22 U.S.C. § 3144: Access to information…

Summary

People who get information under this law must be sworn to keep it secret under the oaths required by Title 13 (sections 9 and 23(c)) or under the International Investment and Trade in Services Survey Act (section 5(c)). They must follow those secrecy rules and any other laws that limit disclosure. Anyone who has the information and reveals it in a way that can identify a person or business can be fined $2,500 to $25,000, jailed for up to 5 years, or both. Anyone who gets access by fraud, lying, or another illegal act faces the same penalties. The information is protected from legal process and cannot be used in government or court actions, except to enforce information collection rules or the rules against disclosure and illegal access. The Secretary of Commerce must run the information exchange between the Census Bureau and the Bureau of Economic Analysis (BEA) and settle questions about access. The BEA and the Census Bureau must agree in writing on what data will be shared. The Director of the Office of Management and Budget must do the same for exchanges and questions between the BEA and the Bureau of Labor Statistics. Both officials must allow improvements to international data collected under the International Investment and Trade in Services Survey Act.

Title 22, §3144

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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).

(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.].

Notes & Related Subsidiaries

Editorial Notes

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, 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.

§3144 Access to Information; Confidentiality

Summary

Title 22, §3144

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Short Title

Short Title

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