22 U.S.C. § 3143 — Reports by Government Accountability

Page 1313 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3143 XI, § 1182(d)(2), Nov. 30, 1993, 107 Stat. 1773; Pub. L. 105–261, div. A, title X, § 1069(d)(2), Oct. 17, 1998, 112 Stat. 2136; Pub. L. 117–81, div. A, title XVII, § 1702(l)(4), Dec. 27, 2021, 135 Stat. 2160.) Editorial Notes REFERENCES IN TEXT The International Investment and Trade in Services Survey Act, referred to in subsec. (b)(1), (3), is Pub. L. 94–472, Oct. 11, 1976, 90 Stat. 2059, which is classified generally to chapter 46 (§ 3101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. Executive Order 11858, referred to in subsec. (b)(4), is set out as a note under section 4565 of Title 50, War and National Defense. Ex. Ord. No. 11858 was amended gen- erally by Ex. Ord. No. 13456, § 1, Jan. 23, 2008, 73 F.R. 4677, and, as so amended, section 2 no longer relates to the collection of information on foreign investment. However, similar provisions are now contained in sec- tion 9 of Ex. Ord. No. 11858. The Agricultural Foreign Investment Disclosure Act of 1978, referred to in subsec. (b)(5), is Pub. L. 95–460, Oct. 14, 1978, 92 Stat. 1263, which is classified generally to chapter 66 (§ 3501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 3501 of Title 7 and Tables. Section 6683 of title 42, referred to in subsec. (c)(2), was omitted from the Code. AMENDMENTS 2021—Subsec. (c)(2). Pub. L. 117–81 substituted ‘‘sec- tion 4816’’ for ‘‘section 2505’’. 1998—Subsec. (c)(2). Pub. L. 105–261 substituted ‘‘iden- tified in the most recent assessment prepared under section 2505 of title 10’’ for ‘‘included in the most recent plan submitted to the Congress under section 2506 of title 10’’. 1993—Subsec. (c)(2). Pub. L. 103–160 substituted ‘‘sec- tion 2506’’ for ‘‘section 2522’’. 1992—Subsec. (c)(2). Pub. L. 102–484 substituted ‘‘sec- tion 2522’’ for ‘‘section 2368’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 3143. Reports by Government Accountability Office (a) In general The Comptroller General, to the extent per- mitted by law, including section 3144 of this title, is authorized to review the information de- scribed in section 3142(b) of this title for pur- poses of preparing the reports referred to in sub- section (b) of this section. Nothing in this sec- tion authorizes disclosure of any individually identifiable data or information in any form that can be associated with or otherwise iden- tify, directly or indirectly, any person, includ- ing 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 Com- mittee on Ways and Means, and the Committee on Foreign Affairs of the House of Representa- tives, to the Committee on Commerce, Science, and Transportation of the Senate, and to the Joint Economic Committee of the Congress re- ports— (1) analyzing reports issued by the Secretary of Commerce under section 3142 of this title; (2) making recommendations for changes in the analysis done in the report due the fol- lowing year under section 3142 of this title; (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 information that avoids unnecessary redundancy among Federal agencies; (4) reviewing the status and processes for reconciliation of data exchanged as required by this Act and the amendments made by this Act, and making any recommendations for im- proving and augmenting international finan- cial data; (5) making recommendations for possible ad- ditional policy coordination within the execu- tive branch affecting foreign direct invest- ment in the United States; and (6) making recommendations for improve- ment of the coverage, industry classification, and consistency among Federal agencies of their respective surveys. (c) Other reviews and reports (1) The Comptroller General may, to the ex- tent permitted by law, including section 3104(c) of this title and section 3144 of this title, also re- view data and information at the Bureau of the Census, the Bureau of Labor Statistics, and the Bureau of Economic Analysis and from time to time report to the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and to the Joint Economic Committee of the Congress. (2) The Comptroller General shall, in carrying out paragraph (1), comply with procedures relat- ing to access to and disclosure of data and infor- mation established within the Federal statis- tical agencies referred to in paragraph (1), and maintain any and all individually identifiable data and information at the statistical agency where the information is reviewed. (d) Confidentiality; review by other agencies In preparing any report under this section, the Comptroller General shall not— (1) disclose any confidential business infor- mation or present any information in a way in which any person, including a business enter- prise or establishment, can be identified; or (2) combine, match, or use in any other way individually identifiable data or information maintained by any of the Federal statistical 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. 1996—Subsec. (a). Pub. L. 104–316, § 111(c)(1), sub- stituted ‘‘reports referred to in’’ for ‘‘report required under’’. Subsec. (b). Pub. L. 104–316, § 111(c)(2)(A), (D), sub- stituted ‘‘Reports’’ for ‘‘Report’’ in heading, in intro- ductory provisions substituted ‘‘Consistent with the provisions of this section, the Comptroller General may submit’’ for ‘‘Not later than 5 months after each report issued by the Secretary of Commerce under section 3142 of this title, the Comptroller General of the United States shall submit’’, and struck out closing provisions which read as follows: ‘‘Reports under this subsection shall be issued only with respect to the first 3 reports issued by the Secretary of Commerce under section 3142 of this title.’’ Pub. L. 104–316, § 111(c)(2)(B), which directed that sub- sec. (b) be amended by substituting ‘‘Congress reports’’ for ‘‘Congress, a report’’, was executed in the introduc- tory provisions by making the substitution for ‘‘Con- gress a report’’, to reflect the probable intent of Con- gress. Subsec. (b)(1). Pub. L. 104–316, § 111(c)(2)(C), sub- stituted ‘‘reports issued by the Secretary of Commerce under section 3142 of this title’’ for ‘‘the report of the Secretary of Commerce’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 3144. Access to information; confidentiality (a) Confidentiality (1) Those officers and employees who have ac- cess to information under this Act to which the provisions of section 9 of title 13 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 Serv- ices Survey Act (22 U.S.C. 3104(c)) may have ac- cess under this Act to information to which such provisions apply, and such officers and employ- ees are subject to the penalties for improper dis- closure of such information provided in section 5(e) of that Act [22 U.S.C. 3104(e)] to the same extent as such section applies to officers or em- ployees designated to perform functions under that Act [22 U.S.C. 3101 et seq.]. (3) Those officers and employees referred to in paragraphs (1) and (2) of this section 1 shall be subject to any other restriction or penalty im- posed by law with respect to disclosure of infor- mation 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, misrepresenta- tion, or other unlawful act, access to informa- tion made available to any department or agen- cy 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 re- sponsible for the implementation of the ex-