§ 2902. Trade agreement negotiating authority
(a) Agreements regarding tariff barriers
(1) Whenever the President determines that
one or more existing duties or other import re-
Page 816
TITLE 19—CUSTOMS DUTIES
§ 2902
strictions of any foreign country or the United
States are unduly burdening and restricting the
foreign trade of the United States and that the
purposes, policies, and objectives of this title
will be promoted thereby, the President—
(A) before June 1, 1993, may enter into trade
agreements with foreign countries; and
(B) may, subject to paragraphs (2) through
(5), proclaim—
(i) such modification or continuance of
any existing duty,
(ii) such continuance of existing duty-free
or excise treatment, or
(iii) such additional duties;
as he determines to be required or appropriate
to carry out any such trade agreement.
(2) No proclamation may be made under sub-
section (a) that—
(A) reduces any rate of duty (other than a
rate of duty that does not exceed 5 percent ad
valorem on August 23, 1988) to a rate which is
less than 50 percent of the rate of such duty
that applies on August 23, 1988; or
(B) increases any rate of duty above the rate
that applies on August 23, 1988.
(3)(A) Except as provided in subparagraph (B),
the aggregate reduction in the rate of duty on
any article which is in effect on any day pursu-
ant to a trade agreement entered into under
paragraph (1) shall not exceed the aggregate re-
duction which would have been in effect on such
day if a reduction of 3 percent ad valorem or a
reduction of one-tenth of the total reduction,
whichever is greater, had taken effect on the ef-
fective date of the first reduction proclaimed in
paragraph (1) to carry out such agreement with
respect to such article.
(B) No staging under
File SHA-256: 48fc6f1654e34eea2059cf1a85c2dabab87a6a4838abe45c3abe7c2f960293e0. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_6657979a2ecebd27130efdc9 Source file: Laws/federal/codes/united-states-code-2024/title-19/section-2902-trade-agreement-negotiating-authority--40773dbade.md Pages: Not recorded – Not recorded Passage SHA-256: 47cf8a1462c5c43e8d77e5510cd6bb01ea4fcd4e8fefa807e593ffc2601034da Retained source evidence SHA-256: 48fc6f1654e34eea2059cf1a85c2dabab87a6a4838abe45c3abe7c2f960293e0
Page 815
TITLE 19—CUSTOMS DUTIES
§ 2902
(C) By deleting, from the third sentence in Section
1(a), the phrase ‘‘representative of the’’.
(D) By deleting ‘‘and’’ at the end of subparagraph (3)
of Section 1(b), by substituting ‘‘; and’’ for the period
at the end of subparagraph (4) of that Section, and by
adding a new subparagraph (5) as follows: ‘‘(5) coordi-
nate the views of the Executive Branch and discharge
the responsibilities with respect to Section 721(a) and
(e) of the Defense Production Act of 1950, as amended
(50 U.S.C. App. 2061 et seq.) [now 50 U.S.C. 4501 et seq.]
(‘‘Defense Production Act’’).’’
(E) By adding the following sentence at the end of
Section 5: ‘‘Information or documentary material filed
pursuant to Section 1(b)(5) or Section 7 of this Order
shall be treated in accordance with paragraph (b) of
Section 721 of the Defense Production Act.’’
(F) By inserting in Section 1(a) the following addi-
tional Committee members: ‘‘(7) The Attorney Gen-
eral.’’ and ‘‘(8) The Director of the Office of Manage-
ment and Budget.’’
(G) The Interim Presidential Directive to the Sec-
retary of the Treasury of October 26, 1988, is hereby re-
voked, and any notices received or investigations pend-
ing as of the date this Order takes effect shall be re-
ferred to the Chairman of the Committee for action
consistent with this Order.
SEC. 3–301. Reporting Requirement on Semiconductors,
Fiber Optics and Superconducting Materials.
