15 U.S.C. § 1512 — Powers and duties of Department

Page 1433 TITLE 15—COMMERCE AND TRADE § 1512 Bay Office $6,000,000 for each of fiscal years 2002 through 2006. (Pub. L. 102–567, title III, § 307, Oct. 29, 1992, 106 Stat. 4284; Pub. L. 107–372, title IV, § 401(a), Dec. 19, 2002, 116 Stat. 3096.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–372 substituted ‘‘Chesapeake Bay Of- fice’’ for ‘‘Chesapeake Bay Estuarine Resources Office’’ in section catchline and amended text generally, sub- stituting provisions establishing Office, describing functions, establishing habitat restoration small water- shed grants program, and authorizing appropriations, for provisions establishing Office, describing functions, and requiring identification of funding request in Presi- dent’s annual budget. Statutory Notes and Related Subsidiaries MULTIPLE SPECIES MANAGEMENT STRATEGY Pub. L. 107–372, title IV, § 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 Direc- tor of the Chesapeake Bay Office of the National Oce- anic and Atmospheric Administration shall begin a 5- year study, in cooperation with the scientific commu- nity of the Chesapeake Bay, appropriate State and interstate resource management entities, and appro- priate Federal agencies— ‘‘(A) to determine and expand the understanding of the role and response of living resources in the Chesa- peake Bay ecosystem; and ‘‘(B) to develop a multiple species management strategy for the Chesapeake Bay. ‘‘(2) REQUIRED ELEMENTS OF STUDY.—In order to im- prove 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 lev- els; and ‘‘(C) recommend management actions to optimize the return of a healthy and balanced ecosystem for the Chesapeake Bay.’’ § 1511e. Repealed. Pub. L. 111–314, § 6, Dec. 18, 2010, 124 Stat. 3444 Section, Pub. L. 105–309, § 8, Oct. 30, 1998, 112 Stat. 2937; Pub. L. 107–305, § 14, Nov. 27, 2002, 116 Stat. 2380; Pub. L. 108–447, div. B, title II, Dec. 8, 2004, 118 Stat. 2878, related to Office of Space Commercialization. See section 50702 of Title 51, National and Commercial Space Programs. § 1512. Powers and duties of Department It shall be the province and duty of said De- partment 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 depart- ments, bureaus, offices, and branches of the pub- lic service hereinafter specified, and with such other powers and duties as may be prescribed by law. (Feb. 14, 1903, ch. 552, § 3, 32 Stat. 826; Pub. L. 97–31, § 12(7), Aug. 6, 1981, 95 Stat. 154.) Editorial Notes 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. AMENDMENTS 1981—Pub. L. 97–31 struck out references to shipping and transportation facilities. Statutory Notes and Related Subsidiaries MANUFACTURING.GOV HUB Pub. L. 117–328, div. BB, title I, § 101, Dec. 29, 2022, 136 Stat. 5551, provided that: ‘‘(a) DEFINITION.—In this section, the term ‘Sec- retary’ means the Secretary of Commerce. ‘‘(b) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act [Dec. 29, 2022], the Sec- retary, in coordination with the Chief Information Offi- cer of the Department of Commerce, shall modify the manufacturing.gov website by establishing a section of the website to be known as the ‘manufacturing.gov hub’. ‘‘(c) FUNCTIONS.—The manufacturing.gov hub estab- lished under subsection (b) shall— ‘‘(1) serve as the primary hub for information relat- ing to every Federal manufacturing program, includ- ing the programs identified in the report of the Gov- ernment Accountability Office entitled ‘U.S. Manu- facturing’ (GAO 17–240), published on March 28, 2017; ‘‘(2) provide the contact information of relevant program offices carrying out the Federal manufac- turing programs described in paragraph (1); ‘‘(3) provide an avenue for public input and feed- back relating to— ‘‘(A) the functionality of the website of the De- partment of Commerce; ‘‘(B) the Federal manufacturing programs de- scribed in paragraph (1); and ‘‘(C) any other manufacturing-related challenges experienced by manufacturers in the United States; ‘‘(4) establish web pages within the hub that shall focus on— ‘‘(A) technology and research and development; ‘‘(B) trade; ‘‘(C) workforce development and training; ‘‘(D) industrial commons and supply chains; and ‘‘(E) small and medium manufacturers; and ‘‘(5) use machine learning to— ‘‘(A) identify frequently asked questions; and ‘‘(B) disseminate to the public answers to the questions identified under subparagraph (A). ‘‘(d) NO ADDITIONAL FUNDS.—No additional funds are authorized to be appropriated for the purpose of car- rying out this section.’’ ASSISTANCE TO FISHERY PARTICIPANTS Pub. L. 116–136, div. B, title II, § 12005, Mar. 27, 2020, 134 Stat. 518, provided that: ‘‘(a) IN GENERAL.—The Secretary of Commerce is au- thorized to provide assistance to Tribal, subsistence, commercial, and charter fishery participants affected by the novel coronavirus (COVID–19), which may in- clude direct relief payments. ‘‘(b) FISHERY PARTICIPANTS.