U.S.C. Section 15 - TRADE AND TRADE (2023)



CHAPTER 40—COMMERCIAL DIVISION

§1501. Establishment of department? Secretary; postage stamp

At the seat of government there shall be an executive department, known as the Department of Commerce, and a Secretary of Commerce, who shall be its chief, appointed by the President with the advice and consent of the Senate, and whose mandate and mandate shall correspond to the heads of the other executive affairs; and the provisions of section 4 of the revised bylaws, including all amendments thereto, shall apply to said department. Said clerk shall affix the seal of office to such part of such device as the President approves, and the seal shall be officially acknowledged.

(February 14, 1903, ch. 552, §1, 32 Stat. 825; February 17, 1909, ch. 137, §§1, 2, 35 Stat. 626; March 4, 1909, ch. 297, § 1, 35 Stat. 861, March 4, 1913, Ch. 141, §1, 37, Stat. 736, March 3, 1917, Ch. 163, §1, 39, Stat. Ch. Stat. 1301. )

References in the text

Section 4 of the Revised Statutes referred to in the text was entitled "Provisions Applicable to All Executive Departments" and consisted of R.S. §§158 to 198. For provisions of the Code derived from this title 4, see sections 101, 301, 303, 304, 503, 2952, 3101, 3106, 3341, 3345 to 3349, 55536, 55536 § 207 of title 18, Crimes and criminal justice. sections 514, 520 of section 28, Courts and proceedings. § 3321 in section 31, Money and finance.

Codification

The section was previously classified under section 591 of title 5 prior to the general revision and adoption of title 5, Public Agency and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Transfer of functions

The Department of Labor, under the direction of the Commissioner of Labor, was created by act of June 13, 1888, chapter 380, 25 Stat. 182, and section 9 of said act, created the Labor Bureau by act of June 27, 1884, chapter 127, 23 Stat. 60 the department's organization ceased. The Department of Commerce and Labor, as an executive department, headed by the Secretary of Commerce and Labor, was established by Act of February 14, 1903, Chapter 552, 32 Stat. 825, and pursuant to Section 4 of the aforementioned Act, the Ministry of Labor was removed from the jurisdiction and became a part of the Ministry of Trade and Labor with various other bureaus, offices and branches of the public service which were also transferred to and under the jurisdiction of the department thus established. In subsequent grants and other legal acts, the Ministry of Labor was designated as the Ministry of Labor in this department. But by act of March 4, 1913, chapter 141, 37 Stat. In 736, a new executive department was created to be called the "Ministry of Labor", with the Minister of Labor to be its head, and the Ministry of Trade and Labor, which was then to be called the Ministry of Commerce, and the Secretary called the Minister of Commerce.

The duties of all other officers of the Department of Commerce and the duties of all departments and employees of that Department, with few exceptions, are transferred to the Secretary of Commerce, with power vested in him to authorize their performance or the performance of any function by such officers, agents, and employees in Reorg. Plan no. 5 of 1950, §§ 1, 2, eff. 24 May 1950, 15 F.R. 3174, 64 Stat. 1263, listed below.

Deputy Minister of Trade

For provisions directing the President, with the advice and consent of the Senate, to appoint a Deputy Secretary of Commerce, the Deputy Secretary to be paid at the rate paid for Level II of the Executive Program, and with the Deputy Secretary to perform such duties and exercise such powers as the Secretary from time to time may prescribe, see section 2(b)(1) 1979 Reorg. Plan no. 3, listed in the appendix to chapter 5, State organization and employees.

Establishment of Office of Deputy Secretary by Section 2(b)(1) of Reorg of 1979. Plan. none. 3 in force from 7 December 1979, see Ex. Order. 12175, listed as a note to § 2171 in section 19, Customs.

succession

For the order of succession during any period in which the Secretary and the Deputy Secretary are unable to perform the duties and functions of the Secretary, see the Executive Order. none. 13242, Dec. 18, 2001, 66 F.R. 66260, set forth in section 3345 of title 5, State Agency and Employees.

REORGANIZATION PLAN NO. 5 FROM 1950

Eph. 24 May 1950, 15 F.R. 3174, 64 Stat. 1263, as amended July 2, 1954, ch. 456, title III, §304, 68 Stat. 430

Prepared by the President and transmitted to the Senate and House of Representatives in Congress assembled on March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [see 5 U.S.C. 901 et seq.].

COMMERCE DEPARTMENT

Section 1. Delegation of Authority to the Secretary

(a) Except as otherwise provided in subsection (b) of this section, all functions of all other officials of the Department of Commerce and all functions of all agencies and employees of such department are hereby transferred to the Secretary of Commerce.

(b) This section does not apply to functions delegated by the Administration Act (60 Stat. 237) [see §. 5 U.S.C. 551 ff. and 701 et seq.] for the hearing of examiners employed by the Department of Commerce, nor for the duties of the Civil Aeronautics Board, the Inland Waterways Corporation, or the Inland Waterways Corporation Advisory Board.

Sec. 2. Taking care of secretarial tasks

The Secretary of Commerce may from time to time take such action as he deems appropriate and authorize any other officer or agency or employee of the Department of Commerce to carry out any mission of a Secretary, including any mission delegated to the Secretary by the Secretary. the provisions of this reconstruction plan.

Sec. 3. Administrative assistant to the secretary

[Removed. July 2, 1954, ch. 456, title III, §304, 68 Stat. 430. The department authorized the administrative assistant to the Minister of Trade.]

Sec. 4. Random Prints

The Secretary of Commerce may from time to time make such transfers within the Department of Commerce of all records, property, personnel, and nonconsumable balances (available or to be disposed of) of grants, grants, and other resources of this Department as he may have. deems it necessary to implement the provisions of this rescheduling.

The President's message

To the US Congress:

I hereby transmit Reconstruction Plan No. 5 of 1950, prepared in accordance with the Reconstruction Act of 1949 and containing provisions for the reorganization of the Ministry of Commerce. The reasons for transferring this plan are set out in the accompanying general notice.

Upon investigation, I find and declare that any reorganization contained in Reorganization Plan No. 5 of 1950 is necessary to achieve one or more of the objects listed in section 2(a) of the Reorganization Act of 1949.

I have determined and declare that it is necessary in the associated restructuring plan, due to the resulting reorganizations, to include provisions for the employment and remuneration of the administrative assistant to the Minister of Commerce. The compensation rate set for this official is what I have found to prevail over comparable officials in the executive branch of government.

The effectiveness of the reorganizations included in this plan may not result in significant immediate savings. But many of the benefits of improved operations are likely to come in the coming years, leading to cost reductions over what would otherwise be necessary. Granting these reductions prior to actual experience under this plan is not practicable.

Harry S. Truman.

White House13. marts 1950.

Federal Shipping Board and Secretary of Commerce functions for shipping

Section 307 of draft law no. 21 of 1950, eff. 24 May 1950, 15 F.R. 3178, 64 Stat. 1273, as set forth in the Appendix to Chapter 5. State Agency and Employees, with the fact that the functions transferred by the provisions of this plan are not subject to the provisions of the Ordinance. Plan No. 5 of 1950, cited above. Reorg said. Plan No. 21 from 1950 created within the Ministry of Trade, the Federal Shipping Agency and the Shipping Agency, the latter being led by the Shipping Administrator. Abolished the United States Maritime Commission and transferred some of its functions and some of the functions of its chairman to said Federal Maritime Board. He handed over the remaining duties of this Board and its Chairman to the Minister of Trade with the authority to authorize their execution by the said Master.

Executive Order No. 13339

Earlier. Order. No. 13339, May 13, 2004, 69 F.R. 28037, as amended by Ex. Order. none. 13403, §3, May 12, 2006, 71 F.R. 28543, which established in the Department of Commerce the President's Advisory Commission on Asian Americans and Pacific Islanders, was replaced by Ex. Order. Does not. 13515, §4(a), Oct. 14, 2009, 74 F.R. 53638, listed below.

Earlier. Order. Does not. 13515. Increasing Asian American and Pacific Islander participation in federal programs

Earlier. Order. No. 13515, October 14, 2009, 74 F.R. 53635, as amended by Ex. Order. Does not. 13585, §4, October 7, 2011, 76 F.R. 62282; Earlier. Order. Does not. 13652, §8, September 30, 2013, 78 F.R. 61819, provided:

By virtue of the powers vested in me as President under the Constitution and laws of the United States, it is hereby decreed:

Unit1.Politics. More than 16 million Asian Americans and Pacific Islanders (AAPIs) across our country have helped build a strong and vibrant America. AAPI communities represent many ethnic groups and languages ​​that span generations, and their shared achievements are an important part of the American experience. They started businesses and created jobs, including founding some of the most successful and innovative companies in our country. AAPI communities have made significant contributions to science and technology, culture and the arts, and the professions, including business, law, medicine, education, and politics.

While we recognize the many contributions of AAPI communities to our nation, we also recognize the challenges that many AAPIs still face. Of the more than one million businesses that belong to AAPI, many businesses are small independent businesses that still need help accessing available resources such as business development counseling and small business loans. The AAPI community also continues to face barriers to employment and advancement in the workplace. Specific challenges facing AAPI subgroups include lower college enrollment rates for Pacific Islanders relative to other ethnic groups and high poverty rates among Hmong Americans, Cambodian Americans, Malaysian Americans, and other individual AAPI communities. Additionally, one in five non-elderly AAPIs lack health insurance.

The purpose of this order is to establish the President's Asian American and Pacific Islander Advisory Commission and the White House Asian American and Pacific Islander Initiative. Each will work to improve the quality of life and opportunities for Asian Americans and Pacific Islanders through increased access to and participation in federal programs where they may be underserved. In addition, each will work to promote relevant evidence-based research, data collection and analysis for AAPI populations and subpopulations.

Sek. 2.President's Advisory Commission on Asian Americans and Pacific Islanders. The President's Advisory Committee on Asian Americans and Pacific Islanders (the Board) was established under the Department of Education.

(in)The Commission's mission and activities. The Board advises the President, through the initiative's co-chairs, on: (i) developing, monitoring, and coordinating executive branch efforts to improve the quality of life for AAPIs through increased participation in federal programs where such individuals may be underserved; (ii) collection of research and data related to AAPI populations and subpopulations; (iii) developing, monitoring, and coordinating Federal efforts to improve the economic and social development of AAPI businesses. and (iv) strategies to increase public-private collaboration and community involvement in improving the health, education, environment, and well-being of AAPIs.

(and)Member of the Commission. The commission consists of a maximum of 20 members appointed by the chairman. The Board includes members who: (i) have a history of involvement in the AAPI community; (ii) comes from the fields of education, commerce, business, health, human services, housing, environment, arts, agriculture, labor and employment, transportation, justice, veterans affairs; and economic and community development; (iii) comes from civic associations representing one or more diverse AAPI communities, or (iv) has other experience deemed appropriate by the President. The chairman appoints a member of the Commission as chairman, who convenes the ordinary meetings of the Commission, sets the agenda and manages the business.

(do)Administration of the Commission. The co-chairs of the initiative appoint the executive director of the committee. The Ministry of Education provides funding and administrative support to the Commission to the extent permitted by law and within existing appropriations. Members of the Commission shall serve without compensation, but shall be entitled to travel expenses, including per diem allowances, as authorized by the Interim Civil Service Act (5 U.S.C. 5701-5707). To the extent that the Federal Advisory Commission Act, as amended (5 U.S.C. App.) (the "Act") may relate to the administration of the Commission, all functions of the Chairman under the Act, other than reporting to Congress, shall be performed by the Secretary of Education , following instructions from the head of the general service.

(Hello)Expiration date. The Commission shall cease to function 2 years from the date of this resolution, unless renewed by the President.

Sek. 3.White House Initiative on Asian Americans and Pacific Islanders. Established the White House Initiative on Asian Americans and Pacific Islanders (the Initiative), a federal interagency task force whose members will be selected by their respective agencies. The Secretary of Education and a senior official designated by the President from among the initiative's members shall serve as co-chairs of the initiative. The managing director of the committee set up in § 2 of this executive order also acts as the initiative's managing director and reports to the co-chairmen on the initiative's affairs.

(in)The initiative's mission and operations. The initiative will work to improve the quality of life for AAPIs through increased participation in federal programs where AAPIs may be underserved. The initiative will advise the Co-Chairs on the implementation and coordination of federal programs related to AAPIs among executive departments and agencies.

(and)Member of the initiative. In addition to the chairmen, the Initiative will consist of senior officials from the following administrative departments, agencies and offices:

(i) the Department of State;

(ii) the Ministry of Finance;

(iii) Ministry of Defence.

(iv) Ministry of Justice.

(v) Ministry of the Interior.

(vi) Department of Agriculture.

(vii) Ministry of Commerce.

(viii) Ministry of Labour.

(ix) Department of Housing and Urban Development.

(x) Ministry of Transport.

(xi) Department of Energy.

(xii) Ministry of Education.

(xiii) the Ministry of Health and Social Services;

(xiv) Department of Veterans Affairs;

(xv) the Department of Homeland Security;

(xvi) the Office of Management and Budget;

(xvii) Environmental Protection Agency;

(xviii) Small Business Administration.

(xix) General Services Administration;

(xx) National Aeronautics and Space Administration;

(xxi) Office of Personnel Management;

(xxii) Social Security Administration;

(xxiii) the White House Office of Cabinet Affairs;

(xxiv) the White House Office of Intergovernmental Affairs and Public Engagement;

(xxv) National Economic Council;

(xxvi) the Internal Policy Council;

(xxvii) Office of Political Science and Technology i

(xxviii) such other departments, agencies, and offices of the executive branch as the President may designate from time to time.

At the direction of the Co-Chairs, the Initiative may establish sub-groups consisting solely of Initiative members or those approved by them under this section, as appropriate. The Initiative is encouraged to invite other affected agencies, such as the Consumer Financial Protection Bureau, the Corporation for National and Community Service, the Equal Employment Opportunity Commission, and the Federal Communications Commission to attend meetings and participate in the Initiative as appropriate.

(do)Initiative management. The Ministry of Education provides funds and administrative support to the Initiative to the extent permitted by law and within existing approved funds. The chairmen convene regular meetings of the Initiative, set the agenda and lead its work.

(Hello)Federal service plans and the interagency plan. Each executive department and agency designated by the initiative shall develop a plan (service plan) for and document its efforts to improve the quality of life for Asian Americans and Pacific Islanders through increased participation in federal programs where Asian Americans and Pacific Islanders may be underserved. Where applicable, this service plan includes, among other things, the organization's efforts to:

(i) identify federal programs where AAPIs may be underserved and improve the quality of life for AAPIs through increased participation in those programs;

(ii) identify ways to promote the employment, career development, and advancement of AAPIs in the federal government;

(iii) identify high-priority actions where measurable progress can be made within 2 years to improve the health, environment, opportunities, and well-being of AAPIs and implement those actions;

(iv) increased public, private, and community engagement in improving the health, environment, opportunities, and well-being of AAPIs;

(v) to encourage evidence-based research, data collection, and analysis of AAPI populations and subpopulations, including research and data on public health, environment, education, housing, employment, and other economic indicators of AAPI community well-being; and

(vi) solicit public input from AAPI communities on ways to increase and improve opportunities for public participation in Federal programs, taking into account a variety of factors, including language barriers;

Each organization must specify appropriate measurable goals in its plan and, after the first year, provide an evaluation of that organization's success against the goals in the plan for the previous year. Each service plan must be submitted to the Co-Chairs by a date determined by the Co-Chairs. The co-chairs will review agency plans and develop an interagency federal plan to improve the quality of life for AAPIs through increased participation in federal programs where these individuals may be under-involved. Actions outlined in the federal interagency plan will address improving AAPI access to federal programs and promote advances in related research and data.

Sek. 4.General supplies.

(a) This executive order supersedes Executive Order 13125 of June 7, 1999 and Executive Order 13339 of May 13, 2004.

b) The heads of administrative agencies and agencies assist and provide information to the Commission in accordance with applicable law that may be necessary for the performance of the Commission's duties. Each executive body and each agency shall bear its own costs of participation in the Commission.

(c) Nothing in this Series shall be construed to impair or otherwise affect:

(i) authority vested by law in an executive department, agency, or its head; or

(ii) tasks for the Director of the Office of Management and Budget in relation to fiscal, administrative or legislative proposals.

(d) This order is executed in accordance with applicable law and subject to availability of credit.

(e) For purposes of this order, the term "Asian American and Pacific Islander" includes persons within the jurisdiction of the United States of descent from any indigenous people of East Asia, Southeast Asia, or South Asia, or any native, native, or indigenous people of Hawaii and other Pacific islands;

(f) This order is not intended to, and does not create, any rights or benefits, substantive or procedural, enforceable at law or in equity for any party against the United States, its agencies, departments, or entities, their officers, employees, or agents or any other person.

Barack Obama.

Expanding the mandate of the Commission on Asian Americans and Pacific Islanders

Committee on Asian Americans and Pacific Islanders extended term to September 30, 2013 by Ex. Order. No. 13585, September 30, 2011, 76 F.R. 62281, formerly as a note under section 14 of the Federal Advisory Councils Act of the Appendix to Title 5, Government Agency and Employees.

