15 U.S.C. § 4721a — State trade coordination

Page 2157 TITLE 15—COMMERCE AND TRADE § 4721a Program, and the Small Business Administra- tion shall each— (1) provide to the Commercial Service com- plete and current information on all of its pro- grams and financing practices; and (2) undertake a training program regarding such programs and practices for Commercial Service Officers who are designated by the As- sistant 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 ac- tivities 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 recruit- ment, assignment, promotion, and perform- ance 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 out- look, of the comprehensive integration of the functions and personnel of the foreign and do- mestic export promotion operations within the International Trade Administration of the De- partment of Commerce. (i) Omitted (j) Definitions For purposes of this section— (1) the term ‘‘Secretary’’ means the Sec- retary 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 as- sociation 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 sub- paragraphs (A) and (B), that exports, or seeks to export, goods or serv- ices produced in the United States; (4) the term ‘‘small business’’ means any small business concern as defined under sec- tion 632 of this title; (5) the term ‘‘State’’ means any of the sev- eral States, the District of Columbia, or any commonwealth, territory, or possession of the United States; and (6) the term ‘‘United States’’ means the sev- eral States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (Pub. L. 100–418, title II, § 2301, Aug. 23, 1988, 102 Stat. 1338; Pub. L. 102–429, title II, §§ 202, 203, 205, Oct. 21, 1992, 106 Stat. 2201, 2204; Pub. L. 115–254, div. F, title VI, § 1470(d), Oct. 5, 2018, 132 Stat. 3516.) Editorial Notes REFERENCES IN TEXT The Foreign Service Act of 1980, referred to in subsec. (c)(4)(B), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Tables. CODIFICATION Section is comprised of section 2301 of Pub. L. 100–418. Subsec. (i) of section 2301 of Pub. L. 100–418 amended section 5315 of Title 5, Government Organization and Employees. AMENDMENTS 2018—Subsec. (b)(9). Pub. L. 115–254 substituted ‘‘United States International Development Finance Corporation’’ for ‘‘Overseas Private Investment Cor- poration’’. Subsec. (f). Pub. L. 115–254 substituted ‘‘United States International Development Finance Corporation’’ for ‘‘Overseas Private Investment Corporation’’ in intro- ductory provisions. 1992—Subsec. (b)(8), (9). Pub. L. 102–429, §§ 202, 203(a), added pars. (8) and (9). Subsec. (d)(1). Pub. L. 102–429, § 205, substituted ‘‘16’’ for ‘‘8’’. Subsecs. (f) to (j). Pub. L. 102–429, § 203(b), added sub- sec. (f) and redesignated former subsecs. (f) to (i) as (g) to (j), respectively. Statutory Notes and Related Subsidiaries 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 REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (g) of this section relating to reporting re- sults of audits to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 53 of House Document No. 103–7. § 4721a. State trade coordination (a) Omitted (b) Federal and State export promotion coordi- nation plan (1) In general The Secretary of Commerce, acting through the Trade Promotion Coordinating Committee and in coordination with representatives of State trade promotion agencies, shall develop a comprehensive plan to integrate the re- sources and strategies of State trade pro- motion agencies into the overall Federal trade promotion program. Page 2158 TITLE 15—COMMERCE AND TRADE § 4722 1 So in original. Probably should be ‘‘United States and For- eign Commercial Service,’’. (2) Matters to be included The plan required under paragraph (1) shall include the following: (A) A description of the role of State trade promotion agencies in assisting exporters. (B) An outline of the role of State trade promotion agencies and how it is different from Federal agencies located within or pro- viding services within the State. (C) A plan on how to utilize State trade promotion agencies in the Federal trade pro- motion program. (D) An explanation of how Federal and State agencies will share information and resources. (E) A description of how Federal and State agencies will coordinate education and trade events in the United States and abroad. (F) A description of the efforts to increase efficiency and reduce duplication. (G) A clear identification of where busi- nesses can receive appropriate international trade information under the plan. (3) Deadline The plan required under paragraph (1) shall be finalized and submitted to Congress not later than 12 months after February 24, 2016. (c) Annual Federal-State export strategy (1) In general The Secretary of Commerce, acting through the head of the United States Foreign and Commercial Service,1 shall develop an annual Federal-State export strategy for each State that submits to the Secretary of Commerce its export strategy for the upcoming calendar year. In developing an annual Federal-State export strategy under this paragraph, the Sec- retary of Commerce shall take into account the Federal and State export promotion co- ordination plan developed under subsection (b). (2) Matters to be included The Federal-State export strategy required under paragraph (1) shall include the fol- lowing: (A) The State’s export strategy and eco- nomic goals. (B) The State’s key sectors and industries of focus. (C) Possible foreign and domestic trade events. (D) Efforts to increase efficiencies and re- duce duplication. (3) Report The Federal-State export strategy required under paragraph (1) shall be submitted to the Trade Promotion Coordinating Committee not later than February 1, 2017, and February 1 of each year thereafter. (d) Coordinated metrics and information sharing (1) In general The Secretary of Commerce, in coordination with representatives of State trade promotion agencies, shall develop a framework to share export success information, and develop a co- ordinated set of reporting metrics. (2) Report to Congress Not later than one year after February 24, 2016, the Secretary of Commerce shall submit to Congress a report that contains the frame- work and reporting metrics required under paragraph (1). (e) Omitted (Pub. L. 114–125, title V, § 505, Feb. 24, 2016, 130 Stat. 179.) Editorial Notes CODIFICATION Section was enacted as part of the Small Business Trade Enhancement Act of 2015 or the State Trade Co- ordination Act, and also as part of the Trade Facilita- tion and Trade Enforcement Act of 2015, and not as part of the Export Enhancement Act of 1988 which enacted this chapter. Section is comprised of section 505 of Pub. L. 114–125. Subsecs. (a) and (e) of section 505 of Pub. L. 114–125 amended section 4727 of this title. § 4722. Transferred Editorial Notes CODIFICATION Section, Pub. L. 100–418, title II, § 2302, Aug. 23, 1988, 102 Stat. 1341, which related to Commercial Service Of- ficers and multilateral development bank procurement, was renumbered § 1803 of title XVIII of Pub. L. 95–118, by Pub. L. 101–240, title V, § 541(b)(2), Dec. 19, 1989, 103 Stat. 2517, and was transferred to section 262s–2 of Title 22, Foreign Relations and Intercourse. § 4723. Market Development Cooperator Program (a) Authority of Secretary of Commerce In order to promote further the exportation of goods and services from the United States, the Secretary of Commerce is authorized to estab- lish, in the International Trade Administration of the Department of Commerce, a Market De- velopment Cooperator Program. The purpose of the program is to develop, maintain, and expand foreign markets for nonagricultural goods and services produced in the United States. (b) Implementation of Program The Secretary of Commerce shall carry out the Market Development Cooperator Program by entering into contracts with— (1) nonprofit industry organizations, (2) trade associations, (3) State departments of trade and their re- gional associations, including centers for international trade development, and (4) private industry firms or groups of firms in cases where no entity described in para- graph (1), (2), or (3) represents that industry, (in this section referred to as ‘‘cooperators’’) to engage in activities in order to carry out the purpose of the Market Development Cooperator Program set forth in subsection (a). The costs of activities under such a contract shall be shared equitably among the Department of Commerce, the cooperator involved, and, whenever appro- priate, foreign businesses. The Department of Commerce shall undertake to support direct