- -CITE-
15 USC CHAPTER 40 - DEPARTMENT OF COMMERCE 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
CHAPTER 40 - DEPARTMENT OF COMMERCE
-MISC1-
Sec.
1501. Establishment of Department; Secretary; seal.
1502, 1503. Omitted.
1503a. Under Secretary of Commerce for Economic Affairs.
1503b. Under Secretary of Commerce for Oceans and Atmosphere;
duties; appointment; compensation.
1504. Repealed.
1505. Additional Assistant Secretary; duties, rank of
Assistant Secretaries.
1506. Additional Assistant Secretary; appointment;
applicability of section 1505.
1507. Additional Assistant Secretary; appointment;
compensation; duties.
1507a. Repealed.
1507b. Assistant Secretary of Commerce; appointment;
compensation; duties.
1507c. Assistant Secretary of Commerce for Oceans and
Atmosphere; duties; appointment; compensation.
1508. General Counsel.
1509. Designation of officer to sign routine papers.
1510. Clerical assistants.
1511. Bureaus in Department.
1511a. Repealed.
1511b. United States fishery trade officers.
(a) Appointment.
(b) Assignment.
(c) Functions of fishery trade officers.
(d) Administration.
1511c. Estuarine Programs Office.
(a) Establishment.
(b) Functions.
(c) Authorization.
1511d. Chesapeake Bay Office.
(a) Establishment.
(b) Functions.
(c) Chesapeake Bay fishery and habitat restoration
small watershed grants program.
(d) Chesapeake Executive Council.
(e) Authorization of appropriations.
1511e. Office of Space Commercialization.
(a) Establishment.
(b) Director.
(c) Functions of Office; duties of Director.
1512. Powers and duties of Department.
1513. Duties and powers vested in Department.
1513a. Cost estimates for National Oceanic and Atmospheric
Administration programs included in Department budget
justification.
1514. Basic authority for performance of certain functions
and activities of Department.
1515. Records, etc., of bureaus transferred to Department of
Commerce.
1516. Statistical information.
1516a. Statistics relating to social, health, and economic
conditions of Americans of Spanish origin or descent.
1517. Transfer of statistical or scientific work.
1518. Custody of buildings; officers transferred.
1519. Annual and special reports.
1519a, 1520. Repealed.
1521. Working capital fund; establishment; amount; uses;
reimbursement.
1522. Acceptance of gifts and bequests for purposes of the
Department; separate fund; disbursements.
1523. Tax status of gifts and bequests of property.
1524. Investment and reinvestments of moneys; credit and
disbursement of interest.
1525. Special studies; special compilations, lists,
bulletins, or reports; clearinghouse for technical
information; transcripts or copies; cost payments for
special work; joint projects: cost apportionment,
waiver.
1526. Receipts for work or services; deposit in special
accounts; availability for payment of costs,
repayment or advances to appropriations or funds,
refunds, credits to working capital funds;
appropriation limitation of annual expenditures from
accounts.
1527. Fees or charges for services or publications under
existing law unaffected.
1527a. Economics and Statistics Administration Revolving
Fund.
1528. Transferred.
1529. Relinquishment of legislative jurisdiction over
certain lands.
1530. Awarding of contracts for performance of commercial
activity by National Oceanic and Atmospheric
Administration.
1531. Buying Power Maintenance accounts for International
Trade Administration, Export Administration, and
United States Travel and Tourism Administration.
1532. Telecommunications; electromagnetic radiation;
research, analysis, dissemination of information;
other functions of Secretary.
1533. Commerce, Science, and Technology Fellowship Program.
1534. Assessment of fees for access to environmental data.
(a) Basis of assessment.
(b) Eligible recipients; waiver of fees in cases of
foreign governments and international
organizations.
(c) Publication of fee schedules in Federal
Register; initial schedule effective for
three-year period.
(d) Effective date of assessments; progressive
increments.
(e) Data archive center operations; availability of
fees for expenses of centers.
(f) Report to Congressional committees.
(g) Other assessment authorities unaffected.
1535. Office of Space Commerce; report of activities.
1536. Prohibition against fraudulent use of "Made in
America" labels.
1537. Needs assessment for data management, archival, and
distribution.
1538. Notice of reprogramming.
(a) In general.
(b) Notice of reorganization.
1539. Financial assistance.
(a) Processing of applications.
(b) Notification of applicant.
(c) Exemption.
(d) "Nondiscretionary assistance program" defined.
1540. Cooperative agreements.
1541. Administrative Law Judges.
1542. Establishment of the Ernest F. Hollings Scholarship
Program.
(a) Establishment.
(b) Purposes.
(c) Award.
(d) Eligibility.
(e) Distribution of funds.
(f) Funding.
(g) Scholarship repayment requirement.
-End-
-CITE-
15 USC Sec. 1501 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1501. Establishment of Department; Secretary; seal
-STATUTE-
There shall be at the seat of government an executive department
to be known as the Department of Commerce, and a Secretary of
Commerce, who shall be the head thereof, who shall be appointed by
the President, by and with the advice and consent of the Senate,
and whose term and tenure of office shall be like that of the heads
of the other executive departments; and the provisions of title 4
of the Revised Statutes, including all amendments thereto, shall be
applicable to said department. The said Secretary shall cause a
seal of office to be made for the said department of such device as
the President shall approve, and judicial notice shall be taken of
the said seal.
-SOURCE-
(Feb. 14, 1903, ch. 552, Sec. 1, 32 Stat. 825; Feb. 17, 1909, ch.
137, Secs. 1, 2, 35 Stat. 626; Mar. 4, 1909, ch. 297, Sec. 1, 35
Stat. 861; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; Mar. 3,
1917, ch. 163, Sec. 1, 39 Stat. 1111; Mar. 4, 1925, ch. 549, Sec.
4, 43 Stat. 1301.)
-REFTEXT-
REFERENCES IN TEXT
Title 4 of the Revised Statutes, referred to in text, was
entitled "Provisions Applicable to All Executive Departments", and
consisted of R.S. Secs. 158 to 198. For provisions of the Code
derived from such title 4, see sections 101, 301, 303, 304, 503,
2952, 3101, 3106, 3341, 3345 to 3349, 5535, 5536 of Title 5,
Government Organization and Employees; section 207 of Title 18,
Crimes and Criminal Procedure; sections 514, 520 of Title 28,
Judiciary and Judicial Procedure; section 3321 of Title 31, Money
and Finance.
-COD-
CODIFICATION
Section was formerly classified to section 591 of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80
Stat. 378.
-TRANS-
TRANSFER OF FUNCTIONS
A Department of Labor, under charge of a Commissioner of Labor,
was established by act June 13, 1888, ch. 380, 25 Stat. 182, and by
section 9 of that act, the Bureau of Labor created under act June
27, 1884, ch. 127, 23 Stat. 60, was to cease on the organization of
the Department. The Department of Commerce and Labor, as an
Executive Department, with a Secretary of Commerce and Labor as the
head thereof, was established by act Feb. 14, 1903, ch. 552, 32
Stat. 825, and by section 4 of that act, the Department of Labor
was placed under the jurisdiction and made a part of the Department
of Commerce and Labor with various other offices, bureaus, and
branches of the public service also transferred to and placed under
the jurisdiction of the Department so established. In subsequent
appropriation and other acts, the Department of Labor was
designated as the Bureau of Labor in that Department. But by act
March 4, 1913, ch. 141, 37 Stat. 736, a new executive department
was created, to be called "The Department of Labor," with a
Secretary of Labor to be the head thereof, and the Department of
Commerce and Labor was thereafter to be called the Department of
Commerce, and the Secretary thereof to be called the Secretary of
Commerce.
Functions of all other officers of Department of Commerce and
functions of all agencies and employees of such Department, with a
few exceptions, transferred to Secretary of Commerce, with power
vested in him to authorize their performance or the performance of
any of his functions by any such officers, agencies, and employees
by Reorg. Plan No. 5 of 1950, Secs. 1, 2, eff. May 24, 1950, 15
F.R. 3174, 64 Stat. 1263, set out below.
-MISC1-
DEPUTY SECRETARY OF COMMERCE
For provisions directing the President to appoint a Deputy
Secretary of Commerce, by and with the advice and consent of the
Senate, with the Deputy Secretary to receive compensation at the
rate payable for Level II of the Executive Schedule and with the
Deputy Secretary to perform such duties and exercise such powers as
the Secretary may from time to time prescribe, see section 2(b)(1)
of 1979 Reorg. Plan No. 3, set out in the Appendix to Title 5,
Government Organization and Employees.
Creation of the Office of Deputy Secretary of Commerce by section
2(b)(1) of 1979 Reorg. Plan. No. 3 effective Dec. 7, 1979, see Ex.
Ord. 12175, set out as a note under section 2171 of Title 19,
Customs Duties.
ORDER OF SUCCESSION
For order of succession during any period when both Secretary and
Deputy Secretary of Commerce are unable to perform functions and
duties of office of Secretary, see Ex. Ord. No. 13242, Dec. 18,
2001, 66 F.R. 66260, set out as a note under section 3345 of Title
5, Government Organization and Employees.
REORGANIZATION PLAN NO. 5 OF 1950
Eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, as amended July 2,
1954, ch. 456, title III, Sec. 304, 68 Stat. 430
Prepared by the President and transmitted to the Senate and the
House of Representatives in Congress assembled, 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.].
DEPARTMENT OF COMMERCE
SECTION 1. TRANSFER OF FUNCTIONS TO THE SECRETARY
(a) Except as otherwise provided in subsection (b) of this
section, there are hereby transferred to the Secretary of Commerce
all functions of all other officers of the Department of Commerce
and all functions of all agencies and employees of such Department.
(b) This section shall not apply to the functions vested by the
Administrative Procedure Act (60 Stat. 237) [see 5 U.S.C. 551 et
seq. and 701 et seq.] in hearing examiners employed by the
Department of Commerce, nor to the functions of the Civil
Aeronautics Board, of the Inland Waterways Corporation, or of the
Advisory Board of the Inland Waterways Corporation.
SEC. 2. PERFORMANCE OF FUNCTIONS OF SECRETARY
The Secretary of Commerce may from time to time make such
provisions as he shall deem appropriate authorizing the performance
by any other officer, or by any agency or employee, of the
Department of Commerce of any function of the Secretary, including
any function transferred to the Secretary by the provisions of this
reorganization plan.
SEC. 3. ADMINISTRATIVE ASSISTANT SECRETARY
[Repealed. July 2, 1954, ch. 456, title III, Sec. 304, 68 Stat.
430. Section authorized an Administrative Assistant Secretary of
Commerce.]
SEC. 4. INCIDENTAL TRANSFERS
The Secretary of Commerce may from time to time effect such
transfers within the Department of Commerce of any of the records,
property, personnel, and unexpended balances (available or to be
made available) of appropriations, allocations, and other funds of
such Department as he may deem necessary in order to carry out the
provisions of this reorganization plan.
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 5 of 1950, prepared
in accordance with the Reorganization Act of 1949 and providing for
reorganizations in the Department of Commerce. My reasons for
transmitting this plan are stated in an accompanying general
message.
After investigation I have found and hereby declare that each
reorganization included in Reorganization Plan No. 5 of 1950 is
necessary to accomplish one or more of the purposes set forth in
section 2(a) of the Reorganization Act of 1949.
I have found and hereby declare that it is necessary to include
in the accompanying reorganization plan, by reason of
reorganizations made thereby, provisions for the appointment and
compensation of an Administrative Assistant Secretary of Commerce.
The rate of compensation fixed for this officer is that which I
have found to prevail in respect to comparable officers in the
executive branch of the Government.
The taking effect of the reorganizations included in this plan
may not in itself result in substantial immediate savings. However,
many benefits in improved operations are probable during the next
years which will result in a reduction in expenditures as compared
with those that would be otherwise necessary. An itemization of
these reductions in advance of actual experience under this plan is
not practicable.
Harry S. Truman.
The White House, March 13, 1950.
FEDERAL MARITIME BOARD, AND MARITIME FUNCTIONS OF SECRETARY OF
COMMERCE
Section 307 of Reorg. Plan No. 21 of 1950, eff. May 24, 1950, 15
F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5,
Government Organization and Employees, provided that the functions
transferred by the provisions of that Plan should not be subject to
the provisions of Reorg. Plan No. 5 of 1950, set out above. Said
Reorg. Plan No. 21 of 1950 created, within the Department of
Commerce, the Federal Maritime Board, and the Maritime
Administration, the latter, with a Maritime Administrator at its
head. It abolished the United States Maritime Commission,
transferring some of its functions and some of the functions of its
Chairman to said Federal Maritime Board. It transferred the
remainder of the functions of that Commission and its Chairman to
the Secretary of Commerce, with power vested in him to authorize
their performance by said Maritime Administrator.
-EXEC-
EX. ORD. NO. 13339. INCREASING ECONOMIC OPPORTUNITY AND BUSINESS
PARTICIPATION OF ASIAN AMERICANS AND PACIFIC ISLANDERS
Ex. Ord. No. 13339, May 13, 2004, 69 F.R. 28037, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and for the purpose
of providing equal economic opportunities for full participation of
Asian American and Pacific Islander businesses in our free market
economy where they may be underserved and thus improving the
quality of life for Asian Americans and Pacific Islanders, it is
hereby ordered as follows:
Section 1. (a) There is established in the Department of Commerce
the President's Advisory Commission on Asian Americans and Pacific
Islanders (Commission). The Commission shall consist of not more
than 15 members appointed by the President, one of whom shall be
designated by the President as Chair. The Commission shall include
members who: (i) have a history of involvement with the Asian
American and Pacific Islander communities; (ii) are from the
business enterprise sector; (iii) are from civic associations
representing one or more of the diverse Asian American and Pacific
Islander communities; (iv) are from the fields of economic, social,
and community development; or (v) have such other experience as the
President deems appropriate.
(b) The Secretary of Commerce (Secretary) shall designate an
Executive Director for the Commission.
Sec. 2. The Commission shall provide advice to the President,
through the Secretary, on:
(a) the development, monitoring, and coordination of executive
branch efforts to improve the economic and community development of
Asian American and Pacific Islander businesses through ensuring
equal opportunity to participate in Federal programs, and
public-sector, private-sector partnerships, and through the
collection of data related to Asian American and Pacific Islander
businesses; and
(b) ways to increase the business diversification of Asian
Americans and Pacific Islanders, including ways to foster research
and data on Asian American and Pacific Islander businesses
including their level of participation in the national economy and
their economic and community development.
Sec. 3. (a) The Secretary shall establish within the Department
of Commerce an office known as the White House Initiative on Asian
Americans and Pacific Islanders (Office). The Office shall provide
support for the Commission and the interagency working group
created in section 3(b) of this order.
(b) The Secretary shall also create an interagency working group
(Working Group) whose activities shall be coordinated by the
Department of Commerce. The Secretary shall designate the executive
departments and agencies that shall serve on the Working Group
(executive departments and agencies) and the heads of those
departments and agencies shall select the officials that shall
serve as their respective representatives on the Working Group. The
Executive Director of the Commission shall also serve as the
Director of the Office and the Working Group, and shall report to
the Secretary or the Secretary's designee. The Director of the
Working Group shall advise the Secretary or the Secretary's
designee on efforts by the Federal Government to improve access to
economic opportunities, through equal access to such opportunities,
for Asian American and Pacific Islander businesses where they may
be underserved and thus to improve the quality of life of Asian
Americans and Pacific Islanders.
Sec. 4. The head of each executive department and agency on the
Working Group shall designate a senior Federal official responsible
for management or program administration to report directly to the
agency head on activities implementing this order and to serve as a
liaison to, and representative on, the Working Group. The Secretary
may designate additional Federal officials, with the concurrence of
the head of the designated executive department or agency, to carry
out functions of the Working Group. To the extent permitted by law
and to the extent practicable, each designated executive department
and agency shall provide appropriate information requested by the
Working Group, including data relating to the eligibility for and
participation of Asian American and Pacific Islander businesses in
Federal programs. Where adequate data are not available, the
Working Group shall suggest the means of collecting such data.
Sec. 5. Each designated executive department and agency shall
prepare a plan for, and shall document, its efforts to support
economic opportunities for Asian American and Pacific Islander
businesses. This plan shall address, among other things, executive
branch efforts to:
(a) increase participation in Federal programs for Asian American
and Pacific Islander businesses through equal access to such
programs;
(b) ensure nondiscrimination in Federal contracts and procurement
opportunities;
(c) provide equal opportunity for public-sector, private-sector
partnerships for the community and economic development of Asian
American and Pacific Islander businesses; and
(d) foster research and data collection on Asian American and
Pacific Islander businesses. Each plan shall be submitted through
the working group and the Commission to the Secretary at a date to
be established by the Secretary.