Committee on Asian Americans and Pacific Islanders extended term to September 30, 2015 by Ex. Order. No. 13652, September 30, 2013, 78 F.R. 61817, formerly as a note under section 14 of the Federal Advisory Committee Act in the appendix to section 5.

Commission on Asian Americans and Pacific Islanders term extended to September 30, 2017 by Ex. Order. No. 13708, Sept. 30, 2015, 80 F.R. 60271, designated as a notice under title 14 of the Federal Advisory Committee Act of the Appendix to Title 5.

§§1502, 1503. Omitted

Codification

Section 1502, Act of 5 June 1939, ch. 180, §1, 53 Stat. 808, established the position of Deputy Minister of Trade. Section repealed by section 2(b)(2) of Reorg. Plan No. 3 of 1979, 44 F.R. 69273, 93 Stat. 1381, as defined in the appendix to section 5, State agency and employees.

Section 1503, Act of 5 June 1939, ch. 180, §2, 53 Stat. 808, which stipulates that the deputy trade minister's handling of secretarial duties in the event of death, absence, etc.

Deputy Minister for International Trade

The additional office of the Deputy Minister for International Trade in the Ministry of Trade is set out in Article 2, letter c) of the Regulation. Plan No. 3 of 1979, 44 F.R. 69273, 93 Stat. 1381, as defined in the Appendix to Title 5, State agencies and employees designated by the President, with the advice and consent of the Senate, to receive compensation at the rate paid for III. level of the Executive Program, and to perform such duties and exercise such powers as the Secretary of Commerce may from time to time prescribe.

Deputy Minister of Transport

The additional office of the "Deputy Minister for Transport and Trade" in the Ministry of Commerce was provided for in Article 301 of Reg. draft no. 21 of 1950, eff. 24 May 1950, 15 F.R. 3178, 64 Stat. 1273, set forth in the appendix to title 5, Government agency and employees to be appointed by the President, with the advice and consent of the Senate, to receive compensation at the rate prescribed by law for undersecretaries of executive agencies and to perform duties , assigned to him by the Minister of Trade.

§1503a. Under the Business Minister for Economic Affairs

In the Department of Commerce, there will be an Undersecretary of Commerce for Economic Affairs who will be appointed by the President of the Senate with the advice and consent of the Senate. The Deputy Secretary performs duties entrusted to him by the Secretary of Commerce.

(Pub. L. 97–195, §1(a), June 16, 1982, 96 Stat. 115.)

§1503b. Under Secretary of Commerce for Oceans and Atmosphere. chores; appointment; compensation

In the Department of Commerce, there will be an Under Secretary of Commerce for Oceanic and Atmospheric Affairs who will serve as Administrator of the National Oceanic and Atmospheric Administration established by Reorganization Plan No. 4 of 1970 [5 U.S.C. App.] and performs tasks prescribed by the Minister of Commerce. The Deputy Secretary is appointed by the President of the Senate with the advice and consent of the Senate and will be paid according to the current or future established level of III. executive compensation plan level (5 U.S.C. 5314).

(Pub. L. 99–659, titel IV, §407(a), 14. november 1986, 100 Stat. 3739.)

References in the text

Reorganization plan no. 4 of 1970 referred to in the text is set forth in section 1511 of this title.

Service as Acting Administrator and Deputy Administrator of the National Oceanic and Atmospheric Administration

Pub. L. 99–659, title IV, §407(c), Nov. 14, 1986, 100 Stat. 3739, provided that: “The person in office on the date of the enactment of this Act [November 14, 1986]—

``(A) as Administrator of the National Oceanic and Atmospheric Administration shall also serve as Under Secretary of Commerce for the Oceanic and Atmospheric Administration until a successor is appointed in accordance with subsection (a) of this section [enactment of this section]; and

``(B) as Acting Administrator of the National Oceanic and Atmospheric Administration shall also serve as Assistant Secretary of Commerce for the Oceanic and Atmospheric Administration until a successor is appointed in accordance with subsection (b) of this section [enacts § 1507(c) ) with same title]."

§1504. Removed. Pub. L. 97–195, §1(c)(1), June 16, 1982, 96 Stat. 115

Sec., Act Feb. 14, 1903, ch. 552, §2, 32 Stat. 826; March 4, 1913, ch. 141, §1, 37 Stat. 736; March 3, 1917, ch. 163, §1, 39 Stat. 1111, provided for the appointment by the President of an Assistant Secretary of Commerce to perform such duties as the Secretary may designate or require by law.

§1505. Additional Assistant Secretary. position, title of assistant secretary

There shall be an additional Assistant Secretary of Commerce in the Department of Commerce appointed by the President with the advice and consent of the Senate. The Secretary of Commerce may delegate such duties to his Assistant Secretaries, including the administration of the Office of Foreign and Domestic Trade, as he may prescribe or require by law. Assistant Secretaries of Commerce will be without numerical distinction in rank.

(July 15, 1947, ch. 251, 61 Stat. 326.)

Codification

The provisions of the latter proposal determining the compensation of the Assistant Secretary of Commerce are omitted since the positions fall under the Executive Program under section 5315 of title 5, Government Agency and Employees.

The section was previously classified under section 592a of title 5 prior to the general revision and adoption of section 5 of Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Previous provisions

Previous provisions on the additional assistant secretary of commerce were contained in the law of 20 May 1926, ch. 344, §8 (1st clause), 44 Stat. 573, as amended June 23, 1938, ch. 601, §1107, letter k, 52 Stat. 1029. This position was repealed by section 592a-1 of former title 5, Executive Departments and Officials and Employees. Section 8 of the law of 20 May 1926 was subsequently repealed by Pub. L. 85–726, title XIV, §1401(a), Aug. 23, 1958, 72 Stat. 806 and Pub. L. 97–195, §1(c)(2), June 16, 1982, 96 Stat. 115.

Transfer of functions

Under the authority delegated to the Secretary of Commerce under Reorg. Plan no. 5 of 1950, §§ 1, 2, eff. 24 May 1950, 15 F.R. 3174, 64 Stat. 1263, designated as a note under section 1501 of this title, the Secretary delegated the duties of the Office of Foreign and Domestic Commerce to other officials of the Department.

succession

For the order of succession during any period in which the Secretary and the Deputy Secretary are unable to perform the duties and functions of the Secretary, see the Executive Order. none. 13242, Dec. 18, 2001, 66 F.R. 66260, set forth in section 3345 of title 5, State Agency and Employees.

§1506. Additional Assistant Secretary. appointment; application of Article 1505

On and after July 2, 1954, there shall be in the Department of Commerce, in addition to the Assistant Secretaries now provided by law, an additional Assistant Secretary of Commerce to be appointed by the President of, with the advice and consent of the Senate, and WHO shall be subject in all respects to the provisions of section 1505 in this title relating to Assistant Secretary of Commerce.

(July 2, 1954, ch. 456, title III, §304, 68 Stat. 430.)

Codification

This section constitutes the first sentence of section 304 of the Act of July 2, 1954. The second sentence of said section 304 repealed section 3 of the Reorg. Schedule 5 of 1950, 15 F.R. 3174, 64 Stat. 1263, set forth as a note to section 1501 of this title, which established the position of Administrative Assistant to the Secretary of Commerce.

The section was previously classified as section 592a-3 of title 5 prior to the general revision and adoption of title 5, State Agency and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Section 1507. Additional Assistant Secretary. appointment; compensation; chores

In the Department of Commerce, in addition to the Assistant Secretaries now provided by law, there shall be an additional Assistant Secretary of Commerce, to be appointed by the President of the Senate, with the advice and consent of the Senate, who shall receive compensation at such rate as may be prescribed by law for Assistant Secretaries of Commerce and perform such duties as the Secretary of Commerce may assign.

(Pub. L. 87–405, February 16, 1962, 76 Stat. 9.)

Codification

The section was previously classified as section 592a-4 of title 5 prior to the general revision and adoption of title 5, State Agency and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

§1507a. Removed. Pub. L. 97–31, §12, subsection 5, Aug. 6, 1981, 95 Stat. 154

The institute, ed. L. 91–469, §42(a), Oct. 21, 1970, 84 Stat. 1038, relating to appointment, compensation, and duties of Assistant Secretary of the Navy.

§1507b. assistant minister of commerce. appointment; compensation; chores

In the Ministry of Commerce, in addition to the assistant secretaries provided for in the law of 12 November 1977, be an additional Assistant Secretary of Commerce to be appointed by the President with the advice and consent of the Senate. This Assistant Secretary shall perform such duties as may be assigned by the Secretary of Commerce.

(Pub. L. 95-173, §9(a), Nov. 12, 1977, 91 Stat. 1360; Pub. L. 97-195, §1(c)(4), June 16, 1982, 96 Stat. 115.)

Changes

i 1982- Tavern. L. 97–195 substituted ``The said assistant secretary shall perform such duties'' for ``the said assistant secretary shall receive compensation at the rate prescribed by law for the assistant secretary of commerce and shall perform such duties''.

§1507c. Assistant Secretary of Commerce for Oceans and Atmosphere. chores; appointment; compensation

In the Department of Commerce, in addition to the Assistant Secretary of Commerce established by law prior to November 14, 1986, there shall be an additional Assistant Secretary of Commerce, who shall be titled Assistant Secretary of Commerce for Oceans and Atmospheric Affairs and shall serve as acting Administrator for National Ocean and Atmospheric Administration established by Reorganization Plan No. 4 of 1970 [5 U.S.C. App.] and perform duties and functions as prescribed by the Under Secretary of Commerce for Oceans and Atmosphere. The Assistant Secretary for Oceans and Atmospheric Affairs is appointed by the President of the Senate, with the advice and consent of the Senate, and shall be compensated at the current or later rate established for Level IV of the Executive Pay Schedule (5 U.S.C. 5315). .

(Pub. L. 99–659, title IV, §407(b), Nov. 14, 1986, 100 Stat. 3739.)

References in the text

Reorganization plan no. 4 of 1970 referred to in the text is set forth in section 1511 of this title.

Service as Acting Administrator and Deputy Administrator of the National Oceanic and Atmospheric Administration

Persons who served as Acting Administrator of the National Oceanic and Atmospheric Administration on November 14, 1986, and who will also serve as Assistant Secretary of Commerce for the Oceanic and Atmospheric Administration until a successor is appointed, see section 407(c)(B) Pub. L. 99–659, set forth as note to section 1503b of this title.

Section 1508. Attorney General

There will be a chief adviser in the Department of Commerce who will be appointed by the President with the advice and consent of the Senate.

(March 18, 1904, ch. 716, §1, 33 Stat. 135; July 17, 1952, ch. 932, §2, 66 Stat. 758; August 20, 1954, ch. 776, 6738 Stat. . .)

Codification

The provisions of the article setting the compensation for the legal counsel were omitted because the position is on the director service plan under section 5315 of title 5, State Agency and Employees.

The section was previously classified under section 592b of title 5 prior to the general revision and adoption of section 5 of Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Changes

i 1954— By law of 20 August 1954, the compensation rate was fixed.

i 1952— The law of 17 July 1952 re-designated the Solicitor General as the Solicitor General and provided that "all laws and orders relating to or referring to the Solicitor General shall be deemed to relate to or refer to the Solicitor General."

Transfer of functions

For the transfer of the functions of other officials, employees, and agencies of the Department of Commerce, with certain exceptions, to the Secretary of Commerce with delegation powers, see Reorg. Plan no. 5 of 1950, §§ 1, 2, eff. 24 May 1950, 15 F.R. 3174, 64 Stat. 1263, set forth as a note to section 1501 of this title.

succession

For the order of succession during any period in which the Secretary and the Deputy Secretary are unable to perform the duties and functions of the Secretary, see the Executive Order. none. 13242, Dec. 18, 2001, 66 F.R. 66260, set forth in section 3345 of title 5, State Agency and Employees.

Section 1509. Appoint an officer to sign routine documents

The Secretary may appoint an official of the Department to sign secondary official documents and documents during the temporary absence of the Secretary, Deputy Secretary and Assistant Secretary.

(May 21, 1945, ch. 129, title III, §301, 59 Stat. 188; July 15, 1947, ch. 251, 61 Stat. 326.)

Codification

Assistant secretaries were changed to assistant secretaries by act of July 15, 1947, which provided for an additional assistant secretary. See section 1505 of this title.

The section was previously classified under section 593a of title 5 prior to the general revision and adoption of title 5, State agency and employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Transfer of functions

For the transfer of the functions of other officials, employees, and agencies of the Department of Commerce, with certain exceptions, to the Secretary of Commerce with delegation powers, see Reorg. Plan no. 5 of 1950, §§ 1, 2, eff. 24 May 1950, 15 F.R. 3174, 64 Stat. 1263, set forth as a note to section 1501 of this title.

§1510. Office assistants

There shall also be office assistants approved by Congress from time to time.

(February 14, 1903, ch. 552, §2, 32 Stat. 826; July 16, 1952, ch. 878, §2, 66 Stat. 710.)

Codification

The section was previously classified under section 594 of title 5 prior to the general revision and adoption of title 5, Public Agency and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Changes

i 1952— Act of July 16, 1952, provides for clerical assistants instead of disbursing officers.

Disbursement officer

Dept., Act February 14, 1903, ch. 552, §2, 32 Stat. 826, provided with a paying official in the Ministry of Commerce.

Transfer of Paying Agents

The Disbursement Department and some other offices and agencies and their functions were consolidated into the Treasury Department of the Treasury by the Reorg. plan No. III of 1940, §1(a)(1), eff. 30 June 1940. 5 F.R. 2107, 54 Stat. 1231, as defined in the appendix to section 5, State agency and employees. See section 306 of section 31, Money and finance.

§1511. Offices in the department

The following designated offices, administrations, agencies, institutes, and public service programs and all those associated with them are subject to the jurisdiction and control of the Secretary of Commerce:

(1) National Oceanic and Atmospheric Administration.

(2) United States Travel and Tourism Administration.

(3) National Institute of Standards and Technology.

(4) United States Patent and Trademark Office¹

(5) Census Bureau. and

(6) such other offices or other organizational units as the Secretary of Commerce may establish from time to time in accordance with legislation.

(February 14, 1903, ch. 552, §§4, 12, 32 Stat. 826, 830; June 17, 1910, ch. 301, §4, 36 Stat. 537; August 23, 1935, ch. ) , § 1, 37 Stat. Chapter Plan No. II, §§2(a), 4(e), 6, eff. July 1, 1936, 4 F.R. 2731, 53 Stat. eff June 30, 1940 5 F.R. 2422, 54 Statistics. 1235, 1236, 1946 Reorg. plan no. 4, 1949, ch. 393, §20, 63 Stat. 561; 1949 Reorg. effect 19 August 1949 14 F.R. 5228, 63 Stat. 1070; 1950 Reorg. plan No. §16, 1950 201, 15 F.R. 3178, 64 Stat. 1273; Section 23, October. 29, 1974, 88 Stat. 1549; Pub. L. 93–596, §3, Jan. 2, 1975, 88 Stat. Oct. 19, 1978, 92 Stat. 932; Pub. L. 97–31, §12, subsection 6, Aug. 6, 1981, 95 Stat. 154? Pub. L. 97–63, §4(a)(1), repealed Oct. 1999. 16, 1981, 95 Stat. 1014; Pub. L. 100–418, title V, §5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 106–113, misc. B, §1000(a)(9) [title IV, §4732(b)(6)], n. 29, 1999, 113 Stat. 1536, 1501A-583; Pub. L. 106–503, title I, §110(b), n. 13, 2000, 114 Stat. 2302.)

Codification

The section was previously classified under section 597 of title 5 prior to the general revision and adoption of title 5, Public Agency and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Changes

in year 2000— Fr. (5) to (7). Pub. L. 106–503 inserted "and" after "List"; in subsection (5), redesignated subsection (7) as (6) and struck out former subsection (6) to read as follows: ``Fire Service of the United States and''.

i 1999- Tavern. L. 106–113 redesignated paragraphs (a) through (g) as (1) through (7), respectively, adjusted margins, and in paragraph (4) substituted "United States Patent and Trademark Office" for "Patent" and the Trademark Office?".

i 1988— Sub-chapter (do). Pub. L. 100–418 substituted ``National Institute of Standards and Technology'' for ``National Bureau of Standards''.

i 1981— Fr. (c) to (g). Pub. L. 97–31 struck out (c) ``Marine Administration'' and redesignated subsections (d) through (h) as (c) through (g), respectively.

i 1978- Par. (G). Konoba. L. 95–422 zamijenio je "United States Fire Administration" s "National Fire Prevention and Control Administration".

i 1974- Tavern. L. 93–498 generally amended section by substituting reference to Secretary of Commerce for Department of Commerce, substituting letters for numbers in designations of enumerated entities, and in that list substituting reference to National Oceanic and Atmospheric Administration, United States Travel Service, Maritime Administration, National Bureau of Standards, the Bureau of Patents, the Bureau of the Census, the National Fire Prevention and Control Administration, and such other offices or other organizational units as the Secretary of Commerce may from time to time establish by law, for purposes of reporting to the Department of Foreign Affairs and the Interior Commerce, Office of Public Roads, Civil Aviation Administration, Census Bureau, Coast and Geodetic Survey, Federal Shipping Board, Inland Waterway Corporation, Maritime Administration, National Bureau of Standards, Patent Office and Meteorological Bureau.

