§ 1534. Assessment of fees for access to environmental data

Footnotes

1. 1 So in original. Probably should be preceded by “and”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989

   Pub. L. 100–685 title IV § 409 · 102 Stat. 4083

   Enacted · 15 U.S.C. § 1534

   Pub. L. 100–685, title IV, § 409, Nov. 17, 1988, 102 Stat. 4100

   Source evidence

   Code source credit
   Pub. L. 100–685, title IV, § 409, Nov. 17, 1988, 102 Stat. 4100

   Enacted provision · exact public law section
   Sec. 409. (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 archived by the National Environmental Satellite, Data, and Information Service of the National Oceanic and Atmospheric Administration. (b) (1) The Secretary shall provide data 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 is 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 to foreign governments and international organizations on a data exchange basis or as otherwise provided by international agreement. (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 shall meet the following requirements: (1) No fees shall be assessed under this section until after September 30, 1989 (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 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 the date of enactment of this Act, 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, 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 environ-mental data activities of the National Oceanic and Atmospheric Administration.

2. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 10201(a)(1) · 104 Stat. 1388

   Substituted · 15 U.S.C. § 1534(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “archived” and all that follows and inserting in lieu thereof “and information and products derived therefrom collected and/or archived by the National Oceanic and Atmospheric Administration.”;

3. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 10201(a)(2) · 104 Stat. 1388

   1. Inserted · 15 U.S.C. § 1534(b)(1)

      Pub. L. 101–508, § 10201(a)(2), inserted “, information, and products” after “provide data”

   2. Substituted · 15 U.S.C. § 1534(b)(1)

      Pub. L. 101–508, § 10201(a)(2), substituted “data, information, and products are” for “data is”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) in subsection (b)(D— (A) by inserting “, information, and products” immediately after “data’ the first place it appears; and (B) by striking “data is” and inserting in lieu thereof “data, information, and products are”;

4. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 10201(a)(3) · 104 Stat. 1388

   1. Inserted · 15 U.S.C. § 1534(b)(2)

      Pub. L. 101–508, § 10201(a)(3), inserted “, information, or products” after “provide data”

   2. Substituted · 15 U.S.C. § 1534(b)(2)

      Pub. L. 101–508, § 10201(a)(3), substituted “basis of exchanging such data, information, and products” for “data exchange basis”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (3) in subsection (b)(2)— (A) by inserting “, information, or products” immediately after “data” the first place it appears; and (B) by striking “data exchange basis” and inserting in lieu thereof “basis of exchanging such data, information, and products”;

5. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 10201(a)(4) · 104 Stat. 1388

   Added · 15 U.S.C. § 1534(b)(3)

   Pub. L. 101–508, § 10201(a)(4), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 101–508, § 10201(a)(4), added par. (3).

   Enacted provision · exact public law section
   (4) in subsection (b), by inserting at the end the following new paragraph: “(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 Administration.”;

6. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 10201(a)(6) · 104 Stat. 1388

   Inserted · 15 U.S.C. § 1534(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (6) in subsections (d), (e), and (f)(D, by inserting “by the National Environmental Satellite, Data, and Information Service for archived data” immediately after “under this section” each place it appears; and

7. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 10201(a)(5) · 104 Stat. 1388

   Amended · 15 U.S.C. § 1534(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (5) by amending paragraph (1) of subsection (d) to read as follows: “(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.”;

8. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 10201(a)(6) · 104 Stat. 1388

   Inserted · 15 U.S.C. § 1534(e); 15 U.S.C. § 1534(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (6) in subsections (d), (e), and (f)(D, by inserting “by the National Environmental Satellite, Data, and Information Service for archived data” immediately after “under this section” each place it appears; and

9. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 10201(a)(7) · 104 Stat. 1388

   Inserted · 15 U.S.C. § 1534(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (7) in subsection (g), by striking the period at the end and inserting in lieu thereof the following: “, including the authority of the Secretary pursuant to section 1307 of title 44, United States Code. 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, United States Code.”.

11 of 11 references resolved to an enrolled provision