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15 USC CHAPTER 75 - NATIONAL TRADE DATA BANK 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

.

-HEAD-

CHAPTER 75 - NATIONAL TRADE DATA BANK

-MISC1-

Sec.

4901. Definitions.

4902. Interagency Trade Data Advisory Committee.

(a) Establishment.

(b) Membership.

(c) Chairman.

(d) Designees.

4903. Functions of Committee.

4904. Consultation with private sector and government officials.

4905. Cooperation among executive agencies.

4906. Establishment of Data Bank.

(a) Establishment.

(b) International Economic Data System.

(c) Export Promotion Data System.

4907. Operation of Data Bank.

4908. Information on service sector.

(a) Service sector information.

(b) Survey.

(c) General information and index of leading

indicators.

4909. Exclusion of information.

4910. Nonduplication.

4911 Collection of data.

4912. Fees and access.

4913. Report to Congress.

(a) Interim report.

(b) Final report.

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15 USC Sec. 4901 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4901. Definitions

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For purposes of this chapter -

(1) the term ''Committee'' means the Interagency Trade Data

Advisory Committee;

(2) the term ''Data Bank'' means the National 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 system'' means the data

system known as the Commercial Information Management System

which is maintained and operated by the United States and Foreign

Commercial Service and is established as part of the Data Bank

under section 4906 (FOOTNOTE 1) of this title;

(FOOTNOTE 1) See References in Text note below.

(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 policymakers and

analysis concerned with international economics; and

(6) the term ''Secretary'' means the Secretary of Commerce.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5401, Aug. 23, 1988, 102 Stat.

1463.)

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REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

subtitle'', meaning subtitle E (Sec. 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 complete classification of subtitle E to

the Code, see Tables.

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.

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15 USC Sec. 4902 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4902. Interagency Trade Data Advisory Committee

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(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 President of the Overseas Private Investment

Corporation; and

(14) such other members as may be appointed by the President

from full-time officers 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.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5402, Aug. 23, 1988, 102 Stat.

1463.)

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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 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

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15 USC Sec. 4903 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4903. Functions of Committee

-STATUTE-

The Committee shall advise the Secretary of Commerce, as

appropriate, on the establishment, 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 provide the private sector and government

officials efficient access to economic and trade data collected by

the Federal Government for purposes of policymaking and export

promotion.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5403, Aug. 23, 1988, 102 Stat.

1464.)

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15 USC Sec. 4904 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4904. Consultation with private sector and government

officials

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The Secretary shall regularly consult with representatives of the

private sector and officials of State and local governments to

assess the adequacy of United States trade information. The

Secretary shall seek recommendations on how trade information can

be made more accessible, understandable, and relevant. The

Secretary shall seek recommendations as to what data should be

included in the export promotion data system in the Data Bank.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5404, Aug. 23, 1988, 102 Stat.

1464.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4906 of this title.

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15 USC Sec. 4905 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4905. Cooperation among executive agencies

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Each executive agency shall furnish to the Secretary such

information for inclusion in the National Trade Data Bank as the

Secretary, in consultation with the Advisory Committee, considers

necessary to the operation of the Data Bank.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5405, Aug. 23, 1988, 102 Stat.

1464.)

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15 USC Sec. 4906 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4906. Establishment of Data Bank

-STATUTE-

(a) Establishment

Within 2 years after August 23, 1988, the Secretary of Commerce

shall establish the Data Bank. The Secretary shall manage the Data

Bank. The Data Bank shall consist of two data systems, to be

designated the International Economic Data System, as described in

subsection (b) of this section and the Export Promotion Data

System, as described in subsection (c) of this section.

(b) International Economic Data System

The International Economic Data System shall include current and

historical information determined by the Secretary to be useful

(after the consultation required by section 4904 of this title) to

policymakers and analysts concerned with international economics

and trade and which shall include data compiled or obtained by

appropriate executive agencies. Such information shall not

identify parties to transactions. Such information may include

data for the United States and countries with which the United

States has important economic relations including -

(1) data on imports and exports, including -

(A) aggregate import and export data for the United States

and for each foreign country;

(B) industry-specific import and export data for each foreign

country;

(C) product and service specific import and export data for

the United States;

(D) market penetration information; and

(E) foreign destinations for exports of the United States;

(2) data on international service transactions;

(3) information on international capital markets, including -

(A) interest rates; and

(B) average exchange rates;

(4) information on foreign direct investment in the United

States economy;

(5) international labor market information, including -

(A) wage rates for major industries;

(B) international unemployment rates; and

(C) trends in international labor productivity;

(6) information on foreign government policies affecting trade,

including -

(A) trade barriers; and

(B) export financing policies;

(7) import and export data for the United States on a

State-by-State basis aggregated at the product level including -

(A) data concerning the country shipping the import, the

State of first destination, and the original part (FOOTNOTE 1)

of entry for imports of goods and, to the extent possible,

services; and

(FOOTNOTE 1) So in original. Probably should be ''port''.

(B) data concerning the State of the exporter, the port of

departure, and the country of first destination for export of

goods and, to the extent possible, services; and

(8) any other economic and trade data collected by the Federal

Government that the Secretary determines to be useful in carrying

out the purposes of this chapter.

