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Page:United States Statutes at Large Volume 98 Part 1.djvu/481

 PUBLIC LAW 98-362—JULY 16, 1984 including travel expenses, as authorized by section 5703 of title 5, United States Code. "(F) Upon request of the chairperson of the advisory council, the Administrator may request directly from any Federal agency information necessary to enable the advisory council to carry out its functions under the Small Business Computer Security and Education Act of 1984. Upon the request of the Administrator, the head of such agency shall furnish to the Administrator such information, subject to the requirements of section 552 of title 5, United States Code.".

98 STAT. 433

Information, disclosure.

Ante, p. 431.

COMPUTER SECURITY AND EDUCATION PROGRAM

SEC. 4. Section 4(b) of the Small Business Act (15 U.S.C. 633(b)) is Ante, p. 431. further amended by adding at the end thereof the following: "(4)(A) The Administrator shall establish a small business computer security and education program to— "(i) provide small business concerns information regarding— "(I) utilization and management of computer technology; "(II) computer crimes committed against small business concerns; and "(III) security for computers owned or utilized by small business concerns; ^ "(ii) provide for periodic forums for small business concerns to improve their knowledge of the matters described in clause (i); and "(iii) provide training opportunities to educate small business users on computer security techniques. "(B) The Administrator, after consultation with the Director of the Institute of Computer Sciences and Technology within the Department of Commerce, shall develop information and materials to carry out the activities described in subparagraph (A) of this paragraph.". PRIVATE SECTOR COOPERATION

^ '^

SEC. 5. (a) Section 8(b)(1)(A) of the Small Business Act is amended— 15 USC 637. (1) by inserting "computer security," after "wage incentives,"; and (2) by striking at the end thereof "Administration; and" and by inserting the following: "Administration. Such assistance also may be provided to small business concerns by the Administration through cooperation with a profit-making concern (hereafter in this paragraph referred to as a "cosponsor") to provide training: Provided, That the Administration shall take such actions as it deems appropriate to ensure that the cooperation does not constitute or imply an endorsement by the Administration of the products or services of the cosponsor, to avoid unnecessary promotion of the products or services of the cosponsor, and to minimize utilization of any one cosponsor in a marketing area. Such actions shall include, but not be limited Prohibitions. to: (i) developing an agreement which specifies the standard terms and conditions of the cooperation, the use of which shall be mandatory; (ii) prohibiting any fee or charge from being imposed upon any small business concern for receiving assistance in excess of a minimal amount to cover the direct costs of providing such assistance; (iii) prohibiting the release to the cosponsor of any of the Administration's lists of names and addresses of small business concerns; and (iv) requiring that all

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Page:United States Statutes at Large Volume 98 Part 1.djvu/482

 98 STAT. 434

PUBLIC LAW 98-362—JULY 16, 1984

printed materials which contain the names of both the Administration and the cosponsor include a prominent disclaimer that the cooperation does not constitute or imply an endorsement by the Administration of the products or services of the cosponsor." Report. (b) Not later than December 1, 1987 the Small Business Adminis15 USC 637 note, tration shall report to the Committees on Small Business of the Senate and the United States House of Representatives on the impact of the assistance provided in cooperation with profitmaking concerns pursuant to the amendment made by section 5(a)(2) of the Ante, p. 433. Small Business Computer Security and Education Act of 1984. The report shall include information on benefits provided to small business concerns assisted by the Administration's cooperation with profitmaking concerns and any negative impact upon small businesses resulting from such cooperation with profitmaking concerns. COMPUTER CRIME DEFINITION

15 USC 632.

SEC. 6. Section 3 of the Small Business Act is amended by adding at the end thereof the following— "(j) For purposes of this Act— "(1) the term 'computer crime' means— "(A) any crime committed against a small business concern by means of the use of a computer; and "(B) any crime involving the illegal use of, or tampering with, a computer owned or utilized by a small business concern.". EFFECTIVE DATES

15 USC 633 note.

SEC. 7. (a) This Act shall take effect on October 1, 1984. (b) The amendments made to section 4(b)(3) of the Small Business Act by section 3 of this Act and the amendments made to section 15 USC 633, 637. 8(b)(1)(A) of the Small Business Act by section 5(a)(2) of this Act are repealed on October 1, 1988. Nothing in this section shall preclude the Administrator from continuing such committee under the authority of section 8(b)(3) of the Small Business Act and the Federal Advisory Committee Act. Approved July 16, 1984.

LEGISLATIVE HISTORY: H.R. 3075: HOUSE REPORT No. 98-423, Pt. 1 (Comm. on Small Business). SENATE REPORT No. 98-438 (Comm. on Small Business). CONGRESSIONAL RECORD: Vol. 129 (1983): Oct. 24, considered and passed House. Vol. 130 (1984): May 24, considered and passed Senate, amended. June 27, House concurred in Senate amendments with amendments; Senate concurred in House amendments.

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text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/483

 PUBLIC LAW 98-363—JULY 17, 1984

98 STAT. 435

Public Law 98-363 98th Congress An Act To amend the Surface Transportation Assistance Act of 1982 to require States to use at least 8 per centum of their highway safety apportionments for developing and implementing comprehensive programs concerning the use of child restraint systems in motor vehicles, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 203(a)(1) of the Surface Transportation Assistance Act of 1982 is amended to read as follows: "SEC. 203. (a)(1) There is hereby authorized to be appropriated for carrying out section 402 of title 23, United States Code (relating to highway safety programs), by the National Highway Traffic Safety Administration, out of the Highway Trust Fund (other than the Mass Transit Account), $126,500,000 for the fiscal year ending September 30, 1985, and $132,000,000 for the fiscal year ending September 30, 1986.". (b) Section 203(a) of such Act is amended by adding at the end thereof the following new paragraph: "(4)(A) Each State shall expend each fiscal year not less than 8 per centum of the amount apportioned to it for such fiscal year of the sums authorized by paragraph (1) of this subsection, for developing and implementing comprehensive programs approved by the Secretary of Transportation concerning the use of child restraint systems in motor vehicles. Upon request of the Governor of any State, the Secretary may reduce the amount required to be expended by the State for any fiscal year under the preceding sentence if the State demonstrates to the satisfaction of the Secretary that the percentage of children under the age of four traveling in motor vehicles in the State who are properly restrained by a child restraint system is greater than 75 per centum. "(B) No project for developing and implementing a comprehensive program concerning the use of child restraint systems in motor vehicles may be approved by the Secretary of Transportation in the fiscal years ending September 30, 1985, and September 30, 1986, unless the State applying for approval of such project enters into such agreements with the Secretary as the Secretary may require to ensure that such State will maintain its aggregate expenditures from all non-Federal sources for such programs at or above the average level of such expenditures in its two fiscal years preceding the date of enactment of this paragraph. "(C) Subparagraphs (A) and (B) of this paragraph shall not apply to sums authorized to be appropriated for any fiscal year beginning after September 30, 1987.". SEC. 2. Section 203(b) of the Surface Transportation Assistance Act of 1982 is amended to read as follows: "(b) Notwithstanding any other provision of law, the total of all obligations for highway safety programs carried out by the National Highway Traffic Safety Administration under section 402 of title 23, United States Code, shall not exceed $126,500,000 for the fiscal year

July 17, 1984 [H.R. 4616]

96 Stat. 2138. Appropriation authorization.

State and local governments.

96 Stat. 2138.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/484

 98 STAT. 436

23 USC 401 note.

Drugs and drug abuse.

Grants.

23 USC 402.

PUBLIC LAW 98-363—JULY 17, 1984 ending September 30, 1985, and $132,000,000 for the fiscal year ending September 30, 1986, and the total of all obligations for highway safety programs carried out by the Federal Highway Administration under section 402 of title 23, United States Code, shall not exceed $10,000,000 per fiscal year for each of the fiscal years ending September 30, 1985, and September 30, 1986.". SEC. 3. (a) The sixth sentence of section 402(c) of title 23, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ", except that the apportionments to the Virgin Islands, Guam, and American Samoa shall not be less than one-quarter of 1 per centum of the total apportionment.". (b) Section 401 of title 23, United States Code, is amended by striking out ", except that all expenditures for carrying out this chapter in the Virgin Islands, Guam, and American Samoa shall be paid out of money in the Treasury not otherwise appropriated." and inserting in lieu thereof a period. (c) The amendments made by subsections (a) and (b) shall only apply to fiscal years beginning after the date of enactment of this Act. SEC. 4. (a) Section 408(a) of title 23, United States Code, is amended by inserting "or a controlled substance" immediately after "alcohol". (b) Section 408(c)(1) of title 23, United States Code, is amended by inserting "and controlled substance" immediately after "alcohol. (c) Section 408(f) of title 23, United States Code, is amended— (1) by striking the period at the end of paragraph (7) and inserting in lieu thereof "; and"; and (2) by adding at the end thereof the following: "(8) for the creation and operation of rehabilitation and treatment programs for those arrested and convicted of driving while under the influence of a controlled substance or for the establishment of research programs to develop effective means of detecting use of controlled substances by drivers.". SEC. 5. Section 402 of title 23, United States Code, is amended by adding at the end thereof the following: "(k)(l) Subject to the provisions of this subsection, the Secretary shall make a grant to any State which includes, as part of its highway safety program under section 402 of this title, the use of a comprehensive computerized safety recordkeeping system designed to correlate data regarding traffic accidents, drivers, motor vehicles, and roadways. Any such grant may only be used by such State to establish and maintain a comprehensive computerized traffic safety recordkeeping system or to obtain and operate components to support highway safety priority programs identified by the Secretary under this section. Notwithstanding any other provision of law, if a report, list, schedule, or survey is prepared by or for a State or political subdivision thereof under this subsection, such report, list, schedule, or survey shall not be admitted as evidence or used in any suit or action for damages arising out of any matter mentioned in such report, list, schedule, or survey. "(2) No State may receive a grant under this subsection in more than two fiscal years. "(3) The amount of the grant to any State under this subsection for the first fiscal year such State is eligible for a grant under this subsection shall equal 10 per centum of the amount apportioned to such State for fiscal year 1985 under this section. The amount of a

