Title 13 USCTitle 13 Online@118-34not31 yes OLRC 2023-12-19T11:24:50 USCConverter 1.7.2  Title 13 CENSUS This title was enacted by act Aug. 31, 1954, ch. 1158 68 Stat. 1012 Current through 118-34not31    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 1 301  10. Exchange of census 2 2 2 401        Table Showing Disposition of All Sections of Former Title  Title 13 Former Sections Title 13 New Sections  1 2 2 21 3, 4 Rep. 5 22 6 22 79 Rep. 2141 Rep. 41a Rep. 4255 Rep. 6169 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 9198 Rep. 101 T. 42  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. Editorial Notes Amendments 1990 Pub. L. 101533,  5(b)(1) Nov. 7, 1990 104 Stat. 2348 1962 Pub. L. 87826,  1 Oct. 15, 1962 76 Stat. 951 Statutory Notes and Related Subsidiaries Positive Law; Citation This title has been made positive law by act Aug. 31, 1954, ch. 1158,  1 68 Stat. 1012 References to Census Office Act Aug. 31, 1954, ch. 1158,  3 68 Stat. 1025 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 Separability Act Aug. 31, 1954, ch. 1158,  4 68 Stat. 1025 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 Act Aug. 31, 1954, ch. 1158,  5 68 Stat. 1025 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 Act Aug. 31, 1954, ch. 1158,  6 68 Stat. 1025 The provisions of this Act shall take effect on January 1, 1955 Repeals Act Aug. 31, 1954, ch. 1158,  7 68 Stat. 1025 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. CHAPTER 1 ADMINISTRATION    SUBCHAPTER IGENERAL 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 Director of the Government Publishing Office; 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 1 Pub. L. 86682 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 2  SUBCHAPTER IIOFFICERS 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 3 Pub. L. 86769  25. Duties of supervisors, enumerators, and other employees.  26. Transportation by contract.  Editorial Notes Amendments 1994 Pub. L. 103430,  2(d) Oct. 31, 1994 108 Stat. 4394 1979 Pub. L. 9652,  1(b) Aug. 13, 1979 93 Stat. 358 1976 Pub. L. 94521 Oct. 17, 1976 90 Stat. 24592461 1966 Pub. L. 89473,  2(b) June 29, 1966 80 Stat. 221 Pub. L. 89473 Pub. L. 97258,  5(b) Sept. 13, 1982 92 Stat. 1068 1962 Pub. L. 87489,  1(b) June 19, 1962 76 Stat. 104 1957 Pub. L. 85207,  1 Aug. 28, 1957 71 Stat. 481 Statutory Notes and Related Subsidiaries  Change of Name Director of the Government Publishing Office substituted for Public Printer in item 7 on authority of section 1301(d) of Pub. L. 113235 Dec. 16, 2014 128 Stat. 2537 section 301 of Title 44 SUBCHAPTER I GENERAL PROVISIONS  1. Definitions 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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1012 Pub. L. 94521,  1 Oct. 17, 1976 90 Stat. 2459  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. Editorial Notes Amendments 1976 Pub. L. 94521 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Pub. L. 94521,  17 Oct. 17, 1976 90 Stat. 2466 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 Oct. 17, 1976 Short Title of 2015 Amendment Pub. L. 11472,  1 Oct. 22, 2015 129 Stat. 566 This Act [amending provisions set out as a note under section 91 of this title Short Title of 1999 Amendment Pub. L. 106113, div. B,  1000(a)(7) [div. B, title XII, subtitle E,  1251] Nov. 29, 1999 113 Stat. 1536 This subtitle [amending section 301 of this title section 301 of this title Short Title of 1994 Amendment Pub. L. 103430,  1 Oct. 31, 1994 108 Stat. 4393 This Act [enacting section 16 of this title section 412 of Title 39 section 16 of this title Separability Pub. L. 94521,  16 Oct. 17, 1976 90 Stat. 2466 If a provision enacted by this Act [see section 17 of Pub. L. 94521 Pub. L. 94521  2. Bureau of the Census  The Bureau is continued as an agency within, and under the jurisdiction of, the Department of Commerce. ( Aug. 31, 1954, ch. 1158 68 Stat. 1012  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  1 ( Mar. 6, 1902, ch. 139,  1 32 Stat. 51 Feb. 14, 1903, ch. 552,  4 32 Stat. 826 Mar. 4, 1913, ch. 141,  1 37 Stat. 736 June 18, 1929, ch. 28,  21 46 Stat. 26 Section 1 of title 13 Mar. 3, 1899 30 Stat. 1014  3. Seal  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1012 Pub. L. 85207,  2 Aug. 28, 1957 71 Stat. 481 Pub. L. 94521,  2 Oct. 17, 1976 90 Stat. 2459  Historical and Revision Notes Based on acts Mar. 3, 1899, ch. 419,  31 30 Stat. 1021 Mar. 6, 1902, ch. 139,  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 30 Stat. 1021 act Mar. 6, 1902, ch. 139 32 Stat. 51 32 Stat. 52 Mar. 3, 1899 act July 2, 1909, ch. 2 36 Stat. 10 36 Stat. 1 Mar. 3, 1899 Mar. 6, 1902 Mar. 3, 1899 July 2, 1909 section 31 of the act of Mar. 3, 1899 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 act Feb. 14, 1903, ch. 552,  4 32 Stat. 826 Act Mar. 4, 1913, ch. 141,  1 37 Stat. 736 May 24, 1950 64 Stat. 1263 Editorial Notes Amendments 1976 Pub. L. 94521 1957 Pub. L. 85207 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title  4. Functions of Secretary; regulations; delegation  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1013 Pub. L. 94521,  3(a) Oct. 17, 1976 90 Stat. 2459  Historical and Revision Notes Section is new, and was inserted to conform with 1950 Reorganization Plan No. 5, effective May 24, 1950 64 Stat. 1263 section 591 of title 5 See, also, section 253 of title 13 section 22 of title 1 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. Editorial Notes Amendments 1976 Pub. L. 94521 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title  5. Questionnaires; number, form, and scope of inquiries  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1013 Pub. L. 94521,  4(a) Oct. 17, 1976 90 Stat. 2459  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  82, 111, 123, 204, 216, 251, and section 1442 of title 42 Mar. 6, 1902, ch. 139,  7 32 Stat. 52 June 7, 1906, ch. 3048 34 Stat. 218 Aug. 7, 1916, ch. 274,  2 39 Stat. 437 June 18, 1929, ch. 28 46 Stat. 21 July 1, 1939 53 Stat. 1431 June 30, 1940 54 Stat. 1232 June 25, 1947, ch. 124 61 Stat. 163 June 19, 1948, ch. 502,  3 62 Stat. 479 July 15, 1949, ch. 338 63 Stat. 441 Sept. 7, 1950, ch. 910 64 Stat. 784 July 16, 1952, ch. 912 66 Stat. 736 Section consolidates section 82 of title 13 section 1442 of title 42 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,  1, 2, effective May 24, 1950 64 Stat. 1263 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 