Name change

"United States Travel and Tourism Administration" substituted "United States Travel Service" in paragraph (b), pursuant to section 4(a)(1) of Pub. L. 97–63, which established the United States Travel and Tourism Administration in place of the United States Travel Service, effective October 1, 1981. See section 2124 of title 22, Foreign Relations and Relations.

"Patent and Trademark Agency" replaced "Patent Authority" in section (d) [now section (4)] pursuant to section 3 of Publ. L. 93–596, set forth as note to section 1 of title 35, Patents.

To implement the provisions of Reconstruction Plan No. 4 of 1970, eff October 3, 1970, 35 F.R. 15627, 84 Stat. 2090, as amended, as set forth below, the following organizational designations appearing in subchapter IX of subtitle B of title 15, Code of Federal Regulations, covering the administration of the National Oceanic and Atmospheric Administration, were amended by order of the Acting Administrator , 35 F.R. 19249, December. 19, 1970, as follows: Environmental Science Services Administration to National Oceanic and Atmospheric Administration (ESSA to NOAA); Coastal and Geodetic Survey for the National Ocean Service. and Meteorological Bureau at the National Meteorological Service.

The change came into effect in 1999

Amended by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] Pub. L. 106–113, set forth as note to section 1 of title 35, Patents.

Recalls

Act 17 June 1910, ch. 301, §4, 36 Stat. 537, enacted as appropriation in this section, repealed by act Aug. 4, 1949, ch. 393, §20, 63 Stat. 561.

Act of June 30, 1932, ch. 314, item II, title V, §501, 47 Stat. 415, cited as credit to this section, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 648 and Ed. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, 1074.

Act of 27 May 1936, ch. 463, §1, 49 Stat. 1380, cited as credit to this section, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 649.

Transfer of functions. Organizational history

For transfer of functions, personnel, assets, and liabilities of the Department of Commerce, including duties of the Secretary of Commerce in connection therewith, to the Secretary of Homeland Security and for resolution of petitions in connection therewith, see former section 313(2) and section 121(g) )(3 ), 551(d), 552(d), and 557 of title 6, Homeland Security, and the Department of Homeland Security Reorganization Plan dated November 25, 2002, as amended, is set forth as a note pursuant to section 542 of title 6 .

Duties of the Secretary of Commerce, the Department of Commerce, and officials and elements of the Department of Commerce in connection with or the use of Office of Energy programs within the Department of Commerce, but limited to industrial energy conservation programs, transferred and assigned to the Secretary of Energy as part of the creation of the ​​Department of Energy by Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565. See section 7157 of section 42, Public Health and Welfare.

For the transfer of the functions of other officials, employees, and agencies of the Department of Commerce, with certain exceptions, to the Secretary of Commerce with delegation powers, see Reorg. Plan no. 5 of 1950, §§ 1, 2, eff. 24 May 1950, 15 F.R. 3174, 64 Stat. 1263, set forth as a note to section 1501 of this title.

The Public Highway Administration, which was renamed the Bureau of Public Highways and with its authority transferred from the Federal Works Service to the General Services Administration pursuant to section 103(a) of the Act of 30 June 1949 (see background notes and notes on revision and note from 2006, amending section 303 of section 40, Public Buildings, Properties and Works), was subsequently transferred to the Ministry of Commerce and then to the Ministry of Transport by Reorg. Plan no. 7 of 1949 with later changes, which appear in the table under section 5, State organization and employees.

The Federal Shipping Board established Reorg as an agency within the Department of Commerce. plan No. 21 of 1950, §§ 101, 106, set forth in the appendix to section 5, and sections 103 to 105 of the plan transferred to the board and its chairman certain functions of the former United States Maritime Commission and its chairman. Article 307 of the plan provided that the functions transferred to the Federal Maritime Board and its Chairman were not subject to the provisions of the Reorg. Plan no. 5 of 1950 also eff. 24 May 1950, 15 F.R. 3174, 64 Stat. 1263, as provided in the note to section 1501 of this title, which, with certain additional exceptions, transferred the functions of all officers, agencies, and employees of the Department of Commerce to the Secretary of Commerce and authorized him to transfer all functions so transferred, or any other of his function, to any of these officers, services and employees. Article 304 of Regulation No. 7 of 1961, eff. 12 August 1961, 26 F.R. 7315, 75 Stat. 840, as stated in the appendix to section 5, abolished the Federal Shipping Board, including the duties of the board members. The board's duties were either transferred to the Federal Shipping Commission, which was created as an independent agency, or to the Secretary of Commerce under sections 103 and 202 of Reorg. Plan No. 7 from 1961.

In the Ministry of Trade Reorg. Plan No. 21 of 1950, §201, set forth in the appendix to section 5, and section 204 of the plan transferred certain functions from the former United States Maritime Commission and its chairman to the Secretary of Commerce with authority to authorize the Administrator to perform them. Section 307 of the Plan provided that the functions transferred to the Secretary by this Plan are not subject to the provisions of Reorg. Plan no. 5 of 1950 also eff. 24 May 1950, 15 F.R. 3174, 64 Stat. 1263, as set forth in the note to section 1501 of this title, which, with certain additional exceptions, transferred the functions of all other officers, agencies, and employees of the Department of Commerce to the Secretary of Commerce and authorized him to transfer all functions so transferred or other his functions, to any of these managers, departments and employees.

Article 304 of Regulation No. 7 of 1961, eff. 12 August 1961, 26 F.R. 7315, 75 Stat. 840, as stated in the appendix to section 5, abolished the Federal Shipping Board, including the duties of the board members. The board's duties were either transferred to the Federal Shipping Commission, which was created as an independent agency, or to the Secretary of Commerce under sections 103 and 202 of Reorg. Plan number 7 from 1961.

The Maritime Administration of the Ministry of Commerce was transferred to the Ministry of Transport, and all related functions of the Secretary and other officers and offices of the Ministry of Commerce were transferred to the Ministry of Transport and transferred to the Minister of Transport by the Ministry of Shipping. Act of 1981, Publ. L. 97–31, Aug. 6, 1981, 95 Stat. 151, which was partially repealed by Ed. Law 109–304, §19, October 6, 2006, 120 Stat. 1710. See section 109 of title 49, Transportation.

Reorg moved the Office for Community Relations from the Ministry of Trade to the Ministry of Justice. Plan no. 1 from 1966, eff. April 22, 1966, 31 F.R. 6187, 80 Stat. 1607, listed in the appendix to section 5.

Before the law of 4. March 1913, the Ministry of Commerce was known as the Ministry of Commerce and Work. The following agencies placed under the jurisdiction of the Department of Commerce and Labor by the Act of February 13, 1903, establishing the Department, were abolished or transferred as follows:

Office of the United States Marine Commissioner abolished by Reorg. Plan No. 3 of 1946, §§ 101 to 104, eff. 16 July 1946, which transferred the duties to the Commander-in-Chief of the Coast Guard and the Commissioner of Customs. See appendix to section 5, State agency and employees.

The Office for Shipping and Inspection of Steamships was merged by law of 30 June 1932 into the Office for Shipping and Inspection of Steamships, whose name was changed to the Office for Shipping Inspection and Shipping by law of 27 May 1936. The office abolished and functions transferred to coast guard and customs commissioner by you. Order No. 3 of 1946. See appendix to section 5.

Article 4, letter e, of the regulation transferred the Fisheries Office to the jurisdiction of the Ministry of the Interior. Plan No. II of 1939. Reorg. Plan No. II of 1939 is listed in the appendix to chapter 5.

The Bureau of Immigration was changed to the Bureau of Immigration and Naturalization by act of June 29, 1906, ch. 3592, §1, 34 Stat. 596. Commissioner-General of Immigration, Commissioners of Immigration and Office of Immigration and Naturalization, transferred to the Department of Labor by Act of March 4, 1913. Subsequently, ex. Order. none. 6166, §14 of 10 June 1933 and Reorg. plan no. V from 1940, eff. 14 June 1940 5 F.R. 2223, 54 Stat. In 1238, the Bureau of Immigration and the Bureau of Naturalization were consolidated into the Immigration and Naturalization Service and transferred to the Ministry of Justice.

The lighthouse board and the lighthouse establishment were, by law of 17 June 1910, ch. 301, §4, 36 Stat. 537. Reorg transferred the Lighthouse Office to the Coast Guard in the Ministry of Finance. plan No. II of 1939, §2(a). Reorg. Plan No. II of 1939 is set forth in the Appendix to Section 5. Said Section 4 of the Act of June 17, 1910, was repealed by Section 20 of the Act of August 4, 1949, Section 1 of which restored the Coast Guard by the enactment of Section 14, Coast Guard. The Coast Guard was transferred to the Department of Transportation, and all functions, powers, and duties of the Secretary of the Treasury and other officers and offices of the Treasury connected with the Coast Guard were transferred by Pub to the Secretary of Transportation. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Regulation L. 89–670 provides, however, that the Coast Guard, notwithstanding the transfer of duties, functions as part of the Navy in time of war or when the President commands, as provided. in Section 3 of Section 14, Coast Guard. See section 108 of section 49, Transport.

The Bureau of Mines was transferred from the Ministry of the Interior to the Ministry of Commerce by Ex. Order. number 4239, eff. 1 July 1925 and transferred again to the Ministry of the Interior by the former Order. None. 6611, February 24, 1934. For provisions relating to closing and transfer of operations of the United States Bureau of Mines, see note set forth in section 1 of title 30, Mineral Lands and Mining.

In this way, the following agencies gained status:

The Institute for Foreign and Domestic Trade was established by the merger of the Building Institute and the Statistical Institute by law of 23 August 1912.

The Civil Aeronautics Administration [Civil Aeronautics Board] was transferred to the Department of Commerce under Section 7 of the Reorg. plan No. IV of 1940, listed in Appendix to section 5. For transfer of duties by Civil Aeronautics Board, see section 1551 et seq. and section 1655(d) of former title 49, Transportation.

The Inland Waterways Corporation was transferred to the Department of Commerce under Section 6 of the Reorg. Plan No. II of 1939. Reorg. Plan no. II of 1939 is listed in the appendix to section 5 in ed. L. 88–67, §2, July 19, 1963, 77 Stat. 81 generally provided for the conduct of the affairs of the Inland Waterways Corporation.

The Patents Agency transferred from the Ministry of the Interior by Ex. Order. of 17 March 1925, as approved by section 12 of the law of 14 February 1903. See section 1517 of this title.

The Directorate for Environmental Science in the Ministry of Trade, including the offices of administrator and deputy administrator, abolished by Reorg. Plan no. 4 of 1970, eff. October 3, 1970, 35 F.R. 15627, 84 Stat. 2090, as set forth in the appendix to title 5, which created the National Oceanic and Atmospheric Administration in the Department of Commerce and transferred personnel, property, records, and unused funds of the Environmental Science Services Administration to this newly created National Oceanic and Atmospheric Administration. Components of the Environmental Science Administration thus transferred included the Bureau of Meteorology, the Bureau of Coastal and Geodetic Surveys, the Environmental Data Service, the National Environmental Satellite Center, and ESSA's research laboratories.

The Meteorological Institute was transferred from the Ministry of Agriculture from section 8 of the Reorg. Design no. IV of 1940. Reorg. Plan IV of 1940 is listed in Supplemental Title 5. Reorg consolidated the Office of Coastal and Geodetic Survey and Weather Forecasting to form a new agency within the Department of Commerce known as the Environmental Science Services Administration. Plan no. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 4443, listed in the appendix to section 5.

The functions, powers, and duties of the Office of Audit and Investigations and Inspections and the portion of the Office called the Office of Investigations and Security, which was responsible for investigating alleged criminal violations and program abuses in the Department of Commerce, were transferred to the Office of the Inspector General of the Department of Commerce, as determined of Pub. L. 95–452, §2, Oct. 12, 1978, 92 Stat. 1101, as defined in the appendix to section 5, State agency and employees. See section 9(a)(1)(B) of Pub. L. 95–452, set forth in appendix to section 5.

REORGANIZATION PLAN NO. 4 FROM 1970

Eph. October 3, 1970, 35 F.R. 15627, 84 Stat. 2090, as amended by Ord. L. 94–461, §4(c)(1), Oct. 8, 1976, 90 Stat. 1969? Pub. L. 95–219, §3(a)(1), dec. 28, 1977, 91 Stat. 1613; Pub. L. 98–498, title III, §320(c)(3), Oct. 19, 1984, 98 Stat. 2309; Pub. L. 99–659, title IV, §407(d), Nov. 14, 1986, 100 Stat. 3739; Pub. L. 112–166, §2(b)(1), Aug. 10, 2012, 126 Stat. 1283

Prepared by the President and transmitted to the Senate and House of Representatives in Congress assembled on the 9th day of July, 1970, pursuant to the provisions of chapter 9 of title 5 of the United States Code.

NATIONAL OCEAN AND ATMOSPHERIC ADMINISTRATION

§ 1. Transfers to the Minister for Business

The following is sent to the Minister of Trade:

(a) All duties assigned by law to the Bureau of Commercial Fisheries of the Department of the Interior or its head, together with all duties assigned by law to the Secretary of the Interior or the Department of the Interior, administered through or principally in connection with that office, except operations in connection with (1) Great Lakes Fisheries Research and activities related to the Great Lakes Fisheries Commission, (2) Missouri River Reservoir Research, (3) Gulf Breeze Biological Laboratory in said office in Gulf Breeze, Florida, and (4) Trans-Alaska Pipeline Surveys.

(b) Duties assigned to the Secretary of the Interior by Act of September 22, 1959 (Public Law 86–359, 73 Stat. 642, 16 U.S.C. 760c [probably meaning 760e]–760g; relating to migratory marine game fish).

(c) Duties assigned by law to the Secretary of the Interior or the Department of the Interior or any officer or agency of that department and administered by the Marine Minerals Technology Center of the Bureau of Mines.

(d) All functions assigned to the National Science Foundation by the National College and National Sea Grant Act of 1966 (80 Stat. 988), as amended (33 U.S.C. 1121 et seq.);

(e) Duties assigned to the Secretary of Defense or any officer, employee, or organizational unit of the Department of Defense under the provisions of Public Law 91–144, 83 Stat. 326, entitled ``Operation and Maintenance, General'' in relation to ``surveys and mapping of the northern and northwestern lakes and connecting waters'' or under other legislation, pursuant to the mission assigned to the United States on July 1, 1969. Engineer District State Army, Lake Survey, Corps of Engineers, Department of the Army and connected with (1) the conduct of hydrographic surveys of the Great Lakes and their tributaries, Lake Champlain, the New York Barge Canal, and the Minnesota -Ontario Boundary Lakes, and the preparation and publication of charts, including recreational aspects, and the Great Lakes Pilot for the benefit and use of the public, (2) designing, planning and conducting basic research and development in water movements, water characteristics, water volume and ice and snow, and (3) publishing research project data and results in formats useful to the Corps of Engineers and the public, and operating a regional data center to collect, coordinate, analyze, and provide stakeholder data on Great Lakes water resources.

(f) So much of the duties of the officers and agencies referred to in the preceding provisions or affected by the preceding provisions of this section as are incidental or necessary to the performance by or under the Secretary of Commerce of the duties which transferred by these provisions or primarily associated with these functions. Transfers to the Secretary of Commerce made pursuant to this section shall be deemed a transfer of the authority provided by law to issue regulations primarily relating to the functions transferred.

Sec. 2. Establishment of administration

(a) There is hereby created in the Department of Commerce an agency to be known as the National Oceanic and Atmospheric Administration, hereinafter referred to as the "Administration".

(b) The Administration shall be administered by the Administrator of the National Oceanic and Atmospheric Administration, hereinafter referred to as the "Administrator". The Administrator shall be appointed by the President with the advice and consent of the Senate and shall be remunerated in accordance with the current or hereafter established Level III of the Director's salary schedule (5 U.S.C. 5314).

(c) There shall be in the Administration a Deputy Director of the National Oceanic and Atmospheric Administration, who shall be appointed by the President with the advice and consent of the Senate, and who shall be compensated at the rate now or hereafter set forth in Tier IV of the Executive Pay Schedule (5 U.S.C. 5315). The Acting Manager shall perform such duties as the Manager may assign or delegate from time to time and shall act as Manager during the Manager's absence or incapacity or in the event of a vacancy in the office of Manager.

