Page:United States Statutes at Large Volume 98 Part 1.djvu/505

 PUBLIC LAW 98-365—JULY 17, 1984

98 STAT. 457

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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