Page images
PDF
EPUB

Sec.

CHAPTER 35-COORDINATION OF FEDERAL
REPORTING SERVICES

3501. Information for Federal agencies.

3502.

Definitions.

3503. Duties of Director of the Bureau of the Budget. 3504. Designation of central collection agency.

3505. Independent collection by an agency prohibited. 3506.

Determination of necessity for information; hearing. 3507. Cooperation of agencies in making information available. 3508. Unlawful disclosure of information; penalties; release of information to other agencies.

3509. Plans or forms for collecting information; submission to Director; approval.

3510. Rules and regulations.

3511.

Penalty for failure to furnish information.

§ 3501.

Information for Federal agencies

Information needed by Federal agencies shall be obtained with a minimum burden upon business enterprises, especially small business enterprises, and other persons required to furnish the information, and at a minimum cost to the Government. Unnecessary duplication of efforts in obtaining information through the use of reports, questionnaires, and other methods shall be eliminated as rapidly as practicable. Information collected and tabulated by a Federal agency shall, as far as is expedient, be tabulated in a manner to maximize the usefulness of the information to other Federal agencies and the public.

Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1302.

[blocks in formation]
[ocr errors]

Bodies

44 § 3502 PUBLIC PRINTING AND DOCUMENTS

§ 3502.

Definitions

As used in this chapter-

Ch. 35

"Federal agency" means an executive department, commission, independent establishment, corporation owned or controlled by the United States, board, bureau, division, service, office, authority, or administration in the executive branch of the Government; but does not include the General Accounting Office nor the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions;

"person" means an individual, partnership, association, corporation, business trust, or legal representative, an organized group of persons, a State or territorial government or branch, or a political subdivision of a State or territory or a branch of a political subdivision;

"information" means facts obtained or solicited by the use of written report forms, application forms, schedules, questionnaires, or other similar methods calling either for answers to identical questions from ten or more persons other than agencies, instrumentalities, or employees of the United States or for answers to questions from agencies, instrumentalities, or employees of the United States which are to be used for statistical compilations of general public interest.

Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1302.

[blocks in formation]

Federal Register and Code of Federal Regulations, Federal agency defined, see section 1501 of this title.

§ 3503.

Duties of Director of the Bureau of the Budget

With a view to carrying out the policy of this chapter, the Director of the Bureau of the Budget from time to time shall—

(1) investigate the needs of the various Federal agencies for information from business enterprises, from other persons, and from other Federal agencies;

(2) investigate the methods used by agencies in obtaining information; and

COORDINATION OF SERVICES 44 § 3505

(3) coordinate as rapidly as possible the information-collecting services of all agencies with a view to reducing the cost to the Government of obtaining information and minimizing the burden upon business enterprises and other persons, and using, as far as practicable, for continuing organization, files of information and existing facilities of the established Federal agencies.

Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1303.

Reviser's Note.

Historical and Revision Notes
Based on 44 U.S.Code,

1964 ed., Supp. II, § 422(a) (Dec. 24, 1942,
ch. 811, § 3(a), 56 Stat. 1078).

Legislative History. For legislative history and purpose of Pub. L. 90-620, see 1968 U.S.Code Cong. and Adm.News, p. 4438.

§ 3504.

Designation of central collection agency

When, after investigation, the Director of the Bureau of the Budget is of the opinion that the needs of two or more Federal agencies for information from business enterprises and other persons will be adequately served by a single collecting agency, he shall fix a time and place for a hearing at which the agencies concerned and other interested persons may have an opportunity to present their views. After the hearing, the Director may issue an order designating a collecting agency to obtain information for two or more of the agencies concerned, and prescribing (with reference to the collection of information) the duties and functions of the collecting agency so designated and the Federal agencies for which it is to act as agent. The Director may modify the order from time to time as circumstances require, but modification may not be made except after investigation and hearing.

Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1303.

Historical and Revision Notes Reviser's Note. Based on 44 U.S.Code, 1964 ed.. Supp. II. § 422(b) (Dec. 24, 1942, ch. 811, § 3(b), 56 Stat. 1078).

Legislative History. For legislative history and purpose of Pub. L. 90 620, see 1968 U.S.Code Cong. and Adm.News, p. 4438.

§ 3505.

Independent collection by an agency prohibited

While an order or modified order is in effect, a Federal agency covered by it may not obtain for itself information which it is the duty of the collecting agency designated by the order to obtain. Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1303.

44 § 3505 PUBLIC PRINTING AND DOCUMENTS

Ch. 35

Historical and Revision Notes

Reviser's Note. Based on 44 U.S.Code, 1964 ed.. Supp. II, § 422(c) (Dec. 24, 1942, ch. 811, § 3(c), 56 Stat. 1078).

Legislative History. For legislative history and purpose of Pub. L. 90-620, see 1968 U.S.Code Cong. and Adm.News, p. 4438.

§ 3506.

Determination of necessity for information; hearing Upon the request of a party having a substantial interest, or upon his own motion, the Director of the Bureau of the Budget may determine whether or not the collection of information by a Federal agency is necessary for the proper performance of the functions of the agency or for any other proper purpose. Before making a determination, he may give the agency and other interested persons an opportunity to be heard or to submit statements in writing. To the extent, if any, that the Director determines the collection of information by the agency is unnecessary, for any reason, the agency may not engage in the collection of the information.

Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1303.

Historical and Revision Notes

Reviser's Note. Based on 44 U.S.Code, 1964 ed., Supp. II, § 422(d) (Dec. 24, 1942, ch. 811, § 3(d), 56 Stat. 1078).

Legislative History. For legislative history and purpose of Pub. L. 90–620, see 1968 U.S.Code Cong. and Adm.News, p. 4438.

§ 3507.

Cooperation of agencies in making information available

For the purposes of this chapter, the Director of the Bureau of the Budget may require a Federal agency to make available to another Federal agency information obtained from any person after December 24, 1942, and all agencies are directed to cooperate to the fullest practicable extent at all times in making information available to other agencies.

This chapter does not apply to the obtaining or releasing of information by the Internal Revenue Service, the Comptroller of the Currency, the Bureau of the Public Debt, the Bureau of Accounts, and the Division of Foreign Funds Control of the Treasury Department, nor to the obtaining by a Federal bank supervisory agency of reports and information from banks as authorized by law and in the proper performance of the agency's functions in its supervisory capacity. Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1304.

[blocks in formation]

§ 3508.

Unlawful disclosure of information; penalties; release of information to other agencies

(a) If information obtained in confidence by a Federal agency is released by that agency to another Federal agency, all the provisions of law including penalties which relate to the unlawful disclosure of information apply to the officers and employees of the agency to which information is released to the same extent and in the same manner as the provisions apply to the officers and employees of the agency which originally obtained the information. The officers and employees of the agency to which the information is released, in addition, shall be subject to the same provisions of law, including penalties, relating to the unlawful disclosure of information as if the information had been collected directly by that agency.

(b) Information obtained by a Federal agency from a person under this chapter may be released to another Federal agency only(1) in the form of statistical totals or summaries; or

(2) if the information as supplied by persons to a Federal agency had not, at the time of collection, been declared by that agency or by a superior authority to be confidential; or

(3) when the persons supplying the information consent to the release of it to a second agency by the agency to which the information was originally supplied; or

(4) when the Federal agency to which another Federal agency releases the information has authority to collect the information itself and the authority is supported by legal provision for criminal penalties against persons failing to supply the information.

Pub.L. 90-620, Oct. 22, 1968, 82 Stat. 1304.

« PreviousContinue »