-CITE-
    13 USC TITLE 13 - CENSUS                                    01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    
-HEAD-    
                             TITLE 13 - CENSUS                         


-MISC1-
      THIS TITLE WAS ENACTED BY ACT AUG. 31, 1954, CH. 1158, 68 STAT.
                                   1012

                                                                
    Chap.                                                            Sec.
    1.      Administration                                             1
    3.      Collection and Publication of Statistics                  41
    5.      Censuses                                                 131
    7.      Offenses and Penalties                                   211
    9.      Collection and Publication of Foreign Trade
             Statistics (!1)                                         301
    10.     Exchange of census (!2) information (!2)                 401  



       TABLE SHOWING DISPOSITION OF ALL SECTIONS OF FORMER TITLE 13   
    --------------------------------------------------------------------
                Title 13                            Title 13            
            Former Sections                       New Sections          
    --------------------------------------------------------------------
    1                                  2                                
    2                                  21                               
    3, 4                               Rep.                             
    5                                  22                               
    6                                  22                               
    7-9                                Rep.                             
    21-41                              Rep.                             
    41a                                Rep.                             
    42-55                              Rep.                             
    61-69                              Rep.                             
    71                                 41                               
    72                                 42                               
    72a                                42                               
    73                                 9, 214                           
    74                                 43, 224, 241                     
    75                                 44                               
    76                                 45                               
    77                                 Rep.                             
    81                                 61                               
    82                                 5                                
    83                                 9, 214                           
    84                                 224, 241                         
    85                                 62                               
    86                                 63                               
    91-98                              Rep.                             
    101                                T. 42 Sec. 244a                  
    106                                Rep.                             
    106 note                           Rep.                             
    107                                Rep.                             
    111                                5, 24, 101, 102, 103, 225        
    112                                Rep.                             
    113                                101                              
    114                                Rep.                             
    121                                131, 181                         
    122                                6, 9, 24, 25, 211, 212, 213,     
                                        214, 221, 222, 223, 224, 225    
    123                                5, 132                           
    201                                141                              
    202                                143                              
    203                                23, 24                           
    204                                5, 144                           
    205                                25                               
    206                                145                              
    207                                211                              
    208                                9, 212, 213                      
    209                                221, 222, 223                    
    210                                224                              
    211                                9                                
    212                                Rep.                             
    213                                7                                
    214                                10                               
    215                                6                                
    216                                5, 23, 146                       
    217                                Rep.                             
    218                                8                                
    219, 220                           Rep.                             
    251                                5, 161, 163                      
    252                                6, 9, 24, 162, 211, 212, 213, 214
    253                                Rep.                             
    --------------------------------------------------------------------


                                AMENDMENTS                            
      1990 - Pub. L. 101-533, Sec. 5(b)(1), Nov. 7, 1990, 104 Stat.
    2348, added item for chapter 10.
      1962 - Pub. L. 87-826, Sec. 1, Oct. 15, 1962, 76 Stat. 951, added
    item for chapter 9.

                          POSITIVE LAW; CITATION                      
      This title has been made positive law by section 1 of act Aug.
    31, 1954, ch. 1158, 68 Stat. 1012, which provided in part "That
    title 13 of the United States Code, entitled 'Census' is revised,
    codified and enacted into law and may be cited as 'Title 13, United
    States Code, section - '."

                        REFERENCES TO CENSUS OFFICE                    
      Section 3 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024, provided
    that: "Whenever reference is made in any other law or in any
    regulation or order to the Census Office, such reference shall be
    held and considered to mean the Bureau of the Census referred to in
    section 2 of Title 13, United States Code, as set out in section 1
    of this Act. This section shall not be construed as affecting
    historical references to the Census Office which could have no
    present or future application to the Bureau of the Census."

                               SEPARABILITY                           
      Section 4 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024, provided
    that: "If any part of Title 13, United States Code, as set in
    section 1 of this Act, is held invalid, the remainder of such title
    shall not be affected thereby."

                         LEGISLATIVE CONSTRUCTION                     
      Section 5 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024, provided
    that: "No inference of a legislative construction is to be drawn by
    reason of the chapter in Title 13, United States Code, as set out
    in section 1 of this Act, in which any section is placed, nor by
    reason of the captions or catchlines used in such title."

                              EFFECTIVE DATE                          
      Section 6 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024, provided
    that: "The provisions of this Act shall take effect on January 1,
    1955."

                                  REPEALS                              
      Section 7 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024, provided
    that: "The sections of the Acts, and the Acts or parts of Acts,
    enumerated in the following schedule, are hereby repealed. Any
    rights or liabilities now existing under such statutes or parts
    thereof, and any proceedings instituted under, or growing out of,
    any of such statutes or parts thereof, shall not be affected by
    this repeal."

-FOOTNOTE-
    (!1) So in original. Does not conform to chapter heading.

    (!2) So in original. Probably should be capitalized.


-End-


-CITE-
    13 USC CHAPTER 1 - ADMINISTRATION                           01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION

-HEAD-
                        CHAPTER 1 - ADMINISTRATION                    


-MISC1-
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    1.          Definitions.                                          
    2.          Bureau of the Census.                                 
    3.          Seal.                                                 
    4.          Functions of Secretary; regulations; delegation.      
    5.          Questionnaires; number, form, and scope of inquiries. 
    6.          Information from other Federal departments and
                 agencies; acquisition of reports from other
                 governmental and private sources.                    
    7.          Printing; requisitions upon Public Printer;
                 publication of bulletins and reports.                
    8.          Authenticated transcripts or copies of certain
                 returns; other data; restriction on use; disposition
                 of fees received.                                    
    9.          Information as confidential; exception.               
    10.(!1)     Mail matter.                                           
    11.         Authorization of appropriations.                      
    12.         Mechanical and electronic development.                
    13.         Procurement of professional services.                 
    [14.        Repealed.]                                            
    15.         Leases for 1980 decennial census.                     
    16.         Address information reviewed by local governments.(!2) 

                  SUBCHAPTER II - OFFICERS AND EMPLOYEES              
    21.         Director of the Census; duties.                       
    22.         Qualifications of permanent personnel.                
    23.         Additional officers and employees.                    
    24.         Special agents, supervisors, supervisors' clerks,
                 enumerators, and interpreters; compensation;
                 details.(!3)                                          
    25.         Duties of supervisors, enumerators, and other
                 employees.                                           
    26.         Transportation by contract.                           

                                AMENDMENTS                            
      1994 - Pub. L. 103-430, Sec. 2(d), Oct. 31, 1994, 108 Stat. 4394,
    added item 16.
      1979 - Pub. L. 96-52, Sec. 1(b), Aug. 13, 1979, 93 Stat. 358,
    added item 15.
      1976 - Pub. L. 94-521, Secs. 3(b), 4(b), 5(b), 6(b), Oct. 17,
    1976, 90 Stat. 2459-2461, inserted reference to "regulations" in
    item 4, substituted "Questionnaires" for "Schedules" in item 5,
    substituted "Information from other Federal departments and
    agencies; acquisition of reports from other governmental and
    private sources" for "Requests to other departments and offices for
    information, acquisition of reports from governmental and other
    sources" in item 6, and substituted "Authenticated transcripts or
    copies" for "Certified copies" in item 8, respectively.
      1966 - Pub. L. 89-473, Sec. 2(b), June 29, 1966, 80 Stat. 221,
    struck out item 14 "Reimbursement between appropriations". Pub. L.
    89-473 was subsequently repealed by Pub. L. 97-258, Sec. 5(b),
    Sept. 13, 1982, 92 Stat. 1068.
      1962 - Pub. L. 87-489, Sec. 1(b), June 19, 1962, 76 Stat. 104,
    added item 14.
      1957 - Pub. L. 85-207, Sec. 1, Aug. 28, 1957, 71 Stat. 481,
    inserted ", acquisition of reports from governmental and other
    sources" in item 6, and added items 12, 13 and 26.

-FOOTNOTE-
    (!1) Section repealed by Pub. L. 86-682 without corresponding
         amendment of chapter analysis.

    (!2) So in original. Does not conform to section catchline.

    (!3) Section catchline amended by Pub. L. 86-769 without
         corresponding amendment of chapter analysis.


-End-


-CITE-
    13 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
                     SUBCHAPTER I - GENERAL PROVISIONS                 

-End-



-CITE-
    13 USC Sec. 1                                               01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 1. Definitions

-STATUTE-
      As used in this title, unless the context requires another
    meaning or unless it is otherwise provided - 
        (1) "Bureau" means the Bureau of the Census;
        (2) "Secretary" means the Secretary of Commerce; and
        (3) "respondent" includes a corporation, company, association,
      firm, partnership, proprietorship, society, joint stock company,
      individual, or other organization or entity which reported
      information, or on behalf of which information was reported, in
      response to a questionnaire, inquiry, or other request of the
      Bureau.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Pub. L. 94-521, Sec. 1,
    Oct. 17, 1976, 90 Stat. 2459.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Section is new, and was inserted to eliminate the necessity for
    referring, throughout this title, to the Bureau of the Census, and
    the Secretary of Commerce, by their full designations.

                                AMENDMENTS                            
      1976 - Pub. L. 94-521 designated existing provisions as pars. (1)
    and (2), and added par. (3).

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Section 17 of Pub. L. 94-521 provided that: "The amendments made
    by this Act [enacting sections 181 to 184 and 196 of this title,
    amending this section and sections 3 to 6, 8, 23, 141, 191, 195,
    214, 221, 224, 225, and 241 of this title, and enacting provisions
    set out as notes under this section] shall take effect on October
    1, 1976, or on the date of the enactment of this Act [Oct. 17,
    1976], whichever date is later".

                       SHORT TITLE OF 1999 AMENDMENT                   
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII,
    subtitle E, Sec. 1251], Nov. 29, 1999, 113 Stat. 1536, 1501A-505,
    provided that: "This subtitle [amending section 301 of this title
    and enacting provisions set out as notes under section 301 of this
    title] may be cited as the 'Proliferation Prevention Enhancement
    Act of 1999'."

                       SHORT TITLE OF 1994 AMENDMENT                   
      Pub. L. 103-430, Sec. 1, Oct. 31, 1994, 108 Stat. 4393, provided
    that: "This Act [enacting section 16 of this title, amending
    sections 9 and 214 of this title and section 412 of Title 39,
    Postal Service, and enacting provisions set out as a note under
    section 16 of this title] may be cited as the 'Census Address List
    Improvement Act of 1994'."

                               SEPARABILITY                           
      Section 16 of Pub. L. 94-521 provided that: "If a provision
    enacted by this Act [see section 17 of Pub. L. 94-521 set out
    above] is held invalid, all valid provisions that are severable
    from the invalid provision remain in effect. If a provision of this
    Act [Pub. L. 94-521] is held invalid in one or more of its
    applications, the provision remains in effect in all valid
    applications that are severable from the invalid application or
    applications."

-End-



-CITE-
    13 USC Sec. 2                                               01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 2. Bureau of the Census

-STATUTE-
      The Bureau is continued as an agency within, and under the
    jurisdiction of, the Department of Commerce.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1012.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 1 (Mar. 6, 1902, ch.
    139, Sec. 1, 32 Stat. 51; Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat.
    826; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; June 18, 1929,
    ch. 28, Sec. 21, 46 Stat. 26).
      Section 1 of title 13, U.S.C., 1952 ed., provided that the
    "Census Office" temporarily established in the Department of the
    Interior in accordance with the act of Mar. 3, 1899 (ch. 419, 30
    Stat. 1014) "is made" a permanent office in the Department of
    Commerce. Such wording is no longer necessary, and the provisions,
    as revised in this section, merely continue the Bureau (of the
    Census) as an agency within, and under the jurisdiction of, the
    Department of Commerce.

-End-



-CITE-
    13 USC Sec. 3                                               01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 3. Seal

-STATUTE-
      The Bureau shall have a seal containing such device as has been
    selected heretofore, or as the Secretary may select hereafter. A
    description of such seal with an impression thereof shall be filed
    in the office of the Secretary of State. The seal shall remain in
    the custody of the Secretary or such officer or employee of the
    Bureau as he designates, and shall be affixed to all documents
    authenticated by the Bureau. Judicial notice shall be taken of the
    seal.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Pub. L. 85-207, Sec. 2,
    Aug. 28, 1957, 71 Stat. 481; Pub. L. 94-521, Sec. 2, Oct. 17, 1976,
    90 Stat. 2459.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on acts Mar. 3, 1899, ch. 419, Sec. 31, 30 Stat. 1021; Mar.
    6, 1902, ch. 139, Sec. 6, 32 Stat. 52.
      Section is new to the United States Code, but is in accordance
    with current practice. Act Mar. 3, 1899, ch. 419, 30 Stat. 1014,
    which established the "Census Office" on a temporary basis,
    provided in section 31 thereof (30 Stat. 1021) for a seal for that
    office. The office was made permanent by act Mar. 6, 1902, ch. 139,
    32 Stat. 51, and section 6 of that act (32 Stat. 52) continued in
    full force and effect "for the taking of the Thirteenth and
    subsequent censuses" all provisions of the act of Mar. 3, 1899, not
    inconsistent with the provisions of such 1902 act. Therefore, since
    the 1902 act contained no provisions with respect to a seal,
    section 31 of the 1899 act, providing for the seal, remained in
    force as it was not inconsistent. Section 33 of act July 2, 1909,
    ch. 2, 36 Stat. 10, which act (36 Stat. 1) related to the
    Thirteenth and subsequent decennial censuses, repealed the said act
    of Mar. 3, 1899, specifically, and all "other" laws and parts of
    laws inconsistent with the provisions of the 1909 act. These
    repealing provisions are somewhat ambiguous, but it was probably
    the intent of Congress, as it was the intent thereof at the time of
    enactment of the act of Mar. 6, 1902, referred to above, to
    continue in effect all provisions of the act of Mar. 3, 1899, that
    were not inconsistent with the act of July 2, 1909. The 1909 act
    contained no provisions with respect to the seal, and it
    accordingly follows that the provisions of section 31 of the act of
    Mar. 3, 1899, with respect thereto, continued in force. This is
    also the interpretation of the Bureau of the Census, which has
    continued to use a seal through the years in connection with
    "certificates and attestations".
      In any event, this new section merely confirms past and present
    practice, and restores, if it does not preserve, statutory
    authority for possession and use of the seal which is a very
    necessary part of the operations of the Bureau. Further, the
    section should serve to forestall future differences of
    interpretation. In the past, some States have refused to recognize
    the seal of the Census Bureau on the ground that it was not
    authorized by law. In all probability, this position was taken, not
    as the result of a search of the Statutes at Large, which would
    have been a difficult project, but because provisions relating to
    the seal were not set out in the United States Code where they
    would have been readily accessible.
      The language of this section follows substantially the language
    of section 31 of the act of Mar. 3, 1899, referred to above, but
    has been reworded because of jurisdictional and other changes since
    that time. The "Census Office" was transferred from the Department
    of the Interior to the Department of Commerce and Labor by act Feb.
    14, 1903, ch. 552, Sec. 4, 32 Stat. 826. Act Mar. 4, 1913, ch. 141,
    Sec. 1, 37 Stat. 736, changed the name of the latter to the
    Department of Commerce, and created, as a separate department, the
    Department of Labor. It transferred a number of bureaus and
    agencies from the Department of Commerce to the Department of
    Labor, but these transfers did not affect the Bureau of the Census,
    which has remained under the jurisdiction of the Department of
    Commerce. 1950 Reorganization Plan No. 5, Secs. 1, 2, eff. May 24,
    1950, 15 F.R. 3174, 64 Stat. 1263, transferred all functions of all
    officers, employees, bureaus, and agencies of the Department of
    Commerce to the Secretary of Commerce, and vested power in him to
    delegate them or any of his other functions to any of such
    officers, employees, bureaus, and agencies. Therefore, in this
    section, "Secretary", and "Secretary or such officer or employee of
    the Bureau as he designates", were substituted, respectively, for
    two references to the Director of the Census, to conform with such
    Plan.

                                AMENDMENTS                            
      1976 - Pub. L. 94-521 substituted "affixed to all documents
    authenticated by the Bureau" for "affixed to all certificates and
    attestations that may be required from the Bureau".
      1957 - Pub. L. 85-207 provided for judicial recognition of the
    seal.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

-End-



-CITE-
    13 USC Sec. 4                                               01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 4. Functions of Secretary; regulations; delegation

-STATUTE-
      The Secretary shall perform the functions and duties imposed upon
    him by this title, may issue such rules and regulations as he deems
    necessary to carry out such functions and duties, and may delegate
    the performance of such functions and duties and the authority to
    issue such rules and regulations to such officers and employees of
    the Department of Commerce as he may designate.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 94-521, Sec. 3(a),
    Oct. 17, 1976, 90 Stat. 2459.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Section is new, and was inserted to conform with 1950
    Reorganization Plan No. 5, effective May 24, 1950, Secs. 1, 2, 15
    F.R. 3174, 64 Stat. 1263, which is set out as a note under section
    591 of title 5, U. S. C., 1952 ed., Executive Departments and
    Government Officers and Employees [now set out in the Appendix to
    Title 5, Government Organization and Employees]. That plan
    transferred all functions (with a few exceptions not applicable to
    the Census Bureau) of all agencies, officers and employees of the
    Department of Commerce to the Secretary of Commerce, and vested
    power in him to delegate the functions so transferred, or any of
    his other functions, to such agencies, officers or employees within
    the Department as he designates.
      See, also, section 253 of title 13, U.S.C., 1952 ed., which
    provided for delegation of functions in connection with the
    quinquennial censuses of governments, and authorized the Secretary
    to promulgate rules and regulations with respect to such censuses.
    That section has been omitted from this revised title, as the
    provision thereof for delegation of functions is covered by this
    section, and the provision thereof which related to rules and
    regulations is covered by section 22 of title 1, U.S.C., 1952 ed.,
    General Provisions.
      Because of the transfer effected by 1950 Reorganization Plan No.
    5, referred to above, sections of title 13, U.S.C., 1952 ed., which
    prescribed functions of the Bureau of the Census, the Census
    Office, or the Director of the Census, have, in this revised title,
    been changed to refer to the Secretary.

                                AMENDMENTS                            
      1976 - Pub. L. 94-521 inserted "regulations;" in section
    catchline, authorized the Secretary to issue such rules and
    regulations as he deems necessary to carry out the functions and
    duties imposed upon him by this title, authorized delegation of
    authority to issue such rules and regulations to officers and
    employees of the Department of Commerce, and struck out a provision
    which allowed delegation of performance of such functions and
    duties to bureaus and agencies of the Department of Commerce.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

-End-



-CITE-
    13 USC Sec. 5                                               01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 5. Questionnaires; number, form, and scope of inquiries

-STATUTE-
      The Secretary shall prepare questionnaires, and shall determine
    the inquiries, and the number, form, and subdivisions thereof, for
    the statistics, surveys, and censuses provided for in this title.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 94-521, Sec. 4(a),
    Oct. 17, 1976, 90 Stat. 2459.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 82, 111, 123, 204,
    216, 251, and section 1442 of title 42, U.S.C., 1952 ed., The
    Public Health and Welfare (Mar. 6, 1902, ch. 139, Sec. 7, 32 Stat.
    52; June 7, 1906, ch. 3048, 34 Stat. 218; Aug. 7, 1916, ch. 274,
    Sec. 2, 39 Stat. 437; June 18, 1929, ch. 28, Secs. 3, 4, 16, 46
    Stat. 21, 22, 25; 1939 Reorganization Plan No. II, Sec. 4(e), eff.
    July 1, 1939, 4 F.R. 2731, 53 Stat. 1431; 1940 Reorganization Plan
    No. III, Sec. 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1232;
    June 25, 1947, ch. 124, 61 Stat. 163; June 19, 1948, ch. 502, Sec.
    3, 62 Stat. 479; July 15, 1949, ch. 338, title VI, Sec. 607, 63
    Stat. 441; Sept. 7, 1950, ch. 910, Secs. 1, 4, 64 Stat. 784, 785;
    July 16, 1952, ch. 912, 66 Stat. 736).
      Section consolidates section 82 of title 13, U.S.C., 1952 ed.,
    which related to statistics on cottonseed, oilseeds, nuts and
    kernels, fats, oils, and greases, with part of the second sentence
    of section 111 of such title, which section related to
    miscellaneous statistics; with the first sentence of section 123 of
    such title, which section related to censuses of manufacturers,
    mineral industries, and other businesses; with the second sentence
    of section 204 of such title, which section related to censuses of
    population, agriculture, irrigation, drainage, etc.; with the third
    sentence of section 216 of such title, which section related to
    censuses of agriculture; with that part of subsection (b) of
    section 1442 of title 42, U.S.C., 1952 ed., which made such
    sections 204 and 216 applicable to the censuses of housing; and
    with part of section 251(b) of such title relating to censuses of
    governments.
      Sections 82, 123 and 204 of title 13, U.S.C., 1952 ed., provided
    that the inquiries, etc., should be determined by the Director of
    the Census, with the approval of the Secretary of Commerce. Section
    111 thereof provided that the Director of the Census should prepare
    the schedules, etc., and sections 216 and 251(b) thereof (the
    former amended in 1952, the latter enacted in 1950) provided that
    the inquiries, etc., should be determined by the Secretary of
    Commerce. This consolidated section vests such duties in the
    Secretary of Commerce, which is in conformity not only with such
    sections 216 and 251(b), but also with 1950 Reorganization Plan No.
    5, Secs. 1, 2, effective May 24, 1950, 15 F.R. 3174, 64 Stat. 1263.
    See Revision Note to section 4 of this title.
      Changes were made in phraseology.
      For remainder of sections 111, 123, 204, 216, and 251 of title
    13, U.S.C., 1952 ed., and of section 1442 of title 42, U.S.C., 1952
    ed. (which has been transferred in its entirety to this revised
    title), see Distribution Table.

                                AMENDMENTS                            
      1976 - Pub. L. 94-521 substituted "Questionnaires" for
    "Schedules" in section catchline and in text.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

             RESTRICTION ON COLLECTION OF CENSUS DATA ON RACE         
      Pub. L. 109-108, title II, Nov. 22, 2005, 119 Stat. 2308,
    provided in part: "That none of the funds provided in this or any
    other Act for any fiscal year may be used for the collection of
    Census data on race identification that does not include 'some
    other race' as a category."
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 108-447, div. B, title II, Dec. 8, 2004, 118 Stat. 2876.

-End-



-CITE-
    13 USC Sec. 6                                               01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 6. Information from other Federal departments and agencies;
      acquisition of reports from other governmental and private
      sources

-STATUTE-
      (a) The Secretary, whenever he considers it advisable, may call
    upon any other department, agency, or establishment of the Federal
    Government, or of the government of the District of Columbia, for
    information pertinent to the work provided for in this title.
      (b) The Secretary 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.
      (c) To the maximum extent possible and consistent with the kind,
    timeliness, quality and scope of the statistics required, the
    Secretary shall acquire and use information available from any
    source referred to in subsection (a) or (b) of this section instead
    of conducting direct inquiries.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 85-207, Sec. 3,
    Aug. 28, 1957, 71 Stat. 481; Pub. L. 94-521, Sec. 5(a), Oct. 17,
    1976, 90 Stat. 2460.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 122, 215, 252, and
    section 1442 of title 42, U.S.C., 1952 ed., The Public Health and
    Welfare (June 18, 1929, ch. 28, Sec. 15, 46 Stat. 25; June 19,
    1948, ch. 502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title
    VI, Sec. 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, Sec. 1, 64
    Stat. 784).
      Section consolidates section 215 of title 13, U.S.C., 1952 ed.,
    with those parts of sections 122 and 252 of such title which
    respectively made such section 215 applicable to the quinquennial
    censuses of manufacturers and the mineral industries and other
    businesses, and governments, and with that part of subsection (b)
    of section 1442 of title 42, U.S.C., 1952 ed., which made such
    section 215 applicable to the decennial censuses of housing (see
    subchapters I, II, and III of chapter 5 of this title). As
    originally enacted in 1929, such section 215 had related only to
    the decennial censuses of population, agriculture, etc., the
    provisions for which are continued in subchapter II of chapter 5 of
    this title.
      The provisions, as revised in this section, relate, not only to
    the censuses referred to above, but also, to all other
    investigations provided for in this title. This was probably the
    Congressional intent.
      Words in section 215 of title 13, U.S.C., 1952 ed., "on request
    of the Director of the Census", were omitted since all functions
    under this title are vested primarily in the Secretary (of
    Commerce), in view of 1950 Reorganization Plan No. 5, Secs. 1, 2,
    eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note
    to section 4 of this title.
      Changes were made in phraseology.
      For remainder of sections 122 and 252 of title 13, U.S.C., 1952
    ed., and of section 1442 of title 42, U.S.C., 1952 ed. (which has
    been transferred in its entirety to this revised title), see
    Distribution Table.

                                AMENDMENTS                            
      1976 - Pub. L. 94-521 substituted "Information from other Federal
    departments and agencies; acquisition of reports from other
    governmental and private sources" for "Requests to other
    departments and offices for information, acquisition of reports
    from governmental and other sources" in section catchline.
      Subsec. (a). Pub. L. 94-521 substituted "considers" for "deems",
    and "agency, or establishment of the Federal Government, or of the
    government of the District of Columbia" for "or office of the
    Government".
      Subsec. (c). Pub. L. 94-521 added subsec. (c).
      1957 - Pub. L. 85-207 inserted ", acquisition of reports from
    governmental and other sources" in section catchline, designated
    existing provisions as subsec. (a), and added subsec. (b).

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

-End-



-CITE-
    13 USC Sec. 7                                               01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 7. Printing; requisitions upon Public Printer; publication of
      bulletins and reports

-STATUTE-
      The Secretary may make requisition upon the Public Printer for
    miscellaneous printing necessary to carry out the provisions of
    this title. He may further have printed by the Public Printer, in
    such editions as he deems necessary, preliminary and other census
    bulletins, and final reports of the results of the several
    investigations authorized by this title, and may publish and
    distribute such bulletins and reports.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1013.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 213, and section 1442
    of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June
    18, 1929, ch. 28, Sec. 13, 46 Stat. 25; July 15, 1949, ch. 338,
    title VI, Sec. 607, 63 Stat. 441).
      Section consolidates section 213 of title 13, U.S.C., 1952 ed.,
    with that part of subsection (b) of section 1442 of title 42,
    U.S.C., 1952 ed., which made such section 213 applicable to the
    censuses of housing.
      The enumeration in section 213 of title 13, U.S.C. 1952 ed., of
    the types of printing ("Blanks, schedules, circulars, pamphlets,
    envelopes, work sheets") was omitted as unnecessary and covered by
    the words "miscellaneous printing".
      The provisions have been reworded to make it clear that they
    relate to all statistical and census operations under this title,
    and changes were made in phraseology.
      For remainder of section 1442 of title 42, U.S.C., 1952 ed.
    (which section has been transferred in its entirety to this revised
    title), see Distribution Table.

