§ 3103. Presidential authority and duties

Footnotes

1. 1 So in original. Probably should be followed by a comma.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   International Investment Survey Act of 1976

   Pub. L. 94–472 § 4 · 90 Stat. 2059

   Enacted · 22 U.S.C. § 3103

   Pub. L. 94–472, § 4, Oct. 11, 1976, 90 Stat. 2060

   Source evidence

   Code source credit
   Pub. L. 94–472, § 4, Oct. 11, 1976, 90 Stat. 2060

   Enacted provision · exact public law section
   Sec. 4. authority and duties (a) The President shall, to the extent he deems necessary and feasible— (1) conduct a regular data collection program to secure current information on international capital flows and other information related to international investment, including (but not limited to) such information as may be necessary for comput-ing and analyzing the United States balance of payments, the employment and taxes of United States parents and affiliates, and the international investment position of the United States; (2) conduct such studies and surveys as may be necessary to Studies and surveys. prepare reports in a timely manner on specific aspects of international investment which may have significant implications for the economic welfare and national security of the United States; (3) study the adequacy of information, disclosure, and reporting requirements and procedures relating to International investment; recommend necessary improvements in information recording, collection, and retrieval and in statistical analysis and presentation relating to international investment; and report Periodic report to congressional committees. periodically to the Committees on Foreign Relations and Commerce of the Senate and the Committee on International Relations of the House of Representatives on national and international developments with respect to laws and regulations affecting international investment; and (4) publish for the use of the general public and United States Statistical information, publication. Government agencies periodic, regular, and comprehensive statistical information collected pursuant to this subsection and to the benchmark surveys conducted pursuant to subsections (b) and (c). (b) With respect to the United States direct investment abroad Benchmark survey. and foreign direct investment in the United States, the President shall conduct a comprehensive benchmark survey at least once every five years and, for such purpose, shall, among other things and to the extent he determines necessary and feasible— (1) identify the location, nature, and magnitude of, and changes in total investment by any parent in each of its affiliates and the financial transactions between any parent, and each of its affiliates; (2) obtain (A) information on the balance sheet of parents and Financial data. affiliates and related financial data, (B) income statements, including the gross sales by primary line of business (with as much product line detail as is necessary and feasible) of parents and affiliates in each country in which they have significant operations, and (C) related information regarding trade between a parent and each of its affiliates and between each parent or affiliate and any other person; (3) collect employment data showing both the number of United Employment data. States and foreign employees of each parent and affiliate and the levels of compensation, by country, industry, and skill level; (4) obtain information on tux payments by parents and affiliates by country; and (5) determine, by industry and country, the total dollar amount, of research and development expenditures by each parent and affiliate, payments or other compensation for the transfer of technology between parents and their affiliates, and payments or other compensation received by parents or affiliates from the transfer of technology to other persons, (c) (1) The President shall conduct a comprehensive benchmark Foreign portfolio investment, benchmark survey. survey of foreign portfolio investment in the United States at least once every five years and, for such purposes, shall (among other things and to the extent he determines necessary and feasible) determine the magnitude and aggregate value of portfolio investment, form of investments, types of investors, nationality of investors and recorded residence of foreign private holders, diversification of holdings by economic sector, and holders of record, (2) In addition to the benchmark surveys conducted pursuant to U.S. portfolio investment abroad, benchmark survey. paragraph (1), the President shall conduct a benchmark survey of United States portfolio investment abroad and, for such purpose, shall (among other things and to the extent he determines necessary and feasible) determine the magnitude and aggregate value of portfolio investment, form of investments, types of investors, nationality of investors and recorded residence of private, holders, diversification of holdings by economic sector, and holders of record. The President shall complete such survey not later than the end of the five-year Presidential report to Congress. period beginning on the date of enactment of this Act. After completion of such survey, the President shall report to the Congress on the feasibility and desirability of conducting, on a periodic basis, additional benchmark surveys of United States portfolio investment abroad. If he determines that such additional benchmark surveys are feasible and desirable, he may conduct such surveys. (d) The President shall conduct a study of the feasibility of establishing a system to monitor foreign direct investment in agricultural, rural, and urban real property, including the feasibility of establishing a nationwide multipurpose land data system, and shall submit his findings and conclusions to the Congress not later than two years aftei’ the enactment of this Act. (e) Activities shall be conducted so that information obtained pursuant to this Act shall be timely and useful in tile development of Reporting and recordkeeping. policy with respect to international investment. Reporting and record-keeping requirements imposed under this Act shall be designed in order to minimize costs to the extent feasible, consistent with effective enforcement and the compilation of information required by this Act. Reporting, record keeping, and documentation requirements shall be periodically reviewed and revised in the light of developments in the field of information technology. (f) In collecting information under this Act, the President shall give due regard to the costs incurred by persons supplying such information, as well as to the costs incurred by the Government, and shall insure that the information collected is only in such detail as is necessary to fulfill the stated purposes for which the information is being gathered.