—For the purposes of this section, ‘fishery participants’ include Tribes, persons, fishing communities, aquaculture businesses not other- wise eligible for assistance under part 1416 of title 7 of the Code of Federal Regulations for losses related to COVID–19, processors, or other fishery-related busi- nesses, who have incurred, as a direct or indirect result of the coronavirus pandemic— ‘‘(1) economic revenue losses greater than 35 per- cent as compared to the prior 5-year average revenue; or ‘‘(2) any negative impacts to subsistence, cultural, or ceremonial fisheries. Page 1434 TITLE 15—COMMERCE AND TRADE § 1512 ‘‘(c) ROLLING BASIS.—Funds may be awarded under this section on a rolling basis, and within a fishing sea- son, to ensure rapid delivery of funds during the COVID–19 pandemic. ‘‘(d) APPROPRIATIONS.—In addition to funds that are otherwise made available to assist fishery participants under this Act [div. B of Pub. L. 116–136, see Tables for classification], there are authorized to be appropriated, and there are appropriated, $300,000,000, to remain available until September 30, 2021, to carry out this sec- tion, of which up to 2 percent may be used for adminis- tration and oversight activities. ‘‘(e) EMERGENCY REQUIREMENT.—The amount provided by this section is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(A)(i)].’’ [For definition of ‘‘coronavirus’’ as used in section 12005 of Pub. L. 116–136, set out above, see section 23005 of Pub. L. 116–136, set out as a note under section 162b of Title 2, The Congress.] Executive Documents 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. 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 In- formation Infrastructure, was revoked by Ex. Ord. No. 13062, § 3(d), Sept. 29, 1997, 62 F.R. 51756, formerly set out as a note under section 1013 of Title 5, Government Or- ganization and Employees. EX. ORD. NO. 13577. ESTABLISHMENT OF THE SELECTUSA INITIATIVE Ex. Ord. No. 13577, June 15, 2011, 76 F.R. 35715, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to support private-sector job cre- ation and enhance economic growth by encouraging and supporting business investment in the United States, it is hereby ordered as follows: SECTION 1. Policy. Business investment in the United States by both domestic and foreign firms, whether in the form of new equipment or facilities or the expan- sion of existing facilities, is a major engine of economic growth and job creation. In an era of global capital mo- bility, the United States faces increasing competition for retaining and attracting industries of the future and the jobs they create. My Administration is com- mitted to enhancing the efforts of the United States to win the growing global competition for business invest- ment by leveraging our advantages as the premier busi- ness location in the world. As a place to do business, the United States offers a hardworking, diverse, and educated workforce, strong protection of intellectual property rights, a predictable and transparent legal system, relatively low taxes, highly developed infrastructure, and access to the world’s most lucrative consumer market. We welcome both domestic and foreign businesses to invest across the broad spectrum of the U.S. market. The Federal Government lacks the centralized in- vestment promotion infrastructure and resources to at- tract business investment that is often found in other industrialized countries. Currently, States and cities are competing against foreign governments to attract business investment. Our Nation needs to retain busi- ness investment and pursue and win new investment in the United States by better marketing our strengths, providing clear, complete, and consistent information, and removing unnecessary obstacles to investment. SEC. 2. SelectUSA Initiative. (a) Establishment. There is established the SelectUSA Initiative (Initiative), a Government-wide initiative to attract and retain in- vestment in the American economy. The Initiative is to be housed in the Department of Commerce. The mis- sion of this Initiative shall be to facilitate business in- vestment in the United States in order to create jobs, spur economic growth, and promote American competi- tiveness. The Initiative will provide enhanced coordina- tion of Federal activities in order to increase the im- pact of Federal resources that support both domestic and foreign investment in the United States. In pro- viding assistance, the Initiative shall work to maxi- mize impact on business investment, job creation, and economic growth. The Initiative shall work on behalf of the entire Nation and shall exercise strict neutrality with regard to specific locations within the United States. (b) Functions. (i) The Initiative shall coordinate outreach and en- gagement by the Federal Government to promote the United States as the premier location to operate a busi- ness. (ii) The Initiative shall serve as an ombudsman that facilitates the resolution of issues involving Federal programs or activities related to pending investments. (iii) The Initiative shall provide information to do- mestic and foreign firms on: the investment climate in the United States; Federal programs and incentives available to investors; and State and local economic development organizations. (iv) The Initiative shall report quarterly to the Presi- dent through the National Economic Council, the Do- mestic Policy Council, and the National Security Staff, describing its outreach activities, requests for informa- tion received, and efforts to resolve issues. (c) Administration. The Department of Commerce shall provide funding and administrative support for the Initiative through resources and staff assigned to work on the Initiative, to the extent permitted by law and within existing appropriations. The Secretary of Commerce shall designate a senior staff member as the Executive Director to lead the Initiative. The Execu- tive Director shall coordinate activities both within the Department of Commerce and with other executive departments and agencies that have activities relating to business investment decisions. (d) Federal Interagency Investment Working Group. (i) There is established the Federal Interagency In- vestment Working Group (Working Group), which will be convened and chaired by the Initiative’s Executive Director, in coordination with the Director of the Na- tional Economic Council. (ii) The Working Group shall consist of senior offi- cials from the Departments of State, the Treasury, De- fense, Justice, the Interior, Agriculture, Commerce, Labor, Veterans Affairs, Health and Human Services, Housing and Urban Development, Transportation, En- ergy, Education, and Homeland Security, the Environ- mental Protection Agency, the Small Business Admin- istration, the Export-Import Bank of the United States, the Office of the United States Trade Rep- resentative, the Domestic Policy Council, the National Economic Council, the National Security Staff, the Of- fice of Management and Budget, and the Council of Economic Advisers, as well as such additional execu- tive departments, agencies, and offices as the Secretary of Commerce may designate. Senior officials shall be designated by and report to the Deputy Secretary or of- ficial at the equivalent level of their respective offices, departments, and agencies. (iii) The Working Group shall coordinate activities to promote business investment and respond to specific issues that affect business investment decisions. (iv) The Department of Commerce shall provide fund- ing and administrative support for the Working Group to the extent permitted by law and within existing ap- propriations. Page 1435 TITLE 15—COMMERCE AND TRADE § 1512 (e) Department and Agency Participation. All executive departments and agencies that have activities relating to business investment decisions shall cooperate with the Initiative, as requested by the Initiative’s Execu- tive Director, to support its objectives. SEC. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive depart- ment, agency, or the head thereof, or the status of that department or agency within the Federal Government; or (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. [Reference to the National Security Staff deemed to be a reference to the National Security Council Staff, see Ex. Ord. No. 13657, set out as a note under section 3021 of Title 50, War and National Defense.] EX. ORD. NO. 13731. GLOBAL ENTREPRENEURSHIP Ex. Ord. No. 13731, June 24, 2016, 81 F.R. 42221, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. The American spirit of entrepre- neurship is one of our most admired values around the world, and the United States has produced many of the world’s most respected businesses and inspiring busi- ness creators. At a time when many societies confront extremism, unemployment, and slow economic growth, entrepreneurship holds out the promise of opportunity, prosperity, and security. It is in the national interest for the Federal Govern- ment to support innovation, global entrepreneurship, and the American private sector. Linking entre- preneurs with capital, new networks, and markets and providing skills and training will allow them to grow their businesses and positively impact their commu- nities. It is also necessary that we help enable our glob- al partners to invest in the tools and infrastructure that make this possible, including high-speed broadband; business incubators and accelerators; re- gional economic development programs and extension services; international people-to-people exchange pro- grams; and the technical, export, and business assist- ance and mentoring that entrepreneurs