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US (United States) Code. Title 22. Chapter 46A: Foreign Direct Investment and International Financial Data

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22 USC CHAPTER 46A - FOREIGN DIRECT INVESTMENT AND

INTERNATIONAL FINANCIAL DATA 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46A - FOREIGN DIRECT INVESTMENT AND INTERNATIONAL FINANCIAL

DATA

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CHAPTER 46A - FOREIGN DIRECT INVESTMENT AND INTERNATIONAL FINANCIAL

DATA

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Sec.

3141. Congressional findings.

3142. Report by Secretary of Commerce.

(a) Annual report on foreign direct investment in

United States.

(b) Sources of data.

3143. Reports by General Accounting Office.

(a) In general.

(b) Reports.

(d) Confidentiality; review by other agencies.

(e) Right of access.

3144. Access to information; confidentiality.

(a) Confidentiality.

(b) Violations and penalties.

(d) Information immune from process.

(e) Implementation.

3145. Construction of foreign direct investment and

international financial data provisions.

(a) In general.

(b) Implementation.

3146. Definitions.

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22 USC Sec. 3141 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46A - FOREIGN DIRECT INVESTMENT AND INTERNATIONAL FINANCIAL

DATA

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Sec. 3141. Congressional findings

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The Congress makes the following findings:

(1) The United States Government collects substantial amounts

of information from foreign 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 public debate on the issue of foreign

direct investments in the United States.

(3) Information collected from foreign owned or controlled

firms by the Bureau of Economic Analysis has serious analytical

limitations because it is largely collected on an "enterprise"

basis that does not permit an adequate analysis by industry

groupings.

(4) Statistical and analytic comparisons of the performance of

foreign owned or controlled businesses operating within the

United States with other business enterprises operating within

the same industry can be accomplished under sections 3101(b) and

3104(c) of this title, and under Executive Order Numbered 11961,

without the need to collect additional information, by sharing

with other authorized Government agencies the employer

identification numbers maintained by the Bureau of Economic

Analysis.

(5) Public disclosures of confidential business 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.

(6) The General Accounting Office may have limited access to

Government data on foreign direct investment.

-SOURCE-

(Pub. L. 101-533, Sec. 2, Nov. 7, 1990, 104 Stat. 2344.)

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REFERENCES IN TEXT

Executive Order Numbered 11961, referred to in par. (4), is set

out as a note under section 3101 of this title.

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SHORT TITLE

Section 1 of Pub. L. 101-533 provided that: "This Act [enacting

this chapter and section 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'."

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22 USC Sec. 3142 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46A - FOREIGN DIRECT INVESTMENT AND INTERNATIONAL FINANCIAL

DATA

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Sec. 3142. Report by Secretary of Commerce

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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) of this section,

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

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 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 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, directly

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 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.

(1) The analysis in each report prepared under subsection (a) of

this section 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 2505 of title 10 or included in the most

recent report submitted to the President under section 6683 (!1) of

title 42.

-SOURCE-

(Pub. L. 101-533, Sec. 3, Nov. 7, 1990, 104 Stat. 2344; Pub. L.

102-484, div. A, title X, Sec. 1054(f), Oct. 23, 1992, 106 Stat.

2503; Pub. L. 103-160, div. A, title XI, Sec. 1182(d)(2), Nov. 30,

1993, 107 Stat. 1773; Pub. L. 105-261, div. A, title X, Sec.

1069(d)(2), Oct. 17, 1998, 112 Stat. 2136.)

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REFERENCES IN TEXT

The International Investment and Trade in Services Survey Act,

referred to in subsec. (b)(1), (3), is Pub. L. 94-472, Oct. 11,

1976, 90 Stat. 2059, as amended, which is classified generally to

chapter 46 (Sec. 3101 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 3101 of this title and Tables.

Executive Order 11858, referred to in subsec. (b)(4), is set out

as a note under section 78b of Title 15, Commerce and Trade.

The Agricultural Foreign Investment Disclosure Act of 1978,

referred to in subsec. (b)(5), is Pub. L. 95-460, Oct. 14, 1978, 92

Stat. 1263, which is classified generally to chapter 66 (Sec. 3501

et seq.) of Title 7, Agriculture. For complete classification of

this Act to the Code, see Short Title note set out under section

3501 of Title 7 and Tables.

Section 6683 of title 42, referred to in subsec. (c)(2), was

omitted from the Code.

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AMENDMENTS

1998 - Subsec. (c)(2). Pub. L. 105-261 substituted "identified in

the most recent assessment prepared under section 2505 of title 10"

for "included in the most recent plan submitted to the Congress

under section 2506 of title 10".

1993 - Subsec. (c)(2). Pub. L. 103-160 substituted "section 2506"

for "section 2522".

1992 - Subsec. (c)(2). Pub. L. 102-484 substituted "section 2522"

for "section 2368".

