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51 U.S.C. § 60148 — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(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
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 5651, Pub. L. 102–555, title V, § 501, Oct. 28, 1992, 106 Stat. 4176, related to nondiscriminatory data availability. See [section 60141 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60141&num=0&edition=prelim), National and Commercial Space Programs.
Section 5652, Pub. L. 102–555, title V, § 502, Oct. 28, 1992, 106 Stat. 4176, related to archiving of data. See [section 60142 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60142&num=0&edition=prelim).
Section 5653, Pub. L. 102–555, title V, § 503, Oct. 28, 1992, 106 Stat. 4177, related to nonreproduction of unenhanced data. See [section 60143 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60143&num=0&edition=prelim).
Section 5654, Pub. L. 102–555, title V, § 504, Oct. 28, 1992, 106 Stat. 4177, related to reimbursement for assistance. See [section 60144 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60144&num=0&edition=prelim).
Section 5655, Pub. L. 102–555, title V, § 505, Oct. 28, 1992, 106 Stat. 4177, related to acquisition of equipment. See [section 60145 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60145&num=0&edition=prelim).
Section 5656, Pub. L. 102–555, title V, § 506, Oct. 28, 1992, 106 Stat. 4177, related to radio frequency allocation. See [section 60146 of Title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section60146&num=0&edition=prelim).
Section 5657, Pub. L. 102–555, title V, § 507, Oct. 28, 1992, 106 Stat. 4178, related to consultation regarding national security, international obligations, status reports, and certain reimbursements.
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Federal law — U.S. Code and appendices · legal_authorities
Page 157
TITLE 51—NATIONAL AND COMMERCIAL SPACE PROGRAMS
§ 60301
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
60147 ..........
15 U.S.C. 5657.
Pub. L. 102–555, title V, § 507,
Oct. 28, 1992, 106 Stat. 4178.
§ 60148. Enforcement
(a) IN
GENERAL.—In order to ensure that
unenhanced data from the Landsat system re-
ceived solely for noncommercial purposes are
not used for any commercial purpose, the Sec-
retary (in collaboration with private sector enti-
ties responsible for the marketing and distribu-
tion 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 sub-
section (d), the Secretary may impose any of the
enforcement
mechanisms
described
in
sub-
section (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 non-
commercial 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 pro-
vided for noncommercial purposes are not used
to unfairly compete in the commercial market
against private
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