dreamproit/uscode huggingface dataset:
50 U.S.C. § 4814 (WAR AND NATIONAL DEFENSE)
§ 4814. Administration of export controls
(a) In general
The President shall rely on, including through delegations, as appropriate, the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and the heads of other Federal agencies as appropriate, to exercise the authority to carry out the purposes set forth in subsection (b).
(b) Purposes
The purposes of this section include to—
(1) advise the President with respect to—
(A) identifying specific threats to the national security and foreign policy that the authority of this subchapter may be used to address; and
(B) exercising the authority under this subchapter to implement policies, regulations, procedures, and actions that are necessary to effectively counteract those threats;
(2) review and approve—
(A) criteria for including items on, and removing such an item from, a list of controlled items established under this subchapter;
(B) an interagency procedure for compiling and amending any list described in subparagraph (A);
(C) criteria for including a person on a list of persons to whom exports, reexports, and in-country transfers of items are prohibited or restricted under this subchapter;
(D) standards for compliance by persons subject to controls under this subchapter; and
(E) policies and procedures for the end-use monitoring of exports, reexports, and in-country transfers of items controlled under this subchapter; and
(3) benefit from the inherent equities, experience, and capabilities of the Federal officials described in subsection (a).
(c) Sense of Congress
It is the sense of Congress that the administration of export controls under this subchapter should be consistent with the procedures relating to export license applications described in Executive Order 12981 (1995).
(Pub. L. 115–232, div. A, title XVII, § 1755, Aug. 13, 2018, 132 Stat. 2216.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in subsecs. (b)(1), (2) and (c), was in the original “this part”, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.
Executive Order 12981, referred to in subsec. (c), is Ex. Ord. No. 12981, Dec. 5, 1995, 60 F.R. 62981, which is set out as a note under former section 4603 of this title.
50 U.S.C. § 4818 (WAR AND NATIONAL DEFENSE)
§ 4818. Review relating to countries subject to comprehensive United States arms embargo
(a) In general
The Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the heads of other Federal agencies as appropriate, shall conduct a review of license requirements for exports, reexports, or in-country transfers of items to countries subject to a comprehensive United States arms embargo, including, as appropriate—
(1) the scope of controls under title 15, Code of Federal Regulations, that apply to exports, reexports, and in-country transfers for military end uses and military end users in countries that are subject to a comprehensive United States arms embargo and countries that are subject to a United Nations arms embargo; and
(2) entries on the Commerce Control List maintained under title 15, Code of Federal Regulations, that are not subject to a license requirement for the export, reexport, or in-country transfer of items to countries subject to a comprehensive United States arms embargo.
(b) Implementation of results of review
Not later than 270 days after August 13, 2018, the Secretary shall implement the results of the review conducted under subsection (a).
(Pub. L. 115–232, div. A, title XVII, § 1759, Aug. 13, 2018, 132 Stat. 2223; Pub. L. 116–283, div. A, title X, § 1081(d)(8), Jan. 1, 2021, 134 Stat. 3874.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (a)(2). Pub. L. 116–283 substituted period for semicolon at end.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(8) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232.
50 U.S.C. § 4821 (WAR AND NATIONAL DEFENSE)
§ 4821. Administrative procedure
(a) In general
Except as provided in section 4819(c)(2) or 4843(c) of this title, the functions exercised under this subchapter shall not be subject to sections 551, 553 through 559, and 701 through 706 of title 5.
(b) Administrative law judges
(1) In general
The Secretary may—
(A) appoint administrative law judges, consistent with the provisions of section 3105 of title 5; and
(B) designate properly appointed administrative law judges from other Federal agencies who are provided to the Department of Commerce pursuant to a legally authorized interagency agreement.
(2) Limitation
An administrative law judge appointed or designated by the Secretary under paragraph (1) may preside only over proceedings of the Department of Commerce.
(c) Amendments to regulations
The President shall notify in advance the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives of any proposed amendments to the Export Administration Regulations with an explanation of the intent and rationale of such amendments.
(Pub. L. 115–232, div. A, title XVII, § 1762, Aug. 13, 2018, 132 Stat. 2231.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in subsec. (a), was in the original “this part”, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.
