51 U.S.C. § 60134 — Preference for private sector land re-

Page 154 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60133 States Government, including unenhanced data gathered under the technology demonstration program carried out pursuant to section 60133 of this title, shall be made available to users in a timely fashion. (b) PROTECTION FOR COMMERCIAL DATA DIS- TRIBUTOR.—The President shall seek to ensure that unenhanced data gathered under the tech- nology demonstration program carried out pur- suant to section 60133 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. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3417.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60132 .......... 15 U.S.C. 5632. Pub. L. 102–555, title III, § 302, Oct. 28, 1992, 106 Stat. 4174. In subsection (b), the word ‘‘affect’’ is substituted for ‘‘effect’’ to correct an error in the law. § 60133. Technology demonstration program (a) ESTABLISHMENT.—As a fundamental compo- nent of a national land remote sensing strategy, the President shall establish, through appro- priate United States Government agencies, a technology demonstration program. The goals of the program 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 pro- gram; and (3) demonstrate within such 5-year period an advanced land remote sensing system design that could be less expensive to procure and op- erate 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 Presi- dent 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 ex- tent practicable, the technology demonstration program established under subsection (a) shall be designed to be responsive to the broad civil- ian, 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 fund- ing. (e) LANDSAT PROGRAM MANAGEMENT COORDINA- TION.—The Landsat Program Management shall have a coordinating role in the technology dem- onstration program carried out under this sec- tion. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3418.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60133 .......... 15 U.S.C. 5633(a)–(e). Pub. L. 102–555, title III, § 303(a)–(e), Oct. 28, 1992, 106 Stat. 4174. In subsection (a)(1), the date ‘‘October 28, 1992’’ is substituted for ‘‘the date of the enactment of this Act’’ to reflect the date of enactment of the Land Remote Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4163). At the end of paragraph (1), a semicolon is sub- stituted for the period to correct an error in the law. § 60134. Preference for private sector land re- mote sensing system (a) IN GENERAL.—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) without jeopardizing the domestic, national se- curity, and foreign policy interests of the United States, preference should be given to the devel- opment of such a system by the private sector without competition from the United States Government. (b) GOALS.—The goals referred to in subsection (a) are— (1) to encourage the development, launch, and operation of a land remote sensing system that adequately serves the civilian, national security, commercial, and foreign policy inter- ests of the United States; (2) to encourage the development, launch, and operation of a land remote sensing system that maintains data continuity with the Landsat system; and (3) to incorporate system enhancements, in- cluding any such enhancements developed under the technology demonstration program under section 60133 of this title, which may po- tentially yield a system that is less expensive to build and operate, and more responsive to data users, than is the Landsat system other- wise projected to be in operation in the future. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3418.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60134(a) ...... 15 U.S.C. 5641(c). Pub. L. 102–555, title IV, § 401(b), (c), Oct. 28, 1992, 106 Stat. 4176. 60134(b) ...... 15 U.S.C. 5641(b). In subsection (b), in the matter before paragraph (1), the words ‘‘In carrying out subsection (a), the Landsat Program Management shall consider the ability of each of the options to’’ are omitted as obsolete. The omitted words refer to section 401(a) of the Land Remote Sens- ing Policy Act of 1992 (15 U.S.C. 5641(a)), which re- quired, within 5 years after October 28, 1992, the Landsat Program Management, in consultation with representatives of appropriate United States Govern- ment agencies, to assess and report to Congress on op- tions for a successor land remote sensing system to Landsat 7. In subsection (b)(3), the words ‘‘otherwise projected to be in operation in the future’’ are substituted for ‘‘projected to be in operation through the year 2000’’ to eliminate obsolete language. Page 155 TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS § 60144 SUBCHAPTER V—GENERAL PROVISIONS § 60141. Nondiscriminatory data availability (a) IN GENERAL.