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22 U.S.C. § 3142 — Report by Secretary of Commerce

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3142 — Report by Secretary of Commerce

**(a) Annual report on foreign direct investment in United States** Not later than 6 months after November 7, 1990, and not later than the end of each 1-year period occurring thereafter, the Secretary of Commerce shall submit to the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives, to the Committee on Commerce, Science, and Transportation of the Senate, and to the Joint Economic Committee of the Congress a report on the role and significance of foreign direct investment in the United States. Such report shall address the history, scope, trends, market concentrations, and effects on the United States economy of such investment. In addition, the Secretary of Commerce shall, if requested by any such committee, appear before that committee to provide testimony with respect to any report under this subsection. **(b) Sources of data** In preparing each report under subsection (a), the Secretary of Commerce, or the Secretary’s designees, shall consider information collected by— (1) the Bureau of Economic Analysis under the International Investment and Trade in Services Survey Act ([22 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3101&num=0&edition=prelim) and following); (2) the Bureau of the Census on industry, manufacturing, research and development, and trade, under title 13; (3) the Bureau of Labor Statistics pertaining to information collected under the International Investment and Trade in Services Survey Act, but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment; (4) the Secretary of Commerce or the Secr

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Stable record: federal_law:legal_authorities:record_usc_baf7e64690724eec94952fb3
Source file: Laws/federal/codes/united-states-code/title-22/section-3142-report-by-secretary-of-commerce--2f7ac1898a.md
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Source location: Title 22, Chapter 46A, § 3142; chapter-46a-foreign-direct-investment-and-international-financial-data.md

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**(a) Annual report on foreign direct investment in United States** Not later than 6 months after November 7, 1990, and not later than the end of each 1-year period occurring thereafter, the Secretary of Commerce shall submit to the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives, to the Committee on Commerce, Science, and Transportation of the Senate, and to the Joint Economic Committee of the Congress a report on the role and significance of foreign direct investment in the United States. Such report shall address the history, scope, trends, market concentrations, and effects on the United States economy of such investment. In addition, the Secretary of Commerce shall, if requested by any such committee, appear before that committee to provide testimony with respect to any report under this subsection. **(b) Sources of data** In preparing each report under subsection (a), the Secretary of Commerce, or the Secretary’s designees, shall consider information collected by— (1) the Bureau of Economic Analysis under the International Investment and Trade in Services Survey Act ([22 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3101&num=0&edition=prelim) and following); (2) the Bureau of the Census on industry, manufacturing, research and development, and trade, under title 13; (3) the Bureau of Labor Statistics pertaining to information collected under the International Investment and Trade in Services Survey Act, but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment; (4) the Secretary of Commerce or the Secretary’s designee pursuant to section 2 11 See References in Text note below. of Executive Order 11858 of May 7, 1975; (5) the United States Department of Agriculture under the Agricultural Foreign Investment Disclosure Act of 1978 ([7 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section3501&num=0&edition=prelim) and following); (6) the Department of the Treasury under [section 6039C of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6039C&num=0&edition=prelim), but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment; (7) the Department of Energy under [section 7267(8) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7267/8&num=0&edition=prelim), but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment; (8) other Federal agencies not referred to in paragraphs (1) through (7), but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment; (9) foreign governments and agencies thereof; and (10) private sector sources. **(c) Analyses** (1) The analysis in each report prepared under subsection (a) shall, to the extent of available data, compare business enterprises controlled by foreign persons with other business enterprises in the United States with respect to employment, market share, value added, productivity, research and development, exports, imports, profitability, taxes paid, and investment incentives and services provided by State and local governments (including quasi-governmental entities). (2) Each such analysis shall be done by significant industry sectors and geographical regions, except that information shall not be presented in a way in which any person, including any business enterprise or establishment, can be identified. The restriction contained in the preceding sentence on presentation of information does not apply to information that is obtained from foreign governments or agencies thereof and that has been published pursuant to the lawful disclosure of the information. To the extent that data are available, each such analysis shall include an analysis, together with current levels and trends, of the number and market share of business enterprises at least 10 percent of the voting securities or other evidences of ownership of which are owned or controlled by a foreign person, and of the number and market share of the establishments of such business enterprises, that are engaged substantially in the production or coproduction of any critical technologies identified in the most recent assessment prepared under [section 4816 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4816&num=0&edition=prelim) or included in the most recent report submitted to the President under section 6683 1 of title 42.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3101 — Congressional statement of findings and declaration of purpose