(1) The Secretary of Commerce, in consultation with
the Director of the Office of Science and Technology
Policy, the Secretary of Defense, and the Director of
the Office of Management and Budget, shall prepare for
the President to submit to the Congress with the Fiscal
Year 1990 budget a report describing policies and budget
proposals regarding:
(A) Federal research in semiconductors and semicon-
ductor manufacturing technology, including a discus-
sion of the respective roles of the various Federal de-
partments and agencies in such research;
(B) Federal research and acquisition policies for fiber
optics and optical-electronic technologies generally;
(C) Superconducting materials, including descrip-
tions of research priorities, the scientific and technical
barriers to commercialization which such research is
designed to overcome, steps taken to ensure coordina-
tion among Federal agencies conducting research on
superconducting materials, and steps taken to consult
with private United States industry to ensure that no
unnecessary duplication of research exists and that all
important scientific and technical barriers to the com-
mercialization of superconducting materials will be ad-
dressed; and
(D) Federal research to assist United States industry
to develop and apply advanced manufacturing tech-
nologies for the production of durable and nondurable
goods.
(2) The Department of Defense, the Department of
Energy, the National Science Foundation, the National
Aeronautics and Space Administration, the Depart-
ment of State, the United States Trade Representative,
and other Federal agencies deemed appropriate by the
Secretary of Commerce shall provide the information
described in section 5141 of the Omnibus Trade Act
[Pub. L. 100–418, title V, Aug. 23, 1988, 102 Stat. 1444]
concerning their Fiscal Year 1989 program and proposed
Fiscal Year 1990 program to the Secretary of Commerce
in sufficient time to permit preparation of the report.
(3) The Office of Management and Budget shall pro-
vide to the Secretary of Commerce, in sufficient time
to permit preparation of the report, a summary of the
Federal base program and Fiscal Year 1990 budget ini-
tiatives in each of the technical areas of the report.
(4) The Office of Science and Technology Policy
(‘‘OSTP’’) shall provide the Secretary of Commerce
with appropriate policy guidance in the technical areas
of the report, including a summary of the criteria used
to select research projects within an agency and among
agencies, and the results of any studies conducted by
OSTP, or by others if OSTP deems them to be relevant,
which analyze the influence of the Federal research
programs in the technical areas of the report.
SEC. 3–401. [Revoked by Ex. Ord. No. 12774, § 3(a), Sept.
27, 1991, 56 F.R. 49835]
PART IV—EDUCATION AND TRAINING FOR
AMERICAN COMPETITIVENESS
SEC. 4–101. Buy American Act of 1988.
(1) The functions vested in the President by section
7002 of the Omnibus Trade Act, regarding section 4(d) of
Title III of the Buy American Act of 1933, as amended
(41 U.S.C. 10a–10d) [former 41 U.S.C. 10b–1], are dele-
gated to the Secretary of Defense.
(2) The functions vested in the President by section
7003 of the Omnibus Trade Act, regarding the annual re-
port required by subsection (d) of section 305 of the
Trade Agreements Act of 1979, as amended (19 U.S.C.
2515), are delegated to the United States Trade Rep-
resentative.
PART V—MISCELLANEOUS
SEC. 5–101. Executive Oversight.
Any actions or determinations taken or made by an
officer or agency under the Omnibus Trade Act or this
Order shall be subject to the Executive oversight and
direction of the President, and such actions or deter-
minations shall be undertaken after appropriate inter-
agency consultation as established by the President.
SEC. 5–102. Regulatory Review. Notwithstanding the
provisions of section 1(a)(2) of Executive Order No. 12291
of February 17, 1981 [formerly 5 U.S.C. 601 note], the Di-
rector of the Office of Management and Budget shall,
with regard to regulations, rules, or agency statements
of general applicability and future effect designed to
implement, interpret, or prescribe law or policy or de-
scribing the procedure or practice requirements of an
agency relative to the administration of the Export Ad-
ministration Act, determine whether such regulations,
rules, or agency statements are exempted from review
under that Order, pursuant to the provisions of section
8(b) thereof [former 50 U.S.C. 4607(b)].