Sec. 6. The Secretary shall review the plans of the designated
executive departments and agencies and develop for submission to
the President for his approval an integrated Federal plan (Federal
Plan) to increase the participation of Asian American and Pacific
Islander businesses in executive branch programs through equal
access to such programs where such organizations may be
underserved. Actions described in the Federal Plan shall address
improving access by Asian American and Pacific Islander businesses
to Federal programs and fostering advances in relevant research and
data as it pertains to community economic development. The
Secretary shall disseminate the Federal Plan, to the extent the
Plan is approved by the President, to appropriate members of the
executive branch. The findings and recommendations in the Federal
Plan shall be followed by the designated executive departments and
agencies in their policies and activities, to the extent permitted
by law and as practicable.
Sec. 7. Insofar as the Federal Advisory Committee Act, as amended
(5 U.S.C. App.) (the "Act"), may apply to the administration of any
portion of this order, any functions of the President under the
Act, except that of reporting to the Congress, shall be performed
by the Secretary in accordance with the guidelines issued by the
Administrator of General Services.
Sec. 8. Members of the Commission shall serve without
compensation, but shall be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by law for persons
serving intermittently in the Government service (5 U.S.C.
5701-5707). To the extent permitted by law and appropriations, and
where practicable, executive departments and agencies shall, upon
request by the Secretary, provide assistance to the Commission and
to the Working Group, and the Department of Commerce shall provide
administrative support and funding for the Commission.
Sec. 9. The Commission shall terminate 2 years from the date of
this order, unless renewed by the President.
Sec. 10. For the purposes of this order, the term: (a) "Asian"
includes persons having origins in any of the original peoples of
the Far East, Southeast Asia, or the Indian subcontinent; and the
term (b) "Pacific Islander" includes persons having origins in any
of the original peoples of Hawaii, Guam, Samoa, or other Pacific
Islands.
Sec. 11. The Secretary of Commerce shall consult the Attorney
General as appropriate on the implementation of this order to
ensure that such implementation affords the equal protection of the
laws required by the due process clause of the Fifth Amendment to
the Constitution.
Sec. 12. This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or
in equity, by a party against the United States, its departments,
agencies, entities, officers, employees or agents, or any other
person.
George W. Bush.
-End-
-CITE-
15 USC Secs. 1502, 1503 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Secs. 1502, 1503. Omitted
-COD-
CODIFICATION
Section 1502, act June 5, 1939, ch. 180, Sec. 1, 53 Stat. 808,
established position of Under Secretary of Commerce. Position
abolished by section 2(b)(2) of Reorg. Plan No. 3 of 1979, 44 F.R.
69273, 93 Stat. 1381, set out in the Appendix to Title 5,
Government Organization and Employees.
Section 1503, act June 5, 1939, ch. 180, Sec. 2, 53 Stat. 808,
provided for performance by Under Secretary of Commerce of
Secretary's duties on latter's death, absence, etc.
-MISC1-
UNDER SECRETARY FOR INTERNATIONAL TRADE
The additional office of Under Secretary for International Trade,
in the Department of Commerce, was provided for by section 2(c) of
Reorg. Plan No. 3 of 1979, 44 F.R. 69273, 93 Stat. 1381, set out in
the Appendix to Title 5, Government Organization and Employees, to
be appointed by the President, by and with the advice and consent
of the Senate, to receive compensation at the rate payable for
Level III of the Executive Schedule, and to perform such duties and
exercise such powers as the Secretary of Commerce may from time to
time prescribe.
UNDER SECRETARY FOR TRANSPORTATION
The additional office of "Under Secretary of Commerce for
Transportation", in the Department of Commerce, was provided for by
section 301 of Reorg. Plan No. 21 of 1950, eff. May 24, 1950, 15
F.R. 3178, 64 Stat. 1273, set out in the Appendix to Title 5,
Government Organization and Employees, to be appointed by the
President, by and with the advice and consent of the Senate, to
receive compensation at the rate prescribed by law for Under
Secretaries of Executive departments, and to perform such duties as
the Secretary of Commerce shall prescribe.
-End-
-CITE-
15 USC Sec. 1503a 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1503a. Under Secretary of Commerce for Economic Affairs
-STATUTE-
There shall be in the Department of Commerce an Under Secretary
of Commerce for Economic Affairs who shall be appointed by the
President by and with the advice and consent of the Senate. The
Under Secretary shall perform such duties as the Secretary of
Commerce shall prescribe.
-SOURCE-
(Pub. L. 97-195, Sec. 1(a), June 16, 1982, 96 Stat. 115.)
-End-
-CITE-
15 USC Sec. 1503b 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1503b. Under Secretary of Commerce for Oceans and Atmosphere;
duties; appointment; compensation
-STATUTE-
There shall be in the Department of Commerce an Under Secretary
of Commerce for Oceans and Atmosphere who shall serve as the
Administrator of the National Oceanic and Atmospheric
Administration established by Reorganization Plan No. 4 of 1970 [5
U.S.C. App.] and perform such duties as the Secretary of Commerce
shall prescribe. The Under Secretary shall be appointed by the
President by and with the advice and consent of the Senate and
shall be compensated at the rate now or hereafter provided for
Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314).
-SOURCE-
(Pub. L. 99-659, title IV, Sec. 407(a), Nov. 14, 1986, 100 Stat.
3739.)
-REFTEXT-
REFERENCES IN TEXT
Reorganization Plan No. 4 of 1970, referred to in text, is set
out under section 1511 of this title.
-MISC1-
SERVICE BY INCUMBENT ADMINISTRATOR AND DEPUTY ADMINISTRATOR OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Section 407(c) of Pub. L. 99-659 provided that: "The individual
serving on the date of enactment of this Act [Nov. 14, 1986] -
"(A) as the Administrator of the National Oceanic and
Atmospheric Administration shall also serve as the Under
Secretary of Commerce for Oceans and Atmosphere until such time
as a successor is appointed under subsection (a) of this section
[enacting this section]; and
"(B) as the Deputy Administrator of the National Oceanic and
Atmospheric Administration shall also serve as the Assistant
Secretary of Commerce for Oceans and Atmosphere until such time
as a successor is appointed under subsection (b) of this section
[enacting section 1507(c) of this title]."
-End-
-CITE-
15 USC Sec. 1504 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1504. Repealed. Pub. L. 97-195, Sec. 1(c)(1), June 16, 1982,
96 Stat. 115
-MISC1-
Section, acts Feb. 14, 1903, ch. 552, Sec. 2, 32 Stat. 826; Mar.
4, 1913, ch. 141, Sec. 1, 37 Stat. 736; Mar. 3, 1917, ch. 163, Sec.
1, 39 Stat. 1111, provided for appointment by President of an
Assistant Secretary of Commerce, who would perform such duties as
prescribed by Secretary or required by law.
-End-
-CITE-
15 USC Sec. 1505 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1505. Additional Assistant Secretary; duties, rank of
Assistant Secretaries
-STATUTE-
There shall be in the Department of Commerce one additional
Assistant Secretary of Commerce, who shall be appointed by the
President, by and with the advice and consent of the Senate. The
Secretary of Commerce may assign to his Assistant Secretaries such
duties, including the direction of the Bureau of Foreign and
Domestic Commerce, as he shall prescribe, or may be required by
law. The Assistant Secretaries of Commerce shall be without
numerical distinction of rank.
-SOURCE-
(July 15, 1947, ch. 251, 61 Stat. 326.)
-COD-
CODIFICATION
Provisions of last sentence that fixed the compensation of the
Assistant Secretaries of Commerce have been omitted as the
positions are under the Executive Schedule under section 5315 of
Title 5, Government Organization and Employees.
Section was formerly classified to section 592a of Title 5 prior
to the general revision and enactment of Title 5 by Pub. L. 89-554,
Sept. 6, 1966, 80 Stat. 378.
-MISC1-
PRIOR PROVISIONS
Prior provisions for an additional Assistant Secretary of
Commerce were contained in act May 20, 1926, ch. 344, Sec. 8 (1st
sentence), 44 Stat. 573, as amended June 23, 1938, ch. 601, Sec.
1107(k), 52 Stat. 1029. Said position was terminated by section
592a-1 of former Title 5, Executive Departments and Government
Officers and Employees. Section 8 of act May 20, 1926, was
subsequently repealed by Pub. L. 85-726, title XIV, Sec. 1401(a),
Aug. 23, 1958, 72 Stat. 806, and Pub. L. 97-195, Sec. 1(c)(2), June
16, 1982, 96 Stat. 115.
-TRANS-
TRANSFER OF FUNCTIONS
Pursuant to powers transferred to Secretary of Commerce under
Reorg. Plan No. 5 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R.
3174, 64 Stat. 1263, set out as a note under section 1501 of this
title, Secretary has reassigned functions of Bureau of Foreign and
Domestic Commerce to other officers of Department.
-MISC2-
ORDER OF SUCCESSION
For order of succession during any period when both Secretary and
Deputy Secretary of Commerce are unable to perform functions and
duties of office of Secretary, see Ex. Ord. No. 13242, Dec. 18,
2001, 66 F.R. 66260, set out as a note under section 3345 of Title
5, Government Organization and Employees.
-End-
-CITE-
15 USC Sec. 1506 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1506. Additional Assistant Secretary; appointment;
applicability of section 1505
-STATUTE-
There shall be on and after July 2, 1954 in the Department of
Commerce, in addition to the Assistant Secretaries now provided for
by law, one additional Assistant Secretary of Commerce, who shall
be appointed by the President by and with the advice and consent of
the Senate, and who shall be subject in all respects to the
provisions of section 1505 of this title, relating to Assistant
Secretaries of Commerce.
-SOURCE-
(July 2, 1954, ch. 456, title III, Sec. 304, 68 Stat. 430.)
-COD-
CODIFICATION
Section constitutes the first sentence of section 304 of act July
2, 1954. The second sentence of such section 304 repealed section 3
of Reorg. Plan 5 of 1950, 15 F.R. 3174, 64 Stat. 1263, set out as a
note under section 1501 of this title, which established the
position of Administrative Assistant Secretary of Commerce.
Section was formerly classified to section 592a-3 of Title 5
prior to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80
Stat. 378.
-End-
-CITE-
15 USC Sec. 1507 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1507. Additional Assistant Secretary; appointment;
compensation; duties
-STATUTE-
There shall be in the Department of Commerce, in addition to the
Assistant Secretaries now provided by law, one additional Assistant
Secretary of Commerce who shall be appointed by the President by
and with the advice and consent of the Senate, shall receive
compensation at the rate prescribed by law for Assistant
Secretaries of Commerce, and shall perform such duties as the
Secretary of Commerce shall prescribe.
-SOURCE-
(Pub. L. 87-405, Feb. 16, 1962, 76 Stat. 9.)
-COD-
CODIFICATION
Section was formerly classified to section 592a-4 of Title 5
prior to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80
Stat. 378.
-End-
-CITE-
15 USC Sec. 1507a 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1507a. Repealed. Pub. L. 97-31, Sec. 12(5), Aug. 6, 1981, 95
Stat. 154
-MISC1-
Section, Pub. L. 91-469, Sec. 42(a), Oct. 21, 1970, 84 Stat.
1038, related to appointment, compensation, and duties of the
Assistant Secretary for Maritime Affairs.
-End-
-CITE-
15 USC Sec. 1507b 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1507b. Assistant Secretary of Commerce; appointment;
compensation; duties
-STATUTE-
There shall be in the Department of Commerce, in addition to the
Assistant Secretaries provided by law as of November 12, 1977, one
additional Assistant Secretary of Commerce who shall be appointed
by the President, by and with the advice and consent of the Senate.
Such Assistant Secretary shall perform such duties as the Secretary
of Commerce shall prescribe.
-SOURCE-
(Pub. L. 95-173, Sec. 9(a), Nov. 12, 1977, 91 Stat. 1360; Pub. L.
97-195, Sec. 1(c)(4), June 16, 1982, 96 Stat. 115.)
-MISC1-
AMENDMENTS
1982 - Pub. L. 97-195 substituted "Such Assistant Secretary shall
perform such duties" for "Such Assistant Secretary shall receive
compensation at the rate prescribed by law for Assistant
Secretaries of Commerce, and shall perform such duties".
-End-
-CITE-
15 USC Sec. 1507c 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1507c. Assistant Secretary of Commerce for Oceans and
Atmosphere; duties; appointment; compensation
-STATUTE-
There shall be in the Department of Commerce, in addition to the
Assistant Secretaries of Commerce provided by law before November
14, 1986, one additional Assistant Secretary of Commerce who shall
have the title Assistant Secretary of Commerce for Oceans and
Atmosphere and shall serve as the Deputy Administrator of the
National Oceanic and Atmospheric Administration established by
Reorganization Plan No. 4 of 1970 [5 U.S.C. App.] and perform such
duties and functions as the Under Secretary of Commerce for Oceans
and Atmosphere shall prescribe. The Assistant Secretary for Oceans
and Atmosphere shall be appointed by the President by and with the
advice and consent of the Senate and shall be compensated at the
rate now or hereafter provided for Level IV of the Executive
Schedule Pay Rates (5 U.S.C. 5315).
-SOURCE-
(Pub. L. 99-659, title IV, Sec. 407(b), Nov. 14, 1986, 100 Stat.
3739.)
-REFTEXT-
REFERENCES IN TEXT
Reorganization Plan No. 4 of 1970, referred to in text, is set
out under section 1511 of this title.
-MISC1-
SERVICE BY INCUMBENT ADMINISTRATOR AND DEPUTY ADMINISTRATOR OF THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Individuals serving on Nov. 14, 1986, as Deputy Administrator of
National Oceanic and Atmospheric Administration to also serve as
Assistant Secretary of Commerce for Oceans and Atmosphere, until
successor is appointed, see section 407(c)(B) of Pub. L. 99-659,
set out as a note under section 1503b of this title.
-End-
-CITE-
15 USC Sec. 1508 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1508. General Counsel
-STATUTE-
There shall be in the Department of Commerce a General Counsel,
who shall be appointed by the President, by and with the advice and
consent of the Senate.
-SOURCE-
(Mar. 18, 1904, ch. 716, Sec. 1, 33 Stat. 135; July 17, 1952, ch.
932, Sec. 2, 66 Stat. 758; Aug. 20, 1954, ch. 776, 68 Stat. 753.)
-COD-
CODIFICATION
Provisions of section that fixed the compensation of the General
Counsel have been omitted as the position is under the Executive
Schedule under section 5315 of Title 5, Government Organization and
Employees.
Section was formerly classified to section 592b of Title 5 prior
to the general revision and enactment of Title 5 by Pub. L. 89-554,
Sept. 6, 1966, 80 Stat. 378.
-MISC1-
AMENDMENTS
1954 - Act Aug. 20, 1954, established rate of compensation.
1952 - Act July 17, 1952, redesignated Solicitor as General
Counsel and provided that "all laws and orders relating or
referring to the Solicitor shall be deemed to relate or refer to
the General Counsel".
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of Commerce, with certain exceptions, to
Secretary of Commerce, with power to delegate, see Reorg. Plan No.
5 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1263, set out as a note under section 1501 of this title.
-MISC2-
ORDER OF SUCCESSION
For order of succession during any period when both Secretary and
Deputy Secretary of Commerce are unable to perform functions and
duties of office of Secretary, see Ex. Ord. No. 13242, Dec. 18,
2001, 66 F.R. 66260, set out as a note under section 3345 of Title
5, Government Organization and Employees.
-End-
-CITE-
15 USC Sec. 1509 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1509. Designation of officer to sign routine papers
-STATUTE-
The Secretary may designate an officer of the Department to sign
minor routine official papers and documents during the temporary
absence of the Secretary, the Under Secretary, and the Assistant
Secretaries of the Department.
-SOURCE-
(May 21, 1945, ch. 129, title III, Sec. 301, 59 Stat. 188; July 15,
1947, ch. 251, 61 Stat. 326.)
-COD-
CODIFICATION
Assistant Secretary changed to Assistant Secretaries by act July
15, 1947, which provided for an additional Assistant Secretary. See
section 1505 of this title.
Section was formerly classified to section 593a of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80
Stat. 378.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of Commerce, with certain exceptions, to
Secretary of Commerce, with power to delegate, see Reorg. Plan No.
5 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1263, set out as a note under section 1501 of this title.
-End-
-CITE-
15 USC Sec. 1510 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1510. Clerical assistants
-STATUTE-
There shall also be such clerical assistants as may from time to
time be authorized by the Congress.
-SOURCE-
(Feb. 14, 1903, ch. 552, Sec. 2, 32 Stat. 826; July 16, 1952, ch.
878, Sec. 2, 66 Stat. 710.)
-COD-
CODIFICATION
Section was formerly classified to section 594 of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80
Stat. 378.
-MISC1-
AMENDMENTS
1952 - Act July 16, 1952, provided for clerical assistants
instead of a disbursing clerk.
DISBURSEMENT CLERK
Section, act Feb. 14, 1903, ch. 552, Sec. 2, 32 Stat. 826,
provided for a disbursing clerk in the Department of Commerce.
