51 U.S.C. § 60148: Enforcement

Summary

Create and run a system so unenhanced Landsat data given only for noncommercial use are not later used for commercial purposes when the noncommercial price is different from the commercial price. The Secretary, working with the private companies that sell or distribute the data, may punish people who break this rule. Punishments can include civil fines up to $10,000 per day per violation, stopping them from buying more unenhanced data, or other steps needed to prevent unfair competition. The Secretary must write rules and set procedures for how penalties are applied. There must be a way for harmed parties to file formal complaints. The Secretary must investigate those complaints quickly and must report to Congress each year about any violations.

Title 51, §60148

National and Commercial Space Programs, Source: USLM XML via OLRC

(a)In General.—

In order to ensure that unenhanced data from the Landsat system received solely for noncommercial purposes are not used for any commercial purpose, the Secretary (in collaboration with private sector entities responsible for the marketing and distribution of unenhanced data generated by the Landsat system) shall develop and implement a system for enforcing this prohibition, in the event that unenhanced data from the Landsat system are made available for noncommercial purposes at a different price than such data are made available for other purposes.

(b)Authority of Secretary.—

Subject to subsection (d), the Secretary may impose any of the enforcement mechanisms described in subsection (c) against a person that—

(1)receives unenhanced data from the Landsat system under this chapter solely for noncommercial purposes (and at a different price than the price at which such data are made available for other purposes); and

(2)uses such data for other than noncommercial purposes.

(c)Enforcement Mechanisms.—

Enforcement mechanisms referred to in subsection (b) may include civil penalties of not more than $10,000 (per day per violation), denial of further unenhanced data purchasing privileges, and any other penalties or restrictions the Secretary considers necessary to ensure, to the greatest extent practicable, that unenhanced data provided for noncommercial purposes are not used to unfairly compete in the commercial market against private sector entities not eligible for data at the cost of fulfilling user requests.

(d)Procedures and Regulations.—

The Secretary shall issue any regulations necessary to carry out this section and shall establish standards and procedures governing the imposition of enforcement mechanisms under subsection (b). The standards and procedures shall include a procedure for potentially aggrieved parties to file formal protests with the Secretary alleging instances where such unenhanced data have been, or are being, used for commercial purposes in violation of the terms of receipt of such data. The Secretary shall promptly act to investigate any such protest, and shall report annually to Congress on instances of such violations.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 6014815 U.S.C. 5658.Pub. L. 102–555, title V, § 508, Oct. 28, 1992, 106 Stat. 4179. In subsection (d), in the second sentence, the words “have been, or are being” are substituted for “has been, or is being” to correct an error in the law.

§60148 Enforcement

Summary

Title 51, §60148

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata