15 U.S.C. § 4901 — Definitions

Page 2177 TITLE 15—COMMERCE AND TRADE § 4901 1 See References in Text note below. fairs Committee, and the appropriate Commit- tees of the House of Representatives and the Senate a report setting forth— (1) the goals to achieve a more competitive United States economy; (2) the policies needed to meet such goals; (3) a summary of existing policies of the Federal Government or State and local gov- ernments significantly affecting the competi- tiveness of the United States economy; and (4) a summary of significant economic and technological developments, in the United States and abroad, affecting the competitive position of United States industries. (b) Contents of report The report submitted under subsection (a) shall— (1) identify and describe actual or foresee- able developments, in the United States and abroad, which— (A) create a significant likelihood of a competitive challenge to, or of substantial dislocation in, an established United States industry; (B) present significant opportunities for United States industries to compete in new geographical markets or product markets, or to expand the position of such industries in established markets; or (C) create a significant risk that United States industries shall be unable to compete successfully in significant markets; (2) specify the industry sectors affected by the developments described in the report under paragraph (1); and (3) contain a statement of the findings and recommendations of the Council during the previous fiscal year, including any rec- ommendations of the Council for (a) such leg- islative or administrative actions as the Coun- cil considers appropriate, and (b) including the elimination, consolidation, reorganization of government agencies especially such agencies that specifically deal with research, science, technology, and international trade. (c) Report by Congressional committees The Council shall consult with each com- mittee to which a report is submitted under this section and after such consultation, each such committee shall submit to its respective House a report setting forth the views and rec- ommendations of such committee with respect to the report of the Council. (Pub. L. 100–418, title V, § 5208, Aug. 23, 1988, 102 Stat. 1461; Pub. L. 101–382, title I, § 133(d), Aug. 20, 1990, 104 Stat. 649.) Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–382 substituted ‘‘on March 1’’ for ‘‘prepare and’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. § 4808. Authorization of appropriations There are authorized to be appropriated for each of the fiscal years 1991 and 1992 such sums as may be necessary not to exceed $5,000,000 to carry out the provisions of this chapter. (Pub. L. 100–418, title V, § 5209, Aug. 23, 1988, 102 Stat. 1461; Pub. L. 101–382, title I, § 133(e), Aug. 20, 1990, 104 Stat. 649.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–382 substituted ‘‘1991 and 1992’’ for ‘‘1989 and 1990’’. § 4809. Definitions For purposes of this chapter— (1) the term ‘‘Council’’ means the Competi- tiveness Policy Council established under sec- tion 4802 of this title; (2) the term ‘‘member’’ means a member of the Competitiveness Policy Council; (3) the term ‘‘United States’’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory or possession of the United States; and (4) the term ‘‘agent of a foreign principal’’ is defined as such term is defined under sub- section (d) of section 611 of title 22 subject to the provisions of section 613 of title 22. (Pub. L. 100–418, title V, § 5210, Aug. 23, 1988, 102 Stat. 1461.) CHAPTER 75—NATIONAL TRADE DATA BANK Sec. 4901. Definitions. 4902. Interagency Trade Data Advisory Committee. 4903. Functions of Committee. 4904. Consultation with private sector and govern- ment officials. 4905. Cooperation among executive agencies. 4906. Establishment of Data Bank. 4907. Operation of Data Bank. 4908. Information on service sector. 4909. Exclusion of information. 4910. Nonduplication. 4911 Collection of data. 4912. Fees and access. 4913. Omitted. § 4901. Definitions For purposes of this chapter— (1) the term ‘‘Committee’’ means the Inter- agency Trade Data Advisory Committee; (2) the term ‘‘Data Bank’’ means the Na- tional Trade Data Bank; (3) the term ‘‘Executive agency’’ has the same meaning as in section 105 of title 5; (4) the term ‘‘export promotion data sys- tem’’ means the data system known as the Commercial Information Management System which is maintained and operated by the United States and Foreign Commercial Serv- ice and is established as part of the Data Bank under section 4906 1 of this title; Page 2178 TITLE 15—COMMERCE AND TRADE § 4902 (5) the term ‘‘international economic data system’’ means the data system established as part of the Data Bank under section 4906 of this title which contains data useful to policy- makers and analysis concerned with inter- national economics; and (6) the term ‘‘Secretary’’ means the Sec- retary of Commerce. (Pub. L. 100–418, title V, § 5401, Aug. 23, 1988, 102 Stat. 1463.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 5401 to 5413, 5421 to 5423) of title V of Pub. L. 100–418 which, in addition to enacting this chapter, enacted section 4603a of this title and section 194b of Title 2, The Congress. For com- plete classification of subtitle E to the Code, see Ta- bles. Section 4906 of this title, referred to in par. (4), was in the original ‘‘section 3816’’, meaning section 3816 of Pub. L. 100–418, and was translated as if it read section 5406 of Pub. L. 100–418, to reflect the probable intent of Congress, because section 3816 was the provision which established the Data Bank in a predecessor version of H.R. 4848 (which became Pub. L. 100–418), Pub. L. 100–418 does not contain a section 3816, and section 5406 of Pub. L. 100–418 is the provision establishing the Data Bank. § 4902. Interagency Trade Data Advisory Com- mittee (a) Establishment There is established the Interagency Trade Data Advisory Committee. (b) Membership The Committee shall consist of— (1) the United States Trade Representative; (2) the Secretary of Agriculture; (3) the Secretary of Defense; (4) the Secretary of Commerce; (5) the Secretary of Labor; (6) the Secretary of the Treasury; (7) the Secretary of State; (8) the Director of the Office of Management and Budget; (9) the Director of Central Intelligence; (10) the Chairman of the Federal Reserve Board; (11) the Chairman of the International Trade Commission; (12) the President of the Export-Import Bank; (13) the Chief Executive Officer of the United States International Development Finance Corporation; and (14) such other members as may be ap- pointed by the President from full-time offi- cers or employees of the Federal Government. (c) Chairman The Secretary of Commerce shall be Chairman of the Committee. (d) Designees Any member of the Committee may appoint a designee to serve in place of such member on the Committee. (Pub. L. 100–418, title V, § 5402, Aug. 23, 1988, 102 Stat. 1463; Pub. L. 115–254, div. F, title VI, § 1470(f), Oct. 5, 2018, 132 Stat. 3516.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(13). Pub. L. 115–254 substituted ‘‘the Chief Executive Officer of the United States Inter- national Development Finance Corporation’’ for ‘‘the President of the Overseas Private Investment Corpora- tion’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of Title 22, Foreign Relations and Intercourse, see section 1470(w) of Pub. L. 115–254, set out as a note under sec- tion 905 of Title 2, The Congress. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees. § 4903. Functions of Committee The Committee shall advise the Secretary of Commerce, as appropriate, on the establish- ment, structure, contents, and operation of a National Trade Data Bank in accordance with section 4906 of this title in order to assure the timely collection of accurate data and to pro- vide the private sector and government officials efficient access to economic and trade data col- lected by the Federal Government for purposes of policymaking and export promotion. (Pub. L. 100–418, title V, § 5403, Aug. 23, 1988, 102 Stat. 1464.) § 4904. Consultation with private sector and gov- ernment officials The Secretary shall regularly consult with representatives of the private sector and offi- cials of State and local governments to assess the adequacy of United States trade informa- tion. The Secretary shall seek recommendations on how trade information can be made more ac- cessible, understandable, and relevant. The Sec- retary shall seek recommendations as to what data should be included in the export promotion data system in the Data Bank. (Pub. L. 100–418, title V, § 5404, Aug. 23, 1988, 102 Stat. 1464.)