-End-



-CITE-
    13 USC Sec. 8                                               01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 8. Authenticated transcripts or copies of certain returns;
      other data; restriction on use; disposition of fees received

-STATUTE-
      (a) The Secretary may, upon written request, furnish to any
    respondent, or to the heir, successor, or authorized agent of such
    respondent, authenticated transcripts or copies of reports (or
    portions thereof) containing information furnished by, or on behalf
    of, such respondent in connection with the surveys and census
    provided for in this title, upon payment of the actual or estimated
    cost of searching the records and furnishing such transcripts or
    copies.
      (b) Subject to the limitations contained in sections 6(c) and 9
    of this title, the Secretary may furnish copies of tabulations and
    other statistical materials which do not disclose the information
    reported by, or on behalf of, any particular respondent, and may
    make special statistical compilations and surveys, for departments,
    agencies, and establishments of the Federal Government, the
    government of the District of Columbia, the government of any
    possession or area (including political subdivisions thereof)
    referred to in section 191(a) of this title, State or local
    agencies, or other public and private persons and agencies, upon
    payment of the actual or estimated cost of such work. In the case
    of nonprofit agencies or organizations, the Secretary may engage in
    joint statistical projects, the purpose of which are otherwise
    authorized by law, but only if the cost of such projects are shared
    equitably, as determined by the Secretary.
      (c) In no case shall information furnished under this section be
    used to the detriment of any respondent or other person to whom
    such information relates, except in the prosecution of alleged
    violations of this title.
      (d) All moneys received in payment for work or services
    enumerated under this section shall be deposited in a separate
    account which may be used to pay directly the costs of such work or
    services, to repay appropriations which initially bore all or part
    of such costs, or to refund excess sums when necessary.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 85-207, Sec. 4,
    Aug. 28, 1957, 71 Stat. 481; Pub. L. 94-521, Sec. 6(a), Oct. 17,
    1976, 90 Stat. 2460.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 218, and section 1442
    of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June
    18, 1929, ch. 28, Sec. 18, 46 Stat. 25; July 15, 1949, ch. 338,
    title VI, Sec. 607, 63 Stat. 441).
      Section consolidates section 218 of title 13, U.S.C., 1952 ed.,
    with that part of subsection (b) of section 1442 of title 42,
    U.S.C., 1952 ed., which made such section 218 applicable to the
    censuses of housing. For remainder of such section 1442 of title 42
    (which has been transferred in its entirety to this revised title),
    see Distribution Table.
      References to the Secretary, meaning the Secretary of Commerce,
    were substituted for references to the Director of the Census, to
    conform with 1950 Reorganization Plan No. 5, Secs. 1, 2, eff. May
    24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section
    4 of this title. For the same reason, a reference in section 218 of
    title 13, U.S.C., 1952 ed., to the Bureau of the Census was
    changed, in subsection (e) of this revised section to "Department
    of Commerce or any bureau or agency thereof".
      Changes were made in phraseology and arrangement.

                                AMENDMENTS                            
      1976 - Pub. L. 94-521 substituted "Authenticated transcripts or
    copies" for "Certified copies" in section catchline.
      Subsec. (a). Pub. L. 94-521 substituted provision that the
    Secretary may furnish to any respondent, or the successor or
    authorized agent of such respondent, transcripts or copies of
    reports containing information furnished in connection with the
    surveys and census, upon payment of the necessary costs, for
    provision that authorized the Secretary, in his discretion, to
    furnish the Governors of States and Territories, courts of record,
    and individuals, data for genealogical and other proper purposes,
    from the population, agriculture, and housing schedules prepared
    under the authority of subchapter II of chapter 5 of this title,
    upon payment of the necessary costs, plus one dollar for supplying
    a certificate.
      Subsec. (b). Pub. L. 94-521 inserted provision subjecting the
    Secretary to the limitations contained in sections 6(c) and 9 of
    this title, when furnishing statistical materials under this
    section, substituted "copies of tabulations and other statistical
    materials" for "transcripts or copies of tables and other census
    records", inserted provision that materials furnished under this
    section may not disclose information reported by, or on behalf of,
    a particular respondent, and substituted a provision enumerating
    the public and private establishments and individuals, on behalf of
    whom, special statistical compilations may be conducted for
    provision that such compilations may be conducted on behalf of
    State or local officials, private concerns, or individuals.
      Subsec. (c). Pub. L. 94-521 struck out "the authority of" after
    "furnished under", substituted "any respondent or other person" for
    "the persons", and inserted "except in the prosecution of alleged
    violations of this title" after "relates,".
      1957 - Subsec. (b). Pub. L. 85-207, Sec. 4(a), inserted sentence
    at end respecting engagement in joint statistical projects.
      Subsec. (d). Pub. L. 85-207, Sec. 4(b), required the deposit in a
    separate account of moneys received in payment for work or
    services, previously credited to an appropriation for collecting
    statistics, and permitted certain uses of such account.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

-End-



-CITE-
    13 USC Sec. 9                                               01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 9. Information as confidential; exception

-STATUTE-
      (a) Neither the Secretary, nor any other officer or employee of
    the Department of Commerce or bureau or agency thereof, or local
    government census liaison, may, except as provided in section 8 or
    16 or chapter 10 of this title or section 210 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 1998 or section 2(f) of the Census of
    Agriculture Act of 1997 - 
        (1) use the information furnished under the provisions of this
      title for any purpose other than the statistical purposes for
      which it is supplied; or
        (2) make any publication whereby the data furnished by any
      particular establishment or individual under this title can be
      identified; or
        (3) permit anyone other than the sworn officers and employees
      of the Department or bureau or agency thereof to examine the
      individual reports.

    No department, bureau, agency, officer, or employee of the
    Government, except the Secretary in carrying out the purposes of
    this title, shall require, for any reason, copies of census reports
    which have been retained by any such establishment or individual.
    Copies of census reports which have been so retained shall be
    immune from legal process, and shall not, without the consent of
    the individual or establishment concerned, be admitted as evidence
    or used for any purpose in any action, suit, or other judicial or
    administrative proceeding.
      (b) The provisions of subsection (a) of this section relating to
    the confidential treatment of data for particular individuals and
    establishments, shall not apply to the censuses of governments
    provided for by subchapter III of chapter 5 of this title, nor to
    interim current data provided for by subchapter IV of chapter 5 of
    this title as to the subjects covered by censuses of governments,
    with respect to any information obtained therefor that is compiled
    from, or customarily provided in, public records.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 87-813, Oct. 15,
    1962, 76 Stat. 922; Pub. L. 101-533, Sec. 5(b)(2), Nov. 7, 1990,
    104 Stat. 2348; Pub. L. 103-430, Sec. 2(b), Oct. 31, 1994, 108
    Stat. 4394; Pub. L. 105-113, Sec. 4(a)(1), Nov. 21, 1997, 111 Stat.
    2276; Pub. L. 105-119, title II, Sec. 210(k), Nov. 26, 1997, 111
    Stat. 2487.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 73, 83, 122, 208, 211,
    252, and section 1442 of title 42, U.S.C., 1952 ed., The Public
    Health and Welfare (Aug. 7, 1916, ch. 274, Sec. 3, 39 Stat. 437;
    Apr. 2, 1924, ch. 80, Sec. 3, 43 Stat. 31; June 18, 1929, ch. 28,
    Secs. 8, 11, 21, 46 Stat. 23, 25, 26; July 25, 1947, ch. 331, 61
    Stat. 457; June 19, 1948, ch. 502, Sec. 2, 62 Stat. 479; July 15,
    1949, ch. 338, title VI, Sec. 607, 63 Stat. 441; Sept. 7, 1950, ch.
    910, Sec. 2, 64 Stat. 784).
      Section consolidates parts of sections 73 and 83 of title 13,
    U.S.C., 1952 ed., part of section 208 of such title, section 211 of
    such title, that part of section 122 of such title which made such
    sections 208 and 211 applicable to the quinquennial censuses of
    manufacturers, the mineral industries, and other businesses (see
    subchapter I of chapter 5 of this revised title), that part of
    section 252 of such title which made such sections 208 and 211
    applicable to the quinquennial censuses of governments (see
    subchapter III of chapter 5 of this revised title), the second
    proviso in such section 252, and that part of subsection (b) of
    section 1442 of title 42, U.S.C., 1952 ed., which made such
    sections 208 and 211 applicable to the decennial censuses of
    housing (see subchapter II of chapter 5 of this revised title).
      Words "except as provided in section 8 of this title" were
    inserted in opening phrase of subsection (a) for the purpose of
    clarity.
      References to the Secretary, the Department of Commerce and
    bureaus and agencies thereof, and to other officers and employees
    of such Department, bureaus or agencies, were substituted for
    references to the Director of the Census, the "Census Office", and
    the enumeration (in section 208 of title 13, U.S.C., 1952 ed.) of
    certain types of employees, for the purpose of completeness, and to
    conform with 1950 Reorganization Plan No. 5, Secs. 1, 2, eff. May
    24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section
    4 of this title.
      The penal provisions of sections 73, 83, and 208 of title 13,
    U.S.C., 1952 ed., prescribing penalties for wrongful disclosure of
    information, are set out in section 214 of this title.
      Changes were made in phraseology.
      For remainder of sections 122, 208, and 252 of title 13, U.S.C.,
    1952 ed., and of section 1442 of title 42, U.S.C., 1952 ed. (which
    section has been transferred in its entirety to this revised
    title), see Distribution Table.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 210 of the Departments of Commerce, Justice, and State,
    the Judiciary, and Related Agencies Appropriations Act, 1998,
    referred to in subsec. (a), is section 210 of Pub. L. 105-119,
    title II, Nov. 26, 1997, 111 Stat. 2483, which amended this section
    and enacted provisions set out as a note under section 141 of this
    title.
      Section 2(f) of the Census of Agriculture Act of 1997, referred
    to in subsec. (a), is classified to section 2204g(f) of Title 7,
    Agriculture.


-MISC2-
                                AMENDMENTS                            
      1997 - Subsec. (a). Pub. L. 105-119, which directed the
    substitution, in introductory provisions, of "of this title or
    section 210 of the Departments of Commerce, Justice, and State, the
    Judiciary, and Related Agencies Appropriations Act, 1998 - " for
    "of this title - ", was executed by substituting "of this title or
    section 210 of the Departments of Commerce, Justice, and State, the
    Judiciary, and Related Agencies Appropriations Act, 1998" for "of
    this title" to reflect the probable intent of Congress and the
    amendment by Pub. L. 105-113. See below.
      Pub. L. 105-113 inserted "or section 2(f) of the Census of
    Agriculture Act of 1997" after "chapter 10 of this title".
      1994 - Subsec. (a). Pub. L. 103-430 inserted "or local government
    census liaison," after "thereof," and "or 16" after "section 8".
      1990 - Subsec. (a). Pub. L. 101-533 inserted "or chapter 10"
    after "section 8".
      1962 - Subsec. (a). Pub. L. 87-813 inserted sentences stating
    that no department, bureau, agency, officer, or employee of the
    Government, except the Secretary in carrying out the purposes of
    this title, shall require, for any reason, copies of census reports
    which have been retained by any such establishment or individual,
    and providing that copies of census reports which have been so
    retained shall be immune from legal process, and shall not, without
    the consent of the individual or establishment, be admitted as
    evidence or used for any purpose in any action, suit or other
    judicial or administrative proceeding.

-End-



-CITE-
    13 USC Sec. 10                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    [Sec. 10. Repealed. Pub. L. 86-682, Sec. 12(a), Sept. 2, 1960, 74
      Stat. 708, eff. Sept. 1, 1960]

-MISC1-
      Section, act Aug. 31, 1954, ch. 1158, Sec. 1, 68 Stat. 1014,
    related to free transmittal of official mail in census matters.

-End-



-CITE-
    13 USC Sec. 11                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 11. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated, out of the Treasury of
    the United States, such sums as may be necessary to carry out all
    provisions of this title.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1014.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Section is new, and has been inserted to supply the customary
    authorization of appropriations necessary in carrying out any of
    the provisions of this title.

                 BUREAU OF THE CENSUS WORKING CAPITAL FUND             
      Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
    210], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:
    "There is hereby established the Bureau of the Census Working
    Capital Fund, which shall be available without fiscal year
    limitation, for expenses and equipment necessary for the
    maintenance and operation of such services and projects as the
    Director of the Census Bureau determines may be performed more
    advantageously when centralized: Provided, That such central
    services shall, to the fullest extent practicable, be used to make
    unnecessary the maintenance of separate like services in the
    divisions and offices of the Bureau: Provided further, That a
    separate schedule of expenditures and reimbursements, and a
    statement of the current assets and liabilities of the Working
    Capital Fund as of the close of the last completed fiscal year,
    shall be prepared each year: Provided further, That notwithstanding
    31 U.S.C. 3302, the Working Capital Fund may be credited with
    advances and reimbursements from applicable appropriations of the
    Bureau and from funds of other agencies or entities for services
    furnished pursuant to law: Provided further, That any inventories,
    equipment, and other assets pertaining to the services to be
    provided by such funds, either on hand or on order, less the
    related liabilities or unpaid obligations, and any appropriations
    made hereafter for the purpose of providing capital, shall be used
    to capitalize the Working Capital Fund: Provided further, That the
    Working Capital Fund shall provide for centralized services at
    rates which will return in full all expenses of operation,
    including depreciation of fund plant and equipment, amortization of
    automated data processing software and hardware systems, and an
    amount necessary to maintain a reasonable operating reserve as
    determined by the Director."

-End-



-CITE-
    13 USC Sec. 12                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 12. Mechanical and electronic development

-STATUTE-
      The Secretary is authorized to have conducted mechanical and
    electronic development work as he determines is needed to further
    the functions and duties of carrying out the purposes of this title
    and may enter into such developmental contracts as he may determine
    to be in the best interest of the Government.

-SOURCE-
    (Added Pub. L. 85-207, Sec. 5, Aug. 28, 1957, 71 Stat. 481.)

-End-



-CITE-
    13 USC Sec. 13                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 13. Procurement of professional services

-STATUTE-
      The Secretary shall have authority to contract with educational
    and other research organizations for the preparation of monographs
    and other reports and materials of a similar nature.

-SOURCE-
    (Added Pub. L. 85-207, Sec. 5, Aug. 28, 1957, 71 Stat. 481.)

-End-



-CITE-
    13 USC Sec. 14                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    [Sec. 14. Repealed. Pub. L. 89-473, Sec. 2(a), June 29, 1966, 80
      Stat. 221]

-MISC1-
      Section, added Pub. L. 87-489, Sec. 1(a), June 19, 1962, 76 Stat.
    104, provided for reimbursement between appropriations. See section
    1534 of Title 31, Money and Finance.

                                  REPEALS                              
      Pub. L. 89-473, June 29, 1966, 80 Stat. 221, which repealed this
    section and struck out item 14 in the analysis of sections
    comprising this chapter, was itself repealed by Pub. L. 97-258,
    Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068.

-End-



-CITE-
    13 USC Sec. 15                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 15. Leases for 1980 decennial census

-STATUTE-
      The 15 percent limitation contained in section 322 (!1) of the
    Act of June 30, 1932 (47 Stat. 412) shall not apply to leases
    entered into by the Secretary for the purpose of carrying out the
    1980 decennial census, but no lease may be entered into for such
    purpose at a rental in excess of 105 percent of the appraised fair
    annual rental of the leased premises, or a proportionate part of
    the appraised fair annual rental in the case of a lease for less
    than a year.


-SOURCE-
    (Added Pub. L. 96-52, Sec. 1(a), Aug. 13, 1979, 93 Stat. 358;
    amended Pub. L. 108-178, Sec. 4(c), Dec. 15, 2003, 117 Stat. 2641.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 322 of the Act of June 30, 1932 (47 Stat. 412), referred
    to in text, was repealed by Pub. L. 100-678, Sec. 7, Nov. 17, 1988,
    102 Stat. 4052.


-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-178 struck out "; 40 U.S.C. 278a" after "47
    Stat. 412".

                     EFFECTIVE DATE OF 2003 AMENDMENT                 
      Amendment by Pub. L. 108-178 effective Aug. 21, 2002, see section
    5 of Pub. L. 108-178, set out as a note under section 5334 of Title
    5, Government Organization and Employees.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    13 USC Sec. 16                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-
    Sec. 16. Address information reviewed by States and local
      governments

-STATUTE-
      (a) The Secretary, to assist efforts to ensure the accuracy of
    censuses and surveys under this title, shall - 
        (1) publish standards defining the content and structure of
      address information which States and local units of general
      purpose government may submit to the Secretary to be used in
      developing a national address list;
        (2)(A) develop and publish a timetable for the Bureau to
      receive, review, and respond to submissions of information under
      paragraph (1) before the decennial census date; and
        (B) provide for a response by the Bureau with respect to such
      submissions in which the Bureau specifies its determinations
      regarding such information and the reasons for such
      determinations; and
        (3) be subject to the review process developed under section 3
      of the Census Address List Improvement Act of 1994 relating to
      responses pursuant to paragraph (2).

      (b)(1) The Secretary - 
        (A) shall provide officials who are designated as census
      liaisons by a local unit of general purpose government with
      access to census address information for the purpose of verifying
      the accuracy of the address information of the Bureau for census
      and survey purposes; and
        (B) together with such access, should provide an explanation of
      duties and obligations under this title.

      (2) Access under paragraph (1) shall be limited to address
    information concerning addresses within the local unit of general
    purpose government represented by the census liaison or an adjacent
    local unit of general purpose government.
      (3) The Bureau should respond to each recommendation made by a
    census liaison concerning the accuracy of address information,
    including the determination (and reasons therefor) of the Bureau
    regarding each such recommendation.
      (4) For the purposes of paragraph (1), in a case in which a local
    unit of general purpose government is within another local unit of
    general purpose government and is not independent of the enclosing
    unit, the census liaison shall be designated by the local unit of
    general purpose government which is within the enclosing local unit
    of general purpose government.
      (5) A census liaison may not use information made available under
    paragraph (1) for any purpose other than the purpose specified in
    paragraph (1).
      (c) For the purposes of this section - 
        (1) the term "local unit of general purpose government" has the
      meaning given such term by section 184(1) of this title; and
        (2) the term "State" includes the District of Columbia, the
      Commonwealth of Puerto Rico, the Commonwealth of the Northern
      Mariana Islands, American Samoa, Guam, the Virgin Islands, and
      any other territory or possession of the United States.

-SOURCE-
    (Added Pub. L. 103-430, Sec. 2(a), Oct. 31, 1994, 108 Stat. 4393.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3 of the Census Address List Improvement Act of 1994,
    referred to in subsec. (a)(3), is section 3 of Pub. L. 103-430, set
    out below.


-MISC1-
       DEVELOPMENT OF APPEALS PROCESS BY ADMINISTRATOR OF OFFICE OF
                    INFORMATION AND REGULATORY AFFAIRS
      Section 3 of Pub. L. 103-430 provided that: "The Administrator of
    the Office of Information and Regulatory Affairs, acting through
    the Chief Statistician and in consultation with the Bureau of the
    Census, shall develop an appeals process for those States and local
    units of general purpose government which desire to appeal
    determinations of the Bureau of the Census pursuant to section
    16(a)(2) or (b)(3) of title 13, United States Code. Appeals under
    such process shall be resolved before the decennial census date.
    The Chief Statistician shall publish the proposed appeals process
    for a period of public comment before finalizing such process."

-End-


-CITE-
    13 USC SUBCHAPTER II - OFFICERS AND EMPLOYEES               01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-
                  SUBCHAPTER II - OFFICERS AND EMPLOYEES              

-End-



-CITE-
    13 USC Sec. 21                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-
    Sec. 21. Director of the Census; duties

-STATUTE-
      The Bureau shall be headed by a Director of the Census, appointed
    by the President, by and with the advice and consent of the Senate.
    The Director shall perform such duties as may be imposed upon him
    by law, regulations, or orders of the Secretary.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1014.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 2 (Mar. 6, 1902, ch.
    139, Sec. 3, 32 Stat. 51; June 18, 1929, ch. 28, Sec. 21, 46 Stat.
    26). The provision of section 2 of title 13, U.S.C., 1952 ed.,
    which imposed upon the Director the duty to superintend and direct
    the taking of censuses of the United States was omitted in view of
    1950 Reorganization Plan No. 5, effective May 24, 1950, 15 F.R.
    3174, 64 Stat. 1263, which transferred all functions of all
    officers, employees, bureaus, and agencies of the Department of
    Commerce to the Secretary of Commerce, and this title, as revised,
    vests such duty in the Secretary. However, under section 4 of this
    title, he may delegate his functions hereunder.
      "Bureau" was substituted for "permanent Census Office". See
    Revision Note to section 2 of this title.
      At the end of this section, references to regulations, and to
    orders of the Secretary, were added after "law" in view of the
    changes effected by 1950 Reorganization Plan No. 5, referred to
    above.
      Changes were made in phraseology.

-End-



-CITE-
    13 USC Sec. 22                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-
    Sec. 22. Qualifications of permanent personnel

-STATUTE-
      All permanent officers and employees of the Bureau shall be
    citizens of the United States.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1014; Pub. L. 86-769, Sec. 1,
    Sept. 13, 1960, 74 Stat. 911.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 5, 6 (Mar. 6, 1902,
    ch. 139, Secs. 5, 10, 32 Stat. 51, 53; June 18, 1929, ch. 28, Sec.
    21, 46 Stat. 26).
      Section consolidates section 5 of title 13, U.S.C., 1952 ed.,
    with section 6 of such title.
      A reference to "officers" was inserted for completeness, and the
    word "permanent" was inserted before "officers and employees" for
    the purpose of clarity.
      The provision in section 5 of title 13, U.S.C., 1952 ed.,
    excepting unskilled laborers from the requirements for citizenship,
    was omitted as superseded and covered by the Classification Act of
    1949 (5 U.S.C., 1952 ed., ch. 21).
      The provision that appointments and compensation shall be subject
    to the Classification Act of 1949 is new but is in accordance with
    existing law. See chapter 21 of title 5, U.S.C., 1952 ed.,
    Executive Departments and Government Officers and Employees.
      The provision in section 5 of title 13, U.S.C., 1952 ed., giving
    preference in appointments to war veterans and their widows, was
    omitted as superseded and covered by the Veterans' Preference Act
    of 1944 (chapter 17 of Title 5, U.S.C., 1952 ed., Executive
    Departments and Government Officers and Employees).
      Changes were made in phraseology.

                                AMENDMENTS                            
      1960 - Pub. L. 86-769 struck out references to appointment and
    compensation under the Civil Service laws and the Classification
    Act of 1949.

       PROGRAM FOR EMPLOYMENT OF SPANISH-ORIGIN PERSONNEL IN BUREAU;
                            REPORT TO CONGRESS
      Pub. L. 94-311, Sec. 6, June 16, 1976, 90 Stat. 689, required
    Department of Commerce to implement an affirmative action program
    within Bureau of the Census for employment of personnel of Spanish
    origin or descent and to submit a report to Congress within one
    year of June 16, 1976, on progress of such program.

-End-



-CITE-
    13 USC Sec. 23                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-
    Sec. 23. Additional officers and employees

-STATUTE-
      (a) The Secretary may establish, at rates of compensation to be
    fixed by him without regard to the Classification Act of 1949, as
    many temporary positions as may be necessary to meet the
    requirements of the work provided for by law. Bureau employees who
    are transferred to any such temporary positions shall not lose
    their permanent civil service status by reason of the transfer. The
    Secretary may make appointments to such temporary positions in
    conformity with the civil service laws and rules.
      (b) In addition to employees of the Department of Commerce,
    employees of other departments and independent offices of the
    Government may, with the consent of the head of the respective
    department or office, be employed and compensated for field work in
    connection with the work provided for by law without regard to
    section 301 of the Dual Compensation Act.
      (c) The Secretary may utilize temporary staff, including
    employees of Federal, State, or local agencies or
    instrumentalities, and employees of private organizations to assist
    the Bureau in performing the work authorized by this title, but
    only if such temporary staff is sworn to observe the limitations
    imposed by section 9 of this title.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1014; Pub. L. 86-769, Sec. 2,
    Sept. 13, 1960, 74 Stat. 911; Pub. L. 88-448, title IV, Sec.
    401(p), Aug. 19, 1964, 78 Stat. 492; Pub. L. 94-521, Sec. 12(b),
    Oct. 17, 1976, 90 Stat. 2465.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 203, 216, and section
    1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare
    (June 18, 1929, ch. 28, Secs. 3, 16, 46 Stat. 21, 25; July 6, 1949,
    ch. 298, Secs. 1, 2, 63 Stat. 406; July 15, 1949, ch. 338, title
    VI, Sec. 607, 63 Stat. 441; Oct. 28, 1949, ch. 782, title XI, Sec.
    1106(a), 63 Stat. 972; July 16, 1952, ch. 912, 66 Stat. 736).
      Section consolidates parts of sections 203 and 216 of title 13,
    U.S.C., 1952 ed., with that part of subsection (b) of section 1442
    of title 42, U.S.C., 1952 ed., which made such sections 203 and 216
    applicable to the censuses of housing.
      Section 122 of title 13, U.S.C., 1952 ed., which related to
    quinquennial censuses of manufacturers, the mineral industries,
    transportation, and other businesses (see subchapter I of chapter 5
    of this revised title), and section 252 of title 13, U.S.C., 1952
    ed., which related to quinquennial censuses of governments (see
    subchapter III of chapter 5 of this title), made section 203 of
    such title applicable to those censuses. However, since the
    particular provisions of such section 203 that have been carried
    into this revised section apparently related, as supplemented by
    section 1442(b) of title 42, U.S.C., 1952 ed., to the decennial
    censuses provided for in sections 201 et seq. of such title, and in
    such section 1442 of title 42 (see subchapter II of chapter 5 of
    this revised title), and apparently could have no relevancy to the
    quinquennial censuses referred to above, this revised section
    relates only to such decennial censuses.
      In subsection (a), "Departmental Service" was substituted for
    "District of Columbia", since the Bureau of the Census now has its
    headquarters in Maryland, and not in the District of Columbia.
      In this section, a reference to the Bureau of the Census was
    changed to a reference to the Department of Commerce, and
    references to the Director of the Census were changed in all but
    one case to references to the Secretary (of Commerce) to conform
    with 1950 Reorganization Plan No. 5, Secs. 1, 2, eff. May 24, 1950,
    15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this
    title. The provision of section 203 of title 13, U.S.C., 1952 ed.,
    that appointments under the particular provisions thereof that have
    been carried into subsection (a) of this revised section should be
    made upon the recommendation of the Director of the Census, have
    been omitted from such subsection (a) for the same reason. Further,
    words "or to whatever other officer is designated by the Secretary
    to take the census provided for in sections 141 and 142 of this
    title" were inserted after "Director of the Census" in par. (1) of
    subsection (a), to conform with such 1950 Reorganization Plan.
      The first paragraph of section 203 of title 13, U.S.C., 1952 ed.,
    which provided for the employment of two assistant directors for
    each decennial census period, was omitted as obsolete and
    superseded, in view of section 122 of such title, which made such
    section 203 applicable to the quinquennial censuses of manufactures
    and other businesses, and to surveys (see subchapter IV of chapter
    5 of this title), thus rendering such first paragraph ineffective
    and meaningless. See also section 121(b) of title 13, U.S.C., 1952
    ed.
      The third proviso in the second paragraph of section 203 of title
    13, U.S.C., 1952 ed., giving preference in appointments to disabled
    war veterans, their widows, and, under certain circumstances, to
    their wives, was omitted as superseded and covered by the Veterans'
    Preference Act of 1944 (chapter 17 of title 5, U.S.C., 1952 ed.,
    Executive Departments and Government Officers and Employees).
      Changes were made in phraseology and arrangement.
      Remainder of section 203 of title 13, U.S.C., 1952 ed., is
    incorporated in this subchapter, and for remainder of section 216
    thereof, and of section 1442 of title 42, U.S.C., 1952 ed. (which
    has been transferred in its entirety to this revised title), see
    Distribution Table.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Classification Act of 1949, referred to in subsec. (a), is
    act Oct. 28, 1949, ch. 782, 63 Stat. 954, as amended, which was
    repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632,
    and reenacted by the first section thereof as chapter 51 and
    subchapter III of chapter 53 of Title 5, Government Organization
    and Employees.
      The civil service laws, referred to in subsec. (a), are set forth
    in Title 5. See, particularly, section 3301 et seq. of Title 5.
      Section 301 of the Dual Compensation Act, referred to in subsec.
    (b), which was classified to section 3105 of former Title 5,
    Executive Departments and Government Officers and Employees, was
    repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632,
    and reenacted by the first section thereof as section 5533 of Title
    5.


-MISC2-
                                AMENDMENTS                            
      1976 - Subsec. (c). Pub. L. 94-521 added subsec. (c).
      1964 - Subsec. (b). Pub. L. 88-448 inserted "without regard to
    section 301 of the Dual Compensation Act".
      1960 - Subsec. (a). Pub. L. 86-769 substituted "The Secretary may
    establish, at rates of compensation to be fixed by him without
    regard to the Classification Act of 1949, as many temporary
    positions as may be necessary to meet the requirements of the work
    provided for by law. Bureau employees who are transferred to any
    such temporary positions shall not lose their permanent civil
    service status by reason of the transfer. The Secretary may make
    appointments to such temporary positions in conformity with the
    civil service laws and rules" for "The Secretary may appoint,
    without regard to the Classification Act of 1949, at rates of
    compensation to be fixed by him, as many temporary employees in the
    Departmental Service as may be necessary to meet the requirements
    of the work provided for in this title. Census employees who are
    transferred to any such temporary positions shall not lose their
    permanent Civil Service status by reason of the transfer. The
    Secretary shall make all such temporary appointments in conformity
    with the Civil Service laws and rules".
      Subsec. (b). Pub. L. 86-769 substituted "by law" for "in this
    title".

