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15 U.S.C. § 4721 — United States and Foreign Commercial Service

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15 U.S.C. § 4721 — United States and Foreign Commercial Service

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Stable record: federal_law:legal_authorities:record_usc_06c886dad8ec413b746f7e86
Source file: Laws/federal/codes/united-states-code/title-15/section-4721-united-states-and-foreign-commercial-service--891947938d.md
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Source location: Title 15, Chapter 73, § 4721; chapter-073-export-enhancement.md

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**(a) Establishment** (1) **In general** — The Secretary of Commerce shall establish, within the International Trade Administration, the United States and Foreign Commercial Service. The Secretary shall, to the greatest extent practicable, transfer to the Commercial Service the functions and personnel of the United States and Foreign Commercial Services. (2) **Assistant Secretary of Commerce and Director General; other personnel** — The head of the Commercial Service shall be the Assistant Secretary of Commerce and Director General of the Commercial Service, who shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary of Commerce and Director General of the Commercial Service may appoint Commercial Service Officers and such other personnel as may be necessary to carry out the activities of the Commercial Service. (3) **Coordination with foreign policy objectives** — The Secretary shall take the necessary steps to ensure that the activities of the Commercial Service are carried out in a manner consistent with United States foreign policy objectives, and the Secretary shall consult regularly with the Secretary of State in order to comply with this paragraph. (4) **Authority of chief of mission** — All activities of the Commercial Service shall be subject to section 207 of the Foreign Service Act of 1980 ([22 U.S.C. 3927](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3927&num=0&edition=prelim)). **(b) Statement of purpose** The Commercial Service shall place primary emphasis on the promotion of exports of goods and services from the United States, particularly by small businesses and medium-sized businesses, and on the protection of United States business interests abroad by carrying out activities such as— (1) identifying United States businesses with the potential to export goods and services and providing such businesses with advice and information on establishing export businesses; (2) providing United States exporters with information on economic conditions, market opportunities, the status of the intellectual property system in such country, and the legal and regulatory environment within foreign countries; (3) providing United States exporters with information and advice on the necessary adaptation of product design and marketing strategy to meet the differing cultural and technical requirements of foreign countries; (4) providing United States exporters with actual leads and an introduction to contacts within foreign countries; (5) assisting United States exporters in locating reliable sources of business services in foreign countries; (6) assisting United States exporters in their dealings with foreign governments and enterprises owned by foreign governments; (7) assisting the coordination of the efforts of State and local agencies and private organizations which seek to promote United States business interests abroad so as to maximize their effectiveness and minimize the duplication of efforts; (8) utilizing district and foreign offices as one-stop shops for United States exporters by providing exporters with information on all export promotion and export finance activities of the Federal Government, assisting exporters in identifying which Federal programs may be of greatest assistance, and assisting exporters in making contact with the Federal programs identified; and (9) providing United States exporters and export finance institutions with information on all financing and insurance programs of the Export-Import Bank of the United States, the United States International Development Finance Corporation, the Trade and Development Program, and the Small Business Administration, including providing assistance in completing applications for such programs and working with exporters and export finance institutions to address any deficiencies in such applications that have been submitted. **(c) Offices** (1) **In general** — The Commercial Service shall conduct its activities at a headquarters office, district offices located in major United States cities, and foreign offices located in major foreign cities. (2) **Headquarters** — The headquarters of the Commercial Service shall provide such managerial, administrative, research, and other services as the Secretary considers necessary to carry out the purposes of the Commercial Service. (3) **District offices** — The Secretary shall establish district offices of the Commercial Service in any United States city in a region in which the Secretary determines that there is a need for Federal Government export assistance. (4) **Foreign offices** (A) The Secretary may, after consultation with the Secretary of State, establish foreign offices of the Commercial Service. These offices shall be located in foreign cities in regions in which the Secretary determines there are significant business opportunities for United States exporters. (B) The Secretary may, in consultation with the Secretary of State, assign to the foreign offices Commercial Service Officers and such other personnel as the Secretary considers necessary. In employing Commercial Service Officers and such other personnel, the Secretary shall use the Foreign Service personnel system in accordance with the Foreign Service Act of 1980 [[22 U.S.C. 3901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3901&num=0&edition=prelim) et seq.]