Editorial Notes Amendments 1976 Pub. L. 94521 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title Restriction on Collection of Census Data on Race Pub. L. 111117, div. B, title I Dec. 16, 2009 123 Stat. 3115 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 acts: Pub. L. 1118, div. B, title I Mar. 11, 2009 123 Stat. 562 Pub. L. 110161, div. B, title I Dec. 26, 2007 121 Stat. 1887 Pub. L. 109108, title II Nov. 22, 2005 119 Stat. 2308 Pub. L. 108447, div. B, title II Dec. 8, 2004 118 Stat. 2876  6. Information from other Federal departments and agencies; acquisition of reports from other governmental and private sources (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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1013 Pub. L. 85207,  3 Aug. 28, 1957 71 Stat. 481 Pub. L. 94521,  5(a) Oct. 17, 1976 90 Stat. 2460  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  122, 215, 252, and section 1442 of title 42 June 18, 1929, ch. 28,  15 46 Stat. 25 June 19, 1948, ch. 502,  2 62 Stat. 479 July 15, 1949, ch. 338 63 Stat. 441 Sept. 7, 1950, ch. 910,  1 64 Stat. 784 Section consolidates section 215 of title 13 section 1442 of title 42 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 May 24, 1950 64 Stat. 1263 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 Editorial Notes Amendments 1976 Pub. L. 94521 Subsec. (a). Pub. L. 94521 Subsec. (c). Pub. L. 94521 1957 Pub. L. 85207 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title  7. Printing; requisitions upon Director of the Government Publishing Office; publication of bulletins and reports  The Secretary may make requisition upon the Director of the Government Publishing Office for miscellaneous printing necessary to carry out the provisions of this title. He may further have printed by the Director of the Government Publishing Office, 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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1013 Pub. L. 113235, div. H, title I,  1301(d) Dec. 16, 2014 128 Stat. 2537  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  213, and section 1442 of title 42 June 18, 1929, ch. 28,  13 46 Stat. 25 July 15, 1949, ch. 338 63 Stat. 441 Section consolidates section 213 of title 13 section 1442 of title 42 The enumeration in section 213 of title 13 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 Statutory Notes and Related Subsidiaries  Change of Name Director of the Government Publishing Office substituted for Public Printer in section catchline and in two places in text on authority of section 1301(d) of Pub. L. 113235 section 301 of Title 44  8. Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition of fees received (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 (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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1013 Pub. L. 85207,  4 Aug. 28, 1957 71 Stat. 481 Pub. L. 94521,  6(a) Oct. 17, 1976 90 Stat. 2460  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  218, and section 1442 of title 42 June 18, 1929, ch. 28,  18 46 Stat. 25 July 15, 1949, ch. 338 63 Stat. 441 Section consolidates section 218 of title 13 section 1442 of title 42 section 1442 of title 42 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,  1, 2, eff. May 24, 1950 64 Stat. 1263 section 4 of this title section 218 of title 13 Changes were made in phraseology and arrangement. Editorial Notes Amendments 1976 Pub. L. 94521 Subsec. (a). Pub. L. 94521 Subsec. (b). Pub. L. 94521 Subsec. (c). Pub. L. 94521 1957Subsec. (b). Pub. L. 85207,  4(a) Subsec. (d). Pub. L. 85207,  4(b) Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title  9. Information as confidential; exception (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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1013 Pub. L. 87813 Oct. 15, 1962 76 Stat. 922 Pub. L. 101533,  5(b)(2) Nov. 7, 1990 104 Stat. 2348 Pub. L. 103430,  2(b) Oct. 31, 1994 108 Stat. 4394 Pub. L. 105113,  4(a)(1) Nov. 21, 1997 111 Stat. 2276 Pub. L. 105119, title II,  210(k) Nov. 26, 1997 111 Stat. 2487  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  73, 83, 122, 208, 211, 252, and section 1442 of title 42 Aug. 7, 1916, ch. 274,  3 39 Stat. 437 Apr. 2, 1924, ch. 80,  3 43 Stat. 31 June 18, 1929, ch. 28 46 Stat. 23 July 25, 1947, ch. 331 61 Stat. 457 June 19, 1948, ch. 502,  2 62 Stat. 479 July 15, 1949, ch. 338 63 Stat. 441 Sept. 7, 1950, ch. 910,  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 Words except as provided in section 8 of this title 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 May 24, 1950 64 Stat. 1263 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 Editorial Notes  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. 105119 Nov. 26, 1997 111 Stat. 2483 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 Amendments 1997Subsec. (a). Pub. L. 105119 Pub. L. 105113 Pub. L. 105113 1994Subsec. (a). Pub. L. 103430 1990Subsec. (a). Pub. L. 101533 1962Subsec. (a). Pub. L. 87813 [ 10. Repealed. Pub. L. 86682,  12(a) Sept. 2, 1960 74 Stat. 708 Sept. 1, 1960   Section, act Aug. 31, 1954, ch. 1158,  1 68 Stat. 1014  11. Authorization of appropriations  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1014  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. Statutory Notes and Related Subsidiaries Bureau of the Census Working Capital Fund Pub. L. 104208, div. A, title I,  101(a) [title II,  210] Sept. 30, 1996 110 Stat. 3009 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 Provided further Provided further 31 U.S.C. 3302 Provided further Provided further  12. Mechanical and electronic development  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. (Added Pub. L. 85207,  5 Aug. 28, 1957 71 Stat. 481  13. Procurement of professional services  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. (Added Pub. L. 85207,  5 Aug. 28, 1957 71 Stat. 481 [ 14. Repealed. Pub. L. 89473,  2(a) June 29, 1966 80 Stat. 221   Section, added Pub. L. 87489,  1(a) June 19, 1962 76 Stat. 104 section 1534 of Title 31 Statutory Notes and Related Subsidiaries Repeals Pub. L. 89473 June 29, 1966 80 Stat. 221 Pub. L. 97258,  5(b) Sept. 13, 1982 96 Stat. 1068  15. Leases for 1980 decennial census  The 15 percent limitation contained in section 322 1 1 June 30, 1932 47 Stat. 412 (Added Pub. L. 9652,  1(a) Aug. 13, 1979 93 Stat. 358 Pub. L. 108178,  4(c) Dec. 15, 2003 117 Stat. 2641  Editorial Notes  References in Text Section 322 of the Act of June 30, 1932 47 Stat. 412 Pub. L. 100678,  7 Nov. 17, 1988 102 Stat. 4052 Amendments 2003 Pub. L. 108178 40 U.S.C. 278a 47 Stat. 412 Statutory Notes and Related Subsidiaries Effective Date of 2003 Amendment Amendment by Pub. L. 108178 Aug. 21, 2002 section 5 of Pub. L. 108178 section 5334 of Title 5  16. Address information reviewed by States and local governments (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 (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. (Added Pub. L. 103430,  2(a) Oct. 31, 1994 108 Stat. 4393  Editorial Notes  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. 