SEC. 5–201. Offsets. The negotiating functions under
section 825(c) of the Defense Authorization Act [10
U.S.C. 2532 note], as may be ordered by the President,
are hereby jointly delegated to the Secretary of De-
fense and the United States Trade Representative.
These functions shall be coordinated with the Sec-
retary of State and conducted in consultation with the
Secretaries of Commerce, Labor and the Treasury.
SEC. 5–202. Reporting Functions. The reporting func-
tions of the President under section 825(d) of the De-
fense Authorization Act [10 U.S.C. 2532 note] are dele-
gated to the Director of the Office of Management and
Budget. The Director may further delegate to the heads
of Executive departments and agencies responsibility
for preparing particular sections of such reports. The
heads of Executive departments and agencies shall, to
the extent permitted by law, provide the Director with
such information as may be necessary for the effective
performance of these functions.
SEC. 5–301. International Trade Commission Report. The
functions vested in the President by section 332(g) of
the Tariff Act [19 U.S.C. 1332(g)], regarding reports by
the United States International Trade Commission to
the President, are delegated to the United States Trade
Representative.
SEC. 5–401. Strengthening International Institutions. To
the extent possible, actions undertaken under this
Order shall be conducted in a manner that strengthens
international institutions that further United States
objectives, such as opening foreign markets and pre-
venting the export of strategic goods and technologies
to proscribed destinations.
SEC. 5–501. Effective Date. This Order shall take effect
at 12:01 a.m. on Wednesday, December 28, 1988.
§ 2902. Trade agreement negotiating authority
(a) Agreements regarding tariff barriers
(1) Whenever the President determines that
one or more existing duties or other import re-
Page 816
TITLE 19—CUSTOMS DUTIES
§ 2902
strictions of any foreign country or the United
States are unduly burdening and restricting the
foreign trade of the United States and that the
purposes, policies, and objectives of this title
will be promoted thereby, the President—
(A) before June 1, 1993, may enter into trade
agreements with foreign countries; and
(B) may, subject to paragraphs (2) through
(5), proclaim—
(i) such modification or continuance of
any existing duty,
(ii) such continuance of existing duty-free
or excise treatment, or
(iii) such additional duties;
as he determines to be required or appropriate
to carry out any such trade agreement.
(2) No proclamation may be made under sub-
section (a) that—
(A) reduces any rate of duty (other than a
rate of duty that does not exceed 5 percent ad
valorem on August 23, 1988) to a rate which is
less than 50 percent of the rate of such duty
that applies on August 23, 1988; or
(B) increases any rate of duty above the rate
that applies on August 23, 1988.
(3)(A) Except as provided in subparagraph (B),
the aggregate reduction in the rate of duty on
any article which is in effect on any day pursu-
ant to a trade agreement entered into under
paragraph (1) shall not exceed the aggregate re-
duction which would have been in effect on such
day if a reduction of 3 percent ad valorem or a
reduction of one-tenth of the total reduction,
whichever is greater, had taken effect on the ef-
fective date of the first reduction proclaimed in
paragraph (1) to carry out such agreement with
respect to such article.
(B) No staging under subparagraph (A) is re-
quired with respect to a rate reduction that is
proclaimed under paragraph (1) for an article of
a kind that is not produced in the United States.
The United States International Trade Commis-
sion shall advise the President of the identity of
articles that may be exempted from staging
under this subparagraph.
(4) If the President determines that such ac-
tion will simplify the computation of reductions
under paragraph (3), the President may round an
annual reduction by the lesser of—
(A) the difference between the reduction
without regard to this paragraph and the next
lower whole number; or
(B) one-half of 1 percent ad valorem.
