§ 5602. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5602]
TITLE 15--COMMERCE AND TRADE
CHAPTER 82--LAND REMOTE SENSING POLICY
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.)
References in Text
This chapter, referred to in text, was in the original ``this Act'',
meaning Pub. L. 102-555, Oct. 28, 1992, 106 Stat. 4163, which is
classified generally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 5601 of
this title and Tables.
