§ 5613. — Data policy for Landsat 4 through 6.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC5613]
TITLE 15--COMMERCE AND TRADE
CHAPTER 82--LAND REMOTE SENSING POLICY
SUBCHAPTER I--LANDSAT
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.\1\
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\1\ So in original. The period probably should be a semicolon.
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(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) \2\ 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--
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\2\ So in original. Probably should be ``(a)(1)''.
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(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.)
Section Referred to in Other Sections
This section is referred to in section 5611 of this title.
