§ 3142. Report by Secretary of Commerce

Footnotes

1. 1 See References in Text note below.

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. 1990

   Foreign Direct Investment and International Financial Data Improvements Act of 1990

   Pub. L. 101–533 § 3 · 104 Stat. 2344

   Enacted · 22 U.S.C. § 3142

   Pub. L. 101–533, § 3, Nov. 7, 1990, 104 Stat. 2344

   Source evidence

   Code source credit
   Pub. L. 101–533, § 3, Nov. 7, 1990, 104 Stat. 2344

   Enacted provision · exact public law section
   SEC. 3. REPORT BY SECRETARY OF COMMERCE. (a) Annual Report on Foreign Direct Investment in the United States.— Not later than 6 months after the date of the enactment of this Act, 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), 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, United States Code; (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 the Internal Revenue Code of 1986 (26 U.S.C. 6039C), 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 657(8) of the Department of Energy Organization Act (42 U.S.C. 7267(8)), 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) 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 con-tained 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 included in the most recent plan submitted to the Congress under section 2368 of title 10, United States Code, or included in the most recent report submitted to the President under section 603 of the National Science and Technology Policy, Organization, and Priorities Act of 1976.

2. 1992

   Wagner-O’Day Act

   Pub. L. 102–484 div. A title X § 1054(f) · 106 Stat. 2315

   Substituted · 22 U.S.C. § 3142(c)(2)

   Pub. L. 102–484 substituted “section 2522” for “section 2368”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 102–484 substituted “section 2522” for “section 2368”.

   Enacted provision · exact public law section
   (f) Public Law 101–533.— Section 3(c)(2) of Public Law 101–533 (22 U.S.C. 3142) is amended by striking out “section 2368 of title 10” and inserting in lieu thereof “section 2522 of title 10”.

3. 1993

   Pub. L. 103–160 div. A title XI § 1182(d)(2) · 107 Stat. 1547

   Substituted · 22 U.S.C. § 3142(c)(2)

   Pub. L. 103–160 substituted “section 2506” for “section 2522”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 103–160 substituted “section 2506” for “section 2522”.

   Enacted provision · exact public law section
   (2) Section 3(c)(2) of Public Law 101–533 (22 U.S.C. 3142) is amended by striking out “section 2522 of title 10” and inserting in lieu thereof “section 2506 of title 10”.

4. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 div. A title X § 1069(d)(2) · 112 Stat. 1920

   Substituted · 22 U.S.C. § 3142(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) Section 3(c)(2) of Public Law 101–533 (22 U.S.C. 3142(c)(2)) is amended by striking out “included in the most recent plan submitted to the Congress under section 2506 of title 10” and inserting in lieu thereof “identified in the most recent assessment prepared under section 2505 of title 10”.

5. 2021

   National Defense Authorization Act for Fiscal Year 2022

   Pub. L. 117–81 div. A title XVII § 1702 · 135 Stat. 1541

   Substituted · 22 U.S.C. § 3142(c)(2)

   Pub. L. 117–81 substituted “section 4816” for “section 2505”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 117–81 substituted “section 4816” for “section 2505”.