**(a) Findings** The Congress finds and declares that— (1) the United States Government is presently authorized to collect limited amounts of information on United States investment abroad and foreign investment in the United States; (2) international investment has increased rapidly within recent years; (3) such investment significantly affects the economies of the United States and other nations; (4) international efforts to obtain information on the activities of multinational enterprises and other international investors have accelerated recently; (5) the potential consequences of international investment cannot be evaluated accurately because the United States Government lacks sufficient information on such investment and its actual or possible effects on the national security, commerce, employment, inflation, general welfare, and foreign policy of the United States; (6) accurate and comprehensive information on international investment is needed by the Congress to develop an informed United States policy on such investment; (7) United States service industries engaged in interstate and foreign commerce account for a substantial part of the labor force and gross national product of the United States economy, and such commerce is rapidly increasing; (8) international trade and services is an important issue for international negotiations and deserves priority in the attention of governments, international agencies, negotiators, and the private sector; and (9) existing estimates of international investment and trade in services, collected under existing legal authority, are limited in scope and are based on outdated statistical bases, reports, and information which are insufficient for policy formulation and decisionmaking. **(b) Purpose** It is therefore t

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 3501 — Reporting requirements

**(a) Acquisitions or transfers of certain agricultural land interests by foreign persons** Any foreign person who acquires or transfers any interest, other than a security interest, in agricultural land shall submit a report to the Secretary of Agriculture not later than 90 days after the date of such acquisition or transfer. Such report shall be submitted in such form and in accordance with such procedures as the Secretary may require and shall contain— (1) the legal name and the address of such foreign person; (2) in any case in which such foreign person is an individual, the citizenship of such foreign person; (3) in any case in which such foreign person is not an individual or a government, the nature of the legal entity holding the interest, the country in which such foreign person is created or organized, and the principal place of business of such foreign person; (4) the type of interest in agricultural land which such foreign person acquired or transferred; (5) the legal description and acreage of such agricultural land; (6) the purchase price paid for, or any other consideration given for, such interest; (7) in any case in which such foreign person transfers such interest, the legal name and the address of the person to whom such interest is transferred and— (A) in any case in which such transferee is an individual, the citizenship of such transferee; and (B) in any case in which such transferee is not an individual or a government, the nature of the legal entity holding the interest, the country in which such transferee is created or organized, and the principal place of business of such transferee; (8) the agricultural purposes for which such foreign person intends, on the date on which such report is submitted to the Secretary, to use such agr

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2505 — Renumbered § 4816]

### Statutory Notes #### Prior Provisions A prior section 2505 was renumbered [section 4852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4852&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2506 — Repealed. Pub. L. 116–283, div. A, title XVIII, § 1867(c)(2), Jan. 1, 2021, 134 Stat. 4281]

### Statutory Notes Section, added Pub. L. 102–484, div. D, title XLII, § 4216(a), Oct. 23, 1992, 106 Stat. 2668; amended Pub. L. 104–201, div. A, title VIII, § 829(d), Sept. 23, 1996, 110 Stat. 2613; Pub. L. 111–383, div. A, title VIII, § 895(d), Jan. 7, 2011, 124 Stat. 4314; Pub. L. 115–91, div. A, title X, § 1051(a)(18), Dec. 12, 2017, 131 Stat. 1561, related to Department of Defense technology and industrial base policy guidance. See [section 4811(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4811/c&num=0&edition=prelim). A prior section 2506 was renumbered [section 4861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4861&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding [section 3001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 6039C — Returns with respect to foreign persons holding direct investments in United States real property interests

**(a) General rule** To the extent provided in regulations, any foreign person holding direct investments in United States real property interests for the calendar year shall make a return setting forth— (1) the name and address of such person, (2) a description of all United States real property interests held by such person at any time during the calendar year, and (3) such other information as the Secretary may by regulations prescribe. **(b) Definition of foreign persons holding direct investments in United States real property interests** For purposes of this section, a foreign person shall be treated as holding direct investments in United States real property interests during any calendar year if— (1) such person did not engage in a trade or business in the United States at any time during such calendar year, and (2) the fair market value of the United States real property interests held directly by such person at any time during such year equals or exceeds $50,000. **(c) Definitions and special rules** For purposes of this section— (1) **United States real property interest** — The term “United States real property interest” has the meaning given to such term by section 897(c). (2) **Foreign person** — The term “foreign person” means any person who is not a United States person. (3) **Attribution of ownership** — For purposes of subsection (b)(2)— (A) *Interests held by partnerships, etc.* — United States real property interests held by a partnership, trust, or estate shall be treated as owned proportionately by its partners or beneficiaries. (B) *Interests held by family members* — United States real property interests held by the spouse or any minor child of an individual shall be treated as owned by such individual. (4) **Time and manner of f

