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50 U.S.C. § 4582 — Annual report on impact of offsets
Federal law — U.S. Code and appendices · legal_authorities
**(a) Report required**
(1) **In general** — The President shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, a detailed annual report on the impact of offsets on the defense preparedness, industrial competitiveness, employment, and trade of the United States.
(2) **Duties of the Secretary of Commerce** — The Secretary of Commerce (hereafter in this subsection referred to as the “Secretary”) shall—
(A) prepare the report required by paragraph (1);
(B) consult with the Secretary of Defense, the Secretary of the Treasury, the Secretary of State, and the United States Trade Representative in connection with the preparation of such report; and
(C) function as the President’s Executive Agent for carrying out this section.
**(b) Interagency studies and related data**
(1) **Purpose of report** — Each report required under subsection (a) shall identify the cumulative effects of offset agreements on—
(A) the full range of domestic defense productive capability (with special attention paid to the firms serving as lower-tier subcontractors or suppliers); and
(B) the domestic defense technology base as a consequence of the technology transfers associated with such offset agreements.
(2) **Use of data** — Data developed or compiled by any agency while conducting any interagency study or other independent study or analysis shall be made available to the Secretary to facilitate the execution of the Secretary’s responsibilities with respect to trade offset and countertrade policy development.
**(c) Notice of offset agreements**
(1) **In general** — If a United States firm enters into a contract for the sale of a weapon system or defense-related item to a foreig
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Source file: Laws/federal/codes/united-states-code/title-50/section-4582-annual-report-on-impact-of-offsets--1a0121322b.md
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Source location: Title 50, Chapter 55, § 4582; chapter-055-defense-production.md
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**(a) Report required**
(1) **In general** — The President shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, a detailed annual report on the impact of offsets on the defense preparedness, industrial competitiveness, employment, and trade of the United States.
(2) **Duties of the Secretary of Commerce** — The Secretary of Commerce (hereafter in this subsection referred to as the “Secretary”) shall—
(A) prepare the report required by paragraph (1);
(B) consult with the Secretary of Defense, the Secretary of the Treasury, the Secretary of State, and the United States Trade Representative in connection with the preparation of such report; and
(C) function as the President’s Executive Agent for carrying out this section.
**(b) Interagency studies and related data**
(1) **Purpose of report** — Each report required under subsection (a) shall identify the cumulative effects of offset agreements on—
(A) the full range of domestic defense productive capability (with special attention paid to the firms serving as lower-tier subcontractors or suppliers); and
(B) the domestic defense technology base as a consequence of the technology transfers associated with such offset agreements.
(2) **Use of data** — Data developed or compiled by any agency while conducting any interagency study or other independent study or analysis shall be made available to the Secretary to facilitate the execution of the Secretary’s responsibilities with respect to trade offset and countertrade policy development.
**(c) Notice of offset agreements**
(1) **In general** — If a United States firm enters into a contract for the sale of a weapon system or defense-related item to a foreign country or foreign firm and such contract is subject to an offset agreement exceeding $5,000,000 in value, such firm shall furnish to the official designated in the regulations promulgated pursuant to paragraph (2) information concerning such sale.
(2) **Regulations** — The information to be furnished under paragraph (1) shall be prescribed in regulations promulgated by the Secretary. Such regulations shall provide protection from public disclosure for such information, unless public disclosure is subsequently specifically authorized by the firm furnishing the information.
**(d) Contents of report**
(1) **In general** — Each report under subsection (a) shall include—
(A) a net assessment of the elements of the industrial base and technology base covered by the report;
(B) recommendations for appropriate remedial action under the authority of this chapter, or other law or regulations;
(C) a summary of the findings and recommendations of any interagency studies conducted during the reporting period under subsection (b);
(D) a summary of offset arrangements concluded during the reporting period for which information has been furnished pursuant to subsection (c); and
(E) a summary and analysis of any bilateral and multilateral negotiations relating to the use of offsets completed during the reporting period.
(2) **Alternative findings or recommendations** — Each report required under this section shall include any alternative findings or recommendations offered by any departmental Secretary, agency head, or the United States Trade Representative to the Secretary.
