Number:

DAO 201-1

Request for the Creation of a New Symbol or Use by an Outside Party (Form CD-506)

SECTION 1. PURPOSE.

.01 This Order describes the Seal of the Department of Commerce (The Department), the Seal of the U.S. Census Bureau, and the Seal of the U.S. Patent and Trademark Office, as well as delegates authority to certify the official nature of copies of agency documents. The Order also prescribes the policies and procedures for the creation and use of seals, emblems, insignia, and logos of the Department, including licensing their use to outside parties.

.02 This revision:

a. Incorporates into this Order the substance of Department Administrative Order 201-17 "The Seal of the Department of Commerce," which is now revoked. b. Clarifies the definitions of seals, emblems, insignias, and logos (collectively referred to as "symbols").

c. Updates and clarifies language throughout, including the processes for: (1) affixing the Department seal to official documents; (2) creating a new symbol; and (3) licensing the use of symbols by outside parties.

d. Changes references to the Office of Administrative Services (OAS) to instead refer to the Office of Facilities and Environmental Quality (OFEQ).

e. Changes refences to the Office of the Assistant General Counsel for Administration to instead refer to the Office of the Deputy General Counsel for Administration.

f. Changes the name of the Order from Approval and Use of Seals, Emblems, Insignia and Logos to Symbols of the Department of Commerce.

SECTION 2. DEFINITIONS.

.01 The following definitions apply for the purpose of this Order:

a. Seal. A seal is a device, authorized by statute, used for authenticating documents and for other purposes of identification. It consists of a symbolic design and pertinent organizational titles. An image of a seal may be used in digital or print media, but for purposes of this Order shall still be referred to as a seal. b. Emblem. An emblem is a graphical representation or image that serves as a symbolic design to identify primary operating units within the Department. Emblems incorporate the "U.S. Department of Commerce" within the emblem design, which distinguishes them from Logos. Notwithstanding the previous sentence, the NOAA Commissioned Corps symbol as described in NOAA Administrative Order 201-114 shall be considered an emblem for the purposes of this policy.

c. Insignia. An insignia is a badge, distinguishing mark, or official mark of rank, office, or membership of an organization and is worn by uniformed personnel, namely, those in the NOAA Corps, in accordance with established policy, regulation, or directive for the relevant operating unit.

d. Logo. A logo is a graphical representation, image, abbreviation, or organizational name used to identify a Departmental office, a primary operating unit, constituent operating units, a publication or publication series, or a major program activity. Logos often are used only for a specified project or time period.

e. Symbols. The collective reference for seals, emblems, insignia, and logos.

f. Outside Parties. Any non-Departmental individual, organization, or entity; Department employees when the use is not for an official purpose; and voluntary employee organizations.

SECTION 3. POLICY. .01 The appropriate use of the Department's symbols is critical to maintaining the Department's reputation as well as protecting the symbols as trademarks and thus the intellectual property of the Department.The creation of Department symbols shall be limited to those that are absolutely necessary, and they shall be used only in a manner that is consistent with the values and mission of the Department.

.02 The Office of Facilities and Environmental Quality (OFEQ) within the Office of the Chief Financial Officer and Assistant Secretary for Administration (CFO/ASA) shall be responsible for overseeing compliance with this Order, for issuing such supplemental policy as may be necessary for its implementation, and for maintaining a repository of all Department symbols.

.03 Any responsibilities assigned in this order to a public affairs office or equivalent may be delegated by the head of the primary operating unit to any other office of the operating unit, such as constituent operating unit public affairs or program offices.

SECTION 4. DESIGN AND USE OF SEALS BY THE DEPARTMENT. .01 There shall be one Department of Commerce seal as provided by 15 U.S.C. 1501 and 15 C.F.R. 1.2, as well as two operating unit seals - the U.S. Census Bureau seal, as provided by 13 U.S.C. 3, and the U.S. Patent and Trademark Office seal, as provided by 35 U.S.C. 2(b)(1).The design of each seal shall include the inscription "U.S. Department of Commerce," unless otherwise prescribed by the statute authorizing the seal. Each seal shall comply with the statute authorizing its creation. No other seals are authorized to be created or used unless provided by statute enacted after the issuance of this Order, and nothing in this Order shall affect the acquisition, use, or control by primary operating units of seals authorized by law.

