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or other report required under this section to be filed, or in the accounts of any book of accounts or in any records or memoranda kept by a carrier, or required under this section to be kept by a lessor
other person, or who shall knowingly and willfully destroy, mutilate, alter, or by any other means or device falsify the record of any such accounts, records, or memoranda, or who shall knowingly and willfully neglect or fail to make full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of the carrier, lessor, or person, or shall knowingly and willfully keep any accounts, records, or memoranda contrary to the rules, regulations, or orders of the Commission with respect thereto, or shall knowingly or willfully file with the Commission any false report or other document, shall be deemed guilty of a misdemeanor and shall be subject, upon conviction in any court of the United States of competent jurisdiction to a fine of not more than five thousand dollars or imprisonment for not more than two years, or both such fine and imprisonment: Provided, That the Commission may in its discretion issue orders specifying such operating, accounting, or financial papers, records, books, blanks, tickets, stubs, correspondence, or documents of such carriers, lessors, or other persons as may, after a reasonable time, be destroyed, and prescribing the length of time the same shall be preserved.
(c) Any carrier or lessor, or person furnishing cars or protective service, or any officer, agent, employee, or representative thereof, who shall fail to make and file an annual or other report with the Commission within the time fixed by the Commission, or to make specific and full, true, and correct answer to any question within thirty days from the time it is lawfully required by the Commission so to do, shall forfeit to the United States the sum of one hundred dollars for each and every day it shall continue to be in default with respect thereto.
(d) In case of failure or refusal on the part of any carrier or lessor to accord to the Commission or its duly authorized special agents, accountants, or examiners, access to, and opportunity for the inspection and examination of, any lands, buildings, or equipment of said carrier or lessor, as provided in this section, such carrier or lessor shall forfeit to the United States the sum of one hundred dollars for each day during which such failure or refusal continues.
(e) All forfeitures authorized in this paragraph shall be recovered in the manner provided for the recovery of forfeitures under the provisions of this chapter.
(f) Any special agent, accountant, or examiner who knowingly and willfully divulges any fact or information which may come to his knowledge during the course of any examination or inspection made runder authority of this section, except insofar as he may be directed by the Commission or by a court or judge thereof, shall be guilty of a misdemeanor and shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine or not more than $500 or imprisonment for not exceeding six months, or both.
*** (Feb. 4, 1887, ch. 104, pt. I, § 20, 24 Stat. 386; June 29, 1906, ch. 3591, § 7, 34 Stat. 593; Feb. 25, 1909, ch. 193, 35 Stat. 649, June 18, 1910, ch. 309, $ 14, 36 Stat. 555; Mar. 4, 1915, ch. 176, § 1, 38 Stat. 1196; Aug. 9, 1916, ch. 301, 39 Stat. 441; Feb. 28, 1920, ch. 91, 88 434
438, 41 Stat. 493, 494; July 3, 1926, ch. 761, 44 Stat. 835; Mar. 4, 1927, ch. 510, $ 3, 44 Stat. 1448; Apr. 23, 1930, ch. 208, 46 Stat. 251; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, title I, § 13, 54 Stat. 916; June 3, 1948, ch. 386, 62 Stat. 295; Aug. 2, 1949, ch. 379, $87-9,63 Stat. 486.)
49 U.S.C., § 320. Accounts, records, and reports [to Interstate
contracts; publication of information.
(b) The [Interstate Commerce] Commission may also require any such carrier to file with it a true copy of any contract, charter, or agreement between such carrier and any other carrier or person in relation to transportation facilities, service, or traffic affected by the provisions of this chapter. The Commission shall not, however, make public any contract, charter, or agreement between a contract carrier by water and a shipper, or any of the terms or conditions thereof, except as a part of the record in a formal proceeding where it considers such action consistent with the public interest: Provided, That if it appears from an examination of any such contract that it fails to conform to the published schedule of the contract carrier by water as required by section 906(e) of this title, the Commission may, in its discretion, make public such of the provisions of the contract as the Commission considers to disclose such failure and the extent thereof.