need worldwide in order to drive economic growth and job creation. This order sets forth the administration and goals of several programs designed to connect American and foreign entrepreneurs with the Federal Government and promote entrepreneurship across the United States and around the world by sharing the knowledge, experi- ence, and connectivity necessary to help develop the next generation of entrepreneurs. SEC. 2. Administration of the Presidential Ambassadors for Global Entrepreneurship Program. (a) The Secretary of Commerce (Secretary) shall administer the Presi- dential Ambassadors for Global Entrepreneurship Pro- gram (PAGE Program) to enable individuals who exem- plify the spirit of American entrepreneurship and who have proven track records to use their networks, plat- forms, and voices to support aspiring entrepreneurs and advance public policies that encourage entrepreneur- ship in the United States and around the globe. Individ- uals selected for participation in the PAGE Program shall be known as PAGE Members. (b) The PAGE Program shall be administered by a Di- rector, appointed by the Secretary under authorities of the Department of Commerce (Commerce). Commerce shall provide necessary staff, resources, and adminis- trative support for the PAGE Program to the extent permitted by law and within existing appropriations. SEC. 3. PAGE Advisory Board. (a) The Secretary shall establish an Advisory Board to advise the Secretary by recommending such priorities, standards, and partner- ships as may be beneficial to fulfill the goals of the PAGE Program and to identify potential opportunities for PAGE Members to support the PAGE Program. (b) The Secretary shall serve as Chair of the Advisory Board. In addition to the Chair, the membership of the Advisory Board shall include the Secretary of State, the Administrator of the United States Agency for International Development (USAID), the Adminis- trator of the Small Business Administration (SBA), and the Administrator of the National Aeronautics and Space Administration (NASA), or their designees, and such other representatives of executive departments and agencies (agencies) as may be designated by the Secretary. Consistent with law, the Advisory Board may consult with industry, academia, and other non- federal entities to ensure that the PAGE Program is continually identifying opportunities to apply innova- tive practices in effective ways to promote entrepre- neurship. SEC. 4. Selection of PAGE Members. (a) The Secretary, in accordance with applicable law, shall prescribe ap- propriate procedures for the selection of PAGE Mem- bers. PAGE Members will total no more than 25 at any given time. (b) PAGE Members may participate in the PAGE Pro- gram for periods of 2 years, and may be selected to par- ticipate for additional periods at the discretion of the Secretary. SEC. 5. Responsibilities of Agencies. The Department of State (State), USAID, and SBA are encouraged to work with the Secretary and the Advisory Board to maxi- mize the PAGE Program’s benefits to innovation, glob- al entrepreneurship, and the American private sector through the identification of opportunities for entre- preneurs to access capital, education, mentorships, and other services that will help to grow their businesses. SEC. 6. Global Entrepreneurship Summit. (a) The Sec- retary of State shall coordinate the Federal Govern- ment’s participation in the Global Entrepreneurship Summit (GES), which will focus on connecting entre- preneurs around the world and empowering them to ex- pand their enterprises and build lasting relationships with the United States; increasing global economic prosperity; building secure communities; promoting re- sponsible business conduct, including business prac- tices to encourage greater representation of all people, including women, youth, and minorities; and using in- novation to solve pressing global challenges. (b) State shall coordinate with Commerce, USAID, and SBA to identify and carry out programs and activi- ties that will further the goals of the GES to the extent permitted by law and within existing appropriations. SEC. 7. Accelerating Entrepreneurship and Economic Op- portunity by Expanding Internet Access Globally. State, in coordination with other agencies, multilateral institu- tions, foreign countries, and stakeholders, shall work to actively promote global Internet connectivity. Spe- cifically, the Global Connect Initiative shall focus on encouraging foreign countries to prioritize Internet connectivity in development plans, promoting the for- mation of region-specific multi-sector working groups to ensure technical and regulatory best practices, and encouraging the development of digital literacy pro- grams in developing nations. SEC. 8. Global Connect International Connectivity Steer- ing Group. (a) In order to ensure a coordinated