103430 Statutory Notes and Related Subsidiaries Development of Appeals Process by Administrator of Office of Information and Regulatory Affairs Pub. L. 103430,  3 Oct. 31, 1994 108 Stat. 4394 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. SUBCHAPTER II OFFICERS AND EMPLOYEES  21. Director of the Census; duties (a)  Appointment. (1)  In general 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, without regard to political affiliation. (2)  Qualifications Such appointment shall be made from individuals who have a demonstrated ability in managing large organizations and experience in the collection, analysis, and use of statistical data. (b)  Term of Office. (1)  In general The term of office of the Director shall be 5 years, and shall begin on January 1, 2012 (2)  Vacancies Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which such individuals predecessor was appointed, shall be appointed for the remainder of that term. The Director may serve after the end of the Directors term until reappointed or until a successor has been appointed, but in no event longer than 1 year after the end of such term. (3)  Removal An individual serving as Director may be removed from office by the President. The President shall communicate in writing the reasons for any such removal to both Houses of Congress not later than 60 days before the removal. (4)  Personnel actions Except as provided under paragraph (3), nothing in this subsection shall prohibit a personnel action otherwise authorized by law with respect to the Director of the Census, other than removal. (c)  Duties The Director shall perform such duties as may be imposed upon the Director by law, regulations, or orders of the Secretary. ( Aug. 31, 1954, ch. 1158 68 Stat. 1014 Pub. L. 112166,  3(a) Aug. 10, 2012 126 Stat. 1291  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  2 ( Mar. 6, 1902, ch. 139,  3 32 Stat. 51 June 18, 1929, ch. 28,  21 46 Stat. 26 section 2 of title 13 May 24, 1950 64 Stat. 1263 section 4 of this title 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. Editorial Notes Amendments 2012 Pub. L. 112166 Statutory Notes and Related Subsidiaries Effective Date of 2012 Amendment Pub. L. 112166,  6(b) Aug. 10, 2012 126 Stat. 1295 The provisions of sections 3 and 4 [amending this section and enacting provisions set out as notes under this section] (including any amendments made by those sections) shall take effect on the date of enactment of this Act [ Aug. 10, 2012 Transition Rules Pub. L. 112166,  3(b) Aug. 10, 2012 126 Stat. 1291  (1)  Appointment of initial director The initial Director of the Bureau of the Census shall be appointed in accordance with the provisions of section 21(a) of title 13 (2)  Interim role of current director of the census after date of enactment If, as of January 1, 2012 December 31, 2011 (A) shall serve as the Director of the Bureau of the Census; and (B) shall assume the powers and duties of such Director for one term beginning January 1, 2012 Technical and Conforming Amendments Pub. L. 112166,  3(c) Aug. 10, 2012 126 Stat. 1291 Not later than January 1, 2012  22. Qualifications of permanent personnel  All permanent officers and employees of the Bureau shall be citizens of the United States. ( Aug. 31, 1954, ch. 1158 68 Stat. 1014 Pub. L. 86769,  1 Sept. 13, 1960 74 Stat. 911  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  5, 6 ( Mar. 6, 1902, ch. 139 32 Stat. 51 June 18, 1929, ch. 28,  21 46 Stat. 26 Section consolidates section 5 of title 13 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 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 Changes were made in phraseology. Editorial Notes Amendments 1960 Pub. L. 86769 Statutory Notes and Related Subsidiaries Program for Employment of Spanish-Origin Personnel in Bureau; Report to Congress Pub. L. 94311,  6 June 16, 1976 90 Stat. 689 June 16, 1976  23. Additional officers and employees (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 ( Aug. 31, 1954, ch. 1158 68 Stat. 1014 Pub. L. 86769,  2 Sept. 13, 1960 74 Stat. 911 Pub. L. 88448, title IV,  401(p) Aug. 19, 1964 78 Stat. 492 Pub. L. 94521,  12(b) Oct. 17, 1976 90 Stat. 2465  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  203, 216, and section 1442 of title 42 June 18, 1929, ch. 28 46 Stat. 21 July 6, 1949, ch. 298 63 Stat. 406 July 15, 1949, ch. 338 63 Stat. 441 Oct. 28, 1949, ch. 782 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 Section 122 of title 13 section 252 of title 13 section 1442(b) of title 42 section 1442 of title 42 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,  1, 2, eff. May 24, 1950 64 Stat. 1263 section 4 of this title section 203 of title 13 The first paragraph of section 203 of title 13 section 121(b) of title 13 The third proviso in the second paragraph of section 203 of title 13 Changes were made in phraseology and arrangement. Remainder of section 203 of title 13 section 1442 of title 42 Editorial Notes  References in Text The Classification Act of 1949, referred to in subsec. (a), is act Oct. 28, 1949, ch. 782 63 Stat. 954 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632 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. 