(5) No reduction in a rate of duty under a trade
agreement entered into under subsection (a) on
any article may take effect more than 10 years
after the effective date of the first reduction
under paragraph (1) that is proclaimed to carry
out the trade agreement with respect to such ar-
ticle.
(6) A rate of duty reduction or increase that
may not be proclaimed by reason of paragraph
(2) may take effect only if a provision author-
izing such reduction or increase is included
within an implementing bill provided for under
section 2903 of this title and that bill is enacted
into law.
(b) Agreements regarding nontariff barriers
(1) Whenever the President determines that
any barrier to, or other distortion of, inter-
national trade—
(A) unduly burdens or restricts the foreign
trade of the United States or adversely affects
the United States economy; or
(B) the imposition of any such barrier or dis-
tortion is likely to result in such a burden, re-
striction, or effect;
and that the purposes, policies, and objectives of
this title will be promoted thereby, the Presi-
dent may, before June 1, 1993, enter into a trade
agreement with foreign countries providing
for—
(i) the reduction or elimination of such bar-
rier or other distortion; or
(ii) the prohibition of, or limitations on the
imposition of, such barrier or other distortion.
(2) A trade agreement may be entered into
under this subsection only if such agreement
makes progress in meeting the applicable objec-
tives described in section 2901 of this title.
(c) Bilateral agreements regarding tariff and
nontariff barriers
(1) Before June 1, 1993, the President may
enter into bilateral trade agreements with for-
eign countries that provide for the elimination
or reduction of any duty imposed by the United
States. A trade agreement entered into under
this paragraph may also provide for the reduc-
tion or elimination of barriers to, or other dis-
tortions of, the international trade of the for-
eign country or the United States.
(2) Notwithstanding any other provision of
law, no trade benefit shall be extended to any
country by reason of the extension of any trade
benefit to another country under a trade agree-
ment entered into under paragraph (1) with such
other country.
(3) A trade agreement may be entered into
under paragraph (1) with any foreign country
only if—
(A) the agreement makes progress in meet-
ing the applicable objectives described in sec-
tion 2901 of this title;
(B) such foreign country requests the nego-
tiation of such an agreement; and
(C) the President, at least 60 days before the
date
notice
is
provided
under
section
2903(a)(1)(A) of this title—
(i) provides written notice of such negotia-
tions to the Committee on Finance of the
Senate and the Committee on Ways and
Means of the House of Representatives, and
(ii) consults with such committees regard-
ing the negotiation of such agreement.
(4) The 60-day period of time described in para-
graph (3)(C) shall be computed in accordance
with section 2903(e) of this title.
(5) In any case in which there is an inconsist-
ency between any provision of this Act and any
bilateral free trade area agreement that entered
into force and effect with respect to the United
States before January 1, 1987, the provision shall
not apply with respect to the foreign country
that is party to that agreement.
Page 817
TITLE 19—CUSTOMS DUTIES
§ 2903
(d) Consultation with Congress before agree-
ments entered into
(1) Before the President enters into any trade
agreement under subsection (b) or (c), the Presi-
dent shall consult with—
(A) the Committee on Ways and Means of
the House of Representatives and the Com-
mittee on Finance of the Senate; and
(B) each other committee of the House and
the Senate, and each joint committee of the
Congress, which has jurisdiction over legisla-
tion involving subject matters which would be
affected by the trade agreement.
(2) The consultation under paragraph (1) shall
include—
(A) the nature of the agreement;
(B) how and to what extent the agreement
will achieve the applicable purposes, policies,
and objectives of this title; and
(C) all matters relating to the implementa-
tion of the agreement under section 2903 of
this title.
(3) If it is proposed to implement two or more
trade agreements in a single implementing bill
under section 2903 of this title, the consultation
under paragraph (1) shall include the desir-
ability and feasibility of such proposed imple-
mentation.