* * * (Feb. 4, 1887, ch. 104, pt. III, § 313, as added Sept. 18, 1940, ch. 722, title II, $ 201, 54 Stat. 944, and amended Aug. 2, 1949, ch. 379, 88 16-18,63 Stat. 488.)
50 U.S.C. Appendix, § 1152. Contracts for acquisition, construction
and repair of naval vessels, aircraft, and equipment therefor.
(a) (4) Attendance of witnesses; production of evidence; fees;
privilege of witnesses; disclosure of information. * * * The President shall not publish or disclose any information obtained under this paragraph which the President deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information, unless the President determines that the withholding thereof is contrary to the interest of the national defense and security; and anyone violating this provision shall be guilty of a felony and upon conviction thereof shall be fined not exceeding $1,000, or be imprisoned not exceeding two years, or both. (a) (5) Penalties for violation.
Any person who willfully performs any act prohibited, or willfully fails to perform any act required by, any provision of this subsection or any rule, regulation, or order thereunder, whether heretofore or
hereafter issued, shall be guilty of a misdemeanor, and shall, upon conviction, be fined not more than $10,000 or imprisoned for not more than one year, or both. (June 28, 1940, ch. 440, title I, § 2, 54 Stat. 676; Sept. 9, 1940, 9 a. m., È.S.T., ch. 717, title II, $ 201, 54 Stat. 875; May 31, 1941, ch. 157, 55 Stat. 236; Mar. 27, 1942, 3 p. m., ch. 199, title III, § 301, 56 Stat. 177; Dec. 20, 1944, ch. 614, 58 Stat. 827; Proc. No. 2695, July 4, 1946, 11 F.R. 7817, 60 Stat. 1352; Aug. 7, 1946, ch. 770, $ í (26, 31), 60 Stat. 868.)
B. DISCLOSURE REQUIRED 5 U.S.C., § 22. Departmental regulations; withholding of informa
tion from public not authorized. The head of each department is authorized to prescribe regulations * * * for * * * the custody, use, and preservation of the records, papers, and property appertaining to it. This section does not author ize withholding information from the public or limiting the availability of records to the public. (R.S. § 161; Aug. 12, 1958, Pub. L. 85–619, 72 Stat. 547.)
5 U.S.C., § 139f. Penalty for failure to furnish information.
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. (Dec. 24, 1942, ch. 811, § 8, 56 Stat. 1080.)
5 U.S.C., $ 1002. Publication of information, rules, opinions, orders
and public records. Except to the extent that there is involved (1) any function of the United States requiring secrecy in the public interest or (2) any matter relating solely to the internal management of an agency
(a) Every agency shall separately state and currently publish in the Federal Register (1) descriptions of its central and field organization including delegations by the agency of final authority and the established places at which, the methods whereby, the public may secure information or make submittals or requests; (2) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal or informal procedures available as well as forms and instructions as to the scope and contents of all papers, reports, or examinations, and (3) substantive rules adopted as authorized by law and statements of general policy or interpretations formulated and adopted by the agency for the guidance of the public, but not rules addressed to and served upon named persons in accordance with law. No person shall in any manner be required to resort to organization or procedure not so published.
(b) Every agency shall publish or, in accordance with published rule, make available to public inspection all final opinions or orders in the adjudication of cases (except those required for good cause to be held confidential and not cited as precedents) and all rules.
(c) Save as otherwise required by statute, matters of official record shall in accordance with published rule be made available to persons properly and directly concerned except information held confidential for good cause found. (June 11, 1946, ch. 324, $ 3, 60 Stat. 238.)
(d) Notice of denial of application or petition.
Prompt notice shall be given of the denial in whole or in part of any written application, petition, or other request of any interested person made in connection with any agency proceeding. Except in affirming a prior denial or where the denial is self-explanatory, such notice shall be accompanied by a simple statement of procedural or other grounds. (June 11, 1946, ch. 324, $ 6, 60 Stat. 240.) 7 U.S.C., & 12. Investigations and reports by Secretary.