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

                     EFFECTIVE DATE OF 1964 AMENDMENT                 
      Amendment by Pub. L. 88-448 effective on first day of first month
    which begins later than ninetieth day following Aug. 19, 1964, see
    section 403 of Pub. L. 88-448.

            TEMPORARY POSITIONS RELATING TO DECENNIAL CENSUSES        
      Pub. L. 108-447, div. B, title II, Sec. 205, Dec. 8, 2004, 118
    Stat. 2883, provided that: "Hereafter, none of the funds made
    available by this or any other Act for the Department of Commerce
    shall be available to reimburse the Unemployment Trust Fund or any
    other fund or account of the Treasury to pay for any expenses
    authorized by section 8501 of title 5, United States Code, for
    services performed by individuals appointed to temporary positions
    within the Bureau of the Census for purposes relating to the
    decennial censuses of population."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 106-553, Sec. 1(a)(2) [title II, Sec. 204], Dec. 21,
    2000, 114 Stat. 2762, 2762A-78.
      Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title II, Sec. 204],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-31.
      Pub. L. 105-277, div. A, Sec. 101(b) [title II, Sec. 204], Oct.
    21, 1998, 112 Stat. 2681-50, 2681-86.
      Pub. L. 105-119, title II, Sec. 204, Nov. 26, 1997, 111 Stat.
    2479.
      Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II, Sec.
    204], Sept. 30, 1996, 110 Stat. 3009, 3009-39.
      Pub. L. 104-134, title I, Sec. 101[(a)] [title II, Sec. 204],
    Apr. 26, 1996, 110 Stat. 1321, 1321-30; renumbered title I, Pub. L.
    104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.
      Pub. L. 103-317, title II, Sec. 204, Aug. 26, 1994, 108 Stat.
    1749.
      Pub. L. 103-121, title II, Sec. 204, Oct. 27, 1993, 107 Stat.
    1177.
      Pub. L. 102-395, title II, Sec. 204, Oct. 6, 1992, 106 Stat.
    1855.
      Pub. L. 102-140, title II, Sec. 204, Oct. 28, 1991, 105 Stat.
    806.
      Pub. L. 101-515, title I, Sec. 104, Nov. 5, 1990, 104 Stat. 2108.

      Pub. L. 101-382, title I, Sec. 141, Aug. 20, 1990, 104 Stat. 654,
    provided that:
      "(a) General Rule. - The determination of whether temporary 1990
    census services constitute 'Federal service' for purposes of
    subchapter I of chapter 85 of title 5, United States Code, shall be
    made under the provisions of such subchapter without regard to any
    provision of law not contained in such subchapter.
      "(b) Temporary 1990 Census Services. - For purposes of subsection
    (a), the term 'temporary 1990 census services' means services
    performed by individuals appointed to temporary positions within
    the Bureau of the Census for purposes relating to the 1990
    decennial census of population (as determined under regulations
    determined by the Secretary of Commerce)."
      Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 215, provided
    that: "Services performed after April 20, 1990, by individuals
    appointed to temporary positions within the Bureau of the Census
    for purposes relating to the 1990 decennial census of population
    shall not constitute 'Federal service' for purposes of section 8501
    of title 5, United States Code."
      Pub. L. 101-86, Aug. 16, 1989, 103 Stat. 593, as amended by Pub.
    L. 101-293, Sec. 1, May 17, 1990, 104 Stat. 192, provided that
    Federal annuitants or former members of the uniformed services who
    return to Government service under temporary appointments to assist
    in carrying out the 1990 decennial census of population would be
    exempt from certain provisions of Title 5, Government Organization
    and Employees, relating to offsets from pay and other benefits.
      [Section 2 of Pub. L. 101-293 provided that amendment of Pub. L.
    101-86 by Pub. L. 101-293 may not be considered to make an
    exemption under Pub. L. 101-86 applicable to any service performed
    before May 17, 1990, which was in excess of that allowable under
    Pub. L. 101-86 (as then in effect).]

    POLICY AND PRACTICES OF BUREAU OF CENSUS REGARDING USE OF TEMPORARY
                            STAFF; PUBLICATION
      Pub. L. 97-454, Sec. 3, Jan. 12, 1983, 96 Stat. 2494, provided
    that: "Not later than 180 days after the effective date of this Act
    [Jan. 12, 1983], the Secretary of Commerce shall publish in the
    Federal Register a statement of the policy and practices of the
    Bureau of the Census relating to the administration of section
    23(c) of title 13, United States Code. Such statement shall include
    a description of - 
        "(1) the policy of the Secretary for the use of all individuals
      as temporary staff pursuant to such section 23(c) to assist the
      Bureau of the Census in performing work authorized under such
      title 13;
        "(2) the functions for which the Secretary, in his discretion,
      may appoint temporary staff to assist the Bureau in performing
      work authorized under such title 13;
        "(3) the practice applicable to the appointment of such
      temporary staff in performing such work;
        "(4) the requirements and penalties under such title applicable
      to temporary staff performing such work, together with safeguards
      to ensure that such temporary staff will observe the limitations
      imposed in section 9 of such title."

-End-



-CITE-
    13 USC Sec. 24                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-
    Sec. 24. Special employment provisions

-STATUTE-
      (a) The Secretary may utilize the services of nontemporary
    employees of the Bureau (by assignment, promotion, appointment,
    detail, or otherwise) in temporary positions established for any
    census, for not to exceed the period during which appropriations
    are available for that census. Whenever the Secretary determines
    that the services of an employee which have been utilized under
    this section are no longer required in such a temporary position,
    he may, without regard to the provisions of any other law, return
    the employee to a continuing position, with rank and compensation
    not less than that which he held in his last permanent position in
    the Bureau: Provided, That no employee shall, by reason of his
    service in a temporary position under this subsection, lose the
    protection of any law or regulation with respect to his separation,
    suspension, furlough, or reduction in rank or compensation below
    the level held in his last permanent position in the Bureau.
    Service by a nontemporary employee in a temporary position under
    this subsection shall be creditable for step-increases (both
    periodic and longevity) under title VII of the Classification Act
    of 1949, as amended, as though it were a continuation of service in
    his last permanent position.
      (b) As used in this title with respect to appointments or
    positions, "temporary" shall be construed to mean not in excess of
    one year, or not in excess of the specific period during which
    appropriations are available for the conduct of a particular
    census, whichever is longer. No employee of the Bureau who holds
    only a temporary appointment within the meaning of this section
    shall be considered as other than strictly temporary for purposes
    of any other provision of law relating to separations, suspensions,
    or reductions in rank or compensation.
      (c) The enlisted men and officers of the uniformed services may
    be appointed and compensated for service in temporary enumerator
    positions for the enumeration of personnel of the uniformed
    services.
      (d) The Secretary may fix compensation on a piece-price basis
    without limitation as to the amount earned per diem, and payments
    may be made to enumerators for the use of private automobiles on
    official business without regard to section 4 of the Travel Expense
    Act of 1949, as amended (5 U.S.C. 837), but at rates not in excess
    of the rates provided by that Act.
      (e) The Secretary may authorize the expenditure of necessary sums
    for travel expenses of persons selected for appointment for
    attendance at training courses held by the Department of Commerce
    with respect to any of the work provided for by law.
      (f) Notwithstanding any other provision of law prohibiting the
    expenditure of public money for telephone service, the Secretary,
    under such regulations as he shall prescribe, may authorize
    reimbursement for tolls or charges for telephone service from
    private residences or private apartments to the extent such charges
    are determined by the Secretary to have been incurred to facilitate
    the collection of information in connection with the censuses and
    surveys authorized by this title.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1015; Pub. L. 86-769, Sec. 3,
    Sept. 13, 1960, 74 Stat. 911; Pub. L. 88-535, Aug. 31, 1964, 78
    Stat. 744.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 111, 122, 203, 252,
    and section 1442 of title 42, U.S.C. 1952 ed., The Public Health
    and Welfare (Mar. 6, 1902, ch. 139, Sec. 7, 32 Stat. 52; June 7,
    1906, ch. 3048, 34 Stat. 218; June 18, 1929, ch. 28, Sec. 3, 46
    Stat. 21; 1939 Reorganization Plan No. II, Sec. 4(e), eff. July 1,
    1939, 4 F.R. 2731, 53 Stat. 1431; 1940 Reorganization Plan No. III,
    Sec. 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1232; June 25,
    1947, ch. 124, 61 Stat. 163; June 19, 1948, ch. 502, Sec. 2, 62
    Stat. 479; July 6, 1949, ch. 298, Secs. 1, 2, 63 Stat. 406; July
    15, 1949, ch. 338, title VI, Sec. 607, 63 Stat. 441; Oct. 28, 1949,
    ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Sept. 7, 1950, ch.
    910, Secs. 2, 4, 64 Stat. 784, 785).
      Section consolidates those provisions of sections 111, 122, 203
    and 252 of title 13, U.S.C., 1952 ed., which related to appointment
    of special personnel for census work, collection of statistics,
    etc., and the use of permanent employees for such purpose, with
    that part of subsection (b) of section 1442 of title 42, U.S.C.,
    1952 ed., which made such section 203 applicable to housing
    censuses (subchapter II of chapter 5 of this title).
      The provisions have been reworded to make it clear that they
    relate to all collections of statistics, censuses, etc., provided
    for in this title.
      References to the Director of the Census have been changed to
    references to the Secretary (of Commerce) to conform with 1950
    Reorganization Plan No. 5, Secs. 1, 2, eff. May 24, 1950, 15 F.R.
    3174, 64 Stat. 1263. See Revision Note to section 4 of this title.
      Words "except that such special agents shall be appointed in
    accordance with the civil service laws" were omitted as obsolete
    and unnecessary in view of the Classification Act of 1949 (see 5
    U.S.C., 1952 ed., ch. 21).
      The provisions of section 203 of title 13, U.S.C., 1952 ed.,
    relating to per diem rates of compensation for special agents, to
    authority to detail permanent employees and special agents to act
    as supervisors or enumerators, and to duties thereof, were omitted
    as obsolete and superseded by the Classification Act of 1949.
      The provision of section 203 of title 13, U.S.C., 1952 ed., that
    the Director of the Census might delegate to the supervisors the
    authority to appoint enumerators, was omitted because all functions
    of the Director and other officers and employees of the Department
    of Commerce and its bureaus and agencies were transferred to the
    Secretary by 1950 Reorganization Plan No. 5, referred to above.
    However, section 4 of this title provides for delegation of
    functions by the Secretary.
      Words "on a temporary basis" were inserted after "appointed" in
    subsection (a) for the purpose of clarity.
      Changes were made in phraseology and arrangement.
      Remainder of section 203 of title 13, U.S.C., 1952 ed., is
    incorporated in this subchapter, and for remainder of sections 111,
    122 and 252 thereof, and of section 1442 of title 42, U.S.C., 1952
    ed. (which has been transferred in its entirety to this revised
    title), see Distribution Table.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title VII of the Classification Act of 1949, as amended, referred
    to in subsec. (a), is title VII of act Oct. 28, 1949, ch. 872, 63
    Stat. 967, as amended, which was classified to sections 1121 to
    1123 of former Title 5, Executive Departments and Government
    Officers and Employees, and was repealed by Pub. L. 89-554, Sec.
    8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first
    section thereof as sections 5335 and 5336 of Title 5, Government
    Organization and Employees.
      Section 4 of the Travel Expense Act of 1949, as amended (5 U.S.C.
    837), referred to in subsec. (d), was repealed by Pub. L. 89-554,
    Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first
    section thereof as section 5704 of Title 5.


-MISC2-
                                AMENDMENTS                            
      1964 - Subsec. (f). Pub. L. 88-535 added subsec. (f).
      1960 - Pub. L. 86-769 amended section generally, and among other
    changes, permitted the utilization of nontemporary employees in
    temporary service, and their return, when the Secretary so
    determines, to a continuing position with rank and compensation not
    less than that of their last permanent position, with no loss of
    protection of any law or regulation with respect to their
    separation, suspension, furlough or reduction in rank or
    compensation below their last permanent position, provided that
    service by nontemporary employees in temporary positions is
    creditable for step-increases as though a continuation of their
    last permanent positions, defined "temporary", and provided for
    payments to enumerators for the use of private automobiles on
    official business.

     SALARY PROTECTION FOR EMPLOYEES SUBJECT TO CLASSIFICATION ACT OF
                                   1949
      Special provisions of this section respecting utilization of
    nontemporary employees of the Bureau of the Census in temporary
    positions in connection with any census unaffected by provisions
    for salary protection to employees subject to Classification Act of
    1949, see section 103 of Pub. L. 87-270, title I, Sept. 21, 1961,
    75 Stat. 569.

-End-



-CITE-
    13 USC Sec. 25                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-
    Sec. 25. Duties of supervisors, enumerators, and other employees

-STATUTE-
      (a) Each supervisor shall perform the duties imposed upon him by
    the Secretary in the enforcement of chapter 5 of this title in
    accordance with the Secretary's orders and instructions.
      (b) Each enumerator or other employee detailed to serve as
    enumerator shall be charged with the collection in his subdivision
    of the facts and statistics called for on such schedules as the
    Secretary determines shall be used by him in connection with any
    census or survey provided for by chapter 5 of this title.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1015; Pub. L. 88-530, Aug. 31,
    1964, 78 Stat. 737.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 122, 205, and section
    1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare
    (June 18, 1929, ch. 28, Sec. 5, 46 Stat. 22; June 19, 1948, ch.
    502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI, Sec.
    607, 63 Stat. 441).
      Section consolidates section 205 of title 13, U.S.C., 1952 ed.,
    with that part of section 122 of such title which made such section
    205 applicable to the surveys provided for by section 121 of such
    title (see subchapter IV of chapter 5), and with that part of
    subsection (b) of section 1442 of title 42, U.S.C., 1952 ed., which
    made such section 205 applicable to the censuses of housing.
      References to the Secretary, meaning the Secretary of Commerce,
    were substituted for references to the Director of the Census, to
    conform with 1950 Reorganization Plan No. 5, Secs. 1, 2, eff. May
    24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section
    4 of this title.
      Changes were made in phraseology and arrangement.

                                AMENDMENTS                            
      1964 - Subsec. (c). Pub. L. 88-530 repealed subsec. (c) which
    related to duties of enumerators in Bureau of the Census.

-End-



-CITE-
    13 USC Sec. 26                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 1 - ADMINISTRATION
    SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-
    Sec. 26. Transportation by contract

-STATUTE-
      The Secretary may contract with field employees for the rental
    and use within the continental limits of the United States of means
    of transportation, other than motorcycle, automobile, or airplane,
    and for the rental and use outside of the continental United States
    of any means of transportation, which means may be owned by the
    field employee. Such rental contracts shall be made without regard
    to section 4 of the Travel Expense Act of 1949, as amended (5
    U.S.C. 837). The rentals shall be at rates equivalent to the
    prevailing rental rates of the locality. The rental contracts
    within the continental United States may be entered into only when
    the use by the field employee of such other means of transportation
    is safer, more economical, or more advantageous to the Government
    than use of his motorcycle, automobile, or airplane in conducting
    the census.

-SOURCE-
    (Added Pub. L. 85-207, Sec. 6, Aug. 28, 1957, 71 Stat. 482.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4 of the Travel Expense Act of 1949, as amended (5 U.S.C.
    837), referred to in text, was repealed by Pub. L. 89-554, Sec.
    8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first
    section thereof as section 5704 of Title 5, Government Organization
    and Employees.

-End-


-CITE-
    13 USC CHAPTER 3 - COLLECTION AND PUBLICATION OF
           STATISTICS                                      01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS

-HEAD-
           CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS       


-MISC1-
                           SUBCHAPTER I - COTTON                       
    Sec.                                                     
    41.         Collection and publication.                           
    42.         Contents of reports; number of bales of linter;
                 distribution; publication by Department of
                 Agriculture.                                         
    43.         Records and reports of cotton ginners.                
    44.         Foreign cotton statistics.                            
    45.         Simultaneous publication of cotton reports.           

       SUBCHAPTER II - OILSEEDS, NUTS, AND KERNELS; FATS, OILS, AND
                                  GREASES
    61.         Collection and publication.                           
    62.         Additional statistics.                                
    63.         Duplicate collection of statistics prohibited; access
                 to available statistics.                             

                   SUBCHAPTER III - APPAREL AND TEXTILES               
    81.         Statistics on apparel and textile industries.         

              SUBCHAPTER IV - QUARTERLY FINANCIAL STATISTICS          
    91.         Collection and publication.                           

                       SUBCHAPTER V - MISCELLANEOUS                   
    101.        Defective, dependent, and delinquent classes; crime.  
    102.        Religion.                                             
    103.        Designation of reports.                               

                                AMENDMENTS                            
      1986 - Pub. L. 99-467, Sec. 1(b), Oct. 14, 1986, 100 Stat. 1192,
    redesignated items for subchapters III and IV as subchapters IV and
    V, respectively, and added items for subchapter III and section 81.
      1983 - Pub. L. 97-454, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2494,
    redesignated item for subchapter III as subchapter IV and added
    items for subchapter III and section 91.

-End-


-CITE-
    13 USC SUBCHAPTER I - COTTON                                01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER I - COTTON

-HEAD-
                           SUBCHAPTER I - COTTON                       

-End-



-CITE-
    13 USC Sec. 41                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER I - COTTON

-HEAD-
    Sec. 41. Collection and publication

-STATUTE-
      The Secretary shall collect and publish statistics concerning the
    - 
        (1) amount of cotton ginned;
        (2) quantity of raw cotton consumed in manufacturing
      establishments of every character;
        (3) quantity of baled cotton on hand;
        (4) number of active consuming cotton spindles;
        (5) number of active spindle hours; and
        (6) quantity of cotton imported and exported, with the country
      of origin and destination.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1016.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 71 (Apr. 2, 1924, ch.
    80, Sec. 1, 43 Stat. 31; June 18, 1929, ch. 28, Sec. 21, 46 Stat.
    26).
      "Secretary" was substituted for "Director of the Census" to
    conform with 1950 Reorganization Plan No. 5, Secs. 1, 2, effective
    May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to
    section 4 of this title.
      Changes were made in phraseology and arrangement.

-End-



-CITE-
    13 USC Sec. 42                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER I - COTTON

-HEAD-
    Sec. 42. Contents of reports; number of bales of linter;
      distribution; publication by Department of Agriculture

-STATUTE-
      (a) The statistics of the quantity of cotton ginned shall show
    the quantity ginned from each crop prior to August 1, September 1,
    September 15, October 1, October 15, November 1, November 15,
    December 1, December 15, January 1, January 15, February 1, and
    March 1; but the Secretary may limit the canvasses of August 1 and
    September 1 to those sections of the cotton-growing States in which
    cotton has been ginned.
      (b) The quantity of cotton consumed in manufacturing
    establishments, the quantity of baled cotton on hand, the number of
    active consuming cotton spindles, the number of active spindle-
    hours, and the statistics of cotton imported and exported shall
    relate to each month, and shall be published as soon as possible
    after the close of the month.
      (c) In collecting and publishing statistics of cotton on hand in
    warehouses and other storage establishments, and of cotton known as
    the "carry-over" in the United States, the Secretary shall
    ascertain and publish as a separate item in the report of cotton
    statistics the number of bales of linters as distinguished from the
    number of bales of cotton.
      (d) The Secretary shall furnish to the Department of Agriculture,
    immediately prior to the publication of each report of that
    Department regarding the cotton crop, the latest available
    statistics hereinbefore mentioned, and the Department of
    Agriculture shall publish the same in connection with each of its
    reports concerning cotton.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1016; Pub. L. 92-331, Sec. 4,
    June 30, 1972, 86 Stat. 400.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 72, 72a (Apr. 2, 1924,
    ch. 80, Sec. 2, 43 Stat. 31; June 18, 1929, ch. 28, Sec. 21, 46
    Stat. 26; June 27, 1930, ch. 639, 46 Stat. 821; June 28, 1949, ch.
    256, Sec. 1, 63 Stat. 278).
      Section consolidates sections 72 and 72a of title 13, U.S.C.,
    1952 ed.
      "Secretary" was substituted for "Director of the Census" to
    conform with 1950 Reorganization Plan No. 5, Secs. 1, 2, effective
    May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to
    section 4 of this title.
      Changes were made in phraseology and arrangement.

                                AMENDMENTS                            
      1972 - Subsec. (a). Pub. L. 92-331 substituted "September 1,
    September 15, October 1, October 15, November 1, November 15,
    December 1, December 15, January 1, January 15, February 1," for
    "August 16, September 1, September 16, October 1, October 18,
    November 1, November 14, December 1, December 13, January 16," and
    "September 1" for "August 16".

-End-



-CITE-
    13 USC Sec. 43                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER I - COTTON

-HEAD-
    Sec. 43. Records and reports of cotton ginners

-STATUTE-
      Every cotton ginner shall keep a record of the county or parish
    in which each bale of cotton ginned by him is grown and report at
    the completion of the ginning season, but not later than the March
    canvass, of each year a segregation of the total number of bales
    ginned by counties or parishes in which grown.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1016; Pub. L. 92-143, Oct. 15,
    1971, 85 Stat. 393.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 74 (Apr. 2, 1924, ch.
    80, Sec. 4, 43 Stat. 32; June 18, 1929, ch. 28, Sec. 21, 46 Stat.
    26; June 14, 1938, ch. 358, 52 Stat. 678).
      Section was derived from second paragraph of section 74 of title
    13, U.S.C., 1952 ed. For remainder of such section 74, see
    Distribution Table.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1971 - Pub. L. 92-143 inserted "completion of the ginning season,
    but not later than the".

-End-



-CITE-
    13 USC Sec. 44                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER I - COTTON

-HEAD-
    Sec. 44. Foreign cotton statistics

-STATUTE-
      In addition to the information regarding cotton in the United
    States provided for in this subchapter, the Secretary shall
    compile, by correspondence or the use of published reports and
    documents, any available information concerning the production,
    consumption, and stocks of cotton in foreign countries, and the
    number of cotton-consuming spindles in such countries. Each report
    published by the Department of Commerce or agency or bureau thereof
    regarding cotton shall contain an abstract of the latest available
    information obtained under the provisions of this section, and the
    Secretary shall furnish the same to the Department of Agriculture
    for publication in connection with the reports of that department
    concerning cotton in the same manner as in the case of statistics
    relating to the United States.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1016.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 75 (Apr. 2, 1924, ch.
    80, Sec. 5, 43 Stat. 32; June 18, 1929, ch. 28, Sec. 21, 46 Stat.
    26).
      References to the Director of the Census were changed to
    references to the Secretary (of Commerce), and words "Department of
    Commerce or agency or bureau thereof" were substituted for "Bureau
    of the Census", to conform with 1950 Reorganization Plan No. 5,
    Secs. 1, 2, effective May 24, 1950, 15 F.R. 3174, 64 Stat. 1263.
    See Revision Note to section 4 of this title.
      Changes were made in phraseology.

-End-



-CITE-
    13 USC Sec. 45                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER I - COTTON

-HEAD-
    Sec. 45. Simultaneous publication of cotton reports

-STATUTE-
      The reports of cotton ginned to the dates as of which the
    Department of Agriculture is also required to issue cotton crop
    reports shall be issued simultaneously with the cotton crop reports
    of that department, the two reports to be issued from the same
    place at 3 o'clock postmeridian on or before the 12th day of the
    month to which the respective reports relate.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1017; Pub. L. 92-331, Sec. 3,
    June 30, 1972, 86 Stat. 400.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 76 (Apr. 2, 1924, ch.
    80, Sec. 6, 43 Stat. 32; June 18, 1929, ch. 28, Sec. 21, 46 Stat.
    26; June 28, 1949, ch. 256, Sec. 2, 63 Stat. 278).

                                AMENDMENTS                            
      1972 - Pub. L. 92-331 substituted provisions requiring the two
    reports to be issued from the same place at 3 o'clock postmeridian
    on or before the 12th day of the month to which the respective
    reports relate for provisions requiring the two reports to be
    issued from the same place at 11 o'clock antemeridian on the 8th
    day following that on which the respective reports relate, and
    struck out provisions setting forth the date of release in the
    event the original release date falls on a Sunday, legal holiday,
    or other nonworkday in the Department of Commerce at Washington.

-End-


-CITE-
    13 USC SUBCHAPTER II - OILSEEDS, NUTS, AND KERNELS; FATS,
           OILS, AND GREASES                               01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER II - OILSEEDS, NUTS, AND KERNELS; FATS, OILS, AND GREASES

-HEAD-
       SUBCHAPTER II - OILSEEDS, NUTS, AND KERNELS; FATS, OILS, AND
                                  GREASES

-End-



-CITE-
    13 USC Sec. 61                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER II - OILSEEDS, NUTS, AND KERNELS; FATS, OILS, AND GREASES

-HEAD-
    Sec. 61. Collection and publication

-STATUTE-
      (a) The Secretary shall collect, collate, and publish monthly
    statistics concerning - 
        (1) the quantities of - 
          (A) cotton seed, soybeans, peanuts, flaxseed, corn germs,
        copra, sesame seed, babassu nuts and kernels, and other
        oilseeds, nuts, and kernels received, crushed, and on hand at
        oil mills;
          (B) crude and refined oils, cakes, and meals, and other
        primary products, by type or kind, of the seeds, nuts, and
        kernels referred to in clause (A) of this paragraph,
        manufactured, shipped out, and on hand at oil mills and
        processing establishments;
          (C) crude and refined vegetable oils, by type or kind, used
        by class of product and held by manufacturers of vegetable
        shortening, margarine, soap, and other principal products using
        large quantities of vegetable oils;
          (D) crude and refined vegetable oils, by type or kind, held
        in warehouses and in transit to consuming establishments; and

        (2) the quantities, by types or kinds, of - 
          (A) animal fats and oils and greases produced;
          (B) animal fats and oils and greases shipped and held by
        producers;
          (C) animal fats and oils and greases, fish and marine mammal
        oils used by class of product and held by manufacturers of
        shortening, margarine, soap, and other principal products which
        require the use of large quantities of animal fats and oils and
        greases, fish and marine mammal oils;
          (D) animal fats and oils and greases, fish and marine mammal
        oils held in warehouses, cold storage, and in transit to
        consuming establishments.

      (b) The Secretary shall not be required to collect, more
    frequently than he deems necessary to provide reliable statistical
    reports, information from any person who produces, holds, or
    consumes fats and oils in inconsequential quantities.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1017.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 81 (Aug. 7, 1916, ch.
    274, Sec. 1, 39 Stat. 436; July 25, 1947, ch. 331, 61 Stat. 457).
      References to the Secretary (of Commerce) were substituted for
    references to the Director of the Census, to conform with 1950
    Reorganization Plan No. 5, Secs. 1, 2, effective May 24, 1950, 15
    F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this
    title.
      Changes were made in phraseology and arrangement.

-End-



-CITE-
    13 USC Sec. 62                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER II - OILSEEDS, NUTS, AND KERNELS; FATS, OILS, AND GREASES

-HEAD-
    Sec. 62. Additional statistics

-STATUTE-
      This subchapter does not restrict or limit the Secretary in the
    collection and publication, under the general authority of the
    Secretary, of such statistics on fats and oils or products thereof
    not specifically required in this subchapter, as he deems to be in
    the public interest.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1018.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 85 (Aug. 7, 1916, ch.
    274, Sec. 5, as added July 25, 1947, ch. 331, 61 Stat. 457).
      References to the Secretary (of Commerce) were substituted for
    reference to the Director of the Census and for reference to the
    Bureau (of the Census), to conform with 1950 Reorganization Plan
    No. 5, Secs. 1, 2, effective May 24, 1950, 15 F.R. 3174, 64 Stat.
    1263. See Revision Note to section 4 of this title.
      Changes were made in phraseology.

