Page:United States Statutes at Large Volume 106 Part 5.djvu/531

 PUBLIC LAW 102-555—OCT. 28, 1992 106 STAT. 4169 enter into negotiations with the Landsat 6 contractor to formalize an arrangement with respect to pricing, distribution, acquisition, archiving, and availability of unenhanced data for which the Landsat 6 contractor has responsibility under its contract. Such arrangement shall provide for a phased transition to a data policy consistent with the Landsat 7 data policy (developed pursuant to section 105) by the date of initial operation of Landsat 7. Conditions of the phased arrangement should require that the Landsat 6 contractor adopt provisions so that by the final phase of the transition period— (1) such unenhanced data shall be provided, at a minimum, to the United States Government and its affiliated users at the cost of fulfilling user requests, on the condition that such unenhanced data are used solely for noncommercial purposes; (2) instructional data sets, selectedfiromthe Landsat data archives, will be made available to educational institutions exclusively for noncommercial, educational purposes at the cost offiilfiliinguser requests; (3) Landsat data users are able to acquire unenhanced data contained in the collective eurchives of foreign ground stations as easily and afibrdably as practicable; (4) adequate data necessary to meet the needs of global environmental change resecu:Y:hers and national security users are acquired; (5) the United States Government and its affiliated users shall not be prohibitedfiromreproduction or dissemination of unenhanced data to other agencies of the United States Government and other affiliated users, on the condition that such unenhanced data are used solely for noncommercial purposes; (6) nonprofit, public interest entities receive vouchers, data grants, or other such means of providing them with unenhanced data at the cost of fiilfilUng user requests, on the condition that such unenhanced data are used solely for noncommercial purposes. (7) a viable role for the private sector in the promotion and development of the commercial market for value added and other services using unenhanced data from the Landsat system is preserved; and (8) unenhanced data from the Landsat system are provided to the National Satellite Land Remote Sensing Data Archive at no more than the cost of fulfilling user requests. (b) FAILURE TO REACH AGREEMENT.— If negotiations under sub- Reports. section (a) have not, by September 30, 1993, resulted in an agreement that the Landsat Program Management determines generally achieves the goals stated in subsection 0)) (1) through (8), the Administrator and the Secretary of Defense shall, within 30 days after the date of such determination, jointly certify and report such determination to the Congress. The report shall include a review of options and projected costs for achieving such goals, and shall include recommendations for achieving such goals. The options reviewed shall include— (1) retaining the existing or modified contract with the Landsat 6 contractor; (2) the termination of existing contracts for the exclusive right to market unenhanced Landsat data; and

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