15 U.S.C. § 4052 — Authorization of appropriations

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 (c) Provisions must be specifically superseded The provisions of this section shall not be su- perseded except by a provision of law enacted after July 12, 1985, which specifically repeals, modifies, or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- Page 2101 TITLE 15—COMMERCE AND TRADE § 4101 thorized to be appropriated to the Department of Com- merce— ‘‘(1) to carry out export promotion programs— ‘‘(A) $190,000,000 for fiscal year 1993; and ‘‘(B) $200,000,000 for fiscal year 1994; and ‘‘(2) to carry out section 4723 of this title, $5,500,000 for each of fiscal years 1993 and 1994.’’ 1992—Pub. L. 102–429 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated to the Department of Com- merce to carry out export promotion programs $123,922,000 for the fiscal year 1988, and $146,400,000 for each of the fiscal years 1989 and 1990.’’ 1988—Pub. L. 100–418 amended section generally. Prior to amendment, section read as follows: ‘‘There is au- thorized to be appropriated $123,922,000 for each of the fiscal years 1987 and 1988 to the Department of Com- merce to carry out export promotion programs.’’ 1986—Pub. L. 99–633 substituted provisions author- izing appropriations of $123,922,000 for each of the fiscal years 1987 and 1988 for provisions authorizing appro- priations of $113,273,000 for each of the fiscal years 1985 and 1986. § 4053. Barter arrangements (a) Report on status of Federal barter programs The Secretary of Agriculture and the Sec- retary of Energy shall, not later than 90 days after July 12, 1985, submit to the Congress a re- port on the status of Federal programs relating to the barter or exchange of commodities owned by the Commodity Credit Corporation for mate- rials and products produced in foreign countries. Such report shall include details of any changes necessary in existing law to allow the Depart- ment of Agriculture and, in the case of petro- leum resources, the Department of Energy, to implement fully any barter program. (b) Authorities of President The President is authorized— (1) to barter stocks of agricultural commod- ities acquired by the Government for petro- leum and petroleum products, and for other materials vital to the national interest, which are produced abroad, in situations in which sales would otherwise not occur; and (2) to purchase petroleum and petroleum products, and other materials vital to the na- tional interest, which are produced abroad and acquired by persons in the United States through barter for agricultural commodities produced in and exported from the United States through normal commercial trade channels. (c) Other provisions of law not affected In the case of any petroleum, petroleum prod- ucts, or other materials vital to the national in- terest, which are acquired under subsection (b), nothing in this section shall be construed to render inapplicable the provisions of any law then in effect which apply to the storage, dis- tribution, or use of such petroleum, petroleum products, or other materials vital to the na- tional interest. (d) Conventional markets not to be displaced by barters The President shall take steps to ensure that, in making any barter described in subsection (a) or (b)(1) or any purchase authorized by sub- section (b)(2), existing export markets for agri- cultural commodities operating on conventional business terms are safeguarded from displace- ment by the barter described in subsection (a), (b)(1), or (b)(2), as the case may be. In addition, the President shall ensure that any such barter is consistent with the international obligations of the United States, including the General Agreement on Tariffs and Trade. (e) Report to Congress The Secretary of Energy shall report to the Congress on the effect on energy security and on domestic energy supplies of any action taken under this section which results in the acquisi- tion by the Government of petroleum or petro- leum products. Such report shall be submitted to the Congress not later than 90 days after such acquisition. (Pub. L. 99–64, title II, § 203, July 12, 1985, 99 Stat. 158.) 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. CHAPTER 67—ARCTIC RESEARCH AND POLICY Sec. 4101. Congressional findings and declaration of pur- poses. 4102. Arctic Research Commission. 4103. Duties of Commission; publication of guide- lines; report to Congress. 4104. Cooperation with Commission. 4105. Administration. 4106. Implementation of Arctic research policy. 4107. Duties of Interagency Committee; report to Congress. 4108. Arctic research plan. 4109. Coordination and review of budget requests; Office of Science and Technology Policy; Office of Management and Budget. 4110. Authorization of appropriations; new spend- ing authority. 4111. ‘‘Arctic’’ defined. 4112. Annual agency budget and spending report. § 4101. Congressional findings and declaration of purposes (a) The Congress finds and declares that— (1) the Arctic, onshore and offshore, contains vital energy resources that can reduce the Na- tion’s dependence on foreign oil and improve the national balance of payments; (2) the Arctic is critical to national defense; (3) the renewable resources of the Arctic, specifically fish and other seafood, represent one of the Nation’s greatest commercial as- sets; (4) Arctic conditions directly affect global weather patterns and must be understood in order to promote better agricultural manage- ment throughout the United States; (5) industrial pollution not originating in the Arctic region collects in the polar air mass, has the potential to disrupt global weather patterns, and must be controlled through international cooperation and con- sultation; (6) the Arctic is a natural laboratory for re- search into human health and adaptation,