2. SERIAL NUMBERS TO BOUND VOLUMES OF CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 831, 77TH CONGRESS Senate Report 1651, 77th Congress, 10659. House Report 2658, 77th Congress, 10665. 3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 831, (None found.) December 24, 1942 (S. 1066) [Public Law 831] B. TEXT OF PUBLIC LAW 831, 77TH CONGRESS (FEDERAL REPORTS ACT OF 1942) AN ACT To coordinate Federal reporting services, to eliminate duplication and reduce the cost of such services, and to minimize the burdens of furnishing information to Federal agencies. Be it enacted by the Senate and House of Representatives of the Federal Reports Act United States America in Congress assembled, That this Act may be cited as the "Federal Reports Act of 1942". of 1942. Policy of Congress regarding information agencies. Investigations by Director of Bureau of Budget. SEC. 2. It is hereby declared to be the policy of the Congress that collected by Federal information which may be needed by the various Federal agencies should be obtained with a minimum burden upon business enterprises (especially small business enterprises) and other persons required to furnish such information, and at a mínimum cost to the Government, that all unnecessary duplication of efforts in obtaining such informa tion through the use of reports, questionnaires, and other such methods should be eliminated as rapidly as practicable; and that information collected and tabulated by any Federal agency should insofar as is expedient be tabulated in a manner to maximize the use fulness of the information to other Federal agencies and the public. SEC. 3. (a) With a view to carrying out the policy of this Act, the Director of the Bureau of the Budget (hereinafter referred to as the "Director") is directed from time to time (1) to investigate the needs of the various Federal agencies for information from business enterprises, from other persons, and from other Federal agencies; (2) to investigate the methods used by such agencies in obtaining such information; and (3) to coordinate as rapidly as possible the information-collecting services of all such agencies with a view to reducing the cost to the Government of obtaining such information and mini mizing the burden upon business enterprises and other persons, and utilizing, as far as practicable, the continuing organization, files of information and existing facilities of the established Federal depart ments and independent agencies. Coordination of services. Use of single collecting agency. Hearing. 14 Designation of agency. (b) If, after any such investigation, the Director 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 any other interested persons shall have an opportunity to present their views. After such hearing, the Director may issue an order designating a collect. ing agency to obtain such information for any two or more of the agencies concerned, and prescribing (with reference to the collection of such information) the duties and functions of the collecting agency so designated and the Federal agencies for which it is to act a agent. Any such order may be modified from time to time by the Director as circumstances raay require, but no such modification shall be made except after investigation and hearing as hereinbefore provided. (c) While any such order or modified order is in effect, no Federal agency covered by such order shall obtain for itself any information which it is the duty of the collecting agency designated by sh order to obtain. (d) Upon the request of any party having a substantial interest.or upon his own motion, the Director is authorized within his discretion to make a determination as to whether or not the collection of any infor mation by any Federal agency is necessary for the proper performan of the functions of such agency or for any other proper purp Before making any such determination, the Director may, within discretion, give to such agency and to other interested persons an ade quate opportunity to be heard or to submit statements in writing To the extent, if any, that the Director determines the collection of such information by such agency is unnecessary, either because it is not needed for the proper performance of the functions of such agency or because it can be obtained from another Federal agency or for any other reason, such agency shall not thereafter engage in the collection of such information. Cooperation of ageci in making infor Provisos. (a) For the purposes of this Act, the Director is authorized to require any Federal agency to make available to any other Federal agency any available, information which it has obtained from any person after the date of enactment of this Act, and all such agencies are directed to cooperate to the fullest practicable extent at all times in making such information available to other such agencies: Provided, That the provisions of this Act shall not apply to the obtaining or releasing of information by the Bureau of Internal Revenue, 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: Provided further, That the provisions of this Act shall not apply to the obtaining by any Federal bank supervisory agency of reports and information from banks as provided or authorized by law and in the proper performance of such agency's functions in its supervisory capacity. SEC. 4. (a) In the event that any information obtained in confidence by a Federal agency is released by that agency to another deral agency, all the