TRANSFER OF DISBURSEMENT AGENCIES
Division of Disbursement and certain other offices and agencies
and their functions consolidated into Fiscal Service of Department
of the Treasury by Reorg. Plan No. III of 1940, Sec. 1(a)(1), eff.
June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix
to Title 5, Government Organization and Employees. See section 306
of Title 31, Money and Finance.
-End-
-CITE-
15 USC Sec. 1511 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1511. Bureaus in Department
-STATUTE-
The following named bureaus, administrations, services, offices,
and programs of the public service, and all that pertains thereto,
shall be under the jurisdiction and subject to the 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 Office (!1)
(5) Bureau of the Census; and
(6) such other bureaus or other organizational units as the
Secretary of Commerce may from time to time establish in
accordance with law.
-SOURCE-
(Feb. 14, 1903, ch. 552, Secs. 4, 12, 32 Stat. 826, 830; June 17,
1910, ch. 301, Sec. 4, 36 Stat. 537; Aug. 23, 1912, ch. 350, Sec.
1, 37 Stat. 407; Mar. 4, 1913, ch. 141, Sec. 3, 37 Stat. 737; Jan.
5, 1923, ch. 23, Sec. 1, 42 Stat. 1109; June 30, 1932, ch. 314,
Sec. 501, 47 Stat. 415; Feb. 22, 1934, Ex. Ord. 6611; May 27, 1936,
ch. 463, Sec. 1, 49 Stat. 1380; 1939 Reorg. Plan No. II, Secs.
2(a), 4(e), 6, eff. July 1, 1936, 4 F.R. 2731, 53 Stat. 1432; 1940
Reorg. Plan No. IV, Secs. 7, 8, eff. June 30, 1940, 5 F.R. 2422, 54
Stat. 1235, 1236; 1946 Reorg. Plan No. 3, Secs. 101-104, eff. July
16, 1946, 11 F.R. 7875, 60 Stat. 1097; June 30, 1949, ch. 288,
title I, Sec. 103(a), 63 Stat. 380; Aug. 4, 1949, ch. 393, Sec. 20,
63 Stat. 561; 1949 Reorg. Plan No. 7, Sec. 1, eff. Aug. 19, 1949,
14 F.R. 5228, 63 Stat. 1070; 1950 Reorg. Plan No. 21, Secs. 101,
106, 201, 15 F.R. 3178, 64 Stat. 1273; Pub. L. 93-498, Sec. 23,
Oct. 29, 1974, 88 Stat. 1549; Pub. L. 93-596, Sec. 3, Jan. 2, 1975,
88 Stat. 1949; Pub. L. 95-422, Sec. 2(c), Oct. 5, 1978, 92 Stat.
932; Pub. L. 97-31, Sec. 12(6), Aug. 6, 1981, 95 Stat. 154; Pub. L.
97-63, Sec. 4(a)(1), Oct. 16, 1981, 95 Stat. 1014; Pub. L. 100-418,
title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L.
106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(6)], Nov.
29, 1999, 113 Stat. 1536, 1501A-583; Pub. L. 106-503, title I, Sec.
110(b), Nov. 13, 2000, 114 Stat. 2302.)
-COD-
CODIFICATION
Section was formerly classified to section 597 of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80
Stat. 378.
-MISC1-
AMENDMENTS
2000 - Pars. (5) to (7). Pub. L. 106-503 inserted "and" after
"Census;" in par. (5), redesignated par. (7) as (6) and struck out
former par. (6) which read as follows: "United States Fire
Administration; and".
1999 - Pub. L. 106-113 redesignated pars. (a) to (g) as (1) to
(7), respectively, realigned margins, and in par. (4) substituted
"United States Patent and Trademark Office" for "Patent and
Trademark Office;".
1988 - Subsec. (c). Pub. L. 100-418 substituted "National
Institute of Standards and Technology" for "National Bureau of
Standards".
1981 - Pars. (c) to (g). Pub. L. 97-31 struck out par. (c)
"Maritime Administration" and redesignated pars. (d) to (h) as (c)
to (g), respectively.
1978 - Par. (g). Pub. L. 95-422 substituted "United States Fire
Administration" for "National Fire Prevention and Control
Administration".
1974 - Pub. L. 93-498 amended section generally, substituting
reference to Secretary of Commerce for Department of Commerce,
substituting letters for numbers in the designation for enumerated
bodies, and in such enumeration substituted reference to National
Oceanic and Atmospheric Administration, United States Travel
Service, Maritime Administration, National Bureau of Standards,
Patent Office, Bureau of the Census, National Fire Prevention and
Control Administration and such other bureaus or other
organizational units as the Secretary of Commerce may from time to
time establish in accordance with law, for reference to The Bureau
of Foreign and Domestic Commerce, The Bureau of Public Roads, The
Civil Aeronautics Authority, The Census Office, The Coast and
Geodetic Survey, The Federal Maritime Board, The Inland Waterways
Corporation, The Maritime Administration, The National Bureau of
Standards, The Patent Office, and The Weather Bureau.
-CHANGE-
CHANGE OF NAME
"United States Travel and Tourism Administration" substituted for
"United States Travel Service" in par. (b), pursuant to section
4(a)(1) of Pub. L. 97-63, which established United States Travel
and Tourism Administration in place of United States Travel
Service, effective Oct. 1, 1981. See section 2124 of Title 22,
Foreign Relations and Intercourse.
"Patent and Trademark Office" substituted for "Patent Office", in
par. (d) pursuant to section 3 of Pub. L. 93-596, set out as a note
under section 1 of Title 35, Patents.
In order to implement the provisions of Reorganization Plan No. 4
of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, as
amended, set out below, the following organizational names
appearing in chapter IX of subtitle B of Title 15, Code of Federal
Regulations, which covers the administration of the National
Oceanic and Atmospheric Administration, were changed by order of
the Acting Associate Administrator, 35 F.R. 19249, Dec. 19, 1970,
as follows: Environmental Science Services Administration to
National Oceanic and Atmospheric Administration (ESSA to NOAA);
Coast and Geodetic Survey to National Ocean Survey; and Weather
Bureau to National Weather Service.
-MISC2-
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.
106-113, set out as a note under section 1 of Title 35, Patents.
REPEALS
Act June 17, 1910, ch. 301, Sec. 4, 36 Stat. 537, cited as a
credit to this section, was repealed by act Aug. 4, 1949, ch. 393,
Sec. 20, 63 Stat. 561.
Act June 30, 1932, ch. 314, Sec. 501, 47 Stat. 415, cited as a
credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a),
Sept. 6, 1966, 80 Stat. 648 and Pub. L. 97-258, Sec. 5(b), Sept.
13, 1982, 96 Stat. 1068, 1074.
Act May 27, 1936, ch. 463, Sec. 1, 49 Stat. 1380, cited as a
credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a),
Sept. 6, 1966, 80 Stat. 649.
-TRANS-
TRANSFER OF FUNCTIONS; ORGANIZATIONAL HISTORY
For transfer of functions, personnel, assets, and liabilities of
the Department of Commerce, including the functions of the
Secretary of Commerce relating thereto, to the Secretary of
Homeland Security, and for treatment of related references, see
sections 121(g)(3), 313(2), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a
note under section 542 of Title 6.
Functions of Secretary of Commerce, Department of Commerce, and
officers and components of Department of Commerce as they related
to or were utilized by Office of Energy Programs within Department
of Commerce, but limited to industrial energy conservation
programs, transferred to, and vested in, Secretary of Energy as
part of creation of Department of Energy by Pub. L. 95-91, Aug. 4,
1977, 91 Stat. 565. See section 7157 of Title 42, The Public Health
and Welfare.
For transfer of functions of other officers, employees, and
agencies of Department of Commerce, with certain exceptions, to
Secretary of Commerce, with power to delegate, see Reorg. Plan No.
5 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1263, set out as a note under section 1501 of this title.
Public Roads Administration, which was redesignated Bureau of
Public Roads and, with its functions, transferred from Federal
Works Agency to General Services Administration by section 103(a)
of act June 30, 1949 (see text of, and Historical and Revision
Notes under, section 303(b) of Title 40, Public Buildings,
Property, and Works), was subsequently transferred to Department of
Commerce, and then to Department of Transportation, by Reorg. Plan
No. 7 of 1949, as amended, which is set out in the Appendix to
Title 5, Government Organization and Employees.
Federal Maritime Board was created as an agency within Department
of Commerce by Reorg. Plan No. 21 of 1950, Secs. 101, 106, set out
in the Appendix to Title 5, and sections 103 to 105 of the Plan
transferred to Board and its chairman certain functions of former
United States Maritime Commission and chairman thereof. Section 307
of the Plan provided that functions transferred to Federal Maritime
Board and its chairman should not be subject to the provisions of
Reorg. Plan No. 5 of 1950, also eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1263, set out in note under section 1501 of this title,
which, with a few additional exceptions, transferred functions of
all officers, agencies, and employees of Department of Commerce to
Secretary of Commerce, and authorized him to delegate any functions
so transferred, or any of his other functions, to any of such
officers, agencies and employees. Section 304 of Reorg. Plan No. 7
of 1961, eff. Aug. 12, 1961, 26 F.R. 7315, 75 Stat. 840, set out in
the Appendix to Title 5, abolished Federal Maritime Board,
including offices of members of Board. Functions of Board
transferred either to Federal Maritime Commission, which was
established as an independent body, or to Secretary of Commerce by
sections 103 and 202 of Reorg. Plan No. 7 of 1961.
Maritime Administration, with a Maritime Administrator at its
head, was established in Department of Commerce by Reorg. Plan No.
21 of 1950, Sec. 201, set out in the Appendix to Title 5, and
section 204 of the Plan transferred certain functions of former
United States Maritime Commission and its Chairman to Secretary of
Commerce, with power vested in Secretary to authorize their
performance by Administrator. Section 307 of the Plan provided that
functions transferred to Secretary by that Plan should not be
subject to provisions of Reorg. Plan No. 5 of 1950, also eff. May
24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in note under
section 1501 of this title, which, with a few additional
exceptions, transferred functions of all other officers, agencies,
and employees of Department of Commerce to Secretary of Commerce,
and authorized him to delegate any functions so transferred, or any
of his other functions, to any of such officers, agencies, and
employees.
Section 304 of Reorg. Plan No. 7 of 1961, eff. Aug. 12, 1961, 26
F.R. 7315, 75 Stat. 840, set out in the Appendix to Title 5,
abolished Federal Maritime Board, including offices of members of
Board. Functions of Board transferred either to Federal Maritime
Commission, which was established as an independent body, or to
Secretary of Commerce by sections 103 and 202 of Reorg. Plan No. 7
of 1961.
Maritime Administration of Department of Commerce transferred to
Department of Transportation, and all related functions of
Secretary and other officers and offices of Department of Commerce
transferred to Department of Transportation and vested in Secretary
of Transportation, see section 1601 et seq. of Title 46, Appendix,
Shipping.
Community Relations Service transferred from Department of
Commerce to Department of Justice by Reorg. Plan No. 1 of 1966,
eff. Apr. 22, 1966, 31 F.R. 6187, 80 Stat. 1607, set out in the
Appendix to Title 5.
Department of Commerce, prior to act Mar. 4, 1913, was known as
Department of Commerce and Labor. The following agencies which were
placed under jurisdiction of Department of Commerce and Labor by
act Feb. 13, 1903, which act established the Department, were
abolished or transferred as follows:
Office of United States Shipping Commissioner abolished by Reorg.
Plan No. 3 of 1946, Secs. 101 to 104, eff. July 16, 1946, which
transferred functions to Commandant of Coast Guard and Commissioner
of Customs. See Appendix to Title 5, Government Organization and
Employees.
Bureau of Navigation and the Steamboat Inspection Service
consolidated into Bureau of Navigation and Steamboat Inspection by
act June 30, 1932, which name was changed to Bureau of Marine
Inspection and Navigation by act May 27, 1936, cited to text.
Bureau abolished and functions transferred to Commandant of Coast
Guard and Commissioner of Customs by Reorg. Plan No. 3 of 1946. See
Appendix to Title 5.
Bureau of Fisheries transferred to Department of the Interior by
section 4(e) of Reorg. Plan No. II of 1939. Reorg. Plan No. II of
1939 is set out in the Appendix to Title 5.
Bureau of Immigration changed to Bureau of Immigration and
Naturalization by act June 29, 1906, ch. 3592, Sec. 1, 34 Stat.
596. Commissioner General of Immigration, Commissioners of
Immigration, and Bureau of Immigration and Naturalization,
transferred to Department of Labor by act Mar. 4, 1913.
Subsequently, by Ex. Ord. No. 6166, Sec. 14 of June 10, 1933, and
Reorg. Plan No. V of 1940, eff. June 14, 1940, 5 F.R. 2223, 54
Stat. 1238, Bureau of Immigration and Bureau of Naturalization
consolidated to form Immigration and Naturalization Service and
transferred to Department of Justice.
Light-House Board and Light-House Establishment consolidated
under Bureau of Lighthouses by act June 17, 1910, ch. 301, Sec. 4,
36 Stat. 537. Bureau of Lighthouses transferred to Coast Guard in
Department of the Treasury by Reorg. Plan No. II of 1939, Sec.
2(a). Reorg. Plan No. II of 1939 is set out in the Appendix to
Title 5. Said section 4 of act June 17, 1910, was repealed by
section 20 of act Aug. 4, 1949, section 1 of which reestablished
Coast Guard by enacting Title 14, Coast Guard. Coast Guard
transferred to Department of Transportation, and all functions,
powers, and duties relating to Coast Guard of Secretary of the
Treasury and of other officers and offices of Department of the
Treasury transferred to Secretary of Transportation by Pub. L.
89-670, Sec. 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2)
of Pub. L. 89-670, however, provided that notwithstanding such
transfer of functions, Coast Guard shall operate as part of Navy in
time of war or when President directs as provided in section 3 of
Title 14, Coast Guard. See section 108 of Title 49, Transportation.
Bureau of Mines transferred from Department of the Interior to
Department of Commerce by Ex. Ord. No. 4239, eff. July 1, 1925, and
retransferred to Department of the Interior by Ex. Ord. No. 6611,
Feb. 24, 1934. For provisions relating to closure and transfer of
functions of the United States Bureau of Mines, see note set out
under section 1 of Title 30, Mineral Lands and Mining.
The following agencies acquired their status in the manner
indicated:
Bureau of Foreign and Domestic Commerce resulted from a
consolidation of Bureau of Manufactures and Bureau of Statistics by
act Aug. 23, 1912.
Civil Aeronautics Authority [Civil Aeronautics Board] transferred
to Department of Commerce by section 7 of Reorg. Plan No. IV of
1940, set out in the Appendix to Title 5. For transfer of functions
of Civil Aeronautics Board see section 1551 et seq. and section
1655(d) of former Title 49, Transportation.
Inland Waterways Corporation transferred to Department of
Commerce by section 6 of Reorg. Plan No. II of 1939. Reorg. Plan
No. II of 1939 is set out in the Appendix of Title 5. Pub. L.
88-67, Sec. 2, July 19, 1963, 77 Stat. 81, provided generally for
liquidation of affairs of Inland Waterways Corporation.
Patent Office transferred from Department of the Interior by Ex.
Ord. of Mar. 17, 1925, as authorized by section 12 of act Feb. 14,
1903. See section 1517 of this title.
Environmental Science Services Administration in Department of
Commerce, including offices of Administrator and Deputy
Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff.
Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix
to Title 5, which created National Oceanic and Atmospheric
Administration in Department of Commerce and transferred personnel,
property, records, and unexpended balances of funds of
Environmental Science Services Administration to such newly created
National Oceanic and Atmospheric Administration. Components of
Environmental Science Services Administration thus transferred
included Weather Bureau, Coast and Geodetic Survey, Environmental
Data Service, National Environmental Satellite Center, and ESSA
Research Laboratories.
Weather Bureau transferred from Department of Agriculture by
section 8 of Reorg. Plan No. IV of 1940. Reorg. Plan IV of 1940 is
set out in the Appendix to Title 5. Coast and Geodetic Survey and
Weather Bureau consolidated to form a new agency in Department of
Commerce known as Environmental Science Services Administration by
Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79
Stat. 4443, set out in the Appendix to Title 5.
Functions, powers, and duties of Office of Audits and
Investigations and Inspections Staff and that portion of office
referred to as Office of Investigations and Security which had
responsibility for investigation of alleged criminal violations and
program abuse in Department of Commerce transferred to Office of
Inspector General in Department of Commerce, as established by Pub.
L. 95-452, Sec. 2, Oct. 12, 1978, 92 Stat. 1101, set out in the
Appendix to Title 5, Government Organization and Employees. See
section 9(a)(1)(B) of Pub. L. 95-452, set out in the Appendix to
Title 5.
