Page:United States Statutes at Large Volume 106 Part 5.djvu/541

 PUBLIC LAW 102-555—OCT. 28, 1992 106 STAT. 4179 concerns, the Secretary, in consultation with the Secretary of Defense or with other Federal a^^ncies, determines that additional costs will be incurred by the hcensee, or that past development costs (including the cost of capital) will not be recovered by the licensee, the S^n^tary may require the agency or agencies requesting such technical modifications to reimburse the licensee for such additional or development costs, but not for anticipated profits. Reimbursements may cover costs associated with required cnanges in system performance, but not costs ordinarily associated with doing business abroad. SEC. 508. ENFORCEMENT. 15 USC 5658. (a) IN GENERAL. — In order to ensure that unenhanced data from the Landsat system received solely for noncommercial purposes are not used for any conmiercial 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 svstem for enforcing this prohibition, in the event that unenhanced data from the Lcuidsat system are made available for noncommercial purposes at a dif- ferent price than such data are made available tor 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 who^ (1) receives unenhanced data frt>m the Landsat system under this Act solely for noncommercial purposes (and at a different price than the price at which such data are made available tor other purposes); and (2) uses such data for other than noncommercial piirposes. (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 fulfulinguser requests. (d) PROCEDURES AND REGULATIONS.—The Secretary shall issue any regulations necessary to carry out this section and shall esteblish 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 witii 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. Reports. and shall report armually to the Congress on instances of such violations. TITLE VI—PROHIBITION OF COMMERCIALIZATION OF WEATHER SATELLITES SEC. 601. PROHmrnON. 15 USC 5671. Neither the President nor any other official of the Government shall make any effort to lease, sell, or transfer to the private sector, or commerciaUze, any portion of the weather satellite sys-

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