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22 U.S.C. § 3144 — Access to information; confidentiality
Federal law — U.S. Code and appendices · legal_authorities
**(a) Confidentiality**
(1) Those officers and employees who have access to information under this Act to which the provisions of [section 9 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section9&num=0&edition=prelim) apply must have been sworn, as provided for in section 23(c) of such title, to observe the limitations imposed by section 9(a) of such title and to be subject to the provisions of section 214 of such title to the same extent as such section applies to officers or employees of the Bureau of the Census.
(2) Only those officers and employees who have sworn to observe the provisions of section 5(c) of the International Investment and Trade in Services Survey Act ([22 U.S.C. 3104(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3104/c&num=0&edition=prelim)) may have access under this Act to information to which such provisions apply, and such officers and employees are subject to the penalties for improper disclosure of such information provided in section 5(e) of that Act [[22 U.S.C. 3104(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3104/e&num=0&edition=prelim)] to the same extent as such section applies to officers or employees designated to perform functions under that Act [[22 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3101&num=0&edition=prelim) et seq.].
(3) Those officers and employees referred to in paragraphs (1) and (2) of this section 11 So in original. Probably should be “subsection”. shall be subject to any other restriction or penalty imposed by law with respect to disclosure of information to which such officers or employees have access under this Act.
**(b) Violations and penalties** Whoever is in
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Source file: Laws/federal/codes/united-states-code/title-22/section-3144-access-to-information-confidentiality--4bba6db680.md
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Source location: Title 22, Chapter 46A, § 3144; chapter-46a-foreign-direct-investment-and-international-financial-data.md
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**(a) Confidentiality**
(1) Those officers and employees who have access to information under this Act to which the provisions of [section 9 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section9&num=0&edition=prelim) apply must have been sworn, as provided for in section 23(c) of such title, to observe the limitations imposed by section 9(a) of such title and to be subject to the provisions of section 214 of such title to the same extent as such section applies to officers or employees of the Bureau of the Census.
(2) Only those officers and employees who have sworn to observe the provisions of section 5(c) of the International Investment and Trade in Services Survey Act ([22 U.S.C. 3104(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3104/c&num=0&edition=prelim)) may have access under this Act to information to which such provisions apply, and such officers and employees are subject to the penalties for improper disclosure of such information provided in section 5(e) of that Act [[22 U.S.C. 3104(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3104/e&num=0&edition=prelim)] to the same extent as such section applies to officers or employees designated to perform functions under that Act [[22 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3101&num=0&edition=prelim) et seq.].
(3) Those officers and employees referred to in paragraphs (1) and (2) of this section 11 So in original. Probably should be “subsection”. shall be subject to any other restriction or penalty imposed by law with respect to disclosure of information to which such officers or employees have access under this Act.
**(b) Violations and penalties** Whoever is in possession of information made available to any department or agency by virtue of this Act or the amendments made by this Act and discloses the information in any form which can be associated with, or otherwise identify, any person, including any business enterprise or establishment, shall be fined not less than $2,500 nor more than $25,000 or imprisoned not more than 5 years, or both.
**(c) Unlawful access** Whoever procures, by fraud, misrepresentation, or other unlawful act, access to information made available to any department or agency by virtue of this Act or the amendments made by this Act shall be fined not less than $2,500 nor more than $25,000 or imprisoned not more than 5 years, or both.
**(d) Information immune from process** Information obtained under this Act shall be immune from legal process and shall not be used as evidence or for any purpose in any Federal, State, or local government action, suit, or other administrative or judicial proceeding except as necessary to enforce requirements imposed by law on the collection of information, to enforce the provisions of subsections (b) and (c).
**(e) Implementation**
(1) The Secretary of Commerce shall be responsible for the implementation of the exchange of information under this Act between the Bureau of the Census and the Bureau of Economic Analysis, and shall resolve any questions on access to information, data, or methodology that may arise between the Bureau of the Census and the Bureau of Economic Analysis, except that the Secretary shall not construe this section in a manner which would prevent the augmentation and improvement of the quality of international data collected under the International Investment and Trade in Services Survey Act [[22 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3101&num=0&edition=prelim) et seq.]. The Bureau of Economic Analysis and the Bureau of the Census shall agree in writing to the data to be shared under this Act.