2. 1978

   Pub. L. 95–381 § 2 · 92 Stat. 726

   Substituted · 22 U.S.C. § 3103(d)

   Pub. L. 95–381 substituted provisions setting forth requirements respecting interim and final reports to Congress, for provisions requiring submission of findings and conclusions to Congress not later than two years after Oct. 11, 1976

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 95–381 substituted provisions setting forth requirements respecting interim and final reports to Congress, for provisions requiring submission of findings and conclusions to Congress not later than two years after Oct. 11, 1976.

   Enacted provision · exact public law section
   Sec. 2. Section 4(d) of the International Investment Survey Act of 1976 is amended by striking out “his findings and conclusions” and all that follows through the end of the subsection and inserting in lieu thereof the following: “to the Congress an interim report of his findings and conclusions not later than two years after the date of enactment of this Act and a final report of such findings and conclusions not later than three years after such date of enactment.”.

3. 1979

   Public Law not identified

   Changed · 22 U.S.C. § 3103(a)(3)

   Subsec. (a)(3). H. Res. 89 changed name of Committee on International Relations of the House of Representatives to Committee on Foreign Affairs

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a)(3). H. Res. 89 changed name of Committee on International Relations of the House of Representatives to Committee on Foreign Affairs.

4. 1981

   Pub. L. 97–33 § 1 · 95 Stat. 170

   Substituted · 22 U.S.C. § 3103(b)

   Pub. L. 97–33, § 1, substituted “With respect to foreign direct investment in the United States, the President shall conduct a benchmark survey covering calendar year 1980, a benchmark survey covering calendar year 1987, and benchmark surveys covering every fifth calendar year thereafter. With respect to United States direct investment abroad, the President shall conduct a benchmark survey covering calendar year 1982, a benchmark survey covering calendar year 1989, and benchmark surveys covering every fifth year thereafter. In conducting surveys pursuant to this subsection, the President shall,” for “With respect to the United States direct investment abroad and foreign direct investment in the United States, the President shall conduct a comprehensive benchmark survey at least once every five years and, for such purpose, shall,” in provisions preceding par (1)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 97–33, § 1, substituted “With respect to foreign direct investment in the United States, the President shall conduct a benchmark survey covering calendar year 1980, a benchmark survey covering calendar year 1987, and benchmark surveys covering every fifth calendar year thereafter. With respect to United States direct investment abroad, the President shall conduct a benchmark survey covering calendar year 1982, a benchmark survey covering calendar year 1989, and benchmark surveys covering every fifth year thereafter. In conducting surveys pursuant to this subsection, the President shall,” for “With respect to the United States direct investment abroad and foreign direct investment in the United States, the President shall conduct a comprehensive benchmark survey at least once every five years and, for such purpose, shall,” in provisions preceding par (1).