. The Secretary shall designate a Commercial Officer 11 So in original. Probably should be “Commercial Service Officer”. as head of each foreign office. (C) Upon the request of the Secretary, the Secretary of State shall attach the Commercial Service Officers and other employees of each foreign office to the diplomatic mission of the United States in the country in which that foreign office is located, and shall obtain for them diplomatic privileges and immunities equivalent to those enjoyed by Foreign Service personnel of comparable rank and salary. (D) For purposes of official representation, the senior Commercial Service Officer in each country shall be considered to be the senior commercial representative of the United States in that country, and the United States chief of mission in that country shall accord that officer all privileges and responsibilities appropriate to the position of senior commercial representative of other countries. (E) The Secretary of State is authorized, upon the request of the Secretary, to provide office space, equipment, facilities, and such other administrative and clerical services as may be required for the operation of the foreign offices. The Secretary is authorized to reimburse or advance funds to the Secretary of State for such services. (F) The authority of the Secretary under this paragraph shall be subject to [section 4802 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4802&num=0&edition=prelim). **(d) Rank of Commercial Service Officers in foreign missions** (1) **Minister-Counselor** — Notwithstanding any other provision of law, the Secretary is authorized to designate up to 16 United States missions abroad at which the senior Commercial Service Officer will be able to use the diplomatic title of Minister-Counselor. The Secretary of State shall accord the diplomatic title of Minister-Counselor to the senior Commercial Service Officer assigned to a United States mission so designated. (2) **Consul General** — In any United States consulate in which a vacancy occurs in the position of Consul General, the Secretary of State, in consultation with the Secretary, shall consider filling that vacancy with a Commercial Service Officer if the primary functions of the consulate are of a commercial nature and if there are significant business opportunities for United States exporters in the region in which the consulate is located. **(e) Information dissemination** In order to carry out subsection (b)(7), to lessen the cost of distribution of information produced by the Commercial Service, and to make that information more readily available, the Secretary should establish a system for distributing that information in those areas where no district offices of the Commercial Service are located. Distributors of the information should be State export promotion agencies or private export and trade promotion associations. The distribution system should be consistent with cost recovery objectives of the Department of Commerce. **(f) Cooperation in Federal financing and insurance programs** To assist the Commercial Service in carrying out subsection (b)(9), and consistent with the provisions of [section 635i–7 of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section635i–7&num=0&edition=prelim), the Export-Import Bank of the United States, the United States International Development Finance Corporation, the Trade and Development Program, and the Small Business Administration shall each— (1) provide to the Commercial Service complete and current information on all of its programs and financing practices; and (2) undertake a training program regarding such programs and practices for Commercial Service Officers who are designated by the Assistant Secretary of Commerce and Director General of the Commercial Service. **(g) Audits** The Inspector General of the Department of Commerce shall perform periodic audits of the operations of the Commercial Service, but at least once every 3 years. The Inspector General shall report to the Congress the results of each such audit. In addition to an overview of the activities and effectiveness of Commercial Service operations, the audit shall include— (1) an evaluation of the current placement of domestic personnel and recommendations for transferring personnel among district offices; (2) an evaluation of the current placement of foreign-based personnel and recommendations for transferring such personnel in response to newly emerging business opportunities for United States exporters; and (3) an evaluation of the personnel system and its management, including the recruitment, assignment, promotion, and performance appraisal of personnel, the use of limited appointees, and the “time-in-class” system. **(h) Report by Secretary** Not later than 1 year after August 23, 1988, the Secretary shall submit a report to the Congress on the feasibility and desirability, the progress to date, the present status, and the 5-year outlook, of the comprehensive integration of the functions and personnel of the foreign and domestic export promotion operations within the International Trade Administration of the Department of Commerce. **(i) Omitted** **(j) Definitions** For purposes of this section— (1) the term “Secretary” means the Secretary of Commerce; (2) the term “Commercial Service” means the United States and Foreign Commercial Service; (3) the term “United States exporter” means— (A) a United States citizen; (B) a corporation, partnership, or other association created under the laws of the United States or of any State; or (C) a foreign corporation, partnership, or other association, more than 95 percent of which is owned by persons described in subparagraphs (A) and (B), that exports, or seeks to export, goods or services produced in the United States; (4) the term “small business” means any small business concern as defined under [section 632 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632&num=0&edition=prelim); (5) the term “State” means any of the several States, the District of Columbia, or any commonwealth, territory, or possession of the United States; and (6) the term “United States” means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9681 — Applicability of certain provisions of law

