15 U.S.C. § 4051 — Requirement of prior authorization
submitted 41 years ago by Pub. L. 99-64 to r/title-15-COMMERCE-AND-TRADE · 485 words · no verdicts yet
Commerce Department export-promotion funds may be used only when the spending was previously authorized or stays within a previously set amount. Later authorizing legislation can remove the limit, but this section may be superseded only specifically.
(a) General rule. Despite any other law, money appropriated to Commerce for an export-promotion program may be obligated or spent only if: (1) the appropriation was previously authorized by a law enacted on or after July 12, 1985; or (2) the total obligations and spending do not exceed an amount previously set by a law enacted on or after that date.
(b) Later authorization. If legislation enacted after the appropriation authorizes its obligation or spending, subsection (a)'s limit does not apply to the extent of that authorization.
(c) Specific supersession required. This section can be superseded only by a law enacted after July 12, 1985 that specifically repeals, changes, or supersedes it.
(d) Definition. For this subchapter, “export promotion program” means any Commerce activity designed to stimulate or help United States businesses market goods and services abroad in competition with businesses from other countries. It includes: (1) trade development, except trade-adjustment assistance, and sharing foreign marketing opportunities and other marketing information with United States producers, including expanding foreign markets for United States textiles, apparel, and other products; (2) regional and multilateral economic policies that improve United States trade and investment interests, and marketing services concerning foreign countries and regions; (3) exhibiting United States goods in other countries; (4) operating the United States and Foreign Commercial Service or a successor agency; and (5) the Market Development Cooperator Program under section 4723 and trade-show assistance under section 4724.
(e) Printing outside the United States. (1) Despite section 501 of title 44 and consistent with other applicable law, the Secretary of Commerce may authorize, for an export-promotion program: (A) printing, distributing, and selling documents outside the contiguous United States if doing so would be more efficient and the documents will be distributed mainly and sold only outside the United States; and (B) accepting private notices and advertisements connected with printing and distributing those documents. (2) Fees received under paragraph (1) must go into a separate account or accounts. Those accounts may directly pay the authorized activity's costs or repay or advance appropriations or other funds available for those activities.
Notwithstanding any other provision of law, money appropriated to the Department of Commerce for expenses to carry out any export promotion program may be obligated or expended only if—
the appropriation thereof has been previously authorized by law enacted on or after July 12, 1985; or
the amount of all such obligations and expenditures does not exceed an amount previously prescribed by law enacted on or after such date.
To the extent that legislation enacted after the making of an appropriation to carry out any export promotion program authorizes the obligation or expenditure thereof, the limitation contained in subsection (a) shall have no effect.
The provisions of this section shall not be superseded except by a provision of law enacted after July 12, 1985, which specifically repeals, modifies, or supersedes the provisions of this section.
For purposes of this subchapter, the term “export promotion program” means any activity of the Department of Commerce designed to stimulate or assist United States businesses in marketing their goods and services abroad competitively with businesses from other countries, including, but not limited to—
trade development (except for the trade adjustment assistance program) and dissemination of foreign marketing opportunities and other marketing information to United States producers of goods and services, including the expansion of foreign markets for United States textiles and apparel and any other United States products;
the development of regional and multilateral economic policies which enhance United States trade and investment interests, and the provision of marketing services with respect to foreign countries and regions;
the exhibition of United States goods in other countries;
the operations of the United States and Foreign Commercial Service, or any successor agency; and
the Market Development Cooperator Program established under section 4723 of this title, and assistance for trade shows provided under section 4724 of this title.
Notwithstanding the provisions of section 501 of title 44, and consistent with other applicable law, the Secretary of Commerce, in carrying out any export promotion program, may authorize—
the printing, distribution, and sale of documents outside the contiguous United States, if the Secretary finds that the implementation of such export promotion program would be more efficient, and if such documents will be distributed primarily and sold exclusively outside the United States; and
the acceptance of private notices and advertisements in connection with the printing and distribution of such documents.
Any fees received by the Secretary pursuant to paragraph (1) shall be deposited in a separate account or accounts which may be used to defray directly the costs incurred in conducting activities authorized by paragraph (1) or to repay or make advances to appropriations or other funds available for such activities.
Source credit: (Pub. L. 99–64, title II, § 201, July 12, 1985, 99 Stat. 157; Pub. L. 100–418, title II, §§ 2305(a), 2308(a), Aug. 23, 1988, 102 Stat. 1344, 1346.)
- 1985Enacted · Pub. L. 99-64 · 99 Stat. 157
- 1988Amended · Pub. L. 100-418 · 102 Stat. 1344, 1346
A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-64 on 1985-07-12.
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