5. 1981

   Pub. L. 97–33 § 2 · 95 Stat. 170

   Substituted · 22 U.S.C. § 3103(c)(2)

   Pub. L. 97–33, § 2, substituted “the President shall annually compile currently available data on United States portfolio investment abroad including items such as data on the magnitude and aggregate value of portfolio investment, form of investments, types of investors, nationality of investors and recorded residence of private holders, diversification of holdings by economic sector, and holders of record. The President shall submit an analysis of such data to the Congress not later than the first day of July of each year” for “the President shall conduct a benchmark survey of United States portfolio investment abroad and, for such purpose, shall (among other things and to the extent he determines necessary and feasible) determine the magnitude and aggregate value of portfolio investment, form of investments, types of investors, nationality of investors and recorded residence of private holders, diversification of holdings by economic sector, and holders of record. The President shall complete such survey not later than the end of the five-year period beginning on October 11, 1976. After completion of such survey, the President shall report to the Congress on the feasibility and desirability of conducting, on a periodic basis, additional benchmark surveys of United States portfolio investment abroad. If he determines that such additional benchmark surveys are feasible and desirable, he may conduct such surveys”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 97–33, § 2, substituted “the President shall annually compile currently available data on United States portfolio investment abroad including items such as data on the magnitude and aggregate value of portfolio investment, form of investments, types of investors, nationality of investors and recorded residence of private holders, diversification of holdings by economic sector, and holders of record. The President shall submit an analysis of such data to the Congress not later than the first day of July of each year” for “the President shall conduct a benchmark survey of United States portfolio investment abroad and, for such purpose, shall (among other things and to the extent he determines necessary and feasible) determine the magnitude and aggregate value of portfolio investment, form of investments, types of investors, nationality of investors and recorded residence of private holders, diversification of holdings by economic sector, and holders of record. The President shall complete such survey not later than the end of the five-year period beginning on October 11, 1976. After completion of such survey, the President shall report to the Congress on the feasibility and desirability of conducting, on a periodic basis, additional benchmark surveys of United States portfolio investment abroad. If he determines that such additional benchmark surveys are feasible and desirable, he may conduct such surveys”.

   Enacted provision · exact public law section
   Sec. 2. Section 4(c)(2) of the International Investment Survey Act of 1976 (22 U.S.C. 3103(c)(2)) is amended to read as follows: “(2) In addition to the benchmark surveys conducted pursuant to paragraph (1), the President shall annually compile currently available data on United States portfolio investment abroad including items such as data on the magnitude and aggregate value of portfolio investment, form of investments, types of investors, nationality of investors and recorded residence of private holders, diversification of Data analysis, submittal to Congress. holdings by economic sector, and holders of record. The President shall submit an analysis of such data to the Congress not later than the first day of July of each year.”.

6. 1981

   Pub. L. 97–33 § 3 · 95 Stat. 170

   1. Added · 22 U.S.C. § 3103(e)(g)

      Pub. L. 97–33, § 3, added subsec. (e)

   2. Redesignated · 22 U.S.C. § 3103(e)(g)

      Pub. L. 97–33, § 3, redesignated subsecs. (e) and (f) as (f) and (g), respectively

   Source evidence

   Code amendment note
   Subsecs. (e) to (g). Pub. L. 97–33, § 3, added subsec. (e) and redesignated subsecs. (e) and (f) as (f) and (g), respectively.

   Enacted provision · exact public law section
   Sec. 3. Section 4 of the International Investment Survey Act of 1976 (22 U.S.C. 3103) is amended by redesignating subsections (e) and (f), and all references thereto, as subsection (f) and (g), respectively, and by inserting the following new subsection after subsection (d): “(e) The Secretary of Commerce shall prepare a report on the estimated cost of monitoring and compiling data on legislation enacted by the major trading partners of the United States, and such other foreign nations as the Secretary deems appropriate, which regulates or restricts foreign inward investment in such foreign nations.”.

