50a U.S. Code Rule - Administrative and regulatory authority

(a) Under Secretary of Commerce
The President shall appoint, by and with the advice and consent of the Senate, an Under Secretary of Commerce for Export Administration who shall carry out all functions of the Secretary under this Act [sections 2401 to 2420 of this Appendix] and such other statutes that relate to national security which were delegated to the office of the Assistant Secretary of Commerce for Trade Administration before the date of the enactment of the Export Administration Amendments Act of 1985 [July 12, 1985], and such other functions under this Act [sections 2401 to 2420 of this Appendix] which were delegated to such office before such date of enactment, as the Secretary may delegate. The President shall appoint, by and with the advice and consent of the Senate, two Assistant Secretaries of Commerce to assist the Under Secretary in carrying out such functions.
(b) Issuance of regulations
The President and the Secretary may issue such regulations as are necessary to carry out the provisions of this Act [sections 2401 to 2420 of this Appendix]. Any such regulations issued to carry out the provisions of section 5 (a), 6 (a), 7 (a), or 8 (b) [section 2404 (a), 2405 (a), 2406 (a), or 2407 (b) of this Appendix] may apply to the financing, transporting, or other servicing of exports and the participation therein by any person. Any such regulations the purpose of which is to carry out the provisions of section 5 [section 2404 of this Appendix], or of section 4 (a) [section 2403 (a) of this Appendix] for the purpose of administering the provisions of section 5 [section 2404 of this Appendix], may be issued only after the regulations are submitted for review to the Secretary of Defense, the Secretary of State, such other departments and agencies as the Secretary considers appropriate, and the appropriate technical advisory committee. The preceding sentence does not require the concurrence or approval of any official, department, or agency to which such regulations are submitted.
(c) Amendments to regulations
If the Secretary proposes to amend regulations issued under this Act [sections 2401 to 2420 of this Appendix], the Secretary shall report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives on the intent and rationale of such amendments. Such report shall evaluate the cost and burden to United States exporters of the proposed amendments in relation to any enhancement of licensing objectives. The Secretary shall consult with the technical advisory committees authorized under section 5(h) of this Act [section 2404 (h) of this Appendix] in formulating or amending regulations issued under this Act [sections 2401 to 2420 of this Appendix]. The procedures defined by regulations in effect on January 1, 1984, with respect to sections 4 and 5 of this Act [sections 2403 and 2404 of this Appendix], shall remain in effect unless the Secretary determines, on the basis of substantial and reliable evidence, that specific change is necessary to enhance the prevention of diversions of exports which would prove detrimental to the national security of the United States or to reduce the licensing and paperwork burden on exporters and their distributors.

Source

(Pub. L. 96–72, § 15,Sept. 29, 1979, 93 Stat. 533; Pub. L. 99–64, title I, § 116(a),July 12, 1985, 99 Stat. 152; Pub. L. 100–418, title II, §§ 2420(b), 2429,Aug. 23, 1988, 102 Stat. 1358, 1362.)
Amendments

1988—Subsec. (a). Pub. L. 100–418, § 2429, inserted “and such other statutes that related to national security” after “Secretary under this Act”.
Subsec. (b). Pub. L. 100–418, § 2420(b), substituted “such other” for “and such other” and inserted “, and the appropriate technical advisory committee” after “appropriate”.
1985—Pub. L. 99–64substituted “Administrative and regulatory authority” for “Regulatory authority” as section catchline, and amended text generally. Prior to amendment, section read as follows: “The President and the Secretary may issue such regulations as are necessary to carry out the provisions of this Act. Any such regulations issued to carry out the provisions of section 5 (a), 6 (a), 7 (a), or 8 (b) may apply to the financing, transporting, or other servicing of exports and the participation therein by any person.”
Effective Date of 1985 Amendment

Subsec. (a) of this section effective Oct. 1, 1987, see section 116(d) ofPub. L. 99–64, set out as a note under section 5314 of Title 5, Government Organization and Employees.
Delegation of Functions

Functions conferred upon President under this section delegated to Secretary of Commerce by Ex. Ord. No. 12214, May 2, 1980, 45 F.R. 29783, set out under section 2403 of this Appendix.
Spending Authority Under 1985 Amendment

Pub. L. 99–64, title I, § 116(e),July 12, 1985, 99 Stat. 153, provided that: “Any new spending authority (within the meaning of section 401 of the Congressional Budget Act of 1974 [2 U.S.C. 651]) which is provided under this section [amending this section and sections 5314 and 5315 of Title 5, Government Organization and Employees] shall be effective for any fiscal year only to the extent or in such amounts as are provided in appropriation Acts.”

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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15 CFR - Commerce and Foreign Trade

15 CFR Part 730 - GENERAL INFORMATION

15 CFR Part 732 - STEPS FOR USING THE EAR

15 CFR Part 734 - SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS

15 CFR Part 736 - GENERAL PROHIBITIONS

15 CFR Part 738 - COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART

15 CFR Part 740 - LICENSE EXCEPTIONS

15 CFR Part 742 - CONTROL POLICY—CCL BASED CONTROLS

15 CFR Part 743 - SPECIAL REPORTING

15 CFR Part 744 - CONTROL POLICY: END-USER AND END-USE BASED

15 CFR Part 746 - EMBARGOES AND OTHER SPECIAL CONTROLS

15 CFR Part 747 - SPECIAL IRAQ RECONSTRUCTION LICENSE

15 CFR Part 748 - APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND DOCUMENTATION

15 CFR Part 750 - APPLICATION PROCESSING, ISSUANCE, AND DENIAL

15 CFR Part 752 - SPECIAL COMPREHENSIVE LICENSE

15 CFR Part 754 - SHORT SUPPLY CONTROLS

15 CFR Part 756 - APPEALS

15 CFR Part 758 - EXPORT CLEARANCE REQUIREMENTS

15 CFR Part 760 - RESTRICTIVE TRADE PRACTICES OR BOYCOTTS

15 CFR Part 762 - RECORDKEEPING

15 CFR Part 764 - ENFORCEMENT AND PROTECTIVE MEASURES

15 CFR Part 766 - ADMINISTRATIVE ENFORCEMENT PROCEEDINGS

15 CFR Part 768 - FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA

15 CFR Part 770 - INTERPRETATIONS

15 CFR Part 772 - DEFINITIONS OF TERMS

15 CFR Part 774 - THE COMMERCE CONTROL LIST

37 CFR - Patents, Trademarks, and Copyrights

37 CFR Part 5 - SECRECY OF CERTAIN INVENTIONS AND LICENSES TO EXPORT AND FILE APPLICATIONS IN FOREIGN COUNTRIES

 

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