Page:United States Statutes at Large Volume 90 Part 2.djvu/595

 PUBLIC LAW 94-472—OCT. 11, 1976

90 STAT. 2063

shall be construed to rec[uire 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, (2) may be used only— (1) for analytical or statistical purposes within the United limitations. 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 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 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. ENFORCEMENT

SEC. 6. (a) Whoever fails to furnish any information required under Failure to this Act, whether required to be furnished in the form of a report or furnish otherwise, or to comply with any rule, regulation, order, or instruc- information. tion promulgated under this Act, may be subject to a civil penalty not Penalties. exceeding $10,000 in a proceeding brought under subsection (b) of this 22 USC 3105. section. (b) Whenever it appears that any person has failed to furnish any information required under this Act, whether required to be furnished in the form of a report or otherwise, or has failed to comply with any rule, regulation, order, or instruction promulgated under this Act, a civil action may be brought in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, and such court may enter a restraining order or a permanent or temporary injunction commanding such person to furnish such information or to comply with such rule, regulation, order, or instruction, as the case may be, or impose the civil penalty provided in subsection (a) of this section, or both. (c) Whoever willfully fails to submit any information required Failure to under this Act, whether required to be furnished in the form of a submit report or otherwise, or willfully violates any rule, regulation, order, or information. instruction promulgated under this Act, upon conviction, shall be Penalty. fined not more than $10,000 and, if an individual, may be imprisoned for not more than one year, or both, and any officer, director, employee,or agent of any corporation who knowingly participates in such violation, upon conviction, may be punished by a like fine, imprisonment, or both.

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