   Enacted provision · exact public law section
   SEC. 1702. CONFORMING CROSS REFERENCE TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES. (a) Amendments to Title 10, United States Code.— Title 10, United States Code, is amended as follows: (1) Section 171a(i)(3) is amended by striking “2366a(d)” and inserting “4251(d)”. (2) Section 181(b)(6) is amended by striking “sections 2366a(b), 2366b(a)(4),” and inserting “sections 4251(b), 4252(a)(4),”. (3) Section 1734(c)(2) is amended by striking “section 2435(a)” and inserting “section 4214(a)”. (b) Amendments to Laws Classified as Notes in Title 10, United States Code.— (1) Section 801(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2302 note) is amended by striking “section 2545” and inserting “section 3001”. (2) Section 323(a) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2463 note) is amended by striking “section 235, 2330a, or 2463” and inserting “section 2463, 3137, or 4505”. (3) Section 8065 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 10 U.S.C. 2540 note), is amended— (A) by striking “subchapter VI of chapter 148” both places it appears and inserting “subchapter I of chapter 389”; and (B) by striking “section 2540c(d)” and inserting “section 4974(d)”. (c) Amendments to Laws Classified in Title 6, United States Code (homeland Security).— (1) Section 831(a)(1) of the Homeland Security Act of 2002 (6 U.S.C. 391(a)) is amended by striking “section 2371” and inserting “section 4021”. (2) Section 853(b) of such Act (6 U.S.C. 423(b)) is amended by striking paragraphs (1), (2), and (3) and inserting the following: “(1) Section 134 of title 41, United States Code. “(2) Section 153 of title 41, United States Code. “(3) Section 3015 of title 10, United States Code.” . (3) Section 855 of such Act (6 U.S.C. 425) is amended— (A) in subsection (a)(2), by striking subparagraphs (A), (B), and (C) and inserting the following: “(A) Sections 1901 and 1906 of title 41, United States Code. “(B) Section 3205 of title 10, United States Code. “(C) Section 3305 of title 41, United States Code.” ; and (B) in subsection (b)(1), by striking “provided in” and all that follows through “shall not” and inserting “provided in section 1901(a)(2) of title 41, United States Code, section 3205(a)(2) of title 10, United States Code, and section 3305(a)(2) of title 41, United States Code, shall not”. (4) Section 856(a) of such Act (6 U.S.C. 426(a)) is amended by striking paragraphs (1), (2), and (3) and inserting the following: “(1) Federal property and administrative services act of 1949.— In division C of subtitle I of title 41, United States Code: “(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3304 of such title, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). “(B) Section 4106 of such title, relating to orders under task and delivery order contracts. “(2) Title 10, united states code.— In part V of subtitle A of title 10, United States Code: “(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section). “(B) Section 3406, relating to orders under task and delivery order contracts. “(3) Office of federal procurement policy act.— Paragraphs (1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41, United Sates Code, relating to inapplicability of a requirement for procurement notice.” . (5) Section 604(f) of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b(f)) is amended by striking “section 2304(g)” and inserting “section 3205”. (d) Amendments to Title 14, United States Code (coast Guard).— Title 14, United States Code, is amended as follows: (1) Section 308(c)(10)(B)(ii) is amended by striking “section 2547(c)(1)” and inserting “section 3104(c)(1)”. (2) Section 1137(b)(4) is amended by striking “section 2306b” and inserting “section 3501”. (3) Section 1906(b)(2) is amended by striking “chapter 137” and inserting “sections 3201 through 3205”. (e) Amendments to Laws Classified in Title 15, United States Code (commerce).— (1) Section 14(a) of the Metric Conversion Act of 1975 (15 U.S.C. 205l(a)) is amended— (A) in the first sentence, by striking “set forth in chapter 137” and all that follows through “et seq.),” and inserting “set forth in the provisions of title 10, United States Code, referred to in section 3016 of such title as ‘chapter 137 legacy provisions’, section 3453 of such title, division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code,”; (B) in the second sentence, by striking “under section 2377(c)” and all that follows through the period and inserting “under section 3453(c) of title 10, United States Code, and section 3307(d) of title 41, United States Code.”; and (C) in the third sentence, by striking “section 2377” and all that follows through “shall take” and inserting “section 3453 of title 10, United Sates Code, or section 3307(b) to (d) of title 41, United States Code, then the provisions of such sections 3453 or 3307(b) to (d) shall take”. (2) Section 8 of the Small Business Act (15 U.S.C. 637) is amended— (A) in subsection (g)(2), by striking “section 2304(c)” and inserting “section 3204(a)”; and (B) in subsection (h)— (i) in paragraph (1)(B), by striking “chapter 137” and inserting “sections 3201 through 3205”; and (ii) in paragraph (2), by striking “section 2304(f)(2)” and “section 2304(f)(1)”, and inserting “paragraphs (3) and (4) of section 3204(e)” and “section 3204(e)(1)”, respectively. (3) Section 9 of the Small Business Act (15 U.S.C. 