dreamproit/uscode huggingface dataset:
22 U.S.C. § 3102 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3102. Definitions
As used in this chapter, the term—
(1) “United States”, when used in a geographic sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, and all territories and possessions of the United States;
(2) “foreign”, when used in a geographic sense, means that which is situated outside the United States or which belongs to or is characteristic of a country other than the United States;
(3) “person” means any individual, branch, partnership, associated group, association, estate, trust, corporation, or other organization (whether or not organized under the laws of any State), and any government (including a foreign government, the United States Government, a State or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government-sponsored agency);
(4) “United States person” means any person resident in the United States or subject to the jurisdiction of the United States;
(5) “foreign person” means any person resident outside the United States or subject to the jurisdiction of a country other than the United States;
(6) “business enterprise” means any organization, association, branch, or venture which exists for profitmaking purposes or to otherwise secure economic advantage, and any ownership of any real estate;
(7) “parent” means a person of one country who, directly or indirectly, owns or controls 10 per centum or more of the voting stock of an incorporated business enterprise, or an equivalent ownership interest in an unincorporated business enterprise, which is located outside that country;
(8) “affiliate” means a business enterprise located in one country which is directly or indirectly owned or controlled by a person of another country to the extent of 10 per centum or more of its voting stock for an incorporated business or an equivalent interest for an unincorporated business, including a branch;
(9) “international investment” means (A) the ownership or control, directly or indirectly, by contractual commitment or otherwise, by foreign persons of any interest in property in the United States, or of stock, other securities, or short- and long-term debt obligations of a United States person, and (B) the ownership or control, directly or indirectly, by contractual commitment or otherwise, by United States persons of any interest in property outside the United States, or of stock, other securities, or short-and long-term debt obligations of a foreign person;
(10) “direct investment” means the ownership or control, directly or indirectly, by one person of 10 per centum or more of the voting securities of an incorporated business enterprise or an equivalent interest in an unincorporated business enterprise; and
(11) “portfolio investment” means any international investment which is not direct investment.
(Pub. L. 94–472, § 3, Oct. 11, 1976, 90 Stat. 2060.)
heading: Editorial Notes
heading: References in Text
text: For definition of Canal Zone, referred to in par. (1), see section 3602(b) of this title.
22 U.S.C. § 3105 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3105. Enforcement
(a) Civil penalty for failure to furnish information
Whoever fails to furnish any information required under this chapter, whether required to be furnished in the form of a report or otherwise, or to comply with any rule, regulation, order, or instruction promulgated under this chapter, shall be subject to a civil penalty of not less than $2,500, and not more than $25,000, in a proceeding brought under subsection (b) of this section.
(b) Civil action for failure to furnish information
Whenever it appears that any person has failed to furnish any information required under this chapter, whether required to be furnished in the form of a report or otherwise, or has failed to comply with any rule, regulation, order, or instruction promulgated under this chapter, a civil action may be brought in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, and such court may enter a restraining order or a permanent or temporary injunction commanding such person to furnish such information or to comply with such rule, regulation, order, or instruction, as the case may be, or impose the civil penalty provided in subsection (a) of this section, or both.
(c) Criminal penalty for failure to submit information
Whoever willfully fails to submit any information required under this chapter, whether required to be furnished in the form of a report or otherwise, or willfully violates any rule, regulation, order, or instruction promulgated under this chapter, upon conviction, shall be fined not more than $10,000 and, if an individual, may be imprisoned for not more than one year, or both, and any officer, director, employee, or agent of any corporation who knowingly participates in such violation, upon conviction, may be punished by a like fine, imprisonment, or both.
(Pub. L. 94–472, § 6, Oct. 11, 1976, 90 Stat. 2063; Pub. L. 101–533, § 7(b), Nov. 7, 1990, 104 Stat. 2349.)
heading: Editorial Notes
heading: Amendments
text: 1990—Subsec. (a). Pub. L. 101–533 substituted “shall be subject to a civil penalty of not less than $2,500, and not more than $25,000,” for “may be subject to a civil penalty not exceeding $10,000”.
