22 U.S.C. § 3144 — Access to information; confidentiality

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- Page 1315 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3146 1 See References in Text note below. change of information under this Act between the Bureau of the Census and the Bureau of Eco- nomic Analysis, and shall resolve any questions on access to information, data, or methodology that may arise between the Bureau of the Cen- sus and the Bureau of Economic Analysis, ex- cept 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 Inter- national Investment and Trade in Services Sur- vey Act [22 U.S.C. 3101 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 imple- mentation of the exchange of information under this Act between the Bureau of Economic Anal- ysis and the Bureau of Labor Statistics, and shall resolve any questions on access to infor- mation, data, or methodology that may arise be- tween the Bureau of Economic Analysis and the Bureau of Labor Statistics, except that the Di- rector shall not construe this section in a man- ner which would prevent the augmentation and improvement of the quality of international data collected under the International Invest- ment and Trade in Services Survey Act [22 U.S.C. 3101 et seq.]. (Pub. L. 101–533, § 8, Nov. 7, 1990, 104 Stat. 2350.) Editorial Notes REFERENCES IN TEXT This Act or the amendments made by this Act, re- ferred 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 International Investment and Trade in Services Survey Act, referred to in subsecs. (a)(2) and (e), 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. § 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, direc- tors, 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 Re- duction Act of 1980.1 (Pub. L. 101–533, § 9, Nov. 7, 1990, 104 Stat. 2351.) Editorial Notes REFERENCES IN TEXT This Act or the amendments made by this Act, re- ferred 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, 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 clas- sification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 101 of Title 44 and Tables. § 3146. Definitions For purposes of this Act— (1) the terms ‘‘foreign’’, ‘‘direct invest- ment’’, ‘‘international investment’’, ‘‘United States’’, ‘‘business enterprise’’, ‘‘foreign per- son’’, 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.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 101–533, Nov. 7, 1990, 104 Stat. 2344, known as the Foreign Direct In- vestment 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. CHAPTER 47—NUCLEAR NON- PROLIFERATION Sec. 3201. Congressional declaration of policy. 3202. Congressional statement of purpose. 3203. Definitions. SUBCHAPTER I—UNITED STATES INITIATIVES TO PROVIDE ADEQUATE NUCLEAR FUEL SUPPLY 3221. Congressional declaration of policy. 3222. Uranium enrichment capacity. 3223. International undertakings. 3224. Reevaluation of nuclear fuel cycle.