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Page:United States Statutes at Large Volume 98 Part 1.djvu/485

 PUBLIC LAW 98-363—JULY 17, 1984

98 STAT. 437

grant to any State under this subsection for the second fiscal year such State is eligible for a grant under this subsection shall equal 10 per centum of the amount apportioned to such State for fiscal year 1986 under this section. "(4) A State is eligible for a grant under this subsection if— "(A) it certifies to the Secretary that it has in operation a computerized traffic safety recordkeeping system and identifies proposed means of upgrading the system acceptable to the Secretary; or "(B) it provides to the Secretary a plan acceptable to the Secretary for establishing and maintaining a computerized traffic safety recordkeeping system. "(5) The Secretary, after making the deduction authorized by the second sentence of subsection (c) of this section for fiscal years 1985 and 1986, shall set aside 10 per centum of the remaining funds authorized to be appropriated to carry out this section for the purpose of making grants under this subsection. Funds set aside under this subsection shall remain available for the fiscal year authorized and for the succeeding fiscal year and any amounts remaining unexpended at the end of such period shall be apportioned in accordance with the provisions of subsection (c) of this section.". SEC. 6. (a) Chapter 1 of title 23, United States Code, is amended by adding at the end thereof the following new section: "§ 158. National minimum drinking age "(a)(1) The Secretary shall withhold 5 per centum of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of this title on the first day of the fiscal year succeeding the fiscal year beginning after September 30, 1985, in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than twentyone years of age is lawful. "(2) The Secretary shall withhold 10 per centum of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(2), 104(b)(5), and 104(b)(6) of this title on the first day of the fiscal year succeeding the second fiscal year beginning after September 30, 1985, in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than twenty-one years of age is lawful. "(b) The Secretary shall promptly apportion to a State any funds which have been withheld from apportionment under subsection (a) of this section in fiscal year if in any succeeding fiscal year such State makes unlawful the purchase or public possession of any alcoholic beverage by a person who is less than twenty-one years of age. "(c) As used in this section, the term 'alcoholic beverage' means— "(1) beer as defined in section 5052(a) of the Internal Revenue Code of 1954, "(2) wine of not less than one-half of 1 per centum of alcohol by volume, or "(3) distilled spirits as defined in section 5002(a)(8) of such Code.".

(b) The table of sections of chapter 1 of such title is amended by adding at the end thereof the following new item: "158. National minimum drinking age.".

23 USC 158. Alcohol and alcoholic gfusTm

26 USC 5052.

26 USC 5002.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/486

 98 STAT. 438

Grants.

Crimes and misdemeanors.

PUBLIC LAW 98-363—JULY 17, 1984 SEC. 7. (a) Section 408(a) of title 23, United States Code, is amended by striking "basic and supplemental". (b) Section 408(d) of title 23, United States Code, is amended by adding at the end thereof the following new paragraph: "(3) Subject to subsection (c), the amount of a special grant made under this section for any fiscal year to any State which is eligible for such a grant under subsection (e)(3) shall not exceed 5 per centum of the amount apportioned to such State for fiscal year 1984 under sections 402 and 408 of this title. Such grant shall be in addition to any basic or supplemental grant received by such State.". (c) Section 408(e) of title 23, United States Code, is amended by adding at the end thereof the following new paragraph: "(3) For the purposes of this section, a State is eligible for a special grant if the State enacts a statute which provides that— "(A) any person convicted of a first violation of driving under the influence of alcohol shall receive— "(i) a mandatory license suspension for a period of not ....,, less than ninety days; and either "(ii)(I) an assignment of one hundred hours of community service; or "(11) a minimum sentence of imprisonment for forty-eight consecutive hours; "(B) any person convicted of a second violation of driving under the influence of alcohol within five years after a conviction for the same offense, shall receive a mandatory minimum sentence of imprisonment for ten days and license revocation for not less than one year; "(C) any person convicted of a third or subsequent violation of driving under the influence of alcohol within five years after a prior conviction for the same offense shall— "(i) receive a mandatory minimum sentence of imprisonment for one hundred and twenty days; and "(ii) have his license revoked for not less than three years; and

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Page:United States Statutes at Large Volume 98 Part 1.djvu/487

 PUBLIC LAW 98-363—JULY 17, 1984

98 STAT. 439

"(D) any person convicted of driving with a suspended or revoked license or in violation of a restriction due to driving under the influence of alcohol conviction shall receive a mandatory sentence of imprisonment for at least thirty days, and shall upon release from imprisonment, receive an additional period of license suspension or revocation of not less than the period of suspension or revocation remaining in effect at the time of commission of the offense of driving with a suspended or revoked license.". Approved July 17, 1984.

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LEGISLATIVE HISTORY—H.R. 4616: HOUSE REPORT No. 98-641 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 130 (1984): Apr. 30, considered and passed House. June 26, considered and passed Senate, amended. June 27, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 29 (1984): July 17, Presidential statement.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/488

 98 STAT. 440

PUBLIC LAW 98-364—JULY 17, 1984 Public Law 98-364 98th Congress

An Act July 17, 1984 [H.R. 4997]

To authorize appropriations to carry out the Marine Mammal Protection Act of 1972, for fiscal years 1985 through 1988, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I Fish and fishing.

Tuna.

•

SEC. 101. The last sentence of section 101(a)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2)) is amended to read as follows: "For purposes of applying the preceding sentence, the Secretary— "(A) shall insist on reasonable proof from the government of any nation from which fish or fish products will be exported to the United States of the effects on ocean mammak of the commercial fishing technology in use for such fish or fish products exported from such nation to the United States; and "(B) in the case of yellowfin tuna harvested with purse seines in the eastern tropical Pacific Ocean, and products therefrom, to be exported to the United States, shall require that the government of the exporting nation provide documentary evidence that— "(i) the government of the harvesting nation has adopted a regulatory program governing the incidental taking of marine mammals in the course of such harvesting that is comparable to that of the United States; and "(ii) the average rate of that incidental taking by the vessels of the harvesting nation is comparable to the average rate of incidental taking of marine mammals by United States vessels in the course of such harvesting.". SEC. 102. Section 104(h) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(h)) is amended— (1) by inserting "(1)" after "(h)"; and (2) by adding at the end thereof the following paragraphs: "(2)(A) Subject to subparagraph (B), the general permit issued under paragraph (1) on Etecember 1, 1980 to the American Tunaboat Association is extended to authorize and govern the taking of marine mammals incidental to commercial purse seine fishing for yellowfin tuna during each year after December 31, 1984. "(B) The extension granted under subparagraph (A) is subject to the following conditions: "(i) The extension shall cease to have force and effect at the time the general permit is surrendered or terminated. "(ii) The permittee and certificate holders shall use the best marine mammal safety techniques and equipment that are economically and technologically practicable. "(iii) During the period of the extension, the terms and conditions of the general permit that are in effect on the date of the enactment of this paragraph shall apply, except that—

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Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/108

 puppet had nothing further to say he stretched out his hand and rang a bell.

At this summons two mastiffs immediately appeared dressed as gendarmes. The judge then, pointing to Pinocchio, said to them:

'That poor devil has been robbed of four gold pieces; take him up, and put him immediately into prison.'

The puppet was petrified on hearing this unexpected sentence, and tried to protest; but the gendarmes, to avoid losing time, stopped his mouth, and carried him off to the lock-up.

And there he remained for four months—four long months—and he would have remained longer still if a fortunate chance had not released him. For I must tell you that the young Emperor who reigned over the town of 'Trap for blockheads,' having won a splendid victory over his enemies, ordered great public rejoicings. There were illuminations, fire-works, horse races, and velocipede races, and as a further sign of triumph he commanded that the prisons should be opened and all the prisoners liberated.

'If the others are to be let out of prison, I will go also,' said Pinocchio to the jailor.

