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Title 50 — War and National Defense

Chapter 58 — Export Control Reform

§ 4851. Under Secretary of Commerce for Industry and Security

Statutory text

(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 , 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 , may serve as the Under Secretary of Commerce for Industry and Security on and after that date without the need for renomination or reappointment.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Export Control Reform Act of 2018

    Pub. L. 115–232 div. A title XVII § 1781 · 132 Stat. 1636

    Enacted · 50 U.S.C. § 4851

    Pub. L. 115–232, div. A, title XVII, § 1781, Aug. 13, 2018, 132 Stat. 2238

    Source evidence

    Code source credit
    Pub. L. 115–232, div. A, title XVII, § 1781, Aug. 13, 2018, 132 Stat. 2238

    Enacted provision · exact public law section
    SEC. 1781. UNDER SECRETARY OF COMMERCE FOR INDUSTRY AND SECURITY. (a) In General.— On and after the date of the enactment of this Act, 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. (b) Title 5.— Section 5314 of title 5, United States Code, is amended by striking “Under Secretary of Commerce for Export Administration” and inserting “Under Secretary of Commerce for Industry and Security”. (c) Continuation in Office.— The individual serving as Under Secretary of Commerce for Export Administration on the day before the date of the enactment of this Act may serve as the Under Secretary of Commerce for Industry and Security on and after that date without the need for renomination or reappointment.

    Effective date note
    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).”

  2. Department of Homeland Security Appropriations Act, 2019

    Pub. L. 116–6 § 205(a)(3) · 133 Stat. 13

    Redesignated · 50 U.S.C. § 4851

    Pub. L. 116–6, § 205(a)(3), added subsec. (a). Former subsec. (a) redesignated (b)

    Source evidence

    Code amendment note
    Pub. L. 116–6, § 205(a)(3), added subsec. (a). Former subsec. (a) redesignated (b).

    Enacted provision · exact public law section
    Sec. 205. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further, That the prescription drug may not be— (1) a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or (2) a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).

    Effective date note
    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).”

  3. Department of Homeland Security Appropriations Act, 2019

    Pub. L. 116–6 § 205(a)(1) · 133 Stat. 13

    1. Redesignated · 50 U.S.C. § 4851(b)

      Pub. L. 116–6, § 205(a)(1), (2), redesignated subsec. (a) as (b)

    2. Redesignated · 50 U.S.C. § 4851(b)

      Pub. L. 116–6, § 205(a)(1), (2), substituted “Reference” for “In general” in heading. Former subsec. (b) redesignated (c)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    Sec. 205. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further, That the prescription drug may not be— (1) a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or (2) a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).

    Effective date note
    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).”

  4. Department of Homeland Security Appropriations Act, 2019

    Pub. L. 116–6 § 205(a)(1) · 133 Stat. 13

    Redesignated · 50 U.S.C. § 4851(c); 50 U.S.C. § 4851(d)

    Pub. L. 116–6, § 205(a)(1), redesignated subsecs. (b) and (c) as (c) and (d), respectively

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 116–6, § 205(a)(1), redesignated subsecs. (b) and (c) as (c) and (d), respectively.

    Enacted provision · exact public law section
    Sec. 205. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further, That the prescription drug may not be— (1) a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or (2) a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262).

    Effective date note
    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).”

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in 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, , 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 .

Codification

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.

Amendments

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.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–6, div. H, title II, § 205(d), , 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).”

Credits

2018–2019 · 2 acts
  1. 2018Pub. L. 115–232, div. A, title XVII, § 1781, , 132 Stat. 2238
  2. 2019Pub. L. 116–6, div. H, title II, § 205(a), , 133 Stat. 476.
Show as published

(Pub. L. 115–232, div. A, title XVII, § 1781, , 132 Stat. 2238; Pub. L. 116–6, div. H, title II, § 205(a), , 133 Stat. 476.)

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USLM identifier /us/usc/t50/s4851