7. 1981

   Pub. L. 97–70 · 95 Stat. 1045

   Substituted · 22 U.S.C. § 3103(b)

   Pub. L. 97–70 substituted “year” for “calendar year” in five places in provisions preceding par. (1)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 97–70 substituted “year” for “calendar year” in five places in provisions preceding par. (1).

8. 1984

   International Trade and Investment Act

   Pub. L. 98–573 § 306(b)(4)(A)(ii) · 98 Stat. 2948

   Inserted · 22 U.S.C. § 3103(a)(1); 22 U.S.C. § 3103(a)(2)

   Pub. L. 98–573, § 306(b)(4)(A)(ii), inserted “and trade in services” after “international investment” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a)(1), (2). Pub. L. 98–573, § 306(b)(4)(A)(ii), inserted “and trade in services” after “international investment” wherever appearing.

   Enacted provision · exact public law section
   (ii) by inserting “and trade in services” after “international investment” each place it appears in paragraphs (1), (2), and (3);

9. 1984

   International Trade and Investment Act

   Pub. L. 98–573 § 306(b)(3) · 98 Stat. 2948

   1. Inserted · 22 U.S.C. § 3103(a)(3)

      Pub. L. 98–573, § 306(b)(3), (4)(A)(i)–(iii), inserted reference to the Committee on Finance of the Senate and the Committees on Ways and Means and Energy and Commerce of the House of Representatives

   2. Substituted · 22 U.S.C. § 3103(a)(3)

      Pub. L. 98–573, § 306(b)(3), (4)(A)(i)–(iii), substituted “presentation” for “presentation relating to international investment”

   3. Inserted · 22 U.S.C. § 3103(a)(3)

      Pub. L. 98–573, § 306(b)(3), (4)(A)(i)–(iii), inserted “and trade in services” after “international investment” in two places

   4. Struck · 22 U.S.C. § 3103(a)(3)

      Pub. L. 98–573, § 306(b)(3), (4)(A)(i)–(iii), struck out “and” at end

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 98–573, § 306(b)(3), (4)(A)(i)–(iii), inserted reference to the Committee on Finance of the Senate and the Committees on Ways and Means and Energy and Commerce of the House of Representatives, and substituted “presentation” for “presentation relating to international investment”, inserted “and trade in services” after “international investment” in two places, and struck out “and” at end.

   Enacted provision · exact public law section
   (3) Paragraph (3) of section 4(a) of such Act (22 U.S.C. 3103(a)(3)) is amended— (A) by inserting “Finance” after “to the Committees on”, and (B) by striking out “the Committee on Foreign Affairs” and inserting in lieu thereof “the Committees on Ways and Means, Energy and Commerce, and Foreign Affairs”.

10. 1984

    International Trade and Investment Act

    Pub. L. 98–573 § 306(b)(4)(A)(iv) · 98 Stat. 2948

    1. Added · 22 U.S.C. § 3103(a)(4); 22 U.S.C. § 3103(a)(5)

       Pub. L. 98–573, § 306(b)(4)(A)(iv), (v), added par. (4)

    2. Redesignated · 22 U.S.C. § 3103(a)(4); 22 U.S.C. § 3103(a)(5)

       Pub. L. 98–573, § 306(b)(4)(A)(iv), (v), redesignated former par. (4) as (5)

    Source evidence

    Code amendment note
    Subsec. (a)(4), (5). Pub. L. 98–573, § 306(b)(4)(A)(iv), (v), added par. (4) and redesignated former par. (4) as (5).

    Enacted provision · exact public law section
    (iv) by redesignating paragraph (4) as paragraph (5); and

11. 1984

    International Trade and Investment Act

    Pub. L. 98–573 § 306(b)(4)(B) · 98 Stat. 2948

    Inserted · 22 U.S.C. § 3103(b)(2)(C)

    Pub. L. 98–573, § 306(b)(4)(B), inserted “(including trade in both goods and services)” after “regarding trade”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 98–573, § 306(b)(4)(B), inserted “(including trade in both goods and services)” after “regarding trade”.

