22 U.S.C. § 3141 — Congressional findings

Page 1311 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3141 ment, personnel, and facilities of any agency or instrumentality of the United States Govern- ment. (Pub. L. 94–472, § 7, Oct. 11, 1976, 90 Stat. 2064.) Editorial Notes REFERENCES IN TEXT Section 5703 of title 5, referred to in subsec. (a), was amended generally by Pub. L. 94–22, § 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b). § 3107. Consultations; creation of independent public advisory committees Officials performing functions pursuant to this chapter shall secure balanced, diverse, and re- sponsible views from qualified persons rep- resenting business, organized labor, and the aca- demic community and may, where appropriate, create such independent public advisory com- mittees as are necessary to carry out the pur- poses of this chapter. (Pub. L. 94–472, § 8, Oct. 11, 1976, 90 Stat. 2064; Pub. L. 95–381, § 3, Sept. 22, 1978, 92 Stat. 726; Pub. L. 97–33, § 4, Aug. 7, 1981, 95 Stat. 171.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–33 struck out designation ‘‘(a)’’ be- fore ‘‘Officials performing functions’’ and struck out subsec. (b) which provided that the President review the results of studies and surveys conducted pursuant to this chapter and report annually to the Committee on International Relations [Foreign Affairs] of the House of Representatives and the appropriate commit- tees of the Senate on any trends or developments which might have had national policy implications and which in the President’s opinion warranted the review of the respective committees. 1978—Subsec. (b). Pub. L. 95–381 substituted ref- erences to President, for references to Council on Inter- national Economic Policy. Executive Documents EXECUTIVE ORDER NO. 11962 Ex. Ord. No. 11962, Jan. 19, 1977, 42 F.R. 4323, which es- tablished the President’s Advisory Board on Inter- national Investment, was revoked by Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, formerly set out as a note under section 14 of Appendix of Title 5, Government Or- ganization and Employees. § 3108. Authorization of appropriations To carry out this chapter, there are authorized to be appropriated $4,400,000 for the fiscal year ending September 30, 1980, $4,500,000 for the fis- cal year ending September 30, 1981, $4,000,000 for the fiscal year ending September 30, 1982, and such sums as may be necessary for any subse- quent fiscal years. (Pub. L. 94–472, § 9, Oct. 11, 1976, 90 Stat. 2064; Pub. L. 95–381, § 1, Sept. 22, 1978, 92 Stat. 726; Pub. L. 96–72, § 23(a), Sept. 29, 1979, 93 Stat. 536; Pub. L. 97–33, § 5, Aug. 7, 1981, 95 Stat. 171.) Editorial Notes AMENDMENTS 1981—Pub. L. 97–33 inserted provisions authorizing ap- propriations of $4,000,000 for fiscal year ending Sept. 30, 1982, and such sums as might be necessary for any sub- sequent fiscal years. 1979—Pub. L. 96–72 substituted provisions authorizing appropriations of $4,400,000 for fiscal year ending Sept. 30, 1980, and $4,500,000 for fiscal year ending Sept. 30, 1981, for provisions authorizing appropriations of $4,000,000 for fiscal year ending Sept. 30, 1979. 1978—Pub. L. 95–381 increased authorization from $1,000,000 to $4,000,000, and struck out provisions au- thorizing appropriation of $1,000,000 for fiscal year end- ing Sept. 30, 1978. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–72, § 23(b), Sept. 29, 1979, 93 Stat. 536, which provided that the amendment made to this section by Pub. L. 96–72 would take effect on Oct. 1, 1979, was re- pealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–381, § 4, Sept. 22, 1978, 92 Stat. 726, provided that: ‘‘The amendment made by the first section of this Act [amending this section] shall take effect on Octo- ber 1, 1978.’’ CHAPTER 46A—FOREIGN DIRECT INVEST- MENT AND INTERNATIONAL FINANCIAL DATA Sec. 3141. Congressional findings. 3142. Report by Secretary of Commerce. 3143. Reports by Government Accountability Of- fice. 3144. Access to information; confidentiality. 3145. Construction of foreign direct investment and international financial data provisions. 