PUBLIC LAW 102-555—OCT. 28, 1992

106 STAT. 4179

concerns, the Secretary, in consultation with the Secretary of
Defense or with other Federal agencies, determines that additional
costs will be incurred by the licensee, or that past development
costs (including the cost of capital) will not be recovered by the
licensee, the Secretary may require the agency or agencies request-
ing 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 changes
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 commercial purpose, the Secretary (in
collaboration with private sector entities responsible for the market-
ing 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 dif-
ferent price than such data are made available for other purposes.

(b) AUTHORITY OF SECRETARY.—Subject to subsection (a), the
Secretary may impose any of the enforcement mechanisms described
in subsection (c) against a person who—

(1) receives unenhanced data from 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 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 non-
commercial 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 par-
ties to file formal protests with the Secretary alleging instances
where such unenhanced data has been, or is being, used for commer-
cial 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 annually to the Congress on instances of such
violations.

TITLE VI—PROHIBITION OF COMMERCIALIZATION OF
WEATHER SATELLITES

SEC. 601. PROHIBITION.

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 commercialize, any portion of the weather satellite sys-