.02 Use of Seals for Authentication.

a. The Deputy Director, OFEQ and the Chief Administrative Officer of each primary operating unit may act as certifying officers to authenticate copies of records from the files, publications, and other documents of the Department for the purposes of 28 U.S.C. 1733(b) and as otherwise authorized by law and to affix the seal of the Department or primary operating unit, as appropriate, using approved embossing dies for such purpose. Other officials may be delegated certifying officer authority only by the Deputy Director.

b. The Chief Administrative Officer of each primary operating unit shall be responsible for monitoring all delegations of certifying officer authority granted to officials of that operating unit by the Deputy Director, OFEQ and shall report annually to the Deputy Director on whether such delegations continue to be necessary.The Deputy Director shall be responsible for similarly monitoring delegations of certifying officer authority to officials in the Office of the Secretary.Delegations of certifying officer authority determined to be unnecessary by the Deputy Director shall be revoked.

c. Each certifying officer is authorized to obtain through the Deputy Director, OFEQ or the Chief Administrative Officer of the relevant primary operating unit one embossing die.Unserviceable or unneeded embossing dies shall be sent to either the Deputy Director or the Chief Administrative Officer.

d. Certifying officers shall take necessary steps to prevent the misuse, loss, or theft of embossing dies.Should such an event occur, it shall be reported immediately to the Chief Administrative Officer of the relevant primary operating unit who shall provide a written report to the Deputy Director, OFEQ.

e. Certifying officers may authenticate materials by attestation of a record custodian's certification or by personal certification.

i. When the custodian of a record certifies material as a true copy of the record, a certifying officer may certify that the official named in the certification is in fact the custodian of the record and that full faith and credit should be given to custodian's certification as such. In such case, a Form CD-64 shall be used to certify the record. ii. When a certifying officer personally certifies material as a true copy of the record, the language shall be the same as the custodian's certification in the Form CD-64, such language to be followed by the statement "For the Secretary of Commerce," the signature and title "Certifying Officer," and the imprint of the seal of the Department or primary operating unit, as appropriate. The certification may be made on a separate sheet of paper for attachment to the material to be certified or typed on the first page of the material to be certified.

.03 Use of Seals on Letterhead and Business Cards.

a. The Department of Commerce seal must appear on all official letterheads, envelopes, notecards, publications, brochures, electronic documents, etc. Primary operating units also may choose to use their own approved seal or emblem on letterhead in lieu of the Department of Commerce seal. In all cases, only one seal or emblem may appear on the letterhead, along with the words "U.S. Department of Commerce," which must be displayed in a prominent location. If the relevant primary operating unit does not have an approved seal or emblem, the Department of Commerce seal must be used. b. For business cards, the Department of Commerce seal, the "Great Seal of the United States," or a primary operating unit seal or emblem shall be used. The words "U.S. Department of Commerce" must appear prominently on the card.

SECTION 5. DESIGN AND USE OF OTHER SYMBOLS BY THE DEPARTMENT.

.01 Emblems. Each primary operating unit is authorized one (1) emblem, as approved by the Secretary.

a. Emblems shall include the inscription "U.S. Department of Commerce" prominently within the emblem design. If an existing emblem has not incorporated this design requirement, a credit line highlighting the "U.S. Department of Commerce" shall always be used in conjunction with the emblem.

b. Emblems may be used on any surface where identification is required or desirable, including publications, flags, vehicles, aircraft, exhibits, displays, podiums, uniforms, projected visuals, or other media (e.g., websites or social media) representing official Department communications.

c. Insignias and logos shall not be used as emblems.

.02 Insignias.Insignias should be worn in accordance with established policy, regulation, or directive of the relevant operating unit.

.03 Logos. Logos may be used on any printed or electronic material where identification is required or desirable for a Departmental office, primary operating unit, constituent operating unit, office, mission, operation, project, or program.

SECTION 6. CREATION AND REDESIGN OF SYMBOLS.

.01 New symbols shall be created only if there is a mission-related necessity.This shall be determined based upon the proposed symbol's expected contribution to the successful accomplishment of the related mission, program, or activity.

.02 The creation of all new symbols shall be documented and approved using a Form CD-506, which shall include:

a. a description of the design of the new symbol and how it will be used along with a high- resolution digital mockup of the symbol and, in the case of an emblem or logo, a draft document exemplifying the way the symbol would be used, including its placement; and

b. a description of the Department or operating unit interest(s) that will be satisfied, supported, or fulfilled through its creation and why its creation is a mission-related necessity.

.03 The creation of a new symbol must be approved/cleared by:

a. The public affairs office or equivalent of the relevant primary operating unit, which shall be responsible for performing a complete evaluation of the proposed symbol, including need, cost- effectiveness, publication requirements, quality and consistency of design, and alignment with communication objectives and principles for the release of information; and advising the operating unit head of its evaluation and the appropriate use of the logo in the public;

b. The Office of Public Affairs of the Office of the Secretary if the symbol is a seal, emblem, insignia, Office of the Secretary logo, or operating unit logo if the operating unit intends to use the logo as its primary identifier in lieu of its emblem, which shall, similar to subsection .03(a) above, provide a complete evaluation of the proposed symbol;

c. The Office of the Deputy General Counsel for Administration, which shall review the symbol to prevent potential infringement;

d. The CFO/ASA, through OFEQ, if the symbol is a seal, emblem, insignia, or Office of the Secretary logo, which shall perform a complete technical evaluation of the design of the symbol;

e. The head of the relevant Departmental office or primary operating unit head, which may not be delegated further in the case of an emblem; and

f. The Secretary via the CFO/ASA if the symbol is a seal.