*** He [the Secretary of Agriculture] shall likewise compile and furnish to producers, consumers, and distributors, by means of regular or special reports, or by such methods as he may deem most effective, information respecting the commodity markets, together with infor mation on supply, demand, prices, and other conditions in this and other countries that affect the markets. (Sept. 21, 1922, ch. 369, § 8, 42 Stat. 1003; June 15, 1936, ch. 545, $ 2,49 Stat. 1491.) 7 U.S.C., § 12–1. Disclosure of names of traders on the commodity
markets by Secretary of Agriculture. (For text see p. 204.)
7 U.S.C., 8 83. Semiannual reports by Secretary.
The Secretary of Agriculture, on each first Tuesday in January and each first Tuesday in July of each year shall make publication of a summary of such facts as are ascertained (re grain), showing in as great detail as possible all the facts *** (Aug 11, 1916, ch. 313, pt. B, $ 7,39 Stat. 284.) 7 U.S.C., § 471. Statistics and estimates of grades and staple
length of cotton; collection and publication. The Secretary of Agriculture is * * * directed to collect and publish annually, * * * statistics or estimates concerning the grades and staple length of stocks of cotton, known as the carry-over, on hand on the 1st of August of each year in warehouses and other establishments of every character in the continental United States; and following such publication each year, to publish, at intervals in his discretion, his estimate of the grades and staple length of cotton of the then current crop: Provided, That not less than three such estimates shall be published with respect to each crop. In any such statistics or estimates published, the cotton which on the date for which such statistics are published may be recognized as tenderable on contracts of sale of cotton for future delivery under the United States Cotton Futures Act, shall be stated separately from that which may be untenderable under said act. (Mar. 3, 1927, ch 337, § 1, 44 Stat. 1372.) 7 U.S.C., $ 473b. Market supply, demand, condition and process;
collection and publication of information. The Secretary of Agriculture is * * * directed to collect, authenticate, publish, and distribute, by telegraph, radio, mail or otherwise, timely information on the market supply, demand, location condition, and market prices for cotton, and to cause to be prepared regularly and distributed for posting at gins, in post offices, or in other public or conspicuous places in cotton-growing communities, information on prices for the various grades and staple lengths of cotton. (Mar. 3, 1927, ch. 337, § 3b, as added Apr. 13, 1937, ch. 75, 50 Stat. 62.) 7 U.S.C., § 475. Cotton crop reports.
The Secretary of Agriculture shall cause to be issued as of the first of each month during the cotton growing and harvesting season reports describing the condition and progress of the crop and stating the probable number of bales which will be ginned, these reports to be issued simultaneously with the cotton-ginning reports of the Bureau of the Census relating to the same dates, the two reports to be issued from the same place at 11 o'clock antemeridian of the eighth day following that to which the respective reports relate. *** No such report shall be approved and released by the Secretary of Agriculture until it shall have been passed upon by a cotton-crop reporting committee or board *** (May 3, 1924, ch. 149, § 1, 43 Stat. 115; Mar 3, 1927, ch. 337, § 5, 44 Stat. 1373; Aug. 8, 1946, ch. 909, 60 Stat. 940; May 29, 1958, Pub. L. 85-430, § 2, 72 Stat. 149.) 7 U.S.C., § 476. Acreage reports.
The Secretary of Agriculture shall cause to be issued a report on or before the 10th day of July of each year showing by States and in toto the estimated acreage of cotton planted, to be followed on August 1 with an estimate of the acreage for harvest and on December 1 with an estimate of the harvested acreage. (May 27, 1912, ch. 135, § 1, 37 Stat. 118; Mar. 3, 1927, ch. 337, § 6, 44 Stat. 1374; May 29, 1958, Pub. L. 85-430, $ 1,72 Stat. 149.)
7 U.S.C., $ 501. Collection and publication; facts required; de
teriorated tobacco. The Secretary of Agriculture is * * * directed to collect and publish statistics of the quantity of leaf tobacco in all forms in the United States and Puerto Rico, owned by or in the possession of * *
* [middlemen] other than the original growers of tobacco * * * and an annual report on tobacco statistics shall be issued *** (Jan. 14, 1929, ch. 69, $ 1,45 Stat. 1079; May 17, 1932, ch. 190, 47 Stat. 158; July 14, 1932, ch. 480, § 1, 47 Stat. 662; Aug. 27, 1935, ch. 749, § 1, 49 Stat. 893.)