---
kind: "section"
citation: "15 U.S.C. § 4051"
title: "15"
title_heading: "Commerce and Trade"
number: "4051"
heading: "Requirement of prior authorization"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/4051"
units:
  - "Chapter 66 — Promotion of Export Trade"
  - "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 Commerce for expenses to carry out any export promotion program may be obligated or expended only if—
  - (1) the appropriation thereof has been previously 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 previously prescribed by law enacted on or after such date.
- (b) **Exception for later legislation authorizing obligations or expenditures—** To the extent that legislation enacted after the making of an appropriation to carry out any export promotion program authorizes the obligation or expenditure thereof, the limitation contained in [subsection (a)](#a) shall have no effect.
- (c) **Provisions must be specifically superseded—** The provisions of this section shall not be superseded except by a provision of law enacted after July 12, 1985, which specifically repeals, modifies, or supersedes the provisions of this section.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 “export promotion program” means any activity of the Department of Commerce designed to stimulate or assist [United States](/usc/15/4002.md?p=a-6) businesses in marketing their goods and [services](/usc/15/4002.md?p=a-2) abroad competitively with businesses from other countries, including, but not limited to—
  - (1) trade development (except for the trade adjustment assistance program) and dissemination of foreign marketing opportunities and other marketing information to [United States](/usc/15/4002.md?p=a-6) producers of goods and [services](/usc/15/4002.md?p=a-2), including the expansion of foreign markets for [United States](/usc/15/4002.md?p=a-6) textiles and apparel and any other [United States](/usc/15/4002.md?p=a-6) products;
  - (2) the development of regional and multilateral economic policies which enhance [United States](/usc/15/4002.md?p=a-6) trade and investment interests, and the provision of marketing [services](/usc/15/4002.md?p=a-2) with respect to foreign countries and regions;
  - (3) the exhibition of [United States](/usc/15/4002.md?p=a-6) goods in other countries;
  - (4) the operations of the [United States](/usc/15/4002.md?p=a-6) and Foreign Commercial [Service](/usc/15/4021.md?p=2), or any successor agency; and
  - (5) the Market Development Cooperator Program established under [section 4723 of this title](/usc/15/4723.md), and assistance for trade shows provided under [section 4724 of this title](/usc/15/4724.md).
- (e) **Printing outside United States—**
  - (1) Notwithstanding the provisions of [section 501 of title 44](/usc/44/501.md), and consistent with other applicable law, the [Secretary](/usc/15/4021.md?p=7) of Commerce, in carrying out any export promotion program, may authorize—
    - (A) the printing, distribution, and sale of documents outside the contiguous [United States](/usc/15/4002.md?p=a-6), if the [Secretary](/usc/15/4021.md?p=7) finds that the implementation of such export promotion program would be more efficient, and if such documents will be distributed primarily and sold exclusively outside the [United States](/usc/15/4002.md?p=a-6); and
    - (B) the acceptance of private notices and advertisements in connection with the printing and distribution of such documents.
  - (2) Any fees received by the [Secretary](/usc/15/4021.md?p=7) pursuant to [paragraph (1)](#e-1) shall be deposited in a separate account or accounts which may be used to defray directly the costs incurred in conducting activities authorized by [paragraph (1)](#e-1) or to repay or make advances to appropriations or other funds available for such activities.

## Source credit

(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.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Export Administration 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).