Page images



Senate Report 1651, 77th Congress, 10659.
House Report 2658, 77th Congress, 10665.


77TH CONGRESS (None found.)



of 1942.

firarding information

Director of Bureau of

[ocr errors]

AN ACT December 24, 1042

(S. 1000) To coordinate Federal reporting services, to eliminate duplication and reduce tho (Public Law 831) cost of such services, and to minimize the burdens of furnishing information to

Federal agencics.

Be it enacter? by the Senate and House of Representatives of the Poderal Reports Act United States - - America in Congress assembled, That this Act may

be cited as the "Federal Reports Act of 1942”. Policy of Congress

Sec. 2. It is hereby declared to be the policy of the Congress that clicctod by Poderal information which may be needed by the various Federal agencies

should be oviined with a minimum burden upon business enterprises (especially small business enterprises) and other persons required 10 furnish such information, and at a minimum cost to the Government, that all unnecessary duplication of efforts in obtaining such inform:1. 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 shouli insofar as is expedient be tabulated in a manner to maximize the use.

fulness of the information to other Federal agencies and the public. Investigations by

Sec. 3. (a) With a view to carrying out the policy of this Act, the Budget.

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 enter. prises, from other persons, and from other Federal agencies; (:)

to investigate the methods used by such agencies in obtaining such Ooordination of

information; and (3) to coordinate as rapidly as possible the informa. tion-collecting services of all such agencies with a view to reducing the cost to the Government of obtaining such information and minda mizing the burden upon business enterprises and other persons an! utilizing, as far as practicable, the continuing organization, files of information and existing facilities of the established Federal clepuri.

ments and independent agencies. Use of single collect

(b) If, after any such investigation, the Director is of the opinion Hearing

that the needs of two or more Federal agencies for inform:ution 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 Designation of

persons shall have an opportunity to present their views. Alles such hearing, the Director may issue an order designating a collore. ing agency to obtain such information for any two or more of ilin agencies concerned, and prescribing (with reference to the collection of such information) the duties and functions of the collecting alors so designated and the Federal agencies for which it is to ace : * agent. Any such order may be modified from time to time by 1.0. Director as circumstances may require, but no such modificaties shall be made except after investigation and hearing as hercinbefura

provided. plication.

(c) While any such order or modified order is in effect, no Federal agency covered by such order shall obtain for itself any informatie, which it is the duty of the collecting agency designated by w order to obtain.

(d) Upon the request of any party having a substantial inter:.15 upon his own motion, the Director is authorized within his discrizines : make a determination as to whether or not the collection of any iiif.,. mation by any Federal agency is necessary for the proper perfor:11!! of the functions of such agency or for any other proper ?!?!?! Before making any such determination, the Director may, within discretion, give to such agency and to other interested persons an :: quate opportunity to be heard or to submit statements in To the extent, if any, that the Director determines the colleci... rod

log agoncy.


Elimination of do

Determination of Decongity.

cic. in making inlar


Bank reports

of Information.

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.
(o) For tho purposos of this Act, the Director is authorized to require any l'ederal agency to make available to any other Federal agency any ... 'n ar aiable. information which it has obtained from any person after the date of cnactment of this Act, and all such agencies are directed to cooperate to the fullest practicable extent at all times in mnking such information availablo to other such agencies: Providol, That the provisions of this

Exemptions Act shall not apply to the obtaining or revzing 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 l'orcign Funds Control of the Treasury Department: Proviled further, that the provisions of this Act shall not apply to the obtaining by any Federal bank supervisory agency of reports and information from butiks 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 con

Unlawful disclosun fidence by a Federal agency is released by that agency to another ieral agency, all the provisions of law (including penalties) which reite 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 10 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 statod 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,

Oonditions for me lease to other agancia.

Prerequisites to add loction of information

Rules and regule


"Federal agency."

authority, or administration in the executive branch of the Government; but such terms shall not include the General Accounting Ollive nor the governments of the District of Columbia and of the Terri. tories and possessions of the United States, ind the various sube divisions of such governments.

(b) The term “person" means any individual, partnership, associate tion, corporation, business trust, or legal representative, any organe ized 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) Tho terın “informntion" menns fncts olitnincd or anlicited 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 proscribed 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 thio 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.



(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.



Senate Report 1968, 83d Congress, 11731.
House Report 1193, 83d Congress, 11737.


CONGRESS (None found.)

« PreviousContinue »