15 U.S.C. § 1534 — Assessment of fees for access to environ-

Page 1445 TITLE 15—COMMERCE AND TRADE § 1534 1 So in original. Probably should be preceded by ‘‘and’’. (7) undertake such other activities similar to those specified in this subsection as the Secretary of Commerce determines appro- priate. (Pub. L. 100–418, title V, § 5112(b), Aug. 23, 1988, 102 Stat. 1430.) § 1533. Repealed. Pub. L. 111–358, title IV, § 407(c), Jan. 4, 2011, 124 Stat. 4004 Section, Pub. L. 100–418, title V, § 5163(d), Aug. 23, 1988, 102 Stat. 1451, established the Commerce, Science, and Technology Fellowship Program within the De- partment of Commerce. Editorial Notes CODIFICATION Pub. L. 111–358, § 407(c), which directed the repeal of section 5163(d) of the Omnibus Trade and Competition Act of 1988, was executed by repealing this section, which was section 5163(d) of the Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100–418), to reflect the probable intent of Congress. § 1534. Assessment of fees for access to environ- mental 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 environ- mental data and information and products de- rived therefrom collected and/or archived by the National Oceanic and Atmospheric Administra- tion. (b) Eligible recipients; waiver of fees in cases of foreign governments and international orga- nizations (1) The Secretary shall provide data, informa- tion, and products described in subsection (a) to Federal, State, and local government agencies, to universities, and to other nonprofit institu- tions at the cost of reproduction and trans- mission, if such data, information, and products are to be used for research and not for commer- cial purposes. (2) The Secretary shall waive the assessment of fees under subsection (a) as necessary to con- tinue to provide data, information, or products to foreign governments and international orga- nizations on a basis of exchanging such data, in- formation, and products or as otherwise pro- vided by international agreement. (3) The Secretary shall waive the assessment of fees authorized by subsection (a) as necessary to continue to provide weather warnings, watch- es, and similar products and services essential to the mission of the National Oceanic Atmos- pheric 1 Administration. (c) Publication of fee schedules in Federal Reg- ister; 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 Sec- retary in the Federal Register at least 30 days before such fees will take effect. The initial schedule shall remain in effect without amend- ment for the three-year period beginning on the date that fees under the schedule take effect. (d) Effective date of assessments; progressive in- crements 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 be- ginning 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 ef- fect, 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 pe- riod 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 ef- fect, 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 Na- tional Environmental Satellite, Data, and Infor- mation Service for archived data shall be avail- able to the National Environmental Satellite, Data, and Information Service for expenses in- curred in the operation of its data archive cen- ters. (f) Report to Congressional committees The Secretary shall, not later than 90 days after November 17, 1988, submit to the Com- mittee on Commerce, Science, and Transpor- tation 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 Envi- ronmental Satellite, Data, and Information Service for archived data, including the meth- odology and bases by which the amount of such fees shall be determined, and the esti- mated revenues therefrom; and (2) any plan of the Secretary for using reve- nues generated from such fees, as well as other resources, to improve the capability of the Na- tional Environmental Satellite, Data, and In- formation Service to collect, manage, process, archive, and disseminate the increasing amounts of data generated from satellites, ra- dars, 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 Na- tional Oceanic and Atmospheric Administration, including the authority of the Secretary pursu- ant to section 1307 of title 44. Nothing in this Page 1446 TITLE 15—COMMERCE AND TRADE § 1535 section shall be construed to authorize the Sec- retary to assess fees for nautical and aero- nautical 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, § 409, Nov. 17, 1988, 102 Stat. 4100; Pub. L. 101–508, title X, § 10201(a), Nov. 5, 1990, 104 Stat. 1388–392.) Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–508, § 10201(a)(1), sub- stituted ‘‘and information and products derived there- from collected and/or archived by the National Oceanic and Atmospheric Administration’’ for ‘‘data archived by the National Environmental Satellite, Data, and In- formation Service of the National Oceanic and Atmos- pheric 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, informa- tion, 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 Infor- mation 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), in- serted ‘‘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 be- fore 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 Sec- retary to assess fees for nautical and aeronautical prod- ucts of the National Oceanic and Atmospheric Adminis- tration in addition to those fees authorized under sec- tion 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 at- tributable 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 de- scribed in paragraph (1) shall be achieved by the Sec- retary of Commerce through fair and equitable in- creases in fees for services offered by the various pro- grams of the National Oceanic and Atmospheric Ad- ministration. ‘‘(3) The Secretary of Commerce shall notify the Con- gress 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.’’ § 1535. Repealed. Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444 Section, Pub. L. 101–611, title I, § 115(b), Nov. 16, 1990, 104 Stat. 3201, related to annual reports of activities of the Office of Space Commerce. See section 50703 of Title 51, National and Commercial Space Programs. § 1536. Prohibition against fraudulent use of ‘‘Made in America’’ labels If it has been finally determined by a court or a Federal agency that any person intentionally affixed a label bearing a ‘‘Made in America’’ in- scription, or an inscription with the same mean- ing, to any product sold in or shipped to the United States that is not made in the United States, that person shall be ineligible to receive any contract or subcontract from the Depart- ment of Commerce, pursuant to the debarment, suspension, and ineligibility procedures in sub- part 9.4 of chapter 1 of title 48, Code of Federal Regulations. (Pub. L. 102–245, title I, § 111(b), Feb. 14, 1992, 106 Stat. 14.) § 1537. Needs assessment for data management, archival, and distribution (1) Not later than 12 months after October 29, 1992, and at least biennially thereafter, the Sec- retary of Commerce shall complete an assess- ment of the adequacy of the environmental data and information systems of the National Oce- anic and Atmospheric Administration. In con- ducting such an assessment, the Secretary shall take into consideration the need to— (A) provide adequate capacity to manage, ar- chive, and disseminate environmental data and information collected and processed, or expected to be collected and processed, by the National Oceanic and Atmospheric Adminis- tration and other appropriate departments and agencies; (B) establish, develop, and maintain infor- mation bases, including necessary manage- ment systems, which will promote consistent, efficient, and compatible transfer and use of data; (C) develop effective interfaces among the environmental data and information systems of the National Oceanic and Atmospheric Ad- ministration and other appropriate depart- ments and agencies; (D) develop and use nationally accepted for- mats and standards for data collected by var- ious national and international sources; and (E) integrate and interpret data from dif- ferent sources to produce information that can be used by decisionmakers in developing poli- cies that effectively respond to national and global environmental concerns. (2) Not later than 12 months after October 29, 1992, and biennially thereafter, the Secretary of Commerce shall develop and submit to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a comprehensive plan, based on the assessment under paragraph (1), to mod- ernize and improve the environmental data and information systems of the National Oceanic and Atmospheric Administration. The report shall— (A) set forth modernization and improve- ment objectives for the 10-year period begin- ning with the year in which the plan is sub-