Policy.–The Congress declares that a priority goal of constructing the International Space Station is the economic development of Earth orbital space. The Congress further declares that free and competitive markets create the most efficient conditions for promoting economic development, and should therefore govern the economic development of Earth orbital space. The Congress further declares that the use of free market principles in operating, servicing, allocating the use of, and adding capabilities to the Space Station, and the resulting fullest possible engagement of commercial providers and participation of commercial users, will reduce Space Station operational costs for all partners and the Federal Government’s share of the United States burden to fund operations.
(b) Reports.–(1) The Administrator shall deliver to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, within 90 days after the date of the enactment of this Act, a study that identifies and examines–
(A) the opportunities for commercial providers to play a role in International Space Station activities, including operation, use, servicing, and augmentation;
(B) the potential cost savings to be derived from commercial providers playing a role in each of these activities;
(C) which of the opportunities described in subparagraph (A) the Administrator plans to make available to commercial providers in fiscal years 1999 and 2000;
(D) the specific policies and initiatives the Administrator is advancing to encourage and facilitate these commercial opportunities; and
(E) the revenues and cost reimbursements to the Federal Government from commercial users of the Space Station.
(2) The Administrator shall deliver to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, within 180 days after the date of the enactment of this Act, an independently conducted market study that examines and evaluates potential industry interest in providing commercial goods and services for the operation, servicing, and augmentation of the International Space Station, and in the commercial use of the International Space Station. This study shall also include updates to the cost savings and revenue estimates made in the study described in paragraph (1) based on the external market assessment.
(3) The Administrator shall deliver to the Congress, no later than the submission of the President’s annual budget request for fiscal year 2000, a report detailing how many proposals (whether solicited or not) the National Aeronautics and Space Administration received during calendar years 1997 and 1998 regarding commercial operation, servicing, utilization, or augmentation of the International Space Station, broken down by each of these four categories, and specifying how many agreements the National Aeronautics and Space Administration has entered into in response to these proposals, also broken down by these four categories.
(4) Each of the studies and reports required by paragraphs (1), (2), and (3) shall include consideration of the potential role of State governments as brokers in promoting commercial participation in the International Space Station program.
SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS.
(a) Amendments.–Chapter 701 of title 49, United States Code, is amended–
(1) in the table of sections–
(A) by amending the item relating to section 70104 to read as follows:
“70104. Restrictions on launches, operations, and reentries.”;
(B) by amending the item relating to section 70108 to read as follows:
“70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries.”;
(C) by amending the item relating to section 70109 to read as follows:
“70109. Preemption of scheduled launches or reentries.”;
and
(D) by adding at the end the following new items:
“70120. Regulations. “70121. Report to Congress.”.
(2) in section 70101–
(A) by inserting “microgravity research,” after “information services,” in subsection (a)(3);
(B) by inserting “, reentry,” after “launching” both places it appears in subsection (a)(4);
(C) by inserting “, reentry vehicles,” after “launch vehicles” in subsection (a)(5);
(D) by inserting “and reentry services” after “launch services” in subsection (a)(6);
(E) by inserting “, reentries,” after “launches” both places it appears in subsection (a)(7);
(F) by inserting “, reentry sites,” after “launch sites” in subsection (a)(8);
(G) by inserting “and reentry services” after “launch services” in subsection (a)(8);
(H) by inserting “reentry sites,” after “launch sites,” in subsection (a)(9);
(I) by inserting “and reentry site” after “launch site” in subsection (a)(9);
(J) by inserting “, reentry vehicles,” after “launch vehicles” in subsection (b)(2);
(K) by striking “launch” in subsection (b)(2)(A);
(L) by inserting “and reentry” after “conduct of commercial launch” in subsection (b)(3);
