§ 1534. — Assessment of fees for access to environmental data.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1534]
TITLE 15--COMMERCE AND TRADE
CHAPTER 40--DEPARTMENT OF COMMERCE
Sec. 1534. Assessment of fees for access to environmental data
(a) Basis of assessment
Except as otherwise provided in this section, the Secretary is
authorized to assess fees, based on fair market value, for access to
environmental data and information and products derived therefrom
collected and/or archived by the National Oceanic and Atmospheric
Administration.
(b) Eligible recipients; waiver of fees in cases of foreign governments
and international organizations
(1) The Secretary shall provide data, information, and products
described in subsection (a) of this section to Federal, State, and local
government agencies, to universities, and to other nonprofit
institutions at the cost of reproduction and transmission, if such data,
information, and products are to be used for research and not for
commercial purposes.
(2) The Secretary shall waive the assessment of fees under
subsection (a) of this section as necessary to continue to provide data,
information, or products to foreign governments and international
organizations on a basis of exchanging such data, information, and
products or as otherwise provided by international agreement.
(3) The Secretary shall waive the assessment of fees authorized by
subsection (a) of this section as necessary to continue to provide
weather warnings, watches, and similar products and services essential
to the mission of the National Oceanic Atmospheric \1\ Administration.
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\1\ So in original. Probably should be preceded by ``and''.
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(c) Publication of fee schedules in Federal Register; initial schedule
effective for three-year period
The initial schedule of any fees assessed under this section, and
any subsequent amendment to such schedule, shall be published by the
Secretary in the Federal Register at least 30 days before such fees will
take effect. The initial schedule shall remain in effect without
amendment for the three-year period beginning on the date that fees
under the schedule take effect.
(d) Effective date of assessments; progressive increments
Any assessment of fees under this section by the National
Environmental Satellite, Data, and Information Service for archived data
shall meet the following requirements:
(1) The initial schedule of fees established by the National
Environmental Satellite, Data, and Information Service for archived
data shall remain in effect for the 3-year period beginning on the
date that the fees under that schedule take effect.
(2) With respect to the first one-year period during which the
initial fee schedule is in effect, fees shall be assessed at no more
than one-third of the fair market value specified in subsection (a)
of this section.
(3) With respect to the second one-year period during which the
initial fee schedule is in effect, fees shall be assessed at not
more than two-thirds of such fair market value.
(4) With respect to the third one-year period during which the
initial fee schedule is in effect, and with respect to any period
thereafter, fees shall be assessed at no more than the full amount
of such fair market value.
(e) Data archive center operations; availability of fees for expenses of
centers
Fees collected under this section by the National Environmental
Satellite, Data, and Information Service for archived data shall be
available to the National Environmental Satellite, Data, and Information
Service for expenses incurred in the operation of its data archive
centers.
(f) Report to Congressional committees
The Secretary shall, not later than 90 days after November 17, 1988,
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of the House
of Representatives a report which sets forth--
(1) any plan of the Secretary for assessing fees under this
section by the National Environmental Satellite, Data, and
Information Service for archived data, including the methodology and
bases by which the amount of such fees shall be determined, and the
estimated revenues therefrom; and
(2) any plan of the Secretary for using revenues generated from
such fees, as well as other resources, to improve the capability of
the National Environmental Satellite, Data, and Information Service
to collect, manage, process, archive, and disseminate the increasing
amounts of data generated from satellites, radars, and other
technologies.
(g) Other assessment authorities unaffected
The authority of the Secretary to assess fees under this section
shall be in addition to, and shall not be construed to limit, the
authority under any other law to assess fees relating to the
environmental data activities of the National Oceanic and Atmospheric
Administration, including the authority of the Secretary pursuant to
section 1307 of title 44. Nothing in this section shall be construed to
authorize the Secretary to assess fees for nautical and aeronautical
products of the National Oceanic and Atmospheric Administration in
addition to those fees authorized under section 1307 of title 44.
(Pub. L. 100-685, title IV, Sec. 409, Nov. 17, 1988, 102 Stat. 4100;
Pub. L. 101-508, title X, Sec. 10201(a), Nov. 5, 1990, 104 Stat. 1388-
392.)
Amendments
1990--Subsec. (a). Pub. L. 101-508, Sec. 10201(a)(1), substituted
``and information and products derived therefrom collected and/or
archived by the National Oceanic and Atmospheric Administration'' for
``data archived by the National Environmental Satellite, Data, and
Information Service of the National Oceanic and Atmospheric
Administration''.
Subsec. (b)(1). Pub. L. 101-508, Sec. 10201(a)(2), inserted ``,
information, and products'' after ``provide data'' and substituted
``data, information, and products are'' for ``data is''.
Subsec. (b)(2). Pub. L. 101-508, Sec. 10201(a)(3), inserted ``,
information, or products'' after ``provide data'' and substituted
``basis of exchanging such data, information, and products'' for ``data
exchange basis''.
Subsec. (b)(3). Pub. L. 101-508, Sec. 10201(a)(4), added par. (3).
Subsec. (d). Pub. L. 101-508, Sec. 10201(a)(6), inserted ``by the
National Environmental Satellite, Data, and Information Service for
archived data'' after ``under this section'' in introductory provisions.
Subsec. (d)(1). Pub. L. 101-508, Sec. 10201(a)(5), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``No fees shall
be assessed under this section until after September 30, 1989.''
Subsecs. (e), (f)(1). Pub. L. 101-508, Sec. 10201(a)(6), inserted
``by the National Environmental Satellite, Data, and Information Service
for archived data'' after ``under this section''.
Subsec. (g). Pub. L. 101-508, Sec. 10201(a)(7), inserted before
period at end ``, including the authority of the Secretary pursuant to
section 1307 of title 44. Nothing in this section shall be construed to
authorize the Secretary to assess fees for nautical and aeronautical
products of the National Oceanic and Atmospheric Administration in
addition to those fees authorized under section 1307 of title 44''.
Change of Name
Committee on Science, Space, and Technology of House of
Representatives treated as referring to Committee on Science of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Effect of Amendments
Section 10201(b) of Pub. L. 101-508 provided that:
``(1) The increase in revenues to the United States attributable to
the amendments made by subsection (a) [amending this section] shall not
exceed--
``(A) $2,000,000 for each of the fiscal years 1991, 1992, and
1993; and
``(B) $3,000,000 for each of the fiscal years 1994 and 1995.
``(2) Increases in revenues to the United States described in
paragraph (1) shall be achieved by the Secretary of Commerce through
fair and equitable increases in fees for services offered by the various
programs of the National Oceanic and Atmospheric Administration.
``(3) The Secretary of Commerce shall notify the Congress of any
changes in fee schedules under section 409 of the Act of November 17,
1988 (15 U.S.C. 1534), before such changes take effect.''