and con- sistent approach in agency implementation of the goals set forth in section 7 of this order, there is hereby es- tablished a Global Connect International Connectivity Steering Group (Steering Group), chaired by State. (b) The Steering Group shall be composed of a rep- resentative from each of the following agencies: (i) the Department of State; (ii) the Department of the Treasury; Page 1436 TITLE 15—COMMERCE AND TRADE § 1513 (iii) the Department of Defense; (iv) the Department of Commerce; (v) the Department of Transportation; (vi) the United States Trade Representative; (vii) the Small Business Administration; (viii) the United States Trade and Development Agency; (ix) the Millennium Challenge Corporation; (x) the Overseas Private Investment Corporation [now the United States International Development Fi- nance Corporation]; (xi) the Export-Import Bank of the United States; and (xii) the United States Agency for International De- velopment. (c) The Chair shall invite a representative from the Federal Communications Commission, and may invite a representative from any other department, agency, component, or office the Chair deems appropriate, to participate as a member of the Steering Group. (d) The Chair shall consult with the following entities in setting the agenda of the Steering Group and ensur- ing coordination with other Administration policies: (i) the National Economic Council; (ii) the National Security Council Staff; and (iii) the Office of Science and Technology Policy. (e) Not later than 6 months after the date of this order, the Steering Group shall report to the Secretary of State. In this report, the Steering Group shall: (i) describe the current state of agency procedures, requirements, programs, and policies related to the goals of the Global Connect Initiative; and (ii) provide updates on the strategy and the evalua- tion criteria for Federal contributions to the Global Connect Initiative. (f) The Secretary of State may request a periodic up- date of this report every 12 months thereafter, through 2020, on progress that has been made in achieving the goals of the Global Connect Initiative. SEC. 9. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to a department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 1513. Duties and powers vested in Department All duties performed and all power and author- ity possessed or exercised by the head of any ex- ecutive department in and over any bureau, of- fice, 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. (Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829.) Editorial Notes 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. Statutory Notes and Related Subsidiaries CHANGE OF NAME Act Mar. 4, 1913, ch. 141, 37 Stat. 736, provided that the Department of Commerce and Labor and Secretary of Commerce and Labor were to be thereafter called the Department of Commerce and Secretary of Commerce and that the act creating the Department of Commerce and Labor (act Feb. 14, 1903) was amended accordingly. GOVERNMENT INTEREST IN PATENTS For duties and powers of Secretary of Commerce with respect to interest of Government in patents, see exec- utive orders set out as notes under section 266 of Title 35, Patents. Executive Documents 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, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out as a note under section 1501 of this title. § 1513a. Cost estimates for National Oceanic and Atmospheric Administration programs in- cluded in Department budget justification Beginning in fiscal year 2007 and for each fis- cal year thereafter, the Secretary of Commerce shall include in the budget justification mate- rials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31) an estimate for each National Oceanic and Atmospheric Admin- istration procurement, acquisition and con- struction program having a total multiyear pro- gram cost of more than $5,000,000 and an esti- mate of the budgetary requirements for each such program for each of the five subsequent fis- cal years. (Pub. L. 109–108, title II, Nov. 22, 2005, 119 Stat. 2312.) Editorial Notes CODIFICATION Section is from the Department of Commerce and Re- lated Agencies Appropriations Act, 2006, which is title II of the Science, State, Justice, Commerce, and Re- lated Agencies Appropriations Act, 2006. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in the following appropriation acts: Pub. L. 118–42, div. C, title I, Mar. 9, 2024, 138 Stat. 128. Pub. L. 117–328, div. B, title I, Dec. 29, 2022, 136 Stat. 4517. Pub. L. 117–103, div. B, title I, Mar. 15, 2022, 136 Stat. 108. Pub. L. 116–260, div. B, title I, Dec. 27, 2020, 134 Stat. 1241. Pub. L. 116–93, div. B, title I, Dec. 20, 2019, 133 Stat. 2392. Pub. L. 116–6, div. C, title I, Feb. 15, 2019, 133 Stat. 98. Pub. L. 115–141, div. B, title I, Mar. 23, 2018, 132 Stat. 406.