Page images
PDF
EPUB

expects to remain in the United States; (4) the police and criminal record, if any, of such alien; and (5) such additional matters as may be prescribed.

* * (June 27, 1952, ch. 477, title II, ch. 7, § 264, 66 Stat. 224.) 13 U.S.C., 86. Requests to other departments and officers for in

formation, acquisition of reports from governmental and other sources.

(b) The Secretary [of Commerce] may acquire by purchase or otherwise from States, counties, cities, or other units of government, or their instrumentalities, or from private persons and agencies such copies of records, reports, and other material as may be required for the efficient and economical conduct of the censuses and surveys provided for in this title. (Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Aug. 28, 1957, Pub. L. 85–207, § 3, 71 Stat. 481.) 13 U.S.C., 101. Defective, dependent, and delinquent classes;

crime. (a) The Secretary [of Commerce) may collect decennially statistics relating

(1) to the defective, dependent, and delinquent classes; and (2) to crime, including judicial statistics pertaining thereto.

(c) In addition to the decennial collections authorized by subsections (a) and (b) of this section, the Secretary may compile and publish anually statistics relating to crime and the defective, dependent, and delinquent classes. (Aug. 31, 1954, ch. 1158, 68 Stat. 1018.)

15 U.S.C., § 79t. Rules, regulations, and orders.

*

(d) Filing information or documents by reference. The [Securities and Exchange] Commission *

may authorize the filing of any information or documents required to be filed with the Commission under this chapter, or under the Securities Act of 1933 as amended or under the Securities and Exchange Act of 1934, by incorporating by reference any information or documents theretofore or concurrently filed with the Commission under this chapter or either of such acts. (Aug. 26, 1935, ch. 687, title I, § 20, 49 Stat. 833.) 15 U.S.C., $ 178. Collection of statistics of foreign and interstate

commerce and transportation. It shall be the duty of the officer in charge of the Bureau of Foreign and Domestic Commerce to gather and collate statistics and facts relating to commerce with foreign nations and among the several States, the railroad systems of this and other countries *** (Mar. 3, 1875, ch. 129, § 1, 18 Stat. 352; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Aug. 23, 1912, ch. 350, § 1, 37 Stat. 407; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; May 29, 1928, ch. 901, $ 1(105), 45 Stat. 994.)

15 U.S.C., § 1152. Clearinghouse for technical information: re

moval of security classification. The Secretary of Commerce (hereinafter referred to as the “Secretary') is directed to establish and maintain within the Department of Commerce a clearinghouse for the collection and dissemination of scientific, technical, and engineering information, and to this end to take such steps as he may deem necessary and desirable

(a) To search for, collect, classify, coordinate, integrate, record, and catalog such information from whatever sources, foreign and domestic, that may be available;

(b) To make such information available to industry and business, to State and local governments, to other agencies of the Federal Government, and to the general public, through the preparation of abstracts, digests, translations, bibliographies, indexes, and microfilm and other reproductions, for distribution either directly or by utilization of business, trade, technical, and scientific publications and services;

(c) To effect, within the limits of his authority as now or hereafter defined by law, and with the consent of competent authority, the removal of restrictions on the dissemination of scientific and technical data in cases where consideration of national security permit the release of such data for the benefit of

industry and business. (Sept. 9, 1950, ch. 936, § 2, 64 Stat. 823.) 21 U.S.C., $ 199. Information concerning violations of narcotic

laws; payments by Commissioner of Narcotics. The Commissioner of Narcotics is authorized and empowered to pay to any person, from funds now or hereafter appropriated for the enforcement of the narcotic laws of the United States, for information concerning a violation of any narcotic law of the United States, resulting in a seizure of contraband narcotics, such sum or sums of money as he may deem appropriate, without reference to any moieties or rewards to which such person may otherwise be entitled by law: *** (July 3, 1930, ch. 829, 46 Stat. 850.)

(See transfer of functions notation following 5 U.S.C., $ 282, on p. 1.) 22 U.S.C., § 1462. Policies governing information activities.

In authorizing international information activities under this chapter, it is the sense of the Congress (1) that the Secretary [of State) shall reduce such Government information activities whenever corresponding private information dissemination is found to be adequate; (2) that nothing in this chapter shall be construed to give the Department a monopoly in the production or sponsorship on the air of short-wave broadcasting programs, or a monopoly in any other medium of information. (Jan. 27, 1948, ch. 36, title v, $ 502, 62 Stat. 10.)

TRANSFER OF FUNCTIONS The functions vested in the Secretary of State by this section together with so much of the functions as is incidental to or necessary for the performance of such functions were transferred to the Director of the United States Information Agency by 1953 Reorg. Plan No. 8 eff. Aug. 1, 1953, 18 F. R. 4542.

29 U.S.C., § 2a. Statistical reports; collection through local

agents; piece-price basis. The Commissioner of Labor [Statistics] is authorized to collect statistical reports through local special agents paid on piece-price basis. (Feb. 24, 1927, ch. 189, title IV, 44 Stat. 1222.)

(See transfer of functions notation following 29 U.S.C., $ 205, on p. 131.) 33 U.S.C., § 466c. Research, investigations, training, and informa

tion.