(M) by striking “launch” after “and transfer commercial” in subsection (b)(3); and
(N) by inserting “and development of reentry sites,” after “launch-site support facilities,” in subsection (b)(4);
(3) in section 70102–
(A) in paragraph (3)–
(i) by striking “and any payload” and inserting in lieu thereof “or reentry vehicle and any payload from Earth”;
(ii) by striking the period at the end of subparagraph (C) and inserting in lieu thereof a comma; and
(iii) by adding after subparagraph (C) the following:
“including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States.”;
(B) by inserting “or reentry vehicle” after “means of a launch vehicle” in paragraph (8);
(C) by redesignating paragraphs (10), (11), and (12) as paragraphs (14), (15), and (16), respectively;
(D) by inserting after paragraph (9) the following new paragraphs:
“(10) ‘reenter’ and `reentry’ mean to return or attempt to return, purposefully, a reentry vehicle and its payload, if any, from Earth orbit or from outer space to Earth. “(11) ‘reentry services’ means– “(A) activities involved in the preparation of a reentry vehicle and its payload, if any, for reentry; and “(B) the conduct of a reentry. “(12) ‘reentry site’ means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter). “(13) ‘reentry vehicle’ means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially intact.”; and
(E) by inserting “or reentry services” after “launch services” each place it appears in paragraph (15), as so redesignated by subparagraph (C) of this paragraph;
(4) in section 70103(b)–
(A) by inserting “and Reentries” after “Launches” in the subsection heading;
(B) by inserting “and reentries” after “commercial space launches” in paragraph (1); and
(C) by inserting “and reentry” after “space launch” in paragraph (2);
(5) in section 70104–
(A) by amending the section designation and heading to read as follows:
“Sec. 70104. Restrictions on launches, operations, and reentries”;
(B) by inserting “or reentry site, or to reenter a reentry vehicle,” after “operate a launch site” each place it appears in subsection (a);
(C) by inserting “or reentry” after “launch or operation” in subsection (a)(3) and (4);
(D) in subsection (b)–
(i) by striking “launch license” and inserting in lieu thereof “license”;
(ii) by inserting “or reenter” after “may launch”; and
(iii) by inserting “or reentering” after “related to launching”; and
(E) in subsection (c)–
(i) by amending the subsection heading to read as follows: “Preventing Launches and Reentries.– ”;
(ii) by inserting “or reentry” after “prevent the launch”; and
(iii) by inserting “or reentry” after “decides the launch”;
(6) in section 70105–
(A) by inserting “(1)” before “A person may apply” in subsection (a);
(B) by striking “receiving an application” both places it appears in subsection (a) and inserting in lieu thereof “accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D)”;
(C) NOTE: Notice. Deadline. by adding at the end of subsection (a) the following: “The Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 30 days after any occurrence when a license is not issued within the deadline established by this subsection.
“(2) In carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel that may be used in conducting licensed commercial space launch or reentry activities.”;
(D) by inserting “or a reentry site, or the reentry of a reentry vehicle,” after “operation of a launch site” in subsection (b)(1);
(E) by striking “or operation” and inserting in lieu thereof “, operation, or reentry” in subsection (b)(2)(A);
(F) by striking “and” at the end of subsection (b)(2)(B);
(G) by striking the period at the end of subsection (b)(2)(C) and inserting in lieu thereof “; and”;
(H) by adding at the end of subsection (b)(2) the following new subparagraph:
“(D) regulations establishing criteria for accepting or rejecting an application for a license under this chapter within 60 days after receipt of such application.”; and (I) by inserting “, including the requirement to obtain a license,” after “waive a requirement” in subsection (b)(3);
(7) in section 70106(a)–
(A) by inserting “or reentry site” after “observer at a launch site”;
(B) by inserting “or reentry vehicle” after “assemble a launch vehicle”; and
(C) by inserting “or reentry vehicle” after “with a launch vehicle”;
(8) in section 70108–
(A) by amending the section designation and heading to read as follows:
“Sec. 70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries”;
and
(B) in subsection (a)–
(i) by inserting “or reentry site, or reentry of a reentry vehicle,” after “operation of a launch site”; and
(ii) by inserting “or reentry” after “launch or operation”;
(9) in section 70109–
(A) by amending the section designation and heading to read as follows:
“Sec. 70109. Preemption of scheduled launches or reentries”;
(B) in subsection (a)–
(i) by inserting “or reentry” after “ensure that a launch”;
(ii) by inserting “, reentry site,” after “United States Government launch site”;
(iii) by inserting “or reentry date commitment” after “launch date commitment”;
(iv) by inserting “or reentry” after “obtained for a launch”;
(v) by inserting “, reentry site,” after “access to a launch site”;
(vi) by inserting “, or services related to a reentry,” after “amount for launch services”; and
(vii) by inserting “or reentry” after “the scheduled launch”; and
(C) in subsection (c), by inserting “or reentry” after “prompt launching”;
(10) in section 70110–
(A) by inserting “or reentry” after “prevent the launch” in subsection (a)(2); and
(B) by inserting “or reentry site, or reentry of a reentry vehicle,” after “operation of a launch site” in subsection (a)(3)(B);
(11) in section 70111–
(A) by inserting “or reentry” after “launch” in subsection (a)(1)(A);
(B) by inserting “and reentry services” after “launch services” in subsection (a)(1)(B);
(C) by inserting “or reentry services” after “or launch services” in subsection (a)(2);
(D) by striking “source.” in subsection (a)(2) and inserting “source, whether such source is located on or off a Federal range.”;
(E) by inserting “or reentry” after “commercial launch” both places it appears in subsection (b)(1);
(F) by inserting “or reentry services” after “launch services” in subsection (b)(2)(C);
(G) by inserting after subsection (b)(2) the following new paragraph:
“(3) The Secretary shall ensure the establishment of uniform guidelines for, and consistent implementation of, this section by all Federal agencies.”;
(H) by striking “or its payload for launch” in subsection (d) and inserting in lieu thereof “or reentry vehicle, or the payload of either, for launch or reentry”; and
(I) by inserting “, reentry vehicle,” after “manufacturer of the launch vehicle” in subsection (d);
(12) in section 70112–
(A) in subsection (a)(1), by inserting “launch or reentry” after “(1) When a”;
(B) by inserting “or reentry” after “one launch” in subsection (a)(3);
(C) by inserting “or reentry services” after “launch services” in subsection (a)(4);
(D) in subsection (b)(1), by inserting “launch or reentry” after “(1) A”;
(E) by inserting “or reentry services” after “launch services” each place it appears in subsection (b);
(F) by inserting “applicable” after “carried out under the” in paragraphs (1) and (2) of subsection (b);
(G) by inserting “or Reentries” after “Launches” in the heading for subsection (e);
(H) by inserting “or reentry site or a reentry” after “launch site” in subsection (e); and
(I) in subsection (f ), by inserting “launch or reentry” after “carried out under a”;
(13) in section 70113(a)(1) and (d)(1) and (2), by inserting “or reentry” after “one launch” each place it appears;
(14) in section 70115(b)(1)(D)(i)–
(A) by inserting “reentry site,” after “launch site,”; and
(B) by inserting “or reentry vehicle” after “launch vehicle” both places it appears;
(15) in section 70117–
(A) by inserting “or reentry site, or to reenter a reentry vehicle” after “operate a launch site” in subsection (a);
(B) by inserting “or reentry” after “approval of a space launch” in subsection (d);
(C) by amending subsection (f ) to read as follows:
“(f ) Launch Not an Export; Reentry Not an Import.–A launch vehicle, reentry vehicle, or payload that is launched or reentered is not, because of the launch or reentry, an export or import, respectively, for purposes of a law controlling exports or imports, except that payloads launched pursuant to foreign trade zone procedures as provided for under the Foreign Trade Zones Act (19 U.S.C. 81a-81u) shall be considered exports with regard to customs entry.”; and (D) in subsection (g)–
(i) by striking “operation of a launch vehicle or launch site,” in paragraph (1) and inserting in lieu thereof “reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site,”; and
(ii) by inserting “reentry,” after “launch,” in paragraph (2); and (16) by adding at the end the following new sections:
“Sec. 70120. Regulations
“(a) In General.–The Secretary of Transportation, within 9 months after the date of the enactment of this section, shall issue regulations to carry out this chapter that include–
“(1) guidelines for industry and State governments to obtain sufficient insurance coverage for potential damages to third parties;
“(2) procedures for requesting and obtaining licenses to launch a commercial launch vehicle;
“(3) procedures for requesting and obtaining operator licenses for launch;
“(4) procedures for requesting and obtaining launch site operator licenses; and
“(5) procedures for the application of government indemnification.