'No, not you,' said the jailor, 'because you do not belong to the fortunate class.'


text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/489

 PUBLIC LAW 98-364—JULY 17, 1984 "(I) the Secretary may make such adjustments as may be appropriate to those terms and conditions that pertain to fishing gear and fishing practice requirements and to permit administration; "(11) any such term and condition may be amended or terminated if the amendment or termination is based on the best scientific information available, including that obtained under the monitoring program required under paragraph (3)(A); and "(III) during each year of the extension, not to exceed 250 coastal spotted dolphin (Stenella attenuata) and not to exceed 2,750 eastern spinner dolphin (Stenella longirostris) may be incidentally taken under the general permit, and no accidental taking of either species is authorized at any time when incidental taking of that species is permitted. "(C) The quota on the incidental taking of coastal spotted dolphin and eastern spinner dolphin under paragraph (2}(B)(iii)(III) shall be treated— "(i) as within, and not in addition to, the overall annual quota under the general permit on the incidental taking of marine mammals; and "(ii) for purposes of paragraph (2)(B)(iii)(II), as a term of the general permit in effect on the date of the enactment of this paragraph. "(3)(A) The Secretary shall, commencing on January 1, 1985, undertake a scientific research program to monitor for at least five consecutive years, and periodically as necessary thereafter, the indices of abundance and trends of marine mammal population stocks which are incidentally taken in the course of commercial purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean. "(B) If the Secretary determines, on the basis of the best scientific information available (including that obtained under the monitoring program), that the incidental taking of marine mammals permitted under the general permit referred to in paragraph (2) is having a significant adverse effect on a marine mammal population stock, the Secretary shall take such action as is necessary, after notice and an opportunity for an agency hearing on the record, to modify the applicable incidental take quotas or requirements for gear and fishing practices (or both such quotas and requirements) for such fishing so as to ensure that the marine mammal population stock is not significantly adversely affected by the incidental taking. "(C) For each year after 1984, the Secretary shall include in his annual report to the public and the Congress under section 103(f) a discussion of the proposed activities to be conducted each year as part of the monitoring program required by subparagraph (A). "(D) There are authorized to be appropriated to the Department of Commerce for purposes of carrying out the monitoring program required under this paragraph not to exceed $4,000,000 for the period beginning October 1, 1984, and ending September 30, 1988.". SEC. 103. (a) Section 201(b)(1) of the Marine Mammal Act of 1972 (16 U.S.C. 14O10b)(l)) is amended by striking the second sentence thereof and inserting in lieu thereof the following: "The President shall make his selection from a list of individuals knowledgeable in the fields of marine ecology and resource management, and who are not in a position to profit from the taking of marine mammals. Such list shall be submitted to him by the Chairman of the Council on

98 STAT. 441

Dolphin.

Dolphin.

Research and development. Tuna.

Report.

President of U.S.

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text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/490

 98 STAT. 442

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'" 97 Stat. 217.

International r^ar<fiZ,«nt agreement. ""^"

16 USC 1823 "°*^

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PUBLIC LAW 98-364—JULY 17, 1984 Environmental Quality and unanimously agreed to by that Chairman, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation and the Chairman of the National Academy of Sciences.". (b) The first sentence of section 206 of such Act of 1972 (16 U.S.C. 1406) is amended by adding immediately before the period at the end thereof the following: "; except that no fewer than 11 employees must be employed under paragraph (1) at any time". SEC. 104. Section 7 of the Act entitled "An Act to improve the operation of the Marine Mammal Protection Act of 1972, and for other purposes", approved October 9, 1981 (16 U.S.C. 1384 and 1407) is amended— (1) by amending subsection (a)— (A) by inserting "(other than section 104(h)(3))" immediately after "title I", and (B) by striking out "for fiscal year 1984." and inserting in lieu thereof "for each of fiscal years 1984, 1985, 1986, 1987, and 1988."; (2) by striking out "and $2,000,000 for fiscal year 1984." in subsection (b) and inserting in lieu thereof "$2,000,000 for fiscal year 1984, $2,500,000 for fiscal year 1985, and $3,000,000 for each of fiscal years 1986, 1987, and 1988."; and (3) by striking out "for fiscal year 1984." in subsection (c) and inserting in lieu thereof "for each of fiscal years 1984, 1985, 1986, 1987, and 1988.". SEC. 105. Section 2(c) of the Fishery Conservation Zone Transition Act (16 U.S.C. 1823 note) is amended— (1) by striking out "July 1, 1984" in each of paragraphs (1) and (2) and inserting in lieu thereof "December 31, 1985"; (2) by striking out "May 3, 1983" in paragraph (1) and inserting in lieu thereof "May 8, 1984"; (3) by striking out "May 3, 1983" in paragraph (2) and inserting in lieu thereof "May 7, 1984"; and (4) by amending the last sentence thereof by striking out "Each such governing international fishery agreement" and inserting in lieu thereof "The government international fishery agreements referred to in paragraphs (1) and (2) shall enter into force and effect with respect to the United States on July 1, 1984; and the governing international fishery agreement referred to in paragraph (3)". SEC. 106. Notwithstanding any provision of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and upon certification by the Secretary of State to the President of the Senate and the Speaker of the House of Representatives that a new governing international fishery agreement in conformity with such Act has been negotiated by the United States and the European Economic Community, the existing governing international fishery agreement referred to in section 2(a)(7) of the Fishery Conservation Zone Transition Act (16 U.S.C. 1823, note) may be extended or reinstated, as the case may be, and may be in force and effect with respect to the United States, for the period of time ending on the earlier of (1) the effective date of the new governing international fishery agreement, or (2) September 30, 1984. i o>i bQ^i"h\'<ii'-'i s 0 HiSfic' fell

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Page:United States Statutes at Large Volume 98 Part 1.djvu/491

 PUBLIC LAW 98-364—JULY 17, 1984 s

98 STAT. 443

TITLE II

SEC. 201. (a) The Secretary of Commerce shall provide for the establishment of a National Coastal Resources Research and Development Institute (hereinafter in this title referred to as the "Institute") to be administered by the Oregon State Marine Science Center. (b) The Institute shall conduct research and carry out educational and demonstration projects designed to promote the efficient and responsible development of ocean and coastal resources, including arctic resources. Such projects shall be based on biological, geological, genetic, economic and other scientific research applicable to the purposes of this title and shall include studies on the economic diversification and environmental protection of the Nation's coastal areas. (c)(1) The policies of the Institute shall be determined by a Board of Governors composed of— (A) two representatives appointed Dy the Governor of Oregon; (B) one representative appointed by the Governor of Alaska; (C) one representative appointed by the Governor of Washington; (D) one representative appointed by the Governor of California; and (E) one representative appointed by the Governor of Hawaii. (2) Such policies shall include the selection, on a nationally competitive basis, of the research, projects, and studies to be supported by the Institute in accordance with the purposes of this title. (d)(1) The Board of Governors shall establish an Advisory Council composed of specialists in ocean and coastal resources from the academic community. (2) To the maximum extent practicable, the Advisory Council shall be composed of such specialists from every coastal region of the Nation. (3) The Advisory Council shall provide such advice to the Board of Governors as such Board shall request, including recommendations regarding the support of research, projects, and studies in accordance with the purposes of this title. (e) The Institute shall be administered by a Director who shall be appointed by the Chancellor of the Oregon Board of Higher Education in consultation with the Board of Governors. (f) The Secretary of Commerce shall conduct an ongoing evaluation of the activities of the Institute to ensure that funds received by the Institute under this title are used in a manner consistent with the provisions of this title. (g) The Institute shall report to the Secretary of Commerce on its activities within 2 years after the date of enactment of this Act. (h) The Comptroller General of the United States, and any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to any books, documents, papers and records of the Institute that are pertinent to the funds received under this title. (i) Employees of the Institute shall not, by reason of such employment, be considered to be employees of the Federal Government for any purpose. 0*) For the purposes of this title, there are authorized to be appropriated in each fiscal year $5,000,000, commencing with fiscal year 1985.

National Coastal Resources Research and Development Institute 16 USC 1463b.

Advisory Council.

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Report.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/492

 98 STAT. 444 Flood control. Cameron Parish, La.

PUBLIC LAW 98-364—JULY 17, 1984 SEC. 202. For purposes of sections 1305(c), 1315, and 1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 4012(c), 4022, and 4104) and section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106(a)), the flood elevation determination made by the Director of the Federal Emergency Management Agency with respect to Cameron Parish in the State of Louisiana, and published m the Federal Register on July 28, 1983, and November 22, 1983, shall not be considered final before the expiration of the one-year period following the date of enactment of this Act. TITLE m

Vessels.

SEC. 301. Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1977(e)) is amended by striking "October 1, 1984" and inserting in lieu thereof "October 1, 1987". SEC. 302. (a) Section 3 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1973) is amended— (1) by striking "Secretary of the Treasury in the amount t certified to him by the Secretary of State" in the first sentence of subsection (a) and inserting in lieu thereof "Secretary of State in the amount determined and certified by him"; and (2) by amending subsection (b)— (A) by inserting "determination and" immediately before "certification" in the first sentence thereof; and (B) by striking "the Treasury" in the second and third sentences and inserting in lieu thereof "State". (b) Section 5(a)(l)(A) of such Act of 1967 (22 U.S.C. 1975(a)(l)(A)) is amended by striking "the Secretary of the Treasury" and inserting in lieu thereof "him". (c) The first sentence of section 9 of such Act of 1967 (22 U.S.C. 1979) is amended by striking "Secretary of the Treasury" and inserting in lieu thereof "Secretary of State"; and by striking "certified to him by the Secretary of State" and inserting in lieu thereof "determined and certified by him". SEC. 303. (a) Section 2 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1972) is amended— (1) by amending paragraph (1) to read as follows: "(1) any vessel of the United States is seized by a foreign country on the basis of claims to jurisdiction that are not recognized by the United States, or on the basis of claims to jurisdiction recognized by the United States but exercised in a manner inconsistent with international law as recognized by the United States;"; and (2) by amending the matter appearing between subparagraph (D) and clause (i) of paragraph (2) to read as follows: "the Secretary of State, unless there is clear and convincing credible evidence that the seizure did not meet the requirements under paragraph (1) or (2), as the case may be, shall immediately take such steps as are necessary—". (b) Section 4 of such Act of 1967 (22 U.S.C. 1974) is amended by striking "any fishery cotivention or treaty to which the United States is a party." and inserting in lieu thereof "any applicable convention or treaty, if that treaty or convention was made with advice and consent to the Senate and was in force and effect for the United States and the seizing country at the time of the seizure.".