50 U.S.C. § 4824 (WAR AND NATIONAL DEFENSE)
§ 4824. Annual report to Congress
(a) In general
The Secretary shall submit to Congress, by December 31 of each year, a report on the implementation of this subchapter during the preceding fiscal year. The report shall include a review of—
(1) the effect of controls imposed under this subchapter on exports, reexports, and in-country transfers of items in addressing threats to the national security or foreign policy of the United States, including a description of licensing processing times;
(2) the impact of such controls on the scientific and technological leadership of the United States;
(3) the consistency with such controls of export controls imposed by other countries;
(4) efforts to provide exporters with compliance assistance, including specific actions to assist small- and medium-sized businesses;
(5) a summary of regulatory changes from the prior fiscal year;
(6) a summary of export enforcement actions, including of actions taken to implement end-use monitoring of dual-use, military, and other items subject to the Export Administration Regulations;
(7) a summary of approved license applications to proscribed persons;
(8) efforts undertaken within the previous year to comply with the requirements of section 4817 1 of this title, including any critical technologies identified under such section and how or whether such critical technologies were controlled for export; and
(9) a summary of industrial base assessments conducted during the previous year by the Department of Commerce, including with respect to counterfeit electronics, foundational technologies, and other research and analysis of critical technologies and industrial capabilities of key defense-related sectors.
(b) Form
The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
(Pub. L. 115–232, div. A, title XVII, § 1765, Aug. 13, 2018, 132 Stat. 2232.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in subsec. (a), was in the original “this part”, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.
Section 4817 of this title, referred to in subsec. (a)(8), was in the original “section 1759”, and was translated as meaning section 1758 of Pub. L. 115–232, which relates to requirements to identify and control the export of emerging and foundational technologies and is classified to section 4817 of this title, to reflect the probable intent of Congress.
50 U.S.C. § 4825 (WAR AND NATIONAL DEFENSE)
§ 4825. Effect on other acts
(a) In general
Except as otherwise provided in this subchapter, nothing contained in this subchapter shall be construed to modify, repeal, supersede, or otherwise affect the provisions of any other laws authorizing control over the export or reexport of any item.
(b) Coordination of controls
(1) In general
The authority granted to the President under this subchapter shall be exercised in such manner so as to achieve effective coordination with the authority exercised under section 38 of the Arms Export Control Act (22 U.S.C. 2778) and all other export control and sanctions authorities exercised by Federal departments and agencies, particularly the Department of State, the Department of the Treasury, and the Department of Energy.
(2) Sense of Congress
It is the sense of Congress that in order to achieve effective coordination described in paragraph (1), such Federal departments and agencies—
(A) should continuously work to create enforceable regulations with respect to the export, reexport, and in-country transfer by United States and foreign persons of commodities, software, technology, and services to various end uses and end users for foreign policy and national security reasons;
(B) should regularly work to reduce complexity in the system, including complexity caused merely by the existence of structural, definitional, and other non-policy based differences between and among different export control and sanctions systems; and
(C) should coordinate controls on items exported, reexported, or in-country transferred in connection with a foreign military sale under chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et seq.) or a commercial sale under section 38 of the Arms Export Control Act [22 U.S.C. 2778] to reduce as much unnecessary administrative burden as possible that is a result of differences between the exercise of those two authorities.
(c) Nonproliferation controls
Nothing in this subchapter shall be construed to supersede the procedures published by the President pursuant to section 2139a(c) of title 42.
(Pub. L. 115–232, div. A, title XVII, § 1767, Aug. 13, 2018, 132 Stat. 2233.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this part”, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.
The Arms Export Control Act, referred to in subsec. (b)(2)(C), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320. Chapter 2 of the Act is classified generally to subchapter II (§ 2761 et seq.) of chapter 39 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.
50 U.S.C. § 4843 (WAR AND NATIONAL DEFENSE)
§ 4843. Enforcement
(a) Criminal penalty
A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act under section 4842 of this title—
(1) shall, upon conviction, be fined not more than $1,000,000; or
(2) if a natural person, may be imprisoned for not more than 20 years, or both.
(b) Civil penalties
The President may impose the following civil penalties on a person who violates section 4842 of this title or any regulation issued under this subchapter:
(1) A fine of not more than $300,000 or an amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed, whichever is greater.
(2) Revocation of a license issued under subchapter I to the person.
(3) A prohibition on the person’s ability to export, reexport, or in-country transfer any items controlled under subchapter I.
(c) Procedures
Any civil penalty or administrative sanction (including any suspension or revocation of authority to export) under this section may be imposed only after notice and opportunity for an agency hearing on the record in accordance with sections 554 through 557 of title 5 and shall be subject to judicial review in accordance with chapter 7 of such title.