3146. Definitions. § 3141. Congressional findings The Congress makes the following findings: (1) The United States Government collects substantial amounts of information from for- eign owned or controlled business enterprises or affiliates operating in the United States. (2) Additional analysis and presentation of this information is desirable to assist the pub- lic debate on the issue of foreign direct invest- ments in the United States. (3) Information collected from foreign owned or controlled firms by the Bureau of Economic Analysis has serious analytical limitations be- cause it is largely collected on an ‘‘enterprise’’ basis that does not permit an adequate anal- ysis by industry groupings. (4) Statistical and analytic comparisons of the performance of foreign owned or con- trolled businesses operating within the United States with other business enterprises oper- ating within the same industry can be accom- plished under sections 3101(b) and 3104(c) of this title, and under Executive Order Num- bered 11961, without the need to collect addi- tional information, by sharing with other au- thorized Government agencies the employer identification numbers maintained by the Bu- reau of Economic Analysis. (5) Public disclosures of confidential busi- ness information collected by the United States Government relating to international direct investment flows could cause serious damage to the accuracy of the statistical data base. Page 1312 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3142 1 See References in Text note below. (6) The Government Accountability Office may have limited access to Government data on foreign direct investment. (Pub. L. 101–533, § 2, Nov. 7, 1990, 104 Stat. 2344; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT Executive Order Numbered 11961, referred to in par. (4), is set out as a note under section 3101 of this title. AMENDMENTS 2004—Par. (6). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–533, § 1, Nov. 7, 1990, 104 Stat. 2344, pro- vided that: ‘‘This Act [enacting this chapter and sec- tion 401 of Title 13, Census, and amending sections 3101 and 3103 to 3105 of this title and section 9 of Title 13] may be cited as the ‘Foreign Direct Investment and International Financial Data Improvements Act of 1990’.’’ § 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 Af- fairs of the House of Representatives, to the Committee on Commerce, Science, and Trans- portation of the Senate, and to the Joint Eco- nomic Committee of the Congress a report on the role and significance of foreign direct invest- ment in the United States. Such report shall ad- dress the history, scope, trends, market con- centrations, 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 com- mittee 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 and fol- lowing); (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 Inter- national Investment and Trade in Services Survey Act, but only to the extent that such information is in a form that cannot be associ- ated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment; (4) the Secretary of Commerce or the Sec- retary’s designee pursuant to section 2 1 of Ex- ecutive Order 11858 of May 7, 1975; (5) the United States Department of Agri- culture under the Agricultural Foreign Invest- ment Disclosure Act of 1978 (7 U.S.C. 3501 and following); (6) the Department of the Treasury under section 6039C of title 26, but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, di- rectly or indirectly, a person, including any enterprise or establishment; (7) the Department of Energy under section 7267(8) of title 42, 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 enter- prise or establishment; (8) other Federal agencies not referred to in paragraphs (1) through (7), but only to the ex- tent that such information is in a form that cannot be associated with, or otherwise iden- tify, directly or indirectly, a person, including any enterprise or establishment; (9) foreign governments and agencies there- of; 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 employ- ment, market share, value added, productivity, research and development, exports, imports, profitability, taxes paid, and investment incen- tives and services provided by State and local governments (including quasi-governmental en- tities). (2) Each such analysis shall be done by signifi- cant 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 pre- ceding 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 law- ful 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 owner- ship of which are owned or controlled by a for- eign person, and of the number and market share of the establishments of such business en- terprises, that are engaged substantially in the production or coproduction of any critical tech- nologies identified in the most recent assess- ment prepared under section 4816 of title 10 or included in the most recent report submitted to the President under section 6683 1 of title 42. (Pub. L. 101–533, § 3, Nov. 7, 1990, 104 Stat. 2344; Pub. L. 102–484, div. A, title X, § 1054(f), Oct. 23, 1992, 106 Stat. 2503; Pub. L. 103–160, div. A, title