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text: Author:Charles P. Howard

title: Author:Charles P. Howard


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Page:United States Statutes at Large Volume 98 Part 1.djvu/493

 PUBLIC LAW 98-364—JULY 17, 1984

98 STAT. 445

(c) The amendments made by subsections (a) and (b) apply with 22 USC 1972 respect to seizures made after April 1, 1983, by foreign countries of note. vessels of the United States. TITLE IV

Commercial Fishing Industry Vessel Act. 46 USC 2101 note. Shipping.

SEC. 401. This title may be cited as the "Commercial Fishing Industrv Vessel Act. SEC. 402. Subtitle 11 of title 46, United States Code, "Shipping", is amended as follows: (1) Section 2101 is amended by— 97 Stat. 501. (A) amending clause (11) thereof to read as follows: "(11) 'fish' means finfish, moUusks, crustaceans, and all other forms of marine animal and plant life, except marine mammals and birds."; (B) inserting immediately after clause (11) the following: "(Ua) 'fishing vessel' means a vessel that commercially engages in the catching, taking, or harvesting of fish or an activity that can reasonably be expected to ^ '^'^^ result in the catching, taking, or harvesting of fish. "(lib) 'fish processing vessel' means a vessel that commercially prepares fish or fish products other than by gutting, decapitating, gilling, skinning, shucking, icing, or brine chilling. "(lie) 'fish tender vessel' means a vessel that commercially supplies, stores, refrigerates, or transports fish, fish products, or materials directly related to fishing or the preparation of fish to or from a fishing, fish processing, or fish tender vessel or a fish processing facility."; and (C) adding the following at the end of clause (21): "(E) on a fishing, fish processing, or fish tender vessel, means an individual transported on the vessel except— "(i) the owner; "(ii) a representative of the owner; "(iii) the managing operator; "(iv) the master; "(v) a crewmember engaged in the business of the vessel who has not contributed consideration for transt portation on board and who is paid for services on board; "(vi) an employee of the owner, or of a subcontractor f' to the owner, engaged in the business of the owner; "(vii) a charterer of the vessel; "(viii) a person with the same relationship to a charterer as a person in subclause (ii) or (vi) of this subclause has to an owner; or "(ix) a guest who has not contributed consideration for transportation on board.". (2) Section 3301 is amended by adding at the end thereof the 97 Stat. 5io. following: "(11) fish processing vessels. "(12) fish tender vessels.". (3) Section 3302(b) and (c) is amended to read as follows: 97 Stat. 510. "(b) A fishing vessel, including a vessel chartered part-time as a fish tender vessel, is exempt from section 3301(1), (7), (11), and (12) of this title.

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text:
Page:Collodi - The Story of a Puppet, translation Murray, 1892.djvu/109

 'I beg your pardon,' replied Pinocchio, 'I am also a criminal.'

'In that case you are perfectly right,' said the jailor; and taking off his hat and bowing to him respectfully he opened the prison doors and let him escape.


text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/494

 98 STAT. 446.
 * f

97 Stat. 513.

97 Stat. 513.

97 Stat. 521.

PUBLIC LAW 98-364—JULY 17, 1984 "(c)(1) A fish processing vessel of not more than 5,000 gross tons is exempt from section 3301(1), (6), (7), (11), and (12) of this title. "(2) A fish tender vessel of not more than 500 gross tons is exempt from section 3301(1), (6), (7), (11), and (12) of this title.". (4) Section 3304 is amended by adding at the end thereof the following: "(d) A fishing, fish processing, or fish tender vessel that transports not more than 12 individuals employed in the fishing industry in addition to the crew is not subject to inspection as a passenger or small passenger vessel.". (5) Section 3306 is amended by adding at the end thereof the following: "(g) In prescribing regulations for fish processing or fish tender vessels, the Secretary shall consult with representatives of the private sector having experience in the operation of these vessels. The regulations shall reflect the specialized nature and economics of fish processing or fish tender vessel operations and the character, design, and construction of fish processing or fish tender vessels.". (6) Section 3702 is amended by— (A) amending subsection (c) to read as follows: "(c) This chapter does not apply to a fishing or fish tender vessel of not more than 500 gross tons when engaged only in the fishing industry."; and (B) amending the first sentence in subsection (d) to read as follows: "TMs chapter does not apply to a fish processing vessel of not more than 5,000 gross tons.". (7)(A) The analysis of part B is amended by striking— "41. Uninspected vessels "43. Recreational vessels

4101 4301"

and inserting in lieu thereof the following: "41. Uninspected vessels generally "43. Recreational vessels "45. Fish processing vessels

4101 4301 4501".

(B) The title of chapter 41 is amended to read as follows:

"CHAPTER 41—UNINSPECTED VESSELS GENERALLY". (C) Part B is amended by adding the following immediately after chapter 43:

"CHAPTER 45—FISH PROCESSING VESSELS "Sec. "4501. Application. "4502. Regulations. "4503. Equivalency. "4504. Penalties.

46 USC 4501.

''1

"(a) This chapter applies to an uninspected fish processing vessel entered into service sdter December 31, 1987, and having more than ftic. ife>=;Ti 16 individuals on board primarily employed in the preparation of fish or fish products— "(1) on the navigable waters of the United States; or
 * § 4501. Application

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Page:United States Statutes at Large Volume 98 Part 1.djvu/495

 PUBLIC LAW 98-364—JULY 17, 1984 "(2) owned in the United States and operating on the high seas. "(b) This chapter does not apply to the carriage of liquid bulk dangerous cargoes regulated under chapter 37 of this title. ^

^

^

^

98 STAT. 447

^7 Stat. 520. 46 USC 3701 et

"§4502.ReguIation8 rusC4502. "(a) For each vessel to which this chapter applies, the Secretary shall prescribe regulations for— "(1) navigation equipment, including radars, fathometers, ^ " compasses, radar reflectors, lights, sound-producing devices, nautical charts, and anchors; "(2) life saving equipment, including life preservers, exposure -• *'^^^' " suits, lifeboats or life rafts, emergency position indicating radio beacons, signaling devices, bilge pumps, bilge alarms, life- and grab-rails, and medicine chests; "(3) fire protection and firefighting equipment, including fire alarms, portable and semi-portable fire extinguishing equip,,^ ^ n. ment, and flame arrestors; "(4) the use and installation of insulation material; "(5) storage methods for flammable or combustible material; and "(6) fuel, ventilation, and electrical systems. "(b) In prescribing regulations under suMection (a) of this section, the Secretary shall— "(1) consider the specialized nature and economics of fish processing vessel operations and the character, design, and construction of fish processing vessels; n x\isr "(2) consult with representatives of the private sector having experience in the operation of these vessels to ensure the practicability of these regulations; and "(3) not compel alteration of a vessel to which the exemption applies or item of equipment on that vessel, or of the construction of a vessel or manufacture of a particular item of equipment which is begun before the effective date of the regulation. "§ 4503. Equivalency 46 USC 4503 • jf

"A vessel to which this chapter applies shall be deemed to comply with the requirements of this chapter if it has an unexpired certificate of inspection issued by a foreign country that is a party to an International Convention for Safety of Life at Sea to which the 16 UST 185. United States Government is currently a party and shall not be required by the Secretary to alter or replace the equipment or structural requirements required under this chapter. "§ 4504. Penalties 46 USC 4504 "If a vessel to which this chapter applies is operated in violation of this chapter or a regulation prescribed under this chapter, the owner, charterer, managing operator, agent, master, and individual in charge are each liable to the United States Government for a civil penalty of not more than $1,000. The vessel also is liable in rem for the penalty.", (8)(A) Item 7111 in the analysis of chapter 71 is amended to , read as follows: "Till. Oral examinations for licenses.".

(B) Section 7111 is amended to read as follows:

97 Stat. 541.

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text: Author:William Lauriston Howard

title: Author:William Lauriston Howard


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Page:United States Statutes at Large Volume 98 Part 1.djvu/496

 98 STAT. 448 46 USC 7111. 97 Stat. 509. -

'

PUBLIC LAW 98-364—JULY 17, 1984 "§ 7111. Oral examinations for licenses "An individual may take an oral examination for a license to serve on a fishing, fish processing, or fish tender vessel not required to be inspected under Part B of this subtitle.". (9)(A) The analysis of chapter 73 is amended by inserting immediately after item 7311 the following: "7311a. Able seamen—fishing industry.".