.04 For symbols requiring the approval of the CFO/ASA, the completed Form CD-506 shall be submitted to OFEQ by the public affairs office or equivalent that services the relevant Departmental office or primary operating unit, which shall coordinate its review of the symbol with the Office of Public Affairs and the Office of the Deputy General Counsel for Administration.

.05 For symbols not requiring the approval of the CFO/ASA, the public affairs office or equivalent of the operating unit shall submit the completed Form CD-506 to the Office of Public Affairs and the Office the Deputy General Counsel for Administration directly for review, as appropriate.

.06 A high-resolution digital copy of any symbol not requiring the approval of the CFO/ASA shall be submitted to OFEQ by the public affairs office or equivalent of the relevant primary operating unit upon its approval by the head of the operating unit for the purpose of retaining the symbol in a centralized repository of Department symbols.

.07 Upon approval, new symbols may be eligible for registration with the United States Patent and Trademark Office, which provides increased protection of the symbol.The public affairs office or equivalent of the relevant Departmental office or primary operating unit shall promptly contact the Office of the Deputy General Counsel for Administration for advice on whether registration may be appropriate and for assistance in filing an application for registration if registration is desired.

.08 When an existing symbol is redesigned, or a major change in mission or organization occurs, the symbol must be re-approved in accordance with this Order as if it is a new symbol.Approval under this Order to use an emblem shall expire automatically when an operating unit terminates.

SECTION 7. USE OF SYMBOLS BY OUTSIDE PARTIES.

.01 There may be circumstances where it is desirable or appropriate to permit outside parties to use Department symbols to identify the party's association with the Department, an operating unit, or its programs and activities, or to bring public attention to the same where necessary for the effective accomplishment of the Department's mission.

.02 Use of a symbol by an outside party must be approved by:

a. The Office of Public Affairs of the Office of the Secretary if the symbol is the Department's seal or an Office of the Secretary logo; b. OFEQ for technical review (e.g. design consistency, resolution and clarity, size and dimension, uniformity with other marks used, compliance with the Department's Publishing and Printing Management Manual, etc.) if the symbol is the Department's seal;

c. The head of the Departmental office or primary operating unit that originated the symbol or their designee including a review by that unit's public affairs office or equivalent, except that use by a Federal, state, or local government party may be approved by the operating unit's public affairs office or equivalent.

.03 If approved, permission may be granted by the relevant head of a Departmental office or primary operating unit or their designee to an outside party to use a symbol.

.04 Approval shall be sought through the submission of a Form CD-506 by a sponsoring program official to the appropriate approving officials via the public affairs office or equivalent that services the relevant Departmental office or primary operating unit.

.05 Use of a symbol by an outside party may be approved only if the use:

a. furthers a Department mission, which may include consideration of the effect on employee morale where the outside party is an employee who would be using the symbol for other than an official purpose or a voluntary employee organization; b. will not result in embarrassment to the Department;

c. will not, nor would it appear to a reasonable person to, constitute favoritism towards or an improper endorsement of the outside party, nor would the use otherwise call into question the integrity of agency programs;

d. will not in any way suggest that the symbol is the property of the outside party or otherwise diminish the U.S. Government's trademark rights in the symbol; and

e. except where the outside party is a Federal agency, will be governed by a written license agreement using templates maintained by the Office of the Deputy General Counsel for Administration and signed by the head of the relevant Departmental office or primary operating unit, or their designee, which specifically describes the manner, circumstances, and time period in which the outside party may use the symbol.

i. The template license agreements shall be available at https://ogc.commerce.gov/collection/general-law-division. ii. Any deviations from or modifications to the template license agreements or use of any other license agreement must be reviewed in advance by the Office of the Deputy General Counsel for Administration.

.06 In evaluating the criteria above, the approving official shall take into consideration:

a. the proposed use of the symbol by the outside party, including the size and location of the image and its proximity to symbols or banners of other organizations, agencies, businesses, or other entities, to be evaluated through the submission of a mock-up of the proposed use of the symbol with the Form CD-506 required by this section; and b. the relationship of the outside party to the Department.

.07 Any policy developed by a Departmental office or operating unit to supplement this DAO shall be subject to advance review and clearance by the Office of the Deputy General Counsel for Administration.

SECTION 8. CONFORMANCE.

As used in this Order, the Office of Facilities and Environmental Quality is that office described in Department Organization Order (DOO) 20-1, the Office of Public Affairs is that office described in DOO 15-3, and the Office of the Deputy General Counsel for Administration is that office described in DOO 10-6, in effect on the date of this Order. In the event these offices may be renamed or reorganized after the effective date of this Order, the references to those offices in this Order shall be read to refer to the successor office as provided in the relevant superseding DOO.

SECTION 9. EFFECT ON OTHER ORDERS.

This Order supersedes Department Administrative Order 201-1, dated May 2, 2008; and incorporates the substance of Department Administrative Order 201-17, dated March 17, 2008, which is now revoked.

Signed by: Acting Chief Financial Officer & Assistant Secretary for Administration

Approved by: Deputy Secretary of Commerce

Office of Primary Interest: Office of Facilities and Environmental Quality