(2) The Director of the Office of Management and Budget shall be responsible for the implementation of the exchange of information under this Act between the Bureau of Economic Analysis and the Bureau of Labor Statistics, and shall resolve any questions on access to information, data, or methodology that may arise between the Bureau of Economic Analysis and the Bureau of Labor Statistics, except that the Director shall not construe this section in a manner which would prevent the augmentation and improvement of the quality of international data collected under the International Investment and Trade in Services Survey Act [[22 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3101&num=0&edition=prelim) et seq.].
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Federal law — U.S. Code and appendices · legal_authorities
**(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 t
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Neither the Secretary, nor any other officer or employee of the Department of Commerce or bureau or agency thereof, or local government census liaison, may, except as provided in section 8 or 16 or chapter 10 of this title or section 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 or section 2(f) of the Census of Agriculture Act of 1997—
(1) use the information furnished under the provisions of this title for any purpose other than the statistical purposes for which it is supplied; or
(2) make any publication whereby the data furnished by any particular establishment or individual under this title can be identified; or
(3) permit anyone other than the sworn officers and employees of the Department or bureau or agency thereof to examine the individual reports.
No department, bureau, agency, officer, or employee of the Government, except the Secretary in carrying out the purposes of this title, shall require, for any reason, copies of census reports which have been retained by any such establishment or individual. Copies of census reports which have been so retained shall be immune from legal process, and shall not, without the consent of the individual or establishment concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.
**(b)** The provisions of subsection (a) of this section relating to the confidential treatment of data for particular individuals and establishments, shall not apply to the censuses of governments provided for by subchapter III of chapter 5 of this title, nor to interim current data provided for by subchapter IV of chapter 5 of this title as to the subjects covered by censuses of governments, with re
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Comptroller General, to the extent permitted by law, including [section 3144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3144&num=0&edition=prelim), is authorized to review the information described in [section 3142(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3142/b&num=0&edition=prelim) for purposes of preparing the reports referred to in subsection (b) of this section. Nothing in this section authorizes disclosure of any individually identifiable data or information in any form that can be associated with or otherwise identify, directly or indirectly, any person, including any enterprise or establishment.
**(b) Reports** Consistent with the provisions of this section, the Comptroller General may 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 reports—
(1) analyzing reports issued by the Secretary of Commerce under [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3142&num=0&edition=prelim);
(2) making recommendations for changes in the analysis done in the report due the following year under [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3142&num=0&edition=prelim);
(3) making recommendations for improving the collection by respective Federal agencies of data on foreign direct investment in the United States, including use of private sector data, and improving survey questionnaires to obtain useful and consistent
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Federal law — U.S. Code and appendices · legal_authorities
Page 1305
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3101
paid by the Secretary of the Senate or the Clerk of the
House of Representatives. After amendment, section
3304(i)(1) of title 5 defines ‘‘technician’’.
AMENDMENTS
2024—Subsec. (d)(2). Pub. L. 118–188 substituted
‘‘3304(i)(1)’’ for ‘‘3304(c)(1)’’.
1996—Subsec. (d)(2). Pub. L. 104–186 substituted ‘‘Chief
Administrative Officer’’ for ‘‘Clerk’’.
1985—Subsecs. (a), (b). Pub. L. 99–7, in amending sec-
tion generally, added subsecs. (a) and (b).
Subsec. (c). Pub. L. 99–7, in amending section gen-
erally, designated existing provisions as subsec. (c) and
substituted ‘‘All staff appointments shall be made’’ for
‘‘The Commission may appoint and fix the pay of such
staff personnel as it deems desirable,’’.
Subsec. (d). Pub. L. 99–7, in amending section gen-
erally, added subsec. (d).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1985 AMENDMENT
Amendment by Pub. L. 99–7 effective Apr. 15, 1985, ex-
cept for enactment of subsec. (d) which was effective
June 3, 1976, see section 6(a), (b)(2) of Pub. L. 99–7, set
out as a note under section 3002 of this title.
§ 3009. Printing and binding costs
For purposes of costs relating to printing and
binding, including the costs of personnel de-
tailed from the Government Publishing Office,
the Commission shall be deemed to be a com-
mittee of the Congress.
(Pub. L. 94–304, § 9, as added Pub. L. 99–190, § 134,
Dec. 19, 1985, 99 Stat. 1322; amended Pub. L.