22 U.S.C. § 3106 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3106. Use of experts and administrative support services
(a) Compensation and travel expenses
Any official designated by the President to carry out this chapter may procure the temporary or intermittent services of experts and consultants in accordance with the provisions of section 3109 of title 5. Persons so employed shall receive compensation at a rate not in excess of the maximum amount payable under such section. While away from his home or regular place of business and engaged in the performance of services in conjunction with the provisions of this chapter, any such person may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703(b) 1 of title 5 for persons in the Government service employed intermittently.
(b) Use of available Federal agency services, equipment, personnel, and facilities
Any official designated by the President to carry out this chapter may use, on a reimbursable basis when appropriate (as determined by the President), the available services, equipment, personnel, and facilities of any agency or instrumentality of the United States Government.
(Pub. L. 94–472, § 7, Oct. 11, 1976, 90 Stat. 2064.)
heading: Editorial Notes
heading: References in Text
text: Section 5703 of title 5, referred to in subsec. (a), was amended generally by Pub. L. 94–22, § 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain a subsec. (b).
22 U.S.C. § 3107 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3107. Consultations; creation of independent public advisory committees
Officials performing functions pursuant to this chapter shall secure balanced, diverse, and responsible views from qualified persons representing business, organized labor, and the academic community and may, where appropriate, create such independent public advisory committees as are necessary to carry out the purposes of this chapter.
(Pub. L. 94–472, § 8, Oct. 11, 1976, 90 Stat. 2064; Pub. L. 95–381, § 3, Sept. 22, 1978, 92 Stat. 726; Pub. L. 97–33, § 4, Aug. 7, 1981, 95 Stat. 171.)
heading: Editorial Notes
heading: Amendments
text: 1981—Pub. L. 97–33 struck out designation “(a)” before “Officials performing functions” and struck out subsec. (b) which provided that the President review the results of studies and surveys conducted pursuant to this chapter and report annually to the Committee on International Relations [Foreign Affairs] of the House of Representatives and the appropriate committees of the Senate on any trends or developments which might have had national policy implications and which in the President’s opinion warranted the review of the respective committees.
1978—Subsec. (b). Pub. L. 95–381 substituted references to President, for references to Council on International Economic Policy.
heading: Executive Documents
heading: Executive Order No. 11962
text: Ex. Ord. No. 11962, Jan. 19, 1977, 42 F.R. 4323, which established the President’s Advisory Board on International Investment, was revoked by Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, formerly set out as a note under section 14 of Appendix of Title 5, Government Organization and Employees.
22 U.S.C. § 3108 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3108. Authorization of appropriations
To carry out this chapter, there are authorized to be appropriated $4,400,000 for the fiscal year ending September 30, 1980, $4,500,000 for the fiscal year ending September 30, 1981, $4,000,000 for the fiscal year ending September 30, 1982, and such sums as may be necessary for any subsequent fiscal years.
(Pub. L. 94–472, § 9, Oct. 11, 1976, 90 Stat. 2064; Pub. L. 95–381, § 1, Sept. 22, 1978, 92 Stat. 726; Pub. L. 96–72, § 23(a), Sept. 29, 1979, 93 Stat. 536; Pub. L. 97–33, § 5, Aug. 7, 1981, 95 Stat. 171.)
heading: Editorial Notes
heading: Amendments
text: 1981—Pub. L. 97–33 inserted provisions authorizing appropriations of $4,000,000 for fiscal year ending Sept. 30, 1982, and such sums as might be necessary for any subsequent fiscal years.
1979—Pub. L. 96–72 substituted provisions authorizing appropriations of $4,400,000 for fiscal year ending Sept. 30, 1980, and $4,500,000 for fiscal year ending Sept. 30, 1981, for provisions authorizing appropriations of $4,000,000 for fiscal year ending Sept. 30, 1979.