“(b) Reentry.–The Secretary of Transportation, within 6 months after the date of the enactment of this section, shall issue a notice of proposed rulemaking to carry out this chapter that includes–
“(1) procedures for requesting and obtaining licenses to reenter a reentry vehicle;
“(2) procedures for requesting and obtaining operator licenses for reentry; and
“(3) procedures for requesting and obtaining reentry site operator licenses.
“Sec. 70121. Report to Congress
“The Secretary of Transportation shall submit to Congress an annual report to accompany the President’s budget request that–
“(1) describes all activities undertaken under this chapter, including a description of the process for the application for and approval of licenses under this chapter and recommendations for legislation that may further commercial launches and reentries; and
“(2) reviews the performance of the regulatory activities and the effectiveness of the Office of Commercial Space Transportation.”.
(b) Authorization of Appropriations.–Section 70119 of title 49, United States Code, is amended to read as follows:
“Sec. 70119. Authorization of appropriations
“There are authorized to be appropriated to the Secretary of Transportation for the activities of the Office of the Associate Administrator for Commercial Space Transportation–
(1) $6,275,000 for the fiscal year ending September 30, 1999; and
(2) $6,600,000 for the fiscal year ending September 30, 2000.”.
(c) Effective Date.–The amendments made by subsection (a)(6)(B) shall take effect upon the effective date of final regulations issued pursuant to section 70105(b)(2)(D) of title 49, United States Code, as added by subsection (a)(6)(H).
SEC. 103. LAUNCH VOUCHER DEMONSTRATION PROGRAM.
Section 504 of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 (15 U.S.C. 5803) is amended–
(1) in subsection (a)–
(A) by striking “the Office of Commercial Programs within”; and
(B) by striking “Such program shall not be effective after September 30, 1995.”;
(2) by striking subsection (c); and
(3) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.
(a) Finding.–The Congress finds that the Global Positioning System, including satellites, signal equipment, ground stations, data links, and associated command and control facilities, has become an essential element in civil, scientific, and military space development because of the emergence of a United States commercial industry which provides Global Positioning System equipment and related services.
(b) International Cooperation.–In order to support and sustain the Global Positioning System in a manner that will most effectively contribute to the national security, public safety, scientific, and economic interests of the United States, the Congress encourages the President to–
(1) ensure the operation of the Global Positioning System on a continuous worldwide basis free of direct user fees;
(2) enter into international agreements that promote cooperation with foreign governments and international organizations to–
(A) establish the Global Positioning System and its augmentations as an acceptable international standard; and
(B) eliminate any foreign barriers to applications of the Global Positioning System worldwide; and
(3) provide clear direction and adequate resources to the Assistant Secretary of Commerce for Communications and Information so that on an international basis the Assistant Secretary can–
(A) achieve and sustain efficient management of the electromagnetic spectrum used by the Global Positioning System; and
(B) protect that spectrum from disruption and interference.
(a) Acquisition From Commercial Providers.–The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the National Aeronautics and Space Administration, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost effective, space science data from a commercial provider.
(b) Treatment of Space Science Data as Commercial Item Under Acquisition Laws.–Acquisitions of space science data by the Administrator shall be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10, United States Code). For purposes of such law and regulations, space science data shall be considered to be a commercial item. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities.
(c) Definition.–For purposes of this section, the term “space science data” includes scientific data concerning–
(1) the elemental and mineralogical resources of the moon, asteroids, planets and their moons, and comets;
(2) microgravity acceleration; and
(3) solar storm monitoring.
(d) Safety Standards.–Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards.