89554,  8(a) Sept. 6, 1966 80 Stat. 632 section 5533 of Title 5 Amendments 1976Subsec. (c). Pub. L. 94521 1964Subsec. (b). Pub. L. 88448 1960Subsec. (a). Pub. L. 86769 Subsec. (b). Pub. L. 86769 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title Effective Date of 1964 Amendment Amendment by Pub. L. 88448 Aug. 19, 1964 section 403 of Pub. L. 88448 Aug. 19, 1964 78 Stat. 496 Temporary Positions Relating to Decennial Censuses Pub. L. 108447, div. B, title II,  205 Dec. 8, 2004 118 Stat. 2883 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 Similar provisions were contained in the following prior appropriation acts: Pub. L. 106553,  1(a)(2) [title II,  204] Dec. 21, 2000 114 Stat. 2762 Pub. L. 106113, div. B,  1000(a)(1) [title II,  204] Nov. 29, 1999 113 Stat. 1535 Pub. L. 105277, div. A,  101(b) [title II,  204] Oct. 21, 1998 112 Stat. 268150 Pub. L. 105119, title II,  204 Nov. 26, 1997 111 Stat. 2479 Pub. L. 104208, div. A, title I,  101(a) [title II,  204] Sept. 30, 1996 110 Stat. 3009 Pub. L. 104134, title I,  101[(a)] Apr. 26, 1996 110 Stat. 1321 Pub. L. 104140,  1(a) May 2, 1996 110 Stat. 1327 Pub. L. 103317, title II,  204 Aug. 26, 1994 108 Stat. 1749 Pub. L. 103121, title II,  204 Oct. 27, 1993 107 Stat. 1177 Pub. L. 102395, title II,  204 Oct. 6, 1992 106 Stat. 1855 Pub. L. 102140, title II,  204 Oct. 28, 1991 105 Stat. 806 Pub. L. 101515, title I,  104 Nov. 5, 1990 104 Stat. 2108 Pub. L. 101382, title I,  141 Aug. 20, 1990 104 Stat. 654  (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 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. 101302, title II May 25, 1990 104 Stat. 215 Services performed after April 20, 1990 section 8501 of title 5 Pub. L. 10186 Aug. 16, 1989 103 Stat. 593 Pub. L. 101293,  1 May 17, 1990 104 Stat. 192 [ Pub. L. 101293,  2 May 17, 1990 104 Stat. 192 Pub. L. 10186 Pub. L. 101293 Pub. L. 10186 May 17, 1990 Pub. L. 10186 Policy and Practices of Bureau of Census Regarding Use of Temporary Staff; Publication Pub. L. 97454,  3 Jan. 12, 1983 96 Stat. 2494  Not later than 180 days after the effective date of this Act [ Jan. 12, 1983 section 23(c) of title 13 (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.  24. Special employment provisions (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 (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 (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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1015 Pub. L. 86769,  3 Sept. 13, 1960 74 Stat. 911 Pub. L. 88535 Aug. 31, 1964 78 Stat. 744  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  111, 122, 203, 252, and section 1442 of title 42 Mar. 6, 1902, ch. 139,  7 32 Stat. 52 June 7, 1906, ch. 3048 34 Stat. 218 June 18, 1929, ch. 28,  3 46 Stat. 21 July 1, 1939 53 Stat. 1431 June 30, 1940 54 Stat. 1232 June 25, 1947, ch. 124 61 Stat. 163 June 19, 1948, ch. 502,  2 62 Stat. 479 July 6, 1949, ch. 298 63 Stat. 406 July 15, 1949, ch. 338 63 Stat. 441 Oct. 28, 1949, ch. 782 63 Stat. 972 Sept. 7, 1950, ch. 910 64 Stat. 784 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 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,  1, 2, eff. May 24, 1950 64 Stat. 1263 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 The provision of section 203 of title 13 section 4 of this title 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 section 1442 of title 42 Editorial Notes  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 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632 Section 4 of the Travel Expense Act of 1949, as amended ( 5 U.S.C. 837 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632 section 5704 of Title 5 Amendments 1964Subsec. (f). Pub. L. 88535 1960 Pub. L. 86769 Statutory Notes and Related Subsidiaries 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. 87270 Sept. 21, 1961 75 Stat. 569  25. Duties of supervisors, enumerators, and other employees (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 Secretarys 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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1015 Pub. L. 88530 Aug. 31, 1964 78 Stat. 737  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  122, 205, and section 1442 of title 42 June 18, 1929, ch. 28,  5 46 Stat. 22 June 19, 1948, ch. 502,  2 62 Stat. 479 July 15, 1949, ch. 338 63 Stat. 441 Section consolidates section 205 of title 13 section 1442 of title 42 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,  1, 2, eff. May 24, 1950 64 Stat. 1263 section 4 of this title Changes were made in phraseology and arrangement. Editorial Notes Amendments 1964Subsec. (c). Pub. L. 88530  26. Transportation by contract  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 (Added Pub. L. 85207,  6 Aug. 28, 1957 71 Stat. 482  Editorial Notes  References in Text Section 4 of the Travel Expense Act of 1949, as amended ( 5 U.S.C. 837 Pub. L. 89554,  8(a) Sept. 6, 1966 80 Stat. 632 section 5704 of Title 5 CHAPTER 3 COLLECTION AND PUBLICATION OF STATISTICS    SUBCHAPTER ICOTTON  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 IIOILSEEDS, 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 IIIAPPAREL AND TEXTILES  81. Statistics on apparel and textile industries.  SUBCHAPTER IVQUARTERLY FINANCIAL STATISTICS  91. Collection and publication.  SUBCHAPTER VMISCELLANEOUS  101. Defective, dependent, and delinquent classes; crime.  102. Religion.  103. Designation of reports.   Editorial Notes  Amendments  1986 Pub. L. 99467,  1(b) Oct. 14, 1986 100 Stat. 1192 1983 Pub. L. 97454,  1(b) Jan. 12, 1983 96 Stat. 2494 SUBCHAPTER I COTTON  41. Collection and publication 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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1016  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  71 ( Apr. 2, 1924, ch. 80,  1 43 Stat. 31 June 18, 1929, ch. 28,  21 46 Stat. 26 Secretary was substituted for Director of the Census to conform with 1950 Reorganization Plan No. 5,  1, 2, effective May 24, 1950 64 Stat. 1263 section 4 of this title Changes were made in phraseology and arrangement.  42. Contents of reports; number of bales of linter; distribution; publication by Department of Agriculture (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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1016 Pub. L. 92331,  4 June 30, 1972 86 Stat. 400  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  72, 72a ( Apr. 2, 1924, ch. 80,  2 43 Stat. 31 June 18, 1929, ch. 28,  21 46 Stat. 26 June 27, 1930, ch. 639 46 Stat. 821 June 28, 1949, ch. 256,  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,  1, 2, effective May 24, 1950 64 Stat. 1263 section 4 of this title Changes were made in phraseology and arrangement. Editorial Notes Amendments 1972Subsec. (a). Pub. L. 92331  43. Records and reports of cotton ginners  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1016 Pub. L. 92143 Oct. 15, 1971 85 Stat. 393  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  74 ( Apr. 2, 1924, ch. 80,  4 43 Stat. 32 June 18, 1929, ch. 28,  21 46 Stat. 26 June 14, 1938, ch. 358 52 Stat. 678 Section was derived from second paragraph of section 74 of title 13 Changes were made in phraseology. Editorial Notes Amendments 1971 Pub. L. 92143  44. Foreign cotton statistics  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1016  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  75 ( Apr. 2, 1924, ch. 80,  5 43 Stat. 32 June 18, 1929, ch. 28,  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,  1, 2, effective May 24, 1950 64 Stat. 1263 section 4 of this title Changes were made in phraseology.  