1978—Pub. L. 95–381 increased authorization from $1,000,000 to $4,000,000, and struck out provisions authorizing appropriation of $1,000,000 for fiscal year ending Sept. 30, 1978.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1979 Amendment
text: Pub. L. 96–72, § 23(b), Sept. 29, 1979, 93 Stat. 536, which provided that the amendment made to this section by Pub. L. 96–72 would take effect on Oct. 1, 1979, was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.
heading: Effective Date of 1978 Amendment
text: Pub. L. 95–381, § 4, Sept. 22, 1978, 92 Stat. 726, provided that: “The amendment made by the first section of this Act [amending this section] shall take effect on October 1, 1978.”
22 U.S.C. § 3141 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3141. Congressional findings
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 Government Accountability Office may have limited access to Government data on foreign direct investment.
(Pub. L. 101–533, § 2, Nov. 7, 1990, 104 Stat. 2344; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Editorial Notes
heading: References in Text
text: Executive Order Numbered 11961, referred to in par. (4), is set out as a note under section 3101 of this title.
heading: Amendments
text: 2004—Par. (6). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 101–533, § 1, Nov. 7, 1990, 104 Stat. 2344, 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’.”
22 U.S.C. § 3145 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3145. Construction of foreign direct investment and international financial data provisions
(a) In general
Nothing in this Act or the amendments made by this Act shall be construed to require any business enterprise or any of its officers, directors, shareholders, or employees, or any other person, to provide information beyond that which is required before November 7, 1990.
(b) Implementation
All departments and agencies implementing this Act and the amendments made by this Act shall, with respect to surveys or questionnaires used in such implementation—
(1) eliminate questions that are no longer necessary,
(2) cooperate with one another in order to ensure that questions asked are consistent among the departments and agencies, and
(3) develop new questions in order to obtain more refined statistics and analyses,
consistent with the purposes of the provisions of law amended by this Act and the Paperwork Reduction Act of 1980.1
(Pub. L. 101–533, § 9, Nov. 7, 1990, 104 Stat. 2351.)
heading: Editorial Notes
heading: References in Text
text: This Act or the amendments made by this Act, referred to in text, 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.
The Paperwork Reduction Act of 1980, referred to in subsec. (b), is Pub. L. 96–511, Dec. 11, 1980, 94 Stat. 2812, as amended, which was classified principally to chapter 35 (§ 3501 et seq.) of Title 44, Public Printing and Documents, prior to the general amendment of that chapter by Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 163. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 101 of Title 44 and Tables.
22 U.S.C. § 3146 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3146. Definitions
For purposes of this Act—
(1) the terms “foreign”, “direct investment”, “international investment”, “United States”, “business enterprise”, “foreign person”, and “United States person” have the meanings given those terms in section 3102 of this title; and
(2) the term “foreign direct investment in the United States” means direct investment by foreign persons in any business enterprise that is a United States person.
(Pub. L. 101–533, § 10, Nov. 7, 1990, 104 Stat. 2351.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, 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.
22 U.S.C. § 3202 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3202. Congressional statement of purpose
It is the purpose of this chapter to promote the policies set forth above by—
(a) establishing a more effective framework for international cooperation to meet the energy needs of all nations and to ensure that the worldwide development of peaceful nuclear activities and the export by any nation of nuclear materials and equipment and nuclear technology intended for use in peaceful nuclear activities do not contribute to proliferation;
(b) authorizing the United States to take such actions as are required to ensure that it will act reliably in meeting its commitment to supply nuclear reactors and fuel to nations which adhere to effective non-proliferation policies;
(c) providing incentives to the other nations of the world to join in such international cooperative efforts and to ratify the Treaty; and
(d) ensuring effective controls by the United States over its exports of nuclear materials and equipment and of nuclear technology.
(Pub. L. 95–242, § 3, Mar. 10, 1978, 92 Stat. 120.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, known as the Nuclear Non-Proliferation Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables.
heading: Effective Date
text: Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of this title.
