
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 606(a)-(c)]
[CITE: 44USC1307]

 
                 TITLE 44--PUBLIC PRINTING AND DOCUMENTS
 
              CHAPTER 13--PARTICULAR REPORTS AND DOCUMENTS
 
Sec. 1307. National Oceanic and Atmospheric Administration: 
        nautical and aeronautical products, sale and distribution
        
    (a)(1) All nautical and aeronautical 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 and aeronautical products 
are sold to the public.
    (2)(A) Subject to subparagraph (B) of this paragraph, the prices of 
nautical and aeronautical 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 or aeronautical 
products in such manner as is necessary to avoid any adverse impact on 
aviation and 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 or aeronautical 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 or 
aeronautical data.
    (b) Fees collected from the sale of nautical or aeronautical 
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 and aeronautical 
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 aeronautical and 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 and 
aeronautical products'' includes all nautical and aeronautical 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.)


                      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

    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).


  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.''


                            Cross References

    Dissemination of data and other activities, see section 883b of 
Title 33, Navigation and Navigable Waters.
    Geomagnetic data; collection, correlation, and dissemination, see 
section 883c of Title 33.
    Surveys and other activities, see section 883a of Title 33.

                  Section Referred to in Other Sections

    This section is referred to in title 15 section 1534; title 33 
section 892b.