45. Simultaneous publication of cotton reports  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 oclock postmeridian on or before the 12th day of the month to which the respective reports relate. ( Aug. 31, 1954, ch. 1158 68 Stat. 1017 Pub. L. 92331,  3 June 30, 1972 86 Stat. 400  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  76 ( Apr. 2, 1924, ch. 80,  6 43 Stat. 32 June 18, 1929, ch. 28,  21 46 Stat. 26 June 28, 1949, ch. 256,  2 63 Stat. 278 Editorial Notes Amendments 1972 Pub. L. 92331 SUBCHAPTER II OILSEEDS, NUTS, AND KERNELS; FATS, OILS, AND GREASES  61. Collection and publication (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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1017  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  81 ( Aug. 7, 1916, ch. 274,  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,  1, 2, effective May 24, 1950 64 Stat. 1263 section 4 of this title Changes were made in phraseology and arrangement.  62. Additional statistics  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1018  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  85 ( Aug. 7, 1916, ch. 274,  5 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,  1, 2, effective May 24, 1950 64 Stat. 1263 section 4 of this title Changes were made in phraseology.  63. Duplicate collection of statistics prohibited; access to available statistics  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1018  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  86 ( Aug. 7, 1916, ch. 274,  6 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,  1, 2, effective May 24, 1950 64 Stat. 1263 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. Editorial Notes  References in Text The effective date of this title, referred to in text, is Jan. 1, 1955 SUBCHAPTER III APPAREL AND TEXTILES  81. Statistics on apparel and textile industries  The Secretary shall collect and publish quarterly statistics relating to domestic apparel and textile industries. (Added Pub. L. 99467,  1(a) Oct. 14, 1986 100 Stat. 1192 SUBCHAPTER IV QUARTERLY FINANCIAL STATISTICS  Editorial Notes Amendments 1986 Pub. L. 99467,  1(a) Oct. 14, 1986 100 Stat. 1192  91. Collection and publication (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 (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. (Added Pub. L. 97454,  1(a)(2) Jan. 12, 1983 96 Stat. 2494 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095 Pub. L. 10413,  3 May 22, 1995 109 Stat. 184  Termination of Section For termination of section by section 4(b) of Pub. L. 97454 Editorial Notes  References in Text The effective date of this section, referred to in subsec. (b), is Jan. 12, 1983 Section 6(b) of the Federal Trade Commission Act, referred to in subsec. (b), is classified to section 46(b) of Title 15 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 Section 3(a) of the Small Business Act, referred to in subsec. (d)(4)(A), is classified to section 632(a) of Title 15 Amendments 1995Subsec. (d). Pub. L. 10413 1986Subsec. (c). Pub. L. 99514 Statutory Notes and Related Subsidiaries Effective Date of 1995 Amendment Amendment by Pub. L. 10413 Oct. 1, 1995 section 4(a) of Pub. L. 10413 section 3501 of Title 44 Effective and Termination Date; Report to Congress Pub. L. 97454,  4 Jan. 12, 1983 96 Stat. 2495 Pub. L. 101227,  1 Dec. 12, 1989 103 Stat. 1943 Pub. L. 103105,  1(a) Oct. 12, 1993 107 Stat. 1030 Pub. L. 105252,  1 Oct. 9, 1998 112 Stat. 1886 Pub. L. 10979,  1 Sept. 30, 2005 119 Stat. 2044 Pub. L. 11472,  2 Oct. 22, 2015 129 Stat. 566  (a) This Act [enacting section 91 of this title Jan. 12, 1983 (b) This Act, including the amendments made by this Act, shall cease to have effect after September 30, 2030 (c) Not later than 2 years after such effective date [ Jan. 12, 1983 section 91 of this title (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. [ Pub. L. 103105,  1(b) Oct. 12, 1993 107 Stat. 1030 The amendment made under subsection (a) [amending section 4 of Pub. L. 97454 September 30, 1993  Transfer of Functions Relating to Quarterly Financial Statistics Pub. L. 97454,  2 Jan. 12, 1983 96 Stat. 2494 Pub. L. 99514,  2 Oct. 22, 1986 100 Stat. 2095  (a) There are transferred to the Secretary of Commerce, for administration under section 91 of title 13 Jan. 12, 1983 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 section 91 of title 13 Jan. 12, 1983 SUBCHAPTER V MISCELLANEOUS  Editorial Notes Amendments 1986 Pub. L. 99467,  1(a) Oct. 14, 1986 100 Stat. 1192 1983 Pub. L. 97454,  1(a)(1) Jan. 12, 1983 96 Stat. 2494  101. Defective, dependent, and delinquent classes; crime (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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1018  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  111, 113 ( Mar. 6, 1902, ch. 139,  7 32 Stat. 52 June 7, 1906, ch. 3048 34 Stat. 218 June 18, 1929, ch. 28,  3 46 Stat. 21 Mar. 4, 1931, ch. 490 46 Stat. 1517 July 1, 1939 53 Stat. 1431 54 Stat. 1232 June 25, 1947, ch. 124 61 Stat. 163 Sept. 7, 1950, ch. 910,  4 64 Stat. 785 Section consolidates part of section 111 of title 13 Secretary, meaning the Secretary of Commerce, was substituted for Director of the Census to conform with Reorganization Plan No. 5,  1, 2, eff. May 24, 1950 64 Stat. 1263 section 4 of this title The provisions of section 111 of title 13 Section 111 of title 13 act June 7, 1906, ch. 3048 34 Stat. 218 54 Stat. 1232 53 Stat. 1431 section 111 of title 13 section 121 of title 13 The provisions of section 111 of title 13 The proviso in section 111 of title 13  102. Religion  The Secretary may collect decennially statistics relating to religious bodies. ( Aug. 31, 1954, ch. 1158 68 Stat. 1018  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  111 ( Mar. 6, 1902, ch. 139,  7 32 Stat. 52 June 7, 1906, ch. 3048 34 Stat. 218 June 18, 1929, ch. 28,  3 46 Stat. 21 July 1, 1939 53 Stat. 1431 June 30, 1940 54 Stat. 1232 June 25, 1947, ch. 124 61 Stat. 163 Sept. 7, 1950, ch. 910,  4 64 Stat. 785 Section was taken from that part of section 111 of title 13 Changes were made in phraseology.  