(e) Special provisions regarding Uruguay Round
trade negotiations
(1) In general
Notwithstanding the time limitations in
subsections (a) and (b), if the Uruguay Round
of multilateral trade negotiations under the
auspices of the General Agreement on Tariffs
and Trade has not resulted in trade agree-
ments by May 31, 1993, the President may, dur-
ing the period after May 31, 1993, and before
April 16, 1994, enter into, under subsections (a)
and (b) of this section, trade agreements re-
sulting from such negotiations.
(2) Application of tariff proclamation authority
No proclamation under subsection (a) to
carry out the provisions regarding tariff bar-
riers of a trade agreement that is entered into
pursuant to paragraph (1) may take effect be-
fore the effective date of a bill that imple-
ments the provisions regarding nontariff bar-
riers of a trade agreement that is entered into
under such paragraph.
(3) Application of implementing and ‘‘fast
track’’ procedures
Section 2903 of this title applies to any trade
agreement negotiated under subsection (b)
pursuant to paragraph (1), except that—
(A) in applying subsection (a)(1)(A) of sec-
tion 2903 of this title to any such agreement,
the phrase ‘‘at least 120 calendar days before
the day on which he enters into the trade
agreement (but not later than December 15,
1993),’’ shall be substituted for the phrase
‘‘at least 90 calendar days before the day on
which he enters into the trade agreement,’’;
and
(B) no provision of subsection (b) of sec-
tion 2903 of this title other than paragraph
(1)(A) applies to any such agreement and in
applying such paragraph, ‘‘April 16, 1994;’’
shall be substituted for ‘‘June 1, 1991;’’.
(4) Advisory committee reports
The report required under section 2155(e)(1)
of this title regarding any trade agreement
provided for under paragraph (1) shall be pro-
vided to the President, the Congress, and the
United States Trade Representative not later
than 30 days after the date on which the Presi-
dent notifies the Congress under section
2903(a)(1)(A) of this title of his intention to
enter into the agreement (but before January
15, 1994).
(Pub. L. 100–418, title I, § 1102, Aug. 23, 1988, 102
Stat. 1126; Pub. L. 101–382, title I, § 139(b), Aug.
20, 1990, 104 Stat. 653; Pub. L. 103–49, § 1, July 2,
1993, 107 Stat. 239.)
Editorial Notes
REFERENCES IN TEXT
This title, referred to in subsecs. (a)(1), (b)(1), and
(d)(2)(B), is title I (§ 1001 et seq.) of Pub. L. 100–418, see
note below. For complete classification of this title to
the Code, see Tables.
This Act, referred to in subsec. (c)(5), is Pub. L.
100–418, Aug. 23, 1988, 102 Stat. 1107, known as the Omni-
bus Trade and Competitiveness Act of 1988. For com-
plete classification of this Act to the Code, see Tables.
AMENDMENTS
1993—Subsec. (e). Pub. L. 103–49 added subsec. (e).
1990—Subsec. (c)(4). Pub. L. 101–382 substituted ‘‘para-
graph (3)(C)’’ for ‘‘paragraph (3)(B)’’ and ‘‘2903(e)’’ for
‘‘2903(f)’’.
§ 2903. Implementation of trade agreements
(a) In general
(1) Any agreement entered into under section
2902(b) or (c) of this title shall enter into force
with respect to the United States if (and only
if)—
(A) the President, at least 90 calendar days
before the day on which he enters into the
trade agreement, notifies the House of Rep-
resentatives and the Senate of his intention to
enter into the agreement, and promptly there-
after publishes notice of such intention in the
Federal Register;
(B) after entering into the agreement, the
President submits a document to the House of
Representatives and to the Senate containing
a copy of the final legal text of the agreement,
together with—
(i) a draft of an implementing bill,
(ii) a statement of any administrative ac-
tion proposed to implement the trade agree-
ment, and
(iii) the supporting information described
in paragraph (2); and
(C) the implementing bill is enacted into
law.