-End-



-CITE-
    13 USC Sec. 63                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER II - OILSEEDS, NUTS, AND KERNELS; FATS, OILS, AND GREASES

-HEAD-
    Sec. 63. Duplicate collection of statistics prohibited; access to
      available statistics

-STATUTE-
      Statistics required under Federal law, as of the effective date
    of this title, to be collected by any other Federal department or
    agency in a manner comparable both as to form and period of time to
    the collection of statistics provided for by this subchapter shall
    not be collected by the Secretary under the authority of this
    subchapter. Immediately upon his request, the Secretary shall have
    access to any such statistics and shall include them in the
    publication required by this subchapter.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1018.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 86 (Aug. 7, 1916, ch.
    274, Sec. 6, as added July 25, 1947, ch. 331, 61 Stat. 457).
      References to the Secretary (of Commerce) were substituted for
    references to the Director of the Census to conform with 1950
    Reorganization Plan No. 5, Secs. 1, 2, effective May 24, 1950, 15
    F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this
    title.
      Words ", as of the effective date of this title," were inserted
    in the first sentence for the purpose of clarity.
      Changes were made in phraseology.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this title, referred to in text, is Jan. 1,
    1955.

-End-


-CITE-
    13 USC SUBCHAPTER III - APPAREL AND TEXTILES                01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER III - APPAREL AND TEXTILES

-HEAD-
                   SUBCHAPTER III - APPAREL AND TEXTILES               

-End-



-CITE-
    13 USC Sec. 81                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER III - APPAREL AND TEXTILES

-HEAD-
    Sec. 81. Statistics on apparel and textile industries

-STATUTE-
      The Secretary shall collect and publish quarterly statistics
    relating to domestic apparel and textile industries.

-SOURCE-
    (Added Pub. L. 99-467, Sec. 1(a), Oct. 14, 1986, 100 Stat. 1192.)

-End-


-CITE-
    13 USC SUBCHAPTER IV - QUARTERLY FINANCIAL STATISTICS       01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER IV - QUARTERLY FINANCIAL STATISTICS

-HEAD-
              SUBCHAPTER IV - QUARTERLY FINANCIAL STATISTICS          


-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-467, Sec. 1(a), Oct. 14, 1986, 100 Stat. 1192,
    substituted "IV" for "III" as subchapter designation.

-End-



-CITE-
    13 USC Sec. 91                                              01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER IV - QUARTERLY FINANCIAL STATISTICS

-HEAD-
    Sec. 91. Collection and publication

-STATUTE-
      (a) The Secretary shall collect and publish quarterly financial
    statistics of business operations, organization, practices,
    management, and relation to other businesses, including data on
    sales, expenses, profits, assets, liabilities, stockholders'
    equity, and related accounts generally used by businesses in income
    statements, balance sheets, and other measures of financial
    condition.
      (b) Except to the extent determined otherwise by the Secretary on
    the basis of changed circumstances, the nature of statistics
    collected and published under this section, and the manner of the
    collection and publication of such statistics, shall conform to the
    quarterly financial reporting program carried out by the Federal
    Trade Commission before the effective date of this section under
    section 6(b) of the Federal Trade Commission Act.
      (c) For purposes of section 6103(j)(1) of the Internal Revenue
    Code of 1986, the conducting of the quarterly financial report
    program under this section shall be considered as the conducting of
    a related statistical activity authorized by law.
      (d)(1) The Secretary shall not select an organization or entity
    for participation in a survey, if - 
        (A) the organization or entity - 
          (i) has assets of less than $50,000,000;
          (ii) completed participation in a prior survey in the
        preceding 10-year period, as determined by the Secretary; and
          (iii) was selected for that prior survey participation after
        September 30, 1990; or

        (B) the organization or entity - 
          (i) has assets of more than $50,000,000 and less than
        $100,000,000;
          (ii) completed participation in a prior survey in the
        preceding 2-year period, as determined by the Secretary; and
          (iii) was selected for that prior survey participation after
        September 30, 1995.

      (2)(A) The Secretary shall furnish advice and similar assistance
    to ease the burden of a small business concern which is attempting
    to compile and furnish the business information required of
    organizations and entities participating in the survey.
      (B) To facilitate the provision of the assistance under
    subparagraph (A), the Secretary shall establish a toll-free
    telephone number.
      (C) The Secretary shall expand the use of statistical sampling
    techniques to select organizations and entities having assets less
    than $100,000,000 to participate in the survey.
      (3) The Secretary may undertake such additional paperwork burden
    reduction initiatives with respect to the conduct of the survey as
    may be deemed appropriate by the Secretary.
      (4) For purposes of this subsection:
        (A) The term "small business concern" means a business concern
      that meets the requirements of section 3(a) of the Small Business
      Act and the regulations promulgated pursuant thereto.
        (B) The term "survey" means the collection of information by
      the Secretary pursuant to this section for the purpose of
      preparing the publication entitled "Quarterly Financial Report
      for Manufacturing, Mining, and Trade Corporations".

-SOURCE-
    (Added Pub. L. 97-454, Sec. 1(a)(2), Jan. 12, 1983, 96 Stat. 2494;
    amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub.
    L. 104-13, Sec. 3, May 22, 1995, 109 Stat. 184.)


-STATAMEND-
                          TERMINATION OF SECTION                      
      For termination of section by section 4(b) of Pub. L. 97-454, see
    Effective and Termination Date note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this section, referred to in subsec. (b),
    is Jan. 12, 1983, see Effective and Termination Date note set out
    below.
      Section 6(b) of the Federal Trade Commission Act, referred to in
    subsec. (b), is classified to section 46(b) of Title 15, Commerce
    and Trade.
      Section 6103(j)(1) of the Internal Revenue Code of 1986, referred
    to in subsec. (c), is classified to section 6103(j)(1) of Title 26,
    Internal Revenue Code.
      Section 3(a) of the Small Business Act, referred to in subsec.
    (d)(4)(A), is classified to section 632(a) of Title 15, Commerce
    and Trade.


-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (d). Pub. L. 104-13 added subsec. (d).
      1986 - Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954".

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by Pub. L. 104-13 effective Oct. 1, 1995, see section
    4(a) of Pub. L. 104-13, set out as an Effective Date note under
    section 3501 of Title 44, Public Printing and Documents.

            EFFECTIVE AND TERMINATION DATE; REPORT TO CONGRESS        
      Pub. L. 97-454, Sec. 4, Jan. 12, 1983, 96 Stat. 2495, as amended
    by Pub. L. 101-227, Sec. 1, Dec. 12, 1989, 103 Stat. 1943; Pub. L.
    103-105, Sec. 1(a), Oct. 12, 1993, 107 Stat. 1030; Pub. L. 105-252,
    Sec. 1, Oct. 9, 1998, 112 Stat. 1886; Pub. L. 109-79, Sec. 1, Sept.
    30, 2005, 119 Stat. 2044, provided that:
      "(a) This Act [enacting section 91 of this title and provisions
    set out as notes under sections 23 and 91 of this title] shall take
    effect on the date of the enactment of this Act [Jan. 12, 1983].
      "(b) This Act, including the amendments made by this Act, shall
    cease to have effect after September 30, 2015.
      "(c) Not later than 2 years after such effective date [Jan. 12,
    1983], the Secretary of Commerce shall submit a report to the
    Congress regarding the administration of the program transferred by
    this Act [enacting section 91 of this title and provisions set out
    as notes under sections 23 and 91 of this title]. Such report shall
    describe - 
        "(1) the estimated respondent burden, including any changes in
      the estimated respondent burden after the transfer of such
      program;
        "(2) the application made by various public and private
      organizations of the information published under such program;
      and
        "(3) technical or administration problems encountered in
      carrying out such program."
      [Section 1(b) of Pub. L. 103-105 provided that: "The amendment
    made under subsection (a) [amending section 4 of Pub. L. 97-454,
    set out above] shall take effect on September 30, 1993.]


-TRANS-
     TRANSFER OF FUNCTIONS RELATING TO QUARTERLY FINANCIAL STATISTICS 
      Section 2 of Pub. L. 97-454, as amended by Pub. L. 99-514, Sec.
    2, Oct. 22, 1986, 100 Stat. 2095, provided that:
      "(a) There are transferred to the Secretary of Commerce, for
    administration under section 91 of title 13, United States Code,
    all functions relating to the quarterly financial report program
    which was carried out by the Federal Trade Commission before the
    effective date of this Act [Jan. 12, 1983] pursuant to the
    authority of section 6(b) of the Federal Trade Commission Act (15
    U.S.C. 46(b)).
      "(b) All personnel, property, and records of the Federal Trade
    Commission which the Director of the Office of Management and
    Budget determines, after consultation with the Secretary of
    Commerce and the Chairman of the Federal Trade Commission, to be
    employed, held, or used in connection with any function relating to
    the quarterly financial report program shall be transferred to the
    Department of Commerce. For purposes of sections 6103, 7213, and
    7431, and other provisions of the Internal Revenue Code of 1986 [26
    U.S.C. 6103, 7213, 7431], return information (as defined in section
    6103(b) of such Code) which is transferred under this subsection
    shall be treated as if it were furnished to the Bureau of the
    Census under section 6103(j)(1) of such Code solely for
    administering the quarterly financial report program under section
    91 of title 13, United States Code. Such transfer shall be carried
    out not later than 90 days after the effective date of this Act
    [Jan. 12, 1983]."

-End-


-CITE-
    13 USC SUBCHAPTER V - MISCELLANEOUS                         01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER V - MISCELLANEOUS

-HEAD-
                       SUBCHAPTER V - MISCELLANEOUS                   


-MISC1-
                                AMENDMENTS                            
      1986 - Pub. L. 99-467, Sec. 1(a), Oct. 14, 1986, 100 Stat. 1192,
    substituted "V" for "IV" as subchapter designation.
      1983 - Pub. L. 97-454, Sec. 1(a)(1), Jan. 12, 1983, 96 Stat.
    2494, substituted "IV" for "III" as subchapter designation.

-End-



-CITE-
    13 USC Sec. 101                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER V - MISCELLANEOUS

-HEAD-
    Sec. 101. Defective, dependent, and delinquent classes; crime

-STATUTE-
      (a) The Secretary may collect decennially statistics relating - 
        (1) to the defective, dependent, and delinquent classes; and
        (2) to crime, including judicial statistics pertaining thereto.

      (b) The statistics authorized by subsection (a) of this section
    shall include information upon the following questions, namely:
    age, sex, color, nativity, parentage, literacy by race, color,
    nativity, and parentage, and such other questions relating to such
    subjects as the Secretary deems proper.
      (c) In addition to the decennial collections authorized by
    subsections (a) and (b) of this section, the Secretary may compile
    and publish annually statistics relating to crime and to the
    defective, dependent, and delinquent classes.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1018.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 111, 113 (Mar. 6,
    1902, ch. 139, Sec. 7, 32 Stat. 52; June 7, 1906, ch. 3048, 34
    Stat. 218; June 18, 1929, ch. 28, Sec. 3, 46 Stat. 21; Mar. 4,
    1931, ch. 490, 46 Stat. 1517; 1939 Reorganization Plan No. II, Sec.
    4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431; 1940
    Reorganization Plan No. III, Sec. 3, 5 F.R. 2107, 54 Stat. 1232;
    June 25, 1947, ch. 124, 61 Stat. 163; Sept. 7, 1950, ch. 910, Sec.
    4, 64 Stat. 785).
      Section consolidates part of section 111 of title 13, U.S.C.,
    1952 ed., with section 113 of such title which also related to
    statistics with respect to crime and to the "defective, dependent,
    and delinquent classes".
      "Secretary", meaning the Secretary of Commerce, was substituted
    for "Director of the Census" to conform with Reorganization Plan
    No. 5, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263.
    See Revision Note to section 4 of this title.
      The provisions of section 111 of title 13, U.S.C., 1952 ed.,
    authorizing statistics relating to transportation by water, and
    express business, to mines, mining, quarries, and minerals, to
    savings banks and other savings institutions, mortgage, loan, and
    investment companies, and similar institutions, and to street
    railways, electric light and power, telephone, and telegraph
    business, were omitted as superseded and covered by sections 121-
    123 of such title (enacted in 1948), which are set out elsewhere
    in this title. See Distribution Table.
      Section 111 of title 13, U.S.C., 1952 ed., also authorized the
    decennial collection of statistics relating to the fishing industry
    "in cooperation with the Fish and Wildlife Service". In the basic
    statutory provision (see amendment by act June 7, 1906, ch. 3048,
    34 Stat. 218, "Fish and Wildlife Service" read "Bureau of
    Fisheries" and it was changed, by the codifiers, in such section
    111 to the former designation because of 1940 Reorganization Plan
    No. III, Sec. 3, 5 F.R. 2107, 54 Stat. 1232, which consolidated the
    Bureau of Fisheries and the Bureau of Biological Survey into one
    agency to be known as the "Fish and Wildlife Service". However, at
    the time of the enactment of the 1906 act, referred to above, both
    the Bureau of the Fisheries, and the Census Bureau (then referred
    to as the "Census Office"), were in the Department of Commerce. The
    Bureau of Fisheries was transferred to the Department of the
    Interior by 1939 Reorganization Plan No. II, Sec. 4(e), 4 F.R.
    2731, 53 Stat. 1431, and it is within that department that the Fish
    and Wildlife Service now functions. Therefore, such provision in
    section 111 of title 13, U.S.C., 1952 ed., has been omitted from
    this revised title as obsolete. In any event section 121 of title
    13, U.S.C., 1952 ed. (subchapter I of chapter 5 of this revised
    title) is broad enough to authorize such collection.
      The provisions of section 111 of title 13, U.S.C., 1952 ed.,
    which authorized statistics relating to religion, and the
    provisions thereof which related to the designation of reports, are
    set out as separate sections in this subchapter; and the provisions
    thereof which related to the preparation of schedules, and which
    authorized the appointment of special agents, are set out in
    chapter 1 of this title. See Distribution Table.
      The proviso in section 111 of title 13, U.S.C., 1952 ed., which
    prohibited the collection of statistics relating to religious or
    church membership when the disclosure of such information was
    prohibited by religious or church doctrine, teaching or discipline,
    has been incorporated in chapter 7 of this title. See Distribution
    Table.

-End-



-CITE-
    13 USC Sec. 102                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER V - MISCELLANEOUS

-HEAD-
    Sec. 102. Religion

-STATUTE-
      The Secretary may collect decennially statistics relating to
    religious bodies.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1018.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 111 (Mar. 6, 1902, ch.
    139, Sec. 7, 32 Stat. 52; June 7, 1906, ch. 3048, 34 Stat. 218;
    June 18, 1929, ch. 28, Sec. 3, 46 Stat. 21; 1939 Reorganization
    Plan No. II, Sec. 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
    1431; 1940 Reorganization Plan No. III, Sec. 3, eff. June 30, 1940,
    5 F.R. 2107, 54 Stat. 1232; June 25, 1947, ch. 124, 61 Stat. 163;
    Sept. 7, 1950, ch. 910, Sec. 4, 64 Stat. 785).
      Section was taken from that part of section 111 of title 13,
    U.S.C., 1952 ed., which related to statistics on religion. For
    remainder of such section 111, see this subchapter and Distribution
    Table.
      Changes were made in phraseology.

-End-



-CITE-
    13 USC Sec. 103                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 3 - COLLECTION AND PUBLICATION OF STATISTICS
    SUBCHAPTER V - MISCELLANEOUS

-HEAD-
    Sec. 103. Designation of reports

-STATUTE-
      All reports covering any of the statistics collected under the
    provisions of this subchapter shall be designated as "Special
    Reports" followed by the name of whatever bureau or agency of the
    Department of Commerce is designated by the Secretary to collect
    and compile such statistics.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1018.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 111 (Mar. 6, 1902, ch.
    139, Sec. 7, 32 Stat. 52; June 7, 1906, ch. 3048, 34 Stat. 218;
    June 18, 1929, ch. 28, Sec. 3, 46 Stat. 21; 1939 Reorganization
    Plan No. II, Sec. 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
    1431; 1940 Reorganization Plan No. III, Sec. 3, eff. June 30, 1940,
    5 F.R. 2107, 54 Stat. 1232; June 25, 1947, ch. 124, 61 Stat. 163;
    Sept. 7, 1950, ch. 910, Sec. 4, 64 Stat. 785).
      Section was taken from that part of section 111 of title 13,
    U.S.C., 1952 ed., which related to designation of reports prepared
    under that section. For remainder of such section 111, see this
    subchapter, and Distribution Table.
      Section 111 of title 13, U.S.C. 1952 ed., provided that the
    reports prepared under the provisions of that section should be
    designated as "Special Reports of the Census Office". In this
    revised section it is provided that such reports shall be
    designated as " 'Special Reports' followed by the name of whatever
    bureau or agency of the Department of Commerce is designated by the
    Secretary to collect and compile such statistics". This change
    conforms with 1950 Reorganization Plan No. 5, Secs. 1, 2, eff. May
    24, 1950, 15 F.R. 3174, 64 Stat. 1263, which transferred the
    functions of all agencies, bureaus, officers, and employees of the
    Department of Commerce to the Secretary, and vested power in him to
    delegate any of such transferred functions, or any of his other
    functions, to any of such agencies, bureaus, officers, or
    employees. See section 4 of this title.
      Changes were made in phraseology.
      Section 7 of the act of Mar. 6, 1902, ch. 139, 32 Stat. 52, cited
    above, from which section 111 of title 13, U.S.C., 1952 ed., was
    derived, contained additional provisions (which were not classified
    to the United States Code) relating to the duty of the Director of
    the Census to publish the Official Register of the United States,
    and to the transmission to him of the data to be included therein.
    Such provisions have been omitted as they were superseded by act
    Mar. 3, 1925, ch. 421, Sec. 2(a)(b), 43 Stat. 1105, which was
    formerly classified to section 3 of title 13, U.S.C., 1952 ed., and
    which, in turn, was repealed by section 5 of act Aug. 28, 1935, ch.
    795, 49 Stat. 957, and superseded by sections 1 and 2 of that act.
    Such sections 1 and 2, as amended, are classified to section 654 of
    title 5, U.S.C., 1952 ed., Executive Departments and Government
    Officers and Employees. Under that section, the Official Register
    is published by the Civil Service Commission. Provisions relating
    to its distribution are contained in sections 139, 139a and 280a of
    title 44, U.S.C., 1952 ed., Public Printing and Documents.

-End-


-CITE-
    13 USC CHAPTER 5 - CENSUSES                                 01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES

-HEAD-
                           CHAPTER 5 - CENSUSES                       


-MISC1-
        SUBCHAPTER I - MANUFACTURES, MINERAL INDUSTRIES, AND OTHER
                                BUSINESSES
    Sec.                                                     
    131.        Collection and publication; five-year periods.        
    132.        Controlling law; effect on other agencies.            

           SUBCHAPTER II - POPULATION, HOUSING, AND UNEMPLOYMENT       
    141.        Population and other census information.              
    [142 to 146. Repealed.]                                           

                       SUBCHAPTER III - GOVERNMENTS                   
    161.        Quinquennial censuses; inclusion of certain data.     
    [162.       Repealed.]                                            
    163.        Authority of other agencies.(!1)                       

                   SUBCHAPTER IV - INTERIM CURRENT DATA               
    181.        Population.                                           
    182.        Surveys.                                              
    183.        Use of most recent population data.                   
    184.        Definitions.                                          

       SUBCHAPTER V - GEOGRAPHIC SCOPE, PRELIMINARY AND SUPPLEMENTAL
                      STATISTICS, AND USE OF SAMPLING
    191.        Geographic scope of censuses.                         
    193.        Preliminary and supplemental statistics.              
    195.        Use of sampling.                                      
    196.        Special censuses.                                     

                                AMENDMENTS                            
      1997 - Pub. L. 105-113, Sec. 3(b)(2), Nov. 21, 1997, 111 Stat.
    2275, substituted "POPULATION, HOUSING, AND UNEMPLOYMENT" for
    "POPULATION, HOUSING, AGRICULTURE, IRRIGATION, AND UNEMPLOYMENT" in
    the item for subchapter II, and struck out item 142 "Agriculture
    and irrigation".
      1986 - Pub. L. 99-544, Sec. 1(c), Oct. 27, 1986, 100 Stat. 3046,
    substituted "IRRIGATION, AND UNEMPLOYMENT" for "IRRIGATION,
    DRAINAGE, AND UNEMPLOYMENT" in item for subchapter II, and
    "Agriculture and irrigation" for "Agriculture, irrigation, and
    drainage" in item 142.
      1976 - Pub. L. 94-521, Secs. 7(b), 8(b), 11(b), Oct. 17, 1976, 90
    Stat. 2462-2464, substituted "Population and other census
    information" for "Population, unemployment, and housing" in item
    141, without reference to amendment thereto by Pub. L. 94-171, and
    added items 181 to 184 and 196, respectively.
      1975 - Pub. L. 94-171, Sec. 2(b), Dec. 23, 1975, 89 Stat. 1024,
    inserted "; tabulation for legislative apportionment" in item 141.
      1957 - Pub. L. 85-207, Sec. 7, Aug. 28, 1957, 71 Stat. 482, in
    amending analysis generally, substituted "MANUFACTURES" for
    "MANUFACTURERS" in item for subchapter I; substituted in item 141
    "Population, unemployment, and housing" for "Population,
    agriculture, irrigation, drainage, and unemployment; territory
    included", and in item 142 "Agriculture, irrigation, and drainage."
    for "Housing, scope of inquiries; territory included; supplementary
    statistics.", struck out items 143 to 146, 162 and 163; and added
    Subchapter V.

-FOOTNOTE-
    (!1) Item 163 editorially inserted because section 163 is still in
         existence. Item 163 was eliminated in the general amendment of
         analysis by Pub. L. 85-207, Sec. 7, Aug. 28, 1957, 71 Stat.
         482.


-End-


-CITE-
    13 USC SUBCHAPTER I - MANUFACTURES, MINERAL INDUSTRIES,
           AND OTHER BUSINESSES                            01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER I - MANUFACTURES, MINERAL INDUSTRIES, AND OTHER
                    BUSINESSES                  

-HEAD-
        SUBCHAPTER I - MANUFACTURES, MINERAL INDUSTRIES, AND OTHER
                                BUSINESSES

-End-



-CITE-
    13 USC Sec. 131                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER I - MANUFACTURES, MINERAL INDUSTRIES, AND OTHER
                    BUSINESSES                  

-HEAD-
    Sec. 131. Collection and publication; five-year periods

-STATUTE-
      The Secretary shall take, compile, and publish censuses of
    manufactures, of mineral industries, and of other businesses,
    including the distributive trades, service establishments, and
    transportation (exclusive of means of transportation for which
    statistics are required by law to be filed with, and are compiled
    and published by, a designated regulatory body), in the year 1964,
    then in the year 1968, and every fifth year thereafter, and each
    such census shall relate to the year immediately preceding the
    taking thereof.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1019; Pub. L. 85-207, Sec. 8,
    Aug. 28, 1957, 71 Stat. 482; Pub. L. 88-532, Aug. 31, 1964, 78
    Stat. 737.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 121 (June 19, 1948, ch.
    502, Sec. 1, 62 Stat. 478; June 18, 1954, ch. 315, 68 Stat. 258).
      Section was subsection (a) of section 121 of title 13, U.S.C.,
    1952 ed. The remainder of such section 121, which constituted
    subsection (b) thereof, is incorporated in subchapter IV of this
    chapter.
      At the beginning, "The Secretary", meaning the Secretary of
    Commerce, was substituted for a reference to the Director of the
    Bureau of the Census, and, at the end, the provision that the
    territorial scope of the censuses should be determined by the
    Secretary was substituted for the provision of section 121 of title
    13, U.S.C., 1952 ed., that such determination should be made by the
    Director with the approval of the Secretary, to conform with 1950
    Reorganization Plan No. 5, Secs. 1, 2, eff. May 24, 1950, 15 F.R.
    3174, 64 Stat. 1263, which transferred all functions of all
    officers and employees, agencies and bureaus of the Department of
    Commerce to the Secretary. However, the Secretary, under that plan,
    may delegate any of such transferred functions, as well as any
    other of his functions, to any of such officers, employees,
    agencies and bureaus. See, also, section 4 of this title.
      The reference in section 121 of title 13, U.S.C., 1952 ed., to
    the year "1949" as the year for commencement of the quinquennial
    censuses was changed to the year "1954", since the former
    designation is obsolete, and the provision of such section that the
    census of manufacturers should not be taken in 1949 was omitted as
    obsolete.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1964 - Pub. L. 88-532 substituted "in the year 1964, then in the
    year 1968, and" for "in the year 1954 and" and struck out
    provisions which related to the taking of certain censuses in the
    year 1955.
      1957 - Pub. L. 85-207 struck out sentence which included the
    United States and its territories and such possessions as the
    Secretary might determine in the censuses to be taken. See section
    191 of this title.

          CENSUS DATA ON WOMEN OWNED BUSINESSES; STUDY AND REPORT      
      Pub. L. 100-533, title V, Sec. 501, Oct. 25, 1988, 102 Stat.
    2697, provided that:
      "(a) Bureau of Labor Statistics. - The Bureau of Labor Statistics
    of the Department of Labor shall include in any census report it
    may prepare on women owned business data on - 
        "(1) sole proprietorships;
        "(2) partnerships; and
        "(3) corporations.
      "(b) Bureau of the Census. - The Bureau of the Census of the
    Department of Commerce shall include in its Business Census for
    1992 and each such succeeding census data on the number of
    corporations which are 51 per centum or more owned by women.
      "(c) Combined Study. - Not later than one hundred and eighty days
    after the effective date of this section [Oct. 25, 1988], the
    Office of the Chief Counsel for Advocacy of the Small Business
    Administration (hereinafter referred to in this subsection as the
    'Office') shall conduct a study and prepare a report recommending
    the most cost effective and accurate means to gather and present
    the data required to be collected pursuant to subsections (a) and
    (b). The Department of Commerce and the Department of Labor shall
    provide the Office such assistance and cooperation as may be
    necessary and appropriate to achieve the purposes of this
    subsection."

-End-



-CITE-
    13 USC Sec. 132                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER I - MANUFACTURES, MINERAL INDUSTRIES, AND OTHER
                    BUSINESSES                  

-HEAD-
    Sec. 132. Controlling law; effect on other agencies

-STATUTE-
      To the extent that the provisions of this subchapter or
    subchapter IV of this chapter conflict with any other provision of
    this title or other law, pertaining to the Secretary of the
    Department of Commerce, the provisions of this title shall control;
    but nothing in this title shall be deemed to revoke or impair the
    authority of any other Federal agency with respect to the
    collection or release of information.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1019.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 123 (June 19, 1948, ch.
    502, Sec. 3, 62 Stat. 479).
      Section was derived from all of section 123 of title 13, U.S.C.,
    1952 ed., except the first sentence. That sentence is incorporated
    with other provisions in chapter 1 of this title. See Distribution
    Table.
      The reference "Secretary or Department of Commerce" was
    substituted for reference to the Bureau of the Census to conform
    with 1950 Reorganization Plan No. 5, Secs. 1, 2, eff. May 24, 1950,
    15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this
    title.
      Changes were made in phraseology.

-End-


-CITE-
    13 USC SUBCHAPTER II - POPULATION, HOUSING, AND
           UNEMPLOYMENT                                    01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER II - POPULATION, HOUSING, AND UNEMPLOYMENT

-HEAD-
           SUBCHAPTER II - POPULATION, HOUSING, AND UNEMPLOYMENT       


-MISC1-
                                AMENDMENTS                            
      1997 - Pub. L. 105-113, Sec. 3(b)(1), Nov. 21, 1997, 111 Stat.
    2275, substituted "POPULATION, HOUSING, AND UNEMPLOYMENT" for
    "POPULATION, HOUSING, AGRICULTURE, IRRIGATION,, AND UNEMPLOYMENT".
      1986 - Pub. L. 99-544, Sec. 1(b), Oct. 27, 1986, 100 Stat. 3046,
    struck out "DRAINAGE" after "IRRIGATION,".

