§ 3101. — Congressional statement of findings and declaration of purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3101]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 46--INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY
Sec. 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scope and are based on outdated statistical bases, reports, and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 the purpose of this chapter to provide clear and
unambiguous authority for the President to collect information on
international investment and United States foreign trade in services,
whether directly or by affiliates, including related information
necessary for assessing the impact of such investment and trade, to
authorize the collection and use of information on direct investments
owned or controlled directly or indirectly by foreign governments 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 collected from the public under this
chapter be obtained with a minimum burden on business and other
respondents and with no unnecessary duplication 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 investment
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, Sec. 2, Oct. 11, 1976, 90 Stat. 2059; Pub. L. 98-573,
title III, Sec. 306(b)(2), Oct. 30, 1984, 98 Stat. 3009; Pub. L. 101-
533, Sec. 6(A)[(a)], Nov. 7, 1990, 104 Stat. 2348.)
Amendments
1990--Subsec. (b). Pub. L. 101-533 inserted ``to authorize the
collection and use of information on direct investments 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, Sec. 306(b)(2)(A),
added pars. (7) and (8), redesignated former par. (7) as (9), and
inserted ``and trade in services'' after ``international investment'' in
par. (9).
Subsec. (b). Pub. L. 98-573, Sec. 306(b)(2)(B), substituted
``international investment and United States foreign trade in services,
whether directly or by affiliates, including related information
necessary for assessing the impact of such investment and trade,'' for
``international investment'', and ``international investment and trade
in services'' for ``international investment''.
Subsec. (c). Pub. L. 98-573, Sec. 306(b)(2)(C), inserted reference
to trade in services.
Short Title
Section 1 of Pub. L. 94-472, as amended by Pub. L. 98-573, title
III, Sec. 306(b)(1), Oct. 30, 1984, 98 Stat. 3009, provided that: ``This
Act [enacting this chapter] may be cited as the `International
Investment and Trade in Services Survey Act'.''
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 International
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 President of the United States of America, it is hereby
ordered 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 Budget, 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 directions
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 Treasury, 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 Section
4(a)(3) of the Act [22 U.S.C. 3103(a)(3)].
Section Referred to in Other Sections
This section is referred to in section 3141 of this title.
