15 U.S.C. § 1530 — Awarding of contracts for performance of

Page 1443 TITLE 15—COMMERCE AND TRADE § 1530 § 1526. Receipts for work or services; deposit in special accounts; availability for payment of costs, repayment or advances to appropria- tions or funds, refunds, credits to working capital funds; appropriation limitation of an- nual expenditures from accounts All payments for work or services performed or to be performed under this Act shall be depos- ited in a separate account or accounts which may be used to pay directly the costs of such work or services, to repay or make advances to appropriations or funds which do or will ini- tially bear all or part of such costs, or to refund excess sums when necessary: Provided, That said receipts may be credited to a working capital fund otherwise established by law, and used under the law governing said funds, if the fund is available for use by the agency of the Depart- ment of Commerce which is responsible for per- forming the work or services for which payment is received. Acts appropriating funds to the De- partment of Commerce may include provisions limiting annual expenditure from said account or accounts. (Pub. L. 91–412, § 2, Sept. 25, 1970, 84 Stat. 864.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 91–412, which enacted sections 1525 to 1527, amended section 1153, and repealed sections 189, 189a, 192, 192a, 1153a, and 1520 of this title. § 1527. Fees or charges for services or publica- tions under existing law unaffected Except as to those laws expressly repealed herein, nothing in this Act shall alter, amend, modify, or repeal any existing law prescribing fees or charges or authorizing the prescribing of fees or charges for services performed or for any publication furnished by the Department of Commerce, or any of its several bureaus or of- fices. (Pub. L. 91–412, § 4, Sept. 25, 1970, 84 Stat. 865.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 91–412, which enacted sections 1525 to 1527, amended section 1153, and repealed sections 189, 189a, 192, 192a, 1153a, and 1520 of this title. Laws expressly repealed herein, referred to in text, means amendment of section 1153 and repeal of sections 189, 189a, 192, 192a, 1153a, and 1520 of this title, as here- tofore noted. § 1527a. Economics and Statistics Administration Revolving Fund There is hereby established the Economics and Statistics Administration Revolving Fund which shall be available without fiscal year lim- itation. For initial capitalization, there is ap- propriated $1,677,000 to the Fund: Provided, That the Secretary of Commerce is authorized to dis- seminate economic and statistical data products as authorized by sections 1525 to 1527 of this title and, notwithstanding section 4912 of this title, charge fees necessary to recover the full costs incurred in their production. Notwithstanding section 3302 of title 31, receipts received from these data dissemination activities shall be credited to this account as offsetting collec- tions, to be available for carrying out these pur- poses without further appropriation. (Pub. L. 103–317, title II, Aug. 26, 1994, 108 Stat. 1744.) Statutory Notes and Related Subsidiaries DISSEMINATION OF ECONOMIC AND STATISTICAL DATA PRODUCTS; FEES Pub. L. 105–119, title II, Nov. 26, 1997, 111 Stat. 2474, provided in part that: ‘‘The Secretary of Commerce is authorized to disseminate economic and statistical data products as authorized by sections 1, 2, and 4 of Public Law 91–412 (15 U.S.C. 1525–1527) and, notwith- standing section 5412 of the Omnibus Trade and Com- petitiveness Act of 1988 (15 U.S.C. 4912), charge fees nec- essary to recover the full costs incurred in their pro- duction. Notwithstanding 31 U.S.C. 3302, receipts re- ceived from these data dissemination activities shall be credited to this account, to be available for carrying out these purposes without further appropriation.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 104–208, div. A, title I, § 101(a) [title II], Sept. 30, 1996, 110 Stat. 3009, 3009–34. Pub. L. 104–134, title I, § 101[(a)] [title II], Apr. 26, 1996, 110 Stat. 1321, 1321–25; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 1528. Transferred Editorial Notes CODIFICATION Section, act Feb. 28, 1920, ch. 91, § 500, 41 Stat. 499; 1939 Reorg. Plan No. II, § 6, eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1434; Aug. 6, 1981, Pub. L. 97–31, § 12(9), 95 Stat. 154, relating to a policy of development of water transpor- tation, was transferred to section 142 of former Title 49, Transportation, and was repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379, and reenacted by sec- tion 4(j)(6)(A) thereof as section 303a of Title 49, Trans- portation. § 1529. Relinquishment of legislative jurisdiction over certain lands Notwithstanding any other law, the Secretary of Commerce, whenever the Secretary considers it desirable, may relinquish to a State, or to a Commonwealth, territory, or possession of the United States, all or part of the legislative juris- diction of the United States over lands or inter- ests under the Secretary’s control in that State, Commonwealth, territory, or possession. Relin- quishment of legislative jurisdiction under this section may be accomplished— (1) by filing with the Governor (or, if none exists, with the chief executive officer) of the State, Commonwealth, territory, or possession concerned a notice of relinquishment to take effect upon acceptance of the notice; or (2) as required by the laws of the State, Com- monwealth, territory, or possession. (Pub. L. 98–623, title IV, § 406, Nov. 8, 1984, 98 Stat. 3409.) § 1530. Awarding of contracts for performance of commercial activity by National Oceanic and Atmospheric Administration The Administration