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CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives and Committee on Foreign Affairs of House of

Representatives treated as referring to Committee on International

Relations of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Commerce of House of Representatives changed

to Committee on Energy and Commerce of House of Representatives,

and jurisdiction over matters relating to securities and exchanges

and insurance generally transferred to Committee on Financial

Services of House of Representatives by House Resolution No. 5, One

Hundred Seventh Congress, Jan. 3, 2001.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3143 of this title.

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(!1) See References in Text note below.

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22 USC Sec. 3143 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 46A - FOREIGN DIRECT INVESTMENT AND INTERNATIONAL FINANCIAL

DATA

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Sec. 3143. Reports by General Accounting Office

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(a) In general

The Comptroller General, to the extent permitted by law,

including section 3144 of this title, is authorized to review the

information described in section 3142(b) of this title 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;

(2) making recommendations for changes in the analysis done in

the report due the following year under section 3142 of this

title;

(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

information that avoids unnecessary redundancy among Federal

agencies;

(4) reviewing the status and processes for reconciliation of

data exchanged as required by this Act and the amendments made by

this Act, and making any recommendations for improving and

augmenting international financial data;

(5) making recommendations for possible additional policy

coordination within the executive branch affecting foreign direct

investment in the United States; and

(6) making recommendations for improvement of the coverage,

industry classification, and consistency among Federal agencies

of their respective surveys.

(1) The Comptroller General may, to the extent permitted by law,

including section 3104(c) of this title and section 3144 of this

title, also review data and information at the Bureau of the

Census, the Bureau of Labor Statistics, and the Bureau of Economic

Analysis and from time to time report to the Committee on Energy

and Commerce, the Committee on Ways and Means, and the Committee on

Foreign Affairs of the House of Representatives, the Committee on

Commerce, Science, and Transportation of the Senate, and to the

Joint Economic Committee of the Congress.

(2) The Comptroller General shall, in carrying out paragraph (1),

comply with procedures relating to access to and disclosure of data

and information established within the Federal statistical agencies

referred to in paragraph (1), and maintain any and all individually

identifiable data and information at the statistical agency where

the information is reviewed.

(d) Confidentiality; review by other agencies

In preparing any report under this section, the Comptroller

General shall not -

(1) disclose any confidential business information or present

any information in a way in which any person, including a

business enterprise or establishment, can be identified; or

(2) combine, match, or use in any other way individually

identifiable data or information maintained by any of the Federal

statistical agencies referred to in subsection (c) of this

section with any other individually identifiable confidential

data or information that is not collected by such statistical

agencies.

Before issuing any such report, the Comptroller General shall in

each instance submit the report to the head or heads of the agency

or agencies from which confidential or identifiable information

described in the preceding sentence was obtained. The agency or

agencies concerned shall promptly review the report for the purpose

of assuring that the confidentiality of such information and

identity is maintained, and for any other purpose, and shall

provide the Comptroller General with appropriate comments or other

suggestions within 10 working days after receiving the report.

(e) Right of access

The access by the Comptroller General to information under this

Act shall be in conformity with section 716 of title 31.

-SOURCE-

(Pub. L. 101-533, Sec. 4, Nov. 7, 1990, 104 Stat. 2346; Pub. L.

104-316, title I, Sec. 111(c), Oct. 19, 1996, 110 Stat. 3833.)

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REFERENCES IN TEXT

This Act and the amendments made by this Act, referred to in

subsecs. (b)(4) and (e), is Pub. L. 101-533, Nov. 7, 1990, 104

Stat. 2344, known as the Foreign Direct Investment and

International Financial Data Improvements Act of 1990, which is

classified principally to this chapter. For complete classification

of this Act to the Code, see Short Title note set out under section

3141 of this title and Tables.

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AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-316, Sec. 111(c)(1), substituted

"reports referred to in" for "report required under".

Subsec. (b). Pub. L. 104-316, Sec. 111(c)(2)(A), (D), substituted

"Reports" for "Report" in heading, in introductory provisions

substituted "Consistent with the provisions of this section, the

Comptroller General may submit" for "Not later than 5 months after

each report issued by the Secretary of Commerce under section 3142

of this title, the Comptroller General of the United States shall

submit", and struck out closing provisions which read as follows:

"Reports under this subsection shall be issued only with respect to

the first 3 reports issued by the Secretary of Commerce under

section 3142 of this title."

Pub. L. 104-316, Sec. 111(c)(2)(B), which directed that subsec.

(b) be amended by substituting "Congress reports" for "Congress, a

report", was executed in the introductory provisions by making the

substitution for "Congress a report", to reflect the probable

intent of Congress.

Subsec. (b)(1). Pub. L. 104-316, Sec. 111(c)(2)(C), substituted

"reports issued by the Secretary of Commerce under section 3142 of

this title" for "the report of the Secretary of Commerce".