
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC5658]

 
                      TITLE 15--COMMERCE AND TRADE
 
                 CHAPTER 82--LAND REMOTE SENSING POLICY
 
                    SUBCHAPTER V--GENERAL PROVISIONS
 
Sec. 5658. Enforcement


(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) of this section, the Secretary may impose 
any of the enforcement mechanisms described in subsection (c) of this 
section against a person who--
        (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) of this section 
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) of this 
section. 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 has been, or is 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 the Congress on instances of such 
violations.

(Pub. L. 102-555, title V, Sec. 508, Oct. 28, 1992, 106 Stat. 4179.)
