NAVIGATION LAWS OF THE

UNITED STATES

Chapter I.-ORGANIC LAWS GOVERNING DEPARTMENT OF

COMMERCE

Establishment of Department; Secretary.

FEB. 14, 1903, sec. 1 (5 U. S. C. 591). 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 chapter 1 of title 5 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. (Mar. 4, 1913, sec. 1.)

ASSISTANT SECRETARY OF COMMERCE

FEB. 14, 1903, sec. 2 (5 U. S. C. 592). There shall be in said department an Assistant Secretary of Commerce, to be appointed by the President. He shall perform such duties as shall be prescribed by the Secretary or required by law. (Mar. 4, 1913.)

ADDITIONAL ASSISTANT SECRETARY OF COMMERCE

MAY 20, 1926, sec. 8 (5 U. S. C. 592a). To aid the Secretary of Commerce in fostering air commerce, and to perform such functions. vested in the Secretary under Chapter 6 of Title 49 as the Secretary may designate there shall be an additional Assistant Secretary of Commerce, who shall be appointed by the President, by and with the advice and consent of the Senate, and whose compensation shall be fixed in accordance with the provisions of the Act of March 4, 1923. (June 23, 1938, sec. 1107 (k).)

CHIEF CLERK AND SUPERINTENDENT

FEB. 14, 1903, sec. 2 (5 U. S. C. 593). There shall be in said Department a Chief Clerk and Superintendent, who shall be chief executive officer of the Department and who may be designated by the Secretary of Commerce to sign minor routine official papers and documents during the temporary absence of the Secretary and the Assistant Secretaries of the Department. (March 22, 1935, sec. 1; May 15, 1936, sec. 1; June 16, 1937, sec. 1; April 27, 1938, sec. 1.)

UNDER SECRETARY OF COMMERCE

JUNE 5, 1939, sec. 1 (5 U. S. C. 591a). There is hereby established in the Department of Commerce the position of Under Secretary of Commerce with compensation at the rate of $10,000 per annum and with appointment thereto by the President, by and with the advice and consent of the Senate.

JUNE 5, 1939, sec. 2 (5 U. S. C. 591b). Such Under Secretary shall perform the duties of the Secretary of Commerce in the case of absence or sickness of the Secretary, or in the case of the death or resignation of the Secretary until a successor is appointed.

JUNE 5, 1939, sec. 3 (5 U. S. C. 592a-1). Whenever a vacancy shall occur in any one of the two positions of Assistant Secretary heretofore established in the Department of Commerce, such vacancy shall not be filled and there shall thereafter be only one position of Assistant Secretary in such Department.

PROVINCE AND DUTY

FEB. 14, 1903, sec. 3 (5 U. S. C. 596). It shall be the province and duty of said department to foster, promote, and develop the foreign and domestic commerce, the mining, manufacturing, shipping, and the transportation facilities 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. (Apr. 3, 1939.)

Bureaus in Department.

FEB. 14, 1903 (5 U. S. C. 597). The following-named officers, bureaus, divisions, and branches of the public service, and all that pertains to the same, shall be under the jurisdiction and supervision of the Department of Commerce: The Bureau of Marine Inspection and Navigation, the United States Shipping Commissioners, the National Bureau of Standards, the Bureau of Foreign and Domestic Commerce, the Census Office, the Inland Waterways Corporation, and the Patent Office. (Mar. 4, 1913, sec. 3; Jan. 5, 1923, sec. 1; June 30, 1932, sec. 502; Feb. 22, 1934, Ex. Ór. 6611; May 27, 1936, sec. 1; April 3, 1939.)

NOTE. Under the authority vested in him by the Reorganization Act of 1939, the President, by Executive Order, transferred the Bureau of Fisheries to the Department of the Interior; the Bureau of Lighthouses to the Treasury Department, Coast Guard Bureau; and the Inland Waterways Corporation from the War Department to the Department of Commerce.

Transfer of Records.