may not award any con- tract for the performance of any ‘‘commercial Page 1444 TITLE 15—COMMERCE AND TRADE § 1531 activity’’, as defined by paragraph 6.a. of the Of- fice of Management and Budget Circular Memo- randum A–76, which is performed by Administra- tion employees until at least 30 calendar days after the Administrator of the Administration has presented, in writing, to the President of the Senate, the Speaker of the House of Representa- tives, the Committee on Commerce, Science, and Transportation of the Senate, and the Com- mittee on Merchant Marine and Fisheries and the Committee on Science, Space, and Tech- nology of the House of Representatives, a full and complete description of such proposed con- tract, together with supporting documentation. Such documentation shall include— (1) a comparison of the cost of such activity as performed by employees of the Administra- tion and the cost of such activity as performed under the proposed contract; (2) a comparison of the services performed by employees of the Administration and the services to be performed under the proposed contract; and (3) an assessment of the benefits to the Fed- eral Government of proceeding with the pro- posed contract. (Pub. L. 99–272, title VI, § 6083, Apr. 7, 1986, 100 Stat. 135; Pub. L. 103–437, § 5(b)(3), Nov. 2, 1994, 108 Stat. 4582.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–437 in introductory provisions sub- stituted ‘‘Committee on Science, Space, and Tech- nology’’ for ‘‘Committee on Science and Technology’’ before ‘‘of the House’’. Statutory Notes and Related Subsidiaries ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of ref- erences to Committee on Merchant Marine and Fish- eries, see section 1(b)(3) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. § 1531. Buying Power Maintenance accounts for International Trade Administration, Export Administration, and United States Travel and Tourism Administration In order to maintain overseas program activ- ity for the Department of Commerce provided for each fiscal year at the appropriated program levels, the Secretary may establish Buying Power Maintenance accounts for the Inter- national Trade Administration, the Export Ad- ministration, and the United States Travel and Tourism Administration. There are authorized to be appropriated for such accounts such sums as may be necessary to offset adverse fluctua- tions in foreign currency exchange rates, or unbudgeted overseas wage and price changes. To eliminate substantial gains to the approved lev- els of overseas operations, the Secretary shall transfer to a Buying Power Maintenance ac- count such amounts determined to be excessive to the needs of the approved level of overseas op- erations because of fluctuations in foreign cur- rency exchange rates or changes in unbudgeted overseas wages and prices, including unobligated balances associated with the overseas program. To offset adverse fluctuations in foreign cur- rency exchange rates or unbudgeted overseas wage and price changes, the Secretary may transfer from a Buying Power Maintenance ac- count such amounts determined to be necessary to maintain the approved level of overseas oper- ations under an appropriation account. Funds transferred by the Secretary to or from a Buy- ing Power Maintenance account to another ac- count shall be merged with and be available for the same purpose, and for the same time period, as the funds in the account into which trans- ferred. Any restriction contained in an appro- priation Act or other provision of law limiting the amounts available for the Department of Commerce that may be obligated or expended shall be deemed to be adjusted to the extent nec- essary to offset the net effect of fluctuations in foreign currency exchange rates or unbudgeted overseas wage and price changes in order to maintain approved levels. (Pub. L. 100–202, § 101(a) [title I, § 108], Dec. 22, 1987, 101 Stat. 1329, 1329–7.) § 1532. Telecommunications; electromagnetic ra- diation; research, analysis, dissemination of information; other functions of Secretary The Secretary of Commerce is authorized to— (1) conduct research on all of the tele- communications sciences, including wave propagation and reception, the conditions which affect electromagnetic wave propaga- tion and reception, electromagnetic noise and interference, radio system characteristics, op- erating techniques affecting the use of the electromagnetic spectrum, and methods for improving the use of the electromagnetic spec- trum for telecommunications purposes; (2) prepare and issue predictions of electro- magnetic wave propagation conditions and warnings of disturbances in such conditions; (3) investigate conditions which affect the transmission of radio waves from their source to a receiver and the compilation and distribu- tion of information on such transmission of radio waves as a basis for choice of frequencies to be used in radio operations; (4) conduct research and analysis in the gen- eral field of telecommunications sciences in support of assigned functions and in support of other Government agencies; (5) investigate nonionizing electromagnetic radiation and its uses, as well as methods and procedures for measuring and assessing elec- tromagnetic environments, for the purpose of developing and coordinating policies and pro- cedures affecting Federal Government use of the electromagnetic spectrum for tele- communications purposes; (6) compile, evaluate, publish, and otherwise disseminate general scientific and technical data resulting from the performance of the functions specified in this section or from other sources when such data are important to science, engineering, or industry, or to the general public, and are not available else- where; and