§ 3104. Rules and regulations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   International Investment Survey Act of 1976

   Pub. L. 94–472 § 5 · 90 Stat. 2059

   Enacted · 22 U.S.C. § 3104

   Pub. L. 94–472, § 5, Oct. 11, 1976, 90 Stat. 2062

   Source evidence

   Code source credit
   Pub. L. 94–472, § 5, Oct. 11, 1976, 90 Stat. 2062

   Enacted provision · exact public law section
   Sec. 5. rules and regulations; access to information (a) The authorities and responsibilities under this Act may be exercised through such rules and regulations as may be necessary to carry out the purposes of this Act. (b) Rules or regulations issued pursuant to this Act 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 international investment surveys and studies to be conducted under this Act; and (2) to furnish, under oath, any report containing information which is determined to be necessary to carry out the international investment surveys and studies conducted under this Act. (c) 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 Act, including consultants and persons working on contracts awarded pursuant to this Act. Subject to the limitation of paragraph (1) of this subsection, the President may authorize the exchange between agencies or officials designated by him of information furnished by any person under this Act as he deems necessary to carry out the purposes of this Act. Nothing in this section shall be construed to require any Federal agency to disclose to any official exercising authority under this Act any information or report collected under legal authority other than this Act where disclosure is prohibited by law. Information collected pursuant to subsection (b) Information disclosure, limitations. (2) may be used only— (1) for analytical or statistical purposes within the United States Government; or (2) for the purpose of a proceeding under subsection (d) of this section or under section 6 (b) or (c). No official or employee designated to perform functions under this Act, including consultants and persons working on contracts awarded pursuant to this Act, may publish or make available to any other person any information collected pursuant to subsection (b)(2) in a manner that t he person who furnished the information can be specifically identified except as provided in this section. No person can compel the submission or disclosure of any report or constituent part thereof collected pursuant to this Act, or any copy of such report or constituent part thereof, without the prior written consent of the person who maintained or furnished such report under subsection (b) and without prior written consent of the customer, where the person who maintained or furnished such report included information identifiable as being derived from the records of such customer. (d) Any person who willfully violates subsection (c) shall, upon Penalty. conviction, be fined not more than $10,000, in addition to any other penalty imposed by law.

2. 1984

   International Trade and Investment Act

   Pub. L. 98–573 title III § 306(b)(5) · 98 Stat. 2948

   Struck · 22 U.S.C. § 3104(b)(1); 22 U.S.C. § 3104(b)(2)

   Pub. L. 98–573 struck out “international investment” before “surveys”

   Source evidence

   Code amendment note
   Subsec. (b)(1), (2). Pub. L. 98–573 struck out “international investment” before “surveys”.

   Enacted provision · exact public law section
   (5) Subsection (b) of section 5 of such Act (22 U.S.C. 3104) is amended by striking out “international investment” each place it appears.

3. 1990

   Foreign Direct Investment and International Financial Data Improvements Act of 1990

   Pub. L. 101–533 § 7(a) · 104 Stat. 2344

   Inserted · 22 U.S.C. § 3104(b)

   Pub. L. 101–533, § 7(a), inserted at end “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.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–533, § 7(a), inserted at end “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.”

   Enacted provision · exact public law section
   (a) Affirmation by a Responsible Officer.— Section 5(b) of the International Investment and Trade in Services Survey Act (22 U.S.C. 3104(b)) is amended by adding at the end the following: “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 Act, 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 Act, 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.”.

4. 1990

   Foreign Direct Investment and International Financial Data Improvements Act of 1990

   Pub. L. 101–533 § 6(e)(1) · 104 Stat. 2344

   Substituted · 22 U.S.C. § 3104(c)(2)

   Pub. L. 101–533, § 6(e)(1), substituted “subsection (e)” for “subsection (d)”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 101–533, § 6(e)(1), substituted “subsection (e)” for “subsection (d)”.

   Enacted provision · exact public law section
   (1) in subsection (c)(2) by striking “(d)” and inserting “(e)”; and (2) in subsection (e), as redesignated by subsection (d)(1) of this section, by inserting “or (d)” after “(c)”.

5. 1990

   Foreign Direct Investment and International Financial Data Improvements Act of 1990

   Pub. L. 101–533 § 6(d)(2) · 104 Stat. 2344

   Redesignated · 22 U.S.C. § 3104(d)

   Pub. L. 101–533, § 6(d)(2), added subsec. (d). Former subsec. (d) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–533, § 6(d)(2), added subsec. (d). Former subsec. (d) redesignated (e).

   Enacted provision · exact public law section
   (2) by inserting after subsection (c) the following: “(d) The Bureau of the Census of the Department of Commerce is authorized, for purposes of augmenting and improving the quality of data collected by the Bureau of the Census, to have, upon written request, access to data relating to business enterprises that is collected directly by the Bureau of Economic Analysis for purposes of this Act. The Bureau of Labor Statistics of the Department of Labor is authorized, for purposes of augmenting and improving the data collected by the Bureau of Labor Statistics, to have access, upon written request, to selected identification information on business enterprises and data on international services transactions, that is collected directly by the Bureau of Economic Analysis for purposes of this Act. Officers and employees of the Bureau of the Census and the Bureau of Labor Statistics shall, for purposes of subsection (c), be deemed to be officials or employees designated to perform functions under this Act.”.

6. 1990

   Foreign Direct Investment and International Financial Data Improvements Act of 1990

   Pub. L. 101–533 § 6(d)(1) · 104 Stat. 2344

   1. Redesignated · 22 U.S.C. § 3104(e)

      Pub. L. 101–533, § 6(d)(1), (e)(2), redesignated subsec. (d) as (e)

   2. Inserted · 22 U.S.C. § 3104(e)

      Pub. L. 101–533, § 6(d)(1), (e)(2), inserted “or (d)” after “subsection (c)”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 101–533, § 6(d)(1), (e)(2), redesignated subsec. (d) as (e) and inserted “or (d)” after “subsection (c)”.

   Enacted provision · exact public law section
   (1) by redesignating subsection (d) as subsection (e); and

7 of 7 references resolved to an enrolled provision