§ 1307. — National Oceanic and Atmospheric Administration: nautical products, sale and distribution.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC1307]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 13--PARTICULAR REPORTS AND DOCUMENTS
Sec. 1307. National Oceanic and Atmospheric Administration:
nautical products, sale and distribution
(a)(1) All nautical products created or published by the National
Oceanic and Atmospheric Administration shall be sold at such prices as
the Secretary of Commerce shall establish annually, in accordance with
the provisions of this subsection. The Secretary shall publish annually
the prices at which nautical products are sold to the public.
(2)(A) Subject to subparagraph (B) of this paragraph, the prices of
nautical products may be increased over a period of not less than three
years after the date of enactment of this section so as to recover all
costs attributable to data base management, compilation, printing, and
distribution of such products. The prices of such products may be
maintained to recover all such costs thereafter.
(B) The Secretary, after consultation with the Secretary of
Transportation, shall adjust the prices of nautical products in such
manner as is necessary to avoid any adverse impact on marine safety
attributable to the prices specified in subparagraph (A) of this
paragraph.
(3) This section shall not be construed to require the establishment
of any price for a nautical product where, in the judgment of the
Secretary, furnishing of that product to a recipient is a reasonable
exchange for voluntary contribution of information by the recipient to a
program of the National Oceanic and Atmospheric Administration.
(4) Prices established under this section may not include costs
attributable to the acquisition or processing of nautical data.
(b) Fees collected from the sale of nautical products under this
section and from any licensing of such products which is permitted under
any other provision of law shall be deposited in the miscellaneous
receipts fund of the United States Treasury.
(c) The Secretary may distribute nautical products--
(1) without charge to each foreign government or international
organization with which the Secretary or a Federal department or
agency has an agreement for exchange of these products without cost;
and
(2) at prices which the Secretary establishes, to the
departments and officers of the United States requiring them for
official use.
(d) The fees provided for in this section are for the purpose of
reimbursing the United States Government for the costs of creating,
publishing or distributing nautical products of the National Oceanic and
Atmospheric Administration. The collection of fees authorized by this
section shall not alter or expand any duty or liability of the United
States under existing law for the performance of functions for which
fees are collected, nor shall the collection of fees constitute an
express or implied undertaking by the United States to perform any
activity in a certain manner.
(e) For purposes of this section, the term ``nautical products''
includes all nautical charts, tide and tidal current tables, tidal
current charts, coast pilots, water level products, and associated data
bases which are created or published by the National Oceanic and
Atmospheric Administration.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1266; Pub. L. 99-272, title VI,
Sec. 6011(a), Apr. 7, 1986, 100 Stat. 121; Pub. L. 105-362, title II,
Sec. 201(a), Nov. 10, 1998, 112 Stat. 3282; Pub. L. 106-181, title VI,
Sec. 606(a)-(c), Apr. 5, 2000, 114 Stat. 154.)
Historical and Revision Notes
Based on 44 U.S. Code, 1964 ed., Sec. 246 (Jan. 12, 1895, ch. 23,
Sec. 76, 28 Stat. 620; Feb. 14, 1903, ch. 552, Secs. 4, 10, 32 Stat.
826, 829; July 1, 1916 ch. 209, Sec. 1, 39 Stat. 320; June 5, 1920, ch.
235, Sec. 1, 41 Stat. 929; Oct. 31, 1951, ch. 654, Sec. 3(11), 65 Stat.
708; July 9, 1956, ch. 528, 70 Stat. 512; Aug. 14, 1964, Pub. L. 88-441,
78 Stat. 446).
The reference to the Environmental Science Service Administration is
inserted on the authority of Reorganization Plan No. 2 of 1965.
References in Text
The date of enactment of this section, referred to in subsec.
(a)(2)(A), probably means the date of enactment of Pub. L. 99-272, which
was approved Apr. 7, 1986.
Amendments
2000--Pub. L. 106-181, Sec. 606(a)(1), struck out ``and
aeronautical'' after ``nautical'' in section catchline.
Subsec. (a)(1), (2)(A). Pub. L. 106-181, Sec. 606(a)(2), struck out
``and aeronautical'' after ``nautical'' wherever appearing.