**(e) Utilization of annual report in negotiations** The findings and recommendations of the reports required by subsection (a), and any interagency reports and analyses shall be considered by representatives of the United States during bilateral and multilateral negotiations to minimize the adverse effects of offsets.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report by President; contents** The President shall transmit to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate not more than sixty days after the end of each quarter an unclassified report (except that any material which was transmitted in classified form under subsection (b)(1) or (c)(1) of this section may be contained in a classified addendum to such report, and any letter of offer referred to in paragraph (1) of this subsection may be listed in such addendum unless such letter of offer has been the subject of an unclassified certification pursuant to subsection (b)(1) of this section, and any information provided under paragraph (11) of this subsection may also be provided in a classified addendum) containing—
(1) a listing of all letters of offer to sell any major defense equipment for $1,000,000 or more under this chapter to each foreign country and international organization, by category, if such letters of offer have not been accepted or canceled;
(2) a listing of all such letters of offer that have been accepted during the fiscal year in which such report is submitted, together with the total value of all defense articles and defense services sold to each foreign country and international organization during such fiscal year;
(3) the cumulative dollar amounts, by foreign country and international organization, of sales credit agreements under [section 2763 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2763&num=0&edition=prelim) and guaranty agreements under [section 2764 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2764&num=0&edi
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2776
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Federal law — U.S. Code and appendices · legal_authorities
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):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5315
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Participation** Small business concerns shall be given the maximum practicable opportunity to participate as contractors, and subcontractors at various tiers, in all programs to maintain and strengthen the Nation’s industrial base and technology base undertaken pursuant to this chapter.
**(b) Administration of chapter** In administering the programs, implementing regulations, policies, and procedures under this chapter, requests, applications, or appeals from small business concerns shall, to the maximum extent practicable, be expeditiously handled.
**(c) Advisory committee participation** Representatives of small business concerns shall be afforded the maximum opportunity to participate in such advisory committees as may be established pursuant to this chapter.
**(d) Information** Information about this chapter and activities undertaken in accordance with this chapter shall be made available to small business concerns.
**(e) Allocations under section 4511** Whenever the President makes a determination to exercise any authority to allocate any material pursuant to [section 4511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4511&num=0&edition=prelim), small business concerns shall be accorded, to the extent practicable, a fair share of such material, in proportion to the share received by such business concerns under normal conditions, giving such special consideration as may be possible to emerging small business concerns.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4553
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Administrator.—** — The term “Administrator” means the Administrator of General Services.
(2) **Advisory committee.—**
(A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is—
(i) established by statute or reorganization plan;
(ii) established or utilized by the President; or
(iii) established or utilized by one or more agencies.
(B) *Exclusions.—* — The term “advisory committee” excludes—
(i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and
(ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration.
(3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim).
(4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No United States supplier of defense articles or services sold or licensed under this chapter or exported pursuant to a treaty referred to in [section 2778(j)(1)(C)(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2778/j/1/C/i&num=0&edition=prelim), nor any employee, agent, or subcontractor thereof, shall, with respect to the sale or export of any such defense article or defense service to a foreign country, make any incentive payments for the purpose of satisfying, in whole or in part, any offset agreement with that country.
**(b) Civil penalties** Any person who violates the provisions of this section shall be subject to the imposition of civil penalties as provided for in this section.
**(c) Presidential authority** In the enforcement of this section, the President is authorized to exercise the same powers concerning violations and enforcement and imposition of civil penalties which are conferred upon departments, agencies and officials by subsections (c), (d), (e), and (f) of section 11 11 See References in Text note below. of the Export Administration Act of 1979, and section 12(a) 1 of such Act, subject to the same terms and conditions as are applicable to such powers under that Act, except that section 11(c)(2)(B) of such Act shall not apply, and instead, as prescribed in regulations issued under this section, the Secretary of State may assess civil penalties for violations of this chapter and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties, and except further that notwithstanding section 11(c) of that Act, the civil penalty for each violation of this section may not exceed $500,000 or five times the amount of the prohibited incentive paymen
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2779a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in subsection (b), any information or documentary material filed with the Secretary or the Secretary’s designee pursuant to this subchapter shall be exempt from disclosure under [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), and no such information or documentary material may be made public.
**(b) Exceptions** Subsection (a) shall not prohibit the disclosure of the following, subject to appropriate confidentiality and classification requirements:
(1) Information relevant to any administrative or judicial action or proceeding.
(2) Information to Congress or any duly authorized committee or subcommittee of Congress.
(3) Information important to the national security analysis or actions of the Secretary to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
(4) Identity of a covered foreign person in the public database described in [section 4585 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4585&num=0&edition=prelim).
(5) Information that the parties have consented to be disclosed to third parties.
(6) Information gathered by the Secretary or the Secretary’s designee where the disclosure is determined to be in the national security interest, which may include publication of anonymized data.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4501
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