-MISC3-
REORGANIZATION PLAN NO. 4 OF 1970
EFF. OCT. 3, 1970, 35 F.R. 15627, 84 STAT. 2090, AS AMENDED PUB. L.
94-461, SEC. 4(C)(1), OCT. 8, 1976, 90 STAT. 1969; PUB. L. 95-219,
SEC. 3(A)(1), DEC. 28, 1977, 91 STAT. 1613; PUB. L. 98-498, TITLE
III, SEC. 320(C)(3), OCT. 19, 1984, 98 STAT. 2309; PUB. L. 99-659,
TITLE IV, SEC. 407(D), NOV. 14, 1986, 100 STAT. 3739
Prepared by the President and transmitted to the Senate and the
House of Representatives in Congress assembled, July 9, 1970,
pursuant to the provisions of Chapter 9 of Title 5 of the United
States Code.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
SECTION 1. TRANSFERS TO SECRETARY OF COMMERCE
The following are hereby transferred to the Secretary of
Commerce:
(a) All functions vested by law in the Bureau of Commercial
Fisheries of the Department of the Interior or in its head,
together with all functions vested by law in the Secretary of the
Interior or the Department of the Interior which are administered
through that Bureau or are primarily related to the Bureau,
exclusive of functions with respect to (1) Great Lakes fishery
research and activities related to the Great Lakes Fisheries
Commission, (2) Missouri River Reservoir research, (3) the Gulf
Breeze Biological Laboratory of the said Bureau at Gulf Breeze,
Florida, and (4) Trans-Alaska pipeline investigations.
(b) The functions vested in the Secretary of the Interior by the
Act of September 22, 1959 (Public Law 86-359, 73 Stat. 642, 16
U.S.C. 760c-760g; relating to migratory marine species of game
fish).
(c) The functions vested by law in the Secretary of the Interior,
or in the Department of the Interior or in any officer or
instrumentality of that Department, which are administered through
the Marine Minerals Technology Center of the Bureau of Mines.
(d) All functions vested in the National Science Foundation by
the National Sea Grant College and Program Act of 1966 (80 Stat.
988), as amended (33 U.S.C. 1121 et seq.).
(e) Those functions vested in the Secretary of Defense or in any
officer, employee, or organizational entity of the Department of
Defense by the provision of Public Law 91-144, 83 Stat. 326, under
the heading "Operation and maintenance, general" with respect to
"surveys and charting of northern and northwestern lakes and
connecting waters," or by other law, which come under the mission
assigned as of July 1, 1969, to the United States Army Engineer
District, Lake Survey, Corps of Engineers, Department of the Army
and relate to (1) the conduct of hydrographic surveys of the Great
Lakes and their outflow rivers, Lake Champlain, New York State
Barge Canals, and the Minnesota-Ontario border lakes, and the
compilation and publication of navigation charts, including
recreational aspects, and the Great Lakes Pilot for the benefit and
use of the public, (2) the conception, planning, and conduct of
basic research and development in the fields of water motion, water
characteristics, water quantity, and ice and snow, and (3) the
publication of data and the results of research projects in forms
useful to the Corps of Engineers and the public, and the operation
of a Regional Data Center for the collection, coordination,
analysis, and the furnishing to interested agencies of data
relating to water resources of the Great Lakes.
(f) So much of the functions of the transferor officers and
agencies referred to in or affected by the foregoing provisions of
this section as is incidental to or necessary for the performance
by or under the Secretary of Commerce of the functions transferred
by those provisions or relates primarily to those functions. The
transfers to the Secretary of Commerce made by this section shall
be deemed to include the transfer of authority, provided by law, to
prescribe regulations relating primarily to the transferred
functions.
SEC. 2. ESTABLISHMENT OF ADMINISTRATION
(a) There is hereby established in the Department of Commerce an
agency which shall be known as the National Oceanic and Atmospheric
Administration, hereinafter referred to as the "Administration."
(b) There shall be at the head of the Administration the
Administrator of the National Oceanic and Atmospheric
Administration, hereinafter referred to as the "Administrator." The
Administrator shall be appointed by the President, by and with the
advice and consent of the Senate, and shall be compensated at the
rate now or hereafter provided for Level III of the Executive
Schedule Pay Rates (5 U.S.C. 5314).
(c) There shall be in the Administration a Deputy Administrator
of the National Oceanic and Atmospheric Administration who shall be
appointed by the President, by and with the advice and consent of
the Senate, and shall be compensated at the rate now or hereafter
provided for Level IV of the Executive Schedule Pay Rates (5 U.S.C.
5315). The Deputy Administrator shall perform such functions as the
Administrator shall from time to time assign or delegate, and shall
act as Administrator during the absence or disability of the
Administrator or in the event of a vacancy in the office of
Administrator.
(d) There shall be in the Administration a Chief Scientist of the
National Oceanic and Atmospheric Administration who shall be
appointed by the President, by and with the advice and consent of
the Senate, and shall be compensated at the rate now or hereafter
provided for Level V of the Executive Schedule Pay Rates (5 U.S.C.
5316). The Chief Scientist shall be the principal scientific
adviser to the Administrator, and shall perform such other duties
as the Administrator may direct. The Chief Scientist shall be an
individual who is, by reason of scientific education and
experience, knowledgeable in the principles of oceanic,
atmospheric, or other scientific disciplines important to the work
of the Administration. [As amended Pub. L. 94-461, Sec. 4(c)(1),
Oct. 8, 1976, 90 Stat. 1969; Pub. L. 99-659, title IV, Sec. 407(d),
Nov. 14, 1986, 100 Stat. 3739.]
(e)(1) There shall be in the Administration a General Counsel and
five Assistant Administrators, one of whom shall be the Assistant
Administrator for Coastal Zone Management and one of whom shall be
the Assistant Administrator for Fisheries. The General Counsel and
each Assistant Administrator shall be appointed by the Secretary,
subject to approval of the President, and shall be compensated at a
rate now or hereafter provided for level V of the Executive
Schedule Pay Rates (5 U.S.C. 5316).
(2) The General Counsel shall serve as the chief legal officer
for all legal matters which may arise in connection with the
conduct of the functions of the Administration.
(3) The Assistant Administrator for Coastal Zone Management shall
be an individual who is, by reason of background and experience,
especially qualified to direct the implementation and
administration of the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.).
(4) The Assistant Administrator for Fisheries shall be
responsible for all matters related to living marine resources
which may arise in connection with the conduct of the functions of
the Administration. [As amended Pub. L. 95-219, Sec. 3(a)(1), Dec.
28, 1977, 91 Stat. 1613.]
(f) The President may appoint in the Administration, by and with
the advice and consent of the Senate, two commissioned officers to
serve at any one time as the designated heads of two principal
constituent organizational entities of the Administration, or the
President may designate one such officer as the head of such an
organizational entity and the other as the head of the commissioned
corps of the Administration. Any such designation shall create a
vacancy on the active list and the officer while serving under this
subsection shall have the rank, pay, and allowances of a rear
admiral (upper half).
(g) Any commissioned officer of the Administration who has served
under (d) or (f) and is retired while so serving or is retired
after the completion of such service while serving in a lower rank
or grade, shall be retired with the rank, pay, and allowances
authorized by law for the highest grade and rank held by him; but
any such officer, upon termination of his appointment in a rank
above that of captain, shall, unless appointed or assigned to some
other position for which a higher rank or grade is provided, revert
to the grade and number he would have occupied had he not served in
a rank above that of captain and such officer shall be an extra
number in that grade.
SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS
The provisions of sections 2 and 4 of Reorganization Plan No. 5
of 1950 (64 Stat. 1263) shall be applicable to the functions
transferred hereunder to the Secretary of Commerce.
SEC. 4. INCIDENTAL TRANSFERS
(a) So much of the personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds employed,
used, held, available, or to be made available in connection with
the functions transferred to the Secretary of Commerce by this
reorganization plan as the Director of the Office of Management and
Budget shall determine shall be transferred to the Department of
Commerce at such time or times as the Director shall direct.
(b) Such further measures and dispositions as the Director of the
Office of Management and Budget shall deem to be necessary in order
to effectuate the transfers referred to in subsection (a) of this
section shall be carried out in such manner as he shall direct and
by such agencies as he shall designate.
(c) The personnel, property, records, and unexpended balances of
appropriations, allocations, and other funds of the Environmental
Science Services Administration shall become personnel, property,
records, and unexpended balances of the National Oceanic and
Atmospheric Administration or of such other organizational entity
or entities of the Department of Commerce as the Secretary of
Commerce shall determine.
(d) The Commissioned Officer Corps of the Environmental Science
Services Administration shall become the Commissioned Officer Corps
of the National Oceanic and Atmospheric Administration. Members of
the Corps, including those appointed hereafter, shall be entitled
to all rights, privileges, and benefits heretofore available under
any law to commissioned officers of the Environmental Science
Services Administration, including those rights, privileges, and
benefits heretofore accorded by law to commissioned officers of the
former Coast and Geodetic Survey.
(e) Any personnel, property, records, and unexpended balances of
appropriations, allocations, and other funds of the Bureau of
Commercial Fisheries not otherwise transferred shall become
personnel, property, records, and unexpended balances of such
organizational entity or entities of the Department of the Interior
as the Secretary of the Interior shall determine.
SEC. 5. INTERIM OFFICERS
(a) The President may authorize any person who immediately prior
to the effective date of this reorganization plan held a position
in the executive branch of the Government to act as Administrator
until the office of Administrator is for the first time filled
pursuant to provisions of this reorganization plan or by recess
appointment, as the case may be.
(b) The President may similarly authorize any such person to act
as Deputy Administrator and authorize any such person to act as
Associate Administrator.
(c) The President may similarly authorize a member of the former
Commissioned Officer Corps of the Environmental Science Services
Administration to act as the head of one principal constituent
organizational entity of the Administration.
(d) The President may authorize any person who serves in an
acting capacity under the foregoing provisions of this section to
receive the compensation attached to the office in respect of which
he so serves. Such compensation, if authorized, shall be in lieu
of, but not in addition to, other compensation from the United
States to which such person may be entitled.
SEC. 6. ABOLITIONS
(a) Subject to the provisions of this reorganization plan, the
following, exclusive of any functions, are hereby abolished:
(1) The Environmental Science Services Administration in the
Department of Commerce (established by Reorganization Plan No. 2 of
1965, 79 Stat. 1318), including the offices of Administrator of the
Environmental Science Services Administration and Deputy
Administrator of the Environmental Science Services Administration.
(2) The Bureau of Commercial Fisheries in the Department of the
Interior (16 U.S.C. 742b), including the office of Director of the
Bureau of Commercial Fisheries.
(b) Such provisions as may be necessary with respect to
terminating any outstanding affairs shall be made by the Secretary
of Commerce in the case of the Environmental Science Services
Administration and by the Secretary of the Interior in the case of
the Bureau of Commercial Fisheries.
MESSAGE OF THE PRESIDENT (!1)
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 4 of 1970, prepared
in accordance with chapter 9 of title 5 of the United States Code.
The plan would transfer to the Secretary of Commerce various
functions relating to the oceans and atmosphere, including
commercial fishery functions, and would establish a National
Oceanic and Atmospheric Administration in the Department of
Commerce. My reasons for transmitting this plan are stated in a
more extended accompanying message.
After investigation, I have found and hereby declare that each
reorganization included in Reorganization Plan No. 4 of 1970 is
necessary to accomplish one or more of the purposes set forth in
section 901(a) of title 5 of the United States Code. In particular,
the plan is responsive to section 901(a)(1), "to promote the better
execution of the laws, the more effective management of the
executive branch and of its agencies and functions, and the
expeditious administration of the public business;" and section
901(a)(3), "to increase the efficiency of the operations of the
Government to the fullest extent practicable."
The reorganizations provided for in the plan make necessary the
appointment and compensation of new officers as specified in
section 2 of the plan. The rates of compensation fixed for these
officers are comparable to those fixed for other officers in the
executive branch who have similar responsibilities.
The reorganization plan should result in the more efficient
operation of the Government. It is not practical, however, to
itemize or aggregate the exact expenditure reductions which will
result from this action.
Richard Nixon.
The White House, July 9, 1970.
-EXEC-
EXECUTIVE ORDER NO. 11567
Ex. Ord. No. 11567, Nov. 16, 1970, 35 F.R. 17701, which
prescribed the compensation of the Director and Deputy Director of
the Bureau of Domestic Commerce, was superseded by Ex. Ord. No.
11759, Jan. 15, 1974, 39 F.R. 2077, formerly set out below.
EXECUTIVE ORDER NO. 11759
Ex. Ord. No. 11759, Jan. 15, 1974, 39 F.R. 2077, which related to
compensation of certain officials in the Domestic and International
Business Administration, was superseded by Ex. Ord. No. 12096, Nov.
2, 1978, 43 F.R. 51597, formerly set out below.
EXECUTIVE ORDER NO. 12096
Ex. Ord. No. 12096, Nov. 2, 1978, 43 F.R. 51597, which related to
compensation of certain officials in the Industry and Trade
Administration, was revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45
F.R. 989, set out as a note under section 2171 of Title 19, Customs
Duties.
-FOOTNOTE-
(!1) So in original. Probably should be followed by a semicolon.
(!1) For additional Message of the President see Reorganization
Plan No. 3 of 1970, Title 5, Appendix, Government Officers and
Employees.
-End-
-CITE-
15 USC Sec. 1511a 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1511a. Repealed. Pub. L. 95-219, Sec. 3(a)(2), Dec. 28, 1977,
91 Stat. 1613
-MISC1-
Section, Pub. L. 94-370, Sec. 15(a), July 26, 1976, 90 Stat.
1032, authorized appointment and set forth compensation level for
an Associate Administrator for Coastal Zone Management.
-End-
-CITE-
15 USC Sec. 1511b 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1511b. United States fishery trade officers
-STATUTE-
(a) Appointment
For purposes of carrying out export promotion and other fishery
development responsibilities, the Secretary of Commerce
(hereinafter in this section referred to as the "Secretary") shall
appoint not fewer than six officers who shall serve abroad to
promote United States fishing interests. These officers shall be
knowledgeable about the United States fishing industry, preferably
with experience derived from the harvesting, processing, or
marketing sectors of the industry or from the administration of
fisheries programs. Such officers, who shall be employees of the
Department of Commerce, shall have the designation of fishery trade
officers.
(b) Assignment
Upon the request of the Secretary, the Secretary of State shall
officially assign fishery trade officers to such diplomatic
missions of the United States as the Secretary designates (three of
which shall be those in Brussels, Belgium; Rome, Italy; and Tokyo,
Japan) and shall obtain for them diplomatic privileges and
immunities equivalent to those enjoyed by foreign service personnel
of comparable rank and salary.
(c) Functions of fishery trade officers
The functions of fishery trade officers appointed under
subsection (a) of this section shall be -
(1) to increase the effectiveness of United States fishery
export promotion efforts through such activities as the
coordination of market development efforts and the provision of
services and facilities for exporters of United States fishery
products;
(2) to develop, maintain, and make available to interested
persons listings of (A) trade, government, and other
organizations that are concerned with, or have an interest in,
international trade in United States fishery products, and (B)
United States fishery products available for such trade;
(3) to prepare quarterly reports regarding (A) the supply,
demand, and prices of each United States fishery product
exported, or for which there may be export potential, to the
foreign nation or area concerned, and (B) the trade barriers or
incentives of such nation or area that affect imports of such
products;
(4) to prepare weekly statements regarding the prices for each
fishery product for which there may be United States export
potential to the foreign nation or area concerned; and
(5) to carry out such other functions as the Secretary may
require.
(d) Administration
The Secretary of State and the Secretary shall enter into
cooperative arrangements concerning the provision of office space,
equipment, facilities, clerical services, and such other
administrative support as may be required for fishery trade
officers and their families.
-SOURCE-
(Pub. L. 96-561, title II, Sec. 211, Dec. 22, 1980, 94 Stat. 3290.)
-End-
-CITE-
15 USC Sec. 1511c 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1511c. Estuarine Programs Office
-STATUTE-
(a) Establishment
The Administrator of the National Oceanic and Atmospheric
Administration (hereinafter in this section referred to as the
"Administrator") shall establish within the Administration an
Estuarine Programs Office.
(b) Functions
The Estuarine Programs Office shall -
(1) develop and implement a national estuarine strategy for the
Administration that integrates the research, regulatory, and
trusteeship responsibilities of the Administration;
(2) coordinate the estuarine activities of the various
organizations within the Administration, including activities in
estuarine research and assessment, fisheries research, coastal
management, and habitat conservation;
(3) coordinate the estuarine activities of the Administration
with the activities of other Federal and State agencies; and
(4) provide technical assistance to the Administrator, to other
Federal agencies, and to State and local government agencies in -
(A) assessing the condition of estuaries;
(B) identifying estuaries of critical national or regional
importance;
(C) identifying technical and management alternatives for the
restoration and protection of estuarine resources; and
(D) monitoring the implementation and effectiveness of
estuarine management plans.
