§ 3144. — Access to information; confidentiality.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3144]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 46A--FOREIGN DIRECT INVESTMENT AND INTERNATIONAL FINANCIAL DATA
Sec. 3144. Access to information; confidentiality
(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 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)) 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)] to
the same extent as such section applies to officers or employees
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 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) of this section.
(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 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 et seq.].
(Pub. L. 101-533, Sec. 8, Nov. 7, 1990, 104 Stat. 2350.)
References in 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 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, as amended, which is classified generally to
chapter 46 (Sec. 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.
Section Referred to in Other Sections
This section is referred to in section 3143 of this title.