(2) The supporting information required under
paragraph (1)(B)(iii) consists of—
(A) an explanation as to how the imple-
menting bill and proposed administrative ac-
tion will change or affect existing law; and
(B) a statement—
(i) asserting that the agreement makes
progress in achieving the applicable pur-
poses, policies, and objectives of this title,
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 2532. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential waiver of discriminatory purchasing requirements** Subject to subsection (f) of this section, the President may waive, in whole or in part, with respect to eligible products of any foreign country or instrumentality designated under subsection (b), and suppliers of such products, the application of any law, regulation, procedure, or practice regarding Government procurement that would, if applied to such products and suppliers, result in treatment less favorable than that accorded—
(1) to United States products and suppliers of such products; or
(2) to eligible products of another foreign country or instrumentality which is a party to the Agreement and suppliers of such products.
**(b) Designation of eligible countries and instrumentalities** The President may designate a foreign country or instrumentality for purposes of subsection (a) only if he determines that such country or instrumentality—
(1) is a country or instrumentality which (A) has become a party to the Agreement or the USMCA (as defined in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim)), and (B) will provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products;
(2) is a country or instrumentality, other than a major industrial country, which (A) will otherwise assume the obligations of the Agreement, and (B) will provide such opportunities to such products and suppliers;
(3) is a country or instrumentality, other than a major industrial country, which will provide such opportunities to such products and suppliers; or
(4) is a least developed country.
**(c) Modification or withdrawal of waivers and designations** The Presi
Stored review status: release_metadata_unconfirmed. The source passage cites 19 U.S.C. § 2515. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 2515. Monitoring and enforcement
(a) Monitoring and enforcement structure rec-
ommendations
In the preparation of the recommendations for
the reorganization of trade functions, the Presi-
dent shall ensure that careful consideration is
given to monitoring and enforcing the require-
ments of the Agreement and this subchapter,
with particular regard to the tendering proce-
dures required by the Agreement or otherwise
agreed to by a country or instrumentality likely
to be designated pursuant to section 2511(b) of
this title.
(b) Rules of origin
(1) Advisory rulings and final determinations
For the purposes of this subchapter, the Sec-
retary of the Treasury shall provide for the
prompt issuance of advisory rulings and final
determinations on whether, under section
2518(4)(B) of this title, an article is or would be
a product of a foreign country or instrumen-
tality designated pursuant to section 2511(b) of
this title.
(2) Penalties for fraudulent conduct
In addition to any other provisions of law
which may be applicable, section 1001 of title
18 shall apply to fraudulent conduct with re-
spect to the origin of products for purposes of
qualifying for a waiver under section 2511 of
this title or avoiding a prohibition under sec-
tion 2512 of this title.
(c) Report to Congress on rules of origin
(1) Domestic administrative practices
As soon as practicable after the close of the
two-year period beginning on the date on
which any waiver under section 2511(a) of this
title first takes effect, the President shall pre-
pare and transmit to Congress a report con-
taining an evaluation of administrative prac-
tices under any provision of law which re-
quires determinations to be made of the coun-
try of origin of goods, products, commodities,
or othe
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 2515. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements regarding tariff barriers**
(1) Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, and objectives of this title will be promoted thereby, the President—
(A) before June 1, 1993, may enter into trade agreements with foreign countries; and
(B) may, subject to paragraphs (2) through (5), proclaim—
(i) such modification or continuance of any existing duty,
(ii) such continuance of existing duty-free or excise treatment, or
(iii) such additional duties;
as he determines to be required or appropriate to carry out any such trade agreement.
(2) No proclamation may be made under subsection (a) that—
(A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on August 23, 1988) to a rate which is less than 50 percent of the rate of such duty that applies on August 23, 1988; or
(B) increases any rate of duty above the rate that applies on August 23, 1988.