(d) Standards for levels of civil penalty
The President may by regulation provide standards for establishing levels of civil penalty under this section based upon factors such as the seriousness of the violation, the culpability of the violator, and the violator’s record of cooperation with the Government in disclosing the violation.
(Pub. L. 115–232, div. A, title XVII, § 1774, Aug. 13, 2018, 132 Stat. 2237; Pub. L. 116–283, div. A, title X, § 1081(d)(11), Jan. 1, 2021, 134 Stat. 3874.)
heading: Editorial Notes
heading: References in Text
text: Subchapter I, referred to in subsec. (b)(2), (3), was in the original “part I”, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to subchapter I of this chapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283 inserted “under” before “section 4842 of this title”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(11) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232.
50 U.S.C. § 4851 (WAR AND NATIONAL DEFENSE)
§ 4851. Under Secretary of Commerce for Industry and Security
(a) Under Secretary of Commerce for Industry and Security
The President shall appoint, by and with the advice and consent of the Senate, an Under Secretary of Commerce for Industry and Security, who shall carry out—
(1) all functions of the Secretary under this chapter; and
(2) all functions delegated to the Under Secretary of Commerce for Export Administration on the day before the date of the enactment of this Act.
(b) Reference
On and after August 13, 2018, any reference in any law or regulation to the Under Secretary of Commerce for Export Administration shall be deemed to be a reference to the Under Secretary of Commerce for Industry and Security.
(c) Omitted
(d) Continuation in office
The individual serving as Under Secretary of Commerce for Export Administration on the day before August 13, 2018, may serve as the Under Secretary of Commerce for Industry and Security on and after that date without the need for renomination or reappointment.
(Pub. L. 115–232, div. A, title XVII, § 1781, Aug. 13, 2018, 132 Stat. 2238; Pub. L. 116–6, div. H, title II, § 205(a), Feb. 15, 2019, 133 Stat. 476.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a)(1), was in the original “this subtitle”, meaning subtitle B (§§ 1741–1781) of title XVII of div. A of Pub. L. 115–232, Aug. 13, 2018, 132 Stat. 2208, known as the Export Control Reform Act of 2018, which is classified principally to this chapter. For complete classification of subtitle B to the Code, see section 1741 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.
The date of the enactment of this Act, referred to in subsec. (a)(2), probably means the date of enactment of Pub. L. 115–232, which enacted this section and was approved Aug. 13, 2018.
heading: Codification
text: Section is comprised of section 1781 of Pub. L. 115–232. Subsec. (c) of section 1781 of Pub. L. 115–232 amended section 5314 of Title 5, Government Organization and Employees.
heading: Amendments
text: 2019—Pub. L. 116–6, § 205(a)(3), added subsec. (a). Former subsec. (a) redesignated (b).
Subsec. (b). Pub. L. 116–6, § 205(a)(1), (2), redesignated subsec. (a) as (b) and substituted “Reference” for “In general” in heading. Former subsec. (b) redesignated (c).
Subsecs. (c), (d). Pub. L. 116–6, § 205(a)(1), redesignated subsecs. (b) and (c) as (c) and (d), respectively.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2019 Amendment
text: Pub. L. 116–6, div. H, title II, § 205(d), Feb. 15, 2019, 133 Stat. 477, provided that: “The amendments made by this section [amending this section and section 5314 of Title 5, Government Organization and Employees] shall take effect as if included in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232).”
50 U.S.C. § 4852 (WAR AND NATIONAL DEFENSE)
§ 4852. Assistant Secretaries of Commerce
(a) In general
The President shall appoint, by and with the advice and consent of the Senate, two Assistant Secretaries of Commerce to assist the Under Secretary of Commerce for Industry and Security in carrying out the functions described in paragraphs (1) and (2) of section 4851(a) of this title.
(b) Continuation in office of one Assistant Secretary
An individual appointed as an Assistant Secretary of Commerce under section 15(a) of the Export Administration Act of 1979 1 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) and serving in that position on the day before the date of the enactment of this Act may serve in one of the Assistant Secretary positions established under subsection (a) on and after that date without the need for renomination or reappointment.
(Pub. L. 115–232, div. A, title XVII, § 1782, as added Pub. L. 116–6, div. H, title II, § 205(b), Feb. 15, 2019, 133 Stat. 476.)
heading: Editorial Notes
heading: References in Text
text: Section 15(a) of the Export Administration Act of 1979, referred to subsec. (b), was classified to section 4617(a) of this title prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.