103. Designation of reports  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1018  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  111 ( Mar. 6, 1902, ch. 139,  7 32 Stat. 52 June 7, 1906, ch. 3048 34 Stat. 218 June 18, 1929, ch. 28,  3 46 Stat. 21 July 1, 1939 53 Stat. 1431 June 30, 1940 54 Stat. 1232 June 25, 1947, ch. 124 61 Stat. 163 Sept. 7, 1950, ch. 910,  4 64 Stat. 785 Section was taken from that part of section 111 of title 13 Section 111 of title 13 May 24, 1950 64 Stat. 1263 section 4 of this title Changes were made in phraseology. Section 7 of the act of Mar. 6, 1902, ch. 139 32 Stat. 52 section 111 of title 13 act Mar. 3, 1925, ch. 421,  2(a)(b) 43 Stat. 1105 section 3 of title 13 act Aug. 28, 1935, ch. 795 49 Stat. 957 section 654 of title 5 CHAPTER 5 CENSUSES    SUBCHAPTER IMANUFACTURES, MINERAL INDUSTRIES, AND OTHER BUSINESSES  Sec.  131. Collection and publication; five-year periods.  132. Controlling law; effect on other agencies.  SUBCHAPTER IIPOPULATION, HOUSING, AND UNEMPLOYMENT  141. Population and other census information.  [ 142 146. Repealed.]  SUBCHAPTER IIIGOVERNMENTS  161. Quinquennial censuses; inclusion of certain data.  [ 162. Repealed.]  163. Authority of other agencies. 1 1 Pub. L. 85207,  7 Aug. 28, 1957 71 Stat. 482  SUBCHAPTER IVINTERIM CURRENT DATA  181. Population.  182. Surveys.  183. Use of most recent population data.  184. Definitions.  SUBCHAPTER VGEOGRAPHIC 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.  Editorial Notes Amendments 1997 Pub. L. 105113,  3(b)(2) Nov. 21, 1997 111 Stat. 2275 1986 Pub. L. 99544,  1(c) Oct. 27, 1986 100 Stat. 3046 1976 Pub. L. 94521 Oct. 17, 1976 90 Stat. 24622464 Pub. L. 94171 1975 Pub. L. 94171,  2(b) Dec. 23, 1975 89 Stat. 1024 1957 Pub. L. 85207,  7 Aug. 28, 1957 71 Stat. 482 SUBCHAPTER I MANUFACTURES, MINERAL INDUSTRIES, AND OTHER BUSINESSES  131. Collection and publication; five-year periods  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1019 Pub. L. 85207,  8 Aug. 28, 1957 71 Stat. 482 Pub. L. 88532 Aug. 31, 1964 78 Stat. 737  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  121 ( June 19, 1948, ch. 502,  1 62 Stat. 478 June 18, 1954, ch. 315 68 Stat. 258 Section was subsection (a) of section 121 of title 13 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 May 24, 1950 64 Stat. 1263 section 4 of this title The reference in section 121 of title 13 Changes were made in phraseology. Editorial Notes Amendments 1964 Pub. L. 88532 1957 Pub. L. 85207 section 191 of this title Statutory Notes and Related Subsidiaries Census Data on Women Owned Businesses; Study and Report Pub. L. 100533, title V,  501 Oct. 25, 1988 102 Stat. 2697  (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  132. Controlling law; effect on other agencies  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1019  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  123 ( June 19, 1948, ch. 502,  3 62 Stat. 479 Section was derived from all of section 123 of title 13 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,  1, 2, eff. May 24, 1950 64 Stat. 1263 section 4 of this title Changes were made in phraseology. SUBCHAPTER II POPULATION, HOUSING, AND UNEMPLOYMENT  Editorial Notes Amendments 1997 Pub. L. 105113,  3(b)(1) Nov. 21, 1997 111 Stat. 2275 1986 Pub. L. 99544,  1(b) Oct. 27, 1986 100 Stat. 3046  141. Population and other census information (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 Secretarys 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 Secretarys 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 Secretarys 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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1019 Pub. L. 85207,  9 Aug. 28, 1957 71 Stat. 483 Pub. L. 94171 Dec. 23, 1975 89 Stat. 1023 Pub. L. 94521,  7(a) Oct. 17, 1976 90 Stat. 2461  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  201 ( June 18, 1929, ch. 28,  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,  1, 2, eff. May 24, 1950 64 Stat. 1263 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 Section 1442 of title 42 section 1442 of title 42 Changes were made in phraseology. Editorial Notes Amendments 1976 Pub. L. 94521 Pub. L. 94171 Subsec. (a). Pub. L. 94521 Subsec. (b). Pub. L. 94521 Subsec. (c). Pub. L. 94521 Subsecs. (d) to (g). Pub. L. 94521 1975 Pub. L. 94171,  2(a) Subsec. (c). Pub. L. 94171,  1 1957 Pub. L. 85207 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title Statistical Sampling or Adjustment in Decennial Enumeration of Population Pub. L. 105119, title II,  209 Nov. 26, 1997 111 Stat. 2480  (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 (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 10518 111 Stat. 217 (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 (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 Speakers 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 [formerly 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 Public Law 94171 (k) This section shall apply in fiscal year 1998 and succeeding fiscal years. Census Monitoring Board Pub. L. 105119, title II,  210(a) Nov. 26, 1997 111 Stat. 24832487 Sept. 30, 2001 Census Data on Grandparents as Primary Caregivers for Their Grandchildren Pub. L. 104193, title I,  105 Aug. 22, 1996 110 Stat. 2163  (a)  In General Not later than 90 days after the date of the enactment of this Act [ Aug. 22, 1996 section 141 of title 13 (b)  Expanded Census Question In carrying out subsection (a), the Secretary of Commerce shall expand the Bureaus 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. 102135 Oct. 24, 1991 105 Stat. 635 Study of Counting of Homeless for National Census Pub. L. 101645, title IV,  402 Nov. 29, 1990 104 Stat. 4723 Nov. 29, 1990 Monitoring Economic Progress of Rural America Pub. L. 101624, title XXIII,  2382 Nov. 28, 1990 104 Stat. 4050 Pub. L. 104127, title VII,  707 Apr. 4, 1996 110 Stat. 1112 Americans of Spanish Origin or Descent; Study for Development of Creditable Estimates in Future Censuses Pub. L. 94311,  4 June 16, 1976 90 Stat. 688 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. 