97 Stat. 541. 97 Stat. 542.

46 USC 7311a

(B) Section 7301(a)(l) is amended by striking "decked fishing vessels" and inserting in lieu thereof "fishing, fish processing, fish tender vessels". (C) Section 7306(b) is amended by adding at the end thereof the following: "(6) able seaman—fishing industry.". (D) Chapter 73 is amended by inserting immediately after 7311 the following:

"§ 7311a. Able seamen—fishing Industry "For service on a fish processing vessel, an individual may be rated as able seaman—fishing industry if the individual has at least 6 months' service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes).". 97 Stat. 543. (E) Section 7312 is amended by adding at the end thereof the following: "(f) Individuals qualified as able seamen—fishing industry under Supra. section 731 l a of this title may constitute— "(1) all of the able seamen required on a fish processing vessel entered into service before January 1, 1988, and of more than 1,600 gross tons but not more than 5,000 gross tons; and "(2) all of the able seamen required on a fish processing vessel entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products but of not more than 5,000 gross tons.". 97 Stat. 548. (10) Section 8102 is amended by (A) inserting "(a)" immediately before the first paragraph; and ,,. J p j (B) adding at the end thereof the following: i •' " "(b) The owner, charterer, managing operator, agent, master, or individual in charge of a fish processing vessel of more than 100 gross tons shall keep a suitable number of watchmen trained in firefighting on board when hotwork is being done to guard against and give alarm in case of a fire.". , ^ 97 Stat. 549. (11) Section 8104 is amended by— (A) striking "100 gross tons," in subsection (b) and inserting in lieu thereof "100 gross tons (except a fishing, fish processing, or fish tender vessel),"; (B) striking "fishing" in subsection (c) and inserting in lieu thereof "fishing, fish processing, fish tender,"; (C) striking "a fishing or whaling vessel," in subsection (d) and inserting in lieu thereof "a fishing, fish tender, or whaling vessel, a fish processing vessel of not more than 5,000 gross tons,"; and i iHi jiiiB T« (D) adding at the end thereof the following:

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Page:United States Statutes at Large Volume 98 Part 1.djvu/497

 PUBLIC LAW 98-364—JULY 17, 1984 "(k) On a fish processing vessel subject to inspection under part B of this subtitle, the licensed individuals and deck crew may be divided, when at sea, into at least 3 watchers. "(1) Except as provided in subsection (k) of this section, on a fish processing vessel, the licensed individuals and deck crew may be divided, when at sea, into at least 2 watches if the vessel— "(1) entered into service before January 1, 1988, and is more than 1,600 gross tons; or "(2), entered into service after December 31, 1987, and has more than 16 individuals on board primarily employed in the preparation of fish or fish products. "(m) This section does not apply to a fish processing vessel— "(1) entered into service before January 1, 1988, and not more than 1,600 gross tons; or "(2) entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products.". (12)(A) Section 8701(a) is amended by— (i) striking "fishing or whaling" and inserting in lieu thereof "fishing, fish tender, or whaling"; (ii) striking "and" after the semicolon at the end of clause (4); (iii) striking the period at the end of clause (5) and • inserting in lieu thereof a semicolon; and (iv) adding at the end thereof the following: "(6) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons or entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products; and "(7) a fish processing vessel (except a vessel to which clause (6) of this subsection applies) with respect to individuals on board primarily employed in the preparation of fish or fish products or in a support position not related to navigation.". (B) Section 8702(a) is amended by— (i) striking "fishing or whaling" and inserting in lieu thereof "fishing, fish tender, or whaling"; (ii) striking "and" after the semicolon at the end of clause (4); (iii) striking the period at the end of clause (5) and inserting in lieu thereof a semicolon; and (iv) adding at the end thereof the following: "(6) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons or entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation of fish or fish products; and "(7) a fish processing vessel (except a vessel to which clause (6) of this subsection applies) with respect to individuals on board primarily employed in the preparation of fish or fish products or in a support position not related to navigation.". (13) Section 10101(a) is amended by adding at the end thereof the following: "(4) "fishing vessel" includes— "(A) a fish tender vessel; or "(B) a fish processing vessel entered into service before January 1, 1988, and not more than 1,600 gross tons or

98 STAT. 449 ^^ Stat. 509.

.^j TV ,; -

j)

97 Stat. 554.

97 Stat. 554. ,,, ^

97 Stat. 560.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/498

 98 STAT. 450

97 Stat. 580.

97 Stat. 580. 97 Stat. 585.

46 USC 3302 note.

97 Stat. 554. ,

., ^ "^

Ante. p. 445.

PUBLIC LAW 98-364—JULY 17, 1984 entered into service after December 31, 1987, and having not more than 16 individuals on board primarily employed in the preparation offish or fish products.". (14) Section 11108 is amended by striking "a fisherman employed on a fishing vessel" and inserting in lieu thereof "an individual employed on a fishing vessel or any fish processing vessel (15) Section 11109(c) is amended to read as follows: "(c) This section applies to an individual employed on a fishing vessel or any fish processing vessel,". (16) Section 12101 is amended by adding at the end thereof the following: "(6) 'fisheries' includes planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation in the navigable waters of the United States or in the fishery conservation zone established by section 101 of the Magnuson Fishery Conservation and Management Act of 1976 (16 U.S.C. 1811).". SEC. 403. (a) Before January 1, 1990, a fishing, fish processing, or ^ j j tender vessel, that is (1) not more than 500 gross tons and (2) in operation, or contracted for purchase to be used as a vessel of this type, before July 1, 1984, may transport cargo to or from a place in Alaska not receiving weekly transportation service from a port of the United States by an established water common carrier, except that the service limitation does not apply to transporting cargo of a type not accepted by that carrier. (b) A fish processing vessel entered into service before January 1, 1988, and more than 1,600 gross tons or entered into service after December 31, 1987, and having more than 16 individuals on board primarily employed in the preparation of fish or fish products is exempt from section 8702(b) of title 46, United States Code, until 18 months after the date of enactment of this Act. (c) As used in subsections (a) and (b) of this section, the terms "fishing vessel", "fish processing vessel" and "fish tender vessel" shall have the meaning given to such terms in section 2101 of title 46, United States Code. Approved July 17, 1984.

(K«l 1'

LEGISLATIVE HISTORY—H.R. 4997: HOUSE REPORT No. 98-758 (Comm. on Merchant Marine and Fisheries). ' * CONGRESSIONAL RECORD, Vol. 130 (1984): June 5, considered and passed House. June 27, considered and passed Senate, amended; House concurred in Senate amendment.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/499

 PUBLIC LAW 98-365—JULY 17, 1984

98 STAT. 451

Public Law 98-365 98th Congress An Act To establish a system to promote the use of land remote-sensing satellite data, and for other purposes.

July 17, 1984 [H.R. 5155]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may Land RemoteSensing be cited as the "Land Remot&Sensing Commercialization Act of Commercializa1984". tion Act of 1984. TITLE I—DECLARATION OF FINDINGS, PURPOSES, AND POLICIES

Communications and telecommunications. 15 USC 4201 note.

FINDINGS Congress. SEC. 101. The Congress Hnds and declares that— (1) the continuous civilian collection and utilization of land 15 USC 4201. remote-sensing data from space are of major benefit in managing the Earth^ natural resources and in planning and conducting many other activities of economic importance; (2) the Federal Government's experimental Landsat system Landsat system. has 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 civil remote sensing and in broadly promoting the beneficial use of remote-sensing data; (4) land remote sensing by the Government or private parties Defense and national of the United States affects internationed commitments and security. policies and national security concerns of the United States; (5) the broadest and most beneficial use of land remotesensing data will result from maintaining a policy of nondiscriminatory access to data; (6) competitive, market-driven private sector involvement in land remote sensing is in the national interest of the United States; (7) use of land remote-sensing data has been inhibited by slow market development and by the lack of assurance of data continuity; (8) the private sector, and in particular the "value-added" industry, is best suited to develop land remote-sensing data markets; (9) there is doubt that the private sector alone can currently develop a total land remote-sensing system because of the high risk and large capital expenditure involved; (10) cooperation between the Federal Government and private industry can help assure both data continuity and United States leadership; (11) the time is now appropriate to initiate such cooperation with phased transition to a fully commercial system; (12) such cooperation should be structured to involve the minimum practicable amount of support and regulation by the

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Page:United States Statutes at Large Volume 98 Part 1.djvu/500

 98 STAT. 452

PUBLIC LAW 98-365—JULY 17, 1984 Federal Government and the maximum practicable amount of competition by the private sector, while assuring continuous availability to the Federal Government of land remote-sensing data; (13) certain Government oversight must be maintained to assure that private sector activities are in the national interest and that the international commitments and policies of the United States are honored; and (14) there is no compelling reason to commercialize meteorological satellites at this time. ,,^,,^;:^.,,^ „ ^, PURPOSES

15 USC 4202.

Defense and national security.

SEC. 102. The purposes of this Act are to— ' (1) guide the Federal Government in achieving proper involvement of the private sector by providing a framework for phased commercialization of land remote sensing and by assuring continuous data availability to the Federal Government; (2) maintain the United States worldwide leadership in civil remote sensing, preserve its nationeil security, and fulfill its international obligations; (3) minimize the duration and amount of further Federal investment necessary to assure data continuity while achieving commercialization of civil land remote sensing; (4) provide for a comprehensive civilian program of research, development, and demonstration to enhance both the United States capabilities for remote sensing from space and the application and utilization of such capabilities; and (5) prohibit commercialization of meteorological satellites at this time. POUCIES

15 USC 4203.

Defense and national security.

'

SEC. 103. (a) It shall be the policy of the United States to preserve its right to acquire and disseminate unenhanced remote-sensing data. (b) It shall be the policy of the United States that civilian unenhanced remote-sensing data be made available to all potential users on a nondiscriminatory basis and in a manner consistent with applicable antitrust laws. (c) It shall be the policy of the United States both to commercialize those remote-s6nsing space systems that properly lend themselves to private sector operation and to avoid competition by the Government with such commercial operations, while continuing to preserve our national security, to honor our international obligations, and to retain in the Government those remote-sensing functions that are essentially of a public service nature. DEFINITIONS - ^ i ' ^ ^

15 USC 4204.

SEC. 104. For purposes of this Act: (1) The term "Landsat system" means Landsats 1, 2, 3, 4, and 5, and any related ground equipment, systems, and facilities, and any successor civil land remote-sensing space systems operated by the United States Government prior to the commencement of the six-year period described in title III. (2) The term "Secretary" means the Secretary of Commerce.