(e) Limitation.–This section does not authorize the National Aeronautics and Space Administration to provide financial assistance for the development of commercial systems for the collection of space science data.
SEC. 106. ADMINISTRATION OF COMMERCIAL SPACE CENTERS.
The Administrator shall administer the Commercial Space Center program in a coordinated manner from National Aeronautics and Space Administration headquarters in Washington, D.C.
SEC. 107. SOURCES OF EARTH SCIENCE DATA.
(a) Acquisition.–The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the National Aeronautics and Space Administration, and where appropriate, of other Federal agencies and scientific researchers, acquire, where cost- effective, space-based and airborne Earth remote sensing data, services, distribution, and applications from a commercial provider.
(b) Treatment as Commercial Item Under Acquisition Laws.–
Acquisitions by the Administrator of the data, services, distribution, and applications referred to in subsection (a) shall be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10, United States Code). For purposes of such law and regulations, such data, services, distribution, and applications shall be considered to be a commercial item. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities.
(c) Study.–(1) The Administrator shall conduct a study to determine the extent to which the baseline scientific requirements of Earth Science can be met by commercial providers, and how the National Aeronautics and Space Administration will meet such requirements which cannot be met by commercial providers.
(2) The study conducted under this subsection shall–
(A) make recommendations to promote the availability of information from the National Aeronautics and Space Administration to commercial providers to enable commercial providers to better meet the baseline scientific requirements of Earth Science;
(B) make recommendations to promote the dissemination to commercial providers of information on advanced technology research and development performed by or for the National Aeronautics and Space Administration; and
(C) identify policy, regulatory, and legislative barriers to the implementation of the recommendations made under this subsection.
(3) The results of the study conducted under this subsection shall be transmitted to the Congress within 6 months after the date of the enactment of this Act.
(d) Safety Standards.–Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards.
(e) Administration and Execution.–This section shall be carried out as part of the Commercial Remote Sensing Program at the Stennis Space Center.
(f ) Remote Sensing.–
(1) Application contents.–Section 201(b) of the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5621(b)) is amended–
(A) by inserting “(1)” after “National Security.–”; and
(B) by adding at the end the following new paragraph:
“(2) <<NOTE: Federal Register, publication.>> The Secretary, within 6 months after the date of the enactment of the Commercial Space Act of 1998, shall publish in the Federal Register a complete and specific list of all information required to comprise a complete application for a license under this title. An application shall be considered complete when the applicant has provided all information required by the list most recently published in the Federal Register before the date the application was first submitted. Unless the Secretary has, within 30 days after receipt of an application, notified the applicant of information necessary to complete an application, the Secretary may not deny the application on the basis of the absence of any such information.”.
(2) Notification of agreements.–Section 202(b)(6) of the Land Remote Sensing Policy Act of 1992 (15 U.S.C. 5622(b)(6)) is amended by inserting “significant or substantial” after “Secretary of any”.
TITLE II–FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES
(a) In General.–Except as otherwise provided in this section, the Federal Government shall acquire space transportation services from United States commercial providers whenever such services are required in the course of its activities. To the maximum extent practicable, the Federal Government shall plan missions to accommodate the space transportation services capabilities of United States commercial providers.
(b) Exceptions.–The Federal Government shall not be required to acquire space transportation services under subsection (a) if, on a case-by-case basis, the Administrator or, in the case of a national security issue, the Secretary of the Air Force, determines that–
(1) a payload requires the unique capabilities of the Space Shuttle;
(2) cost effective space transportation services that meet specific mission requirements would not be reasonably available from United States commercial providers when required;
(3) the use of space transportation services from United States commercial providers poses an unacceptable risk of loss of a unique scientific opportunity;
(4) the use of space transportation services from United States commercial providers is inconsistent with national security objectives;
(5) the use of space transportation services from United States commercial providers is inconsistent with international agreements for international collaborative efforts relating to science and technology;
(6) it is more cost effective to transport a payload in conjunction with a test or demonstration of a space transportation vehicle owned by the Federal Government; or
(7) a payload can make use of the available cargo space on a Space Shuttle mission as a secondary payload, and such payload is consistent with the requirements of research, development, demonstration, scientific, commercial, and educational programs authorized by the Administrator. Nothing in this section shall prevent the Administrator from planning or negotiating agreements with foreign entities for the launch of Federal Government payloads for international collaborative efforts relating to science and technology.