113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128
Stat. 2537.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Government Publishing Office’’ substituted for
‘‘Government Printing Office’’ in text on authority of
section 1301(b) of Pub. L. 113–235, set out as a note pre-
cedin
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization** The authorities and responsibilities under this chapter may be exercised through such rules and regulations as may be necessary to carry out the purposes of this chapter.
**(b) Recordkeeping and reports** Rules or regulations issued pursuant to this chapter may require any person subject to the jurisdiction of the United States—
(1) to maintain a complete record of any information (including journals or other books of original entry, minute books, stock transfer records, lists of shareholders, or financial statements) which is essential to carrying out the surveys and studies to be conducted under this chapter; and
(2) to furnish, under oath, any report containing information which is determined to be necessary to carry out the surveys and studies conducted under this chapter.
When a report under paragraph (2) is furnished under oath, such oath shall be by the officer of such person who is directly responsible for the maintenance and compilation of such information, and shall certify that the report was prepared in accordance with this chapter, is complete, and is to such officer’s best knowledge and belief, substantially accurate, except in a case in which, in accordance with rules and regulations issued under this chapter, estimates have been provided because data are not available from customary accounting records or precise data could not be obtained without undue burden, and the data subject to such estimates has been noted in the report.
**(c) Access to information; limitation** Access to information obtained under subsection (b)(2) of this section shall be available only to officials or employees designated to perform functions under this chapter, including consultants and persons working on contracts awarded pursuant to this chapter. Su
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Federal law — U.S. Code and appendices · legal_authorities
Page 1309
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3104
duct a comprehensive benchmark survey at least once
every five years and, for such purpose, shall,’’ in provi-
sions preceding par (1).
Subsec. (c)(2). Pub. L. 97–33, § 2, substituted ‘‘the
President shall annually compile currently available
data on United States portfolio investment abroad in-
cluding items such as data on the magnitude and aggre-
gate value of portfolio investment, form of invest-
ments, 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) deter-
mine the magnitude and aggregate value of portfolio
investment, form of investments, types of investors,
nationality of investors and recorded residence of pri-
vate holders, diversification of holdings by economic
sector, and holders of record. The President shall com-
plete such survey not later than the end of the five-
year period beginning on October 11, 1976. After comple-
tion of such survey, the President shall report to the
Congress on the feasibility and desirability of con-
ducting, on a periodic basis, additional benchmark sur-
veys of United States portfolio investment abroad. If he
determines that such additional benchmark surveys are
feasible and desirable, he may conduct such surveys’’.
Subsecs. (e) to (g). Pub. L. 97–33, § 3, added subsec. (e)
and redesignated subsecs. (e) and (f) as (f) and
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Federal law — U.S. Code and appendices · legal_authorities
Page 1314
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3144
1 So in original. Probably should be ‘‘subsection’’.
agencies referred to in subsection (c) with any
other individually identifiable confidential
data or information that is not collected by
such statistical agencies.
Before issuing any such report, the Comptroller
General shall in each instance submit the report
to the head or heads of the agency or agencies
from which confidential or identifiable informa-
tion described in the preceding sentence was ob-
tained. The agency or agencies concerned shall
promptly review the report for the purpose of
assuring that the confidentiality of such infor-
mation and identity is maintained, and for any
other purpose, and shall provide the Comptroller
General with appropriate comments or other
suggestions within 10 working days after receiv-
ing the report.
(e) Right of access
The access by the Comptroller General to in-
formation under this Act shall be in conformity
with section 716 of title 31.
(Pub. L. 101–533, § 4, Nov. 7, 1990, 104 Stat. 2346;
Pub. L. 104–316, title I, § 111(c), Oct. 19, 1996, 110
Stat. 3833; Pub. L. 108–271, § 8(b), July 7, 2004, 118
Stat. 814.)
Editorial Notes
REFERENCES IN TEXT
This Act and the amendments made by this Act, re-
ferred to in subsecs. (b)(4) and (e), is Pub. L. 101–533,
Nov. 7, 1990, 104 Stat. 2344, known as the Foreign Direct
Investment and International Financial Data Improve-
ments 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.
AMENDMENTS
2004—Pub. L. 108–271 substituted ‘‘Government Ac-
countability Office’’ for ‘‘General Accounting Office’’ in
section catchline.
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