-End-



-CITE-
    13 USC Sec. 141                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER II - POPULATION, HOUSING, AND UNEMPLOYMENT

-HEAD-
    Sec. 141. Population and other census information

-STATUTE-
      (a) The Secretary shall, in the year 1980 and every 10 years
    thereafter, take a decennial census of population as of the first
    day of April of such year, which date shall be known as the
    "decennial census date", in such form and content as he may
    determine, including the use of sampling procedures and special
    surveys. In connection with any such census, the Secretary is
    authorized to obtain such other census information as necessary.
      (b) The tabulation of total population by States under subsection
    (a) of this section as required for the apportionment of
    Representatives in Congress among the several States shall be
    completed within 9 months after the census date and reported by the
    Secretary to the President of the United States.
      (c) The officers or public bodies having initial responsibility
    for the legislative apportionment or districting of each State may,
    not later than 3 years before the decennial census date, submit to
    the Secretary a plan identifying the geographic areas for which
    specific tabulations of population are desired. Each such plan
    shall be developed in accordance with criteria established by the
    Secretary, which he shall furnish to such officers or public bodies
    not later than April 1 of the fourth year preceding the decennial
    census date. Such criteria shall include requirements which assure
    that such plan shall be developed in a nonpartisan manner. Should
    the Secretary find that a plan submitted by such officers or public
    bodies does not meet the criteria established by him, he shall
    consult to the extent necessary with such officers or public bodies
    in order to achieve the alterations in such plan that he deems
    necessary to bring it into accord with such criteria. Any issues
    with respect to such plan remaining unresolved after such
    consultation shall be resolved by the Secretary, and in all cases
    he shall have final authority for determining the geographic format
    of such plan. Tabulations of population for the areas identified in
    any plan approved by the Secretary shall be completed by him as
    expeditiously as possible after the decennial census date and
    reported to the Governor of the State involved and to the officers
    or public bodies having responsibility for legislative
    apportionment or districting of such State, except that such
    tabulations of population of each State requesting a tabulation
    plan, and basic tabulations of population of each other State,
    shall, in any event, be completed, reported, and transmitted to
    each respective State within one year after the decennial census
    date.
      (d) Without regard to subsections (a), (b), and (c) of this
    section, the Secretary, in the year 1985 and every 10 years
    thereafter, shall conduct a mid-decade census of population in such
    form and content as he may determine, including the use of sampling
    procedures and special surveys, taking into account the extent to
    which information to be obtained from such census will serve in
    lieu of information collected annually or less frequently in
    surveys or other statistical studies. The census shall be taken as
    of the first day of April of each such year, which date shall be
    known as the "mid-decade census date".
      (e)(1) If - 
        (A) in the administration of any program established by or
      under Federal law which provides benefits to State or local
      governments or to other recipients, eligibility for or the amount
      of such benefits would (without regard to this paragraph) be
      determined by taking into account data obtained in the most
      recent decennial census, and
        (B) comparable data is obtained in a mid-decade census
      conducted after such decennial census,

    then in the determination of such eligibility or amount of benefits
    the most recent data available from either the mid-decade or
    decennial census shall be used.
      (2) Information obtained in any mid-decade census shall not be
    used for apportionment of Representatives in Congress among the
    several States, nor shall such information be used in prescribing
    congressional districts.
      (f) With respect to each decennial and mid-decade census
    conducted under subsection (a) or (d) of this section, the
    Secretary shall submit to the committees of Congress having
    legislative jurisdiction over the census - 
        (1) not later than 3 years before the appropriate census date,
      a report containing the Secretary's determination of the subjects
      proposed to be included, and the types of information to be
      compiled, in such census;
        (2) not later than 2 years before the appropriate census date,
      a report containing the Secretary's determination of the
      questions proposed to be included in such census; and
        (3) after submission of a report under paragraph (1) or (2) of
      this subsection and before the appropriate census date, if the
      Secretary finds new circumstances exist which necessitate that
      the subjects, types of information, or questions contained in
      reports so submitted be modified, a report containing the
      Secretary's determination of the subjects, types of information,
      or questions as proposed to be modified.

      (g) As used in this section, "census of population" means a
    census of population, housing, and matters relating to population
    and housing.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1019; Pub. L. 85-207, Sec. 9,
    Aug. 28, 1957, 71 Stat. 483; Pub. L. 94-171, Secs. 1, 2(a), Dec.
    23, 1975, 89 Stat. 1023, 1024; Pub. L. 94-521, Sec. 7(a), Oct. 17,
    1976, 90 Stat. 2461.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 201 (June 18, 1929, ch.
    28, Sec. 1, 46 Stat. 21; May 17, 1932, ch. 190, 47 Stat. 158).
      References to the Secretary, meaning the Secretary of Commerce,
    were substituted for references to the Director of the Census, to
    conform with 1950 Reorganization Plan No. 5, Secs. 1, 2, eff. May
    24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section
    4 of this title.
      The provision for taking the censuses in "1930 and every ten
    years thereafter" was changed to "1960 and every ten years
    thereafter" since the censuses for the years 1930, 1940 and 1950
    have been completed.
      The requirement that decennial censuses of "distribution" and
    "mines" should also be taken was omitted as superseded by section
    121 of title 13, U.S.C., 1952 ed. (enacted in 1948), the provisions
    of which were carried into subchapter I of this chapter.
      Section 1442 of title 42, U.S.C., 1952 ed., the Public Health and
    Welfare (which section has been transferred in its entirety to this
    revised title), made all provisions of chapter 4 of title 13,
    U.S.C., 1952 ed., applicable to the housing censuses provided for
    in such section. However, section 201 of such title 13 (which
    section was a part of such chapter 4), which, as indicated above,
    has been carried into this revised section, could not, except,
    possibly, for the provisions thereof relating to the territorial
    scope of the censuses and to the census duties of the governors of
    Guam, Samoa, the Virgin Islands, and the Canal Zone, have any
    relevancy to such housing censuses, and such section 1442 of title
    42, U.S.C., 1952 ed., contained its own provisions relating to
    territorial scope of the housing censuses. Therefore the provisions
    of this revised section have not been made so applicable.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1976 - Pub. L. 94-521 substituted "Population and other census
    information" for "Population, unemployment, and housing" in section
    catchline, without reference to amendment of catchline by Pub. L.
    94-171.
      Subsec. (a). Pub. L. 94-521 substituted "1980" for "1960" and
    "decennial census of population" for "census of population,
    unemployment, and housing (including utilities and equipment)",
    inserted "of such year" after "April", substituted "which date
    shall be known as the decennial census date" for "which shall be
    known as the census date", and inserted provisions authorizing the
    Secretary to take the decennial census in whatever form and content
    he determines, using sampling procedures and special surveys, and
    authorizing him to obtain other such census information as is
    necessary, in connection with the decennial census.
      Subsec. (b). Pub. L. 94-521 inserted "under subsection (a) of
    this section" after "population by States", inserted "in Congress
    among the several States" after "Representatives", and substituted
    "9 months after the census date" for "eight months of the census
    date".
      Subsec. (c). Pub. L. 94-521 substituted "the decennial census
    date" for "the census date" wherever appearing.
      Subsecs. (d) to (g). Pub. L. 94-521 added subsecs. (d) to (g).
      1975 - Pub. L. 94-171, Sec. 2(a), inserted "; tabulation for
    legislative apportionment" in section catchline.
      Subsec. (c). Pub. L. 94-171, Sec. 1, added subsec. (c).
      1957 - Pub. L. 85-207 substituted "Population, unemployment, and
    housing" for "Population, agriculture, irrigation, drainage, and
    unemployment; territory excluded" in section catchline; inserted in
    text housing census provisions, struck out census coverage of
    agriculture, irrigation, and drainage and geographical provisions,
    and designated existing provisions as so amended as subsec. (a);
    and added subsec. (b). Census of agriculture, irrigation, and
    drainage and the geographical provisions are covered by sections
    142 and 191 of this title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

      STATISTICAL SAMPLING OR ADJUSTMENT IN DECENNIAL ENUMERATION OF
                                POPULATION
      Pub. L. 105-119, title II, Sec. 209, Nov. 26, 1997, 111 Stat.
    2480, provided that:
      "(a) Congress finds that - 
        "(1) it is the constitutional duty of the Congress to ensure
      that the decennial enumeration of the population is conducted in
      a manner consistent with the Constitution and laws of the United
      States;
        "(2) the sole constitutional purpose of the decennial
      enumeration of the population is the apportionment of
      Representatives in Congress among the several States;
        "(3) section 2 of the 14th article of amendment to the
      Constitution clearly states that Representatives are to be
      'apportioned among the several States according to their
      respective numbers, counting the whole number of persons in each
      State';
        "(4) article I, section 2, clause 3 of the Constitution clearly
      requires an 'actual Enumeration' of the population, and section
      195 of title 13, United States Code, clearly provides 'Except for
      the determination of population for purposes of apportionment of
      Representatives in Congress among the several States, the
      Secretary shall, if he considers it feasible, authorize the use
      of the statistical method known as "sampling" in carrying out the
      provisions of this title.';
        "(5) the decennial enumeration of the population is one of the
      most critical constitutional functions our Federal Government
      performs;
        "(6) it is essential that the decennial enumeration of the
      population be as accurate as possible, consistent with the
      Constitution and laws of the United States;
        "(7) the use of statistical sampling or statistical adjustment
      in conjunction with an actual enumeration to carry out the census
      with respect to any segment of the population poses the risk of
      an inaccurate, invalid, and unconstitutional census;
        "(8) the decennial enumeration of the population is a complex
      and vast undertaking, and if such enumeration is conducted in a
      manner that does not comply with the requirements of the
      Constitution or laws of the United States, it would be
      impracticable for the States to obtain, and the courts of the
      United States to provide, meaningful relief after such
      enumeration has been conducted; and
        "(9) Congress is committed to providing the level of funding
      that is required to perform the entire range of constitutional
      census activities, with a particular emphasis on accurately
      enumerating all individuals who have historically been
      undercounted, and toward this end, Congress expects - 
          "(A) aggressive and innovative promotion and outreach
        campaigns in hard-to-count communities;
          "(B) the hiring of enumerators from within those communities;
          "(C) continued cooperation with local government on address
        list development; and
          "(D) maximized census employment opportunities for
        individuals seeking to make the transition from welfare to
        work.
      "(b) Any person aggrieved by the use of any statistical method in
    violation of the Constitution or any provision of law (other than
    this Act [see Tables for classification]), in connection with the
    2000 or any later decennial census, to determine the population for
    purposes of the apportionment or redistricting of Members in
    Congress, may in a civil action obtain declaratory, injunctive, and
    any other appropriate relief against the use of such method.
      "(c) For purposes of this section - 
        "(1) the use of any statistical method as part of a dress
      rehearsal or other simulation of a census in preparation for the
      use of such method, in a decennial census, to determine the
      population for purposes of the apportionment or redistricting of
      Members in Congress shall be considered the use of such method in
      connection with that census; and
        "(2) the report ordered by title VIII of Public Law 105-18 [111
      Stat. 217] and the Census 2000 Operational Plan shall be deemed
      to constitute final agency action regarding the use of
      statistical methods in the 2000 decennial census, thus making the
      question of their use in such census sufficiently concrete and
      final to now be reviewable in a judicial proceeding.
      "(d) For purposes of this section, an aggrieved person (described
    in subsection (b)) includes - 
        "(1) any resident of a State whose congressional representation
      or district could be changed as a result of the use of a
      statistical method challenged in the civil action;
        "(2) any Representative or Senator in Congress; and
        "(3) either House of Congress.
      "(e)(1) Any action brought under this section shall be heard and
    determined by a district court of three judges in accordance with
    section 2284 of title 28, United States Code. The chief judge of
    the United States court of appeals for each circuit shall, to the
    extent practicable and consistent with the avoidance of unnecessary
    delay, consolidate, for all purposes, in one district court within
    that circuit, all actions pending in that circuit under this
    section. Any party to an action under this section shall be
    precluded from seeking any consolidation of that action other than
    is provided in this paragraph. In selecting the district court in
    which to consolidate such actions, the chief judge shall consider
    the convenience of the parties and witnesses and efficient conduct
    of such actions. Any final order or injunction of a United States
    district court that is issued pursuant to an action brought under
    this section shall be reviewable by appeal directly to the Supreme
    Court of the United States. Any such appeal shall be taken by a
    notice of appeal filed within 10 days after such order is entered;
    and the jurisdictional statement shall be filed within 30 days
    after such order is entered. No stay of an order issued pursuant to
    an action brought under this section may be issued by a single
    Justice of the Supreme Court.
      "(2) It shall be the duty of a United States district court
    hearing an action brought under this section and the Supreme Court
    of the United States to advance on the docket and to expedite to
    the greatest possible extent the disposition of any such matter.
      "(f) Any agency or entity within the executive branch having
    authority with respect to the carrying out of a decennial census
    may in a civil action obtain a declaratory judgment respecting
    whether or not the use of a statistical method, in connection with
    such census, to determine the population for the purposes of the
    apportionment or redistricting of Members in Congress is forbidden
    by the Constitution and laws of the United States.
      "(g) The Speaker of the House of Representatives or the Speaker's
    designee or designees may commence or join in a civil action, for
    and on behalf of the House of Representatives, under any applicable
    law, to prevent the use of any statistical method, in connection
    with the decennial census, to determine the population for purposes
    of the apportionment or redistricting of Members in Congress. It
    shall be the duty of the Office of the General Counsel of the House
    of Representatives to represent the House in such civil action,
    according to the directions of the Speaker. The Office of the
    General Counsel of the House of Representatives may employ the
    services of outside counsel and other experts for this purpose.
      "(h) For purposes of this section and section 210 [set out below]
    - 
        "(1) the term 'statistical method' means an activity related to
      the design, planning, testing, or implementation of the use of
      representative sampling, or any other statistical procedure,
      including statistical adjustment, to add or subtract counts to or
      from the enumeration of the population as a result of statistical
      inference; and
        "(2) the term 'census' or 'decennial census' means a decennial
      enumeration of the population.
      "(i) Nothing in this Act shall be construed to authorize the use
    of any statistical method, in connection with a decennial census,
    for the apportionment or redistricting of Members in Congress.
      "(j) Sufficient funds appropriated under this Act or under any
    other Act for purposes of the 2000 decennial census shall be used
    by the Bureau of the Census to plan, test, and become prepared to
    implement a 2000 decennial census, without using statistical
    methods, which shall result in the percentage of the total
    population actually enumerated being as close to 100 percent as
    possible. In both the 2000 decennial census, and any dress
    rehearsal or other simulation made in preparation for the 2000
    decennial census, the number of persons enumerated without using
    statistical methods must be publicly available for all levels of
    census geography which are being released by the Bureau of the
    Census for: (1) all data releases before January 1, 2001; (2) the
    data contained in the 2000 decennial census Public Law 94-171
    [amending this section] data file released for use in
    redistricting; (3) the Summary Tabulation File One (STF-1) for the
    2000 decennial census; and (4) the official populations of the
    States transmitted from the Secretary of Commerce through the
    President to the Clerk of the House used to reapportion the
    districts of the House among the States as a result of the 2000
    decennial census. Simultaneously with any other release or
    reporting of any of the information described in the preceding
    sentence through other means, such information shall be made
    available to the public on the Internet. These files of the Bureau
    of the Census shall be available concurrently to the release of the
    original files to the same recipients, on identical media, and at a
    comparable price. They shall contain the number of persons
    enumerated without using statistical methods and any additions or
    subtractions thereto. These files shall be based on data gathered
    and generated by the Bureau of the Census in its official capacity.
      "(k) This section shall apply in fiscal year 1998 and succeeding
    fiscal years."

                          CENSUS MONITORING BOARD                      
      Pub. L. 105-119, title II, Sec. 210(a)-(j), Nov. 26, 1997, 111
    Stat. 2483-2487, provided that:
      "(a) There shall be established a board to be known as the Census
    Monitoring Board (hereafter in this section referred to as the
    'Board').
      "(b) The function of the Board shall be to observe and monitor
    all aspects of the preparation and implementation of the 2000
    decennial census (including all dress rehearsals and other
    simulations of a census in preparation therefor).
      "(c)(1) The Board shall be composed of 8 members as follows:
        "(A) Two individuals appointed by the majority leader of the
      Senate.
        "(B) Two individuals appointed by the Speaker of the House of
      Representatives.
        "(C) Four individuals appointed by the President, of whom - 
          "(i) one shall be on the recommendation of the minority
        leader of the Senate; and
          "(ii) one shall be on the recommendation of the minority
        leader of the House of Representatives.
    All members of the Board shall be appointed within 60 days after
    the date of enactment of this Act [Nov. 26, 1997]. A vacancy in the
    Board shall be filled in the manner in which the original
    appointment was made.
      "(2) Members shall not be entitled to any pay by reason of their
    service on the Board, but shall receive travel expenses, including
    per diem in lieu of subsistence, in accordance with sections 5702
    and 5703 of title 5, United States Code.
      "(3) The Board shall have - 
        "(A) a co-chairman who shall be appointed jointly by the
      members under subsection (c)(1)(A) and (B), and
        "(B) a co-chairman who shall be appointed jointly by the
      members under subsection (c)(1)(C).
      "(4) The Board shall meet at the call of either co-chairman.
      "(5) A quorum shall consist of five members of the Board.
      "(6) The Board may promulgate any regulations necessary to carry
    out its duties.
      "(d)(1) The Board shall have - 
        "(A) an executive director who shall be appointed jointly by
      the members under subsection (c)(1)(A) and (B), and
        "(B) an executive director who shall be appointed jointly by
      the members under subsection (c)(1)(C),
    each of whom shall be paid at a rate not to exceed level IV of the
    Executive Schedule.
      "(2) Subject to such rules as the Board may prescribe, each
    executive director - 
        "(A) may appoint and fix the pay of such additional personnel
      as that executive director considers appropriate; and
        "(B) may procure temporary and intermittent services under
      section 3109(b) of title 5, United States Code, but at rates for
      individuals not to exceed the daily equivalent of the maximum
      annual rate of pay payable for grade GS-15 of the General
      Schedule.
    Such rules shall include provisions to ensure an equitable division
    or sharing of resources, as appropriate, between the respective
    staff of the Board.
      "(3) The staff of the Board shall be appointed without regard to
    the provisions of title 5, United States Code, governing
    appointments in the competitive service, and shall be paid without
    regard to the provisions of chapter 51 and subchapter III of
    chapter 53 of such title (relating to classification and General
    Schedule pay rates).
      "(4) The Administrator of the General Services Administration, in
    coordination with the Secretary of Commerce, shall locate suitable
    office space for the operation of the Board in the W. Edwards
    Deming Building in Suitland, Maryland. The facilities shall serve
    as the headquarters of the Board and shall include all necessary
    equipment and incidentals required for the proper functioning of
    the Board.
      "(e)(1) For the purpose of carrying out its duties, the Board may
    hold such hearings (at the call of either co-chairman) and
    undertake such other activities as the Board determines to be
    necessary to carry out its duties.
      "(2) The Board may authorize any member of the Board or of its
    staff to take any action which the Board is authorized to take by
    this subsection.
      "(3)(A) Each co-chairman of the Board and any members of the
    staff who may be designated by the Board under this paragraph shall
    be granted access to any data, files, information, or other matters
    maintained by the Bureau of the Census (or received by it in the
    course of conducting a decennial census of population) which they
    may request, subject to such regulations as the Board may prescribe
    in consultation with the Secretary of Commerce.
      "(B) The Board or the co-chairmen acting jointly may secure
    directly from any other Federal agency, including the White House,
    all information that the Board considers necessary to enable the
    Board to carry out its duties. Upon request of the Board or both co-
    chairmen, the head of that agency (or other person duly designated
    for purposes of this paragraph) shall furnish that information to
    the Board.
      "(4) The Board shall prescribe regulations under which any member
    of the Board or of its staff, and any person whose services are
    procured under subsection (d)(2)(B), who gains access to any
    information or other matter pursuant to this subsection shall, to
    the extent that any provisions of section 9 or 214 of title 13,
    United States Code, would apply with respect to such matter in the
    case of an employee of the Department of Commerce, be subject to
    such provisions.
      "(5) Upon the request of the Board, the head of any Federal
    agency is authorized to detail, without reimbursement, any of the
    personnel of such agency to the Board to assist the Board in
    carrying out its duties. Any such detail shall not interrupt or
    otherwise affect the civil service status or privileges of the
    Federal employee.
      "(6) Upon the request of the Board, the head of a Federal agency
    shall provide such technical assistance to the Board as the Board
    determines to be necessary to carry out its duties.
      "(7) The Board may use the United States mails in the same manner
    and under the same conditions as Federal agencies and shall, for
    purposes of the frank, be considered a commission of Congress as
    described in section 3215 of title 39, United States Code.
      "(8) Upon request of the Board, the Administrator of General
    Services shall provide to the Board on a reimbursable basis such
    administrative support services as the Board may request.
      "(9) For purposes of costs relating to printing and binding,
    including the cost of personnel detailed from the Government
    Printing Office, the Board shall be deemed to be a committee of the
    Congress.
      "(f)(1) The Board shall transmit to the Congress - 
        "(A) interim reports, with the first such report due by April
      1, 1998;
        "(B) additional reports, the first of which shall be due by
      February 1, 1999, the second of which shall be due by April 1,
      1999, and subsequent reports at least semiannually thereafter;
        "(C) a final report which shall be due by September 1, 2001;
      and
        "(D) any other reports which the Board considers appropriate.
    The final report shall contain a detailed statement of the findings
    and conclusions of the Board with respect to the matters described
    in subsection (b).
      "(2) In addition to any matter otherwise required under this
    subsection, each such report shall address, with respect to the
    period covered by such report - 
        "(A) the degree to which efforts of the Bureau of the Census to
      prepare to conduct the 2000 census - 
          "(i) shall achieve maximum possible accuracy at every level
        of geography;
          "(ii) shall be taken by means of an enumeration process
        designed to count every individual possible; and
          "(iii) shall be free from political bias and arbitrary
        decisions; and
        "(B) efforts by the Bureau of the Census intended to contribute
      to enumeration improvement, specifically, in connection with - 
          "(i) computer modernization and the appropriate use of
        automation;
          "(ii) address list development;
          "(iii) outreach and promotion efforts at all levels designed
        to maximize response rates, especially among groups that have
        historically been undercounted (including measures undertaken
        in conjunction with local government and community and other
        groups);
          "(iv) establishment and operation of field offices; and
          "(v) efforts relating to the recruitment, hiring, and
        training of enumerators.
      "(3) Any data or other information obtained by the Board under
    this section shall be made available to any committee or
    subcommittee of Congress of appropriate jurisdiction upon request
    of the chairman or ranking minority member of such committee or
    subcommittee. No such committee or subcommittee, or member thereof,
    shall disclose any information obtained under this paragraph which
    is submitted to it on a confidential basis unless the full
    committee determines that the withholding of that information is
    contrary to the national interest.
      "(4) The Board shall study and submit to Congress, as part of its
    first report under paragraph (1)(A), its findings and
    recommendations as to the feasibility and desirability of using
    postal personnel or private contractors to help carry out the
    decennial census.
      "(g) There is authorized to be appropriated $4,000,000 for each
    of fiscal years 1998 through 2001 to carry out this section.
      "(h) To the extent practicable, members of the Board shall work
    to promote the most accurate and complete census possible by using
    their positions to publicize the need for full and timely responses
    to census questionnaires.
      "(i)(1) No individual described in paragraph (2) shall be
    eligible - 
        "(A) to be appointed or to continue serving as a member of the
      Board or as a member of the staff thereof; or
        "(B) to enter into any contract with the Board.
      "(2) This subsection applies with respect to any individual who
    is serving or who has ever served - 
        "(A) as the Director of the Census; or
        "(B) with any committee or subcommittee of either House of
      Congress, having jurisdiction over any aspect of the decennial
      census, as - 
          "(i) a Member of Congress; or
          "(ii) a congressional employee.
      "(j) The Board shall cease to exist on September 30, 2001."

        CENSUS DATA ON GRANDPARENTS AS PRIMARY CAREGIVERS FOR THEIR
                               GRANDCHILDREN
      Pub. L. 104-193, title I, Sec. 105, Aug. 22, 1996, 110 Stat.
    2163, provided that:
      "(a) In General. - Not later than 90 days after the date of the
    enactment of this Act [Aug. 22, 1996], the Secretary of Commerce,
    in carrying out section 141 of title 13, United States Code, shall
    expand the data collection efforts of the Bureau of the Census (in
    this section referred to as the 'Bureau') to enable the Bureau to
    collect statistically significant data, in connection with its
    decennial census and its mid-decade census, concerning the growing
    trend of grandparents who are the primary caregivers for their
    grandchildren.
      "(b) Expanded Census Question. - In carrying out subsection (a),
    the Secretary of Commerce shall expand the Bureau's census question
    that details households which include both grandparents and their
    grandchildren. The expanded question shall be formulated to
    distinguish between the following households:
        "(1) A household in which a grandparent temporarily provides a
      home for a grandchild for a period of weeks or months during
      periods of parental distress.
        "(2) A household in which a grandparent provides a home for a
      grandchild and serves as the primary caregiver for the
      grandchild."

                 DECENNIAL CENSUS IMPROVEMENT ACT OF 1991             
      Pub. L. 102-135, Oct. 24, 1991, 105 Stat. 635, known as the
    Decennial Census Improvement Act of 1991, provided that the
    Secretary of Commerce was to contract with the National Academy of
    Sciences for a study of the means by which the Government could
    achieve the most accurate population count possible and ways for
    the Government to collect other demographic and housing data, and
    that the Academy was to submit to the Secretary and to committees
    of Congress an interim report and, within 36 months after the date
    of the contract, a final report on the study.

             STUDY OF COUNTING OF HOMELESS FOR NATIONAL CENSUS         
      Pub. L. 101-645, title IV, Sec. 402, Nov. 29, 1990, 104 Stat.
    4723, provided that not later than 1 year after Nov. 29, 1990, the
    General Accounting Office was to conduct a study of the methodology
    and procedures used by the Bureau of the Census in counting the
    number of homeless persons for the most recent decennial census
    conducted pursuant to this title, to determine the accuracy of such
    count, and report to the Congress the results of that study.

               MONITORING ECONOMIC PROGRESS OF RURAL AMERICA           
      Pub. L. 101-624, title XXIII, Sec. 2382, Nov. 28, 1990, 104 Stat.
    4050, provided that Director of Bureau of the Census was to expand
    data collection efforts of Bureau to enable it to collect
    statistically significant data concerning changing economic
    condition of rural counties and communities in United States,
    including data on rural employment, poverty, income, and other
    information concerning rural labor force, and authorized to be
    appropriated $1,000,000 for each fiscal year for such efforts,
    prior to repeal by Pub. L. 104-127, title VII, Sec. 707, Apr. 4,
    1996, 110 Stat. 1112.

     AMERICANS OF SPANISH ORIGIN OR DESCENT; STUDY FOR DEVELOPMENT OF
                  CREDITABLE ESTIMATES IN FUTURE CENSUSES
      Pub. L. 94-311, Sec. 4, June 16, 1976, 90 Stat. 688, provided
    that: "The Department of Commerce, in cooperation with appropriate
    Federal, State and local agencies and various population study
    groups and experts, shall immediately undertake a study to
    determine what steps would be necessary for developing creditable
    estimates of undercounts of Americans of Spanish origin or descent
    in future censuses."

      NEEDS AND CONCERNS OF SPANISH-ORIGIN POPULATION; USE OF SPANISH
             LANGUAGE QUESTIONNAIRES AND BILINGUAL ENUMERATORS
      Pub. L. 94-311, Sec. 5, June 16, 1976, 90 Stat. 689, provided
    that: "The Secretary of Commerce shall ensure that, in the Bureau
    of the Census data-collection activities, the needs and concerns of
    the Spanish-origin population are given full recognition through
    the use of Spanish language questionnaires, bilingual enumerators,
    and other such methods as deemed appropriate by the Secretary."

-End-



-CITE-
    13 USC Sec. 142                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER II - POPULATION, HOUSING, AND UNEMPLOYMENT

-HEAD-
    [Sec. 142. Repealed. Pub. L. 105-113, Sec. 3(a), Nov. 21, 1997, 111
      Stat. 2275]

-MISC1-
      Section, acts Aug. 31, 1954, ch. 1158, 68 Stat. 1020; Aug. 28,
    1957, Pub. L. 85-207, Sec. 10, 71 Stat. 483; Mar. 15, 1976, Pub. L.
    94-229, Sec. 1, 90 Stat. 210; Oct. 27, 1986, Pub. L. 99-544, Sec.
    1(a), 100 Stat. 3046, provided that Secretary of Commerce take
    periodic censuses of agriculture and irrigation.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1998, see section 3(d) of Pub. L. 105-
    113, set out as an Effective Date of 1997 Amendment note under
    section 1991 of Title 7, Agriculture.