    Enacted provision · exact public law section
    (B) Subparagraph (C) of section 4(b)(2) of such Act is amended by inserting “(including trade in both goods and services)” after “regarding trade”.

12. 1984

    International Trade and Investment Act

    Pub. L. 98–573 § 306(b)(4)(C) · 98 Stat. 2948

    Inserted · 22 U.S.C. § 3103(f)

    Pub. L. 98–573, § 306(b)(4)(C), inserted “and trade in services” after “international investment”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 98–573, § 306(b)(4)(C), inserted “and trade in services” after “international investment”.

    Enacted provision · exact public law section
    (C) Subsection (f) of section 4 of such Act is amended by inserting “and trade in services” after “international investment”.

13. 1990

    Foreign Direct Investment and International Financial Data Improvements Act of 1990

    Pub. L. 101–533 § 6(b) · 104 Stat. 2344

    Inserted · 22 U.S.C. § 3103(a)(5)

    Pub. L. 101–533, § 6(b), inserted before period at end “, including, with respect to foreign direct investment in the United States, information on ownership by foreign governments of United States affiliates by country, and tables, on an aggregated basis, of business enterprises the ownership or control of which by foreign persons is more than 50 percent of the voting securities or other evidences of ownership of such enterprises, and business enterprises the ownership or control of which by foreign persons is 50 percent or less of the voting securities or other evidences of ownership of such enterprises”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 101–533, § 6(b), inserted before period at end “, including, with respect to foreign direct investment in the United States, information on ownership by foreign governments of United States affiliates by country, and tables, on an aggregated basis, of business enterprises the ownership or control of which by foreign persons is more than 50 percent of the voting securities or other evidences of ownership of such enterprises, and business enterprises the ownership or control of which by foreign persons is 50 percent or less of the voting securities or other evidences of ownership of such enterprises”.

    Enacted provision · exact public law section
    (b) Reporting Requirement.— Section 4(a)(5) of the International Investment and Trade in Services Survey Act (22 U.S.C. 3103(a)(5)) is amended by inserting before the period the following: including, with respect to foreign direct investment in the United States, information on ownership by foreign governments of United States affiliates by country, and tables, on an aggregated basis, of business enterprises the ownership or control of which by foreign persons is more than 50 percent of the voting securities or other evidences of ownership of such enterprises, and business enterprises the ownership or control of which by foreign persons is 50 percent or less of the voting securities or other evidences of ownership of such enterprises”.

14. 1990

    Foreign Direct Investment and International Financial Data Improvements Act of 1990

    Pub. L. 101–533 § 6(c) · 104 Stat. 2344

    Added · 22 U.S.C. § 3103(h)

    Pub. L. 101–533, § 6(c), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 101–533, § 6(c), added subsec. (h).

    Enacted provision · exact public law section
    (c) Bureau of Economic Analysis Report.— Section 4 of the International Investment and Trade in Services Survey Act (22 U.S.C. 3103) is amended by adding at the end the following new subsection: “(h) (1) The President, or the designee of the President responsible for monitoring the impact of foreign investment in the United States, coordinating implementation of United States policy on investment, and investigating foreign acquisitions under section 721 of the Defense Production Act of 1950 (50 App. U.S.C. 2170), may request a report from the Bureau of Economic Analysis of the Department of Commerce. When such request is made in connection with an investigation under such section 721, the report shall be provided within 14 days after the request is made. When such request is not made in connection with an investigation under such section 721, the report shall be provided within 60 days after the request. “(2) A report requested under paragraph (1) shall contain the best available information on the extent of foreign direct investment in a given industry, including a breakdown of total investment in the industry, and any foreign government investment in the industry, by country of the foreign owner, and any other information that the Bureau of Economic Analysis or such designee of the President considers relevant. The industry information provided shall be at the most detailed level available of Standard Industrial Classification, subject to the requirements of section 5.”.

16 of 19 references resolved to an enrolled provision · 2 partial · 1 unresolved