51 U.S.C. § 60161 — Prohibition

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 sector entities not eligible for data at the cost of fulfilling user requests. (d) PROCEDURES AND REGULATIONS.—The Sec- retary shall issue any regulations necessary to carry out this section and shall establish stand- ards 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. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3421.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60148 .......... 15 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. SUBCHAPTER VI—PROHIBITION OF COM- MERCIALIZATION OF WEATHER SAT- ELLITES § 60161. Prohibition Neither the President nor any other official of the Government shall make any effort to lease, sell, or transfer to the private sector, or com- mercialize, any portion of the weather satellite systems operated by the Department of Com- merce or any successor agency. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3422.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60161 .......... 15 U.S.C. 5671. Pub. L. 102–555, title VI, § 601, Oct. 28, 1992, 106 Stat. 4179. § 60162. Future considerations Regardless of any change in circumstances subsequent to October 28, 1992, even if such change makes it appear to be in the national in- terest to commercialize weather satellites, nei- ther the President nor any official shall take any action prohibited by section 60161 of this title unless this subchapter has first been re- pealed. (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3422.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60162 .......... 15 U.S.C. 5672. Pub. L. 102–555, title VI, § 602, Oct. 28, 1992, 106 Stat. 4180. The date ‘‘October 28, 1992’’ is substituted for ‘‘the en- actment of this Act’’ to reflect the date of enactment of the Land Remote Sensing Policy Act of 1992 (Public Law 102–555, 106 Stat. 4163). CHAPTER 603—REMOTE SENSING Sec. 60301. Definitions. 60302. General responsibilities. 60303. Pilot projects to encourage public sector ap- plications. 60304. Program evaluation. 60305. Data availability. 60306. Education. § 60301. Definitions In this chapter: (1) GEOSPATIAL INFORMATION.—The term ‘‘geospatial information’’ means knowledge of the nature and distribution of physical and cultural features on the landscape based on analysis of data from airborne or spaceborne platforms or other types and sources of data. (2) HIGH RESOLUTION.—The term ‘‘high reso- lution’’ means resolution better than five me- ters. (3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (Pub. L. 111–314, § 3, Dec. 18, 2010, 124 Stat. 3423.)