(d) There shall be in the Administration a Chief Scientist of the National Oceanic and Atmospheric Administration, who shall be appointed by the President and paid at the present or future rate established for level V of the Executive Pay Schedule (5 U.S.C. 5316) . The Chief Scientist will serve as the Chief Scientific Advisor to the Administrator and will perform such other duties as the Administrator may determine. The scientific manager is a person who, through scientific training and experience, knows the principles of oceanic, atmospheric or other scientific disciplines important to the work of the Administration. [As amended by Ord. L. 94-461, §4(c)(1), Oct. 8, 1976, 90 Stat. 1969? Pub. L. 99–659, title IV, §407(d), Nov. 14, 1986, 100 Stat. 3739; Pub. L. 112-166, §2(b)(1), Aug. 10, 2012, 126 Stat. 1283]

(e) (1) There is a Chief Attorney and five Assistant Administrators in the Administration, one of whom is the Assistant Administrator for Coastal Management and one Assistant Administrator for Fisheries. The General Counsel and each Assistant Administrator shall be appointed by the Secretary, subject to the approval of the President, and shall be compensated at the current or future projected Level V rate of pay for the Executive Program (5 U.S.C. 5316).

PCS. 2. The chief lawyer is the chief lawyer for all legal issues that may arise in connection with the performance of the Administration's tasks.

(3) The Assistant Administrator for Coastal Management is a person who, by reason of his knowledge and experience, is specially qualified to direct the implementation and administration of the Coastal Management Act of 1972 (16 U.S.C. 1451 et seq. e. ).

PCS. 4. The assistant fisheries manager handles all tasks relating to the living goods of the sea that arise in connection with the administration's tasks. [As amended by executive order L. 95-219, §3(a)(1), dec. 28, 1977, 91 Stat. 1613]

(f) The President may, with the advice and consent of the Senate, appoint to the Board two officers who shall at all times serve as designated heads of the two principal organizational units of the Board, or the President may appoint one officer to head those organizations and the other as head of the competent body Administration. Any such appointment shall create a vacancy on the active list, and the officer shall, while serving under this subsection, have the rank, pay, and allowances of rear admiral (upper half).

(g) Any authorized officer of the Board who has served under (d) or (f) and retires during the service or retires on the termination of such service while serving in a lower rank or grade shall retire with rank, pay and allowances according to the law of the highest rank and the rank he holds; but every such officer shall, on the termination of his appointment to a rank higher than captain, revert to the rank and number which he would have held if he had not served in the higher rank of captain, and such officer must be an additional number in that rank.

Sec. 3. Performance of transferred functions

The provisions in paragraphs 2 and 4 of reconstruction plan No. 5 of 1950 (64 Stat. 1263) apply to the duties which are hereby transferred to the Secretary of Commerce.

Sec. 4. Random Prints

(a) Much of the personnel, property, records, and unused balances of authorized funds, grants, and other funds that have been, used, maintained, disposed of, or will be disposed of in connection with the tasks hereby transferred to the Secretary of Commerce's reorganization plan, as determined by the Director of the Office of Management and Budget, shall be transferred to the Department of Commerce at the time or dates determined by the Director.

(b) Such additional measures and regulations as the Director of the Office of Management and Budget deems necessary to carry out the transfers specified in subsection (a) of this article shall be carried out in the manner prescribed by him and the services that must be defined.

(c) The personnel, property, records, and unused funds of grants, grants, and other funds of the Environmental Science Services Administration shall become the personnel, property, records, and unused funds of the National Oceanic and Atmospheric Administration or such other entity. or units; agencies of the Department of Commerce as designated by the Secretary of Commerce.

(d) The authorized officer corps of the Environmental Science Administration becomes the authorized officer corps of the National Oceanic and Atmospheric Administration. Members of the Corps, including those hereinafter designated, shall be entitled to all rights, privileges and privileges heretofore available under any law to designated officials of the Environmental Science Services Administration, including those rights, privileges and privileges heretofore granted by law to officers from former Institute. for Coastal Navigation and Geodetic Survey.

(e) Any personnel, property, records, and unused grants, grants, and other funds of the Office of Commercial Fisheries that are not otherwise transferred shall become the personnel, property, records, and unused funds of such organizational unit or unit of the Department of the Interior as the minister had to prescribe.

Sec. 5. Substitutes

(a) The President may authorize any person who immediately before the effective date of this reorganization plan held a position in the executive branch of the government to serve as administrator until the position of administrator is first filled in accordance with the provisions of this plan. reorganization or with the appointment of a break, depending on the case.

(b) The President may also authorize any such person to act as Deputy Administrator and authorize any such person to act as Deputy Administrator.

(c) The President may similarly authorize a member of the previously authorized officer corps of the Environmental Science Services Administration to serve as head of a major component agency of the Administration.

(d) The President may authorize any person serving in an active capacity under the preceding provisions of this article to receive compensation incidental to the office for which he serves. Such relief, if granted, shall be in lieu of, but not in addition to, any other relief in the United States to which such person may be entitled.

Sec. 6. Cancellations

(a) Subject to the provisions of this Plan of Reorganization, the following shall be terminated, except for any position:

(1) The Directorate of Environmental Science in the Department of Commerce (created by reorganization plan No. 2 of 1965, 79 Stat. 1318), including the offices of the administrator of the Directorate of Environmental Science and the deputy director of the Environmental Science Service Administration.

(2) Office of Commercial Fisheries i Department of Interior (16 U.S.C. 742b), herunder kontoret for direktøren for Office of Commercial Fisheries.

(b) Such regulations as may be necessary with respect to the termination of pending cases shall be issued by the Secretary of Commerce in the case of the Environmental Science Service and by the Secretary of the Interior in the case of the Bureau of Fisheries.

The President's message¹

To the US Congress:

I am transmitting herewith Reconstruction Plan No. 4 of 1970, prepared pursuant to Chapter 9 of Title 5, United States Code. The plan would transfer various functions related to the oceans and atmosphere, including commercial fisheries functions, to the Secretary of Commerce and would establish a National Oceanic and Atmospheric Administration within the Department of Commerce. My reasons for airing this plan are detailed in a more comprehensive companion announcement.

After investigation, I find and declare that any reorganization covered by Reconstruction Plan No. 4 of 1970 is necessary to accomplish one or more of the purposes set forth in section 901(a) of title 5, United States Code. Specifically, the plan responds to section 901(a)(1), "to promote the better execution of laws, the more efficient administration of the executive branch and its services and functions, and the expeditious administration of public affairs." and section 901(a)(3), "to increase the efficiency of the functions of government to the fullest extent possible."

The reorganizations contemplated by the Plan require the appointment and compensation of new officers, as set forth in Section 2 of the Plan. The compensation rates established for these officers are comparable to those established for other executive branch officers with similar responsibilities.

The restructuring plan must result in more efficient work in the government. However, it is impractical to analyze or aggregate the exact cost reductions that will result from this action.

Richard Nixon.

White House09.07.1970.

Executive order 11567

Earlier. Order. No. 11567, No. 16, 1970, 35 F.R. 17701, which provided compensation for the Director and Deputy Director of the Bureau of Internal Commerce, was superseded by Ex. Order. No. 11759, January 15, 1974, 39 F.R. 2077, previously mentioned below.

Executive order 11759

Earlier. Order. No. 11759, January 15, 1974, 39 F.R. 2077, which related to remuneration of certain employees of the Administration for Domestic and International Business, was replaced by Ex. Order. none. 12096, No. 2, 1978, 43 F.R. 51597, previously mentioned below.

Executive Order 12096

Earlier. Order. none. 12096, No. 2, 1978, 43 F.R. 51597, relating to compensation of certain employees of the Department of Industry and Commerce, was repealed Ex. Order. No. 12188, Jan. 2, 1980, 45 F.R. 989, listed as a note to section 2171 of title 19, customs.

¹So original. It should probably be followed by a question mark.

¹For further announcement by the Speaker, see Reconstruction Bill No. 3 of 1970, Section 5, Appendix, Officers and Employees.

§1511a. Removed. Pub. L. 95–219, §3(a)(2), dec. 28, 1977, 91 Stat. 1613

Bureau, ed L. 94–370, §15(a), July 26, 1976, 90 Stat. 1032, approved the appointment and set the compensation amount for the assistant manager for the management of the coastal area.

§1511b. United States Fisheries Officers

(a) Appointment

For purposes of export promotion and other fisheries development responsibilities, the Secretary of Commerce (hereinafter referred to as the ``Secretary'' in this section) shall designate at least six officials to serve abroad to promote United States fisheries interests. . These officers must be familiar with the US fishing industry, preferably with experience in the fishing, processing or marketing sectors of the industry or in fisheries program management. These officers, who become employees of the Ministry of Trade, are given the title of fisheries officer.

(b) Assignment

At the request of the Secretary, the Secretary of State shall officially appoint fisheries trade officers to such United States diplomatic missions as the Secretary may designate (three of which shall be those in Brussels, Belgium, Rome, Italy, and Tokyo, Japan) and obtain diplomatic privileges and immunities equivalent to those of foreign service personnel benefits from comparable rank and pay.

(c) Responsibilities of Fisheries Officers

The duties of fisheries officers appointed under subsection (a) are to:

(1) increase the effectiveness of United States fisheries export promotion efforts through activities such as coordinating market development efforts and providing services and benefits to United States exporters of fishery products;

(2) develop, maintain, and make accessible to interested parties inventories of (A) trade, government, and other organizations involved in or interested in international trade in U.S. fishery products, and (B) U.S. fishery products;

(3) prepare quarterly reports on (A) supply, demand, and prices for each United States fishery product exported, or for which there is export potential, to that foreign country or territory, and (B) that nation's commercial barriers or incentives or regions; affecting the importation of such products;

(4) prepare weekly price statements for each fishery product for which there may be United States export potential to the relevant foreign country or territory; and

(5) perform such other duties as the Secretary may require.

(d) Administration

The Secretary of State and the Secretary shall enter into cooperative agreements for the provision of office space, equipment, facilities, office services, and any other administrative support that fish trade officials and their families may require.

(Pub. L. 96–561, title II, §211, Dec. 22, 1980., 94 Stat. 3290.)

§1511c. Office of Estuary Programmer

(a) Establishment

The Administrator of the National Oceanic and Atmospheric Administration (hereinafter referred to in this section as the ``Administrator'') shall establish within the Administration an Office of Estuarine Programs.

(b) Features

Estuary Programs Office:

(1) develop and implement a national estuarine strategy for the Authority that integrates the Authority's research, regulatory, and management responsibilities;

(2) coordinate activities of various agencies within the Authority in the estuarine area, including estuarine research and assessment, fisheries research, coastal zone management, and habitat conservation activities;

(3) coordinate the activities of the Administration in the estuarine area with the activities of other Federal and State agencies; and

(4) provide technical assistance to the Administrator, other Federal agencies, and State and local government agencies in—

(A) Estuary status vurdering;

(B) identification of estuaries of critical national or regional importance.

(C) identify technical and management alternatives for estuarine restoration and protection; and

(D) monitoring the implementation and effectiveness of estuarine management plans.

(c) Authorization

There are authorized to be appropriated for the administration not to exceed $500,000 for fiscal year 1987, $530,000 for fiscal year 1988, $560,000 for fiscal year 1989, and $600,000 for fiscal year 1990 to carry out this provision.

(Pub. L. 99–659, title IV, §406, Nov. 14, 1986, 100 Stat. 3738.)

§1511d. Chesapeake Bay Office

(a) Establishment

(1) The Secretary of Commerce shall establish within the National Oceanic and Atmospheric Administration an office to be known as the Chesapeake Bay Office (in this section referred to as the ``Office'').

(2) The office shall be headed by a director appointed by the Secretary of Commerce in consultation with the Chesapeake Executive Board. Each person appointed as Director will have knowledge and experience in research or resource management efforts in the Chesapeake Bay.

3. The director may employ additional staff at the office as he deems necessary for the implementation of this section.

(b) Features

The office shall, in consultation with the Chesapeake Executive Committee—

(1) provide technical assistance to the Administrator, other Federal agencies and agencies, and State and local government agencies in—

(A) evaluate the processes that shape the Chesapeake Bay system and affect its living resources;

(B) to identify alternative technical and management alternatives for the recovery and protection of living resources and the habitats on which they depend; and

(C) monitoring the implementation and effectiveness of management plans.

(2) develop and implement a strategy for the National Oceanic and Atmospheric Administration that integrates the scientific, research, oversight, data collection, regulatory, and management responsibilities of the Secretary of Commerce in a manner that helps the cooperative, intergovernmental Chesapeake Bay Program meet its obligations under to the Chesapeake Bay Agreement.

(3) coordinate the programs and activities of various agencies within the National Oceanic and Atmospheric Administration, the Chesapeake Bay Regional Marine Accountability Support Programs, and the Chesapeake Bay National Estuarine Research Unit, including—

(A) programs and activities in—

(i) research, monitoring and assessment of coastal and estuaries

ii) fisheries research and stock assessment;

(iii) datastyring;

(iv) Remote reading.

v) coastal management.

vi) habitat conservation and restoration; and

(vii) atmospheric deposition; and

(B) programs and activities of the Oxford Collaborative Laboratory of the National Ocean Service in connection with—

(i) non-native species;

(ii) pathology of estuarine and marine species;

(iii) human pathogens in estuarine and marine environments; and

(iv) ecosystem health;

(4) coordinate the activities of the National Oceanic and Atmospheric Administration with the activities of the Environmental Protection Agency and other federal, state, and local agencies;

(5) establish an effective mechanism to ensure that projects have undergone appropriate peer review and provide other appropriate means to determine that projects have acceptable scientific and technical merit in order to achieve maximum utilization of available funds; and resources to benefit the Chesapeake Bay region?

(6) be informed of ongoing research, monitoring, and management projects and help disseminate the results and outcomes of those projects; and

(7) submit a biennial report to Congress and the Secretary of Commerce on the Office's activities and progress in protecting and restoring the living resources and habitats of the Chesapeake Bay, which shall include an action plan that shall include:

(A) a list of recommended research, monitoring, and data collection activities necessary to continue implementation of the strategy described in subsection (2); and

(B) proposals for-

(i) continuation of all new National Oceanic and Atmospheric Administration activities in the Chesapeake Bay; and

(ii) integration of these activities with the activities of the Chesapeake Bay Program partners to meet the obligations of the Chesapeake 2000 Agreement and subsequent agreements.

(c) Chesapeake Bay Fisheries and Habitat Restoration Grant Program

(1) General

The Director of the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration ("the Director"), in cooperation with the Chesapeake Executive Council, will implement a small grant for fisheries and community habitat restoration and technical assistance in the Chesapeake Bay watershed.

(2) project

(A) Support

The Director shall make grants under this subsection to pay the Federal share of the costs of projects carried out by entities eligible under subsection (3) to restore Chesapeake Bay fisheries and habitat.

(B) Federal share

The Federal share under subsection (A) may not exceed 75 percent.

(C) Types of Work

Projects eligible for grants under this subsection include:

i) improvement of fishing lanes;

(ii) creation of natural or artificial reefs or habitat substrates;

(iii) restoration of wetlands or seagrass beds;

(iv) production of oysters for restoration projects i

v) prevention, identification and control of non-native species.

(3) Acceptable carriers

The following entities are eligible to receive grants under this subsection:

(A) The government of the political subdivision of the Chesapeake Bay Basin State and the government of the District of Columbia.

(B) An organization in the Chesapeake Bay watershed (such as an educational institution or community organization)-

(i) described in section 501(c) of title 26 and exempt from taxation under section 501(a) of this title; and

(ii) who shall administer such grants in coordination with the Government referred to in sub-section (A).

(4) Additional requirements

The director may prescribe any additional requirements, including procedures, that he deems necessary to carry out the program in accordance with this subsection.

(d) Chesapeake Executive Committee

In this section, "Chesapeake Executive Council" means representatives of the Commonwealth of Virginia, the State of Maryland, the Commonwealth of Pennsylvania, the Environmental Protection Agency, the District of Columbia, and the Chesapeake Bay Commission, who are signatories to the Chesapeake Bay Compact and any future signatories to this Compact.

e) Approval of loans

There are authorized to be appropriated to the Department of Commerce for the Chesapeake Bay Office $6,000,000 for each of fiscal years 2002 through 2006.

(Rep. L. 102–567, Schedule III, §307, 29. opført 1992., 106 Stat. 4284; Pub. L. 107–372, Schedule IV, §401(a), 19. Prosinca Στατ. 3096. )

Changes

i 2002- Tavern. L. 107–372 substituted "Chesapeake Bay Office" for "Chesapeake Bay Estuarine Resources Office" in catch line section and amended text generally, replacing provisions establishing office, describing functions, establishing small watershed restoration grant program, and authorizing appropriations for office provisions, that describes the functions and requires identification of funding requests in the President's annual budget.

A multi-species management strategy

Pub. L. 107–372, title IV, §401(c), dec. 19, 2002, 116 Stat. 3099, provided that:

"(1)in general.— No later than 180 days from the date of the adoption of this Act [Dec. 19, 2002], the Director of the National Oceanic and Atmospheric Administration's Chesapeake Bay Office will initiate a five-year study in cooperation with the Chesapeake Bay scientific community, relevant state and intergovernmental resource management entities, and relevant federal agencies—

``(A) define and expand understanding of the role and response of living resources in the Chesapeake Bay ecosystem, and

``(B) develop a multispecies management strategy for the Chesapeake Bay;

"(2)Required study materials.—To improve the understanding necessary to develop a strategy under paragraph (1)(B), the study shall—

``(A) determine the current status and trends of fish and shellfish inhabiting the Chesapeake Bay and its tributaries and selected for study;

``(B) assesses and evaluates interactions between the fish and shellfish listed in subsection (A) and other living resources, with particular attention to the impact of changes within and between trophic levels; and

``(C) recommend management actions to optimize the return of a healthy and balanced ecosystem to the Chesapeake Bay.''