(c) Delayed Effect.–Subsection (a) shall not apply to space transportation services and space transportation vehicles acquired or owned by the Federal Government before the date of the enactment of this Act, or with respect to which a contract for such acquisition or ownership has been entered into before such date.
(d) Historical Purposes.–This section shall not be construed to prohibit the Federal Government from acquiring, owning, or maintaining space transportation vehicles solely for historical display purposes.
SEC. 202. ACQUISITION OF COMMERCIAL SPACE TRANSPORTATION SERVICES.
(b) Safety Standards.–Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards.
SEC. 203. LAUNCH SERVICES PURCHASE ACT OF 1990 AMENDMENTS.
The Launch Services Purchase Act of 1990 (42 U.S.C. 2465b et seq.) is amended–
1) by striking section 202;
(2) in section 203–
(A) by striking paragraphs (1) and (2); and
(B) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively;
(3) by striking sections 204 and 205; and
(4) in section 206–
(A) by striking “(a) Commercial Payloads on the Space Shuttle.–”; and
(B) by striking subsection (b).
SEC. 204. SHUTTLE PRIVATIZATION.
(a) Policy and Preparation.–The Administrator shall prepare for an orderly transition from the Federal operation, or Federal management of contracted operation, of space transportation systems to the Federal purchase of commercial space transportation services for all nonemergency space transportation requirements for transportation to and from Earth orbit, including human, cargo, and mixed payloads. In those preparations, the Administrator shall take into account the need for short-term economies, as well as the goal of restoring the National Aeronautics and Space Administration’s research focus and its mandate to promote the fullest possible commercial use of space. As part of those preparations, the Administrator shall plan for the potential privatization of the Space Shuttle program. Such plan shall keep safety and cost effectiveness as high priorities. Nothing in this section shall prohibit the National Aeronautics and Space Administration from studying, designing, developing, or funding upgrades or modifications essential to the safe and economical operation of the Space Shuttle fleet.
(b) Feasibility Study.–The Administrator shall conduct a study of the feasibility of implementing the recommendation of the Independent Shuttle Management Review Team that the National Aeronautics and Space Administration transition toward the privatization of the Space Shuttle. The study shall identify, discuss, and, where possible, present options for resolving, the major policy and legal issues that must be addressed before the Space Shuttle is privatized, including–
(1) whether the Federal Government or the Space Shuttle contractor should own the Space Shuttle orbiters and ground facilities;
(2) whether the Federal Government should indemnify the contractor for any third party liability arising from Space Shuttle operations, and, if so, under what terms and conditions;
(3) whether payloads other than National Aeronautics and Space Administration payloads should be allowed to be launched on the Space Shuttle, how missions will be prioritized, and who will decide which mission flies and when;
(4) whether commercial payloads should be allowed to be launched on the Space Shuttle and whether any classes of payloads should be made ineligible for launch consideration;
(5) whether National Aeronautics and Space Administration and other Federal Government payloads should have priority over non-Federal payloads in the Space Shuttle launch assignments, and what policies should be developed to prioritize among payloads generally;
(6) whether the public interest requires that certain Space Shuttle functions continue to be performed by the Federal Government; and
(7) how much cost savings, if any, will be generated by privatization of the Space Shuttle.
(c) Report to Congress.–Within 60 days after the date of the enactment of this Act, the National Aeronautics and Space Administration shall complete the study required under subsection (b) and shall submit a report on the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives.
SEC. 205. USE OF EXCESS INTERCONTINENTAL BALLISTIC MISSILES.
(a) In general.–The Federal Government shall not–
(1) convert any missile described in subsection (c) to a space transportation vehicle configuration; or
(2) transfer ownership of any such missile to another person, except as provided in subsection (b).