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text:
Author:William E. Hoyt

Articles in Popular Science Monthly

 * 1.

title: Author:William E. Hoyt


text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/501

 PUBLIC LAW 98-365—JULY 17, 1984 (3)(A) The term "nondiscriminatory basis" means without preference, bias, or any other special arrangement (except on the basis of national security concerns pursuant to section 607) regarding delivery, format, financing, or technical considerations which would favor one buyer or class of buyers over another. (B) The sale of data is made on a nondiscriminatory basis only if (i) any offer to sell or deliver data is published in advance in such manner as will ensure that the offer is equally available to all prospective buyers; (ii) the system operator has not established or changed any price, policy, procedure, or other term or condition in a manner which gives one buyer or class of buyer de facto favored access to data; (iii) the system operator does not make unenhanced data available to any purchaser on an exclusive basis; and (iv) in a case where a system operator offers volume discounts, such discounts are no greater than the demonstrable reductions in the cost of volume sales. The sale of data on a nondiscriminatory basis does not preclude the system operator from offering discounts other than volume discounts to the extent that such discounts are consistent with the provisions of this paragraph. (C) The sale of data on a nondiscriminatory basis does not require (i) that a system operator disclose names of buyers or their purchases; (ii) that a system operator maintain all, or any particular subset of, data in a working inventory; or (iii) that a system operator expend equal effort in developing all segments of a market. (4) The term "unenhanced data" means unprocessed or minimally processed signals or film products collected from civil remote-sensing space systems. Such minimal processing may include rectification of distortions, registration with respect to features of the Earth, and calibration of spectral response. Such minimal processing does not include conclusions, manipulations, or calculations derived from such signals or film products or combination of the signals or film products with other data or information. (5) The term "system operator" means a contractor under title II or title III or a license holder under title IV.

98 STAT. 453

'

"'

t«;«i^.H/j

TITLE II—OPERATION AND DATA MARKETING OF LANDSAT SYSTEM OPERATION

SEC. 201. (a) The Secretary shall be responsible for— 15 USC 42ii. (1) the Landsat system, including the orbit, operation, and disposition of Landsats 1, 2,3,4, and 5; and (2) provision of data to foreign ground stations under the terms of agreements between the United States Government and nations that operate such ground stations which are in force on the date of commencement of the contract awarded pursuant to this title. (b) The provisions of this section shall not affect the Secretary's authority to contract for the operation of part or all of the Landsat "•' ^ system, so long as the United States Government retains— (1) ownership of such system; (2) ownership of the unenhanced data; and

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Page:United States Statutes at Large Volume 98 Part 1.djvu/502

 98 STAT. 454

PUBLIC LAW 98-365—JULY 17, 1984 (3) authority to make decisions concerning operation of the system. CONTRACT FOR MARKETING OF UNENHANCED DATA

15 USC 4212.

Congress.

SEC. 202. (a) In accordance with the requirements of this title, the Secretary, by means of a competitive process and to the extent provided in advance by appropriation Acts, shall contract with a United States private sector party (as defined by the Secretary) for the marketing of unenhanced data collected by the Landsat system. Any such contract— (1) shall provide that the contractor set the prices of unenhanced data; (2) may provide for financial arrangements between the Secretary and the contractor including fees for operating the system, payments by the contractor as an initial fee or as a percentage of sales receipts, or other such considerations; (3) shall provide that the contractor will offer to sell and deliver unenhanced data to all potential buyers on a nondiscriminatory basis; (4) shall provide that the contractor pay to the United States Government the full purchase price of any unenhanced data that the contractor elects to utilize for purposes other than sale; (5) shall be entered into by the Secretary only if the Secretary has determined that such contract is likely to result in net cost savings for the United States Government; and (6) may be reawarded competitively after the practical demise of the space segment of the Landsat system, as determined by the Secretary. 0)) Any contract authorized by subsection (a) may specify that the contractor use, and, at his own expense, maintain, repair, or modify, such elements of the Landsat system as the contractor finds necessary for commercial operations. (c) Any decision or proposed decision by the Secretary to enter into any such contract shall be transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives for their review. No such decision or proposed decision shall be implemented unless (A) a period of thirty calendar days has passed after the receipt by each such committee of such transmittal, or (B) each such committee before the expiration of such period has agreed to transmit and has transmitted to the Secretary written notice to the effect that such committee has no objection to the decision or proposed decision. As part of the transmittal, the Secretary shall include information on the terms of the contract described in subsection (a). (d) In defining "United States private sector party" for purposes of this Act, the Secretary may take into account the citizenship of key personnel, location of assets, foreign ownership, control, influence, and other such factors. CONDITIONS OF COMPETITION FOR CONTRACT

15 USC 4213.

SEC. 203. (a) The Secretary shall, as part of the advertisement for the competition for the contract authorized by section 202, identify and publish the international obligations, national security concerns (with appropriate protection of sensitive information), domestic

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Page:United States Statutes at Large Volume 98 Part 1.djvu/503

 PUBLIC LAW 98-365—JULY 17, 1984 legal considerations, and any other standards or conditions which a private contractor shall be required to meet. (b) In selecting a contractor under this title, the Secretary shall consider— (1) ability to market aggressively unenhanced data; (2) the best overall financial return to the Government, including the potential cost savings to the Government that are likely to result from the contract; (3) ability to meet the obligations, concerns, considerations, standards, and conditions identified under subsection (a); (4) technical competence, including the ability to assure continuous and timely delivery of data from the Landsat system; (5) ability to effect a smooth transition with the contractor selected under title III; and (6) such other factors as the Secretary deems appropriate and relevant. (c) If, as a result of the competitive process required by section 202(a), the Secretary receives no proposal which is acceptable under the provisions of this title, the Secretary shall so certify and fully report such finding to the Congress. As soon as practicable but not later than thirty days after so certifying and reporting, the Secretary shall reopen the competitive process. The period for the subsequent competitive process shall not exceed one hundred and twenty days. If, after such subsequent competitive process, the Secretary receives no proposal which is acceptable under the provisions of this title, the Secretary shall so certify and fully report such finding to the Congress. In the event that no acceptable proposal is received, the Secretary shall continue to market data from the Landsat system. (d) A contract awarded under section 202 may, in the discretion of the Secretary, be combined with the contract required by title III, pursuant to section 304(b).

98 STAT. 455

'ia'j

Report.

SALE OF DATA

SEC. 204. (a) After the date of the commencement of the contract described in section 202(a), the contractor shall be entitled to revenues from sales of copies of data from the Landsat system, subject to the conditions specified in sections 601 and 602. (b) The contractor may continue to market data previously generated by the Landsat system after the demise of the space segment of that system.

15 USC 4214.

FOREIGN GROUND STATIONS

SEC. 205. (a) The contract under this title shall provide that the 15 USC 4215. contractor shall act as the agent of the Secretary by continuing to supply unenhanced data to foreign ground stations for the life, and according to the terms, of those agreements between the United States Government and such foreign ground stations that are in force on the date of the commencement of the contract. (b) Upon the expiration of such agreements, or in the case of foreign ground stations that have no agreement with the United States on the date of commencement of the contract, the contract shall provide— i;::S-j

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PUBLIC LAW 98-365—JULY 17, 1984 (1) that unenhanced data from the Landsat system shall be made available to foreign ground stations only by the contractor; and (2) that such data shall be made available on a nondiscriminatory basis. TITLE III—PROVISION OF DATA CONTINUITY AFTER THE LANDSAT SYSTEM PURPOSES AND DEFINITION

15 USC 4221.

SEC. 301. (a) It is the purpose of this title— (1) to provide, in an orderly manner and with minimal risk, for a transition from (Government operation to private, commercial operation of civil land remote-sensing systems; and (2) to provide data continuity for six years after the practical demise of the space segment of the Landsat system. (b) For purposes of this title, the term "data continuity" means the continued availability of unenhanced data— (1) including data which are from the point of view of a data user— (A) functionally equivalent to the multispectral data generated by the Landsat 1 and 2 satellites; and (B) compatible with such data and with equipment used to receive and process such data; and (2) at an annual volume at least equal to the Federal usage during fiscal year 1983. (c) Data continuity may be provided using whatever technologies are available. DATA CONTINUITY AND AVAILABILITY

Contracts with U.S. 15 USC 4222.

SEC. 302. The Secretary shall solicit proposals from United States private sector parties (as defined by the Secretary pursuant to section 202) for a contract for the development and operation of a remote-sensing space system capable of providing data continuity for a period of six years and for marketing unenhanced data in accordance with the provisions of sections 601 and 602. Such proposals, at a minimum, shall specify— (1) the quantities and qualities of unenhanced data expected from the system; (2) the projected date upon which operations could begin; (3) the number of satellites to be constructed and their expected lifetimes; (4) any need for Federal funding to develop the system; (5) any percentage of sales receipts or other returns offered to the Federal Government; (6) plans for expanding the market for land remote-sensing data; and (7) the proposed procedures for meeting the national security concerns and international obligations of the United States in accordance with section 607. AWARDING OF THE CONTRACT

15 USC 4223.

SEC. 303. (a)(1) In accordance with the requirements of this title, the Secretary shall evaluate the proposals described in section 302 and, by means of a competitive process and to the extent provided in