§1511e. Removed. Pub. L. 111–314, §6, dec. 18, 2010, 124 Stat. 3444

The institute, edited by L. 105–309, §8, October. 30, 1998, 112 Stat. 2937; Pub. L. 107–305, §14, Nov. 27, 2002, 116 Stat. 2380; Pub. L. 108–447, misc. B, title II, Dec. 8, 2004, 118 Stat. 2878, which refers to the Office for Commercialization of Space. See section 50702 of title 51, National and Commercial Space Programs.

§1512. The department's responsibilities and tasks

It is the province and duty of said department to encourage, promote and develop the foreign and domestic commerce, mining, manufacturing and fishing industries of the United States. and for this purpose shall have jurisdiction and control over the departments, offices and branches of the public service hereinafter specified, and with such other powers and duties as may be prescribed by law.

(February 14, 1903, ch. 552, §3, 32 Stat. 826; Publ. L. 97–31, §12(7), August 6, 1981, 95 Stat. 154.)

Codification

The section was previously classified under section 596 of title 5 prior to the general revision and adoption of section 5 of Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Changes

i 1981- Tavern. L. 97–31 deleted references to shipping and means of transportation.

Emergency functions

Regarding the delegation of certain emergency functions to the Minister of Trade, refer to §§ 1, 2 and 4 in subsection No. 12656, No. 18, 1988, 53 F.R. 47491, designated as a note to § 5195 in section 42, Public Health and Welfare.

Executive order 12864

Earlier. Order. none. 12864, September 15, 1993, 58 F.R. 48773, as amended by Ex. Order. No. 12890, Dec. 30, 1993, 59 F.R. 499? Earlier. Order. No. 12921, June 13, 1994, 59 F.R. 30667; Earlier. Order. none. 12970, Sept. 14, 1995, 60 F.R. 48359, which established the United States National Information Infrastructure Advisory Council, was revoked by Ex. Order. none. 13062, §3(d), Sept. 29, 1997, 62 F.R. 51756, formerly as a note pursuant to Section 14 of the Federal Counseling Act in Additional Title 5, Government Agency and Employees.

Earlier. Order. none. 13577. Establishment of the SelectUSA initiative

Earlier. Order. No. 13577, June 15, 2011, 76 F.R. 35715, provided:

Pursuant to the powers vested in me as President under the Constitution and laws of the United States, and to support private sector job creation and enhance economic growth by encouraging and supporting business investment in the United States, it is hereby ordered that the following :

Unit1.Politics. Business investment in the United States by domestic and foreign companies, whether in the form of new equipment or facilities or the expansion of existing facilities, is an important driver of economic growth and job creation. In an era of global capital mobility, the United States faces increasing competition to retain and attract the industries of the future and the jobs they create. My administration is committed to strengthening America's efforts to win in the growing global competition for business investment by leveraging our strength as the world's leading business location.

As a place to do business, the United States offers a strong, diverse and educated workforce, strong protection of intellectual property rights, a predictable and transparent legal system, relatively low taxes, a highly developed infrastructure and access to the world's most lucrative consumer market. . . We welcome domestic and foreign companies to invest in a wide range of US markets.

The federal government lacks the centralized infrastructure to promote investment and the resources to attract business investment often found in other industrialized countries. Currently, states and cities compete with foreign governments to attract business investment. Our nation must retain business investment and seek and attract new investment in the United States by better promoting our capabilities, providing clear, complete, and consistent information and removing unnecessary barriers to investment.

Sek. 2.SelectUSA initiative. (in)montage. The SelectUSA Initiative, a government initiative to attract and retain investment in the US economy, was established. The initiative will be housed in the Ministry of Trade. The purpose of this initiative will be to facilitate business investment in the United States to create jobs, stimulate economic growth and improve American competitiveness. The initiative will ensure improved coordination of federal activities to increase the effectiveness of federal resources supporting domestic and foreign investment in the United States. By providing assistance, the Initiative will work to increase the impact on business investment, job creation and economic growth. The initiative will work on behalf of the entire nation and will observe strict neutrality with respect to specific locations in the United States.

(and)Operations.

(i) The initiative will coordinate the Federal Government's approach and commitment to promoting the United States as a primary place to do business.

(ii) The initiative serves as an intermediary to facilitate the resolution of issues involving Federal programs or activities related to outstanding investments.

(iii) The initiative will provide information to domestic and foreign businesses about: the investment climate in the United States, federal programs and incentives available to investors; and state and local economic development agencies.

(iv) The initiative shall report quarterly to the President through the National Economic Council, the Domestic Policy Council, and the National Security Staff describing its activities, information requests received, and problem-solving efforts.

(do)Management. The Department of Commerce is providing funding and administrative support to the initiative through resources and personnel that will be available to work on the initiative to the extent permitted by law and within existing appropriations. The Minister of Trade appoints a top manager as CEO to lead the initiative. The CEO coordinates activities both within the Ministry of Commerce and with other administrative departments and agencies that have activities related to business investment decisions.

(Hello)Federal Interagency Task Force on Investments.

(i) There is established a federal interagency investment task force (Task Force) to be convened and chaired by the executive director of the initiative in coordination with the director of the National Economic Council.

(ii) The Working Group consists of senior officials from the Department of State, the Department of the Treasury, the Department of Defense, the Department of Justice, the Department of the Interior, Agriculture, Commerce, Labor, Veterans Affairs, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education and Homeland Security, the Environmental Protection Agency, Small Business Administration, Export-Import Bank of the United States, Office of the United States Trade Representative, Domestic Policy Council, National Economic Council, National Security Staff, Office of Management and Budget, and Council of Economic Advisers and such additional executive departments, agencies and offices as the Minister of Commerce may designate. Senior officials are appointed and report to the Deputy Secretary or an official at the appropriate level in their offices, departments and services.

(iii) The Working Group coordinates business investment promotion activities and responds to specific issues affecting business investment decisions.

(iv) The Department of Commerce will provide funding and administrative support to the Task Force to the extent permitted by law and within existing funds.

(mi)Department and agency participation. All executive departments and agencies with activities related to business investment decisions shall cooperate with the initiative at the request of the initiative's executive director in support of its goals.

Sek. 3.General supplies. (a) Nothing in this Series shall be construed to impair or otherwise affect:

(i) the authority vested by law in an executive department, agency, or its head, or the status of such department or agency within the federal government; or

(ii) tasks for the Director of the Office of Management and Budget in relation to fiscal, administrative or legislative proposals.

(b) This order is executed in accordance with applicable law and subject to availability of credit.

(c) This order is not intended to create, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its agencies, departments or units, its officers, employees or agents or any other person.

Barack Obama.

[Reference to the National Security Staff must be interpreted as a reference to the National Security Council Staff, see executive order. none. 13657, set forth as a note to section 3021 of title 50, War and National Defense.]

Section 1513. Tasks and powers assigned to the department

All duties performed and all powers and authorities possessed or exercised by the head of any executive department in and over any bureau, office, official, board, branch or department of the public service transferred to the Department of Commerce or any corporation, arising out of or in connection therewith or in connection with the duties performed and the powers vested by law in such offices, officers, bureaus, committees, departments or divisions of the public service, whether appellate -, audit or other nature, the Minister of Trade.

(February 14, 1903, ch. 552, §10, 32 Stat. 829.)

Codification

The section was previously classified under section 599 of title 5 prior to the general revision and adoption of title 5, Public Agency and Employees, by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.

Transfer of functions

For the transfer of the functions of other officials, employees, and agencies of the Department of Commerce, with certain exceptions, to the Secretary of Commerce with delegation powers, see Reorg. Plan no. 5 of 1950, §§ 1, 2, eff. 24 May 1950, 15 F.R. 3174, 64 Stat. 1263, set forth as a note to section 1501 of this title.

The state's interest in patents

For the duties and powers of the Secretary of Commerce in respect of the Government's interest in patents, see the orders set out as notes to section 266 of title 35, Patents.

§1513a. Expenditure estimates for National Oceanic and Atmospheric Administration programs included in the Department's budget statement

Beginning in fiscal year 2007 and for each fiscal year thereafter, the Secretary of Commerce shall include in the budget statement materials submitted by the Secretary to Congress in support of the Commerce Department's budget (as submitted with the President's budget under section 1105(a) of title 31) an estimate of each acquisition, acquisition, and construction program of the National Oceanic and Atmospheric Administration with an aggregate multiyear program cost of more than $5,000,000 and an estimate of the budget requirements for each such program for each of the five succeeding fiscal years.

(Pub. L. 109–108, title II, Nov. 22, 2005, 119 Stat. 2312.)

Codification

The section originates from the Department of Commerce and Related Services Appropriations Act of 2006, which is Title II of the Science, Government, Justice, Commerce, and Related Agencies Appropriations Act of 2006.

Similar provisions

Similar provisions were contained in the following previous appropriation acts:

Pub. L. 114–113, misc. B, Title I, Dec. 18, 2015, 129 Stat. 2292.

Pub. L. 113–235, misc. B, Title I, Dec. 16, 2014, 128 Stat. 2179.

Pub. L. 113–76, misc. B, title I, Jan. 17, 2014, 128 Stat. 49.

Pub. L. 113–6, misc. B, title I, March 26, 2013, 127 Stat. 239.

Pub. L. 112–55, misc. B, title I, Nov. 18, 2011, 125 Stat. 597.

Pub. L. 111–117, misc. B, Title I, Dec. 16, 2009, 123 Stat. 3119.

Pub. L. 108–447, misc. B, title II, Dec. 8, 2004, 118 Stat. 2881.

§1513b. Cost estimates for National Institute of Standards and Technology construction projects included in the department's budget statement

Beginning in fiscal year 2007 and for each fiscal year thereafter, the Secretary of Commerce shall include in the budget statement materials submitted by the Secretary to Congress in support of the Commerce Department's budget (as submitted with the President's budget under section 1105(a) of title 31) an estimate of each National Institute of Standards and Technology construction project with a total multiyear program cost of more than $5,000,000, and at the same time the budget justification materials include an estimate of the budget requirements for each such project for each of the next five fiscal years.

(Pub. L. 109–108, title II, Nov. 22, 2005, 119 Stat. 2311.)

Codification

The section originates from the Department of Commerce and Related Services Appropriations Act of 2006, which is Title II of the Science, Government, Justice, Commerce, and Related Agencies Appropriations Act of 2006.

Similar provisions

The following credit laws contained similar provisions:

Pub. L. 114–113, misc. B, Title I, Dec. 18, 2015, 129 Stat. 2291.

Pub. L. 113–235, misc. B, Title I, Dec. 16, 2014, 128 Stat. 2177.

Pub. L. 113–76, misc. B, title I, Jan. 17, 2014, 128 Stat. 47.

Pub. L. 113–6, misc. B, title I, March 26, 2013, 127 Stat. 238.

Pub. L. 112–55, misc. B, title I, Nov. 18, 2011, 125 Stat. 596.

Pub. L. 111–117, misc. B, Title I, Dec. 16, 2009, 123 Stat. 3117.

Pub. L. 111–8, misc. B, Title I, March 11, 2009, 123 Stat. 564.

Pub. L. 110–161, misc. B, title I, Dec. 26, 2007, 121 Stat. in 1889.

Section 1514. Basic principles for the performance of certain functions and tasks in the department

The approved funds were approved for the following activities in the Ministry of Trade:

(a) to provide services to employees of the Department of Commerce and other federal agencies (including Army, Navy, and Air Force personnel where Army, Navy, or Air Force facilities or supplies are unavailable and at the request of the appropriate agency) and dependents, in Alaska and elsewhere outside the continental United States, free emergency medical services under contract or otherwise and free emergency medical supplies where, in the judgment of the Secretary, the provision of such supplies and services is necessary;

(b) when deemed necessary by the Secretary of Commerce, purchase, transport, store, and distribute food and other necessities of life for resale to employees of the Department of Commerce and other Federal agencies (including Army, Navy, and Air Force personnel where Army, Navy, or Air Force facilities or supplies not available and at the request of that agency) and their dependents, in Alaska and elsewhere outside the continental United States at fair value as determined by the Secretary of Commerce, the proceeds of such resale being credited to the credit from which the expenditure was incurred;

(c) when deemed necessary by the Secretary of Commerce, the establishment, maintenance, and operation of drainage facilities, by contract or otherwise, in Alaska and elsewhere outside the continental United States where adequate domestic facilities do not exist, such agency shall provide available to employees of the Department of Commerce and other federal agencies (including Army, Navy, and Air Force personnel where no Army, Navy, or Air Force facilities are available and at the request of that agency) and their dependents in accordance with regulations made by the Secretary of Commerce and at fair value determined accordingly, revenue from the provision of such services will be credited to the appropriations from which the expenditure is incurred;

(d) compensation, in accordance with rules prescribed by the Secretary, to officers and employees of or under the Department of Commerce, for food, clothing, medicine and other necessities provided by them in emergencies for the temporary relief of vulnerable persons in remote areas places ·

(e) the provision of motion pictures and film equipment for the recreation of crews on National Oceanic Survey vessels, for the recreation of workers in remote locations where such facilities do not exist, and for training purposes;

(f) to erect, alter, repair, fit out, furnish and maintain, by contract or otherwise, such living and working premises and facilities as may be necessary for the performance of authorized work in remote places outside the foreign territory where the home is for living and work is otherwise not available.

(October 26, 1949, ch. 733, 63 Stat. 907; August 30, 1954, ch. 1076, §1(11), 68 Stat. 967; Publ. L. 93–608, §1, subsection , 2 .January 1975, 88 of 1967)

Codification

The section was previously classified under section 596a of title 5 prior to the general revision and adoption of title 5, State agency and employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

Changes

i 1975— Subchapter (si). Pub. L. 93–608 struck out provision requiring annual report to Congress of total expenditures for such supplies and total proceeds of resale.

i 1954— Sub-chapter (do). The law of 30. August 1954 established a requirement that the Secretary of Commerce submit annually to Congress a report showing the costs of establishing, maintaining, and operating waste facilities in Alaska and elsewhere outside the continental United States.

Name change

The Coastal and Geodetic Survey was consolidated with the National Weather Service in 1965 to form the Environmental Science Services Administration by Reorg. Plan no. 2 from 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318 Environmental Science Administration abolished in 1970 and its personnel, assets, records, etc. transferred to National Oceanic and Atmospheric Administration by Reorg. Plan no. 4 from 1970, eff. October 3, 1970, 35 F.R. 15627, 84 Stat. 2090, cited as a note under section 1511 of this title. By order of the Deputy Administrator of the National Oceanic and Atmospheric Administration, 35 F.R. 19249, December 19, 1970, Coast and Geodetic Survey renamed National Ocean Survey. See notes to section 311 of this title.

§1515. Records, etc., offices transferred to the Ministry of Commerce

Official records and documents relating solely to the business of any office, bureau, department or branch of the public service transferred to the Department of Commerce, together with the furniture used in such office, bureau, department or branch of the public service. department, transfer to the Ministry of Trade.

(February 14, 1903, ch. 552, §4, 32 Stat. 826.)

Codification

The section was previously classified under section 598 of title 5 prior to the general revision and adoption of title 5, Public Agency and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

Name change

Act March 4, 1913, ch. 141, 37 Stat. 736, provided that the Ministry of Trade and Labor and the Minister of Trade and Labor are henceforth called the Ministry of Trade and Commerce.

Section 1516. statistical data

The Secretary of Commerce shall have control over the work of collecting and distributing statistical data naturally relating to the matters entrusted to his department; and shall have power and authority to reorganize the statistical work of the bureaus and offices entrusted to the Department of Commerce, and unify all the above-described statistical bureaus and offices. They will also have the power to refer statistics and results obtained from them to other public authorities. and may collect, organize and publish such statistical information obtained in such manner as it deems proper.

(February 14, 1903, ch. 552, §4, 32 Stat. 826.)

Codification

The section was previously classified under section 601 of title 5 prior to the general revision and adoption of title 5, Public Agency and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

Name change

Act March 4, 1913, ch. 141, 37 Stat. 736, provided that the Ministry of Trade and Labor and the Minister of Trade and Labor are henceforth called the Ministry of Trade and Commerce.

§1516a. Statistics Relating to Social, Health, and Economic Conditions of Americans of Hispanic Descent or Descent

The Department of Commerce, the Department of Labor, the Department of Health and Human Services, and the Department of Agriculture shall regularly collect and publish statistics showing the social, health, and economic status of Americans of Hispanic origin or descent.

(Pub. L. 94–311, §2, 16. June 1976, 90 Stat. 688, Pub. L. 96–88, titel V, §509(b), 17. oktober 1979, 93 Stat. 695. )

Name change

"Department of Health and Human Services" substituted "Department of Health, Education, and Welfare" in section 509(b) of the proclamation. L. 96–88, which classified section 3508(b) in title 20, Education.

