15 U.S.C. § 1531

Buying Power Maintenance accounts for International Trade Administration, Export Administration, and United States Travel and Tourism Administration

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In order to maintain overseas program activity 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 International Trade Administration, the Export Administration, 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 fluctuations in foreign currency exchange rates, or unbudgeted overseas wage and price changes. To eliminate substantial gains to the approved levels of overseas operations, the Secretary shall transfer to a Buying Power Maintenance account such amounts determined to be excessive to the needs of the approved level of overseas operations because of fluctuations in foreign currency exchange rates or changes in unbudgeted overseas wages and prices, including unobligated balances associated with the overseas program. To offset adverse fluctuations in foreign currency exchange rates or unbudgeted overseas wage and price changes, the Secretary may transfer from a Buying Power Maintenance account such amounts determined to be necessary to maintain the approved level of overseas operations under an appropriation account. Funds transferred by the Secretary to or from a Buying Power Maintenance account to another account 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 transferred. Any restriction contained in an appropriation 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 necessary 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.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1998–2023 · leading case: Precision Pine & Timber, Inc. v. United States, 62 Fed. Cl. 635 (Fed. Cl. 2004).

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Precision Pine & Timber, Inc. v. United States, 62 Fed. Cl. 635 (Fed. Cl. 2004). “The Government’s Prior Suspensions of the Contracts On August 24, 1995, the United States District Court for the District of Arizona entered an order enjoining all timber harvesting on Forest Service timber sales in Region 3 (Arizona and New Mexico), until the Forest Service…”

Aransas Proj. v. Shaw, 835 F. Supp. 2d 251 (S.D. Tex. 2011). · cites it 3× “See 15 U.S.C. § 1531 (a)(3) (“[Endangered species] are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people.”

Precision Pine & Timber, Inc. v. United States, 63 Fed. Cl. 122 (Fed. Cl. 2004). “On August 24, 1995, the United States District Court for the District of Arizona entered an order enjoining all timber harvesting on Forest Service timber sales in Region 3 (Arizona and New Mexico), until the Forest Service complied with its obligations under the Endangered…”

Wetsel-Oviatt Lumber Co. v. United States, 40 Fed. Cl. 557 (Fed. Cl. 1998). “The Endangered Species Act, 15 U.S.C. § 1531 et seq., was enacted to "provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, [and] to provide a program for the conservation of such endangered species and threatened…”

Nantucket Residents Against Turbines v. United States Bureau of Ocean Energy Mgmt. (D. Mass. 2023). “, the Endangered Species Act (“ESA”), 15 U.S.C. §§ 1531 , et seq., and the Administrative Procedure Act (“APA”), 5 U.”

New Mexico Farm & Livestock Bureau v. United States Dep't of the Interior (D.N.M. 2021). “” 15 U.S.C. § 1531 (b). “The plain intent of Congress in enacting [the ESA] was to halt and reverse the trend toward species extinction, whatever the cost.”

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