638) is amended in subsection (r)(4)(A) by striking “section 2304” and inserting “sections 3201 through 3205”. (4) Section 884(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 15 U.S.C. 638 note) is amended by striking “section 2500” and inserting “section 4801”. (5) Section 15 of the Small Business Act (15 U.S.C. 644) is amended— (A) in subsection (k)— (i) in paragraph (17)(B), by striking “section 2318” and inserting “section 3249”; (ii) in paragraph (17)(C), by striking “chapter 142” and inserting “chapter 388”; and (iii) in paragraph (18), by striking “section 2784” and inserting “section 4754”; (B) in subsection (r)(2), by striking “section 2304c(b)” and inserting “section 3406(c)”; and (C) in subsections (u) and (v), by striking “chapter 142” and inserting “chapter 388”. (6) Section 16 of the Small Business Act (15 U.S.C. 645) is amended in subsection (d)(3) by striking “chapter 142” and inserting “chapter 388”. (7) Section 272 of the National Defense Authorization Act for Fiscal Years 1988 and 1989 (Public Law 100–180; 15 U.S.C. 4602) is amended in subsection (c) by striking “section 2306a” and inserting “chapter 271”. (f) Amendments to Titles 32, United States Code (national Guard) and 37, United States Code (pay and Allowances).— (1) Section 113 of title 32, United States Code, is amended in subsection (b)(1)(B) by striking “section 2304(c)” and inserting “section 3204(a)”. (2) Section 418 of title 37, United States Code, is amended in subsection (d)(2)(A)— (A) by striking “section 2533a” and inserting “section 4862”; and (B) by striking “chapter 137 of title 10” and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)”. (g) Amendments to Title 40, United States Code (public Buildings).— Title 40, United States Code, is amended as follows: (1) Section 113(e) is amended— (A) in paragraph (3)— (i) by striking “chapter 137” and inserting “section 3063”; and (ii) by striking “that chapter;” and inserting “the provisions of that title referred to in section 3016 of such title as ‘chapter 137 legacy provisions’;”; and (B) in paragraph (5), by striking “section 2535” and inserting “section 4881”. (2) Section 581(f)(1)(A) is amended by striking “section 2535” and inserting “section 4881”. (h) Amendments to Title 41, United States Code (public Contracts).— Title 41, United States Code, is amended as follows: (1) Section 1127(b) is amended by striking “section 2324(e)(1)(P)” and inserting “section 3744(a)(16)”. (2) Section 1303(a)(1) is amended by striking “chapters 4 and 137 of title 10” and inserting “chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)”. (3) Section 1502(b)(1)(B) is amended by striking “section 2306a(a)(1)(A)(i)” and inserting “section 3702(a)(1)(A)”. (4) Section 1708(b)(2)(A) is amended by striking “section 2304(c)” and inserting “section 3204(a)”. (5) Section 1712(b)(2)(B) is amended by striking “section 2304(c)” and inserting “section 3204(a)”. (6) Section 1901(e)(2) is amended by striking “section 2304(f)” and inserting “section 3204(e)”. (7) Section 1903 is amended— (A) in subsection (b)(3), by striking “section 2304(g)(1)(B)” and inserting “section 3205(a)(2)”; and (B) in subsection (c)(2)(B), by striking “section 2306a” and inserting “chapter 271”. (8) Section 1907(a)(3)(B)(ii) is amended by striking “section 2305(e) and (f)” and inserting “section 3308”. (9) Section 1909(e) is amended by striking “section 2784” and inserting “section 4754”. (10) Section 2101(2)(A) is amended by striking “section 2306a(h)” and inserting “section 3701”. (11) Section 2311 is amended by striking “section 2371” and inserting “section 4021”. (12) Section 3302 is amended— (A) in subsection (a)(3)— (i) in subparagraph (A), by striking “section 2302(2)(C)” and inserting “section 3012(3)”; and (ii) in subparagraph (B), by striking “sections 2304a to 2304d of title 10,” and inserting “chapter 245 of title 10”; (B) in subsection (c)(1)(A)(i), by striking “section 2304c(b)” and inserting “section 3406(c)”; and (C) in subsection (d)(1)(B), by striking “section 2304(f)(1)” and inserting “section 3204(e)(1)”. (13) Section 3307(e)(1) is amended by striking “chapter 140” and inserting “chapter 247”. (14) Section 4104 is amended— (A) in subsection (a), by striking “sections 2304a to 2304d” and inserting “chapter 245”; and (B) in subsection (b)— (i) in paragraph (1), by striking “sections 2304a to 2304d” and inserting “chapter 245”; (ii) in paragraph (2)(B), by striking “section 2304c(b)” and inserting “section 3406(c)”; and (iii) in paragraph (2)(C), by striking “section 2304c(c)” and inserting “section 3406(e)”. (i) Amendments to Laws Classified as Notes in Title 41, United States Code.— (1) Section 555 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 41 U.S.C. preceding 3101 note) is amended by striking “section 2305” in subsections (a)(4) and (c)(1) and inserting “sections 3206 through 3208 and sections 3301 through 3309”. (2) Section 846(f)(5) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41 U.S.C. 1901 note) is amended by striking “section 2304” and inserting “sections 3201 through 3205”. (3) Section 811 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 41 U.S.C. 3304 note) is amended— (A) in subsection (a)(3), by striking “sections 2304(f)(1)(C) and 2304(l)” and inserting “sections 3204(e)(1)(C) and 3204(f)”; and (B) in subsection (c)— (i) in paragraph (1)(A), by striking “section 2304(f)(2)(D)(ii)” and inserting “section 3204(e)(4)(D)(ii)”; (ii) in paragraph (2)(A), by striking “section 2302(1)” and inserting “section 3004”; and (iii) in paragraph (3)(A), by striking “section 2304(f)(1)(B)” and inserting “section 3204(e)(1)(B)”. (j) Amendments to Laws Classified in Title 42, United States Code.