Creation of a program for the collection, analysis and publication of data

Pub. L. 94–311, §3, June 16, 1976, 90 Stat. 688, provided that: ``The Director of the Office of Management and Budget, in cooperation with the Secretary of Commerce and the heads of other Federal data collection agencies, shall develop a Government program for the collection, analysis, and publication of data concerning Hispanic Americans.''

Section 1517. Transfer of statistical or scientific work

The President is authorized, by order in writing, at any time to transfer the whole or any part of any bureau, office, department, or other branch of the public service engaged in statistical or scientific work from the Department of State, the Department of the Ministry of Treasury, Department of Defense, Department of Justice, United States Postal Service or Department of Interior, Department of Commerce; and in any such case the duties and powers performed by him and vested by law in such office, office, department or other branch of the public service, or the part thereof so transferred, shall be office, office, department or other. branch of the public service, or their part so transferred. All powers and authorities vested by law, supervision and appeal in the department from which such transfer is made, or its secretary, in relation to said office, bureau, department or other branch of the public service or department, thus that immediately upon such transfer being ordered by the President, the whole or any part of the office, bureau, department or other branch of the public service transferred on this way.

(February 14, 1903, ch. 552, §12, 32 Stat. 830; July 26, 1947, ch. 343, title II, §201(a), 61 Stat. 499; August 10, 1949, ch. 412, § 4, 63 Stat. 579, Pub. L. 91-375, §§4(a), 6(o), August 12, 1970, 84 Stat. 773, 783.)

Codification

The section was previously classified under section 602 of title 5 prior to the general revision and adoption of title 5, Public Agency and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

Name change

Substituted "United States Postal Service" for "Post Office Department" in text pursuant to Pub. L. 91–375, §§4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783, made as comments prior to section 101 of title 39, Postal Service, or under section 201 of title 39, which abolished the Postal Service, transferred its functions to the United States Postal Service, and provided that the references in the other Act of the Department of Mail is interpreted as references to the United States Postal Service.

The Department of Defense replaced the Army and Navy Departments by Act of July 26, 1947, as amended on August 10, 1949.

Act March 4, 1913, ch. 141, 37 Stat. 736, provided that the Ministry of Trade and Labor and the Minister of Trade and Labor are henceforth called the Ministry of Trade and Commerce.

Meteorological satellites (METSAT) and related earth systems. It is prohibited to use funds for the preparation of proposals for the transfer of ownership to private individuals

Pub. L. 98–166, title I, §101, nov. 28, 1983, 97 Stat. 1076, provided that: "No funds appropriated by this Act or any other Act shall be used—

``(1) In assessing the resources of the Civil Space Remote Sensing Board established by the Secretary of Commerce to develop or issue a request for bids for the transfer of ownership or lease of use of any meteorological satellite (METSAT) or associated earth system in any private entity; or

``(2) by the National Oceanic and Atmospheric Administration to transfer ownership of any meteorological satellite (METSAT) or related terrestrial system to any private entity.'';

Civil Land Remote Sensing Satellite System; Expired

Pub. L. 98–52, title II, §202, July 15, 1983, 97 Stat. 285, as amended by Pub. L. 103–437, §5(b)(1), Nov. 2, 1994, 108 Stat. 4582, provided that: ``Notwithstanding title II of the National Aeronautics and Space Administration Authorization Act of 1983 [Pub. L. 97–324, as cited below], the Secretary of Commerce may not transfer ownership or control of a civilian terrestrial, meteorological, or oceanic remote sensing satellite system and associated earth system equipment unless, in addition to any other requirement of law—

``(1) The Secretary of Commerce or his designee shall submit in writing to the Speaker of the House of Representatives and the President of the Senate and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation a comprehensive statement of recommended policies, procedures, the conditions, and restrictions , to which every transfer should be subject; and

``(2) Congress shall then enact legislation containing such policies, procedures, conditions, or limitations (or a combination thereof) as it deems appropriate for such transfer.''

Pub. L. 97–324, title II, §201, Oct. 15, 1982, 96 Stat. 1601, as amended by Pub. L. 98–365, title VI, §608, July 17, 1984, 98 Stat. 466; Pub. L. 103–437, §5(b)(2), Nov. 2, 1994, 108 Stat. 4582, provided that:

``(a) The Secretary of Commerce is authorized to design and provide for the management and operation of civilian space-based remote sensing systems, which may include the Landsat 4 and 5 satellites and associated ground system equipment carried by the National Aeronautics and Space Administration; provide for user fees and plan for the transfer of the operation of civil space remote sensing systems to the private sector when it is in the national interest.

``(b)(1) As part of his planning for the transfer of ownership and operation of civilian operational earth-based remote sensing satellite systems to the private sector, the Secretary shall:

``(A) Conduct a study to determine the Government's current, anticipated, and potential needs for Earth remote sensing data.

``(B) Identify and describe equipment, software, and data inventory that could be transferred to the private sector.

``(C) Compare various possible economic and organizational approaches to such transfer. Criteria for comparison should include issues such as: maintaining data continuity, maintaining US leadership, national security, international obligations, potential for market development; , reduced marketability and expected costs for the public sector, independence from subsidies or financial guarantees from the public sector, potential for financial returns for the public sector and costs of data for the users. The following institutional alternatives should be compared: (i) wholly privately owned and operated by a competitively selected entity; (ii) gradual government/private ownership and operation; (iii) a legally authorized private company; and (iv) continued ownership and operation by the Federal Government.

The Secretary shall complete these investigations and report thereon to the Congress not later than February 1, 1983.

``(2) In addition to the studies and comparisons required under section 201(b)(1), the Secretary shall sponsor at least two parallel studies outside the Government independent of the evaluation of alternatives required by section 201(b) (1) ) (C). These studies must be submitted to Congress not later than April 1, 1983.

``(c) There are authorized to be appropriated $14,955,000 for fiscal year 1983 to carry out the provisions of this title [this note].

``(d) No money authorized by this title [this note] may be used to transfer to the private sector the ownership or control of a civil Earth remote sensing satellite system and associated Earth system equipment unless (A) a period of thirty days has passed after the President for the House of Representatives, the President of the Senate, the Committee on Science, Space and Technology of the House, and the Committee on Commerce, Science and Transportation of the Senate have received a message from the Secretary of Commerce or his designee containing a full and complete plan of the measures proposed to be taken together with the reasons therefor and anticipated funding implications, or (B) each such committee, before the expiration of such period, sends written notice to the Secretary that such committee has no objection to the proposed action."

Earlier. Order. Does not. 11564. Transfer of certain programs and activities to Secretary of Commerce

Earlier. Order. No. 11564, October 6, 1970, 35 F.R. 15801, provided:

Pursuant to the authority conferred on me by section 12 of the Act of 14. February 1903, as amended (15 U.S.C. 1517) [this section] and by section 12(d) of the Act of 15 October 1966 (49 U.S.C. 1651 note) ), as President of the United States, and in the further implementation of Reconstruction Plan No. in the Department of Commerce, it is determined as follows:

Unit1. (a) The following programs and activities are hereby transferred to the Secretary of Commerce:

(1) National Center for Oceanographic Instruments under the Ministry of the Navy, Ministry of Defence.

(2) National Oceanographic Data Center of the Department of the Navy, Department of Defense.

(3) Department of the Navy, Department of Defense Ocean Station Ship Weather Program.

(4) Higher Airspace Observation Program of the Department of the Navy, Department of Defense.

(5) Hydroclimatic Network Program for Army Corps of Engineer, Forsvarsministeriet.

(6) Coast Guard National Buoy Data Development Project, Department of Transportation.

(b) All powers and authorities of the department delegated by law and connected with or connected with the support of or necessary for the operation of the programs and activities transferred pursuant to subsection (a) above may be exercised by the Minister of Commerce for the operation of said programs and activities.

Sek. 2. (a) Such personnel and positions and the bulk of assets, records and unused balances of loans, grants and other funds used, used, held, authorized, affected, disposed of or to be disposed of in connection with the operation of the programs and activities which, in accordance with § 1 of this executive order, are transferred from the Ministry of Defense and the Ministry of Transport, as determined by the director of the Office for Management and Budget, are transferred from these departments to the Ministry of Trade per time or times ordered by the director.

(b) Pursuant to the order of the Director of the Office of Management and Budget, appropriate officials shall make the necessary administrative arrangements for the Secretary of Commerce to take over the programs and activities so transferred.

Richard Nixon.

Section 1518. Editing buildings? officers transferred

In the buildings or premises occupied or made available to the Store Department, the Store Secretary has charge of the library, inventory, articles, records and other property belonging to him or acquired by him for use in his business. and shall be authorized to use for periodical and library purposes, and for the rent of suitable premises for the accommodation of the Department of Commerce in the District of Columbia, and for all other incidental expenses, such sums as Congress may from time to time make available. . If a bureau, office or branch of the public service transferred to the Department of Commerce occupies rented buildings or premises, it may continue to do so until other suitable premises are made available for its use. All officers, clerks and employees employed on February 14, 1903, in or in any of the offices, bureaus, departments or branches of the public service transferred to the Department of Commerce, shall be transferred to said department, unless otherwise provided by law. All laws regulating the work and determining the duties of the several bureaus, offices, departments or branches of the public service transferred to and included in the Department of Commerce, so far as they are not inconsistent with the provisions of this Act, shall remain in force until otherwise is provided for in the law.

(February 14, 1903, ch. 552, §9, 32 Stat. 829.)

References in the text

This law referred to in the text is the law of 14. Feb. 1903, Chapter 552, 32 Stat. 825, as amended, which are classified as sections 175, 1501, 1504, 1510, 1511, 1512, 1513, 1515, 1516, 1517 through 1519 of this title.

Codification

The section was previously classified under section 603 of title 5 prior to the general revision and adoption of title 5, Public Agency and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

Name change

Act March 4, 1913, ch. 141, 37 Stat. 736, provided that the Ministry of Trade and Labor and the Minister of Trade and Labor are henceforth called the Ministry of Trade and Commerce.

Section 1519. Annual and special exhibitions

The Secretary of Commerce shall annually, at the end of each fiscal year, submit a written report to Congress giving an account of all moneys received and disbursed by him and his department, and describing the work done by the department in promoting, promoting, and developing of foreign and domestic trade, mining, processing and fishing. of the United States, and to make such recommendations as he deems necessary for the effective performance of the duties and purposes of the Department. He shall also from time to time make such special inquiries and reports as may be required of him by the President or the House of Congress, or as he himself may deem necessary and urgent.

(February 14, 1903, ch. 552, §8, 32 Stat. 829; Publ. L. 97–31, §12(7), August 6, 1981, 95 Stat. 154.)

Codification

The section was previously classified under section 604 of title 5 prior to the general revision and adoption of title 5, Public Agency and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

Changes

i 1981- Tavern. L. 97–31 deleted references to shipping and means of transportation.

Name change

Act March 4, 1913, ch. 141, 37 Stat. 736, provided that the Ministry of Trade and Labor and the Minister of Trade and Labor are henceforth called the Ministry of Trade and Commerce.

§1519a. Removed. Pub. L. 97–449, §7(b), Jan. 12, 1983, 96 Stat. 2443

The institute, edited by L. 96–371, §2, October. 3, 1980, 94 Stat. 1362; Pub. L. 97–31, §12, subsection 8, Aug. 6, 1981, 95 Stat. 154, required an annual report to Congress by the Secretary of Transportation on the conditions of the public ports of the United States. See section 308(c) of title 49, Transportation.

§1520. Removed. Pub. L. 91–412, §3(d), Sept. 25, 1970, 84 Stat. 864

§, Act 19 December 1942, ch. 780, 56 Stat. 1067, authorized the Secretary of Commerce to prepare a schedule of fees or charges for services or publications furnished by the Department of Commerce, except the Federal and State Governments, provided that the receipts thereof shall be accounted for in the Treasury Department as miscellaneous collections, and specified that the provisions herein shall not amended, modified, altered or repealed any existing law limiting benefits or allowances. See sections 1525 through 1527 of this title.

§1521. Working capital fund? assembly; how much; advantage? compensation

There is established a working capital fund of $100,000, without limitation, to pay salaries and other expenses necessary for the maintenance and operation of (1) central copying, photography, design, and photographic services and (2) such other services as the Secretary may determine , with the approval of the Director of the Office of Management and Budget determines that they may be advantageously performed as centralized services, and said fund is reimbursed from the corresponding funds in offices, institutes and agencies for which services are performed according to tariffs that include estimated or actual costs of personal services, materials, equipment (including maintenance, repair and depreciation) and other costs:Under condition, That these centralized services shall be used to the extent possible to unnecessary maintenance of separate similar services in the offices, offices and services of the department;Provided further, That the annual budget will contain a special list of expenses and returns as well as a report on the working capital fund's current assets and liabilities at the end of the last completed financial year.

(June 28, 1944, ch. 294, title III, §301, 58 Stat. 415; 1970 Reorg. Plan No. 2, §102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.) 208

Codification

The section was previously classified under section 607 of title 5 prior to the general revision and adoption of title 5, Public Agency and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

Transfer of functions

The functions assigned by law (including the reorganization plan) to the Budget Office or to the Director of the Budget Office are transferred to the President in accordance with Article 101 of the Rules of Procedure. Plan no. 2 from 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, as defined in the appendix to section 5, State agency and employees. § 102 Reg. bill no. 2 from 1970 renamed the Budget Office to the Management and Budget Office.

§1522. Receiving gifts and inheritances for the department's needs. separate fund; payments

The Minister of Trade is authorized to receive, store, administer and use gifts and bequests of property, real and personal, with the aim of assisting or facilitating the work of the Ministry of Trade. Gifts and bequests in money and income from the sale of other property received as a gift or bequest are deposited in the fund in a special fund and paid out by order of the Minister of Trade. Real property accepted under this provision and the proceeds thereof shall be used as closely as possible in accordance with the terms of the gift or bequest.

(Pub. L. 88–611, §1, 2. listopada 1964., 78 Stat. 991.)

Codification

The section was previously classified under section 608a of title 5 prior to the general revision and adoption of title 5, Government Agency and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

Transfer of funds

Pub. L. 88–611, §4(b), Oct. 2, 1964, 78 Stat. 991, provided that: ``All gifts and bequests received under the provisions of the Act repealed by subsection (a) of this section [repealing section 278a of this title, section 883g of title 33, Navigation and Navigation, and section 1126( g) ) of the former title 46, Shipping] and all funds that were contained on the day of the adoption of this law [2. October 1964] in the general endowment fund for the United States Merchant Marine Academy, established by subsection (g) of section 216 of the Merchant Marine Act of 1936 [section 1126(g) of former title 46], shall be transferred to the fund authorized by this Act [sec 1522 through 1524 of this title] and shall be administered in accordance with the provisions of this Act [sections 1522 through 1524 of this title]."

§1523. Tax status of gifts and legacies of real estate

For federal income, estate, and gift tax purposes, property accepted under section 1522 of this title shall be treated as a gift or bequest or for the use of the United States.

(Pub. L. 88–611, §2, 2. listopada 1964., 78 Stat. 991.)

Codification

The section was previously classified under section 608b of title 5 prior to the general revision and adoption of title 5, Public Agency and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

Section 1524. Investments and reinvestments of money. loan and interest payment

At the request of the Secretary of Commerce, the Secretary of the Treasury may invest and reinvest in securities of the United States or securities guaranteed by the United States in principal and interest any money held in this authorized fund. The income derived from these securities and any other property accepted under section 1522 of this title shall be paid into authorized capital and shall be paid out as the Secretary of Commerce directs.

(Pub. L. 88–611, §3, 2. listopada 1964., 78 Stat. 991.)

Codification

The section was previously classified under section 608c of title 5 prior to the general revision and adoption of title 5, Public Agency and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.

§1525. Special studies? special collections, lists, newsletters or reports. clearing house for technical information; prints or copies; payment of expenses for special works; joint projects: cost sharing, exemption

The Minister of Commerce is authorized, at the request of any person, company, organization or other, public or private, to conduct special investigations on matters falling within the jurisdiction of the Ministry of Commerce. prepare special compilations, lists, bulletins or reports from their records; perform the functions authorized under section 1152 of this title; and submit transcripts or copies of their studies, collections, and other records; against payment of the actual or estimated amount for the job in question.

In the case of non-profit organizations, research organizations, or public organizations or agencies, the Secretary may participate in joint projects or render services in matters of common interest, the costs of which shall be equitably shared, as determined by the Secretary, who may, however, waive payment of any portion of said costs by others when authorized to do so in accordance with the rules approved by the Office of Management and Budget.

(Pub. L. 91–412, §1, Sept. 25, 1970, 84 Stat. 864; 1970 Reorg. Plan No. 2, §102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 20) . .)

Transfer of functions

The functions assigned by law (including the reorganization plan) to the Budget Office or to the Director of the Budget Office are transferred to the President in accordance with Article 101 of the Rules of Procedure. Plan no. 2 from 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, as defined in the appendix to section 5, State agency and employees. § 102 Reg. bill no. 2 from 1970 renamed the Budget Office to the Management and Budget Office.