—Except as provided in sub- section (b), any unenhanced data generated by the Landsat system or any other land remote sensing system funded and owned by the United States Government shall be made available to all users without preference, bias, or any other special arrangement (except on the basis of na- tional security concerns pursuant to section 60146 of this title) regarding delivery, format, pricing, or technical considerations which would favor one customer or class of customers over another. (b) EXCEPTIONS.—Unenhanced data generated by the Landsat system or any other land remote sensing system funded and owned by the United States Government may be made available to the United States Government and its affiliated users at reduced prices, in accordance with this chapter, on the condition that such unenhanced data are used solely for noncommercial pur- poses. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3419.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60141 .......... 15 U.S.C. 5651. Pub. L. 102–555, title V, § 501, Oct. 28, 1992, 106 Stat. 4176. § 60142. Archiving of data (a) PUBLIC INTEREST.—It is in the public inter- est for the United States Government to— (1) maintain an archive of land remote sens- ing data for historical, scientific, and tech- nical purposes, including long-term global en- vironmental monitoring; (2) control the content and scope of the ar- chive; and (3) ensure the quality, integrity, and con- tinuity of the archive. (b) ARCHIVING PRACTICES.—The Secretary of the Interior, in consultation with the Landsat Program Management, shall provide for long- term storage, maintenance, and upgrading of a basic, global, land remote sensing data set (here- after in this section referred to as the ‘‘basic data set’’) and shall follow reasonable archival practices to ensure proper storage and preserva- tion of the basic data set and timely access for parties requesting data. (c) DETERMINATION OF CONTENT OF BASIC DATA SET.—In determining the initial content of, or in upgrading, the basic data set, the Secretary of the Interior shall— (1) use as a baseline the data archived on Oc- tober 28, 1992; (2) take into account future technical and scientific developments and needs, paying par- ticular attention to the anticipated data re- quirements of global environmental change re- search; (3) consult with and seek the advice of users and producers of remote sensing data and data products; (4) consider the need for data which may be duplicative in terms of geographical coverage but which differ in terms of season, spectral bands, resolution, or other relevant factors; (5) include, as the Secretary of the Interior considers appropriate, unenhanced data gen- erated either by the Landsat system, pursuant to subchapter II, or by licensees under sub- chapter III; (6) include, as the Secretary of the Interior considers appropriate, data collected by for- eign ground stations or by foreign remote sensing space systems; and (7) ensure that the content of the archive is developed in accordance with section 60146 of this title. (d) PUBLIC DOMAIN.—After the expiration of any exclusive right to sell, or after relinquish- ment of such right, the data provided to the Na- tional Satellite Land Remote Sensing Data Ar- chive shall be in the public domain and shall be made available to requesting parties by the Sec- retary of the Interior at the cost of fulfilling user requests. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3419.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60142 .......... 15 U.S.C. 5652. Pub. L. 102–555, title V, § 502, Oct. 28, 1992, 106 Stat. 4176. In subsection (b), the words ‘‘hereafter in this sec- tion’’ are substituted for ‘‘hereinafter’’ for clarity. In subsection (c), in the matter before paragraph (1), the words ‘‘of the Interior’’ are substituted for ‘‘of Inte- rior’’ to correct an error in the law. In subsection (c)(1), the date ‘‘October 28, 1992’’ is sub- stituted for ‘‘the date of enactment of this Act’’ to re- flect the date of enactment of the Land Remote Sens- ing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4163). § 60143. Nonreproduction Unenhanced data distributed by any licensee under subchapter III may be sold on the condi- tion that such data will not be reproduced or disseminated by the purchaser for commercial purposes. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60143 .......... 15 U.S.C. 5653. Pub. L. 102–555, title V, § 503, Oct. 28, 1992, 106 Stat. 4177. § 60144. Reimbursement for assistance The Administrator, the Secretary of Defense, and the heads of other United States Govern- ment agencies may provide assistance to land remote sensing system operators under the pro- visions of this chapter. Substantial assistance shall be reimbursed by the operator, except as otherwise provided by law. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3420.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60144 .......... 15 U.S.C. 5654. Pub. L. 102–555, title V, § 504, Oct. 28, 1992, 106 Stat. 4177.