15 U.S.C. § 4051 — Requirement of prior authorization

Page 2100 TITLE 15—COMMERCE AND TRADE § 4051 (to the extent that section 45 of this title pro- hibits unfair methods of competition), and any State antitrust or unfair competition law, (7) the term ‘‘Secretary’’ means the Sec- retary of Commerce or his designee, and (8) the term ‘‘Attorney General’’ means the Attorney General of the United States or his designee. (Pub. L. 97–290, title III, § 311, Oct. 8, 1982, 96 Stat. 1245.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 8, 1982, see section 312 of Pub. L. 97–290, set out as a note under section 4011 of this title. SUBCHAPTER III—EXPORT PROMOTION PROGRAMS § 4051. Requirement of prior authorization (a) General rule Notwithstanding any other provision of law, money appropriated to the Department of Com- merce for expenses to carry out any export pro- motion program may be obligated or expended only if— (1) the appropriation thereof has been pre- viously authorized by law enacted on or after July 12, 1985; or (2) the amount of all such obligations and expenditures does not exceed an amount pre- viously prescribed by law enacted on or after such date. (b) Exception for later legislation authorizing ob- ligations or expenditures To the extent that legislation enacted after the making of an appropriation to carry out any export promotion program authorizes the obli- gation or expenditure thereof, the limitation contained in subsection (a) shall have no effect. (c) Provisions must be specifically superseded The provisions of this section shall not be su- perseded except by a provision of law enacted after July 12, 1985, which specifically repeals, modifies, or supersedes the provisions of this section. (d) ‘‘Export promotion program’’ defined For purposes of this subchapter, the term ‘‘ex- port promotion program’’ means any activity of the Department of Commerce designed to stimu- late or assist United States businesses in mar- keting their goods and services abroad competi- tively with businesses from other countries, in- cluding, but not limited to— (1) trade development (except for the trade adjustment assistance program) and dissemi- nation 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; (2) the development of regional and multilat- eral economic policies which enhance United States trade and investment interests, and the provision of marketing services with respect to foreign countries and regions; (3) the exhibition of United States goods in other countries; (4) the operations of the United States and Foreign Commercial Service, or any successor agency; and (5) the Market Development Cooperator Pro- gram established under section 4723 of this title, and assistance for trade shows provided under section 4724 of this title. (e) Printing outside United States (1) Notwithstanding the provisions of section 501 of title 44, and consistent with other applica- ble law, the Secretary of Commerce, in carrying out any export promotion program, may author- ize— (A) the printing, distribution, and sale of documents outside the contiguous United States, if the Secretary finds that the imple- mentation of such export promotion program would be more efficient, and if such documents will be distributed primarily and sold exclu- sively outside the United States; and (B) the acceptance of private notices and ad- vertisements in connection with the printing and distribution of such documents. (2) Any fees received by the Secretary pursu- ant to paragraph (1) shall be deposited in a sepa- rate 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. (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.) Editorial Notes CODIFICATION Section was enacted as part of the Export Adminis- tration Amendments Act of 1985, and not as part of Pub. L. 97–290 which enacted this chapter. AMENDMENTS 1988—Subsec. (d)(5). Pub. L. 100–418, § 2305(a), added par. (5). Subsec. (e). Pub. L. 100–418, § 2308(a), added subsec. (e). § 4052. Authorization of appropriations There are authorized to be appropriated to the Department of Commerce to carry out export promotion programs such sums as are necessary for fiscal years 1995 and 1996. (Pub. L. 99–64, title II, § 202, July 12, 1985, 99 Stat. 158; Pub. L. 99–633, § 2, Nov. 7, 1986, 100 Stat. 3522; Pub. L. 100–418, title II, § 2305(b)(1), Aug. 23, 1988, 102 Stat. 1344; Pub. L. 102–429, title II, § 208, Oct. 21, 1992, 106 Stat. 2205; Pub. L. 103–392, title III, § 301, Oct. 22, 1994, 108 Stat. 4099.) Editorial Notes CODIFICATION Section was enacted as part of the Export Adminis- tration Amendments Act of 1985, and not as part of Pub. L. 97–290 which enacted this chapter. AMENDMENTS 1994—Pub. L. 103–392 amended section generally. Prior to amendment, section read as follows: ‘‘There are au-