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advance by appropriation Acts, shall contract with the United States private sector party for the capability of providing data continuity for a period of six years and for marketing unenhanced data. (2) Before commencing space operations the contractor shall obtain a license under title IV. (b) As part of the evaluation described in subsection (a), the Secretary shall analyze the expected outcome of each proposal in terms of— (1) the net cost to the Federal Government of developing the recommended system; (2) the technical competence and financial condition of the contractor; (3) the availability of such data after the expected termination of the Landsat system; ^ (4) the quantities and qualities of data to be generated by the recommended system; (5) the contractor's ability to supplement the requirement for data'continuity by adding, at the contractor's expense, remotesensing capabilities which maintain United States leadership in remote sensing; (6) the potential to expand the market for data; (7) expected returns to the Federal Government based on any percentage of data sales or other such financial consideration offered to the Federal Government in accordance with section 305; (8) the commercial viability of the proposal; (9) the proposed procedures for satisfying the national security concerns and international obligations of the United States; (10) the contractor's ability to effect a smooth transition with any contractor selected under title II; and (11) such other factors as the Secretary deems appropriate and relevant. (c) Any decision or proposed decision by the Secretary to enter Congress. into any such contract shall be transmitted to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives for their review. No such decision or proposed decision shall be implemented unless (1) a period of thirty calendar days has passed after the receipt by each such committee of such transmittal, or (2) each such committee before the expiration of such period has agreed to transmit and has transmitted to the Secretary written notice to the effect that such committee has no objection to the decision or proposed decision. As part of the transmittal, the Secretary shall include the information specified in subsection (a). (d) If, as a result of the competitive process required by this Report. section, the Secretary receives no proposal which is acceptable under the provisions of this title, the Secretary shall so certify and fully report such finding to the Congress. As soon as practicable but not later than thirty days after so certifying and reporting, the Secretary shall reopen the competitive process. The period for the subsequent competitive process shall not exceed one hundred and eighty days. If, after such subsequent competitive process, the Secretary receives no proposal which is acceptable under the provisions of this title, the Secretary shall so certify and fully report such finding to the Congress. Not earlier than ninety days after such certification and report, the Secretary may assure data continuity by procure-

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PUBLIC LAW 98-365—JULY 17, 1984 ment and operation by the Federal Government of the necessary systems, to the extent provided in advance by appropriation Acts. TERMS OF CONTRACT

15 USC 4224.

SEC. 304. (a) Any contract entered into pursuant to this title— (1) shall be entered into as soon as practicable, allowing for the competitive procurement process required by this title; (2) shall, in accordance with criteria determined and published by the Secretary, reasonably assure data continuity for a period of six years, beginning as soon as practicable in order to minimize any interruption of data availability; (3) shall provide that the contractor will offer to sell and deliver unenhanced data to edl potential buyers on a nondiscriminatory basis; (4) shall not provide a guarantee of data purchases from the contractor by the Federal Government; (5) may provide that the contractor utilize, on a space-available basis, a civilian United States Government satellite or vehicle as a platform for a civil land remote-sensing space system, if— (A) the contractor agrees to reimburse the Government immediately for all related costs incurred with respect to such utilization, including a reasonable and proportionate share of fixed, platform, data transmission, and launch costs; and (B) such utilization would not interfere with or otherwise compromise intended civilian Government missions, as determined by the agency responsible for the civilian platform; and (6) may provide financial support by the United States Government, for a portion of the capital costs required to provide data continuity for a period of six years, in the form of loans, loan guarantees, or pa5mients pursuant to section 305 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 255). (b)(1) Without regard to whether any contract entered into under this title is combined with a contract under title II, the Secretary shall promptly determine whether the contract entered into under this title reasonably effectuates the purposes and policies of title II. Such determination shall be submitted to the President and the Congress, together with a full statement of the basis for such determination. (2) If the Secretary determines that such contract does not reasonably effectuate the requirements of title II, the Secretary shall promptly carry out the provisions of such title to the extent provided in advance in appropriations Acts. MARKETING

15 USC 4225.

SEC. 305. (a) In order to promote aggressive marketing of land remote-sensing data, any contract entered into pursuant to this title may provide that the percentage of sales paid by the contractor to the Federal Government shall decrease according to stipulated increases in sales levels. (b) After the six-year period described in section 304(aK2), the contractor may continue to sell data. If licensed under title IV, the

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contractor may continue to operate a civil remote-sensing space system. REPORT

SEC. 306. Two years after the date of the commencement of the 15 USC 4226. six-year period described in section 304(a)(2), the Secretary shall report to the President and to the Congress on the progress of the transition to fully private financing, ownership, and operation of remote-sensing space systems, together with any recommendations for actions, including actions necessary to ensure United States leadership in civilian land remote sensing from space. TERMINATION OF AUTHORITY

SEC. 307. The authority granted to the Secretary by this title shall terminate ten years after the date of enactment of tms Act. ^ I-

15 USC 4227.

TITLE IV—LICENSING OF PRIVATE REMOTE-SENSING SPACE SYSTEMS GENERAL AUTHORITY

SEC. 401. (a)(1) In consultation with other appropriate Federal 15 USC 4241. agencies, the Secretary is authorized to license private sector parties to operate private remote-sensing space systems for such period as the Secretary may specify and in accordance with the provisions of this title. (2) In the case of a private space system that is used for remote .efeSi^,''>ey'«! sensing and other purposes, the authority of the Secretary under this title shall be limited only to the remote-sensing operations of such space system. (b) No license shall be granted by the Secretary unless the Secretary determines in writing that the applicant will comply with the requirements of this Act, any regulations issued pursuant to this Act, and any applicable international obligations and national security concerns of the United States. (c) The Secretary shall review any application and make a determination thereon within one hundred and twenty days of the receipt of such application. If final action has not occurred within such time, the Secretary shall inform the applicant of any pending issues and of actions required to resolve them. (d) The Secretary shall not deny such license in order to protect any existing licensee from competition. _f

CONDITIONS FOR OPERATION

SEC. 402. (a) No person who is subject to the jurisdiction or control of the United States may, directly or through any subsidiary or affiliate, operate any private remote-sensing space system without a license pursuant to section 401. (b) Any license issued pursuant to this title shall specify, at a minimum, that the licensee shall comply with all of the requirements of this Act and shall— (1) operate the system in such manner as to preserve and promote the national security of the United States and to observe and implement the mternational obligations of the United States in accordance with section 607;

is use 4242.

Defense and national ^^^^^^ y-

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PUBLIC LAW 98-365—JULY 17, 1984 (2) make unenhanced data available to all potential users on a nondiscriminatory basis; (3) upon termination of operations under the license, make disposition of any satellites in space in a manner satisfactory to the President; (4) promptly make available all unenhanced data which the Secretary may request pursuant to section 602; (5) furnish the Secretary with complete orbit and data collection characteristics of the system, obtain advance approval of any intended deviation from such characteristics, and inform the Secretary immediately of any unintended deviation; (6) notify the Secretary of any agreement the licensee intends to enter with a foreign nation, entity, or consortium involving foreign nations or entities; (7) permit the inspection by the Secretary of the licensee's equipment, facilities, and financial records; (8) surrender the license and terminate operations upon notification by the Secretary pursuant to section 403(a)(l); and (9)(A) notify the Secretary of any "value added" activities (as defined by the Secretary by regulation) that will be conducted by the licensee or by a subsidiary or affiliate; and (B) if such activities are to be conducted, provide the Secretary with a pl£m for compliance with the provisions of this Act concerning nondiscriminatory access. ADMINISTRATIVE AUTHORITY OF THE SECRETARY

15 USC 4243.

SEC. 403. (a) In order to carry out the responsibilities specified in this title, the Secretary may— (1) grant, terminate, modify, condition, transfer, or suspend licenses under this title, and upon notification of the licensee may terminate licensed operations on an immediate basis, if the Secretary determines that the licensee has substantially failed to comply with any provision of this Act, with any regulation issued under this Act, with any terms, conditions, or restrictions of such license, or with any international obligations or national security concerns of the United States; (2) inspect the equipment, facilities, or financial records of any licensee under this title; (3) provide penalties for noncompliance with the requirements of licenses or regulations issued under this title, including civil penalties not to exceed $10,000 (each day of operation in violation of such licenses or regulations constituting a separate violation); (4) compromise, modify, or remit any such civil penalty; (5) issue subpenas for any materials, documents, or records, or for the attendance and testimony of witnesses for the purpose of conducting a hearing under this section; (6) seize any object, record, or report where there is probable cause to believe that such object, record, or report was used, is being used, or is likely to be used in violation of this Act or the requirements of a license or regulation issued thereunder; and (7) make investigations and inquiries and administer to or take from any person an oath, affirmation, or affidavit concerning any matter relating to the enforcement of this Act. (b) Any applicant or licensee who makes a timely request for review of an adverse action pursuant to subsection (a)(1), (a)(3), or

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(a)(6) shall be entitled to adjudication by the Secretary on the record after an opportunity for an agency hearing with respect to such adverse action. Any final action by the Secretary under this subsection shall be subject to judicial review under chapter 7 of title 5, United States Code. 5 USC 701 et seq. REGULATORY AUTHORITY OF THE SECRETARY

SEC. 404. The Secretary may issue regulations to carry out the 15 USC 4244. provisions of this title. Such regulations shall be promulgated only after public notice and comment in accordance with the provisions of section 553 of title 5, United States Code. AGENCY ACTIVITIES

SEC. 405. (a) A private sector party may apply for a license to 15 USC 4245. operate a private remote-sensing space system which utilizes, on a space-available basis, a civilian United States Government satellite or vehicle as a platform for such system. The Secretary, pursuant to the authorities of this title, may license such system if it meets all conditions of this title and— (1) the system operator agrees to reimburse the Government immediately for all related costs incurred with respect to such utilization, including a reasonable and proportionate share of fixed, platform, data transmission, and launch costs; and (2) such utilization would not interfere with or otherwise compromise intended civilian Government missions, as determined by the agency responsible for such civilian platform. (b) The Secretary may offer assistance to private sector parties in finding appropriate opportunities for such utilization. (c) To the extent provided in advance by appropriation Acts, any Federal agency may enter into agreements for such utilization if such agreements are consistent with such agency's mission and statutory authority, and if such remote-sensing space system is licensed by the Secretary before commencing operation. (d) The provisions of this section do not apply to activities carried out under title V. (e) Nothing in this title shall affect the authority of the Federal Communications Commission pursuant to the Communications Act of 1934, as amended (47 U.S.C. 151 et seq.). 47 USC 609.
 * CH|(3^S

TERMINATION

SEC. 406. If, five years after the expiration of the six-year period 15 USC 4246. described in section 304(a)(2), no private sector party has been licensed and continued in operation under the provisions of this title, the authority of this title shall terminate. TITLE V—RESEARCH AND DEVELOPMENT CONTINUED FEDERAL RESEARCH AND DEVELOPMENT

SEC. 501. (a)(1) The Administrator of the National Aeronautics and 15 USC 4261. Space Administration is directed to continue and to enhance such Administration's programs of remote-sensing research and development. (2) The Administrator is authorized and encouraged to—

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^

Report.