(3)
(A) Except as provided in subparagraph (B), the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under paragraph (1) shall not exceed the aggregate reduction which would have been in effect on such day if a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed in paragraph (1) to carry out such agreement with respect to such article.
(B) No staging under subparagraph (A) is required with respect to a rate reduction that is proclaimed u
For purposes of this chapter—
(1) the term “agency” means an agency as defined in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim);
(2) the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to [section 553(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), or any other law, including any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term “rule” does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances;
(3) the term “small business” has the same meaning as the term “small business concern” under section 3 of the Small Business Act, unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register;
(4) the term “small organization” means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and publishes such
Stored review status: release_metadata_unconfirmed. The source passage cites 5 U.S.C. § 601. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 601. Definitions
For purposes of this chapter—
(1) the term ‘‘agency’’ means an agency as
defined in section 551(1) of this title;
(2) the term ‘‘rule’’ means any rule for which
the agency publishes a general notice of pro-
posed rulemaking pursuant to section 553(b) of
this title, or any other law, including any rule
of general applicability governing Federal
grants to State and local governments for
which the agency provides an opportunity for
notice and public comment, except that the
term ‘‘rule’’ does not include a rule of par-
ticular applicability relating to rates, wages,
corporate or financial structures or reorga-
nizations thereof, prices, facilities, appliances,
services, or allowances therefor or to valu-
ations, costs or accounting, or practices relat-
ing to such rates, wages, structures, prices, ap-
pliances, services, or allowances;
Page 170
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 601
(3) the term ‘‘small business’’ has the same
meaning as the term ‘‘small business concern’’
under section 3 of the Small Business Act, un-
less an agency, after consultation with the Of-
fice of Advocacy of the Small Business Admin-
istration and after opportunity for public com-
ment, establishes one or more definitions of
such term which are appropriate to the activi-
ties of the agency and publishes such defini-
tion(s) in the Federal Register;
(4) the term ‘‘small organization’’ means any
not-for-profit enterprise which is independ-
ently owned and operated and is not dominant
in its field, unless an agency establishes, after
opportunity for public comment, one or more
definitions of such term which are appropriate
to the activities of the agency and publishes
such definition(s) in the Federal Register;
(5) the term ‘‘small governmen
Stored review status: historical_2024_not_currentness_verified. The source passage cites 5 U.S.C. § 601. This identifies an authority to review, not proof of applicability.
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.
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 4501. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 4501. Short title
This chapter, divided into subchapters, may be
cited as ‘‘the Defense Production Act of 1950’’.
(Sept. 8, 1950, ch. 932, § 1, 64 Stat. 798.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning act Sept. 8, 1950, ch. 932, 64 Stat.
798, known as the Defense Production Act of 1950, which
is classified principally to this chapter. For complete
classification of this Act to the Code, see Tables.
CODIFICATION
Section was formerly classified to section 2061 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2018 AMENDMENT
Pub. L. 115–232, div. A, title XVII, § 1701, Aug. 13, 2018,
132 Stat. 2174, provided that: ‘‘This subtitle [subtitle A
(§§ 1701–1728) of title XVII of div. A of Pub. L. 115–232,
amending section 4565 of this title and enacting provi-
sions set out as notes under section 4565 of this title]
may be cited as the ‘Foreign Investment Risk Review
Modernization Act of 2018’.’’
SHORT TITLE OF 2009 AMENDMENT
Pub. L. 111–67, § 1(a), Sept. 30, 2009, 123 Stat. 2006, pro-
vided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Defense Production Act Reauthor-
ization of 2009’.’’
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–367, § 1, Oct. 8, 2008, 122 Stat. 4026, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘Defense Production Act Extension and Re-
authorization of 2008’.’’
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110–49, § 1(a), July 26, 2007, 121 Stat. 246, pro-
vided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Foreign Investment and National
Security Act of 2007’.’’
SHORT TITLE OF
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 4501. This identifies an authority to review, not proof of applicability.