(c) Authorization
There are authorized to be appropriated to 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 the provisions of this section.
-SOURCE-
(Pub. L. 99-659, title IV, Sec. 406, Nov. 14, 1986, 100 Stat.
3738.)
-End-
-CITE-
15 USC Sec. 1511d 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1511d. Chesapeake Bay Office
-STATUTE-
(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 who shall be
appointed by the Secretary of Commerce, in consultation with the
Chesapeake Executive Council. Any individual appointed as Director
shall have knowledge and experience in research or resource
management efforts in the Chesapeake Bay.
(3) The Director may appoint such additional personnel for the
Office as the Director determines necessary to carry out this
section.
(b) Functions
The Office, in consultation with the Chesapeake Executive
Council, shall -
(1) provide technical assistance to the Administrator, to other
Federal departments and agencies, and to State and local
government agencies in -
(A) assessing the processes that shape the Chesapeake Bay
system and affect its living resources;
(B) identifying technical and management alternatives for the
restoration and protection of living resources and the habitats
they depend upon; 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 science,
research, monitoring, data collection, regulatory, and management
responsibilities of the Secretary of Commerce in such a manner as
to assist the cooperative, intergovernmental Chesapeake Bay
Program to meet the commitments of the Chesapeake Bay Agreement;
(3) coordinate the programs and activities of the various
organizations within the National Oceanic and Atmospheric
Administration, the Chesapeake Bay Regional Sea Grant Programs,
and the Chesapeake Bay units of the National Estuarine Research
Reserve System, including -
(A) programs and activities in -
(i) coastal and estuarine research, monitoring, and
assessment;
(ii) fisheries research and stock assessments;
(iii) data management;
(iv) remote sensing;
(v) coastal management;
(vi) habitat conservation and restoration; and
(vii) atmospheric deposition; and
(B) programs and activities of the Cooperative Oxford
Laboratory of the National Ocean Service with respect to -
(i) nonindigenous species;
(ii) estuarine and marine species pathology;
(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 which shall ensure that
projects have undergone appropriate peer review and provide other
appropriate means to determine that projects have acceptable
scientific and technical merit for the purpose of achieving
maximum utilization of available funds and resources to benefit
the Chesapeake Bay area;
(6) remain cognizant of ongoing research, monitoring, and
management projects and assist in the dissemination of the
results and findings of those projects; and
(7) submit a biennial report to the Congress and the Secretary
of Commerce with respect to the activities of the Office and on
the progress made in protecting and restoring the living
resources and habitat of the Chesapeake Bay, which report shall
include an action plan consisting of -
(A) a list of recommended research, monitoring, and data
collection activities necessary to continue implementation of
the strategy described in paragraph (2); and
(B) proposals for -
(i) continuing any new National Oceanic and Atmospheric
Administration activities in the Chesapeake Bay; and
(ii) the integration of those activities with the
activities of the partners in the Chesapeake Bay Program to
meet the commitments of the Chesapeake 2000 agreement and
subsequent agreements.
(c) Chesapeake Bay fishery and habitat restoration small watershed
grants program
(1) In general
The Director of the Chesapeake Bay Office of the National
Oceanic and Atmospheric Administration (in this section referred
to as the "Director"), in cooperation with the Chesapeake
Executive Council, shall carry out a community-based fishery and
habitat restoration small grants and technical assistance program
in the Chesapeake Bay watershed.
(2) Projects
(A) Support
The Director shall make grants under this subsection to pay
the Federal share of the cost of projects that are carried out
by entities eligible under paragraph (3) for the restoration of
fisheries and habitats in the Chesapeake Bay.
(B) Federal share
The Federal share under subparagraph (A) shall not exceed 75
percent.
(C) Types of projects
Projects for which grants may be made under this subsection
include -
(i) the improvement of fish passageways;
(ii) the creation of natural or artificial reefs or
substrata for habitats;
(iii) the restoration of wetland or sea grass;
(iv) the production of oysters for restoration projects;
and
(v) the prevention, identification, and control of
nonindigenous species.
(3) Eligible entities
The following entities are eligible to receive grants under
this subsection:
(A) The government of a political subdivision of a State in
the Chesapeake Bay watershed, and the government of the
District of Columbia.
(B) An organization in the Chesapeake Bay watershed (such as
an educational institution or a community organization) -
(i) that is described in section 501(c) of title 26 and is
exempt from taxation under section 501(a) of that title; and
(ii) that will administer such grants in coordination with
a government referred to in subparagraph (A).
(4) Additional requirements
The Director may prescribe any additional requirements,
including procedures, that the Director considers necessary to
carry out the program under this subsection.
(d) Chesapeake Executive Council
For purposes of this section, "Chesapeake Executive Council"
means the representatives from 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 Agreement, and any future signatories to that Agreement.
(e) Authorization of appropriations
There is 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.
-SOURCE-
(Pub. L. 102-567, title III, Sec. 307, Oct. 29, 1992, 106 Stat.
4284; Pub. L. 107-372, title IV, Sec. 401(a), Dec. 19, 2002, 116
Stat. 3096.)
-MISC1-
AMENDMENTS
2002 - Pub. L. 107-372 substituted "Chesapeake Bay Office" for
"Chesapeake Bay Estuarine Resources Office" in section catchline
and amended text generally, substituting provisions establishing
Office, describing functions, establishing habitat restoration
small watershed grants program, and authorizing appropriations, for
provisions establishing Office, describing functions, and requiring
identification of funding request in President's annual budget.
MULTIPLE SPECIES MANAGEMENT STRATEGY
Pub. L. 107-372, title IV, Sec. 401(c), Dec. 19, 2002, 116 Stat.
3099, provided that:
"(1) In general. - Not later than 180 days after the date of
enactment of this Act [Dec. 19, 2002], the Director of the
Chesapeake Bay Office of the National Oceanic and Atmospheric
Administration shall begin a 5-year study, in cooperation with the
scientific community of the Chesapeake Bay, appropriate State and
interstate resource management entities, and appropriate Federal
agencies -
"(A) to determine and expand the understanding of the role and
response of living resources in the Chesapeake Bay ecosystem; and
"(B) to develop a multiple species management strategy for the
Chesapeake Bay.
"(2) Required elements of study. - In order to improve the
understanding necessary for the development of the strategy under
paragraph (1)(B), the study shall -
"(A) determine the current status and trends of fish and
shellfish that live in the Chesapeake Bay and its tributaries and
are selected for study;
"(B) evaluate and assess interactions among the fish and
shellfish referred to in subparagraph (A) and other living
resources, with particular attention to the impact of changes
within and among trophic levels; and
"(C) recommend management actions to optimize the return of a
healthy and balanced ecosystem for the Chesapeake Bay."
-End-
-CITE-
15 USC Sec. 1511e 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1511e. Office of Space Commercialization
-STATUTE-
(a) Establishment
There is established within the the (!1) Department of Commerce
an Office of Space Commercialization (referred to in this section
as the "Office").
(b) Director
The Office shall be headed by a Director, who shall be a senior
executive and shall be compensated at a level in the Senior
Executive Service under section 5382 of title 5 as determined by
the Secretary of Commerce.
(c) Functions of Office; duties of Director
The Office shall be the principal unit for the coordination of
space-related issues, programs, and initiatives within the
Department of Commerce. The primary responsibilities of the
Director, in carrying out the functions of the Office, shall
include -
(1) promoting commercial provider investment in space
activities by collecting, analyzing, and disseminating
information on space markets, and conducting workshops and
seminars to increase awareness of commercial space opportunities;
(2) assisting United States commercial providers in the efforts
of those providers to conduct business with the United States
Government;
(3) acting as an industry advocate within the executive branch
of the Federal Government to ensure that the Federal Government
meets the space-related requirements of the Federal Government,
to the fullest extent feasible, using commercially available
space goods and services;
(4) ensuring that the United States Government does not compete
with United States commercial providers in the provision of space
hardware and services otherwise available from United States
commercial providers;
(5) promoting the export of space-related goods and services;
(6) representing the Department of Commerce in the development
of United States policies and in negotiations with foreign
countries to ensure free and fair trade internationally in the
area of space commerce; and
(7) seeking the removal of legal, policy, and institutional
impediments to space commerce.
-SOURCE-
(Pub. L. 105-309, Sec. 8, Oct. 30, 1998, 112 Stat. 2937; Pub. L.
107-305, Sec. 14, Nov. 27, 2002, 116 Stat. 2380; Pub. L. 108-447,
div. B, title II, Dec. 8, 2004, 118 Stat. 2878.)
-MISC1-
AMENDMENTS
2004 - Subsec. (a). Pub. L. 108-447 struck out "Technology
Administration of" after "within the".
2002 - Subsec. (a). Pub. L. 107-305 inserted "the Technology
Administration of" after "within".
-FOOTNOTE-
(!1) So in original.
-End-
-CITE-
15 USC Sec. 1512 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1512. Powers and duties of Department
-STATUTE-
It shall be the province and duty of said Department to foster,
promote, and develop the foreign and domestic commerce, the mining,
manufacturing, and fishery industries of the United States; and to
this end it shall be vested with jurisdiction and control of the
departments, bureaus, offices, and branches of the public service
hereinafter specified, and with such other powers and duties as may
be prescribed by law.
-SOURCE-
(Feb. 14, 1903, ch. 552, Sec. 3, 32 Stat. 826; Pub. L. 97-31, Sec.
12(7), Aug. 6, 1981, 95 Stat. 154.)
-COD-
CODIFICATION
Section was formerly classified to section 596 of Title 5 prior
to the general revision and enactment of Title 5 by Pub. L. 89-554,
Sept. 6, 1966, 80 Stat. 378.
-MISC1-
AMENDMENTS
1981 - Pub. L. 97-31 struck out references to shipping and
transportation facilities.
-TRANS-
EMERGENCY PREPAREDNESS FUNCTIONS
For assignment of certain emergency preparedness functions to the
Secretary of Commerce, see Parts 1, 2, and 4 of Ex. Ord. No. 12656,
Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195
of Title 42, The Public Health and Welfare.
-EXEC-
EXECUTIVE ORDER NO. 12864
Ex. Ord. No. 12864, Sept. 15, 1993, 58 F.R. 48773, as amended by
Ex. Ord. No. 12890, Dec. 30, 1993, 59 F.R. 499; Ex. Ord. No. 12921,
June 13, 1994, 59 F.R. 30667; Ex. Ord. No. 12970, Sept. 14, 1995,
60 F.R. 48359, which established the United States Advisory Council
on the National Information Infrastructure, was revoked by Ex. Ord.
No. 13062, Sec. 3(d), Sept. 29, 1997, 62 F.R. 51756, formerly set
out as a note under section 14 of the Federal Advisory Committee
Act in the Appendix to Title 5, Government Organization and
Employees.
-End-
-CITE-
15 USC Sec. 1513 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1513. Duties and powers vested in Department
-STATUTE-
All duties performed and all power and authority possessed or
exercised by the head of any executive department in and over any
bureau, office, officer, board, branch, or division of the public
service transferred to the Department of Commerce, or any business
arising therefrom or pertaining thereto, or in relation to the
duties performed by and authority conferred by law upon such
bureau, officer, office, board, branch, or division of the public
service, whether of an appellate or revisory character or
otherwise, shall be vested in and exercised by the Secretary of
Commerce.
-SOURCE-
(Feb. 14, 1903, ch. 552, Sec. 10, 32 Stat. 829.)
-COD-
CODIFICATION
Section was formerly classified to section 599 of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80
Stat. 378.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of Commerce, with certain exceptions, to
Secretary of Commerce, with power to delegate, see Reorg. Plan No.
5 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1263, set out as a note under section 1501 of this title.
-MISC1-
GOVERNMENT INTEREST IN PATENTS
For duties and powers of Secretary of Commerce with respect to
interest of Government in patents, see executive orders set out as
notes under section 266 of Title 35, Patents.
FOREIGN INVESTMENT IN THE UNITED STATES
For functions of Secretary of Commerce respecting collection and
use of data on foreign investment in United States, see Sec. 2 of
Ex. Ord. No. 11858, May 7, 1975, 40 F.R. 20263, set out as a note
under section 78b of this title.
-End-
-CITE-
15 USC Sec. 1513a 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1513a. Cost estimates for National Oceanic and Atmospheric
Administration programs included in Department budget
justification
-STATUTE-
Beginning in fiscal year 2006 and for each fiscal year
thereafter, the Secretary of Commerce shall include in the budget
justification materials that the Secretary submits to Congress in
support of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31) an
estimate for each National Oceanic and Atmospheric Administration
procurement, acquisition and construction program having a total
multiyear program cost of more than $5,000,000 and simultaneously
the budget justification materials shall include an estimate of the
budgetary requirements for each such program for each of the 5
subsequent fiscal years.
-SOURCE-
(Pub. L. 108-447, div. B, title II, Dec. 8, 2004, 118 Stat. 2881.)
-End-
-CITE-
15 USC Sec. 1514 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1514. Basic authority for performance of certain functions and
activities of Department
-STATUTE-
Appropriations are authorized for the following activities of the
Department of Commerce:
(a) furnishing 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 not available and upon request of the service concerned), and
their dependents, in Alaska and other points outside the
continental United States, free emergency medical services by
contract or otherwise and free emergency medical supplies, where
in the judgment of the Secretary furnishing of such supplies and
services is necessary;
(b) when deemed necessary by the Secretary of Commerce,
purchasing, transporting, storing, and distributing food and
other subsistence supplies 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 are not available and upon request
of the service concerned), and their dependents, in Alaska and
other points outside the continental United States at a
reasonable value as determined by the Secretary of Commerce, the
proceeds from such resales to be credited to the appropriation
from which the expenditure was made;
(c) when deemed necessary by the Secretary of Commerce, the
establishment, maintenance, and operation of messing facilities,
by contract or otherwise, in Alaska and other points outside the
continental United States where suitable family facilities are
not available, such service to be furnished 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 are not available and upon request of the
service concerned), and their dependents, in accordance with
regulations established by the Secretary of Commerce, and at a
reasonable value determined in accordance therewith, the proceeds
from the furnishing of such services to be credited to the
appropriation from which the expenditures are made;
(d) reimbursement, under regulations prescribed by the
Secretary, of officers and employees in or under the Department
of Commerce, for food, clothing, medicines, and other supplies
furnished by them in emergencies for the temporary relief of
distressed persons in remote localities;
(e) providing motion-picture equipment and film for recreation
of crews of vessels of the National Ocean Survey, for recreation
of employees in remote localities where such facilities are not
available, and for training purposes;
(f) erecting, altering, repairing, equipping, furnishing, and
maintaining, by contract or otherwise, such living and working
quarters and facilities as may be necessary to carry out its
authorized work at remote localities not on foreign soil where
such living and working accommodations are not otherwise
available.
-SOURCE-
(Oct. 26, 1949, ch. 733, 63 Stat. 907; Aug. 30, 1954, ch. 1076,
Sec. 1(11), 68 Stat. 967; Pub. L. 93-608, Sec. 1(3), Jan. 2, 1975,
88 Stat. 1967.)
-COD-
CODIFICATION
Section was formerly classified to section 596a of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
1966, 80 Stat. 378.
-MISC1-
AMENDMENTS
1975 - Subsec. (b). Pub. L. 93-608 struck out proviso requiring
an annual report to Congress of the total expenditures made for
such supplies and total proceeds from resales.
1954 - Subsec. (c). Act Aug. 30, 1954, struck out proviso
requiring the Secretary of Commerce to submit annually to Congress
a report showing the expenditures for the establishment,
maintenance, and operation of messing facilities in Alaska and
other points outside the continental United States.
-CHANGE-
CHANGE OF NAME
Coast and Geodetic Survey consolidated with National Weather
Bureau in 1965 to form Environmental Science Services
Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30
F.R. 8819, 79 Stat. 1318. Environmental Science Services
Administration abolished in 1970 and its personnel, property,
records, etc., transferred to National Oceanic and Atmospheric
Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35
F.R. 15627, 84 Stat. 2090, set out as a note under section 1511 of
this title. By order of Acting Associate Administrator of National
Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19,
1970, Coast and Geodetic Survey redesignated National Ocean Survey.
See notes under section 311 of this title.
-End-
-CITE-
15 USC Sec. 1515 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1515. Records, etc., of bureaus transferred to Department of
Commerce
-STATUTE-
The official records and papers on file in and pertaining
exclusively to the business of any bureau, office, department, or
branch of the public service transferred to the Department of
Commerce, together with the furniture in use in such bureau,
office, department, or branch of the public service, are
transferred to the Department of Commerce.
-SOURCE-
(Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 826.)
-COD-
CODIFICATION
Section was formerly classified to section 598 of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
1966, 80 Stat. 378.