94311,  5 June 16, 1976 90 Stat. 689 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. Executive Documents  Executive Order No. 13880 Ex. Ord. No. 13880, July 11, 2019 Jan. 20, 2021  Ex. Ord. No. 13986. Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census Ex. Ord. No. 13986, Jan. 20, 2021 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section Background The census and apportionment processes are enshrined in the Constitution. The Fourteenth Amendment apportions seats in the House of Representatives among the several States according to their respective numbers, counting the whole number of persons in each State. (U.S. Const. amend. XIV, sec. 2.) Article I, in turn, provides that, in order to determine those numbers, an actual Enumeration of the population of the United States must be conducted every 10 years. (U.S. Const. art. I, sec. 2, cl. 3.) The Congress has assigned responsibility for conducting the decennial census to the Secretary of Commerce (Secretary). ( 13 U.S.C. 141(a) Once the Secretary, through the Director of the U.S. Census Bureau, takes the count, the President must carry out the apportionment of Representatives among the States. The Secretary prepares the tabulation of total population by States ... as required for the apportionment of Representatives, and reports that tabulation to the President. ( 13 U.S.C. 141(b) 2 U.S.C. 2a(a) 2 U.S.C. 2a(b) 13 U.S.C. 141(c) At no point since our Nations Founding has a persons immigration status alone served as a basis for excluding that person from the total population count used in apportionment. Before the Civil War and the abolition of slavery, the Constitution did not give equal weight to every person counted under the census. (U.S. Const. art. 1, sec. 2.) In accord with constitutional and statutory requirements, however, every apportionment since ratification of the Fourteenth Amendment has calculated each States share of Representatives based on the whole number of persons in each State, excluding only Indians not taxedan express constitutional exception that no longer has legal or practical effect. (U.S. Const. amend. XIV, sec. 2; 2 U.S.C. 2a(a) See, e.g., Act of Mar. 1, 1790, ch. 2 1 Stat. 101 Franklin v. Massachusetts Evenwel v. Abbott During the 2020 Census, the President announced a policy that broke from this long tradition. It aimed to produce a different apportionment baseone that would, to the maximum extent feasible, exclude persons who are not in a lawful immigration status. See Presidential Memorandum of July 21, 2020 Sec. Policy section 2a(a) of title 2 Sec. Ensuring that the Apportionment Base and State-Level Tabulations Include All Inhabitants of Each State section 141(b) of title 13 section 141(a) of title 13 section 141(c) of title 13 Sec. Data Quality Sec. Revocation July 11, 2019 July 21, 2020 Sec. General Provisions (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.  J.R. Biden, Jr.  Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census Memorandum of President of the United States, July 21, 2020 Jan. 20, 2021 [ 142. Repealed. Pub. L. 105113,  3(a) Nov. 21, 1997 111 Stat. 2275   Section, acts Aug. 31, 1954, ch. 1158 68 Stat. 1020 Aug. 28, 1957 Pub. L. 85207,  10 71 Stat. 483 Mar. 15, 1976 Pub. L. 94229,  1 90 Stat. 210 Oct. 27, 1986 Pub. L. 99544,  1(a) 100 Stat. 3046 Statutory Notes and Related Subsidiaries Effective Date of Repeal Repeal effective Oct. 1, 1998 section 3(d) of Pub. L. 105113 section 1991 of Title 7 1997 Census of Agriculture Pub. L. 10586, title I Nov. 18, 1997 111 Stat. 2083 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. [ 143 to 146. Repealed. Pub. L. 85207,  11 Aug. 28, 1957 71 Stat. 483   Sections, act Aug. 31, 1954, ch. 1158 68 Stat. 1020  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. SUBCHAPTER III GOVERNMENTS  161. Quinquennial censuses; inclusion of certain data  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1021 Pub. L. 85207,  12 Aug. 28, 1957 71 Stat. 483  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  251 ( Sept. 7, 1950, ch. 910,  1 64 Stat. 784 Section was derived from subsection (a) of section 251 of title 13 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. Editorial Notes Amendments 1957 Pub. L. 85207 section 191 of this title [ 162. Repealed. Pub. L. 85207,  13 Aug. 28, 1957 71 Stat. 483   Section, act Aug. 31, 1954, ch. 1158 68 Stat. 1021 section 6(b) of this title  163. Authority of other agencies  This subchapter does not revoke or impair the authority of any other Federal agency with respect to the collection or release of information. ( Aug. 31, 1954, ch. 1158 68 Stat. 1021  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  251 ( Sept. 7, 1950, ch. 910,  1 64 Stat. 784 Section was derived from part of subsection (b) of section 251 of title 13 Changes were made in phraseology. SUBCHAPTER IV INTERIM CURRENT DATA  181. Population (a) During the intervals between each census of population required under section 141 of this title section 141 of this title (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. (Added Pub. L. 94521,  8(a) Oct. 17, 1976 90 Stat. 2462  Editorial Notes Codification A prior section 181, act Aug. 31, 1954, ch. 1158 68 Stat. 1021 section 8(a) of Pub. L. 94521 section 182 of this title Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title  182. Surveys  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. (Added Pub. L. 94521,  8(a) Oct. 17, 1976 90 Stat. 2463  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title  183. Use of most recent population data (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. (Added Pub. L. 94521,  8(a) Oct. 17, 1976 90 Stat. 2463  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title  184. Definitions 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. (Added Pub. L. 94521,  8(a) Oct. 17, 1976 90 Stat. 2463  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title SUBCHAPTER V GEOGRAPHIC SCOPE, PRELIMINARY AND SUPPLEMENTAL STATISTICS, AND USE OF SAMPLING  191. Geographic scope of censuses (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. (Added Pub. L. 85207,  14 Aug. 28, 1957 71 Stat. 483 Pub. L. 94521,  9 Oct. 17, 1976 90 Stat. 2463  