22 U.S.C. § 3221 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3221. Congressional declaration of policy
The United States, as a matter of national policy, shall take such actions and institute such measures as may be necessary and feasible to assure other nations and groups of nations that may seek to utilize the benefits of atomic energy for peaceful purposes that it will provide a reliable supply of nuclear fuel to those nations and groups of nations which adhere to policies designed to prevent proliferation. Such nuclear fuel shall be provided under agreements entered into pursuant to section 2201 of title 42 or as otherwise authorized by law. The United States shall ensure that it will have available the capacity on a long-term basis to enter into new fuel supply commitments consistent with its non-proliferation policies and domestic energy needs. The Commission shall, on a timely basis, authorize the export of nuclear materials and equipment when all the applicable statutory requirements are met.
(Pub. L. 95–242, title I, § 101, Mar. 10, 1978, 92 Stat. 121.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of this title.
22 U.S.C. § 3222 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3222. Uranium enrichment capacity
The Secretary of Energy is directed to initiate construction planning and design, construction, and operation activities for expansion of uranium enrichment capacity, as elsewhere provided by law. Further the Secretary as well as the Nuclear Regulatory Commission and the Secretary of State are directed to establish and implement procedures which will ensure to the maximum extent feasible, consistent with this chapter, orderly processing of subsequent arrangements and export licenses with minimum time delay.
(Pub. L. 95–242, title I, § 102, Mar. 10, 1978, 92 Stat. 122; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(e)(2), Oct. 21, 1998, 112 Stat. 2681–775.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 95–242, Mar. 10, 1978, 92 Stat. 120, known as the Nuclear Non-Proliferation Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 3201 of this title and Tables.
heading: Amendments
text: 1998—Pub. L. 105–277 substituted “and the Secretary of State” for “, the Secretary of State, and the Director of the Arms Control and Disarmament Agency”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.
heading: Effective Date
text: Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of this title.
22 U.S.C. § 3224 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3224. Reevaluation of nuclear fuel cycle
The President shall take immediate initiatives to invite all nuclear supplier and recipient nations to reevaluate all aspects of the nuclear fuel cycle, with emphasis on alternatives to an economy based on the separation of pure plutonium or the presence of high enriched uranium, methods to deal with spent fuel storage, and methods to improve the safeguards for existing nuclear technology. The President shall, in the first report required by section 3281 of this title, detail the progress of such international reevaluation.
(Pub. L. 95–242, title I, § 105, Mar. 10, 1978, 92 Stat. 123.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of this title.
heading: Executive Documents
heading: Delegation of Functions
text: Secretary of State responsible for performing functions vested in President under this section, see section 2(a) of Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out as a note under section 3201 of this title.
22 U.S.C. § 3241 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3241. Congressional declaration of policy
The United States is committed to continued strong support for the principles of the Treaty on the Non-Proliferation of Nuclear Weapons, to a strengthened and more effective International Atomic Energy Agency and to a comprehensive safeguards system administered by the Agency to deter proliferation. Accordingly, the United States shall seek to act with other nations to—
(a) continue to strengthen the safeguards program of the IAEA and, in order to implement this section, contribute funds, technical resources, and other support to assist the IAEA in effectively implementing safeguards;
(b) ensure that the IAEA has the resources to carry out the provisions of Article XII of the Statute of the IAEA;
(c) improve the IAEA safeguards system (including accountability) to ensure—
(1) the timely detection of a possible diversion of source or special nuclear materials which could be used for nuclear explosive devices;
(2) the timely dissemination of information regarding such diversion; and
(3) the timely implementation of internationally agreed procedures in the event of such diversion;
(d) ensure that the IAEA receives on a timely basis the data needed for it to administer an effective and comprehensive international safeguards program and that the IAEA provides timely notice to the world community of any evidence of a violation of any safeguards agreement to which it is a party; and
(e) encourage the IAEA, to the maximum degree consistent with the Statute, to provide nations which supply nuclear materials and equipment with the data needed to assure such nations of adherence to bilateral commitments applicable to such supply.
(Pub. L. 95–242, title II, § 201, Mar. 10, 1978, 92 Stat. 124.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Mar. 10, 1978, except as otherwise provided and regardless of any requirements for the promulgation of implementing regulations, see section 603(c) of Pub. L. 95–242, set out as a note under section 3201 of this title.