§1526. Receipts for work or services. deposit into special accounts; availability for payment of costs, repayments or advances in loans or funds, returns, loans in working capital; limit for approval of annual expenses from the account

All payments for works or services performed or to be performed in accordance with this Act shall be deposited in a special account or accounts which may be used for direct payment of the costs of such works or services, for repayment or payment of advances per loans or funds that will initially bear all or part of these costs or repay the excess amount when necessary:Under condition, Said receipts may be credited to a working capital fund otherwise established by law and used in accordance with the law applicable to said funds, provided the fund is available for use by the agency of the Department of Commerce responsible for performing that work or service , for which it was paid. Appropriations in the Department of Commerce may include provisions limiting annual expenditures from such account or accounts.

(Pub. L. 91–412, §2, 25. september 1970, 84 Stat. 864.)

References in the text

This Act referred to in the text means Pub. L. 91–412, which enacted sections 1525 through 1527, amended section 1153 and repealed sections 189, 189a, 192, 192a, 1153a, and 1520 of this title.

Section 1527. This does not affect fees or charges for services or publications under applicable law

Except for the laws expressly repealed herein, nothing in this Act shall alter, modify, amend or repeal any existing law prescribing fees or charges or authorizing the imposition of fees or charges for services rendered or for any publication issued by the Department of Commerce , or one of its several offices or offices.

(Pub. L. 91–412, §4, 25. september 1970, 84 Stat. 865.)

References in the text

This Act referred to in the text means Pub. L. 91–412, which enacted sections 1525 through 1527, amended section 1153 and repealed sections 189, 189a, 192, 192a, 1153a, and 1520 of this title.

The laws expressly repealed herein and referred to in the text mean the amendment of section 1153 and the repeal of sections 189, 189a, 192, 192a, 1153a, and 1520 of this title, as aforesaid.

§1527a. Revolving fund for the Administration for Statistics and Statistics

A Revolving Fund has been set up for the Administration for Finance and Statistics, which will be available without usage restrictions. USD 1,677,000 is available for initial capitalization in the fund:Under condition, That the Secretary of Commerce is authorized to disseminate economic and statistical data products as authorized by sections 1525 through 1527 of this title and, notwithstanding section 4912 of this title, to charge fees necessary to recover the full costs of their production. Notwithstanding section 3302 of title 31, revenues received from such dissemination activities shall be credited to this account as compensating collections so that they are available to carry out those purposes without further appropriation.

(Pub. L. 103–317, title II, August 26, 1994, 108 Stat. 1744.)

Dissemination of economic and statistical data. Prices

Pub. L. 105–119, title II, Nov. 26, 1997, 111 Stat. 2474, states in part: "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 notwithstanding section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912), levies such fees as are necessary to recover the full cost of production.Notwithstanding 31 U.S.C. 3302, the proceeds of these dissemination activities shall be credited to this account so that they are available to carry out these purposes without additional appropriations.

Similar provisions were contained in the following previous appropriation acts:

Pub. L. 104–208, misc. 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, 1321-1325; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327

Section 1528. It has been downloaded

Codification

Sec., Act February 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; 6 August 1981, amended L. 97–31, §12, subsection 9, 95 Stat. 154, relating to water transportation development policy, transferred to section 142 of former title 49, Transportation, and repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and redesignated section 4(j)(6)(A) as section 303a of title 49, Transportation.

Section 1529. Waiver of Legislative Jurisdiction in Certain Territories

Notwithstanding any other law, the Secretary of Commerce may, at any time the Secretary thinks fit, transfer to a State or Commonwealth any territory or possession of the United States, all or part of the legislative jurisdiction of the United States over territories or interests under the control of the Secretary of State of such State, Commonwealth , territory or possession. A waiver of legislative jurisdiction under this section may be obtained—

(1) by giving notice of resignation to the Governor (or, if there is none, the Chief Executive) of a State, Commonwealth, Territory or Possession, which takes effect on acceptance of the notice; or

(2) as required by the laws of the State, Commonwealth, Territory or Dominion;

(Pub. L. 98–623, title IV, §406, Nov. 8, 1984, 98 Stat. 3409.)

Section 1530. Awarding of contracts for the performance of commercial activities by the National Oceanic and Atmospheric Administration

The Administration may not award any contract for the performance of any "commercial activity" as defined in clause 6.a. Office of Management and Budget Circular A-76, which is implemented by employees of the Administration at least 30 calendar days after the Director of the Administration submits in writing to the President of the Senate, the Speaker of the House of Representatives, the Senate Committee on Commerce, Science and Transportation, the Committee on Merchant Shipping and Fisheries, and the Committee for Science, Space and Technology of the House of Representatives, a full and complete description of the proposed contract along with supporting documents. This documentation includes:

(1) a comparison of the costs of such activities performed by employees of the Administration and the prices of such activities performed under the proposed contract;

(2) comparison of the services performed by management's employees and the services that will be provided under the proposed contract; and

(3) an assessment of the benefits to the Federal Government of continuing the proposed 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.)

Changes

i 1994- Tavern. L. 103–437 substituted ``Science, Space, and Technology Board'' for ``Science and Technology Board'' before ``Committee Board'' in introductory provisions.

Abolition of the Norwegian Parliament's Committee for Merchant Shipping and Fisheries

The House of Representatives Committee on Merchant Shipping and Fisheries was abolished and its jurisdiction transferred by House Resolution No. )(3) of Publ. L. 104–14, set forth as note before section 21 of title 2, Cong.

§1531. Purchase of electrical maintenance bills for the International Trade Administration, Export Administration and the United States Travel and Tourism Administration

To maintain external program activities of the Department of Commerce budgeted for each fiscal year at appropriate program levels, the Secretary may establish market power maintenance accounts for the International Trade Administration, the Export Administration, and the United States Travel and Tourism Administration. He is authorized to allocate to such accounts such sums as may be necessary to compensate for adverse fluctuations in exchange rates or unforeseen changes in wages and prices abroad. To eliminate substantial gains in authorized levels of foreign operations, the Secretary shall transfer amounts deemed excessive for purposes of authorized levels of foreign operations due to fluctuations in foreign exchange rates or changes in contingent foreign wages and prices to the Market Power Maintenance Account, including optional amounts related to the education abroad. To compensate for adverse fluctuations in foreign exchange rates or unforeseen changes in foreign wages and prices, the Secretary may transfer from the market power maintenance account to the credit account amounts deemed necessary to maintain the authorized level of foreign operations. Funds transferred by the Secretary to or from the market strength maintenance account to another account shall be pooled and available for the same purpose and for the same time period as the funds in the account to which they were transferred. Any limitation contained in an appropriations act or other provision of law limiting amounts available to the Department of Commerce that may be obligated or expended shall be deemed adjusted to the extent necessary to offset the net effect of exchange rate fluctuations or non- budgeted wage and price changes abroad to maintain approved levels.

(Pub. L. 100–202, §101(a) [titel I, §108], 22. december 1987, 101 Stat. 1329, 1329–7.)

Section 1532. Telecommunications? electromagnetic radiation; research, analysis, dissemination of information, the secretary's other tasks

The Minister of Trade is authorized to

(1) conduct research in all telecommunication sciences, including the propagation and reception of waves, conditions affecting the propagation and reception of electromagnetic waves, electromagnetic noise and interference, characteristics of the radio system, operational techniques affecting its use of the electromagnetic spectrum, and methods of improving its use of the electromagnetic spectrum for telecommunications purposes;

(2) prepare and issue forecasts of electromagnetic wave propagation conditions and warnings of disturbances under such conditions;

3. Study of the conditions affecting the transmission of radio waves from their source to the receiver and the collection and distribution of information on such radio transmission as a basis for the selection of frequencies to be used in radio operations.

(4) conduct research and analysis in the general field of telecommunications science in support of assigned functions and in support of other government agencies.

(5) Research into non-ionizing electromagnetic radiation and its uses and methods and procedures for measuring and assessing the electromagnetic environment for the purpose of developing and coordinating policies and procedures affecting the Federal Government's use of the electromagnetic spectrum for telecommunications purposes.

(6) collect, 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 for science, engineering or industry; or to the general public and are not available elsewhere. and

(7) perform such other activities similar to those specified in this subsection as the Secretary of Commerce deems appropriate.

(Pub. L. 100–418, title V, §5112(b), Aug. 23, 1988, 102 Stat. 1430.)

Section 1533. Removed. Pub. L. 111–358, title IV, §407(c), Jan. 4, 2011, 124 Stat. 4004

Bureau, ed L. 100–418, title V, §5163(d), Aug. 23, 1988, 102 Stat. 1451, established the Commerce, Science and Technology Scholarship Program in the Department of Commerce.

Codification

Pub. L. 111–358, §407(c), which mandated the repeal of section 5163(d) of the Omnibus Trade and Competition Act of 1988, was carried out by repealing that section, which was section 5163(d) of the Omnibus. Trade and Competition Act of 1988 (Pub. L. 100–418), to reflect the probable intent of Congress.

Section 1534. Assessment of fees for access to environmental data

(a) Basis of assessment

Except as otherwise provided in this section, the Secretary is authorized to assess fees based on fair market value for access to environmental data and information and products derived therefrom collected and/or archived by the National Oceanic and Atmospheric Administration.

(b) Eligible Recipients. exemption from compensation in the case of foreign governments and international organizations

(1) The Secretary shall provide the data, information, and products described in subsection (a) to federal, state, and local government agencies, universities, and other nonprofit institutions at the expense of reproduction and transmission if such data, information, and products are to be used for research and not for commercial purposes.

(2) The Secretary waives the assessment of fees under subsection (a) if necessary to continue to provide data, information, or products to foreign governments and international organizations based on the exchange of such data, information, and products or which are otherwise provided by international agreement.

(3) The Secretary waives the assessment of fees authorized in subsection (a) as necessary to continue to provide weather warnings, watches, and similar products and services necessary for the National Oceanic Atmospheric Mission¹Management.

c) Publication of rate in the Federal Register. an initial schedule that applies for a period of three years

The original schedule of all fees assessed under this section, and any subsequent amendments to such schedule, shall be published by the Secretary in the Federal Register at least 30 days before the effective date of such fees. The original schedule will remain in effect without change for the three-year period beginning on the date the charges under the plan become effective.

(d) Effective Date of Assessments. progressive increases

Any assessment of fees under this section by the National Environmental Satellite, Data and Information Service for archived data shall meet the following requirements:

PCS. 1. The original fee schedule established by the National Administration of Satellite, Data and Environmental Information for archived data shall remain in force for a period of 3 years beginning on the day on which the fees under this Schedule become effective.

PCS. 2. For the first one-year period in which the initial fee schedule applies, fees must be set at a maximum of one third of the amount in subsection a stated fair value.

PCS. 3. In relation to the second period of one year in which the original fee plan is used, the fees are set at a maximum of two-thirds of the indicated fair value.

(4) For the third period of the year in which the original fee schedule applies, and for any period thereafter, fees shall not be assessed at more than the full amount of such fair value.

(e) Operation of the Data Archive Center. availability of reimbursement for center costs

Fees collected under this section by the National Environmental Satellite, Data, and Information Service for archived data shall be available to the National Environmental Satellite, Data, and Information Service for costs incurred in operating its data archiving centers.

(f) Reports to Congressional Committees

The Secretary shall, not later than 90 days after November 17, 1988, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report stating:

(1) any plan of the Secretary for the assessment of fees under this section of the National Environmental Satellite, Data, and Information Service for archived data, including the method and basis by which the amount of such fees shall be determined; and estimated revenue from them? and

(2) any plan by the Secretary to use the proceeds of such fees, as well as other resources, to improve the National Environmental Satellite, Data, and Information Service's ability to collect, manage, process, archive, and disseminate the increasing amount of data generated of satellites, radars and other technologies.

(g) Other valuation principles are not affected

The Secretary's authority to assess fees under this section is in addition to, and shall not be construed as limiting, the authority under any other law to assess fees associated with National Oceanic and Atmospheric Administration environmental data, including the Secretary's authority under section 1307 of title 44. Nothing in this section shall be construed to authorize the Secretary to assess fees for marine and aeronautical products of the National Oceanic and Atmospheric Administration in addition to fees authorized under section 1307 of title 44.

(Pub. L. 100–685, title IV, §409, November 17, 1988, 102 Stat. 4100; Pub. L. 101–508, title X, §10201(a), November 5, 1990, 104 Stat. 1388-392.)

Changes

i 1990— Sub-chapter (a). Pub. L. 101–508, §10201(a)(1), substituted “and information and products derived therefrom collected and/or archived by the National Oceanic and Atmospheric Administration” for “data archived by the National Environmental Satellite, Data and National Oceanic and Atmospheric Administration Information Service'.

Subd. (b) (1). Pub. L. 101–508, §10201(a)(2), inserted "information and products" after "provides data" and substituted "data, information, and products are" for "data are" .

Subd. (B 2). Pub. L. 101–508, §10201(a)(3), inserted "information or products" after "providing data" and substituted "data exchange database for such data, information, and products".

Subd. (b) (3). Tavern. L. 101–508, §10201(a)(4), added subsection (3).

Subd. (Hello). Pub. L. 101–508, §10201(a)(6), inserted "by the National Environmental Satellite, Data and Information Administration for archived data" after "in this section" in introductory provisions.

Subd. (d)(1). Pub. L. 101–508, §10201(a)(5), amended subsection (1) generally. Before the amendment, para. 1 as follows: "No fee is set under this section until after 30 September 1989."

Sections (e), (f)(1). Pub. L. 101–508, §10201(a)(6), inserted ``National Environmental, Data, and Information Satellite Services for Archived Data'' after ``in this section''.

Subd. (SIR). Pub. L. 101–508, §10201(a)(7), inserted before expiration ", including the Secretary's authority under section 1307 of title 44. Nothing in this section shall be construed to authorize the Secretary to assess fees for naval and aviation products from the national oceans and atmosphere, with permits authorized under section 1307 of title 44.''

Effect of changes

Pub. L. 101–508, title X, §10201(b), Nov. 5, 1990, 104 Stat. 1388-393, provided that:

``(1) The increase in revenue to the United States attributable to the amendments made in subsection (a) [amending this section] shall not exceed:

``(A) $2,000,000 for each of fiscal years 1991, 1992, and 1993, and

``(B) $3,000,000 for each of fiscal years 1994 and 1995;

``(2) The increase in revenue for the United States described in paragraph (1) shall be obtained by the Department of Commerce through a fair and equitable increase in fees for services provided by the various programs of the National Oceanic and Atmospheric Administration.

``(3) The Secretary of Commerce shall notify Congress of any changes to the fee schedule pursuant to section 409 of the Act of 17 November 1988 (15 U.S.C. 1534) before such changes become effective.''

¹So original. It should probably start with an "i".

Section 1535. Removed. Pub. L. 111–314, §6, dec. 18, 2010, 124 Stat. 3444

Bureau, ed. L. 101–611, title I, §115(b), Nov. 16, 1990, 104 Stat. 3201, relating to annual reports on the operations of the Office of Space Commerce. See section 50703 of title 51, National and Commercial Space Programs.

Section 1536. Prohibition of Fraudulent Use of "Made in America" ​​Marks.

If a court or federal agency has finally determined that a person has intentionally affixed a mark bearing the words "Made in America" ​​or an inscription of similar meaning to any product sold or shipped in the United States that is not manufactured in the United States of America, such person is ineligible to receive any contract or subcontract from the Department of Commerce under the disqualification, suspension, and debarment procedures in section 9.4 of chapter 1 of title 48, Code of Federal Regulations .

(Pub. L. 102–245, titel I, §111(b), 14. februar 1992, 106 Stat. 14.)

Section 1537. Assessment of data handling, archiving and distribution needs

(1) Not later than 12 months after October 29, 1992, and at least every two years thereafter, the Secretary of Commerce shall complete an assessment of the adequacy of the National Oceanic and Atmospheric Administration's environmental data and information systems. In making such an assessment, the Secretary must take into account the need for:

(A) provide adequate capacity to manage, archive, and disseminate environmental data and information collected and processed or expected to be collected and processed by the National Oceanic and Atmospheric Administration and other relevant agencies and services;

(B) create, develop, and maintain information bases, including necessary management systems, that will promote consistent, efficient, and compatible transmission and use of data;

(C) develop effective interfaces between the environmental data and information systems of the National Oceanic and Atmospheric Administration and other appropriate agencies and services;

(D) development and use of nationally acceptable formats and standards for data collected from various national and international sources; and

(E) integrate and interpret data from various sources to produce information that can be used by decision makers to develop policies that effectively respond to national and global environmental problems.

(2) Not later than 12 months after October 29, 1992, and every two years thereafter, the Secretary of Commerce shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a comprehensive plan, based on assessment clause ( 1), to modernize and improve the environmental data and information systems of the National Oceanic and Atmospheric Administration. The report will—

(A) establish modernization and improvement goals for the ten-year period beginning with the year in which the plan is submitted, including facility requirements and major new technological elements that would be necessary to achieve the goals;

(B) recommend specific programs and activities in organizations to implement the plan.