(b) Authorized Federal Uses.–(1) A missile described in subsection (c) may be converted for use as a space transportation vehicle by the Federal Government if, except as provided in paragraph (2) and at least 30 days before such conversion, the agency seeking to use the missile as a space transportation vehicle transmits to the Committee on National Security and the Committee on Science of the House of Representatives, and to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate, a certification that the use of such missile–
(A) would result in cost savings to the Federal Government when compared to the cost of acquiring space transportation services from United States commercial providers;
(B) meets all mission requirements of the agency, including performance, schedule, and risk requirements;
(C) is consistent with international obligations of the United States; and
(D) is approved by the Secretary of Defense or his designee.
(2) The requirement under paragraph (1) that the certification described in that paragraph must be transmitted at least 30 days before conversion of the missile shall not apply if the Secretary of Defense determines that compliance with that requirement would be inconsistent with meeting immediate national security requirements.
(c) Missiles Referred to.– The missiles referred to in this section are missiles owned by the United States that–
(1) were formerly used by the Department of Defense for national defense purposes as intercontinental ballistic missiles; and
(2) have been declared excess to United States national defense needs and are in compliance with international obligations of the United States.
SEC. 206. NATIONAL LAUNCH CAPABILITY STUDY.
(a) Findings.–Congress finds that a robust satellite and launch industry in the United States serves the interest of the United States by–
(1) contributing to the economy of the United States;
(2) strengthening employment, technological, and scientific interests of the United States; and
(3) serving the foreign policy and national security interests of the United States.
(b) Definitions.–In this section:
(1) Secretary.–The term “Secretary” means the Secretary of Defense.
(2) Total potential national mission model.–The term “total potential national mission model” means a model that–
(A) is determined by the Secretary, in consultation with the Administrator, to assess the total potential space missions to be conducted in the United States during a specified period of time; and
(B) includes all launches in the United States (including launches conducted on or off a Federal range).
(c) Report.–
(1) In general.–Not <<NOTE: Deadline.>> later than 180 days after the date of enactment of this Act, the Secretary shall, in consultation with the Administrator and appropriate representatives of the satellite and launch industry and the governments of States and political subdivisions thereof–
(A) prepare a report that meets the requirements of this subsection; and
(B) submit that report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives.
(2) Requirements for report.–The report prepared under this subsection shall–
(A) identify the total potential national mission model for the period beginning on the date of the report and ending on December 31, 2007;
(B) identify the resources that are necessary or available to carry out the total potential national mission model described in subparagraph (A), including–
(i) launch property and services of the Department of Defense, the National Aeronautics and Space Administration, and non-Federal facilities; and
(ii) the ability to support commercial launch-on-demand on short notification, taking into account Federal requirements, at launch sites or test ranges in the United States;
(C) identify each deficiency in the resources referred to in subparagraph (B); and
(D) with respect to the deficiencies identified under subparagraph (C), include estimates of the level of funding necessary to address those deficiencies for the period described in subparagraph (A).
(d) Recommendations.–Based on the reports under subsection (c), the Secretary, after consultation with the Secretary of Transportation, the Secretary of Commerce, and representatives from interested private sector entities, States, and local governments, shall–
(1) identify opportunities for investment by non-Federal entities (including States and political subdivisions thereof and private sector entities) to assist the Federal Government in providing launch capabilities for the commercial space industry in the United States;
(2) identify one or more methods by which, if sufficient resources referred to in subsection (c)(2)(D) are not available to the Department of Defense and the National Aeronautics and Space Administration, the control of the launch property and launch services of the Department of Defense and the National Aeronautics and Space Administration may be transferred from theDepartment of Defense and the National Aeronautics and Space Administration to–
(A) one or more other Federal agencies;
(B) one or more States (or subdivisions thereof);
(C) one or more private sector entities; or
(D) any combination of the entities described in subparagraphs (A) through (C); and
(3) identify the technical, structural, and legal impediments associated with making launch sites or test ranges in the United States viable and competitive.
Approved October 28, 1998.
View the full article
-
-
Check out these Videos
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.