FEB. 14, 1903, sec. 4 (5 U. S. C. 598). The official records and papers now on file in and pertaining exclusively to the business of any bureau, office, department, or branch of the public service in this Act transferred to the Department of Commerce, together with the furniture now in use in such bureau, office, department, or branch of the public service, shall be, and hereby are, transferred to the Department of Commerce.

Statistical Information.

FEB. 14, 1903, sec. 4 (5 U. S. C. 601). 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.

Charges for Services.

JUNE 30, 1932, sec. 310 (5 U. S. C. 601a). The Secretary of Commerce shall make such charges as he deems reasonable for special statistical services; special commodity, technical, and regional news bulletins and periodical services; lists of foreign buyers, and World Trade Directory Reports, and the amounts collected therefrom shall be deposited in the Treasury as miscellaneous receipts.

SPECIAL STATISTICAL STUDIES ON REQUEST

MAY 27, 1935, sec. 1 (5 U. S. C. 6016). The Department of Commerce is authorized, within the discretion of the Secretary of Commerce, upon the written request of any person, firm, or corporation, to make special statistical studies relating to foreign trade, domestic trade, and other economic matters falling within the province of the Department of Commerce; to prepare from its records special statistical compilations; and to furnish transcripts of its studies, tables, and other records, upon the payment of the actual cost of such work by the person, firm, or corporation requesting it.

DISPOSITION OF MONEYS RECEIVED

MAY 27, 1935, sec. 2 (5 U. S. C. 601c). All moneys received after May 27, 1935, by the Department of Commerce in payment of the cost of such work shall be deposited in a special account to be administered under the direction of the Secretary of Commerce. These moneys may be used, in the discretion of the Secretary of Commerce, and notwithstanding any other provision of law, for the ordinary expenses incidental to the work and/or to secure in connection therewith the special services of persons who are neither officers nor employees of the United States.

Rules and Regulations; Annual Reports to Congress.

MAY 27, 1935, sec. 3 (5 U. S. C. 601d). The Secretary of Commerce shall prescribe rules and regulations for the enforcement of this act; and the Secretary of Commerce shall make a report to Congress, at the beginning of each regular session, giving a detailed statement showing (1) the name of every person, firm, or corporation for whom work has been performed under the authority of this statute; (2)

the nature of the services rendered to him; (3) the price charged for these services by the Department of Commerce; and (4) the manner in which the moneys received were deposited or used.

Annual and Special Reports.

FEB. 14, 1903, sec 8 (5 U. S. C. 604). 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, shipping, and fishery industries, and the transportation facilities, 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.

Transfer of Duties, Power, and Authority.

FEB. 14, 1903, sec. 10 (5 U. S. C. 599). All duties performed and all power and authority now 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 hereafter be vested in and exercised by the head of the said Department of Commerce.

Merchant Vessels: Entrance and Clearance: Shipping.

FEB. 14, 1903, sec. 10 (5 U. S. C. 600). All duties, power, authority, and jurisdiction, whether supervisory, appellate, or otherwise, formerly imposed or conferred upon the Secretary of the Treasury by acts of Congress relating to merchant vessels or yachts, their measurement, numbers, names, registers, enrollments, licenses, commissions, records, mortgages, bills of sale, transfers, entry, clearance, movements and transportation of their cargoes and passengers, owners, officers, seamen, passengers, fees, inspection, equipment for the better security of life, and by acts of Congress relating to tonnage tax, boilers on steam vessels, the carrying of inflammable, explosive or dangerous cargo on vessels, the use of petroleum or other similar substances to produce motive power and relating to the remission or refund of fines, penalties, forfeitures, exactions or charges incurred for violating any provision of law relating to vessels or seamen or to informer's shares of such fines, and by acts of Congress relating to the Commissioner and Bureau of Navigation, Shipping Commissioners, their officers and employees, Steamboat Inspection Service and any of the officials thereof, are transferred to and imposed and conferred upon the Secretary of Commerce from and after the time of the transfer of the Bureau of Navigation, the Shipping Commissioners and the Steamboat Inspection