§1534 — Title 15 Commerce and Trade | U.S. Code

Summary

Allows the Secretary to charge fair-market fees for NOAA environmental data and products. Federal, State, and local governments, universities, and other nonprofits get those data at only the cost to copy and send them when the use is for research and not for commercial gain. Fees must be waived for foreign governments and international groups when data are exchanged or covered by international agreement. Fees must also be waived when needed to keep providing weather warnings, watches, and similar mission-essential services. Any fee schedule must be published in the Federal Register at least 30 days before it starts, and the first schedule must stay in place for three years. For archived data managed by NESDIS, fees are phased in: no more than one-third of fair market value in year one, no more than two-thirds in year two, and up to the full amount in year three and after. Fees collected for archived data may be used to run data archive centers. Within 90 days after November 17, 1988, the Secretary had to report to Congress the fee plan, how fees would be set and estimated revenues, and how the money would be used to improve data collection, management, and archiving. These fee powers are in addition to other fee laws and do not allow adding extra charges for nautical or aeronautical products beyond what existing law allows.

Title 15, §1534

Commerce and Trade — Source: USLM XML via OLRC

(a)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)(1)The Secretary shall provide data, information, and products described in subsection (a) 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) 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) as necessary to continue to provide weather warnings, watches, and similar products and services essential to the mission of the National Oceanic Atmospheric 11 So in original. Probably should be preceded by “and”. Administration.

(c)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)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).

(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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Subsec. (a). Pub. L. 101–508, § 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, § 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, § 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, § 10201(a)(4), added par. (3). Subsec. (d). Pub. L. 101–508, § 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, § 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, § 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, § 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”.

Statutory Notes and Related Subsidiaries

Effect of

Amendments

Pub. L. 101–508, title X, § 10201(b), Nov. 5, 1990, 104 Stat. 1388–393, 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.”

§1534 Assessment of fees for access to environmental data

Summary

Title 15, §1534

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Amendments

Amendments

Citations & Metadata