-CHANGE-
CHANGE OF NAME
Act Mar. 4, 1913, ch. 141, 37 Stat. 736, provided that Department
of Commerce and Labor and Secretary of Commerce and Labor were to
be thereafter called Department of Commerce and Secretary of
Commerce.
-End-
-CITE-
15 USC Sec. 1516 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1516. Statistical information
-STATUTE-
The Secretary of Commerce shall have control of the work of
gathering and distributing statistical information naturally
relating to the subjects confided to his department; and he shall
have the power and authority to rearrange the statistical work of
the bureaus and offices confided to the Department of Commerce, and
to consolidate any of the statistical bureaus and offices above
described. He shall also have authority to call upon other
departments of the Government for statistical data and results
obtained by them; and he may collate, arrange, and publish such
statistical information so obtained in such manner as to him may
seem wise.
-SOURCE-
(Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat. 826.)
-COD-
CODIFICATION
Section was formerly classified to section 601 of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
1966, 80 Stat. 378.
-CHANGE-
CHANGE OF NAME
Act Mar. 4, 1913, ch. 141, 37 Stat. 736, provided that Department
of Commerce and Labor and Secretary of Commerce and Labor were to
be thereafter called Department of Commerce and Secretary of
Commerce.
-End-
-CITE-
15 USC Sec. 1516a 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1516a. Statistics relating to social, health, and economic
conditions of Americans of Spanish origin or descent
-STATUTE-
The Department of Commerce, the Department of Labor, the
Department of Health and Human Services, and the Department of
Agriculture shall each collect, and publish regularly, statistics
which indicate the social, health, and economic condition of
Americans of Spanish origin or descent.
-SOURCE-
(Pub. L. 94-311, Sec. 2, June 16, 1976, 90 Stat. 688; Pub. L.
96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
-CHANGE-
CHANGE OF NAME
"Department of Health and Human Services" substituted for
"Department of Health, Education, and Welfare" pursuant to section
509(b) of Pub. L. 96-88, which is classified to section 3508(b) of
Title 20, Education.
-MISC1-
DEVELOPMENT OF PROGRAM FOR THE COLLECTION, ANALYSIS AND PUBLICATION
OF DATA
Section 3 of Pub. L. 94-311 provided that: "The Director of the
Office of Management and Budget, in cooperation with the Secretary
of Commerce and with the heads of other data-gathering Federal
agencies, shall develop a Government-wide program for the
collection, analysis, and publication of data with respect to
Americans of Spanish origin or descent."
-End-
-CITE-
15 USC Sec. 1517 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1517. Transfer of statistical or scientific work
-STATUTE-
The President is authorized, by order in writing, to transfer at
any time the whole or any part of any office, bureau, division, or
other branch of the public service engaged in statistical or
scientific work, from the Department of State, the Department of
the Treasury, the Department of Defense, the Department of Justice,
the United States Postal Service, or the Department of the
Interior, to the Department of Commerce; and in every such case the
duties and authority performed by and conferred by law upon such
office, bureau, division, or other branch of the public service, or
the part thereof so transferred, shall be thereby transferred with
such office, bureau, division, or other branch of the public
service, or the part thereof which is so transferred. All power and
authority conferred by law, both supervisory and appellate, upon
the department from which such transfer is made, or the Secretary
thereof, in relation to the said office, bureau, division, or other
branch of the public service, or the part thereof so transferred,
shall immediately, when such transfer is so ordered by the
President, be fully conferred upon and vested in the Department of
Commerce, or the Secretary thereof, as the case may be, as to the
whole or part of such office, bureau, division, or other branch of
the public service so transferred.
-SOURCE-
(Feb. 14, 1903, ch. 552, Sec. 12, 32 Stat. 830; July 26, 1947, ch.
343, title II, Sec. 201(a), 61 Stat. 499; Aug. 10, 1949, ch. 412,
Sec. 4, 63 Stat. 579; Pub. L. 91-375, Secs. 4(a), 6(o), Aug. 12,
1970, 84 Stat. 773, 783.)
-COD-
CODIFICATION
Section was formerly classified to section 602 of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
1966, 80 Stat. 378.
-CHANGE-
CHANGE OF NAME
"United States Postal Service" substituted for "Post Office
Department" in text pursuant to Pub. L. 91-375, Secs. 4(a), 6(o),
Aug. 12, 1970, 84 Stat. 773, 783, which are set out as notes
preceding section 101 of Title 39, Postal Service, and under
section 201 of Title 39, respectively, which abolished Post Office
Department, transferred its functions to United States Postal
Service, and provided that references in other laws to Post Office
Department shall be considered a reference to United States Postal
Service.
Department of Defense substituted for Departments of the Army and
Navy by act July 26, 1947, as amended Aug. 10, 1949.
Act Mar. 4, 1913, ch. 141, 37 Stat. 736, provided that Department
of Commerce and Labor and Secretary of Commerce and Labor were to
be thereafter called Department of Commerce and Secretary of
Commerce.
-MISC1-
METEOROLOGICAL SATELLITE (METSAT) AND ASSOCIATED GROUND SYSTEMS;
EXPENDITURE OF FUNDS TO DEVELOP PROPOSALS TO TRANSFER OWNERSHIP TO
PRIVATE ENTITIES PROHIBITED
Pub. L. 98-166, title I, Sec. 101, Nov. 28, 1983, 97 Stat. 1076,
provided that: "No funds made available by this Act, or any other
Act, may be used -
"(1) by the Source Evaluation Board for Civil Space Remote
Sensing as established by the Secretary of Commerce to develop or
issue a request for proposal to transfer the ownership or lease
the use of any meteorological satellite (METSAT) or associated
ground system to any private entity; or
"(2) by the National Oceanic and Atmospheric Administration to
transfer the ownership of any meteorological satellite (METSAT)
or associated ground system to any private entity."
CIVIL LAND REMOTE SENSING SATELLITE SYSTEM; TERMINATION
Pub. L. 98-52, title II, Sec. 202, July 15, 1983, 97 Stat. 285,
as amended by Pub. L. 103-437, Sec. 5(b)(1), Nov. 2, 1994, 108
Stat. 4582, provided that: "Notwithstanding title II of the
National Aeronautics and Space Administration Authorization Act,
1983 [Pub. L. 97-324, set out as a note below], the Secretary of
Commerce shall not transfer the ownership or management of any
civil land, meteorological, or ocean remote sensing space satellite
system and associated ground system equipment unless, in addition
to any other requirement of law -
"(1) the Secretary of Commerce or his designee has presented,
in writing, to the Speaker of the House of Representatives and
the President of the Senate, and to the Committee on Science,
Space, and Technology [now Committee on Science] of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, a comprehensive statement of
recommended policies, procedures, conditions, and limitations to
which any transfer should be subject; and
"(2) the Congress thereafter enacts a law which contains such
policies, procedures, conditions, or limitations (or a
combination thereof) as it deems appropriate for any such
transfer."
Pub. L. 97-324, title II, Sec. 201, Oct. 15, 1982, 96 Stat. 1601,
as amended by Pub. L. 98-365, title VI, Sec. 608, July 17, 1984, 98
Stat. 466; Pub. L. 103-437, Sec. 5(b)(2), Nov. 2, 1994, 108 Stat.
4582, provided that:
"(a) The Secretary of Commerce is authorized to plan and provide
for the management and operation of civil remote-sensing space
systems, which may include the Landsat 4 and 5 satellites and
associated ground system equipment transferred from the National
Aeronautics and Space Administration; to provide for user fees; and
to plan for the transfer of the operation of civil remote-sensing
space systems to the private sector when in the national interest.
"(b)(1) As part of his planning for the transfer of the ownership
and operation of civil operational land remote sensing satellite
systems to the private sector the Secretary shall -
"(A) Conduct a study to define the current, projected, and
potential needs of the government for land remote sensing data.
"(B) Determine and describe the equipment, software, and data
inventory that could be transferred to the private sector.
"(C) Compare various feasible financial and organizational
approaches for such a transfer. Criteria for the comparison
should include considerations such as: maintenance of data
continuity; maintenance of United States leadership; national
security; international obligations; potential for market growth;
marketing ability; sunk and projected cost to the Government;
independence of subsidy or financial guarantee from the
Government; potential of financial return to the Government; and
price of data to users. The following institutional alternatives
should be compared: (i) wholly private ownership and operation of
the system by an entity competitively selected; (ii) phased-in
Government/private ownership and operation; (iii) a legislatively
chartered privately owned corporation; and (iv) continued
ownership and operation by the Federal Government.
The Secretary shall complete these studies and report on them to
the Congress by February 1, 1983.
"(2) In addition to the studies and comparisons called for in
section 201(b)(1) the Secretary shall fund at least two parallel
studies outside the government independently to assess the
alternatives called for in section 201(b)(1)(C). These studies
should be submitted to the Congress by April 1, 1983.
"(c) There is authorized to be appropriated $14,955,000 for the
fiscal year 1983, for the purpose of carrying out the provisions of
this title [this note].
"(d) No moneys authorized by this title [this note] shall be used
to transfer to the private sector the ownership or management of
any civil land remote sensing space satellite system and associated
ground system equipment unless (A) a period of thirty days has
passed after the receipt by the Speaker of the House of
Representatives, the President of the Senate, the House Committee
on Science, Space, and Technology [now Committee on Science], and
the Senate Committee on Commerce, Science, and Transportation, of a
message from the Secretary of Commerce or his designee containing a
full and complete plan for the action proposed to be taken together
with the reasons therefor and expected funding impacts, or (B) each
such committee before the expiration of such period has transmitted
to the Secretary written notice to the effect that such committee
has no objection to the proposed action."
-EXEC-
EX. ORD. NO. 11564. TRANSFER OF CERTAIN PROGRAMS AND ACTIVITIES TO
SECRETARY OF COMMERCE
Ex. Ord. No. 11564, Oct. 6, 1970, 35 F.R. 15801, provided:
By virtue of the authority vested in me by section 12 of the Act
of February 14, 1903, as amended (15 U.S.C. 1517) [this section]
and section 12(d) of the Act of October 15, 1966 (49 U.S.C. 1651
note), as President of the United States, and in further
implementation of Reorganization Plan No. 4 of 1970 [set out as a
note under section 1511 of this title] transferring certain
functions to the Secretary of Commerce and establishing the
National Oceanic and Atmospheric Administration in the Department
of Commerce, it is ordered as follows:
Section 1. (a) The following programs and activities are hereby
transferred to the Secretary of Commerce:
(1) The National Oceanographic Instrumentation Center of the
Department of the Navy, Department of Defense.
(2) The National Oceanographic Data Center of the Department of
the Navy, Department of Defense.
(3) The Ocean Station Vessel Meteorological Program of the
Department of the Navy, Department of Defense.
(4) The Trust Territories Upper Air Observation Program of the
Department of the Navy, Department of Defense.
(5) The Hydroclimatic Network Program of the Corps of Engineers
of the Department of the Army, Department of Defense.
(6) The National Data Buoy Development Project of the Coast
Guard, Department of Transportation.
(b) All of the power and authority of the transferor Departments
conferred by law which is related to or incidental to, in support
of, or necessary for, the operation of the programs and activities
transferred by subsection (a) above, may be utilized by the
Secretary of Commerce for the operation of those programs and
activities.
Sec. 2. (a) Such personnel and positions and so much of the
property, records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, authorized,
affected, available, or to be made available in connection with the
operation of the programs and activities transferred by section 1
hereof from the Department of Defense and the Department of
Transportation as the Director of the Office of Management and
Budget shall determine shall be transferred from those Departments
to the Department of Commerce at such time or times as the Director
shall direct.
(b) Subject to the direction of the Director of the Office of
Management and Budget, the appropriate officers of the Government
shall make necessary administrative arrangements for the assumption
by the Secretary of Commerce of the programs and activities so
transferred.
Richard Nixon.
-End-
-CITE-
15 USC Sec. 1518 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1518. Custody of buildings; officers transferred
-STATUTE-
The Secretary of Commerce shall have charge, in the buildings or
premises occupied by or appropriated to the Department of Commerce,
of the library, furniture, fixtures, records, and other property
pertaining to it or acquired for use in its business; and he shall
be allowed to expend for periodicals and the purposes of the
library, and for the rental of appropriate quarters for the
accommodation of the Department of Commerce within the District of
Columbia, and for all other incidental expenses, such sums as
Congress may provide from time to time. Where any office, bureau,
or branch of the public service transferred to the Department of
Commerce is occupying rented buildings or premises, it may still
continue to do so until other suitable quarters are provided for
its use. All officers, clerks, and employees employed on February
14, 1903, in or by any of the bureaus, offices, departments, or
branches of the public service transferred to the Department of
Commerce are each and all transferred to said department, except
where otherwise provided by law. All laws prescribing the work and
defining the duties of the several bureaus, offices, departments,
or branches of the public service transferred to and made a part of
the Department of Commerce shall, so far as the same are not in
conflict with the provisions of this Act, remain in full force and
effect until otherwise provided by law.
-SOURCE-
(Feb. 14, 1903, ch. 552, Sec. 9, 32 Stat. 829.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is act Feb. 14, 1903, ch. 552, 32
Stat. 825, as amended, which is classified to sections 175, 1501,
1504, 1510, 1511, 1512, 1513, 1515, 1516, 1517 to 1519 of this
title.
-COD-
CODIFICATION
Section was formerly classified to section 603 of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
1966, 80 Stat. 378.
-CHANGE-
CHANGE OF NAME
Act Mar. 4, 1913, ch. 141, 37 Stat. 736, provided that Department
of Commerce and Labor and Secretary of Commerce and Labor were to
be thereafter called Department of Commerce and Secretary of
Commerce.
-End-
-CITE-
15 USC Sec. 1519 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1519. Annual and special reports
-STATUTE-
The Secretary of Commerce shall annually, at the close of each
fiscal year, make a report in writing 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
fostering, promoting, and developing the foreign and domestic
commerce, the mining, manufacturing, and fishery industries; of the
United States, and making such recommendations as he shall deem
necessary for the effective performance of the duties and purposes
of the Department. He shall also from time to time make such
special investigations and reports as he may be required to do by
the President, or by either House of Congress, or which he himself
may deem necessary and urgent.
-SOURCE-
(Feb. 14, 1903, ch. 552, Sec. 8, 32 Stat. 829; Pub. L. 97-31, Sec.
12(7), Aug. 6, 1981, 95 Stat. 154.)
-COD-
CODIFICATION
Section was formerly classified to section 604 of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
1966, 80 Stat. 378.
-MISC1-
AMENDMENTS
1981 - Pub. L. 97-31 struck out references to shipping and
transportation facilities.
-CHANGE-
CHANGE OF NAME
Act Mar. 4, 1913, ch. 141, 37 Stat. 736, provided that Department
of Commerce and Labor and Secretary of Commerce and Labor were to
be thereafter called Department of Commerce and Secretary of
Commerce.
-End-
-CITE-
15 USC Sec. 1519a 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1519a. Repealed. Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96
Stat. 2443
-MISC1-
Section, Pub. L. 96-371, Sec. 2, Oct. 3, 1980, 94 Stat. 1362;
Pub. L. 97-31, Sec. 12(8), Aug. 6, 1981, 95 Stat. 154, required an
annual report to Congress by the Secretary of Transportation
respecting conditions of the public ports of the United States. See
section 308(c) of Title 49, Transportation.
-End-
-CITE-
15 USC Sec. 1520 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1520. Repealed. Pub. L. 91-412, Sec. 3(d), Sept. 25, 1970, 84
Stat. 864
-MISC1-
Section, act Dec. 19, 1942, ch. 780, 56 Stat. 1067, authorized
Secretary of Commerce to establish schedule of fees or charges for
services or publications furnished by Department of Commerce,
excepting Federal and State governments, provided for covering
proceeds thereof into the Treasury as miscellaneous receipts, and
specified that its provisions shall not alter, amend, modify, or
repeal any existing law for prescription of fees or charges. See
sections 1525 to 1527 of this title.
-End-
-CITE-
15 USC Sec. 1521 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1521. Working capital fund; establishment; amount; uses;
reimbursement
-STATUTE-
There is established a working capital fund of $100,000, without
fiscal year limitation, for the payment of salaries and other
expenses necessary to the maintenance and operation of (1) central
duplicating, photographic, drafting, and photostating services and
(2) such other services as the Secretary, with the approval of the
Director of the Office of Management and Budget, determines may be
performed more advantageously as central services; said fund to be
reimbursed from applicable funds of bureaus, offices, and agencies
for which services are performed on the basis of rates which shall
include estimated or actual charges for personal services,
materials, equipment (including maintenance, repairs, and
depreciation) and other expenses: Provided, That such central
services shall, to the fullest extent practicable, be used to make
unnecessary the maintenance of separate like services in the
bureaus, offices, and agencies of the Department: Provided further,
That a separate schedule of expenditures and reimbursements, and a
statement of the current assets and liabilities of the working
capital fund as of the close of the last completed fiscal year,
shall be included in the annual Budget.
