Page:United States Statutes at Large Volume 98 Part 1.djvu/506

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 458

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