Subsections (g), (l), (m), and (n) of [section 2197 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2197&num=0&edition=prelim) shall apply with respect to the Corporation to the same extent and in the same manner as such subsections applied with respect to the Overseas Private Investment Corporation on the day before October 5, 2018.

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31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113

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22 U.S.C. § 3901 — Congressional findings and objectives

**(a)** The Congress finds that— (1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States; (2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs; (3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations; (4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and (5) the Foreign Service should be operated on the basis of merit principles. **(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by— (1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement

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5 U.S.C. § 5315 — Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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15 U.S.C. § 632 — Definitions

**(a) Small business concerns** (1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation. (2) **Establishment of size standards** (A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act. (B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors. (C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard— (i) is proposed after an opportunity for public notice and comment; (ii) provides for determining— (I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months; (II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over

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22 U.S.C. § 4802 — Responsibility of Secretary of State

**(a) Security functions** (1) The Secretary of State shall develop and implement (in consultation with the heads of other Federal agencies having personnel or missions abroad where appropriate and within the scope of the resources made available) policies and programs, including funding levels and standards, to provide for the security of United States Government operations of a diplomatic nature and foreign government operations of a diplomatic nature in the United States. Such policies and programs shall include— (A) protection of all United States Government personnel on official duty abroad (other than Voice of America correspondents on official assignment and those personnel under the command of a United States area military commander) and their accompanying dependents; (B) establishment and operation of security functions at all United States Government missions abroad (other than facilities or installations subject to the control of a United States area military commander); (C) establishment and operation of security functions at all Department of State facilities in the United States; and (D) protection of foreign missions, international organizations, and foreign officials and other foreign persons in the United States, as authorized by law. (2) Security responsibilities shall include the following: (A) *Former Office of Security functions* — Functions and responsibilities exercised by the Office of Security, Department of State, before November 11, 1985. (B) *Security and protective operations* (i) Establishment and operation of post security and protective functions abroad. (ii) Development and implementation of communications, computer, and information security. (iii) Emergency planning. (iv) Establishment and operati

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12 U.S.C. § 635i–7 — Cooperation on export financing programs

The Bank shall, subject to appropriate memoranda of understanding— (1) provide complete and current information on all of its programs and financing practices to— (A) the Small Business Administration and other Federal agencies involved in promoting exports and marketing export financing programs; and (B) State and local export financing organizations that indicate a desire to participate in export promotion; and (2) consistent with the provisions of [section 4721(f)(2) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4721/f/2&num=0&edition=prelim), undertake a program to provide training for personnel designated in such memoranda with respect to such financing programs.

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2 U.S.C. § 905 — Exempt programs and activities

**(a) Social security benefits and tier I railroad retirement benefits** Benefits payable under the old-age, survivors, and disability insurance program established under title II of the Social Security Act ([42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.), and benefits payable under sections 231b and 231c 11 See References in Text note below. of title 45, shall be exempt from reduction under any order issued under this subchapter. **(b) Veterans programs** The following programs shall be exempt from reduction under any order issued under this subchapter: All programs administered by the Department of Veterans Affairs. Special benefits for certain World War II veterans (28–0401–0–1–701). **(c) Net interest** No reduction of payments for net interest (all of major functional category 900) shall be made under any order issued under this subchapter. **(d) Refundable income tax credits and certain elective payments** (1) **Refundable income tax credits** — Payments to individuals made pursuant to provisions of title 26 establishing refundable tax credits shall be exempt from reduction under any order issued under this subchapter. (2) **Certain elective payments** — Payments made to taxpayers pursuant to elections under subsection (d) of [section 48D of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section48D&num=0&edition=prelim), or amounts treated as payments which are made by taxpayers under paragraph (1) of such subsection, shall be exempt from reduction under any order issued under this subchapter. **(e) Non-defense unobligated balances** Unobligated balances of budget authority carried over from prior fiscal years, except balances in the defense categor

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3927 — Chief of mission

**(a) Duties** Under the direction of the President, the chief of mission to a foreign country— (1) shall have full responsibility for the direction, coordination, and supervision of all Government executive branch employees in that country (except for Voice of America correspondents on official assignment and employees under the command of a United States area military commander); and (2) shall keep fully and currently informed with respect to all activities and operations of the Government within that country, and shall insure that all Government executive branch employees in that country (except for Voice of America correspondents on official assignment and employees under the command of a United States area military commander) comply fully with all applicable directives of the chief of mission. **(b) Duties of agencies with employees in foreign countries** Any executive branch agency having employees in a foreign country shall keep the chief of mission to that country fully and currently informed with respect to all activities and operations of its employees in that country, and shall insure that all of its employees in that country (except for Voice of America correspondents on official assignment and employees under the command of a United States area military commander) comply fully with all applicable directives of the chief of mission. **(c) Promotion of United States goods and services** Each chief of mission to a foreign country shall have as a principal duty the promotion of United States goods and services for export to such country. **(d) Promotion of United States economic interests** Each chief of mission to a foreign country shall have as a principal duty the promotion of United States economic and commercial interests in such country.

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15 U.S.C. § 4728 — Environmental trade promotion

**(a) Statement of policy** It is the policy of the United States to foster the export of United States environmental technologies, goods, and services. In exercising their powers and functions, all appropriate departments and agencies of the United States Government shall encourage and support sales of such technologies, goods, and services. **(b) Environmental Trade Working Group of Trade Promotion Coordination Committee** (1) **Establishment and purpose** — The President shall establish the Environmental Trade Promotion Working Group (hereafter in this section referred to as the “Working Group”) as a subcommittee of the Trade Promotion Coordination Committee (hereafter in this section referred to as the “TPCC”), established under [section 4727 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section4727&num=0&edition=prelim). The purpose of the Working Group shall be— (A) to address all issues with respect to the export promotion and export financing of United States environmental technologies, goods, and services; and (B) to develop a strategy for expanding United States exports of environmental technologies, goods, and services. (2) **Membership** — The members of the Working Group shall be— (A) representatives of the departments and agencies that are represented on the TPCC, who are designated by the head of their respective departments or agencies to advise the head of such department or agency on ways of promoting the export of United States environmental technologies, goods, and services; and (B) a representative of the Environmental Protection Agency. (3) **Chairperson** — The Secretary of Commerce (hereafter in this section referred to as the “Secretary”) shall designate the chairperson of the Working Group f

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