-SOURCE-
(June 28, 1944, ch. 294, title III, Sec. 301, 58 Stat. 415; 1970
Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84
Stat. 2085.)
-COD-
CODIFICATION
Section was formerly classified to section 607 of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
1966, 80 Stat. 378.
-TRANS-
TRANSFER OF FUNCTIONS
Functions vested by law (including reorganization plan) in Bureau
of the Budget or Director of Bureau of the Budget transferred to
President by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1,
1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title
5, Government Organization and Employees. Section 102 of Reorg.
Plan No. 2 of 1970 redesignated Bureau of the Budget as Office of
Management and Budget.
-End-
-CITE-
15 USC Sec. 1522 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1522. Acceptance of gifts and bequests for purposes of the
Department; separate fund; disbursements
-STATUTE-
The Secretary of Commerce is hereby authorized to accept, hold,
administer, and utilize gifts and bequests of property, both real
and personal, for the purpose of aiding or facilitating the work of
the Department of Commerce. Gifts and bequests of money and the
proceeds from sales of other property received as gifts or bequests
shall be deposited in the Treasury in a separate fund and shall be
disbursed upon order of the Secretary of Commerce. Property
accepted pursuant to this provision, and the proceeds thereof,
shall be used as nearly as possible in accordance with the terms of
the gift or bequest.
-SOURCE-
(Pub. L. 88-611, Sec. 1, Oct. 2, 1964, 78 Stat. 991.)
-COD-
CODIFICATION
Section was formerly classified to section 608a of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
1966, 80 Stat. 378.
-TRANS-
TRANSFER OF FUNDS
Section 4(b) of Pub. L. 88-611 provided that: "All gifts and
bequests received under the provisions of law repealed by
subsection (a) of this section [which repealed section 278a of this
title, section 883g of Title 33, Navigation and Navigable Waters,
and section 1126(g) of former Title 46, Shipping] and all funds
held on the date of enactment of this Act [Oct. 2, 1964] in the
United States Merchant Marine Academy general gift fund,
established by subsection (g) of section 216 of the Merchant Marine
Act, 1936 [section 1126(g) of former Title 46], shall be
transferred to the fund authorized by this Act [sections 1522 to
1524 of this title] and shall be administered in accordance with
the provisions of this Act [sections 1522 to 1524 of this title]."
-End-
-CITE-
15 USC Sec. 1523 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1523. Tax status of gifts and bequests of property
-STATUTE-
For the purpose of Federal income, estate, and gift taxes,
property accepted under section 1522 of this title shall be
considered as a gift or bequest to or for the use of the United
States.
-SOURCE-
(Pub. L. 88-611, Sec. 2, Oct. 2, 1964, 78 Stat. 991.)
-COD-
CODIFICATION
Section was formerly classified to section 608b of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
1966, 80 Stat. 378.
-End-
-CITE-
15 USC Sec. 1524 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1524. Investment and reinvestments of moneys; credit and
disbursement of interest
-STATUTE-
Upon the request of the Secretary of Commerce, the Secretary of
the Treasury may invest and reinvest in securities of the United
States or in securities guaranteed as to principal and interest by
the United States any moneys contained in the fund authorized
herein. Income accruing from such securities, and from any other
property accepted pursuant to section 1522 of this title, shall be
deposited to the credit of the fund authorized herein, and shall be
disbursed upon order of the Secretary of Commerce.
-SOURCE-
(Pub. L. 88-611, Sec. 3, Oct. 2, 1964, 78 Stat. 991.)
-COD-
CODIFICATION
Section was formerly classified to section 608c of Title 5 prior
to the general revision and enactment of Title 5, Government
Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6,
1966, 80 Stat. 378.
-End-
-CITE-
15 USC Sec. 1525 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1525. Special studies; special compilations, lists, bulletins,
or reports; clearinghouse for technical information; transcripts
or copies; cost payments for special work; joint projects: cost
apportionment, waiver
-STATUTE-
The Secretary of Commerce is authorized, upon the request of any
person, firm, organization, or others, public or private, to make
special studies on matters within the authority of the Department
of Commerce; to prepare from its records special compilations,
lists, bulletins, or reports; to perform the functions authorized
by section 1152 of this title; and to furnish transcripts or copies
of its studies, compilations, and other records; upon the payment
of the actual or estimated cost of such special work.
In the case of nonprofit organizations, research organizations,
or public organizations or agencies, the Secretary may engage in
joint projects, or perform services, on matters of mutual interest,
the cost of which shall be apportioned equitably, as determined by
the Secretary, who may, however, waive payment of any portion of
such costs by others, when authorized to do so under regulations
approved by the Office of Management and Budget.
-SOURCE-
(Pub. L. 91-412, Sec. 1, Sept. 25, 1970, 84 Stat. 864; 1970 Reorg.
Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat.
2085.)
-TRANS-
TRANSFER OF FUNCTIONS
Functions vested by law (including reorganization plan) in Bureau
of the Budget or Director of Bureau of the Budget transferred to
President by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1,
1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title
5, Government Organization and Employees. Section 102 of Reorg.
Plan No. 2 of 1970 redesignated Bureau of the Budget as Office of
Management and Budget.
-End-
-CITE-
15 USC Sec. 1526 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1526. Receipts for work or services; deposit in special
accounts; availability for payment of costs, repayment or
advances to appropriations or funds, refunds, credits to working
capital funds; appropriation limitation of annual expenditures
from accounts
-STATUTE-
All payments for work or services performed or to be performed
under this Act shall be deposited in a separate account or accounts
which may be used to pay directly the costs of such work or
services, to repay or make advances to appropriations or funds
which do or will initially bear all or part of such costs, or to
refund excess sums when necessary: Provided, That said receipts may
be credited to a working capital fund otherwise established by law,
and used under the law governing said funds, if the fund is
available for use by the agency of the Department of Commerce which
is responsible for performing the work or services for which
payment is received. Acts appropriating funds to the Department of
Commerce may include provisions limiting annual expenditure from
said account or accounts.
-SOURCE-
(Pub. L. 91-412, Sec. 2, Sept. 25, 1970, 84 Stat. 864.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 91-412, which
enacted sections 1525 to 1527, amended section 1153, and repealed
sections 189, 189a, 192, 192a, 1153a, and 1520 of this title.
-End-
-CITE-
15 USC Sec. 1527 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1527. Fees or charges for services or publications under
existing law unaffected
-STATUTE-
Except as to those laws expressly repealed herein, nothing in
this Act shall alter, amend, modify, or repeal any existing law
prescribing fees or charges or authorizing the prescribing of fees
or charges for services performed or for any publication furnished
by the Department of Commerce, or any of its several bureaus or
offices.
-SOURCE-
(Pub. L. 91-412, Sec. 4, Sept. 25, 1970, 84 Stat. 865.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 91-412, which
enacted sections 1525 to 1527, amended section 1153, and repealed
sections 189, 189a, 192, 192a, 1153a, and 1520 of this title.
Laws expressly repealed herein, referred to in text, means
amendment of section 1153 and repeal of sections 189, 189a, 192,
192a, 1153a, and 1520 of this title, as heretofore noted.
-End-
-CITE-
15 USC Sec. 1527a 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1527a. Economics and Statistics Administration Revolving Fund
-STATUTE-
There is hereby established the Economics and Statistics
Administration Revolving Fund which shall be available without
fiscal year limitation. For initial capitalization, there is
appropriated $1,677,000 to the Fund: Provided, That the Secretary
of Commerce is authorized to disseminate economic and statistical
data products as authorized by sections 1525 to 1527 of this title
and, notwithstanding section 4912 of this title, charge fees
necessary to recover the full costs incurred in their production.
Notwithstanding section 3302 of title 31, receipts received from
these data dissemination activities shall be credited to this
account as offsetting collections, to be available for carrying out
these purposes without further appropriation.
-SOURCE-
(Pub. L. 103-317, title II, Aug. 26, 1994, 108 Stat. 1744.)
-MISC1-
DISSEMINATION OF ECONOMIC AND STATISTICAL DATA PRODUCTS; FEES
Pub. L. 105-119, title II, Nov. 26, 1997, 111 Stat. 2474,
provided in part that: "The Secretary of Commerce is authorized to
disseminate economic and statistical data products as authorized by
sections 1, 2, and 4 of Public Law 91-412 (15 U.S.C. 1525-1527)
and, notwithstanding section 5412 of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4912), charge fees necessary
to recover the full costs incurred in their production.
Notwithstanding 31 U.S.C. 3302, receipts received from these data
dissemination activities shall be credited to this account, to be
available for carrying out these purposes without further
appropriation."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II], Sept.
30, 1996, 110 Stat. 3009, 3009-34.
Pub. L. 104-134, title I, Sec. 101[(a)] [title II], Apr. 26,
1996, 110 Stat. 1321, 1321-25; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
-End-
-CITE-
15 USC Sec. 1528 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1528. Transferred
-COD-
CODIFICATION
Section, act Feb. 28, 1920, ch. 91, Sec. 500, 41 Stat. 499; 1939
Reorg. Plan No. II, Sec. 6, eff. July 1, 1939, 4 F.R. 2732, 53
Stat. 1434; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(9), 95 Stat. 154,
relating to a policy of development of water transportation, was
transferred to section 142 of former Title 49, Transportation, and
was repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat.
1379, and reenacted by section 4(j)(6)(A) thereof as section 303a
of Title 49, Transportation.
-End-
-CITE-
15 USC Sec. 1529 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1529. Relinquishment of legislative jurisdiction over certain
lands
-STATUTE-
Notwithstanding any other law, the Secretary of Commerce,
whenever the Secretary considers it desirable, may relinquish to a
State, or to a Commonwealth, territory, or possession of the United
States, all or part of the legislative jurisdiction of the United
States over lands or interests under the Secretary's control in
that State, Commonwealth, territory, or possession. Relinquishment
of legislative jurisdiction under this section may be accomplished
-
(1) by filing with the Governor (or, if none exists, with the
chief executive officer) of the State, Commonwealth, territory,
or possession concerned a notice of relinquishment to take effect
upon acceptance of the notice; or
(2) as required by the laws of the State, Commonwealth,
territory, or possession.
-SOURCE-
(Pub. L. 98-623, title IV, Sec. 406, Nov. 8, 1984, 98 Stat. 3409.)
-End-
-CITE-
15 USC Sec. 1530 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1530. Awarding of contracts for performance of commercial
activity by National Oceanic and Atmospheric Administration
-STATUTE-
The Administration may not award any contract for the performance
of any "commercial activity", as defined by paragraph 6.a. of the
Office of Management and Budget Circular Memorandum A-76, which is
performed by Administration employees until at least 30 calendar
days after the Administrator of the Administration has presented,
in writing, to the President of the Senate, the Speaker of the
House of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Merchant Marine
and Fisheries and the Committee on Science, Space, and Technology
of the House of Representatives, a full and complete description of
such proposed contract, together with supporting documentation.
Such documentation shall include -
(1) a comparison of the cost of such activity as performed by
employees of the Administration and the cost of such activity as
performed under the proposed contract;
(2) a comparison of the services performed by employees of the
Administration and the services to be performed under the
proposed contract; and
(3) an assessment of the benefits to the Federal Government of
proceeding with the proposed contract.
-SOURCE-
(Pub. L. 99-272, title VI, Sec. 6083, Apr. 7, 1986, 100 Stat. 135;
Pub. L. 103-437, Sec. 5(b)(3), Nov. 2, 1994, 108 Stat. 4582.)
-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 in introductory provisions substituted
"Committee on Science, Space, and Technology" for "Committee on
Science and Technology" before "of the House".
-CHANGE-
CHANGE OF NAME
Committee on Science, Space, and Technology of House of
Representatives treated as referring to Committee on Science of
House of Representatives by section 1(a) of Pub. L. 104-14, set out
as a note preceding section 21 of Title 2, The Congress.
-TRANS-
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
treatment of references to Committee on Merchant Marine and
Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
-End-
-CITE-
15 USC Sec. 1531 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1531. Buying Power Maintenance accounts for International
Trade Administration, Export Administration, and United States
Travel and Tourism Administration
-STATUTE-
In order to maintain overseas program activity for the Department
of Commerce provided for each fiscal year at the appropriated
program levels, the Secretary may establish Buying Power
Maintenance accounts for the International Trade Administration,
the Export Administration, and the United States Travel and Tourism
Administration. There are authorized to be appropriated for such
accounts such sums as may be necessary to offset adverse
fluctuations in foreign currency exchange rates, or unbudgeted
overseas wage and price changes. To eliminate substantial gains to
the approved levels of overseas operations, the Secretary shall
transfer to a Buying Power Maintenance account such amounts
determined to be excessive to the needs of the approved level of
overseas operations because of fluctuations in foreign currency
exchange rates or changes in unbudgeted overseas wages and prices,
including unobligated balances associated with the overseas
program. To offset adverse fluctuations in foreign currency
exchange rates or unbudgeted overseas wage and price changes, the
Secretary may transfer from a Buying Power Maintenance account such
amounts determined to be necessary to maintain the approved level
of overseas operations under an appropriation account. Funds
transferred by the Secretary to or from a Buying Power Maintenance
account to another account shall be merged with and be available
for the same purpose, and for the same time period, as the funds in
the account into which transferred. Any restriction contained in an
appropriation Act or other provision of law limiting the amounts
available for the Department of Commerce that may be obligated or
expended shall be deemed to be adjusted to the extent necessary to
offset the net effect of fluctuations in foreign currency exchange
rates or unbudgeted overseas wage and price changes in order to
maintain approved levels.
-SOURCE-
(Pub. L. 100-202, Sec. 101(a) [title I, Sec. 108], Dec. 22, 1987,
101 Stat. 1329, 1329-7.)
-End-
-CITE-
15 USC Sec. 1532 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1532. Telecommunications; electromagnetic radiation; research,
analysis, dissemination of information; other functions of
Secretary
-STATUTE-
The Secretary of Commerce is authorized to -
(1) conduct research on all of the telecommunications sciences,
including wave propagation and reception, the conditions which
affect electromagnetic wave propagation and reception,
electromagnetic noise and interference, radio system
characteristics, operating techniques affecting the use of the
electromagnetic spectrum, and methods for improving the use of
the electromagnetic spectrum for telecommunications purposes;
(2) prepare and issue predictions of electromagnetic wave
propagation conditions and warnings of disturbances in such
conditions;
(3) investigate conditions which affect the transmission of
radio waves from their source to a receiver and the compilation
and distribution of information on such transmission of radio
waves as a basis for choice of frequencies to be used in radio
operations;
(4) conduct research and analysis in the general field of
telecommunications sciences in support of assigned functions and
in support of other Government agencies;
(5) investigate nonionizing electromagnetic radiation and its
uses, as well as methods and procedures for measuring and
assessing electromagnetic environments, for the purpose of
developing and coordinating policies and procedures affecting
Federal Government use of the electromagnetic spectrum for
telecommunications purposes;
(6) compile, evaluate, publish, and otherwise disseminate
general scientific and technical data resulting from the
performance of the functions specified in this section or from
other sources when such data are important to science,
engineering, or industry, or to the general public, and are not
available elsewhere; and
(7) undertake such other activities similar to those specified
in this subsection as the Secretary of Commerce determines
appropriate.
-SOURCE-
(Pub. L. 100-418, title V, Sec. 5112(b), Aug. 23, 1988, 102 Stat.
1430.)
-End-
-CITE-
15 USC Sec. 1533 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1533. Commerce, Science, and Technology Fellowship Program
-STATUTE-
There is established within the Department of Commerce a
Commerce, Science, and Technology Fellowship Program with the
stated purpose of providing a select group of employees of the
executive branch of the Government with the opportunity of learning
how the legislative branch and other parts of the executive branch
function through work experiences of up to one year. The Secretary
of Commerce shall report to the Congress within six months after
August 23, 1988, on the Department of Commerce's plans for
implementing such Program by March 31, 1989.
-SOURCE-
(Pub. L. 100-418, title V, Sec. 5163(d), Aug. 23, 1988, 102 Stat.
1451.)
-End-
-CITE-
15 USC Sec. 1534 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1534. Assessment of fees for access to environmental data
-STATUTE-
(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; waiver of fees in cases of foreign
governments and international organizations
(1) The Secretary shall provide data, information, and products
described in subsection (a) of this section to Federal, State, and
local government agencies, to universities, and to other nonprofit
institutions at the cost of reproduction and transmission, if such
data, information, and products are to be used for research and not
for commercial purposes.
(2) The Secretary shall waive the assessment of fees under
subsection (a) of this section as necessary to continue to provide
data, information, or products to foreign governments and
international organizations on a basis of exchanging such data,
information, and products or as otherwise provided by international
agreement.
(3) The Secretary shall waive the assessment of fees authorized
by subsection (a) of this section as necessary to continue to
provide weather warnings, watches, and similar products and
services essential to the mission of the National Oceanic
Atmospheric (!1) Administration.