(c) Collection and dissemination of basic data on chemical, phys

ical, and biological water quality. The Surgeon General shall, in cooperation with other Federal, State and local agencies having

related responsibilities, collect and disseminate basic data on chemical, physical, and biological water quality and other information insofar as such data or other information relate to water pollution and the prevention and control thereof. (June 30, 1948, ch. 758, $ 4, 62 Stat. 1158; July 9, 1956, ch. 518, $ 1, 70 Stat. 499.)

33 U.S.C., & 680. Examination of mines; reports.

Said (California Debris] commission, or a committee therefrom, or officers of said corps [Engineers] assigned to duty under its orders, shall, whenever deemed necessary, visit said territory and all mines operating under the provisions of sections 661-685 of this title. A report of such examination shall be placed on file. (Mar. 1, 1893, ch. 183, § 20, 27 Stat. 510.)

38 U.S.C., 8 2011. Assignment of veterans' employment representa

tive [to state public employment service]. (For text see p. 144.)

39 U.S.C., $ 428. Recording and preserving bids; unaccepted bids;

reports as to movement of mails. The Postmaster General shall have recorded, in a book to be kept for that purpose, a true and faithful abstract of all proposals made to him for carrying the mail, giving the name of the party offering, the terms of the offer, the sum to be paid, and the time the contract is to continue; and he shall put on file and preserve the originals of all such proposals until disposed of as provided by law. The reports of the arrivals and departures of the mails on mail routes made and sent by postmasters to the Post Office Department, on which no fines or deductions from the pay of contractors for carrying the mails have been based, and the certificates taken by carriers on mail routes may be disposed of as provided by law when no longer needed in conducting current business. (R.S. $ 3948; June 13, 1898 ch. 446, 82, 30 Stat. 444; Oct. 25, 1951, ch. 562, 8 3(2), 65 Stat. 639; June 28, 1952, ch. 485, $ 1(3), 66 Stat. 286.)

42 U.S.C., 8 244a. Birth and death statistics; annual collection;

compensation for transcription. There shall be a collection of the statistics of the births and deaths in registration areas annually, the data for which shall be obtained only from and restricted to such registration records of such States and municipalities as in the discretion of the Secretary of Health, Education, and Welfare possess records affording satisfactory date in necessary detail, the compensation for the transcription of which shall not exceed 4 cents for each birth or death reported; or a minimum compensation of $25 may be allowed in the discretion of the Secretary of Health, Education, and Welfare, in States or cities registering less than five hundred deaths or five hundred births during the preceding year. (July 1, 1944, ch. 373, title III, § 312a, as added Aug. 31, 1954, ch. 1158, § 2, 68 Stat. 1025.)

43 U.S.C., § 412. Prerequisites to initiation of project or division

of project. After December 5, 1924, no new project or new division of a project shall be approved for construction or estimates submitted therefor by the Secretary [of Interior) until information in detail shall be secured by him concerning the water supply, the engineering features, the cost of construction, land prices, and the probable cost of development, and he shall have made a finding in writing that it is feasible, that it is adaptable for actual settlement and farm homes, and that it will probably return the cost thereof to the United States. (Dec. 5, 1924, ch. 4,8 4, subsec. B, 43 Stat. 702.)

III. STATUTES AFFECTING PUBLIC INFORMATION

A. DISCLOSURE DISCRETIONARY

5 U.S.C., § 1105a. Same; report to Congress [by Civil Service Com

mission, etc., of information on supergrade employees). (For text see p. 3.) 15 U.S.C., $ 797-3. Penalties.

Any person who willfully violates any provision of this chapter [Public Utility Holding Company Act] or any rule, regulation or order thereunder *

or any person who willfully makes any statement or entry in any application, report, document, account, or record filed or kept or required to be filed or kept under the provisions of this chapter or any rule, regulation, or order thereunder, knowing such statement or entry to be false or misleading in any material respect, or any person who willfully destroys (except after such time as may be prescribed under any rules or regulations under this chapter), mutilates, alters, or by any means for device falsifies any account, correspondence, memorandum, book, paper, or other record kept or required to be kept under the provisions of this chapter or any rule, regulation, or order thereunder, shall upon conviction be fined not more than $10,000 or imprisoned not more than two years, or both, except that in the case of a violation of a provision of subsection (a) or (b) of section 79d of this title by a holding company which is not an individual, the fine imposed upon such holding company shall be a fine not exceeding $200,000; but no person shall be convicted under this section for the violation of any rule, regulation, or order if he proves that he had no knowledge of such rule, regulation, or order. (Aug. 26, 1935, ch. 687, title I, $ 29,49 Stat. 836.)

(See transfer of functions notation following 15 U.S.C., $ 78w, on p. 13.) 7 U.S.C., § 12. Investigations and reports by Secretary.

*** in order to provide information for the use of Congress, the Secretary of Agriculture *** may publish from time to time, in his discretion, the result of such investigation and such statistical information gathered therefrom as he may deem of interest to the public, except data and information which would separately disclose the business transactions of any person and trade secrets or names of customers: Provided, That nothing in this section shall be construed to prohibit the Secretary of Agriculture from making or issuing such reports as he may deem necessary relative to the conduct of any board of trade or of the transactions of any person found guilty of violating the provisions of this chapter under the proceedings prescribed in sections 8, 9 and 15 of this title: Provided further, That the Secretary of Agriculture in any report may include the facts as to any actual transaction. * * *

*** (Sept. 21, 1922, ch. 369, § 8, 42 Stat. 1003; June 15, 1936, ch.545, $ 2,49 Stat. 1491.)

203

47507-60

-14

« PreviousContinue »