[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3142]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 46A--FOREIGN DIRECT INVESTMENT AND INTERNATIONAL FINANCIAL DATA
Sec. 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) 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.
(c) Analyses
(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.
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\1\ See References in Text note below.
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(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.)
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.
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''.
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 Servic