PUBLIC LAW 98-365—JULY 17, 1984 (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 Federal agencies and with public and private research entities (including private industry, universities, State and local governments, foreign governments, and international organizations) and to enter into arrangements (including joint ventures) which will foster such cooperation. (b)(l) The Secretary is directed to conduct a continuing program of— (A) research in applications of remote-sensing; (B) monitoring of the Earth and its environment; and (C) development of technology for such monitoring. (2) Such program may include support of basic research at universities and demonstrations of applications. (3) The Secretary is authorized and encouraged to conduct such research, monitoring, and development in cooperation with other Federal agencies and with public and private research entities (including private industry, universities. State and local governments, foreign governments, and international organizations) and to enter into arrangements (including joint ventures) which will foster such cooperation. (c)(1) In order to enhance the United States ability 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. (d) Other Federal agencies are authorized and encouraged to conduct research and development on the use of remote sensing in fulfillment of their authorized missions, using funds appropriated for such purposes. (e) The Secretary and the Administrator of the National Aeronautics and Space Administration shall, within one year after the date of enactment of this Act and biennially thereafter, jointly develop and transmit to the Congress a report which includes (1) a unified national plem for remote-sensing research and development applied to the Earth and its atmosphere; (2) a compilation of progress in the relevant ongoing research and development activities of the Federal agencies; and (3) an assessment of the state of our knowledge of the Earth and its atmosphere, the needs for additional research (including research related to operational Federal remote-sensing space programs), and opportunities available for further progress. USE OF EXPERIMENTAL DATA

15 USC 4262.

SEC. 502. Data gathered in Federal experimental remote-sensing space programs may be used in related research and development programs funded by the Federal Government (including applications

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programs) and cooperative research programs, but not for commercial uses or in competition with private sector activities, except pursuant to section 503. SALE OF EXPERIMENTAL DATA

SEC. 503. Data gathered in Federal experimental remote-sensing 15 USC 4263. space programs may be sold en bloc through a competitive process (consistent with national security interests and international obligations of the United States and in accordance with section 607) to any United States entity which will market the data on a nondiscriminatory basis. TITLE VI—GENERAL PROVISIONS '.Hi

isn's&ifi

NONDISCRIMINATORY DATA AVAILABILITY

SEC. 601. (a) Any unenhanced data generated by any system Public operator under the provisions of this Act shall be made available to il^{jsc^l%'i all users on a nondiscriminatory basis in accordance with the requirements of this Act. (b) Any system operator shall make publicly available the prices, policies, procedures, and other terms and conditions (but, in accordance with section 104(3)(C), not necessarily the names of buyers or their purchases) upon which the operator will sell such data. ARCHIVING OF DATA

SEC. 602. (a) It is in the public interest for the United States is use 4272. Government— (1) to maintain an archive of land remote-sensing data for historical, scientific, and technical purposes, including longterm global environmental monitoring; (2) to control the content and scope of the archive; and (3) to assure the quality, integrity, and continuity of the archive. (b) The Secretary shall provide for long-term storage, mainte;.».a nance, and upgrading of a basic, global, land remote-sensing data set (hereinafter referred to as the "basic data set") and shall follow reasonable archival practices to assure proper storage and preservation of the basic data set and timely access for parties requesting data. The basic data set which the Secretary assembles in the .,,^ ^,, Government archive shall remain distinct from any inventory of '^* ^ data which a system operator may maintain for sales and for other purposes. (c) In determining the initial content of, or in upgrading, the basic data set, the Secretary shall— (1) use as a baseline the data archived on the date of enactment of this Act; (2) take into account future technical and scientific develop':;v; ments and needs; (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;

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Marketing.

Public availability.

PUBLIC LAW 98-365—JULY 17, 1984 (5) include, as the Secretary considers appropriate, unenhanced data generated either by the Landsat system, pursuant to title III, or by licensees under title IV; (6) include, as the Secretary considers appropriate, data collected by foreign ground stations or by foreign remote-sensing space systems; and (7) ensure that the content of the archive is developed in accordance with section 607. (d) Subject to the availability of appropriations, the Secretary shall request data needed for the basic data set and pay to the providing system operator reasonable costs for reproduction and transmission. A system operator shall promptly make requested data available in a form suitable for processing for archiving. (e) Any system operator shall have the exclusive right to sell all data that the operator provides to the United States remote-sensing data archive for a period to be determined by the Secretary but not to exceed ten years from the date the data are sensed. In the case of data generated from the Landsat system prior to the implementation of the contract described in section 202(a), any contractor selected pursuant to section 202 shall have the exclusive right to market such data on behalf of the United States Government for the duration of such contract. A system operator may relinquish the exclusive right and consent to distribution from the archive before the period of exclusive right has expired by terminating the offer to sell particular data. (f) After the expiration of such exclusive right to sell, or after relinquishment of such right, the data provided to the United States remote-sensing data archive shall be in the public domain and shall be made available to requesting parties by the Secretary at prices reflecting reasonable costs of reproduction and transmittal. (g) In carrying out the functions of this section, the Secretary shall, to the extent practicable and as provided in advance by appropriation Acts, use existing Government facilities. NONREPRODUCTION

15 USC 4273.

SEC. 603. Unenhanced data distributed by any system operator under the provisions of this Act may be sold on the condition that such data will not be reproduced or disseminated by the purchaser. REIMBURSEMENT FOR ASSISTANCE

15 USC 4274.

SEC. 604. The Administrator of the National Aeronautics and Space Administration, the Secretary of Defense and the heads of other Federal agencies may provide assistance to system operators under the provisions of this Act. Substantial assistance shall be reimbursed by the operator, except as otherwise provided by law. ACQUISITION OF EQUIPMENT

15 USC 4275.

SEC. 605. The Secretary may, by means of a competitive process, allow a licensee under title IV or any other private party to buy, lease, or otherwise acquire the use of equipment from the Landsat system, when such equipment is no longer needed for the operation of such system or for the sale of data from such system. Officials of other Federal civilian agencies are authorized and encouraged to cooperate with the Secretary in carrying out the provisions of this section.

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RADIO FREQUENCY ALLOCATION

SEC. 606. (a) Within thirty days after the date of enactment of this President of U.S. Act, the President (or the President's delegee, if any, with authority 15 USC 4276. over the assignment of frequencies to radio stations or classes of radio stations operated by the United States) shall make available for nongovernmental use spectrum presently allocated to Government use, for use by United States Landsat and commercial remotesensing space systems. The spectrum to be so made available shall conform to any applicable international radio or wire treaty or convention, or regulations annexed thereto. Within ninety days thereafter, the Federal Communications Commission shall utilize appropriate procedures to authorize the use of such spectrum for nongovernmental use. Nothing in this section shall preclude the ability of the Commission to allocate additional spectrum to commercial land remote-sensing space satellite system use. (b) To the extent required by the Communications Act of 1934, as amended (47 U.S.C. 151 et seq.), an application shall be filed with the 47 USC 609. Federal Communications Commission for any radio facilities involved with the commercial remote-sensing space system. (c) It is the intent of Congress that the Federal Communications Commission complete the radio licensing process under the Commu' • nications Act of 1934, as amended (47 U.S.C. 151 et seq.), upon the application of any private sector party or consortium operator of any commercial land remote-sensing space system subject to this Act, within one hundred and twenty days of the receipt of an application for such licensing. If final action has not occurred within one hundred and twenty days of the receipt of such an application, the Federal Communications Commission shall inform the applicant of any pending issues and of actions required to resolve them. (d) Authority shall not be required from the Federal Communications Commission for the development and construction of any United States land remote-sensing space system (or component thereof), other than radio transmitting facilities or components, while any licensing determination is being made. (e) Frequency allocations made pursuant to this section by the Federal Communications Commission shall be consistent with international obligations and with the public interest. '-^-

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CONSULTATION

SEC. 607. (a) The Secretary shall consult with the Secretary of Defense on all matters under this Act affecting national security. The Secretary of Defense shall be responsible for determining those conditions, consistent with this Act, necessary to meet national security concerns of the United States and for notifying the Secretary promptly of such conditions. (b)(1) The Secretary shall consult with the Secretary of State on all matters under this Act affecting international obligations. The Secretary of State shall be responsible for determining those conditions, consistent with this Act, necessary to meet international obligations and policies of the United States and for notifying the Secretary promptly of such conditions. (2) Appropriate Federal agencies are authorized and encouraged to provide remote-sensing data, technology, and training to developing nations as a component of programs of international aid.

Defense and national security. 15 USC 4277.

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