                        1997 CENSUS OF AGRICULTURE                    
      Pub. L. 105-86, title I, Nov. 18, 1997, 111 Stat. 2083, provided
    in part: "That, notwithstanding any other provision of law, the
    Secretary of Agriculture shall conduct the 1997 Census of
    Agriculture, to the extent practicable, pursuant to the provisions
    of title 13, United States Code."

-End-



-CITE-
    13 USC Secs. 143 to 146                                     01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER II - POPULATION, HOUSING, AND UNEMPLOYMENT

-HEAD-
    [Secs. 143 to 146. Repealed. Pub. L. 85-207, Sec. 11, Aug. 28,
      1957, 71 Stat. 483]

-MISC1-
      Sections, act Aug. 31, 1954, ch. 1158, 68 Stat. 1020, related to
    the following subject matter:
      Section 143, decennial census period; completion of reports upon
    inquiries. See section 141 of this title.
      Section 144, restriction on inquiries. See sections 141(a) and
    142 of this title.
      Section 145, commencement of inquiries as to population,
    agriculture, and housing; time for completion. See sections 141(a)
    and 142(a) of this title.
      Section 146, mid-decade censuses of agriculture; exclusion of
    certain areas; preliminary statistics. See sections 142(a), 191,
    and 193 of this title.

-End-


-CITE-
    13 USC SUBCHAPTER III - GOVERNMENTS                         01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER III - GOVERNMENTS

-HEAD-
                       SUBCHAPTER III - GOVERNMENTS                   

-End-



-CITE-
    13 USC Sec. 161                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER III - GOVERNMENTS

-HEAD-
    Sec. 161. Quinquennial censuses; inclusion of certain data

-STATUTE-
      The Secretary shall take, compile, and publish for the year 1957
    and for every fifth year thereafter a census of governments. Each
    such census shall include, but shall not be limited to, data on
    taxes and tax valuations, governmental receipts, expenditures,
    indebtedness, and employees of States, counties, cities, and other
    governmental units.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1021; Pub. L. 85-207, Sec. 12,
    Aug. 28, 1957, 71 Stat. 483.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 251 (Sept. 7, 1950, ch.
    910, Sec. 1, 64 Stat. 784).
      Section was derived from subsection (a) of section 251 of title
    13, U.S.C., 1952 ed. For remainder of such section 251, see
    Distribution Table.
      Reference to the year 1957 was substituted for reference to the
    year 1952, since the latter reference is now obsolete.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1957 - Pub. L. 85-207 struck out "in the United States and in
    such of its Territories and possessions as may be determined by the
    Secretary" in last sentence. Geographical provisions now covered by
    section 191 of this title.

-End-



-CITE-
    13 USC Sec. 162                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER III - GOVERNMENTS

-HEAD-
    [Sec. 162. Repealed. Pub. L. 85-207, Sec. 13, Aug. 28, 1957, 71
      Stat. 483]

-MISC1-
      Section, act Aug. 31, 1954, ch. 1158, 68 Stat. 1021, related to
    acquisition of reports and material from governmental units,
    private persons, and agencies. See section 6(b) of this title.

-End-



-CITE-
    13 USC Sec. 163                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER III - GOVERNMENTS

-HEAD-
    Sec. 163. Authority of other agencies

-STATUTE-
      This subchapter does not revoke or impair the authority of any
    other Federal agency with respect to the collection or release of
    information.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1021.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Sec. 251 (Sept. 7, 1950, ch.
    910, Sec. 1, 64 Stat. 784).
      Section was derived from part of subsection (b) of section 251 of
    title 13, U.S.C., 1952 ed. Subsection (a) of such section 251 is
    also incorporated in this subchapter, and the remainder of such
    subsection (b) thereof is incorporated in subchapter I of chapter 1
    of this title. See Distribution Table.
      Changes were made in phraseology.

-End-


-CITE-
    13 USC SUBCHAPTER IV - INTERIM CURRENT DATA                 01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER IV - INTERIM CURRENT DATA

-HEAD-
                   SUBCHAPTER IV - INTERIM CURRENT DATA               

-End-



-CITE-
    13 USC Sec. 181                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER IV - INTERIM CURRENT DATA

-HEAD-
    Sec. 181. Population

-STATUTE-
      (a) During the intervals between each census of population
    required under section 141 of this title, the Secretary, to the
    extent feasible, shall annually produce and publish for each State,
    county, and local unit of general purpose government which has a
    population of fifty thousand or more, current data on total
    population and population characteristics and, to the extent
    feasible, shall biennially produce and publish for other local
    units of general purpose government current data on total
    population. Such data shall be produced and published for each
    State, county, and other local unit of general purpose government
    for which data is compiled in the most recent census of population
    taken under section 141 of this title. Such data may be produced by
    means of sampling or other methods, which the Secretary determines
    will produce current, comprehensive, and reliable data.
      (b) If the Secretary is unable to produce and publish current
    data during any fiscal year on total population for any county and
    local unit of general purpose government as required by this
    section, a report shall be submitted by the Secretary to the
    President of the Senate and to the Speaker of the House of
    Representatives not later than 90 days before the commencement of
    the following fiscal year, enumerating each government excluded and
    giving the reasons for such exclusion.

-SOURCE-
    (Added Pub. L. 94-521, Sec. 8(a), Oct. 17, 1976, 90 Stat. 2462.)

-COD-
                               CODIFICATION                           
      A prior section 181, act Aug. 31, 1954, ch. 1158, 68 Stat. 1021,
    authorizing the Secretary to conduct surveys necessary to furnish
    current data on subjects covered by the censuses under this title,
    was repealed by section 8(a) of Pub. L. 94-521. See section 182 of
    this title.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 17, 1976, see section 17 of Pub. L. 94-
    521, set out as a note under section 1 of this title.

-End-



-CITE-
    13 USC Sec. 182                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER IV - INTERIM CURRENT DATA

-HEAD-
    Sec. 182. Surveys

-STATUTE-
      The Secretary may make surveys deemed necessary to furnish annual
    and other interim current data on the subjects covered by the
    censuses provided for in this title.

-SOURCE-
    (Added Pub. L. 94-521, Sec. 8(a), Oct. 17, 1976, 90 Stat. 2463.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 17, 1976, see section 17 of Pub. L. 94-
    521, set out as a note under section 1 of this title.

-End-



-CITE-
    13 USC Sec. 183                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER IV - INTERIM CURRENT DATA

-HEAD-
    Sec. 183. Use of most recent population data

-STATUTE-
      (a) Except as provided in subsection (b), for the purpose of
    administering any law of the United States in which population or
    other population characteristics are used to determine the amount
    of benefit received by State, county, or local units of general
    purpose government, the Secretary shall transmit to the President
    for use by the appropriate departments and agencies of the
    executive branch the data most recently produced and published
    under this title.
      (b) This section shall not apply with respect to any law of the
    United States which, for purposes of determining the amount of
    benefit received by State, county, or local units of general
    purpose government, provides that only population or population
    characteristics data obtained in the most recent decennial census
    may be used in such determination.

-SOURCE-
    (Added Pub. L. 94-521, Sec. 8(a), Oct. 17, 1976, 90 Stat. 2463.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 17, 1976, see section 17 of Pub. L. 94-
    521, set out as a note under section 1 of this title.

-End-



-CITE-
    13 USC Sec. 184                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER IV - INTERIM CURRENT DATA

-HEAD-
    Sec. 184. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "local unit of general purpose government" means
      the government of a county, municipality, township, Indian tribe,
      Alaskan native village, or other unit of government (other than a
      State) which is a unit of general government, and
        (2) the term "State" includes the District of Columbia.

-SOURCE-
    (Added Pub. L. 94-521, Sec. 8(a), Oct. 17, 1976, 90 Stat. 2463.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 17, 1976, see section 17 of Pub. L. 94-
    521, set out as a note under section 1 of this title.

-End-


-CITE-
    13 USC SUBCHAPTER V - GEOGRAPHIC SCOPE, PRELIMINARY AND
           SUPPLEMENTAL STATISTICS, AND USE OF SAMPLING    01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER V - GEOGRAPHIC SCOPE, PRELIMINARY AND SUPPLEMENTAL
                    STATISTICS, AND USE OF SAMPLING

-HEAD-
       SUBCHAPTER V - GEOGRAPHIC SCOPE, PRELIMINARY AND SUPPLEMENTAL
                      STATISTICS, AND USE OF SAMPLING

-End-



-CITE-
    13 USC Sec. 191                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER V - GEOGRAPHIC SCOPE, PRELIMINARY AND SUPPLEMENTAL
                    STATISTICS, AND USE OF SAMPLING

-HEAD-
    Sec. 191. Geographic scope of censuses

-STATUTE-
      (a) Each of the censuses authorized by this chapter shall include
    each State, the District of Columbia, the Virgin Islands, Guam, the
    Commonwealth of the Northern Mariana Islands, and the Commonwealth
    of Puerto Rico, and as may be determined by the Secretary, such
    other possessions and areas over which the United States exercises
    jurisdiction, control, or sovereignty. Inclusion of other areas
    over which the United States exercises jurisdiction or control
    shall be subject to the concurrence of the Secretary of State.
      (b) For censuses taken in the Virgin Islands, Guam, the
    Commonwealth of the Northern Mariana Islands, or any possession or
    area not specifically designated in subsection (a) of this section,
    the Secretary may use census information collected by the Governor
    or highest ranking Federal official, if such information was
    obtained in accordance with plans prescribed or approved by the
    Secretary.
      (c) If, pursuant to a determination by the Secretary under
    subsection (a) of this section, any census is not taken in a
    possession or area over which the United States exercises
    jurisdiction, control, or sovereignty, the Secretary may include
    data obtained from other Federal agencies or government sources in
    the census report. Any data obtained from foreign governments shall
    be obtained through the Secretary of State.

-SOURCE-
    (Added Pub. L. 85-207, Sec. 14, Aug. 28, 1957, 71 Stat. 483;
    amended Pub. L. 94-521, Sec. 9, Oct. 17, 1976, 90 Stat. 2463.)


-MISC1-
                                AMENDMENTS                            
      1976 - Subsec. (a). Pub. L. 94-521 struck out "(other than
    censuses of population)" after "this chapter" and "Alaska, Hawaii"
    after "the District of Columbia", inserted "the Commonwealth of the
    Northern Mariana Islands" after "Guam", and struck out provision
    that censuses of population shall include all geographic areas
    referred to in first sentence of subsec. (a).
      Subsec. (b). Pub. L. 94-521 inserted "the Commonwealth of the
    Northern Mariana Islands" after "Guam", and substituted "use census
    information" for "utilize or adopt census data" and "if such
    information was obtained" for "when such data are obtained".
      Subsec. (c). Pub. L. 94-521 substituted "If, pursuant to a
    determination by the Secretary under subsection (a) of this
    section" for "When, under determination by the Secretary as
    provided in paragraph (a) above".

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

                ADMISSION OF ALASKA AND HAWAII TO STATEHOOD            
      Alaska was admitted into the Union on Jan. 3, 1959, on issuance
    of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and
    Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of
    Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For
    Alaska Statehood Law, see Pub. L. 85-508, July 7, 1958, 72 Stat.
    339, set out as a note preceding section 21 of Title 48,
    Territories and Insular Possessions. For Hawaii Statehood Law, see
    Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out as a note
    preceding section 491 of Title 48.

-End-



-CITE-
    13 USC Sec. 193                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER V - GEOGRAPHIC SCOPE, PRELIMINARY AND SUPPLEMENTAL
                    STATISTICS, AND USE OF SAMPLING

-HEAD-
    Sec. 193. Preliminary and supplemental statistics

-STATUTE-
      In advance of, in conjunction with, or after the taking of each
    census provided for by this chapter, the Secretary may make surveys
    and collect such preliminary and supplementary statistics related
    to the main topic of the census as are necessary to the initiation,
    taking, or completion thereof.

-SOURCE-
    (Added Pub. L. 85-207, Sec. 14, Aug. 28, 1957, 71 Stat. 484.)

-End-



-CITE-
    13 USC Sec. 195                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER V - GEOGRAPHIC SCOPE, PRELIMINARY AND SUPPLEMENTAL
                    STATISTICS, AND USE OF SAMPLING

-HEAD-
    Sec. 195. Use of sampling

-STATUTE-
      Except for the determination of population for purposes of
    apportionment of Representatives in Congress among the several
    States, the Secretary shall, if he considers it feasible, authorize
    the use of the statistical method known as "sampling" in carrying
    out the provisions of this title.

-SOURCE-
    (Added Pub. L. 85-207, Sec. 14, Aug. 28, 1957, 71 Stat. 484;
    amended Pub. L. 94-521, Sec. 10, Oct. 17, 1976, 90 Stat. 2464.)


-MISC1-
                                AMENDMENTS                            
      1976 - Pub. L. 94-521 substituted "for purposes of apportionment
    of Representatives in Congress among the several States, the
    Secretary shall, if he considers it feasible" for "for
    apportionment purposes, the Secretary may, where he deems it
    appropriate".

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

-End-



-CITE-
    13 USC Sec. 196                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 5 - CENSUSES
    SUBCHAPTER V - GEOGRAPHIC SCOPE, PRELIMINARY AND SUPPLEMENTAL
                    STATISTICS, AND USE OF SAMPLING

-HEAD-
    Sec. 196. Special censuses

-STATUTE-
      The Secretary may conduct special censuses for the government of
    any State, or of any county, city, or other political subdivision
    within a State, for the government of the District of Columbia, and
    for the government of any possession or area (including political
    subdivisions thereof) referred to in section 191(a) of this title,
    on subjects covered by the censuses provided for in this title,
    upon payment to the Secretary of the actual or estimated cost of
    each such special census. The results of each such special census
    shall be designated "Official Census Statistics". These statistics
    may be used in the manner provided by applicable law.

-SOURCE-
    (Added Pub. L. 94-521, Sec. 11(a), Oct. 17, 1976, 90 Stat. 2464.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 17, 1976, see section 17 of Pub. L. 94-
    521, set out as a note under section 1 of this title.

      SPECIAL CENSUS WHEN MAJOR POPULATION CHANGES OCCUR DUE TO LARGE
    NUMBERS OF LEGAL IMMIGRANTS WITHIN SIX MONTHS OF REGULAR DECENNIAL
                                CENSUS DATE
      Pub. L. 96-369, Sec. 118, Oct. 1, 1980, 94 Stat. 1357, provided
    that: "Notwithstanding any other provision of law, when the
    President determines that a State, county, or local unit of general
    purpose government is significantly affected by a major population
    change due to a large number of legal immigrants within six months
    of a regular decennial census date, he may order a special census,
    pursuant to section 196 of title XIII of the United States Code
    [this section], or other method of obtaining a revised estimate of
    the population, of such jurisdiction or subsections of that
    jurisdiction in which the immigrants are concentrated. If the
    President decides to conduct a special census, it may be conducted
    solely at Federal expense."


-EXEC-
                         EXECUTIVE ORDER NO. 12256                     
      Ex. Ord. No. 12256, Dec. 15, 1980, 45 F.R. 83189, which required
    the Bureau of the Census to supply estimates of the number of legal
    immigrants within certain jurisdictions, was revoked by Ex. Ord.
    No. 12553, Feb. 25, 1986, 51 F.R. 7237.

-End-


-CITE-
    13 USC CHAPTER 7 - OFFENSES AND PENALTIES                   01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES

-HEAD-
                    CHAPTER 7 - OFFENSES AND PENALTIES                


-MISC1-
                   SUBCHAPTER I - OFFICERS AND EMPLOYEES               
    Sec.                                                     
    211.        Receiving or securing compensation for appointment of
                 employees.                                           
    212.        Refusal or neglect of employees to perform duties.    
    213.        False statements, certificates, and information.      
    214.        Wrongful disclosure of information.                   

                       SUBCHAPTER II - OTHER PERSONS                   
    221.        Refusal or neglect to answer questions; false answers.
    222.        Giving suggestions or information with intent to cause
                 inaccurate enumeration of population.                
    223.        Refusal, by owners, proprietors, etc., to assist
                 census employees.                                    
    224.        Failure to answer questions affecting companies,
                 businesses, religious bodies, and other
                 organizations; false answers.                        
    225.        Applicability of penal provisions in certain cases.   

                        SUBCHAPTER III - PROCEDURE                    
    241.        Evidence.                                             

-End-


-CITE-
    13 USC SUBCHAPTER I - OFFICERS AND EMPLOYEES                01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER I - OFFICERS AND EMPLOYEES

-HEAD-
                   SUBCHAPTER I - OFFICERS AND EMPLOYEES               

-End-



-CITE-
    13 USC Sec. 211                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER I - OFFICERS AND EMPLOYEES

-HEAD-
    Sec. 211. Receiving or securing compensation for appointment of
      employees

-STATUTE-
      Whoever - 
        (1) receives or secures to himself any fee, reward, or
      compensation as a consideration for the appointment of any person
      as supervisor, enumerator, clerk, or other officer or employee of
      the Department of Commerce or bureau or agency thereof, referred
      to in subchapter II of chapter 1 of this title; or
        (2) in any way receives or secures to himself any part of the
      compensation paid to any person so appointed - 

    shall be fined not more than $3,000 or imprisoned not more than
    five years, or both.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1022.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 122, 207, 252, and
    section 1442 of title 42, U.S.C., 1952 ed., The Public Health and
    Welfare (June 18, 1929, ch. 28, Sec. 7, 46 Stat. 23; June 19, 1948,
    ch. 502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI,
    Sec. 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, Sec. 2, 64 Stat.
    784.)
      Section consolidates section 207 of title 13, U.S.C., 1952 ed.,
    which was a part of chapter 4 of such title relating to the
    censuses of population, agriculture, irrigation, etc. (subchapter
    II of chapter 5 of this revised title), with those parts of
    sections 122 and 252 of such title which made such section 207
    applicable to the censuses of manufactures, the mineral industries,
    and other businesses, and governments (subchapters I and III of
    chapter 5 of this revised title), and with that part of subsection
    (b) of section 1442 of title 42, U.S.C., 1952, ed., which made such
    section 207 applicable to the censuses of housing (subchapter II of
    chapter 5 of this revised title). For remainder of sections 122 and
    252 of title 13, U.S.C., 1952 ed., and of section 1442 of title 42,
    U.S.C., 1952 ed. (which section has been transferred in its
    entirety to this revised title), see Distribution Table.
      This section, as revised, relates to appointments of all officers
    and employees referred to in subchapter II of chapter 1 of this
    title, which was the probable original legislative intent.
      Reference in section 207 of title 13, U.S.C., 1952 ed., to the
    offense, herein described, as a felony, and words in such section,
    "and upon conviction thereof," were omitted from this revised
    section, the former, as covered by section 1 of title 18, U.S.C.,
    1952 ed., Crimes and Criminal Procedure, classifying offenses, and
    the latter, as surplusage.
      The reference "Department of Commerce or bureau or agency
    thereof" was inserted in recognition of 1950 Reorganization Plan
    No. 5, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263
    (see Revision Note to section 4 of this title). However, the
    qualifying words, "referred to in subchapter II of chapter 1 of
    this title," limits the provisions to appointment or employment of
    persons in connection with the statistics and censuses provided for
    in this title.
      Changes were made in phraseology.

-End-



-CITE-
    13 USC Sec. 212                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER I - OFFICERS AND EMPLOYEES

-HEAD-
    Sec. 212. Refusal or neglect of employees to perform duties

-STATUTE-
      Whoever, being an employee referred to in subchapter II of
    chapter 1 of this title, and having taken and subscribed the oath
    of office, neglects or refuses, without justifiable cause, to
    perform the duties enjoined on such employee by this title, shall
    be fined not more than $500.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1022.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 122, 208, 252, and
    section 1442 of title 42, U.S.C., 1952 ed., The Public Health and
    Welfare (June 18, 1929, ch. 28, Sec. 8, 46 Stat. 23; June 19, 1948,
    ch. 502, Sec. 2, 62 Stat. 479; June 19, 1949, ch. 338, title VI,
    Sec. 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, Sec. 2, 64 Stat.
    784).
      Section consolidates part of section 208 of title 13, U.S.C.,
    1952 ed., which was a part of chapter 4 of such title relating to
    the censuses of population, agriculture, etc., with those parts of
    sections 122 and 252 of such title which made such section 208
    applicable to the censuses of manufacturers, the mineral industries
    and other businesses, and governments, and with that part of
    subsection (b) of section 1442 of title 42, U.S.C., 1952 ed., which
    made such section 208 applicable to the housing censuses. For
    remainder of sections 122, 208 and 252 of title 13, U.S.C., 1952
    ed., and of section 1442 of title 42, U.S.C., 1952 ed., (which
    section has been transferred in its entirety to this revised
    title), see Distribution Table.
      Section has been made applicable to all employees referred to in
    subchapter II of chapter 1 of this title, and to duties enjoined on
    them by any provision of this title, which was probably the
    original legislative intent.
      The words "being an employee referred to in subchapter II of
    chapter 1 of this title" were substituted for the enumeration in
    section 208 of title 13, U.S.C., 1952 ed., of "supervisor,
    supervisor's clerk, enumerator, interpreter, special agent, or
    other employee", since such reference will cover those employees.
      Reference in section 208 of title 13, U.S.C., 1952 ed., to the
    offense, herein described as a misdemeanor, and words therein ",
    and upon conviction thereof", were omitted, the former, as
    superseded and covered by section 1 of title 18, U.S.C., 1952 ed.,
    Crimes and Criminal Procedure, classifying offenses, and the
    latter, as surplusage.
      Changes were made in phraseology.

-End-



-CITE-
    13 USC Sec. 213                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER I - OFFICERS AND EMPLOYEES

-HEAD-
    Sec. 213. False statements, certificates, and information

-STATUTE-
      (a) Whoever, being an officer or employee referred to in
    subchapter II of chapter 1 of this title, willfully and knowingly
    swears or affirms falsely as to the truth of any statement required
    to be made or subscribed by him under oath by or under authority of
    this title, shall be guilty of perjury, and shall be fined not more
    than $2,000 or imprisoned not more than five years, or both.
      (b) Whoever, being an officer or employee referred to in
    subchapter II of chapter 1 of this title - 
        (1) willfully and knowingly makes a false certificate or
      fictitious return; or
        (2) knowingly or willfully furnishes or causes to be furnished,
      or, having been such an officer or employee, knowingly or
      willfully furnished or caused to be furnished, directly or
      indirectly, to the Secretary or to any other officer or employee
      of the Department of Commerce or bureau or agency thereof, any
      false statement or false information with reference to any
      inquiry for which he was authorized and required to collect
      information provided for in this title - 

    shall be fined not more than $2,000 or imprisoned not more than
    five years, or both.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1022.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 122, 208, 252, and
    section 1442 of title 42, U.S.C., 1952 ed., The Public Health and
    Welfare (June 18, 1929, ch. 28, Sec. 8, 46 Stat. 23; June 19, 1948,
    ch. 502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI,
    Sec. 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, Sec. 2, 64 Stat.
    784).
      Section consolidates part of section 208 of title 13, U.S.C.,
    1952 ed., with that part of section 122 of such title which made
    such section 208 applicable to the quinquennial censuses of
    manufacturers, the mineral industries, and other businesses (see
    subchapter I of chapter 5 of this revised title), that part of
    section 252 of such title which made such section 208 applicable to
    the quinquennial censuses of governments (see subchapter III of
    chapter 5 of this revised title), and that part of subsection (b)
    of section 1442 of title 42, U.S.C., 1952 ed., which made such
    section 208 applicable to the decennial censuses of housing (see
    subchapter II of chapter 5 of this revised title). For remainder of
    sections 122, 208, and 252 of title 13, U.S.C., 1952 ed., and of
    section 1442 of title 42, U.S.C., 1952 ed. (which section has been
    transferred in its entirety to this revised title), see
    Distribution Table.
      As set out in this revised section, the provisions relate to all
    investigations, surveys, collections of statistics, and censuses
    provided for in this title, and to officers as well as employees,
    which was probably the original legislative intent.
      References to the offenses described in subsection (b) of this
    revised section as being felonies, were omitted as covered by
    section 1 of title 18, U.S.C., 1952 ed., Crimes and Criminal
    Procedure, classifying offenses; and words "upon conviction
    thereof" and "upon conviction of" were omitted as surplusage.
      Changes were made in phraseology and arrangement.

-End-



-CITE-
    13 USC Sec. 214                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER I - OFFICERS AND EMPLOYEES

-HEAD-
    Sec. 214. Wrongful disclosure of information

-STATUTE-
      Whoever, being or having been an employee or staff member
    referred to in subchapter II of chapter 1 of this title, having
    taken and subscribed the oath of office, or having sworn to observe
    the limitations imposed by section 9 of this title, or whoever,
    being or having been a census liaison within the meaning of section
    16 of this title, publishes or communicates any information, the
    disclosure of which is prohibited under the provisions of section 9
    of this title, and which comes into his possession by reason of his
    being employed (or otherwise providing services) under the
    provisions of this title, shall be fined not more than $5,000 or
    imprisoned not more than 5 years, or both.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 94-521, Sec.
    12(a), Oct. 17, 1976, 90 Stat. 2464; Pub. L. 103-430, Sec. 2(c),
    Oct. 31, 1994, 108 Stat. 4394.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 73, 83, 122, 208, 252,
    and section 1442 of title 42, U.S.C., 1952 ed., The Public Health
    and Welfare (Aug. 7, 1916, ch. 274, Sec. 3, 39 Stat. 437; Apr. 2,
    1924, ch. 80, Sec. 3, 43 Stat. 31; June 18, 1929, ch. 28, Secs. 8,
    21, 46 Stat. 23, 26; July 25, 1947, ch. 331, 61 Stat. 437; June 19,
    1948, ch. 502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title
    VI, Sec. 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, Sec. 2, 64
    Stat. 784).
      Section consolidates parts of sections 73, 83 and 208 of title
    13, U.S.C., 1952 ed., that part of section 122 of such title which
    made such section 208 applicable to the quinquennial censuses of
    manufactures, the mineral industries, and other businesses (see
    subchapter I of chapter 5 of this revised title), that part of
    section 252 of such title which made such section 208 applicable to
    the quinquennial censuses of governments (see subchapter III of
    chapter 5 of this revised title), and that part of subsection (b)
    of section 1442 of title 42, U.S.C., 1952 ed., which made such
    section 208 applicable to the decennial censuses of housing (see
    subchapter II of chapter 5 of this title).
      Words "Secretary or other authorized officer or employee of the
    Department of Commerce or bureau or agency thereof" were
    substituted for reference to the Director of the Census. See
    Revision Note to section 9 of this title, into which other parts of
    sections 73, 83 and 208 of title 13, U.S.C., 1952 ed., have been
    carried.
      The provision in section 208 of title 13, U.S.C., 1952 ed.,
    designating the offense as a felony, was omitted as covered by
    section 1 of title 18, U.S.C., 1952 ed., Crimes and Criminal
    Procedure, and words in such section "upon conviction thereof" and
    "in the discretion of the court", were omitted as surplusage.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-430 inserted "or whoever, being or having been
    a census liaison within the meaning of section 16 of this title,".
      1976 - Pub. L. 94-521 provided that staff members would be liable
    for wrongful communication of information under this section,
    inserted "or having sworn to observe the limitations imposed by
    section 9 of this title" after "oath of office", substituted a
    provision predicating liability under this section upon disclosure
    of information prohibited by section 9 of this title for a former
    provision predicating such liability upon disclosure of information
    without the written authority of the Secretary or other authorized
    officer or employee of the Department of Commerce or bureau or
    agency thereof, substituted "being employed (or otherwise providing
    services)" for "employment", increased maximum amount of fine under
    this section to $5,000 from $1,000, and increased maximum prison
    term to 5 years from 2 years.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

-End-


-CITE-
    13 USC SUBCHAPTER II - OTHER PERSONS                        01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER II - OTHER PERSONS

-HEAD-
                       SUBCHAPTER II - OTHER PERSONS                   

-End-



-CITE-
    13 USC Sec. 221                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER II - OTHER PERSONS

-HEAD-
    Sec. 221. Refusal or neglect to answer questions; false answers

-STATUTE-
      (a) Whoever, being over eighteen years of age, refuses or
    willfully neglects, when requested by the Secretary, or by any
    other authorized officer or employee of the Department of Commerce
    or bureau or agency thereof acting under the instructions of the
    Secretary or authorized officer, to answer, to the best of his
    knowledge, any of the questions on any schedule submitted to him in
    connection with any census or survey provided for by subchapters I,
    II, IV, and V of chapter 5 of this title, applying to himself or to
    the family to which he belongs or is related, or to the farm or
    farms of which he or his family is the occupant, shall be fined not
    more than $100.
      (b) Whoever, when answering questions described in subsection (a)
    of this section, and under the conditions or circumstances
    described in such subsection, willfully gives any answer that is
    false, shall be fined not more than $500.
      (c) Notwithstanding any other provision of this title, no person
    shall be compelled to disclose information relative to his
    religious beliefs or to membership in a religious body.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 85-207, Sec. 15,
    Aug. 28, 1957, 71 Stat. 484; Pub. L. 94-521, Sec. 13, Oct. 17,
    1976, 90 Stat. 2465.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 122, 209, and section
    1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare
    (June 18, 1929, ch. 28, Sec. 9, 46 Stat. 23; June 19, 1948, ch.
    502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI, Sec.
    607, 63 Stat. 441).
      Section consolidates the first paragraph of section 209 of title
    13, U.S.C., 1952 ed., which section related to the decennial
    censuses of population, agriculture, etc. (see subchapter II of
    chapter 5 of this revised title), with that part of section 122 of
    such title which made such section 209 applicable to the
    quinquennial censuses of manufactures, the mineral industries, and
    other businesses (see subchapter I of chapter 5 of this revised
    title) and applicable to the surveys provided for by section 121(b)
    of such title (see subchapter IV of chapter 5 of this revised
    title), and that part of subsection (b) of section 1442 of title
    42, U.S.C., 1952 ed., which made such section 209 applicable to the
    decennial censuses of housing (see subchapter II of chapter 5 of
    this revised title). For remainder of sections 122 and 209 of title
    13, U.S.C., 1952 ed., and of section 1442 of title 42, U.S.C., 1952
    ed. (which section has been transferred in its entirety to this
    revised title), see Distribution Table.
      The language of section 209 of title 13, U.S.C., 1952 ed.,
    providing that it should "be the duty" of all persons over eighteen
    years of age, to answer correctly, to the best of their knowledge,
    when requested, etc., was omitted as unnecessary and redundant. The
    provisions, as herein revised, define offenses and prescribe
    penalties for committing them, and are deemed sufficient for the
    purpose of enforcement. However, some of the language used in the
    omitted provisions was necessarily included in the description of
    the offense.
      The designation of the first offense, herein described, as a
    "misdemeanor", was omitted as covered by section 1 of title 18,
    U.S.C., 1952 ed., Crimes and Criminal Procedure, classifying
    crimes; and words "upon conviction thereof" were omitted as
    surplusage.
      References to the Secretary (of Commerce) and to any "authorized
    officer or employee of the Department of Commerce or bureau or
    agency thereof", etc., were substituted for references to the
    Director of the Census and to any "supervisor, enumerator, or
    special agent, or other employee of the Census Office", to conform
    with 1950 Reorganization Plan No. 5, Secs. 1, 2, eff. May 24, 1950,
    15 F.R. 3174, 64 Stat. 1263. See revision note to section 4 of this
    title.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1976 - Subsec. (a). Pub. L. 94-521, Sec. 13(1), struck out
    provision authorizing imprisonment for not more than sixty days for
    refusing or willfully neglecting to answer questions under this
    section.
      Subsec. (b). Pub. L. 94-521, Sec. 13(2), struck out provision
    authorizing imprisonment for not more than one year for willfully
    giving a false answer to a question under this section.
      Subsec. (c). Pub. L. 94-521, Sec. 13(3), added subsec. (c).
      1957 - Subsec. (a). Pub. L. 85-207 substituted "I, II, IV, and V"
    for "I, II, and IV".