Subsec. (a)(2)(B). Pub. L. 106-181, Sec. 606(a)(2), (b), struck out
``or aeronautical'' after ``nautical'' and ``aviation and'' after
``impact on''.
Subsec. (a)(3), (4). Pub. L. 106-181, Sec. 606(a)(2), struck out
``or aeronautical'' after ``nautical''.
Subsec. (b). Pub. L. 106-181, Sec. 606(a)(2), struck out ``or
aeronautical'' after ``nautical''.
Subsec. (c). Pub. L. 106-181, Sec. 606(a)(2), struck out ``and
aeronautical'' after ``nautical'' in introductory provisions.
Subsec. (d). Pub. L. 106-181, Sec. 606(c), struck out ``aeronautical
and'' after ``publishing or distributing''.
Subsec. (e). Pub. L. 106-181, Sec. 606(a)(2), struck out ``and
aeronautical'' after ``nautical'' in two places.
1998--Subsec. (a)(2)(A). Pub. L. 105-362 struck out at end ``At the
end of such period and every three years thereafter, the Secretary,
after consultation with the Secretary of Transportation, shall report to
the Congress on the effect of imposing or maintaining such increased
prices, including any impact on aviation and marine safety.''
1986--Subsec. (a). Pub. L. 99-272 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ``The charts published
by the Environmental Science Service Administration shall be sold at
cost of paper and printing as nearly as practicable. The price to the
public shall include all expenses incurred in actual reproduction of the
charts after the original cartography, such as photography, opaquing,
platemaking, press time and bindery operations; the full postage rates,
according to the rates for postal services used; and any additional cost
factors considered appropriate by the Secretary such as overhead and
administrative expenses allocable to the production of the charts and
related reference materials. The costs of basic surveys and geodetic
work done may not be included in the price of the charts and reference
materials. The Secretary of Commerce shall publish the prices at which
charts and reference materials are sold to the public at least once each
calendar year.''
Subsec. (b). Pub. L. 99-272 amended subsec. (b) generally. Prior to
amendment, subsec. (b) read as follows: ``There may not be free
distribution of charts except to the departments and officers of the
United States requiring them for public use; and a number of copies of
each sheet, not to exceed three hundred, to be presented to such foreign
governments, libraries, and scientific associations, and institutions of
learning as the Secretary of Commerce directs; but on the order of
Senators and Representatives not to exceed one hundred copies to each
may be distributed through the Environmental Science Service
Administration.''
Subsecs. (c) to (e). Pub. L. 99-272 added subsecs. (c) to (e).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-181 applicable only to fiscal years
beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181, set
out as a note under section 106 of Title 49, Transportation.
Transfer of Functions
Functions of Secretary and other officers of Department of Commerce
under this section that relate to the Office of Aeronautical Charting
and Cartography to provide aeronautical charts and related products and
services for safe and efficient navigation of air commerce transferred
to Administrator of Federal Aviation Administration effective Oct. 1,
2000, see section 44721(c)(3) of Title 49, Transportation.
Sale of Aeronautical Charts: Disposition of Receipts Resulting From
Price Increase
Pub. L. 103-317, title II, Aug. 26, 1994, 108 Stat. 1741, provided
in part: ``That hereafter all receipts received from the sale of
aeronautical charts that result from an increase in the price of
individual charts above the level in effect for such charts on September
30, 1993, shall be deposited in this account [National Oceanic and
Atmospheric Administration and operations, research, and facilities] as
an offsetting collection and shall be available for obligation.''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 103-121, title II, Oct. 27, 1993, 107 Stat. 1170.
Price Freeze on Charts and Other Products of NOAA
Pub. L. 102-567, title IV, Sec. 405, Oct. 29, 1992, 106 Stat. 4292,
provided that: ``Notwithstanding section 1307 of title 44, United States
Code, the price of nautical charts or other nautical products produced
or published by the National Oceanic and Atmospheric Administration and
sold after the date of the enactment of this Act [Oct. 29, 1992] shall
not exceed the price of that type of chart or product on the date of
enactment of this Act adjusted for inflation. This section shall not
apply after September 30, 1994.''
Section Referred to in Other Sections
This section is referred to in title 15 section 1534; title 33
section 892b.
