View all text of Chapter 46 [§ 3101 - § 3108]
§ 3104. Rules and regulations
(a) Authorization
(b) Recordkeeping and reports
Rules or regulations issued pursuant to this chapter 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 surveys and studies to be conducted under this chapter; and
(2) to furnish, under oath, any report containing information which is determined to be necessary to carry out the surveys and studies conducted under this chapter.
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.
(c) Access to information; limitation
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 chapter, including consultants and persons working on contracts awarded pursuant to this chapter. 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 chapter as he deems necessary to carry out the purposes of this chapter. Nothing in this section shall be construed to require any Federal agency to disclose to any official exercising authority under this chapter any information or report collected under legal authority other than this chapter where disclosure is prohibited by law. Information collected pursuant to subsection (b)(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 (e) of this section or under section 3105(b) or (c) of this title.
No official or employee designated to perform functions under this chapter, including consultants and persons working on contracts awarded pursuant to this chapter, may publish or make available to any other person any information collected pursuant to subsection (b)(2) in a manner that the 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 chapter, 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) Access to Bureau of Economic Analysis information
(e) Penalty
(Pub. L. 94–472, § 5, Oct. 11, 1976, 90 Stat. 2062; Pub. L. 98–573, title III, § 306(b)(5), Oct. 30, 1984, 98 Stat. 3010; Pub. L. 101–533, §§ 6(d), (e), 7(a), Nov. 7, 1990, 104 Stat. 2349.)