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

-End-



-CITE-
    13 USC Sec. 222                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER II - OTHER PERSONS

-HEAD-
    Sec. 222. Giving suggestions or information with intent to cause
      inaccurate enumeration of population

-STATUTE-
      Whoever, either directly or indirectly, offers or renders to any
    officer or employee of the Department of Commerce or bureau or
    agency thereof engaged in making an enumeration of population under
    subchapter II, IV, or V of chapter 5 of this title, any suggestion,
    advice, information or assistance of any kind, with the intent or
    purpose of causing an inaccurate enumeration of population to be
    made, shall be fined not more than $1,000 or imprisoned not more
    than one year, or both.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 85-207, Sec. 16,
    Aug. 28, 1957, 71 Stat. 484.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 122, 209 (June 18,
    1929, ch. 28, Sec. 9, 46 Stat. 23; June 19, 1948, ch. 502, Sec. 2,
    62 Stat. 479).
      Section consolidates the second paragraph of section 209 of title
    13, U.S.C., 1952 ed., which was a part of chapter 4 of that title
    relating to censuses of population, agriculture, etc., with that
    part of section 122 of such title which made such section 209
    applicable to the interim surveys provided for by section 121(b) of
    such title (see subchapter IV of chapter 5 of this revised title).
    For remainder of such sections 122 and 209, see Distribution Table.
      Section 122 of title 13, U.S.C., 1952 ed., made section 209 of
    such title applicable to the quinquennial censuses of manufactures,
    the mineral industries, and other businesses provided for by
    section 121(a) thereof (subchapter I of chapter 5 of this revised
    title), and applicable, with certain qualifications and exceptions,
    to the interim surveys, which section 121(b) thereof provided for,
    not only with respect to those censuses but also the censuses
    provided for in "other Acts" (chapter 5 of this title). However,
    the particular provisions of such section 209 that have been
    carried into this revised section related only to population
    enumerations, and this section has accordingly been restricted to
    the population censuses authorized under subchapter II of chapter 5
    of this title, and to the interim surveys authorized under
    subchapter IV of such chapter only in so far as they relate to
    population enumerations. The exceptions and qualifications with
    respect to the application of this section to such interim surveys
    are set out elsewhere in this subchapter.
      Reference to "any officer or employee" was substituted for "any
    supervisor, supervisor's clerk, enumerator, interpreter, special
    agent, or other officer or employee", as the latter enumeration of
    the types of employees is unnecessary and redundant; and
    "Department of Commerce or bureau or agency thereof" was
    substituted for "Census Office", to conform with 1950
    Reorganization Plan No. 5, Secs. 1, 2, effective May 24, 1950, 15
    F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this
    title.
      Subsection (b) of section 1442 of title 42, U.S.C., 1952 ed., The
    Public Health and Welfare (which section has been transferred in
    its entirety to this revised title), made section 209 of title 13,
    U.S.C., 1952 ed., applicable to the censuses of housing (subchapter
    II of chapter 5 of this revised title). However, the particular
    provisions of such section 209 that have been carried into this
    revised section, could not, by their terms, be relevant to housing
    censuses, hence no reference is made in this section to such
    censuses.
      Words in section 209 of title 13, U.S.C., 1952 ed., "either as to
    the number of persons resident in any district or community, or in
    any other respect", were omitted from the revised section as
    unnecessary and superfluous.
      Reference to the offense described as a "misdemeanor" was omitted
    as covered by section 1 of title 18, U.S.C., Crimes and Criminal
    Procedure, classifying offenses; and words "and upon conviction
    thereof" were omitted as surplusage.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1957 - Pub. L. 85-207 substituted "II, IV, or V" for "II or IV".

-End-



-CITE-
    13 USC Sec. 223                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER II - OTHER PERSONS

-HEAD-
    Sec. 223. Refusal, by owners, proprietors, etc., to assist census
      employees

-STATUTE-
      Whoever, being the owner, proprietor, manager, superintendent, or
    agent of any hotel, apartment house, boarding or lodging house,
    tenement, or other building, refuses or willfully neglects, when
    requested by the Secretary or by any other officer or employee of
    the Department of Commerce or bureau or agency thereof, acting
    under the instructions of the Secretary, to furnish the names of
    the occupants of such premises, or to give free ingress thereto and
    egress therefrom to any duly accredited representative of such
    Department or bureau or agency thereof, so as to permit the
    collection of statistics with respect to any census provided for in
    subchapters I and II of chapter 5 of this title, or any survey
    authorized by subchapter IV or V of such chapter insofar as such
    survey relates to any of the subjects for which censuses are
    provided by such subchapters I and II, including, when relevant to
    the census or survey being taken or made, the proper and correct
    enumeration of all persons having their usual place of abode in
    such premises, shall be fined not more than $500.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 85-207, Sec. 17,
    Aug. 28, 1957, 71 Stat. 484.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 122, 209, and section
    1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare
    (June 18, 1929, ch. 28, Sec. 9, 46 Stat. 23; June 19, 1948, ch.
    502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338. title VI, Sec.
    607, 63 Stat. 441).
      Section consolidates the third paragraph of section 209 of title
    13, U.S.C., 1952 ed., which was a part of chapter 4 of that title
    relating to censuses of population, agriculture, etc. (subchapter
    II of chapter 5 of this revised title), with that part of section
    122 of such title which made such section 209 applicable to the
    quinquennial censuses of manufactures, the mineral industries, and
    other businesses provided for by section 121(a) of such title
    (subchapter I of chapter 5 of this revised title) and, with certain
    qualifications and exceptions, applicable to the interim surveys
    provided for by section 121(b) of such title (subchapter IV of
    chapter 5 of this revised title), and with that part of subsection
    (b) of section 1442 of title 42, U.S.C., 1952 ed., which made such
    section 209 applicable to the decennial censuses of housing
    (subchapter II of chapter 5 of this revised title). For remainder
    of sections 122 and 209 of this revised title, and of section 1442
    of title 42, U.S.C., 1952 ed. (which section has been transferred
    in its entirety to this revised title), see Distribution Table.
      Section 122 of title 13, U.S.C., 1952 ed., made section 209 of
    such title applicable to the interim surveys (provided for by
    section 121(b) thereof) not only with respect to the censuses of
    manufacturers, the mineral industries, and other businesses
    provided for by section 121(a) thereof, but also with respect to
    the censuses provided for by "other Acts" (chapter 5 of this
    title). However, section 252 of that title, which was a part of a
    chapter thereof relating to the quinquennial censuses of
    governments (subchapter III of chapter 5 of this revised title), in
    making certain sections of chapter 4 thereof applicable to such
    censuses, did not specify such section 209. Therefore, this revised
    section is not made so applicable, either to the censuses of
    governments provided for in subchapter III of chapter 5 of this
    title, or to surveys provided for in subchapter IV thereof in so
    far as such surveys relate to governments.
      The language of section 209 of title 13, U.S.C., 1952 ed.,
    providing that it should "be the duty" of every owner, proprietor,
    etc., to furnish the described information or assistance was
    omitted as unnecessary and redundant. The provisions, as herein
    revised, define an offense and prescribe a penalty for committing
    it, and are deemed sufficient for the purpose of enforcement.
    However, some of the language used in the omitted provisions was
    necessarily included in the description of the offense.
      References to the Secretary (of Commerce) and to "any other
    officer or employee of the Department of Commerce or bureau or
    agency thereof" were substituted for references to the Director of
    the Census and the Census Office, to conform with 1950
    Reorganization Plan No. 5, Secs. 1, 2, eff. May 24, 1950, 15 F.R.
    3174, 64 Stat. 1263. See Revision Note to section 4 of this title.
      The enumeration of the different types of employees, in section
    209 of title 13, U.S.C., 1952 ed., "supervisor, enumerator,", etc.,
    was omitted as unnecessary and covered by the reference in this
    revised section to "officer or employee".
      Reference in section 209 of title 13, U.S.C., 1952 ed., to the
    described offense as a "misdemeanor" was omitted as covered by
    section 1 of title 18, U.S.C., 1952 ed., Crimes and Criminal
    Procedure, classifying offenses, and words in such section "and
    upon conviction thereof" were omitted as surplusage.
      Changes were made in phraseology.
      The qualifications and exceptions contained in that part of
    section 122 of title 13, U.S.C., 1952 ed., which made section 209
    of such title applicable to the surveys provided for in section
    121(b) thereof (subchapter IV of chapter 5 of this revised title),
    are set out elsewhere in this subchapter.

                                AMENDMENTS                            
      1957 - Pub. L. 85-207 inserted "or V" after "subchapter IV".

-End-



-CITE-
    13 USC Sec. 224                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER II - OTHER PERSONS

-HEAD-
    Sec. 224. Failure to answer questions affecting companies,
      businesses, religious bodies, and other organizations; false
      answers

-STATUTE-
      Whoever, being the owner, official, agent, person in charge, or
    assistant to the person in charge, of any company, business,
    institution, establishment, religious body, or organization of any
    nature whatsoever, neglects or refuses, when requested by the
    Secretary or other authorized officer or employee of the Department
    of Commerce or bureau or agency thereof, to answer completely and
    correctly to the best of his knowledge all questions relating to
    his company, business, institution, establishment, religious body,
    or other organization, or to records or statistics in his official
    custody, contained on any census or other schedule or questionnaire
    prepared and submitted to him under the authority of this title,
    shall be fined not more than $500; and if he willfully gives a
    false answer to any such question, he shall be fined not more than
    $10,000.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1024; Pub. L. 85-207, Sec. 18,
    Aug. 28, 1957, 71 Stat. 484; Pub. L. 94-521, Sec. 14, Oct. 17,
    1976, 90 Stat. 2465.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 74, 84, 122, 210, and
    section 1442 of title 42, U.S.C., 1952 ed., The Public Health and
    Welfare (Aug. 7, 1916, ch. 274, Sec. 4, 39 Stat. 437; Apr. 2, 1924,
    ch. 80, Sec. 4, 43 Stat. 32; June 18, 1929, ch. 28, Secs. 10, 21,
    46 Stat. 24, 26; June 14, 1938, ch. 358, 52 Stat. 678; July 25,
    1947, ch. 331, 61 Stat. 457; June 19, 1948, ch. 502, Sec. 2, 62
    Stat. 479; July 15, 1949, ch. 338, title VI, Sec. 607, 63 Stat.
    441).
      Section consolidates parts of sections 74 and 84 of title 13,
    U.S.C., 1952 ed., relating to cotton statistics and statistics on
    oilseeds, nuts and kernels, fats, oils and greases (subchapters I
    and II of chapter 3 of this revised title), all of section 210 of
    such title, which section was a part of chapter 4 thereof relating
    to the decennial censuses of population, agriculture, etc.
    (subchapter II of chapter 5, of this revised title), with that part
    of section 122 of such title which made such section 210 applicable
    to the quinquennial censuses of manufactures, the mineral
    industries, and other businesses provided for in section 121(a) of
    such title (subchapter I of chapter 5 of this revised title), and,
    with certain qualifications and exceptions, applicable to the
    interim surveys provided for by section 121(b) of such title
    (subchapter IV of chapter 5 of this revised title), and that part
    of subsection (b) of section 1442 of title 42, U.S.C., 1952 ed.,
    which made such section 210 applicable to the decennial censuses of
    housing (subchapter II of chapter 5 of this revised title). For
    remainder of sections 74, 84 and 122 of title 13, U.S.C., 1952 ed.,
    and of section 1442 of title 42, U.S.C., 1952 ed. (which section
    has been transferred in its entirety to this revised title), see
    Distribution Table.
      Section 210 of title 13, U.S.C., 1952 ed., by its own terms was
    applicable to the collection of miscellaneous statistics provided
    for by section 111 of such title (subchapter III of chapter 3 of
    this revised title), except that such section 111 placed certain
    restrictions upon the collection of statistics on religion. These
    restrictions, along with those of section 122 of such title with
    respect to the making of surveys, and along with provisions
    excepting this section from application to the censuses of
    governments provided for by section 251 of title 13, U.S.C., 1952
    ed. (subchapter III of chapter 5 of this revised title), are set
    out as another section in this revised title. Subject to those
    exceptions and restrictions, this section applies to all
    collections and censuses provided for in this title, in so far as
    it is relevant.
      Sections 74, 84 and 210 of title 13, U.S.C., 1952 ed., described
    the same type of offenses, but the penal provisions varied. Section
    74 prescribed maximum fine of $1,000 and maximum imprisonment of
    one year, for refusal to answer or giving a false answer; section
    84 prescribed maximum fine of $1,000 for refusal to answer or
    giving false answer, with no imprisonment; and section 210
    prescribed maximum fine of $500 and maximum imprisonment of sixty
    days for refusal to answer, and maximum fine of $10,000 and maximum
    imprisonment of one year for giving a false answer. In addition,
    such section 74 prescribed a minimum fine of $300 for refusal to
    answer or giving a false answer. This revised section adopts the
    penalties of such section 210, which was the latest enactment on
    the subject, and which might have been regarded as having
    superseded the penal provisions of such sections 74 and 84.
    According to its own terms, its penal provisions were applicable
    not only to the censuses of population, agriculture, etc., provided
    for in chapter 4 of title 13, U.S.C., 1952 ed., but also to any
    schedules prepared under the act of March 6, 1902 (sections 1-6,
    77, 101, 111, and 112 of such title), or under acts amendatory
    thereof "or supplemental thereto." This reference did not cover
    sections 74 and 84 specifically, but such sections, enacted in 1924
    and 1916, respectively, could probably be regarded as having been
    "supplemental" to the 1902 act. In any event, this revised section
    establishes uniform penalties for refusal to answer, or giving a
    false answer in the circumstances stated. Further, the prescribed
    penalties are the maximum, and any lesser penalty can be imposed if
    the facts of the case warrant it.
      Reference to the "Secretary [of Commerce] or other authorized
    officer or employee of the Department of Commerce or bureau or
    agency thereof" was substituted for references to the Director of
    the Census and employees of the Bureau of the Census, to conform
    with 1950 Reorganization Plan No. 5, Secs. 1, 2, eff. May 24, 1950,
    15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this
    title.
      References to the offenses as being in each case a "misdemeanor"
    were omitted as covered by section 1 of title 18, U.S.C., 1952 ed.,
    Crimes and Criminal Procedure, classifying crimes; and words "upon
    conviction thereof" and "at the discretion of the court" were
    omitted as surplusage.
      The provision permitting the requests to be made by registered
    mail, by telegraph, by visiting representative, or by one or more
    of these methods, was contained in sections 74 and 84 of title 13,
    U.S.C., 1952 ed., but not in section 210 of such title. It is
    retained in this section as probably a desirable provision to apply
    generally.
      Provisions in sections 74, 84 and 210 of title 13, U.S.C., 1952
    ed., that it "shall be the duty" of the persons referred to, to
    answer correctly, etc., were omitted as unnecessary and redundant.
    This section defines offenses and prescribes penalties for
    committing them, and are deemed sufficient for the purpose of
    enforcement. However, some of the language used in the omitted
    provisions was necessarily included in the description of the
    offenses.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1976 - Pub. L. 94-521 struck out provision enumerating methods by
    which the Department of Commerce may transmit a request to answer
    census questions under this section, substituted "schedule or
    questionnaire" for "schedule", struck out provision authorizing a
    sixty day maximum prison term for neglecting or refusing to answer
    census questions submitted under this section and a similar
    provision authorizing a one year maximum prison term for willfully
    giving a false answer to any such questions.
      1957 - Pub. L. 85-207 inserted "by certified mail," after "by
    registered mail,".

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

-End-



-CITE-
    13 USC Sec. 225                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER II - OTHER PERSONS

-HEAD-
    Sec. 225. Applicability of penal provisions in certain cases

-STATUTE-
      (a) In connection with any survey conducted by the Secretary or
    other authorized officer or employee of the Department of Commerce
    or bureau or agency thereof pursuant to subchapter IV of chapter 5
    of this title, the provisions of sections 221, 222, 223 and 224 of
    this title shall apply - 
        (1) with respect to the answering of questions and furnishing
      of information, only to such inquiries as are within the scope of
      the schedules and questionnaires and of the type and character
      heretofore used in connection with the taking of complete
      censuses under subchapters I and II of chapter 5 of this title,
      or in connection with any censuses hereafter taken pursuant to
      such subchapters;
        (2) only after publication of a determination with reasons
      therefor certified by the Secretary, or by some other authorized
      officer or employee of the Department of Commerce or bureau or
      agency thereof with the approval of the Secretary, that the
      information called for is needed to aid or permit the efficient
      performance of essential governmental functions or services, or
      has significant application to the needs of the public, business,
      or industry and is not publicly available from nongovernmental or
      other governmental sources;
        (3) in the case of any new survey, only after public notice,
      given by the Secretary or other authorized officer or employee of
      the Department of Commerce or bureau or agency thereof at least
      thirty days in advance of requesting a return, that such survey
      is under consideration.

      (b) The provisions for imprisonment provided by section 222 of
    this title shall not apply in connection with any survey conducted
    pursuant to subchapter II of chapter 3 of this title, or to
    subchapter IV of chapter 5 of this title.
      (c) The provisions of sections 221, 222, 223, and 224 of this
    title shall not apply to any censuses or surveys of governments
    provided for by subchapters III and IV of chapter 5 of this title,
    nor to other surveys provided for by subchapter IV of such chapter
    which are taken more frequently than annually.
      (d) Where the doctrine, teaching, or discipline of any religious
    denomination or church prohibits the disclosure of information
    relative to membership, a refusal, in such circumstances, to
    furnish such information shall not be an offense under this
    chapter.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1024; Pub. L. 94-521, Sec.
    15(a), Oct. 17, 1976, 90 Stat. 2465.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 111, 122 (Mar. 2,
    1902, ch. 139, Sec. 7, 32 Stat. 52; June 7, 1906, ch. 3048, 34
    Stat. 218; June 18, 1929, ch. 28, Sec. 3, 46 Stat. 26; 1939 Reorg.
    Plan No. II, Sec. 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
    1431; 1940 Reorg. Plan No. III, Sec. 3, eff. June 30, 1940, 5 F.R.
    2107, 54 Stat. 1232; June 25, 1947, ch. 124, 61 Stat. 163; June 19,
    1948, ch. 502, Sec. 1, 62 Stat. 478; Sept. 7, 1950, ch. 910, Sec.
    4, 64 Stat. 785).
      Section consolidates parts of sections 111 and 122 of title 13,
    U.S.C., 1952 ed., with changes in phraseology necessary to effect
    consolidation and to preserve the intent, scope and meaning of the
    parts of such sections so consolidated. For remainder of such
    sections 111 and 122, see Distribution Table.
      Subsections (a) and (b) of this revised section are from section
    122 of title 13, U.S.C., 1952 ed., and in subsection (a) references
    to the Secretary (of Commerce) and to "other authorized officer or
    employee of the Department of Commerce or bureau or agency thereof"
    were substituted for references to the Director of the Census to
    conform with 1950 Reorganization Plan No. 5, Secs. 1, 2, eff. May
    24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section
    4 of this title.
      Subsection (c) is partly new (but preserves existing law), and
    partly from section 122 of title 13, U.S.C., 1952 ed. Section 252
    of title 13, U.S.C., 1952 ed., which related to the censuses of
    governments provided by section 251 thereof (see subchapter III of
    chapter 5 of this title), made certain sections in chapter 4 of
    that title relating to censuses of population, agriculture, etc.,
    applicable to such censuses of governments. However, it did not
    list sections 209 and 210 of such title among the sections made so
    applicable, probably because they would hardly be relevant and
    capable of application to such censuses. Subsection (c) makes it
    clear that sections 221-224 of this revised title, into which were
    carried the provisions of such sections 209 and 210, and which
    speak in general terms, are not applicable to the censuses and
    surveys of governments.
      Subsection (d) is from section 111 of title 13, U.S.C., 1952 ed.
    Words in this subsection, "a refusal, in such circumstances, to
    furnish such information shall not be an offense under this
    chapter", read "such information shall not be required". It was
    felt that such exception in such section 111 was actually more in
    the nature of an exception to the penal provisions, and it has been
    so treated in this revised title. The collection of statistics on
    religion are provided for in section 102 of this title.

                                AMENDMENTS                            
      1976 - Subsec. (a)(1). Pub. L. 94-521, Sec. 15(a)(1), inserted
    "and questionnaires" after "schedules".
      Subsec. (b). Pub. L. 94-521, Sec. 15(a)(2), struck out reference
    to imprisonment provisions provided by sections 221 and 224 of this
    title.

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

-End-


-CITE-
    13 USC SUBCHAPTER III - PROCEDURE                           01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER III - PROCEDURE

-HEAD-
                        SUBCHAPTER III - PROCEDURE                    

-End-



-CITE-
    13 USC Sec. 241                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 7 - OFFENSES AND PENALTIES
    SUBCHAPTER III - PROCEDURE

-HEAD-
    Sec. 241. Evidence

-STATUTE-
      When any request for information, made by the Secretary or other
    authorized officer or employee of the Department of Commerce or
    bureau or agency thereof, is made by registered or certified mail
    or telegram, the return receipt therefor or other written receipt
    thereof shall be prima facie evidence of an official request in any
    prosecution under such section.

-SOURCE-
    (Aug. 31, 1954, ch. 1158, 68 Stat. 1025; Pub. L. 85-207, Sec. 19,
    Aug. 28, 1957, 71 Stat. 484; Pub. L. 94-521, Sec. 15(b), Oct. 17,
    1976, 90 Stat. 2465.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 13, U.S.C., 1952 ed., Secs. 74, 84 (Aug. 7, 1916,
    ch. 274, Sec. 4, 39 Stat. 437; Apr. 2, 1924, ch. 80, Sec. 4, 43
    Stat. 32; June 18, 1929, ch. 28, Sec. 21, 46 Stat. 26; June 14,
    1938, ch. 358, 52 Stat. 678; July 25, 1947, ch. 331, 61 Stat. 457).
      Section consolidates part of section 74 of title 13, U.S.C., 1952
    ed., which section related to the collection of cotton statistics,
    with part of section 84 of such title, which section related to the
    collection of statistics on oilseeds, nuts and kernels, fats, oils
    and greases. For remainder of such sections 74 and 84, see
    Distribution Table.
      Section 74 of title 13, U.S.C., 1952 ed., authorized the making
    of requests for information by registered mail, and provided that,
    if so made, the registry receipt should be "accepted as evidence of
    such demand". Section 84 thereof authorized the making of requests
    by registered mail, or "by telegraph", and provided that, if so
    made, the "return" receipt therefor should be "prima facie evidence
    of an official request". The authorizations contained in such
    sections have been carried into section 224 of this title, and the
    evidentiary provisions thereof have been carried into this section,
    and they apply to investigations other than those to which such
    sections 74 and 84 related. See Revision Note to section 224 of
    this title.
      In this revised section, the language of section 84 of title 13,
    U.S.C., 1952 ed., was largely followed as probably being the more
    desirable, but "or other written receipt thereof" was inserted
    since there is no return receipt with respect to a telegram, and
    words "in any prosecution under such section" were inserted for the
    purpose of completeness.
      Further, words "Secretary or other authorized officer or employee
    of the Department of Commerce or bureau or agency thereof" were
    substituted for references to the Director of the Census, to
    conform with 1950 Reorganization Plan No. 5, Secs. 1, 2, eff. May
    24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section
    4 of this title.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1976 - Pub. L. 94-521 struck out "as authorized by section 224 of
    this title" after "telegram".
      1957 - Pub. L. 85-207 inserted "or certified" after "registered".

                     EFFECTIVE DATE OF 1976 AMENDMENT                 
      Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section
    17 of Pub. L. 94-521, set out as a note under section 1 of this
    title.

-End-


-CITE-
    13 USC CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN
           COMMERCE AND TRADE STATISTICS                   01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
                 STATISTICS                        

-HEAD-
      CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND
                             TRADE STATISTICS

-MISC1-
    Sec.                                                     
    301.        Collection and publication.                           
    302.        Rules, regulations, and orders.                       
    303.        Secretary of Treasury, functions.(!1)                  
    304.        Filing export information, delayed filings, penalties
                 for failure to file.                                 
    305.        Penalties for unlawful export information activities. 
    306.        Delegation of functions.                              
    307.        Relationship to general census law.                   

                                AMENDMENTS                            
      2002 - Pub. L. 107-228, div. B, title XIV, Sec. 1404(f)(2), Sept.
    30, 2002, 116 Stat. 1456, added item 305 and struck out former item
    305 "Violations, penalties".

-FOOTNOTE-
    (!1) So in original. Does not conform to section catchline.