(c) Publication of fee schedules in Federal Register; initial
schedule effective for three-year period
The initial schedule of any fees assessed under this section, and
any subsequent amendment to such schedule, shall be published by
the Secretary in the Federal Register at least 30 days before such
fees will take effect. The initial schedule shall remain in effect
without amendment for the three-year period beginning on the date
that fees under the schedule take effect.
(d) Effective date of assessments; progressive increments
Any assessment of fees under this section by the National
Environmental Satellite, Data, and Information Service for archived
data shall meet the following requirements:
(1) The initial schedule of fees established by the National
Environmental Satellite, Data, and Information Service for
archived data shall remain in effect for the 3-year period
beginning on the date that the fees under that schedule take
effect.
(2) With respect to the first one-year period during which the
initial fee schedule is in effect, fees shall be assessed at no
more than one-third of the fair market value specified in
subsection (a) of this section.
(3) With respect to the second one-year period during which the
initial fee schedule is in effect, fees shall be assessed at not
more than two-thirds of such fair market value.
(4) With respect to the third one-year period during which the
initial fee schedule is in effect, and with respect to any period
thereafter, fees shall be assessed at no more than the full
amount of such fair market value.
(e) Data archive center operations; availability of fees for
expenses of centers
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 expenses incurred in the operation of its
data archive centers.
(f) Report 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 which sets
forth -
(1) any plan of the Secretary for assessing fees under this
section by the National Environmental Satellite, Data, and
Information Service for archived data, including the methodology
and bases by which the amount of such fees shall be determined,
and the estimated revenues therefrom; and
(2) any plan of the Secretary for using revenues generated from
such fees, as well as other resources, to improve the capability
of the National Environmental Satellite, Data, and Information
Service to collect, manage, process, archive, and disseminate the
increasing amounts of data generated from satellites, radars, and
other technologies.
(g) Other assessment authorities unaffected
The authority of the Secretary to assess fees under this section
shall be in addition to, and shall not be construed to limit, the
authority under any other law to assess fees relating to the
environmental data activities of the National Oceanic and
Atmospheric Administration, including the authority of the
Secretary pursuant to section 1307 of title 44. Nothing in this
section shall be construed to authorize the Secretary to assess
fees for nautical and aeronautical products of the National Oceanic
and Atmospheric Administration in addition to those fees authorized
under section 1307 of title 44.
-SOURCE-
(Pub. L. 100-685, title IV, Sec. 409, Nov. 17, 1988, 102 Stat.
4100; Pub. L. 101-508, title X, Sec. 10201(a), Nov. 5, 1990, 104
Stat. 1388-392.)
-MISC1-
AMENDMENTS
1990 - Subsec. (a). Pub. L. 101-508, Sec. 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 Information Service of the National Oceanic
and Atmospheric Administration".
Subsec. (b)(1). Pub. L. 101-508, Sec. 10201(a)(2), inserted ",
information, and products" after "provide data" and substituted
"data, information, and products are" for "data is".
Subsec. (b)(2). Pub. L. 101-508, Sec. 10201(a)(3), inserted ",
information, or products" after "provide data" and substituted
"basis of exchanging such data, information, and products" for
"data exchange basis".
Subsec. (b)(3). Pub. L. 101-508, Sec. 10201(a)(4), added par.
(3).
Subsec. (d). Pub. L. 101-508, Sec. 10201(a)(6), inserted "by the
National Environmental Satellite, Data, and Information Service for
archived data" after "under this section" in introductory
provisions.
Subsec. (d)(1). Pub. L. 101-508, Sec. 10201(a)(5), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: "No
fees shall be assessed under this section until after September 30,
1989."
Subsecs. (e), (f)(1). Pub. L. 101-508, Sec. 10201(a)(6), inserted
"by the National Environmental Satellite, Data, and Information
Service for archived data" after "under this section".
Subsec. (g). Pub. L. 101-508, Sec. 10201(a)(7), inserted before
period at end ", including the authority of the Secretary pursuant
to section 1307 of title 44. Nothing in this section shall be
construed to authorize the Secretary to assess fees for nautical
and aeronautical products of the National Oceanic and Atmospheric
Administration in addition to those fees authorized under section
1307 of title 44".
-CHANGE-
CHANGE OF NAME
Committee on Science, Space, and Technology of House of
Representatives treated as referring to Committee on Science of
House of Representatives by section 1(a) of Pub. L. 104-14, set out
as a note preceding section 21 of Title 2, The Congress.
-MISC2-
EFFECT OF AMENDMENTS
Section 10201(b) of Pub. L. 101-508 provided that:
"(1) The increase in revenues to the United States attributable
to the amendments made by subsection (a) [amending this section]
shall not exceed -
"(A) $2,000,000 for each of the fiscal years 1991, 1992, and
1993; and
"(B) $3,000,000 for each of the fiscal years 1994 and 1995.
"(2) Increases in revenues to the United States described in
paragraph (1) shall be achieved by the Secretary of Commerce
through fair and equitable increases in fees for services offered
by the various programs of the National Oceanic and Atmospheric
Administration.
"(3) The Secretary of Commerce shall notify the Congress of any
changes in fee schedules under section 409 of the Act of November
17, 1988 (15 U.S.C. 1534), before such changes take effect."
-FOOTNOTE-
(!1) So in original. Probably should be preceded by "and".
-End-
-CITE-
15 USC Sec. 1535 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1535. Office of Space Commerce; report of activities
-STATUTE-
Commencing in fiscal year 1992, and every fiscal year thereafter,
the Secretary of Commerce shall 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 of the activities of the Office of Space
Commerce, including planned programs and expenditures.
-SOURCE-
(Pub. L. 101-611, title I, Sec. 115(b), Nov. 16, 1990, 104 Stat.
3201.)
-CHANGE-
CHANGE OF NAME
Committee on Science, Space, and Technology of House of
Representatives treated as referring to Committee on Science of
House of Representatives by section 1(a) of Pub. L. 104-14, set out
as a note preceding section 21 of Title 2, The Congress.
-End-
-CITE-
15 USC Sec. 1536 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1536. Prohibition against fraudulent use of "Made in America"
labels
-STATUTE-
If it has been finally determined by a court or a Federal agency
that any person intentionally affixed a label bearing a "Made in
America" inscription, or an inscription with the same meaning, to
any product sold in or shipped to the United States that is not
made in the United States, that person shall be ineligible to
receive any contract or subcontract from the Department of
Commerce, pursuant to the debarment, suspension, and ineligibility
procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal
Regulations.
-SOURCE-
(Pub. L. 102-245, title I, Sec. 111(b), Feb. 14, 1992, 106 Stat.
14.)
-End-
-CITE-
15 USC Sec. 1537 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1537. Needs assessment for data management, archival, and
distribution
-STATUTE-
(1) Not later than 12 months after October 29, 1992, and at least
biennially thereafter, the Secretary of Commerce shall complete an
assessment of the adequacy of the environmental data and
information systems of the National Oceanic and Atmospheric
Administration. In conducting such an assessment, the Secretary
shall take into consideration the need to -
(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
appropriate departments and agencies;
(B) establish, develop, and maintain information bases,
including necessary management systems, which will promote
consistent, efficient, and compatible transfer and use of data;
(C) develop effective interfaces among the environmental data
and information systems of the National Oceanic and Atmospheric
Administration and other appropriate departments and agencies;
(D) develop and use nationally accepted formats and standards
for data collected by various national and international sources;
and
(E) integrate and interpret data from different sources to
produce information that can be used by decisionmakers in
developing policies that effectively respond to national and
global environmental concerns.
(2) Not later than 12 months after October 29, 1992, and
biennially 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 the
assessment under paragraph (1), to modernize and improve the
environmental data and information systems of the National Oceanic
and Atmospheric Administration. The report shall -
(A) set forth modernization and improvement objectives for the
10-year period beginning with the year in which the plan is
submitted, including facility requirements and critical new
technological components that would be necessary to meet the
objectives set forth;
(B) propose specific agency programs and activities for
implementing the plan;
(C) identify the data and information management, archival, and
distribution responsibilities of the National Oceanic and
Atmospheric Administration with respect to other Federal
departments and agencies and international organizations,
including the role of the National Oceanic and Atmospheric
Administration with respect to large data systems like the Earth
Observing System Data and Information System; and
(D) provide an implementation schedule and estimate funding
levels necessary to achieve modernization and improvement
objectives.
-SOURCE-
(Pub. L. 102-567, title I, Sec. 106(c), Oct. 29, 1992, 106 Stat.
4274.)
-CHANGE-
CHANGE OF NAME
Committee on Science, Space, and Technology of House of
Representatives treated as referring to Committee on Science of
House of Representatives by section 1(a) of Pub. L. 104-14, set out
as a note preceding section 21 of Title 2, The Congress.
-End-
-CITE-
15 USC Sec. 1538 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1538. Notice of reprogramming
-STATUTE-
(a) In general
The Secretary of Commerce shall provide notice to the Committee
on Commerce, Science, and Transportation and Committee on
Appropriations of the Senate and to the Committee on Merchant
Marine and Fisheries, Committee on Science, Space, and Technology,
and Committee on Appropriations of the House of Representatives,
not less than 15 days before reprogramming funds available for a
program, project, or activity of the National Oceanic and
Atmospheric Administration in an amount greater than the lesser of
$250,000 or 5 percent of the total funding of such program,
project, or activity if the reprogramming -
(1) augments an existing program, project, or activity;
(2) reduces by 5 percent or more (A) the funding for an
existing program, project, or activity or (B) the numbers of
personnel therefor as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in an existing program,
project, or activity.
(b) Notice of reorganization
The Secretary of Commerce shall provide notice to the Committees
on Merchant Marine and Fisheries, Science, Space, and Technology,
and Appropriations of the House of Representatives, and the
Committees on Commerce, Science, and Transportation and
Appropriations of the Senate not later than 15 days before any
major reorganization of any program, project, or activity of the
National Oceanic and Atmospheric Administration.
-SOURCE-
(Pub. L. 102-567, title IV, Sec. 403, Oct. 29, 1992, 106 Stat.
4291.)
-CHANGE-
CHANGE OF NAME
Committee on Science, Space, and Technology of House of
Representatives treated as referring to Committee on Science of
House of Representatives by section 1(a) of Pub. L. 104-14, set out
as a note preceding section 21 of Title 2, The Congress.
-TRANS-
ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES
Committee on Merchant Marine and Fisheries of House of
Representatives abolished and its jurisdiction transferred by House
Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For
treatment of references to Committee on Merchant Marine and
Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
-End-
-CITE-
15 USC Sec. 1539 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1539. Financial assistance
-STATUTE-
(a) Processing of applications
Within 12 months after October 29, 1992, the Secretary of
Commerce shall develop and, after notice and opportunity for public
comment, promulgate regulations or guidelines to ensure that a
completed application for a grant, contract, or other financial
assistance under a nondiscretionary assistance program shall be
processed and approved or disapproved within 75 days after
submission of the application to the responsible program office of
the National Oceanic and Atmospheric Administration.
(b) Notification of 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 indicate in writing to the
applicant whether or not the application is complete and, if not
complete, shall specify the additional material that the applicant
must provide to complete the application.
(c) Exemption
In the case of a program for which the recipient of a grant,
contract, or other financial assistance is specified by statute to
be, or has customarily been, a State or an interstate fishery
commission, such financial assistance may be provided by the
Secretary to that recipient on a sole-source basis, notwithstanding
any other provision of law.
(d) "Nondiscretionary assistance program" defined
In this section, the term "nondiscretionary assistance program"
means any program for providing financial assistance -
(1) under which the amount of funding for, and the intended
recipient of, the financial assistance is specified by Congress;
or
(2) the recipients of which have customarily been a State or an
interstate fishery commission.
-SOURCE-
(Pub. L. 102-567, title IV, Sec. 404, Oct. 29, 1992, 106 Stat.
4292.)
-End-
-CITE-
15 USC Sec. 1540 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1540. Cooperative agreements
-STATUTE-
The Secretary of Commerce, acting through the Under Secretary of
Commerce for Oceans and Atmosphere, may enter into cooperative
agreements and other financial agreements with any nonprofit
organization to -
(1) aid and promote scientific and educational activities to
foster public understanding of the National Oceanic and
Atmospheric Administration or its programs; and
(2) solicit private donations for the support of such
activities.
-SOURCE-
(Pub. L. 102-567, title IV, Sec. 406, Oct. 29, 1992, 106 Stat.
4293.)
-MISC1-
COOPERATIVE AGREEMENTS FOR RESEARCH, EDUCATION, TRAINING, AND
OUTREACH
Pub. L. 108-199, div. B, title II, Jan. 23, 2004, 118 Stat. 71,
provided in part: "That, hereafter, the Secretary of Commerce may
enter into cooperative agreements with the Joint and Cooperative
Institutes as designated by the Secretary to use the personnel,
services, or facilities of such organizations for research,
education, training, and outreach".
Similar provisions were contained in Pub. L. 108-7, div. B, title
II, Feb. 20, 2003, 117 Stat. 74.
-End-
-CITE-
15 USC Sec. 1541 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1541. Administrative Law Judges
-STATUTE-
Notwithstanding section 559 of title 5, with respect to any
marine resource conservation law or regulation administered by the
Secretary of Commerce acting through the National Oceanic and
Atmospheric Administration, all adjudicatory functions which are
required by chapter 5 of title 5 to be performed by an
Administrative Law Judge may be performed by the United States
Coast Guard on a reimbursable basis. Should the United States Coast
Guard require the detail of an Administrative Law Judge to perform
any of these functions, it may request such temporary or occasional
assistance from the Office of Personnel Management pursuant to
section 3344 of title 5.
-SOURCE-
(Pub. L. 105-160, Sec. 10, Mar. 6, 1998, 112 Stat. 27.)
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-End-
-CITE-
15 USC Sec. 1542 01/03/05
-EXPCITE-
TITLE 15 - COMMERCE AND TRADE
CHAPTER 40 - DEPARTMENT OF COMMERCE
-HEAD-
Sec. 1542. Establishment of the Ernest F. Hollings Scholarship
Program
-STATUTE-
(a) Establishment
The Administrator of the National Oceanic and Atmospheric
Administration shall 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) Purposes
The purposes of the Ernest F. Hollings Scholarships Program are -
(1) to increase undergraduate training in oceanic and
atmospheric science, research, technology, and education and
foster multidisciplinary training opportunities;
(2) to increase public understanding and support for
stewardship of the ocean and atmosphere and improve environmental
literacy;
(3) to recruit and prepare students for public service careers
with the National Oceanic and Atmospheric Administration and
other natural resource 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 science and to improve
scientific and environmental education in the United States.
(c) Award
Each Ernest F. Hollings Scholarship -
(1) shall be used to support undergraduate studies in oceanic
and atmospheric science, research, technology, and education that
support the purposes of the programs and missions of the National
Oceanic and Atmospheric Administration;
(2) shall recognize outstanding scholarship and ability;
(3) shall promote participation by groups underrepresented in
oceanic and atmospheric science and technology; and
(4) shall be awarded competitively in accordance with
guidelines issued by the Administrator and published in the
Federal Register.
(d) Eligibility
In order to be eligible to participate in the program, an
individual must -
(1) be enrolled or 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) of this section;
(2) be a United States citizen;
(3) not have received a scholarship under this section for more
than 4 academic years, unless the Administrator grants a waiver;
and
(4) submit an application at such time, in such manner, and
containing such information, agreements, or assurances as the
Administrator may require.
(e) Distribution of funds
The amount of each Ernest F. Hollings Scholarship shall be
provided directly to a recipient selected by the Administrator upon
receipt of certification that the recipient will adhere to a
specific and detailed plan of study and research approved by an
institution of higher education.
(f) Funding
Of the total amount appropriated for fiscal year 2005 and
annually hereafter to the National Oceanic and Atmospheric
Administration, the Administrator shall make available for the
Ernest F. Hollings Scholarship program one-tenth of 1 percent of
such appropriations.
(g) Scholarship repayment requirement
The Administrator shall require an individual receiving a
scholarship under this section to repay the full amount of the
scholarship to the National Oceanic and Atmospheric Administration
if the Administrator determines that the individual, in obtaining
or using the scholarship, engaged in fraudulent conduct or failed
to comply with any term or condition of the scholarship. Such
repayments shall be deposited in the NOAA Operations, Research, and
Facilities Appropriations Account and treated as an offsetting
collection and only be available for financing additional
scholarships.
-SOURCE-
(Pub. L. 108-447, div. B, title II, Sec. 214, Dec. 8, 2004, 118
Stat. 2884.)
-End-
-HEAD-
| File Type | application/msword |
| File Title | - -CITE- |
| Author | joseph english |
| Last Modified By | joseph carter |
| File Modified | 2007-04-25 |
| File Created | 2007-04-25 |