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.
Feb. 14, 1903, ch. 552, § 132 Stat. 825Feb. 17, 1909, ch. 13735 Stat. 626Mar. 4, 1909, ch. 297, § 135 Stat. 861Mar. 4, 1913, ch. 141, § 137 Stat. 736Mar. 3, 1917, ch. 163, § 139 Stat. 1111Mar. 4, 1925, ch. 549, § 443 Stat. 1301(, ; , §§ 1, 2, ; , ; , ; , ; , .)
Editorial Notes
References in Text
section 207 of Title 18section 3321 of Title 31Title 4 of the Revised Statutes, referred to in text, was entitled “Provisions Applicable to All Executive Departments”, and consisted of R.S. §§ 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; , Crimes and Criminal Procedure; sections 514, 520 of Title 28, Judiciary and Judicial Procedure; , Money and Finance.
Codification
section 591 of Title 5Pub. L. 89–55480 Stat. 378Section was formerly classified to prior to the general revision and enactment of Title 5, Government Organization and Employees, by , , .
Statutory Notes and Related Subsidiaries
Transfer of Functions
act June 13, 1888, ch. 38025 Stat. 182act June 27, 1884, ch. 12723 Stat. 60act Feb. 14, 1903, ch. 55232 Stat. 825act March 4, 1913, ch. 14137 Stat. 736A Department of Labor, under charge of a Commissioner of Labor, was established by , , and by section 9 of that act, the Bureau of Labor created under , , 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 , , 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 , , 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.
Executive Documents
Transfer of Functions
64 Stat. 1263Functions 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, §§ 1, 2, eff. , 15 F.R. 3174, , set out below.
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.
section 2171 of Title 19Creation of the Office of Deputy Secretary of Commerce by section 2(b)(1) of 1979 Reorg. Plan. No. 3 effective , see Ex. Ord. 12175, set out as a note under , Customs Duties.
Order of Succession
section 3345 of Title 5For 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, , 66 F.R. 66260, listed in a table under , Government Organization and Employees.
REORGANIZATION PLAN NO. 5 OF 1950
64 Stat. 1263July 2, 1954, ch. 45668 Stat. 430Eff. , 15 F.R. 3174, , as amended , title III, § 304,
5 U.S.C. 901Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, , pursuant to the provisions of the Reorganization Act of 1949, approved [see 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.
60 Stat. 2375 U.S.C. 551(b) This section shall not apply to the functions vested by the Administrative Procedure Act () [see 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
July 2, 1954, ch. 45668 Stat. 430[Repealed. , title III, § 304, . 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.
The White House, .
Federal Maritime Board, and Maritime Functions of Secretary of Commerce
64 Stat. 1273Section 307 of Reorg. Plan No. 21 of 1950, eff. , 15 F.R. 3178, , 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.
Executive Order No. 13339
section 3501 of Title 42Ex. Ord. No. 13339, , 69 F.R. 28037, as amended by Ex. Ord. No. 13403, § 3, , 71 F.R. 28543, which established in the Department of Commerce a President’s Advisory Commission on Asian Americans and Pacific Islanders, was superseded by Ex. Ord. No. 13515, § 4(a), , 74 F.R. 53638, formerly set out below, and by Ex. Ord. No. 14031, § 4(a), , 86 F.R. 29680, set out in a note under , The Public Health and Welfare.
Executive Order No. 13515
section 3501 of Title 42Ex. Ord. No. 13515, , 74 F.R. 53635, as amended by Ex. Ord. No. 13585, § 4, , 76 F.R. 62282; Ex. Ord. No. 13652, § 8, , 78 F.R. 61819, which established the President’s Advisory Commission on Asian Americans and Pacific Islanders and White House Initiative on Asian Americans and Pacific Islanders, was superseded by Ex. Ord. No. 13872, § 4(a), , 84 F.R. 22324, formerly set out below, and by Ex. Ord. No. 14031, § 4(a), , 86 F.R. 29680, set out in a note under , The Public Health and Welfare.
Extension of Term of Commission on Asian Americans and Pacific Islanders
section 1013 of Title 5Prior to revocation of Ex. Ord. No. 13515, term of Commission on Asian Americans and Pacific Islanders was extended until , by Ex. Ord. No. 13811, § 1(s), , 82 F.R. 46363, formerly set out as a note under , Government Organization and Employees.
Previous extensions of term of Commission on Asian Americans and Pacific Islanders were contained in the following prior Executive Orders:
Ex. Ord. No. 13708, , 80 F.R. 60271, extended term until .
Ex. Ord. No. 13652, , 78 F.R. 61817, extended term until .
Ex. Ord. No. 13585, , 76 F.R. 62281, extended term until .
Executive Order No. 13872
section 3501 of Title 42Ex. Ord. No. 13872, , 84 F.R. 22321, which established the President’s Advisory Commission on Asian Americans and Pacific Islanders and the White House Initiative on Asian Americans and Pacific Islanders to promote the economic empowerment of Asian Americans and Pacific Islanders, was superseded by Ex. Ord. No. 14031, § 4(a), , 86 F.R. 29680, set out in a note under , The Public Health and Welfare.
Extension of Term of Commission on Asian Americans and Pacific Islanders
section 1013 of Title 5Term of Commission on Asian Americans and Pacific Islanders extended until , by Ex. Ord. No. 13889, , 84 F.R. 52743, formerly set out as a note under , Government Organization and Employees.