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- ceding section 301 of Title 44, Public Printing and Docu- ments. CHAPTER 46—INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY Sec. 3101. Congressional statement of findings and dec- laration of purpose. 3102. Definitions. 3103. Presidential authority and duties. 3104. Rules and regulations. 3105. Enforcement. 3106. Use of experts and administrative support services. 3107. Consultations; creation of independent public advisory committees. 3108. Authorization of appropriations. § 3101. Congressional statement of findings and declaration of purpose (a) Findings The Congress finds and declares that— (1) the United States Government is pres- ently 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 na- tions; (4) international efforts to obtain informa- tion on the activities of multinational enter- prises and other international investors have accelerated recently; (5) the potential consequences of inter- national investment cannot be evaluated accu- rately because the United States Government lacks sufficient information on such invest- ment and its actual or possible effects on the national security, commerce, employment, in- flation, 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 in- creasing; (8) international trade and services is an im- portant issue for international negotiations and deserves priority in the attention of gov- ernments, international agencies, negotiators, and the private sector; and (9) existing estimates of international in- vestment 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 in- sufficient for policy formulation and decision- making. (b) Purpose It is therefore the purpose of this chapter to provide clear and unambiguous authority for the President to collect information on inter- national investment and United States foreign trade in services, whether directly or by affili- ates, including related information necessary for assessing the impact of such investment and trade, to authorize the collection and use of in- formation on direct investments owned or con- trolled directly or indirectly by foreign govern- ments or persons, and to provide analyses of such information to the Congress, the executive agencies, and the general public. It is the intent of the Congress that information which is col- lected from the public under this chapter be ob- tained with a minimum burden on business and other respondents and with no unnecessary du- plication of effort, consistent with the national interest in obtaining comprehensive and reliable information on international investment and trade in services. (c) Nonrestraint and nondeterrence of invest- ment Nothing in this chapter is intended to restrain or deter foreign investment in the United States, United States investment abroad, or trade in services. (Pub. L. 94–472, § 2, Oct. 11, 1976, 90 Stat. 2059; Pub. L. 98–573, title III, § 306(b)(2), Oct. 30, 1984, 98 Stat. 3009; Pub. L. 101–533, § 6(A)[(a)], Nov. 7, 1990, 104 Stat. 2348.) Page 1306 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3102 Editorial Notes AMENDMENTS 1990—Subsec. (b). Pub. L. 101–533 inserted ‘‘to author- ize the collection and use of information on direct in- vestments owned or controlled directly or indirectly by foreign governments or persons,’’ after ‘‘the impact of such investment and trade,’’ in first sentence. 1984—Subsec. (a)(7) to (9). Pub. L. 98–573, § 306(b)(2)(A), added pars. (7) and (8), redesignated former par. (7) as (9), and inserted ‘‘and trade in services’’ after ‘‘inter- national investment’’ in par. (9). Subsec. (b). Pub. L. 98–573, § 306(b)(2)(B), substituted ‘‘international investment and United States foreign trade in services, whether directly or by affiliates, in- cluding related information necessary for assessing the impact of such investment and trade,’’ for ‘‘inter- national investment’’, and ‘‘international investment and trade in services’’ for ‘‘international investment’’. Subsec. (c). Pub. L. 98–573, § 306(b)(2)(C), inserted ref- erence to trade in services. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 94–472, § 1, Oct. 11, 1976, 90 Stat. 2059, as amended by Pub. L. 98–573, title III, § 306(b)(1), Oct. 30, 1984, 98 Stat. 3009, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘International Invest- ment and Trade in Services Survey Act’.’’ Executive Documents EX. ORD. NO. 11961. INTERNATIONAL INVESTMENT AND TRADE IN SERVICES Ex. Ord. No. 11961, Jan. 19, 1977, 42 F.R. 4321, as amended by Ex. Ord. No. 12013, Oct. 7, 1977, 42 F.R. 54931; Ex. Ord. No. 12318, Aug. 21, 1981, 46 F.R. 42833; Ex. Ord. No. 12518, June 3, 1985, 50 F.R. 23661, provided: By virtue of the authority vested in me by the Inter- national Investment and Trade in Services Survey Act (90 Stat. 2059, 22 U.S.C. 3101) [this chapter], and section 301 of title 3 of the United States Code, and as Presi- dent of the United States of America, it is hereby or- dered as follows: SECTION 1. All the functions vested in the President by the International Investment and Trade in Services Survey Act (90 Stat. 2059, 22 U.S.C. 3101) [this chapter], hereinafter referred to as the Act, are hereby delegated to the Director of the Office of Management and Budg- et, hereinafter referred to as the Director. The Director may, from time to time, designate other officers or agencies of the Federal Government to perform any or all of the functions hereby delegated to the Director, subject to such instructions, limitations, and direc- tions as the Director deems appropriate. SEC. 2. Subject to the provisions of section 1 of this order, and in the absence of any contrary delegation or direction by the Director, the Secretary of the Treas- ury, with respect to portfolio investment, shall perform the functions set forth in sections 4(a)(1), (2), (5) and 4(c) of the Act [22 U.S.C. 3103(a)(1), (2), (5) and (c)]. SEC. 3. Subject to the provisions of section 1 of this order, and in the absence of any contrary delegation or direction by the Director, the Secretary of Commerce, with respect to direct investment and trade in services, shall perform the functions set forth in sections 4(a)(1), (2), (4), (5) and 4(b) of the Act [22 U.S.C. 3103(a)(1), (2), (4), (5) and (b)]. SEC. 4. Subject to the provisions of section 1 of this order, and in the absence of any contrary delegation or direction by the Director, the Secretary of Commerce shall perform the function of making periodic reports to the Committees of the Congress as set forth in Sec- tion 4(a)(3) of the Act [22 U.S.C. 3103(a)(3)]. § 3102. Definitions As used in this chapter, the term— (1) ‘‘United States’’, when used in a geo- graphic sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, and all terri- tories and possessions of the United States; (2) ‘‘foreign’’, when used in a geographic sense, means that which is situated outside the United States or which belongs to or is characteristic of a country other than the United States; (3) ‘‘person’’ means any individual, branch, partnership, associated group, association, es- tate, trust, corporation, or other organization (whether or not organized under the laws of any State), and any government (including a foreign government, the United States Gov- ernment, a State or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, in- cluding a government-sponsored agency); (4) ‘‘United States person’’ means any person resident in the United States or subject to the jurisdiction of the United States; (5) ‘‘foreign person’’ means any person resi- dent outside the United States or subject to the jurisdiction of a country other than the United States; (6) ‘‘business enterprise’’ means any organi- zation, association, branch, or venture which exists for profitmaking purposes or to other- wise secure economic advantage, and any own- ership of any real estate; (7) ‘‘parent’’ means a person of one country who, directly or indirectly, owns or controls 10 per centum or more of the voting stock of an incorporated business enterprise, or an equiva- lent ownership interest in an unincorporated business enterprise, which is located outside that country; (8) ‘‘affiliate’’ means a business enterprise located in one country which is directly or in- directly owned or controlled by a person of an- other country to the extent of 10 per centum or more of its voting stock for an incorporated business or an equivalent interest for an unin- corporated business, including a branch; (9) ‘‘international investment’’ means (A) the ownership or control, directly or indi- rectly, by contractual commitment or other- wise, by foreign persons of any interest in property in the United States, or of stock, other securities, or short- and long-term debt obligations of a United States person, and (B) the ownership or control, directly or indi- rectly, by contractual commitment or other- wise, by United States persons of any interest in property outside the United States, or of stock, other securities, or short-and long-term debt obligations of a foreign person; (10) ‘‘direct investment’’ means the owner- ship or control, directly or indirectly, by one person of 10 per centum or more of the voting securities of an incorporated business enter- prise or an equivalent interest in an unincor- porated business enterprise; and (11) ‘‘portfolio investment’’ means any inter- national investment which is not direct in- vestment. (Pub. L. 94–472, § 3, Oct. 11, 1976, 90 Stat. 2060.)