provisions of law (including penalties) which relate to the unlawful disclosure of any such information shall apply to the officers and employees of the agency to which such information is released to the same extent and in the same manner as such provisions apply to the officers and employees of the agency which originally obtained such information; and the officers and employees of the agency to which the information is released shall in addition be subject to the same provisions of law (including penalties) relating to the unlawful disclosure of such information as if the information had been collected directly by such agency. (b) Information obtained by a Federal agency from any person or persons may, pursuant to this Act, be released to any other Federal agency only if (1) the information shall be released in the form of statistical totals or summaries; or (2) the information as supplied by persons to a Federal agency shall not, at the time of collection, have been declared by that agency or by any superior authority to be confidential; or (3) the persons supplying the information shall consent to the release of it to a second agency by the agency to which the information was originally supplied; or (4) the Federal agency to which another Federal agency shall release the information has authority to collect the information itself and such authority is supported by legal provision for criminal penalties against persons failing to supply such information. SEC. 5. No Federal agency shall conduct or sponsor the collection of information, upon identical items, from ten to more persons (other than Federal employees considered as such) unless, in advance of adoption or revision of any plans or forms to be used in such collection, (a) The agency shall have submitted to the Director such plans or forms, together with copies of such pertinent regulations and other related materials as the Director shall specify; and (b) The Director shall have stated that he does not disapprove the proposed collection of information. SEC. 6. The Director is authorized to make such rules and regulations as may be necessary to carry out the provisions of this Act. SEC. 7. As used in this Act (a) The term "Federal agency" means any executive department, commission, independent establishment, corporation owned or controlled by the United States, board, bureau, division, service, office, Bank reports. Unlawful disclosure of information. Conditions for release to other agencies. Prerequisites to collection of information. Rules and regula tions. "Federal agency." authority, or administration in the executive branch of the Government; but such terms shall not include the General Accounting Office nor the governments of the District of Columbia and of the Terri tories and possessions of the United States, and the various subdivisions of such governments. (b) The term "person" means any individual, partnership, associa tion, corporation, business trust, or legal representative, any organized group of persons, any State or Territorial government or branch thereof, or any political subdivision of any State or Territory or any branch of any such political subdivision. (c) The term "information" means facts obtained or solicited by the use of written report forms, application forms, schedules, questionnaires, or other similar methods calling either (1) for answers to identical questions from ten or more persons other then agencies, instrumentalities, or employees of the United States or (2) 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. SEC. 8. Any person failing to furnish information required by any such agency shall be subject to such penalties as are specifically prescribed by law, and no other penalty shall be imposed either by way of fine or imprisonment or by the withdrawal or denial of any right, privilege, priority, allotment, or immunity, except when the right, privilege, priority, allotment, or immunity, is legally conditioned on facts which would be revealed by the information requested. SEO. 9. There are hereby authorized to be appropriated annually, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this Act. Approved, December 24, 1942. B. To Discontinue Certain Reports Now Required by Law (68 Stat. 966) This act was the result of the enactment of H.R. 6290, 83d Congress. It was approved on August 30, 1954, as Public Law 706, 83d Congress. The text of the act appears in volume 68, Statutes at Large, pages 966-968. Its provisions amend various provisions of various titles of the United States Code. A. LEGISLATIVE HISTORY OF PUBLIC LAW 706, 83D CONGRESS 1. CONGRESSIONAL RECORD REFERENCES TO DEBATES, ETC. (Page citations are to vol. 99, Congressional Record) H.R. 6290: To discontinue certain reports now required by law. Mr. Harden; Committee on Government Operations, 8833. (Page citations are to vol. 100, Congressional Record) Reported with amendment (H. Rept. 1193), 1521. Amended and passed House, 5511. Referred to Senate Committee on Government Operations, 5543. Reported with amendments (S. Rept. 1968), 11150. Objected to, 14017. Amended and passed Senate, 14269. House concurs in Senate amendment, 14875. Examined and signed, 15361, 15556. Presented to the President, 15558. Approved (Public Law 706), 15563. 2. SERIAL NUMBERS OF BOUND VOLUMES OF CONGRESSIONAL REPORTS RELATING TO PUBLIC LAW 706, 83D CONGRESS Senate Report 1968, 83d Congress, 11731. 3. CONGRESSIONAL HEARINGS RELATING TO PUBLIC LAW 706, 83D (None found.) CONGRESS |