The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), referred to in subsec. (b), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.
The date of the enactment of this Act, referred to in subsec. (b), probably means the date of enactment of Pub. L. 115–232, which was approved Aug. 13, 2018.
16 U.S.C. § 4406 (CONSERVATION)
§ 4406. Amounts available to carry out this chapter
(a) Omitted
(b) Migratory bird fines, penalties, forfeitures
The sums received under section 707 of this title as penalties or fines, or from forfeitures of property are authorized to be appropriated to the Department of the Interior for purposes of allocation under section 4407 of this title. This subsection shall not be construed to require the sale of instrumentalities.
(c) Authorization of appropriations
In addition to the amounts made available under subsections (a) and (b) of this section, there are authorized to be appropriated to the Department of the Interior for purposes of allocation under section 4407 of this title not to exceed $60,000,000 for each of fiscal years 2021 through 2025.
(d) Availability of funds
Sums made available under this section shall be available until expended.
(Pub. L. 101–233, § 7, Dec. 13, 1989, 103 Stat. 1974; Pub. L. 103–375, § 4, Oct. 19, 1994, 108 Stat. 3495; Pub. L. 105–312, title III, § 302, Oct. 30, 1998, 112 Stat. 2958; Pub. L. 106–553, § 1(a)(2) [title IX, § 902(i)], Dec. 21, 2000, 114 Stat. 2762, 2762A–124; Pub. L. 107–308, § 5, Dec. 2, 2002, 116 Stat. 2447; Pub. L. 109–322, § 2, Oct. 11, 2006, 120 Stat. 1756; Pub. L. 116–188, title I, § 106, Oct. 30, 2020, 134 Stat. 917.)
heading: Codification
text: Section is comprised of section 7 of Pub. L. 101–233. Subsec. (a) of section 7 of Pub. L. 101–233 amended sections 669b and 669c of this title and enacted provisions set out as a note under section 669b of this title.
heading: Amendments
text: 2020—Subsec. (c). Pub. L. 116–188 substituted “not to exceed $60,000,000 for each of fiscal years 2021 through 2025.” for “not to exceed—” and pars. (1) to (5), authorizing appropriations for fiscal years 2003 through 2006 and fiscal years 2008 through 2012.
2006—Subsec. (c)(5). Pub. L. 109–322 substituted “each of fiscal years 2008 through 2012” for “fiscal year 2007”.
2002—Subsec. (c). Pub. L. 107–308 substituted “not to exceed—” and pars. (1) to (5) for “not to exceed $50,000,000 for each of fiscal years 1999 through 2003.”
2000—Subsec. (c). Pub. L. 106–553 substituted “$50,000,000” for “$30,000,000”.
1998—Subsec. (c). Pub. L. 105–312 substituted “not to exceed $30,000,000 for each of fiscal years 1999 through 2003.” for “not to exceed $20,000,000 for each of fiscal years 1995 and 1996 and $30,000,000 for each of fiscal years 1997 and 1998.”
1994—Subsec. (c). Pub. L. 103–375 substituted “$20,000,000 for each of fiscal years 1995 and 1996 and $30,000,000 for each of fiscal years 1997 and 1998” for “$15,000,000 for each of fiscal years 1991, 1992, 1993, and 1994”.
(EDUCATION)
§§ 1, 2. Repealed. Pub. L. 92–318, title III, § 301(b)(2)(A), June 23, 1972, 86 Stat. 332
text: Section 1, R.S. § 516, established Office of Education and provided for purpose and duties of Office.
text: Section 2, R.S. § 517, provided for appointment of a Commissioner of Education to manage Office of Education.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Pub. L. 92–318, title III, § 301(b)(2)(A), June 23, 1972, 86 Stat. 332, provided that the repeal is effective July 1, 1972.
heading: Executive Documents
heading: Executive Order No. 11185
text: Ex. Ord. No. 11185, Oct. 16, 1964, 29 F.R. 14399, as amended by Ex. Ord. No. 11260, Dec. 11, 1965, 30 F.R. 15395; Ex. Ord. No. 11661, Mar. 24, 1972, 37 FR 6281, which provided for the coordination of federal education programs, was superseded by Ex. Ord. No. 11761, Jan. 17, 1974, 39 F.R. 2345, formerly set out under section 1221 of this title.