(C) determine the data and information management, archiving, and distribution responsibilities of the National Oceanic and Atmospheric Administration in relation to other Federal departments and agencies and international organizations, including the role of the National Oceanic and Atmospheric Administration in relation to large data systems such as Earth observation system data and information. and

(D) provide an implementation plan and estimate funding levels necessary to achieve modernization and improvement goals.

(Pub. L. 102–567, title I, §106(c), 29. listopada 1992., 106 Stat. 4274.)

Section 1538. Notice of reallocation

(a) General

The Secretary of Commerce notifies the Committee on Commerce, Science, and Transportation and the Senate Appropriations Committee and the Committee on Merchant Shipping and Fisheries, the Committee on Science, Space, and Technology, and the House Appropriations Committee. Representatives at least 15 days before reprogramming available funds for a program, project, or activity of the National Oceanic and Atmospheric Administration in an amount of less than $250,000 or 5 percent of the total funding for such program, project, or activity, if the reprogramming—

(1) expands an existing program, project, or activity;

(2) reduces by 5 percent or more (A) funding for an existing program, project, or activity, or (B) the number of personnel authorized by Congress; or

(3) result from general savings from staff reductions that would result in a change to an existing program, project, or activity.

(b) Notice of Reorganization

The Secretary of Commerce shall notify the Committees on Commerce and Fisheries, Science, Space and Technology, and Appropriations of the House of Representatives and the Committees on Commerce, Science, Transportation, and Appropriations of the Senate no later than 15 days before any major reorganization of any program, project, or activity of the National Administration for the seas and the atmosphere.

(Pub. L. 102–567, title IV, §403, 29. listopada 1992., 106 Stat. 4291.)

Abolition of the Norwegian Parliament's Committee for Merchant Shipping and Fisheries

The House of Representatives Committee on Merchant Shipping and Fisheries was abolished and its jurisdiction transferred by House Resolution No. )(3) of Publ. L. 104–14, set forth as note before section 21 of title 2, Cong.

Section 1539. Financial support

(a) Processing of Claims

Within 12 months after October 29, 1992, the Secretary of Commerce shall develop and, after notice and opportunity for public comment, issue rules or guidelines to ensure that a completed application for a grant, contract, or other financial assistance under the program shall nondiscretionary assistance will be processed and approved or rejected within 75 days of submission to the appropriate program office of the National Oceanic and Atmospheric Administration.

(b) Notice to Applicant

Not later than 14 days after the date on which the Secretary of Commerce receives an application for a contract, grant, or other financial assistance provided under a nondiscretionary assistance program administered by the National Oceanic and Atmospheric Administration, the Secretary shall notify the applicant in writing that whether or not the application is complete and , if incomplete, identifies the additional material that the applicant must submit to complete the application.

(c) Exception

In the case of a program for which the recipient of a grant, contract, or other financial assistance is designated by law as, or has customarily been, a State or Interstate Fisheries Commission, such financial assistance may be provided by the Secretary to such recipient on the basis of by a single source, without prejudice to any other legal provision.

d) "Non-discriminatory assistance program" defined.

In this section, the term “non-discriminatory assistance program” means any program to provide financial assistance—

(1) where the amount of funding and the intended recipient of financial assistance are determined by Congress; or

(2) whose recipients were normally state or intergovernmental fisheries commissions.

(Pub. L. 102–567, title IV, §404, 29. listopada 1992., 106 Stat. 4292.)

Section 1540. Cooperation agreements

The Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmospheric Affairs, may enter into cooperative agreements and other financial agreements with any nonprofit organization:

(1) assist and promote scientific and educational activities to advance public understanding of the National Oceanic and Atmospheric Administration or its programs; and

(2) solicit private donations to support such activities;

(Pub. L. 102–567, title IV, §406, 29. listopada 1992., 106 Stat. 4293.)

Cooperation agreements for research, education, training and outreach work

Pub. L. 108–199, misc. B, title II, Jan. 23, 2004, 118 Stat. 71, stated in part: "That the Secretary of Commerce may hereinafter enter into cooperative agreements with joint and cooperative institutes designated by the Secretary for the use of such organizations' personnel, services, or facilities for research, education, training, and visibility."

Similar provisions were contained in Pub. L. 108–7, misc. B, title II, Feb. 20, 2003, 117 Stat. 74.

Section 1541. Administrative law judges

Notwithstanding section 559 of title 5, with respect to any ocean conservation law or regulation enforced by the Secretary of Commerce acting through the National Oceanic and Atmospheric Administration, all judicial functions required by chapter 5 of title 5 shall be performed by an administrative law judge. performed by the US Coast Guard for a fee. In the event that the United States Coast Guard requires the credentials of an administrative judge to perform any of these functions, it may request such temporary or occasional assistance from the Office of Personnel Management in accordance with section 3344 of title 5.

(Pub. L. 105–160, §10, 6. marts 1998, 112 Stat. 27.)

Transfer of functions

For transfer of Coast Guard powers, functions, personnel, and property, including related powers and functions of the Secretary of Transportation, to the Department of Homeland Security and for resolution of petitions related thereto, see sections 468(b) ), 551(d), 552 (d) and 557 of title 6, Homeland Security and Department of Homeland Security Reorganization Plan dated November 25, 2002, as amended, set forth as a note to section 542 of title 6.

Section 1542. Establishment of the Ernest F. Hollings Scholarship Program

(a) Establishment

The Administrator of the National Oceanic and Atmospheric Administration will establish and administer the Ernest F. Hollings Scholarship Program. Under the program, the Administrator shall award scholarships in oceanic and atmospheric science, research, technology, and education to be known as Ernest F. Hollings Scholarships.

(b) Purpose

The objectives of the Ernest F. Hollings Scholarship Program are—

(1) increase undergraduate education in oceanic and atmospheric sciences, research, technology, and education and promote interdisciplinary educational opportunities;

(2) increase public understanding and support for ocean and atmospheric stewardship and improve environmental literacy;

(3) recruit and prepare students for careers in public service in the National Oceanic and Atmospheric Administration and other natural resources and science agencies at the federal, state, and local levels of government; and

(4) to recruit and prepare students for careers as teachers and educators in oceanic and atmospheric sciences and to improve science and environmental education in the United States;

(c) Allocation

Each Ernest F. Hollings Scholarship-

(1) shall be used to support undergraduate oceanic and atmospheric science education, research, technology, and education that support the program goals and missions of the National Oceanic and Atmospheric Administration;

(2) recognizes outstanding scholarship and ability;

(3) promote the participation of underrepresented groups in marine and atmospheric science and technology; and

(4) will be awarded by tender in accordance with guidelines issued by the Administrator and published in the Federal Register.

(d) Equality

To meet the requirements for participation in the program, a person must:

(1) enroll or be accepted for enrollment as a full-time student at an institution of higher education (as defined in section 1001(a) of title 20) in an academic field or discipline described in subsection (c);

(2) be a citizen of the United States;

(3) has not received a scholarship under this section for more than 4 academic years, unless the administrator grants a waiver; and

(4) submit a request at such time, in such manner and containing such information, contracts or guarantees as the administrator may require.

(e) Distribution of Funds

The amount of each Ernest F. Hollings Scholarship will be awarded directly to a recipient selected by the Administrator upon receipt of confirmation that the recipient will adhere to a specific and detailed plan of study and research approved by the institution of higher education.

f) Financing

Of the total amount appropriated for fiscal year 2005 and annually thereafter to the National Oceanic and Atmospheric Administration, the Administrator shall set aside one-tenth of 1 percent of such grant for the Ernest F. Hollings Scholarship Program.

(g) Requests for reimbursement of scholarships

The Administrator shall require a person who receives a grant under this section to repay the full amount of the grant to the National Oceanic and Atmospheric Administration if the Administrator determines that, in obtaining or using the grant, the person engaged in fraudulent conduct or failed to to comply with any terms or conditions of the grant. These refunds will be deposited into NOAA's Operating, Research, and Facilities Grant Account and are treated as compensation and are only available to fund additional grants.

(Pub. L. 108–447, div. B, title II, §214, Dec. 8, 2004., 118 Stat. 2884.)

Section 1543. Working group for the return of jobs and development of production

The Secretary of Commerce maintains a task force on job recovery and manufacturing growth and will prepare an annual report on related stimulus strategies, implementation plans, and program results.

(Pub. L. 113–235, div. B, titel I, 16. december 2014, 128 Stat. 2180.)

Codification

The section is derived from the Appropriations Act, which in this section is referred to as Appropriations.

Similar provisions

Similar provisions were contained in the following previous appropriation acts:

Pub. L. 113–76, misc. B, title I, Jan. 17, 2014, 128 Stat. 50.

Pub. L. 113–6, misc. B, title I, March 26, 2013, 127 Stat. 240.

Section 1544. Promotion of tourist trips

The Secretary of Commerce shall encourage, promote, and develop travel in the United States, including any Commonwealth, territory, and possession thereof, through activities that are in the public interest and that do not compete with the activities of any state, city, or private agency.

(July 19, 1940, ch. 642, §1, 54 Stat. 773; Publ. L. 93-193, §2, December 19, 1973, 87 Stat. 765; Publ. L. 94-55, §2 ( (b), July 9, 1975, 89 Stat. 262.)

Codification

The section was previously classified under section 18 of section 16, Protection.

Changes

i 1975- Tavern. Substituted L. 94–55 “shall encourage, promote, and develop travel within the United States, including any Commonwealth, territory, and possession thereof, through activities which are in the public interest and which do not compete with the activities of any State, city, or private agency " for "is authorized and directed to encourage, promote, and develop travel within the United States, its territories, and possessions, provided such activities do not compete with those of private agencies, and to administer all existing travel operations of the Department of Commerce's promotion".

Transfer of functions

Pub. L. 93–193, §2, dec. 19, 1973, 87 Stat. 765, provided that:

``(a) All functions, powers, and duties of the Secretary of the Interior and other offices and officials of the Department of the Interior are hereby transferred and vested in the Secretary of Commerce pursuant to the Act of 19 July 1940 (54) Stat. 773, 16 U.S.C. 18–18d ) [now 15 U.S.C. 1544–1548].

``(b) Assets, liabilities, contracts, assets, records, authorizations, and distributions used, held, used, derived from, available, or to be disposed of in connection with the functions, powers; and the duties transferred under subsection (a) of this section shall be transferred to the Secretary of Commerce."

Section 1545. Cooperation with travel agencies. publication of information

In carrying out the purposes of sections 1544 through 1548 of this title, the Secretary is authorized to cooperate with public and private tourism, travel, and other agencies in exhibiting exhibits and in collecting, publishing, and disseminating information about places of interest, routes, means of transport, accommodation and such other matters as it deems fit and useful for the purpose of encouraging, promoting or developing such travel. Nothing in said section prohibits the preparation of graphic material in foreign languages ​​for the purpose of drawing attention to attractions and points of interest in the United States and to encourage the use of United States-registered vessels and aircraft. Existing US government facilities abroad are authorized to assist in the distribution of this material. The Secretary may contract with private publishers for such printing and binding as he deems appropriate to carry out the purposes of said section. The Secretary is also authorized to collect fees for all publications made available to the public under said section. and all revenue from the sale of publications generated by the expenditure of paid-in funds shall continue to be available for printing and binding as above.

(July 19, 1940, ch. 642, §2, 54 Stat. 773.)

Codification

The section was previously classified under section 18a of section 16, Protection.

Transfer of functions

On the transfer of the duties of the Minister of the Interior to the Minister of Trade ch

Section 1546. Advisory Board for the Promotion of Tourist Travel. costs

The Secretary of Commerce is authorized to establish an advisory committee consisting of a representative from each of the departments of the Department of Agriculture, Agriculture and Commerce, the Interstate Commerce Commission, and the Department of Transportation, as such departments or agencies may determine. , and such additional members, representatives of the various departments of the nation, including transportation and lodging agencies, shall not exceed six members, who shall be appointed by the Secretary of Commerce to serve in his discretion. Committee meetings shall be held at the request of the Secretary for the purpose of making recommendations regarding the promotion of tourist travel in accordance with the provisions of articles 1544 through 1548 of this chapter. Board members do not receive compensation for their services as members, but are entitled to reimbursement of necessary travel expenses and other expenses associated with their participation in board meetings as authorized or approved by the secretary.

(July 19, 1940, cap. 642, §3, 54 Stat. 773; Publ. L. 93-193, §2, December 19, 1973, 87 Stat. 765; Publ. L. 97-31, §12 ( 10), August 6, 1981, 95 Stat. 154, Pub. L. 98–443, §9(o), October 4, 1984, 98 Stat. 1708.)

Codification

The section was previously classified under section 18b of section 16, Protection.

Changes

i 1984-Konoba. L. 98–443 is preceded by ``Civil Aeronautics Authority'' and replaced by ``Interstate Commerce Commission''.

i 1981- Tavern. N. 97–31 substituted "Department of Transportation" for "United States Maritime Commission".

Amendment date of entry into force 1984

Amended by Pub. L. 98–443 effective Jan. 1, 1985, see section 9(v) of Pub. L. 98–443, set forth as note under section 5314 of title 5, State Agency and Employees.

Transfer of functions

The Minister of Trade was replaced by the Minister of the Interior for the purposes of the transfer of tasks to the Minister of Trade from the Minister of the Interior in point 2 of the notice. L. 93-193. See note on delegation of functions set forth in section 1544 of this title.

Abolition and Transfer of Jurisdiction of Interstate Commerce Commission

The Interstate Trade Commission was abolished and the duties of the commission were transferred, except as otherwise provided by regulation. L. 104–88, in the Committee on Land Transportation, effective January 1, 1996, pursuant to section 1302 of title 49, Transportation, and section 101 of Pub. L. 104–88, set forth as a note under section 1301 of title 49. References to the Interstate Commerce Commission taken to refer to the Land Transportation Board, a member or employee of the Board, or the Secretary of Transportation, as the case may be relevant, see section 205 in Publication. L. 104–88, set forth as note to section 1301 of title 49;

Section 1547. Rules and regulations? employees

In carrying out his duties and responsibilities under the provisions of sections 1544 to 1548 of this title, the Secretary of Commerce is authorized to—

(a) to prescribe, amend and repeal such rules and regulations as it deems necessary and to accept contributions for carrying out the purposes of the said sections; and

(b) Employ in accordance with chapter 51 and subchapter III. chapter 53 of title 5, a special assistant and no more than five artists and illustrators.

(July 19, 1940, ch. 642, §4, 54 Stat. 774; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972; Publ. L. 93–193, § 2, Dec. 19, 1973, 87 Stat. 765.)

Codification

The section was previously classified under section 18c of section 16, Protection.

The provisions of subsection (b) authorizing the Secretary of the Interior to appoint "notwithstanding the Civil Service Acts" are omitted, since such appointment is subject to the Civil Service Acts unless expressly exempted by those Acts or laws enacted pursuant to Executive Order 8743, April 23, 1941, issued by the President pursuant to act of November 26, 1940, chapter 919, title I, §1, 54 Stat. 1211, which covered most of the exempt positions in the classified (competitive) public administration. The executive order is listed as a note under section 3301 in section 5, State Agency and employees.

"Chapter 51 and subchapter III of chapter 53 of section 5" substituted in subsection (b) for "Classification Act of 1949, as amended" by approval of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which brought the 5th title.

Changes

i 1949- Couples. (you). The law of 28. October 1949 replaced the "Classification Act of 1949." with the "Classification Act of 1923".

Recalls

Acts Oct. 28, 1949, ch. 782, cited as credit to this section, repealed (subject to saving clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.

Transfer of functions

The Minister of Trade was replaced by the Minister of the Interior for the purposes of the transfer of tasks to the Minister of Trade from the Minister of the Interior in point 2 of the notice. L. 93-193. See note on delegation of functions set forth in section 1544 of this title.

Section 1548. Loan approval

To carry out the provisions of sections 1544 through 1548 of this title, there are authorized to be appropriated $2,500,000 for the fiscal year ending June 30, 1976. $625,000 for the transition period from July 1, 1976, to September 30, 1976. $2,500,000 for the fiscal year ending September 30, 1977, and $2,500,000 for the fiscal year ending September 30, 1978;

(July 19, 1940, cap. 642, §5, 54 Stat. 774; Publ. L. 91-549, December 14, 1970, 84 Stat. 1437; Publ. L. 94-55, §2(a) 9 .July 1975, 89 Stat. 262.)

Codification

The section was previously classified under section 18d of section 16, Protection.

Changes

i 1975- Tavern. L. 94–55 substituted provisions allowing appropriations not to exceed $2,500,000 for fiscal years ending June 30, 1976, $625,000 for the transition period from July 1, 1976, to September 30, 1976, $2,500,000 for fiscal years 1976 and 96 .June $2,500,000 for the fiscal year ending September 30, 1978, for provisions authorizing appropriations not to exceed $250,000 for fiscal year 1971 and $750,000 for fiscal year 1972. .

i 1970- Tavern. L. 91–549 substituted provisions authorizing appropriations of not more than $250,000 for fiscal year 1971 and not more than $750,000 for fiscal year 1972 with provisions authorizing appropriations of not more than $100,000 per year.