(c) Export Promotion Data System

The export promotion data system shall include data and

information collected by the Federal Government on the industrial

sectors and markets of foreign countries which are determined by

the Secretary (after consultation required by section 4904 of this

title) to be of the greatest interest to United States business

firms that are engaged in export-related activities and to Federal

and State agencies that promote exports, while providing for the

confidentiality of proprietary business information, and shall be

designed to use the most effective means of disseminating data and

information electronically through the Department, or

Department-designated offices, or through other available data

bases in an accurate and timely manner. Such data system shall

monitor, organize, and disseminate selected information on -

(1) specific business opportunities in foreign countries;

(2) specific industrial sectors within foreign countries with

high export potential such as -

(A) size of the market;

(B) distribution of products;

(C) competition;

(D) significant applicable laws, regulations, specifications,

and standards;

(E) appropriate government officials; and

(F) trade associations and other contact points; and

(3) foreign countries generally, such as -

(A) the general economic conditions;

(B) common business practices;

(C) significant tariff and trade barriers; and

(D) other significant laws and regulations regarding imports,

licensing, and the protection of intellectual property;

(4) export financing information, including the availability,

through public sources of funds for United States exporters and

foreign competitors;

(5) transactions involving barter and countertrade; and

(6) any other similar information, that the Secretary

determines to be useful in carrying out the purposes of this

chapter.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5406, Aug. 23, 1988, 102 Stat.

1464.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4901, 4903, 4913 of this

title.

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15 USC Sec. 4907 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4907. Operation of Data Bank

-STATUTE-

The Secretary shall manage the Data Bank to provide the most

appropriate data retrieval system or systems possible. Such system

or systems shall -

(1) be designed to utilize data processing and retrieval

technology in monitoring, organizing, analyzing, and

disseminating the data and information contained in the Data

Bank;

(2) use the most effective and meaningful means of organizing

and making such information available to -

(A) United States Government policymakers;

(B) United States business firms;

(C) United States workers;

(D) United States industry associations;

(E) United States agricultural interests;

(F) State and local economic development agencies; and

(G) other interested United States persons who could benefit

from such information;

(3) be of such quality and timeliness and in such form as to

assist coordinated trade strategies for the United States; and

(4) facilitate dissemination of information through nonprofit

organizations with significant outreach programs which complement

the regional outreach programs of the United States and Foreign

Commercial Service.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5407, Aug. 23, 1988, 102 Stat.

1466.)

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15 USC Sec. 4908 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4908. Information on service sector

-STATUTE-

(a) Service sector information

The Secretary shall ensure that, to the extent possible, there is

included in the Data Bank information on service sector economic

activity that is as complete and timely as information on economic

activity in the merchandise sector.

(b) Survey

The Secretary shall undertake a new benchmark survey of service

transactions, including transactions with respect to -

(1) banking services;

(2) information services, including computer software services;

(3) brokerage services;

(4) transportation services;

(5) travel services;

(6) engineering services;

(7) construction services; and

(8) health services.

(c) General information and index of leading indicators

The Secretary shall provide -

(1) not less than once a year, comprehensive information on the

service sector of the economy; and

(2) an index of leading indicators which includes the

measurement of service sector activity in direct proportion to

the contribution of the service sector to the gross national

product of the United States.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5408, Aug. 23, 1988, 102 Stat.

1466.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4911, 4913 of this title.

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15 USC Sec. 4909 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4909. Exclusion of information

-STATUTE-

The Data Bank shall not include any information -

(1) the disclosure of which to the public is prohibited under

any other provision of law or otherwise authorized to be withheld

under other provision of law; or

(2) that is specifically authorized under criteria established

by statute or an Executive order not to be disclosed in the

interest of national defense or foreign policy and are in fact

properly classified pursuant to such Executive order.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5409, Aug. 23, 1988, 102 Stat.

1467.)

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15 USC Sec. 4910 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4910. Nonduplication

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The Secretary shall ensure that information systems created or

developed pursuant to this chapter do not unnecessarily duplicate

information systems available from other Federal agencies or from

the private sector.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5410, Aug. 23, 1988, 102 Stat.

1467.)

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15 USC Sec. 4911 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4911. Collection of data

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Except as provided in section 4908 of this title, nothing in this

chapter shall be considered to grant independent authority to the

Federal Government to collect any data or information from

individuals or entities outside of the Federal Government.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5411, Aug. 23, 1988, 102 Stat.

1467.)

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15 USC Sec. 4912 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4912. Fees and access

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The Secretary shall provide reasonable public services and access

(including electronic access) to any information maintained as part

of the Data Bank and may charge reasonable fees consistent with

section 552 of title 5.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5412, Aug. 23, 1988, 102 Stat.

1467.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1527a of this title.

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15 USC Sec. 4913 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 75 - NATIONAL TRADE DATA BANK

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Sec. 4913. Report to Congress

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(a) Interim report

Not more than 1 year after August 23, 1988, the Secretary after

consultation with the Advisory Committee shall submit a report to

the Governmental Affairs Committee and the Banking, Housing, and

Urban Affairs Committee of the Senate, other appropriate committees

of the Senate, and the House of Representatives describing actions

taken pursuant to this chapter, particularly -

(1) actions taken to provide the information on services

described in section 4908 of this title; and

(2) actions taken to provide State-by-State information as

described in section 4906(b)(7) of this title.

(b) Final report

Not more than 3 years after August 23, 1988, the Secretary after

consultation with the Advisory Committee shall submit a report to

the Governmental Affairs Committee and the Banking, Housing, and

Urban Affairs Committee of the Senate, other appropriate committees

of the Senate, and the House of Representatives -

(1) assessing the current quality and comprehensiveness of, and

the ability of the public and of private entities to obtain

access to trade data;

(2) describing all other actions taken and planned to be taken

pursuant to this chapter;

(3) including comments by the private sector and by State

agencies that promote exports on the implementation of the Data

Bank;

(4) describing the extent to which the systems within the Data

Bank are being used and any recommendations with regard to the

operation of the system; and

(5) describing the extent to which United States citizens and

firms have access to the data banks of foreign countries that is

similar to the access provided to foreign citizens and firms.

-SOURCE-

(Pub. L. 100-418, title V, Sec. 5413, Aug. 23, 1988, 102 Stat.

1467.)

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