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 21 — Oath of Senators

The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4565 — Separability

If any provision of this chapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4816 — National technology and industrial base: periodic defense capability assessments

**(a) Periodic Assessment.—** Each fiscal year, the Secretary of Defense shall prepare selected assessments of the capability of the national technology and industrial base to attain the national security objectives set forth in [section 4811(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4811/a&num=0&edition=prelim). The Secretary of Defense shall prepare such assessments in consultation with the Secretary of Commerce and the Secretary of Energy. **(b) Assessment Process.—** The Secretary of Defense shall ensure that technology and industrial capability assessments— (1) describe sectors or capabilities, their underlying infrastructure and processes; (2) analyze present and projected financial performance of industries supporting the sectors or capabilities in the assessment; (3) determine the extent to which the requirements associated with defense acquisition programs can be satisfied by the present and projected performance capacities of industries supporting the sectors or capabilities in the assessment, evaluate the reasons for any variance from applicable preceding determinations, and identify the extent to which those industries are comprised of only one potential source in the national technology and industrial base or have multiple potential sources; (4) determine the extent to which the requirements associated with defense acquisition programs can be satisfied by the present and projected performance capacities of industries that do not actively support Department of Defense acquisition programs and identify the barriers to the participation of those industries; (5) identify technological and industrial capabilities and processes for which there is potential for the national industrial and technology base no

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3143 — Reports by Government Accountability Office

**(a) In general** The Comptroller General, to the extent permitted by law, including [section 3144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3144&num=0&edition=prelim), is authorized to review the information described in [section 3142(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3142/b&num=0&edition=prelim) for purposes of preparing the reports referred to in subsection (b) of this section. Nothing in this section authorizes disclosure of any individually identifiable data or information in any form that can be associated with or otherwise identify, directly or indirectly, any person, including any enterprise or establishment. **(b) Reports** Consistent with the provisions of this section, the Comptroller General may submit to the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives, to the Committee on Commerce, Science, and Transportation of the Senate, and to the Joint Economic Committee of the Congress reports— (1) analyzing reports issued by the Secretary of Commerce under [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3142&num=0&edition=prelim); (2) making recommendations for changes in the analysis done in the report due the following year under [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3142&num=0&edition=prelim); (3) making recommendations for improving the collection by respective Federal agencies of data on foreign direct investment in the United States, including use of private sector data, and improving survey questionnaires to obtain useful and consistent

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3101 — Congressional statement of findings and

Page 1305 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3101 paid by the Secretary of the Senate or the Clerk of the House of Representatives. After amendment, section 3304(i)(1) of title 5 defines ‘‘technician’’. AMENDMENTS 2024—Subsec. (d)(2). Pub. L. 118–188 substituted ‘‘3304(i)(1)’’ for ‘‘3304(c)(1)’’. 1996—Subsec. (d)(2). Pub. L. 104–186 substituted ‘‘Chief Administrative Officer’’ for ‘‘Clerk’’. 1985—Subsecs. (a), (b). Pub. L. 99–7, in amending sec- tion generally, added subsecs. (a) and (b). Subsec. (c). Pub. L. 99–7, in amending section gen- erally, designated existing provisions as subsec. (c) and substituted ‘‘All staff appointments shall be made’’ for ‘‘The Commission may appoint and fix the pay of such staff personnel as it deems desirable,’’. Subsec. (d). Pub. L. 99–7, in amending section gen- erally, added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–7 effective Apr. 15, 1985, ex- cept for enactment of subsec. (d) which was effective June 3, 1976, see section 6(a), (b)(2) of Pub. L. 99–7, set out as a note under section 3002 of this title. § 3009. Printing and binding costs For purposes of costs relating to printing and binding, including the costs of personnel de- tailed from the Government Publishing Office, the Commission shall be deemed to be a com- mittee of the Congress. (Pub. L. 94–304, § 9, as added Pub. L. 99–190, § 134, Dec. 19, 1985, 99 Stat. 1322; amended Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note pre- cedin

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