US (United States) Code. Title 15. Chapter 40: Department of Commerce

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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15 USC CHAPTER 40 - DEPARTMENT OF COMMERCE 01/06/03

-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 Repealed.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 Repealed.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 Repealed.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.

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 Repealed.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.

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15 USC Sec. 1501 01/06/03

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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, Sec. 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. Sec. 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, Sec. 1, 2, eff. May 24, 1950, 15

F.R. 3174, 64 Stat. 1263, set out below.

-MISC5-

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.

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15 USC Sec. 1502, 1503 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 40 - DEPARTMENT OF COMMERCE

-HEAD-

Sec. 1502, 1503. Omitted

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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.

-MISC3-

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.

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15 USC Sec. 1503a 01/06/03

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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.)

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15 USC Sec. 1503b 01/06/03

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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.

-MISC2-

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).''

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15 USC Sec. 1504 01/06/03

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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.

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15 USC Sec. 1505 01/06/03

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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.

-MISC3-

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, Sec. 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.

-MISC5-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1506 of this title.

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15 USC Sec. 1506 01/06/03

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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.

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15 USC Sec. 1507 01/06/03

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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.

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15 USC Sec. 1507a 01/06/03

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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.

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15 USC Sec. 1507b 01/06/03

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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''.

-CITE-

15 USC Sec. 1507c 01/06/03

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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.

-MISC2-

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.

-CITE-

15 USC Sec. 1508 01/06/03

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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.

-MISC3-

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, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.

1263, set out as a note under section 1501 of this title.

-MISC5-

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.

-CITE-

15 USC Sec. 1509 01/06/03

-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, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.

1263, set out as a note under section 1501 of this title.

-CITE-

15 USC Sec. 1510 01/06/03

-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.

-MISC3-

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.

-CITE-

15 USC Sec. 1511 01/06/03

-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 (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be followed by a

semicolon.

(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, Sec. 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, Sec. 2(a),

4(e), 6, eff. July 1, 1936, 4 F.R. 2731, 53 Stat. 1432; 1940

Reorg. Plan No. IV, Sec. 7, 8, eff. June 30, 1940, 5 F.R. 2422, 54

Stat. 1235, 1236; 1946 Reorg. Plan No. 3, Sec. 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, Sec. 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.

-MISC3-

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.

-MISC4-

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, Sec. 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, Sec. 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, Sec. 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.

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.

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

-MISC5-

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 (FOOTNOTE 1)

(FOOTNOTE 1) For additional Message of the President see

Reorganization Plan No. 3 of 1970, Title 5, Appendix, Government

Officers and Employees.

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.

-CITE-

15 USC Sec. 1511a 01/06/03

-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.

-CITE-

15 USC Sec. 1511b 01/06/03

-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.)

-CITE-

15 USC Sec. 1511c 01/06/03

-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.)

-CITE-

15 USC Sec. 1511d 01/06/03

-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.''

-CITE-

15 USC Sec. 1511e 01/06/03

-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 Technology Administration of the

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.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-305 inserted ''the Technology

Administration of'' after ''within''.

-CITE-

15 USC Sec. 1512 01/06/03

-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.

-MISC3-

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.

-CITE-

15 USC Sec. 1513 01/06/03

-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, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.

1263, set out as a note under section 1501 of this title.

-MISC5-

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.

-CITE-

15 USC Sec. 1514 01/06/03

-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.

-MISC3-

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.

-CITE-

15 USC Sec. 1515 01/06/03

-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.

-CITE-

15 USC Sec. 1516 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2276.

-CITE-

15 USC Sec. 1516a 01/06/03

-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.

-MISC4-

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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 2276.

-CITE-

15 USC Sec. 1517 01/06/03

-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, Sec. 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, Sec. 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.

-MISC4-

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.

-CITE-

15 USC Sec. 1518 01/06/03

-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.

-CITE-

15 USC Sec. 1519 01/06/03

-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.

-MISC3-

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.

-CITE-

15 USC Sec. 1519a 01/06/03

-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.

-CITE-

15 USC Sec. 1520 01/06/03

-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.

-CITE-

15 USC Sec. 1521 01/06/03

-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.

-CITE-

15 USC Sec. 1522 01/06/03

-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).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1523, 1524 of this title;

title 47 section 904.

-CITE-

15 USC Sec. 1523 01/06/03

-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.

-CITE-

15 USC Sec. 1524 01/06/03

-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.

-CITE-

15 USC Sec. 1525 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1527a of this title.

-CITE-

15 USC Sec. 1526 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1527a of this title.

-CITE-

15 USC Sec. 1527 01/06/03

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1527a of this title.

-CITE-

15 USC Sec. 1527a 01/06/03

-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.

-CITE-

15 USC Sec. 1528 01/06/03

-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.

-CITE-

15 USC Sec. 1529 01/06/03

-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.)

-CITE-

15 USC Sec. 1530 01/06/03

-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.

-CITE-

15 USC Sec. 1531 01/06/03

-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.)

-CITE-

15 USC Sec. 1532 01/06/03

-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.)

-CITE-

15 USC Sec. 1533 01/06/03

-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.)

-CITE-

15 USC Sec. 1534 01/06/03

-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 (FOOTNOTE 1) Administration.

(FOOTNOTE 1) So in original. Probably should be preceded by

''and''.

(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.

-MISC4-

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.''

-CITE-

15 USC Sec. 1535 01/06/03

-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.

-CITE-

15 USC Sec. 1536 01/06/03

-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.)

-CITE-

15 USC Sec. 1537 01/06/03

-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.

-CITE-

15 USC Sec. 1538 01/06/03

-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.

-CITE-

15 USC Sec. 1539 01/06/03

-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.)

-CITE-

15 USC Sec. 1540 01/06/03

-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.)

-CITE-

15 USC Sec. 1541 01/06/03

-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.

-CITE-