-End-



-CITE-
    13 USC Sec. 301                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
                 STATISTICS                        

-HEAD-
    Sec. 301. Collection and publication

-STATUTE-
      (a) The Secretary is authorized to collect information from all
    persons exporting from, or importing into, the United States and
    the noncontiguous areas over which the United States exercises
    sovereignty, jurisdiction, or control, and from all persons engaged
    in trade between the United States and such noncontiguous areas and
    between those areas, or from the owners, or operators of carriers
    engaged in such foreign commerce or trade, and shall compile and
    publish such information pertaining to exports, imports, trade, and
    transportation relating thereto, as he deems necessary or
    appropriate to enable him to foster, promote, develop, and further
    the commerce, domestic and foreign, of the United States and for
    other lawful purposes.
      (b) The Secretary shall submit to the Committee on Ways and Means
    of the House of Representatives and the Committee on Finance of the
    Senate, on quarterly and cumulative bases, statistics on United
    States imports for consumption and United States exports by country
    and by product. Statistics on United States imports shall be
    submitted in accordance with the Harmonized Tariff Schedule of the
    United States Annotated for Statistical Reporting Purposes and
    general statistical note 1 thereof, in detail as follows:
        (1) net quantity;
        (2) United States customs value;
        (3) purchase price or its equivalent;
        (4) equivalent of arm's length value;
        (5) aggregate cost from port of exportation to United States
      port of entry;
        (6) a United States port of entry value comprised of (5) plus
      (4), if applicable, or, if not applicable, (5) plus (3); and
        (7) for transactions where (3) and (4) are equal, the total
      value of such transactions.

    The data for paragraphs (1), (2), (3), (5), and (6) shall be
    reported separately for nonrelated and related party transactions,
    and shall also be reported as a total of all transactions.
      (c) In submitting any information under subsection (b) with
    respect to exports, the Secretary shall state separately from the
    total value of all exports - 
        (1)(A) the value of agricultural commodities exported under the
      Agricultural Trade Development and Assistance Act of 1954, as
      amended; and
        (B) the total amount of all export subsidies paid to exporters
      by the United States under such Act for the exportation of such
      commodities; and
        (2) the value of goods exported under the Foreign Assistance
      Act of 1961.

      (d) To assist the Secretary to carry out the provisions of
    subsections (b) and (c) - 
        (1) the Secretary of Agriculture shall furnish information to
      the Secretary concerning the value of agricultural commodities
      exported under provisions of the Agricultural Trade Development
      and Assistance Act of 1954, as amended, and the total amounts of
      all export subsidies paid to exporters by the United States under
      such Act for the exportation of such commodities; and
        (2) the Secretary of State shall furnish information to the
      Secretary concerning the value of goods exported under the
      provisions of the Foreign Assistance Act of 1961, as amended.

      (e) There shall be reported, on monthly and cumulative bases, for
    each heading or subheading in the Harmonized Tariff Schedule of the
    United States Annotated for Statistical Reporting Purposes, the
    United States port of entry value (as determined under subsection
    (b)(6)). There shall be reported, on monthly and cumulative bases,
    the balance of international trade for the United States reflecting
    (1) the aggregate value of all United States imports as reported in
    accordance with the first sentence of this subsection, and (2) the
    aggregate value of all United States exports. The information
    required to be reported under this subsection shall be reported in
    a form that is adjusted for economic inflation or deflation (on a
    constant dollar basis consistent with the reporting of the National
    Income and Product Accounts), and in a form that is not so
    adjusted.
      (f) On or before January 1, 1981, and as often thereafter as may
    be necessary to reflect significant changes in rates, there shall
    be reported for each heading or subheading in the Harmonized Tariff
    Schedule of the United States Annotated for Statistical Reporting
    Purposes, the ad valorem or ad valorem equivalent rate of duty
    which would have been required to be imposed on dutiable imports
    under that heading or subheading, if the United States customs
    values of such imports were based on the United States port of
    entry value (as reported in accordance with the first sentence of
    subsection (e)) in order to collect the same amount of duties on
    imports under that heading or subheading as are currently
    collected.
      (g) Shippers' Export Declarations (or any successor document),
    wherever located, shall be exempt from public disclosure unless the
    Secretary determines that such exemption would be contrary to the
    national interest.
      (h) The Secretary is authorized to require by regulation the
    filing of Shippers' Export Declarations under this chapter through
    an automated and electronic system for the filing of export
    information established by the Department of the Treasury.

-SOURCE-
    (Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 951; amended
    Pub. L. 93-618, title VI, Sec. 609(a), Jan. 3, 1975, 88 Stat. 2074;
    Pub. L. 96-39, title XI, Sec. 1108(a), July 26, 1979, 93 Stat. 313;
    Pub. L. 96-275, Sec. 1, June 17, 1980, 94 Stat. 539; Pub. L. 100-
    418, title I, Secs. 1214(a)(2), 1931(a), 1932, Aug. 23, 1988, 102
    Stat. 1155, 1320; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B,
    title XII, Sec. 1252(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A-
    506.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Harmonized Tariff Schedule of the United States, referred to
    in subsecs. (b), (e), and (f), is not set out in the Code. See
    Publication of Harmonized Tariff Schedule note set out under
    section 1202 of Title 19, Customs Duties.
      The Agricultural Trade Development and Assistance Act of 1954,
    referred to in subsecs. (c)(1), (d)(1), is act July 10, 1954, ch.
    649, 68 Stat. 454, as amended, which is classified generally to
    chapter 41 (Sec. 1691 et seq.) of Title 7, Agriculture. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1691 of Title 7 and Tables.
      The Foreign Assistance Act of 1961, referred to in subsecs.
    (c)(2), (d)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
    amended, which is classified principally to chapter 32 (Sec. 2151
    et seq.) of Title 22, Foreign Relations and Intercourse. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2151 of Title 22 and Tables.


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (h). Pub. L. 106-113 added subsec. (h).
      1988 - Subsec. (b). Pub. L. 100-418, Sec. 1214(a)(2)(A),
    substituted "Harmonized Tariff Schedule of the United States
    Annotated for Statistical Reporting Purposes and general
    statistical note 1 thereof" for "Tariff Schedules of the United
    States Annotated and general statistical headnote 1 thereof".
      Subsec. (e). Pub. L. 100-418, Sec. 1932, inserted at end "The
    information required to be reported under this subsection shall be
    reported in a form that is adjusted for economic inflation or
    deflation (on a constant dollar basis consistent with the reporting
    of the National Income and Product Accounts), and in a form that is
    not so adjusted."
      Pub. L. 100-418, Sec. 1931(a), struck out at end "The values and
    balance of trade required to be reported by this subsection shall
    be released no later than 48 hours before the release of any other
    government statistics concerning values of United States imports or
    United States balance of trade, or statistics from which such
    values or balance may be derived."
      Pub. L. 100-418, Sec. 1214(a)(2)(B), substituted "heading or
    subheading in the Harmonized Tariff Schedule of the United States
    Annotated for Statistical Reporting Purposes" for "item in the
    Tariff Schedules of the United States Annotated" in first sentence.
      Subsec. (f). Pub. L. 100-418, Sec. 1214(a)(2)(C), substituted
    "heading or subheading in the Harmonized Tariff Schedule of the
    United States Annotated for Statistical Reporting Purposes" for
    "item of the Tariff Schedules of the United States Annotated" and
    "under that heading or subheading" for "under that item", in two
    places.
      1980 - Subsec. (g). Pub. L. 96-275 added subsec. (g).
      1979 - Subsecs. (e), (f). Pub. L. 96-39 added subsecs. (e) and
    (f).
      1975 - Pub. L. 93-618 designated existing provisions as subsec.
    (a) and added subsecs. (b) to (d).

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII, Sec.
    1252(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-506, provided that:
    "The amendment made by subsection (a) [amending this section] shall
    take effect 270 days after the Secretary of Commerce, the Secretary
    of the Treasury, and the Director of the National Institute of
    Standards and Technology jointly provide a certification to the
    Committee on Foreign Relations of the Senate and the Committee on
    International Relations of the House of Representatives that a
    secure Automated Export System available through the Internet that
    is capable of handling the expected volume of information required
    to be filed under subsection (b) [set out below], plus the
    anticipated volume from voluntary use of the Automated Export
    System, has been successfully implemented and tested and is fully
    functional with respect to reporting all items on the United States
    Munitions List, including their quantities and destinations." [The
    Automated Export System Certification Report was submitted to the
    Committee on Foreign Relations of the Senate on June 11, 2001, and
    to the Committee on International Relations of the House of
    Representatives on May 31, 2001. See 66 F.R. 39006.]

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by section 1214(a)(2) of Pub. L. 100-418 effective Jan.
    1, 1989, and applicable with respect to articles entered on or
    after such date, see section 1217(b)(1) of Pub. L. 100-418, set out
    as an Effective Date note under section 3001 of Title 19, Customs
    Duties.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 4 of Pub. L. 96-275 provided that:
      "(a) Except as provided in subsection (b), this Act, and the
    amendments made by this Act [amending this section and enacting
    provisions set out as a note under this section], shall become
    effective on the later of July 1, 1980, or the date of enactment of
    this Act [June 17, 1980].
      "(b) The amendment made by section 2 [amending section 93 of
    former Title 46, Shipping] shall become effective on the date which
    is forty-five days after the date of enactment of this Act [June
    17, 1980]."

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Section 1108(b) of Pub. L. 96-39 provided that: "The amendment
    made by subsection (a) [amending this section] shall apply to
    reports made after December 31, 1979."

                     EFFECTIVE DATE OF 1975 AMENDMENT                 
      Section 609(b) of Pub. L. 93-618 provided that: "The amendments
    made by subsection (a) [amending this section] shall take effect on
    January 1, 1975."

                              EFFECTIVE DATE                          
      Section 4 of Pub. L. 87-826 provided that: "The provisions of
    this Act [enacting section 301 et seq. of this title and repealing
    sections 173, 174, 177, 179, 181, 184 to 187, and 193 of Title 15,
    Commerce and Trade, sections 92 and 95 of former Title 46,
    Shipping, and section 1486 of Title 48, Territories and Insular
    Possessions] shall take effect one hundred and eighty days after
    approval [Oct. 15, 1962], except that the last sentence of section
    337, "Fifth" of the Revised Statutes [section 174 of Title 15], and
    the requirement for oaths as found in section 4200 of the Revised
    Statutes [section 92 of former Title 46] shall be repealed
    effective on the date this Act is approved [Oct. 15, 1962]."

                                REGULATIONS                            
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII, Sec.
    1252(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-506, provided that:
      "(1) In general. - The Secretary of Commerce, with the
    concurrence of the Secretary of State, shall publish regulations in
    the Federal Register to require that, upon the effective date of
    those regulations, exporters (or their agents) who are required to
    file Shippers' Export Declarations under chapter 9 of title 13,
    United States Code, file such Declarations through the Automated
    Export System with respect to exports of items on the United States
    Munitions List or the Commerce Control List.
      "(2) Elements of the regulations. - The regulations referred to
    in paragraph (1) shall include at a minimum - 
        "(A) provision by the Department of Commerce for the
      establishment of on-line assistance services to be available for
      those individuals who must use the Automated Export System;
        "(B) provision by the Department of Commerce for ensuring that
      an individual who is required to use the Automated Export System
      is able to print out from the System a validated record of the
      individual's submission, including the date of the submission and
      a serial number or other unique identifier, where appropriate,
      for the export transaction; and
        "(C) a requirement that the Department of Commerce print out
      and maintain on file a paper copy or other acceptable back-up
      record of the individual's submission at a location selected by
      the Secretary of Commerce."

                IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM            
      Pub. L. 107-228, div. B, title XIV, Sec. 1404(a)-(c), Sept. 30,
    2002, 116 Stat. 1454, provided that:
      "(a) Contribution to the Automated Export System. - Of the amount
    provided under section 1402 of this Act [116 Stat. 1453], $250,000
    is authorized to be available for the purpose of - 
        "(1) providing the Department [of State] with full access to
      the Automated Export System;
        "(2) ensuring that the system is modified to meet the needs of
      the Department [of State], if such modifications are consistent
      with the needs of other United States Government agencies; and
        "(3) providing operational support.
      "(b) Mandatory Filing. - The Secretary of Commerce, with the
    concurrence of the Secretary of State and the Secretary of [the]
    Treasury, shall publish regulations in the Federal Register to
    require, upon the effective date of those regulations, that all
    persons who are required to file export information under chapter 9
    of title 13, United States Code, file such information through the
    Automated Export System.
      "(c) Requirement for Information Sharing. - The Secretary [of
    State] shall conclude an information-sharing arrangement with the
    heads of the United States Customs Service and the Census Bureau - 
        "(1) to allow the Department [of State] to access information
      on controlled exports made through the United States Postal
      Service; and
        "(2) to adjust the Automated Export System to parallel
      information currently collected by the Department."
      [For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.]

                             VOLUMETRIC INDEX                         
      Section 1931(b) of Pub. L. 100-418 provided that:
      "(1) The Director of the Census, in consultation with the
    Director of the Bureau of Economic Analysis and the Commissioner of
    Labor Statistics, shall conduct a study to determine the
    feasibility of developing, and of publishing, an index that
    measures the real volume of merchandise trade on a monthly basis,
    which would be reported simultaneously with the balance of
    merchandise trade for the United States.
      "(2) The Director of the Census shall submit to the Committee on
    Finance of the Senate and the Committee on Ways and Means of the
    House of Representatives a report on the study conducted under
    paragraph (1) by no later than the date that is one year after the
    date of enactment of this Act [Aug. 23, 1988]."

                    CONGRESSIONAL ACCESS TO INFORMATION                
      Section 3 of Pub. L. 96-275 provided that: "Nothing in this Act
    [enacting subsec. (g) of this section, amending section 93 of
    former Title 46, Shipping, and enacting provisions set out as notes
    under this section] shall be construed as authorizing the
    withholding of information from Congress."

-CROSS-
                                DEFINITIONS                            
      Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XII,
    subtitle E, Sec. 1256], Nov. 29, 1999, 113 Stat. 1536, 1501A-507,
    provided that: "In this subtitle [amending this section and
    enacting provisions set out as notes above]:
        "(1) Automated export system. - The term 'Automated Export
      System' means the automated and electronic system for filing
      export information established under chapter 9 of title 13,
      United States Code, on June 19, 1995 (60 Federal Register 32040).
        "(2) Commerce control list. - The term 'Commerce Control List'
      has the meaning given the term in section 774.1 of title 15, Code
      of Federal Regulations.
        "(3) Shippers' export declaration. - The term 'Shippers' Export
      Declaration' means the export information filed under chapter 9
      of title 13, United States Code, as described in part 30 of title
      15, Code of Federal Regulations.
        "(4) United states munitions list. - The term 'United States
      Munitions List' means the list of items controlled under section
      38 of the Arms Export Control Act (22 U.S.C. 2778)."

-End-



-CITE-
    13 USC Sec. 302                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
                 STATISTICS                        

-HEAD-
    Sec. 302. Rules, regulations, and orders

-STATUTE-
      The Secretary may make such rules, regulations, and orders as he
    deems necessary or appropriate to carry out the provisions of this
    chapter. Any rules, regulations, or orders issued pursuant to this
    authority may be established in such form or manner, may contain
    such classifications or differentiations, and may provide for such
    adjustments and reasonable exceptions as in the judgment of the
    Secretary are necessary or proper to effectuate the purpose of this
    chapter, or to prevent circumvention or evasion of any rule,
    regulation, or order issued hereunder. The Secretary may also
    provide by rule or regulation, for such confidentiality,
    publication, or disclosure, of information collected hereunder as
    he may deem necessary or appropriate in the public interest. Rules,
    regulations, and orders, or amendments thereto shall have the
    concurrence of the Secretary of the Treasury prior to promulgation.

-SOURCE-
    (Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 951.)

-End-



-CITE-
    13 USC Sec. 303                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
                 STATISTICS                        

-HEAD-
    Sec. 303. Secretary of Treasury functions

-STATUTE-
      To assist the Secretary to carry out the provisions of this
    chapter, the Secretary of the Treasury shall collect information in
    the form and manner prescribed by the regulations issued pursuant
    to this chapter from persons engaged in foreign commerce or trade
    and from the owners or operators of carriers.

-SOURCE-
    (Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 951; amended
    Pub. L. 107-228, div. B, title XIV, Sec. 1404(d), Sept. 30, 2002,
    116 Stat. 1454.)


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-228 struck out ", other than by mail," after
    "foreign commerce or trade".

-End-



-CITE-
    13 USC Sec. 304                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
                 STATISTICS                        

-HEAD-
    Sec. 304. Filing export information, delayed filings, penalties for
      failure to file

-STATUTE-
      (a) The information or reports in connection with the exportation
    or transportation of cargo required to be filed by carriers with
    the Secretary of the Treasury under any rule, regulation, or order
    issued pursuant to this chapter may be filed after the departure of
    such carrier from the port or place of exportation or
    transportation, whether such departing carrier is destined directly
    to a foreign port or place or to a noncontiguous area, or proceeds
    by way of other ports or places of the United States, provided that
    a bond in an approved form in a penal sum of $10,000 is filed with
    the Secretary of the Treasury. The Secretary of Commerce may, by a
    rule, regulation, or order issued in conformity herewith, prescribe
    a maximum period after such departure during which the required
    information or reports may be filed. In the event any such
    information or report is not filed within such prescribed period, a
    penalty not to exceed $1,000 for each day's delinquency beyond the
    prescribed period, but not more than $10,000 per violation shall be
    exacted. Civil suit may be instituted in the name of the United
    States against the principal and surety for the recovery of any
    penalties that may accrue and be exacted in accordance with the
    terms of the bond.
      (b) Any person, other than a person described in subsection (a),
    required to submit export information, shall file such information
    in accordance with any rule, regulation, or order issued pursuant
    to this chapter. In the event any such information or reports are
    not filed within such prescribed period, the Secretary of Commerce
    (and officers of the Department of Commerce specifically designated
    by the Secretary) may impose a civil penalty not to exceed $1,000
    for each day's delinquency beyond the prescribed period, but not
    more than $10,000 per violation.
      (c) The Secretary may remit or mitigate any penalty incurred for
    violations of this section and regulations issued pursuant thereto
    if, in his opinion, they were incurred without willful negligence
    or fraud, or other circumstances justify a remission or mitigation.

-SOURCE-
    (Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 952; amended
    Pub. L. 107-228, div. B, title XIV, Sec. 1404(e), Sept. 30, 2002,
    116 Stat. 1454.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-228, Sec. 1404(e)(1), substituted
    "a penal sum of $10,000" for "the penal sum of $1,000" in first
    sentence and "a penalty not to exceed $1,000 for each day's
    delinquency beyond the prescribed period, but not more than $10,000
    per violation" for "a penalty not to exceed $100 for each day's
    delinquency beyond the prescribed period, but not more than
    $1,000," in third sentence.
      Subsecs. (b), (c). Pub. L. 107-228, Sec. 1404(e)(2), (3), added
    subsec. (b) and redesignated former subsec. (b) as (c).

-End-



-CITE-
    13 USC Sec. 305                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
                 STATISTICS                        

-HEAD-
    Sec. 305. Penalties for unlawful export information activities

-STATUTE-
      (a) Criminal Penalties. - 
        (1) Failure to file; submission of false or misleading
      information. - Any person who knowingly fails to file or
      knowingly submits false or misleading export information through
      the Shippers Export Declaration (SED) (or any successor document)
      or the Automated Export System (AES) shall be subject to a fine
      not to exceed $10,000 per violation or imprisonment for not more
      than 5 years, or both.
        (2) Furtherance of illegal activities. - Any person who
      knowingly reports any information on or uses the SED or the AES
      to further any illegal activity shall be subject to a fine not to
      exceed $10,000 per violation or imprisonment for not more than 5
      years, or both.
        (3) Forfeiture penalties. - Any person who is convicted under
      this subsection shall, in addition to any other penalty, be
      subject to forfeiting to the United States - 
          (A) any of that person's interest in, security of, claim
        against, or property or contractual rights of any kind in the
        goods or tangible items that were the subject of the violation;
          (B) any of that person's interest in, security of, claim
        against, or property or contractual rights of any kind in
        tangible property that was used in the export or attempt to
        export that was the subject of the violation; and
          (C) any of that person's property constituting, or derived
        from, any proceeds obtained directly or indirectly as a result
        of the violation.

      (b) Civil Penalties. - The Secretary (and officers of the
    Department of Commerce specifically designated by the Secretary)
    may impose a civil penalty not to exceed $10,000 per violation on
    any person violating the provisions of this chapter or any rule,
    regulation, or order issued thereunder, except as provided in
    section 304. Such penalty may be in addition to any other penalty
    imposed by law.
      (c) Civil Penalty Procedure. - 
        (1) In general. - Whenever a civil penalty is sought for a
      violation of this section or of section 304, the charged party is
      entitled to receive a formal complaint specifying the charges
      and, at his or her request, to contest the charges in a hearing
      before an administrative law judge. Any such hearing shall be
      conducted in accordance with sections 556 and 557 of title 5,
      United States Code.
        (2) Commencement of civil actions. - If any person fails to pay
      a civil penalty imposed under this chapter, the Secretary may
      request the Attorney General to commence a civil action in an
      appropriate district court of the United States to recover the
      amount imposed (plus interest at currently prevailing rates from
      the date of the final order). No such action may be commenced
      more than 5 years after the date the order imposing the civil
      penalty becomes final. In such action, the validity, amount, and
      appropriateness of such penalty shall not be subject to review.
        (3) Remission or mitigation of penalties. - The Secretary may
      remit or mitigate any penalties imposed under paragraph (1) if,
      in the Secretary's opinion - 
          (A) the penalties were incurred without willful negligence or
        fraud; or
          (B) other circumstances exist that justify a remission or
        mitigation.

        (4) Applicable law for delegated functions. - If, pursuant to
      section 306, the Secretary delegates functions under this section
      to another agency, the provisions of law of that agency relating
      to penalty assessment, remission or mitigation of such penalties,
      collection of such penalties, and limitations of actions and
      compromise of claims, shall apply.
        (5) Deposit of payments in general fund of the treasury. - Any
      amount paid in satisfaction of a civil penalty imposed under this
      section or section 304 shall be deposited into the general fund
      of the Treasury and credited as miscellaneous receipts.

      (d) Enforcement. - 
        (1) By the secretary of commerce. - The Secretary of Commerce
      may designate officers or employees of the Office of Export
      Enforcement to conduct investigations pursuant to this chapter.
      In conducting such investigations, those officers or employees
      may, to the extent necessary or appropriate to the enforcement of
      this chapter, exercise such authorities as are conferred upon
      them by other laws of the United States, subject to policies and
      procedures approved by the Attorney General.
        (2) By the commissioner of customs. - The Commissioner of
      Customs may designate officers or employees of the Customs
      Service to enforce the provisions of this chapter, or to conduct
      investigations pursuant to this chapter.

      (e) Regulations. - The Secretary of Commerce shall promulgate
    regulations for the implementation and enforcement of this section.
      (f) Exemption. - The criminal fines provided for in this section
    are exempt from the provisions of section 3571 of title 18, United
    States Code.

-SOURCE-
    (Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 952; amended
    Pub. L. 107-228, div. B, title XIV, Sec. 1404(f)(1), Sept. 30,
    2002, 116 Stat. 1455.)


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-228 substituted "Penalties for unlawful export
    information activities" for "Violations, penalties" in section
    catchline and amended text generally. Prior to amendment, text read
    as follows: "Any person, including the owners or operators of
    carriers, violating the provisions of this chapter, or any rule,
    regulation, or order issued thereunder, except as provided in
    section 304 above, shall be liable to a penalty not to exceed
    $1,000 in addition to any other penalty imposed by law. The amount
    of any such penalty shall be payable into the Treasury of the
    United States and shall be recoverable in a civil suit in the name
    of the United States."


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

-End-



-CITE-
    13 USC Sec. 306                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
                 STATISTICS                        

-HEAD-
    Sec. 306. Delegation of functions

-STATUTE-
      Subject to the concurrence of the head of the department or
    agency concerned, the Secretary may make such provisions as he
    shall deem appropriate, authorizing the performance by any officer,
    agency, or employee of the United States Government departments or
    offices, or the governments of any areas over which the United
    States exercises sovereignty, jurisdiction, or control, of any
    function of the Secretary, contained in this chapter.

-SOURCE-
    (Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 952.)

-End-



-CITE-
    13 USC Sec. 307                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
                 STATISTICS                        

-HEAD-
    Sec. 307. Relationship to general census law

-STATUTE-
      The following sections only, 1, 2, 3, 4, 5, 6, 7, 11, 21, 22, 23,
    24, 211, 212, 213, and 214, of chapters 1 through 7 of this title
    are applicable to this chapter.

-SOURCE-
    (Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 952.)

-End-


-CITE-
    13 USC CHAPTER 10 - EXCHANGE OF CENSUS INFORMATION          01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 10 - EXCHANGE OF CENSUS INFORMATION

-HEAD-
                CHAPTER 10 - EXCHANGE OF CENSUS INFORMATION            

-MISC1-
    Sec.                                                     
    401.        Exchange of census information with Bureau of Economic
                 Analysis.                                            
    402.        Providing business data to Designated Statistical
                 Agencies.                                            

                                AMENDMENTS                            
      2002 - Pub. L. 107-347, title V, Sec. 526(b)(2), Dec. 17, 2002,
    116 Stat. 2970, added item 402.

-End-



-CITE-
    13 USC Sec. 401                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 10 - EXCHANGE OF CENSUS INFORMATION

-HEAD-
    Sec. 401. Exchange of census information with Bureau of Economic
      Analysis

-STATUTE-
      (a) Exchange of Information. - The Bureau of the Census shall
    exchange with the Bureau of Economic Analysis of the Department of
    Commerce information collected under this title, and under the
    International Investment and Trade in Services Survey Act, that
    pertains to any business enterprise that is operating in the United
    States, if the Secretary of Commerce determines such information is
    appropriate to augment and improve the quality of data collected
    under the International Investment and Trade in Services Survey
    Act. Information provided to the Bureau of Economic Analysis by the
    Bureau of the Census shall be only those data collected directly
    from respondents by the Bureau of the Census.
      (b) Requests for Information. - The Director of the Bureau
    requesting information under this section shall make the request in
    writing and shall certify that the information will be used only
    for statistical activities performed to improve the quality of data
    collected under the authority of title 13, United States Code, and
    the International Investment and Trade in Services Survey Act.
      (c) Definition. - As used in subsection (a), the terms "business
    enterprise" and "United States" have the meanings given those terms
    in section 3 of the International Investment and Trade in Services
    Survey Act.

-SOURCE-
    (Added Pub. L. 101-533, Sec. 5(a), Nov. 7, 1990, 104 Stat. 2347.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The International Investment and Trade in Services Survey Act,
    referred to in text, is Pub. L. 94-472, Oct. 11, 1976, 90 Stat.
    2059, as amended, which is classified generally to chapter 46 (Sec.
    3101 et seq.) of Title 22, Foreign Relations and Intercourse.
    Section 3 of the Act is classified to section 3102 of Title 22. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 3101 of Title 22 and Tables.

-End-



-CITE-
    13 USC Sec. 402                                             01/03/2007

-EXPCITE-
    TITLE 13 - CENSUS
    CHAPTER 10 - EXCHANGE OF CENSUS INFORMATION

-HEAD-
    Sec. 402. Providing business data to Designated Statistical
      Agencies

-STATUTE-
      The Bureau of the Census may provide business data to the Bureau
    of Economic Analysis and the Bureau of Labor Statistics
    ("Designated Statistical Agencies") if such information is required
    for an authorized statistical purpose and the provision is the
    subject of a written agreement with that Designated Statistical
    Agency, or their successors, as defined in the Confidential
    Information Protection and Statistical Efficiency Act of 2002.

-SOURCE-
    (Added Pub. L. 107-347, title V, Sec. 526(b)(1), Dec. 17, 2002, 116
    Stat. 2969.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Confidential Information Protection and Statistical
    Efficiency Act of 2002, referred to in text, is title V of Pub. L.
    107-347, Dec. 17, 2002, 116 Stat. 2962, which enacted this section,
    amended section 176a of Title 15, Commerce and Trade, and enacted
    provisions set out as a note under section 3501 of Title 44, Public
    Printing and Documents. Provisions defining "Designated Statistical
    Agency" are contained in section 522 of the Act, which is set out
    in a note under section 3501 of Title 44.

-End-