15 U.S.C. § 278d — Construction and improvement of build-

Page 663 TITLE 15—COMMERCE AND TRADE § 278d (d) Credits The fund may be credited with advances and reimbursements, including receipts from non- Federal sources, for services performed under the authority of section 273 of this title. (e) ‘‘Cost’’ defined As used in this chapter, the term ‘‘cost’’ shall be construed to include directly related expenses and appropriate charges for indirect and admin- istrative expenses. (f) Distribution of earnings; restoration of prior impairment The amount of any earned net income result- ing from the operation of the fund at the close of each fiscal year shall be paid into the general fund of the Treasury: Provided, That such earned net income may be applied to restore any prior impairment of the fund, and to ensure the avail- ability of working capital necessary to replace equipment and inventories. (Mar. 3, 1901, ch. 872, § 12, as added Aug. 3, 1956, ch. 906, § 2, 70 Stat. 959; amended Pub. L. 95–322, § 2(a), July 21, 1978, 92 Stat. 395; Pub. L. 99–73, § 5(a), July 29, 1985, 99 Stat. 172; Pub. L. 100–418, title V, § 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433.) Editorial Notes REFERENCES IN TEXT Act of June 29, 1950 (64 Stat. 275), referred to in sub- sec. (a), was the Deficiency Appropriation Act, 1950. Provisions thereof relating to Working Capital Fund are not classified to the Code. PRIOR PROVISIONS A prior section 12 of act Mar. 3, 1901, ch. 872, as added by act July 22, 1950, ch. 486, § 2, 64 Stat. 373, related to equipment purchased by Department of Commerce to carry out investigations, prior to repeal by act Aug. 3, 1956. AMENDMENTS 1988—Subsec. (a). Pub. L. 100–418 substituted ‘‘Insti- tute’’ for ‘‘National Bureau of Standards’’. 1985—Subsec. (f). Pub. L. 99–73 struck out ‘‘first’’ after ‘‘may be applied’’, and inserted provisions relating to working capital for replacement of equipment and in- ventories. 1978—Subsec. (a). Pub. L. 95–322 struck out ‘‘, and ad- ditional amounts as from time to time may be required for the purposes of said fund are authorized to be appro- priated’’ after ‘‘(64 Stat. 275)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–73 effective Oct. 1, 1984, see section 5(c) of Pub. L. 99–73, set out as an Effective Date note under section 275c of this title. § 278c. Acquisition of land for field sites To the extent that funds are specifically ap- propriated therefor, the Secretary of Commerce is authorized to acquire land for such field sites as are necessary for the proper and efficient con- duct of the activities authorized herein. (Mar. 3, 1901, ch. 872, § 13, as added Pub. L. 85–890, § 1, Sept. 2, 1958, 72 Stat. 1711.) Editorial Notes REFERENCES IN TEXT ‘‘Herein’’, referred to in text, refers to act Mar. 3, 1901, ch. 872, which is classified generally to this chap- ter. PRIOR PROVISIONS A prior section 13 of act Mar. 3, 1901, ch. 872, as added July 22, 1950, ch. 486, § 2, 64 Stat. 373, related to accept- ance of gifts and bequests, prior to repeal by act Aug. 3, 1956. See sections 1522 and 1523 of this title. § 278d. Construction and improvement of build- ings and facilities (a) In general Within the limits of funds which are appro- priated for the Institute, the Secretary of Com- merce is authorized to undertake such construc- tion of buildings and other facilities and to make such improvements to existing buildings, grounds, and other facilities occupied or used by the Institute as are necessary for the proper and efficient conduct of the activities authorized herein. (b) Retention of fees The Director is authorized to retain all build- ing use and depreciation surcharge fees collected pursuant to OMB Circular A–25. Such fees shall be collected and credited to the Construction of Research Facilities Appropriation Account for use in maintenance and repair of the Institute’s existing facilities. (Mar. 3, 1901, ch. 872, § 14, as added Pub. L. 85–890, § 1, Sept. 2, 1958, 72 Stat. 1711; amended Pub. L. 92–317, § 3(d), June 22, 1972, 86 Stat. 235; Pub. L. 96–461, § 8, Oct. 15, 1980, 94 Stat. 2051; Pub. L. 100–418, title V, § 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102–245, title I, § 104(f), Feb. 14, 1992, 106 Stat. 11; Pub. L. 110–69, title III, § 3014, Aug. 9, 2007, 121 Stat. 599.) Editorial Notes REFERENCES IN TEXT ‘‘Herein’’, referred to in subsec. (a), refers to act Mar. 3, 1901, ch. 872, which is classified generally to this chapter. AMENDMENTS 2007—Pub. L. 110–69 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1992—Pub. L. 102–245 substituted ‘‘herein.’’ for ‘‘here- in: Provided, That no improvement shall be made nor shall any building be constructed under this authority at a cost in excess of $250,000 unless specific provision is made therefor in the appropriation concerned.’’ 1988—Pub. L. 100–418 substituted ‘‘Institute’’ for ‘‘Na- tional Bureau of Standards’’ wherever appearing. 1980—Pub. L. 96–461 substituted ‘‘$250,000’’ for $75,000’’. 1972—Pub. L. 92–317 substituted ‘‘$75,000’’ for ‘‘$40,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–461 effective Oct. 1, 1980, see section 11 of Pub. L. 96–461, set out as an Effective Date note under section 278g of this title. FACILITIES FOR COLD NEUTRON RESEARCH Pub. L. 101–162, title I, § 104, Nov. 21, 1989, 103 Stat. 994, provided that: ‘‘Hereafter, the National Institute of Page 664 TITLE 15—COMMERCE AND TRADE § 278e Standards and Technology is authorized to accept con- tributions of funds, to remain available until expended, from any public or private source to construct a facil- ity for cold neutron research on materials, notwith- standing the limitations contained in 15 U.S.C. 278d.’’ § 278e. Functions and activities In the performance of the functions of the In- stitute the Secretary of Commerce is authorized to undertake the following activities: (a) The purchase, repair, and cleaning of uniforms for guards; (b) the care, maintenance, protection, repair, and alteration of Institute buildings and other plant facilities, equipment, and property; (c) the rental of field sites and laboratory, of- fice, and warehouse space; (d) the purchase of re- prints from technical journals or other periodi- cals and the payment of page charges for the publication of research papers and reports in such journals; (e) the furnishing of food and shelter without repayment therefor to employ- ees of the Government at Arctic and Antarctic stations; (f) for the conduct of observations on radio propagation phenomena in the Arctic or Antarctic regions, the appointment of employ- ees at base rates established by the Secretary of Commerce which shall not exceed such max- imum rates as may be specified from time to time in the appropriation concerned, and with- out regard to the civil service and classification laws and sections 5542 to 5546 of title 5; (g) the erection on leased property of specialized facili- ties and working and living quarters when the Secretary of Commerce determines that this will best serve the interests of the Government; and (h) the provision of transportation services for employees of the Institute between the fa- cilities of the Institute and nearby public trans- portation, notwithstanding section 1344 of title 31. (Mar. 3, 1901, ch. 872, § 15, as added Pub. L. 85–890, § 1, Sept. 2, 1958, 72 Stat. 1711; amended Pub. L. 92–317, § 3(e), June 22, 1972, 86 Stat. 235; Pub. L. 100–418, title V, § 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 104–113, § 8(2), Mar. 7, 1996, 110 Stat. 779.) Editorial Notes CODIFICATION ‘‘Sections 5542 to 5546 of title 5’’ substituted in text for ‘‘titles II and III of the Federal Employees Pay Act of 1945’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. AMENDMENTS 1996—Pub. L. 104–113 struck out ‘‘and’’ before ‘‘(g)’’ and inserted before period at end ‘‘; and (h) the provi- sion of transportation services for employees of the In- stitute between the facilities of the Institute and near- by public transportation, notwithstanding section 1344 of title 31’’. 1988—Pub. L. 100–418 substituted ‘‘functions of the In- stitute’’ for ‘‘functions of the National Bureau of Standards’’ and ‘‘Institute buildings’’ for ‘‘Bureau buildings’’. 1972—Pub. L. 92–317 substituted, in cl. (b), ‘‘the care, maintenance, protection, repair, and alteration of Bu- reau buildings and other plant facilities, equipment, and property’’ for ‘‘the repair and alteration of build- ings and other plant facilities’’. Statutory Notes and Related Subsidiaries NIST CAMPUS SECURITY Pub. L. 114–329, title I, § 113, Jan. 6, 2017, 130 Stat. 2993, which authorized the Department of Commerce Office of Security to directly manage the law enforcement and site security programs of the National Institute of Standards and Technology (NIST) and required the Di- rector of Security for NIST to provide an activities and security report to the Under Secretary for Standards and Technology and the Committee on Commerce, Science, and Transportation of the Senate and Com- mittee on Science, Space, and Technology of the House of Representatives, was repealed by Pub. L. 117–167, div. B, title II, § 10246(c), Aug. 9, 2022, 136 Stat. 1492. § 278f. Fire Research Center (a) Establishment; programs of research; func- tions of Secretary; dissemination of informa- tion There is hereby established within the Depart- ment of Commerce a Fire Research Center which shall have the mission of performing and supporting research on all aspects of fire with the aim of providing scientific and technical knowledge applicable to the prevention and con- trol of fires. The content and priorities of the re- search program shall be determined in consulta- tion with the Administrator of the United States Fire Administration. In implementing this section, the Secretary is authorized to con- duct, directly or through contracts or grants, a fire research program, including— (1) basic and applied fire research for the purpose of arriving at an understanding of the fundamental processes underlying all aspects of fire. Such research shall include scientific investigations of— (A) the physics and chemistry of combus- tion processes; (B) the dynamics of flame ignition, flame spread, and flame extinguishment; (C) the composition of combustion prod- ucts developed by various sources and under various environmental conditions; (D) the early stages of fires in buildings and other structures, structural subsystems and structural components in all other types of fires, including, but not limited to, forest fires, brush fires, fires underground, oil blowout fires, and waterborne fires, with the aim of improving early detection capability; (E) the behavior of fires involving all types of buildings and other structures and their contents (including mobile homes and highrise buildings, construction materials, floor and wall coverings, coatings, fur- nishings, and other combustible materials), and all other types of fires, including forest fires, brush fires, fires underground, oil blowout fires, and waterborne fires; (F) the unique fire hazards arising from the transportation and use, in industrial and professional practices, of combustible gases, fluids, and materials; (G) design concepts for providing increased fire safety consistent with habitability, comfort, and human impact in buildings and other structures; (H) such other aspects of the fire process as may be deemed useful in pursuing the ob- jectives of the fire research program; and