— (1) The Public Health Service Act (Public Law 78–410) is amended— (A) in section 301(a)(7) (42 U.S.C. 241(a)(7)), by striking “sections 2353 and 2354” and inserting “sections 3861 and 4141”; and (B) in section 405(b)(1) (42 U.S.C. 284(b)(1)), by striking “section 2354” and inserting “section 3861”. (2) Section 403(a) of the Housing Amendments of 1955 (42 U.S.C. 1594(a)) is amended by striking “section 3 of the Armed Services Procurement Act of 1947” and inserting “chapters 221 and 241 of title 10, United States Code”. (3) Title II of the Department of Housing and Urban Development-Independent Agencies Appropriations Act, 1986 (Public Law 99–160), is amended by striking “section 2354” in the last proviso in the paragraph under the heading “National Science Foundation—Research and Related Activities” (42 U.S.C. 1887) and inserting “section 3861”. (4) Section 306(b)(2) of the Disaster Mitigation Act of 2000 (42 U.S.C. 5206(b)(2)) is amended by striking “section 2393(c)” and inserting “section 4654(c)”. (5) Section 801(c)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287) is amended by striking “section 2304c(d)” and all that follows and inserting “section 3406(d) of title 10, United States Code, and section 4106(d) of title 41, United States Code.”. (6) Section 3021(a) of the Energy Policy Act of 1992 (42 U.S.C. 13556) is amended by striking “chapter 137 of title 10” and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code)”. (k) Amendments to Laws Classified in Title 50, United States Code.— (1) Section 141(a) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 50 U.S.C. 1521a(a)) is amended by striking “section 2430” and inserting “section 4201”. (2) Section 502(a) of the National Emergencies Act (50 U.S.C. 1651(a)) is amended by striking paragraphs (1) through (5) and inserting the following: “(1) Chapters 1 to 11 of title 40, United States Code, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, United States Code. “(2) Section 3727(a)–(e)(1) of title 31, United States Code. “(3) Section 6305 of title 41, United States Code. “(4) Public Law 85–804 (Act of Aug. 28, 1958, 72 Stat. 972; 50 U.S.C. 1431 et seq.). “(5) Section 3201(a) of title 10, United States Code.” . (3) The Atomic Energy Defense Act is amended as follows: (A) Sections 4217 and 4311 (50 U.S.C. 2537, 2577) are each amended in subsection (a)(2) by striking “section 2432” and inserting “section 4351”. (B) Section 4813 (50 U.S.C. 2794) is amended by striking “section 2500” in subsection (c)(1)(C) and inserting “section 4801”. (4) Section 107 of the Defense Production Act (50 U.S.C. 4517) is amended in subsection (b)(2)(B) by striking clauses (i) and (ii) and inserting the following: “(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10, United States Code; “(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41, United States Code; or” . (l) Other Amendments.— (1) Section 1473H of the National Agriculture Advanced Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319k) is amended by striking “section 2371” in subsections (b)(6)(A) and (d)(1)(B) and inserting “section 4021”. (2) Section 1301 of title 17, United States Code, is amended in subsection (a)(3) by striking “section 2320” and inserting “subchapter I of chapter 275”. (3) Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is amended by striking “chapter 137” in subsection (l)(4) and subsection (m)(4) and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10, United States Code)”. (4) Section 3 of the Foreign Direct Investment and International Financial Data Improvements Act of 1990 (Public Law 101–533; 22 U.S.C. 3142) is amended in subsection (c)(2) by striking “section 2505” and inserting “section 4816”. (5) Section 3553 of title 31, United States Code, is amended in subsection (d)(4)(B) by striking “section 2305(b)(5)(B)(vii)” and inserting “section 3304(c)(1)(G)”. (6) Section 226 of the Water Resources Development Act of 1992 (33 U.S.C. 569f) is amended by striking “section 2393(c)” and inserting “section 4654(c)”. (7) Section 40728B(e) of title 36, United States Code, is amended— (A) striking “subsection (k) of section 2304” and inserting “section 3201(e)”; and (B) by striking “subsection (c) of such section” and inserting “section 3204(a)”. (8) Section 1427(b) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 40 U.S.C. 1103 note) is amended by striking “sections 2304a and 2304b” and inserting “sections 3403 and 3405”. (9) Section 895(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 40 U.S.C. 11103 note) is amended by striking “section 2366a(d)(7)” and inserting “section 4251(d)(5)”. (10) Sections 50113(c), 50115(b), and 50132(a) of title 51, United States Code, are amended by striking “including chapters 137 and 140” and inserting “including applicable provisions of chapters 201 through 285, 341 through 343, and 363”. (11) Section 823(c)(3)(C) of the National Aeronautics and Space Administration Transition Authorization Act of 2017 (Public Law 115–10; 51 U.S.C. preceding 30301 note) is amended by striking “section 2319” and inserting “section 3243”.

5 of 5 references resolved to an enrolled provision