Editorial Notes Amendments 1976Subsec. (a). Pub. L. 94521 Subsec. (b). Pub. L. 94521 Subsec. (c). Pub. L. 94521 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title Executive Documents Admission of Alaska and Hawaii to Statehood Alaska was admitted into the Union on Jan. 3, 1959 Jan. 3, 1959 Aug. 21, 1959 Aug. 21, 1959 Pub. L. 85508 July 7, 1958 72 Stat. 339 section 21 of Title 48 Pub. L. 863 Mar. 18, 1959 73 Stat. 4 section 491 of Title 48  193. Preliminary and supplemental statistics  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. (Added Pub. L. 85207,  14 Aug. 28, 1957 71 Stat. 484  195. Use of sampling  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. (Added Pub. L. 85207,  14 Aug. 28, 1957 71 Stat. 484 Pub. L. 94521,  10 Oct. 17, 1976 90 Stat. 2464  Editorial Notes Amendments 1976 Pub. L. 94521 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title  196. Special censuses  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 (Added Pub. L. 94521,  11(a) Oct. 17, 1976 90 Stat. 2464  Statutory Notes and Related Subsidiaries Effective Date Section effective Oct. 17, 1976 section 17 of Pub. L. 94521 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. 96369,  118 Oct. 1, 1980 94 Stat. 1357 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. Executive Documents  Executive Order No. 12256 Ex. Ord. No. 12256, Dec. 15, 1980 Feb. 25, 1986 CHAPTER 7 OFFENSES AND PENALTIES    SUBCHAPTER IOFFICERS 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 IIOTHER 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 IIIPROCEDURE  241. Evidence. SUBCHAPTER I OFFICERS AND EMPLOYEES  211. Receiving or securing compensation for appointment of employees 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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1022  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  122, 207, 252, and section 1442 of title 42 June 18, 1929, ch. 28,  7 46 Stat. 23 June 19, 1948, ch. 502,  2 62 Stat. 479 July 15, 1949, ch. 338 63 Stat. 441 Sept. 7, 1950, ch. 910,  2 64 Stat. 784 Section consolidates section 207 of title 13 section 1442 of title 42 section 1442 of title 42 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 section 1 of title 18 The reference Department of Commerce or bureau or agency thereof was inserted in recognition of 1950 Reorganization Plan No. 5,  1, 2, eff. May 24, 1950 64 Stat. 1263 section 4 of this title Changes were made in phraseology.  212. Refusal or neglect of employees to perform duties  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1022  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  122, 208, 252, and section 1442 of title 42 June 18, 1929, ch. 28,  8 46 Stat. 23 June 19, 1948, ch. 502,  2 62 Stat. 479 June 19, 1949, ch. 338 63 Stat. 441 Sept. 7, 1950, ch. 910,  2 64 Stat. 784 Section consolidates part of section 208 of title 13 section 1442 of title 42 section 1442 of title 42 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 Reference in section 208 of title 13 section 1 of title 18 Changes were made in phraseology.  213. False statements, certificates, and information (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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1022  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  122, 208, 252, and section 1442 of title 42 June 18, 1929, ch. 28,  8 46 Stat. 23 June 19, 1948, ch. 502,  2 62 Stat. 479 July 15, 1949, ch. 338 63 Stat. 441 Sept. 7, 1950, ch. 910,  2 64 Stat. 784 Section consolidates part of section 208 of title 13 section 1442 of title 42 section 1442 of title 42 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 Changes were made in phraseology and arrangement.  214. Wrongful disclosure of information  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 section 16 of this title section 9 of this title ( Aug. 31, 1954, ch. 1158 68 Stat. 1023 Pub. L. 94521,  12(a) Oct. 17, 1976 90 Stat. 2464 Pub. L. 103430,  2(c) Oct. 31, 1994 108 Stat. 4394  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  73, 83, 122, 208, 252, and section 1442 of title 42 Aug. 7, 1916, ch. 274,  3 39 Stat. 437 Apr. 2, 1924, ch. 80,  3 43 Stat. 31 June 18, 1929, ch. 28 46 Stat. 23 July 25, 1947, ch. 331 61 Stat. 437 June 19, 1948, ch. 502,  2 62 Stat. 479 July 15, 1949, ch. 338 63 Stat. 441 Sept. 7, 1950, ch. 910,  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 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 The provision in section 208 of title 13 section 1 of title 18 Changes were made in phraseology. Editorial Notes Amendments 1994 Pub. L. 103430 section 16 of this title 1976 Pub. L. 94521 section 9 of this title section 9 of this title Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title SUBCHAPTER II OTHER PERSONS  221. Refusal or neglect to answer questions; false answers (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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1023 Pub. L. 85207,  15 Aug. 28, 1957 71 Stat. 484 Pub. L. 94521,  13 Oct. 17, 1976 90 Stat. 2465  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  122, 209, and section 1442 of title 42 June 18, 1929, ch. 28,  9 46 Stat. 23 June 19, 1948, ch. 502,  2 62 Stat. 479 July 15, 1949, ch. 338 63 Stat. 441 Section consolidates the first paragraph of section 209 of title 13 section 1442 of title 42 section 1442 of title 42 The language of section 209 of title 13 The designation of the first offense, herein described, as a misdemeanor, was omitted as covered by section 1 of title 18 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,  1, 2, eff. May 24, 1950 64 Stat. 1263 section 4 of this title Changes were made in phraseology. Editorial Notes Amendments 1976Subsec. (a). Pub. L. 94521,  13(1) Subsec. (b). Pub. L. 94521,  13(2) Subsec. (c). Pub. L. 94521,  13(3) 1957Subsec. (a). Pub. L. 85207 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title  222. Giving suggestions or information with intent to cause inaccurate enumeration of population  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1023 Pub. L. 85207,  16 Aug. 28, 1957 71 Stat. 484  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  122, 209 ( June 18, 1929, ch. 28,  9 46 Stat. 23 June 19, 1948, ch. 502,  2 62 Stat. 479 Section consolidates the second paragraph of section 209 of title 13 Section 122 of title 13 Reference to any officer or employee was substituted for any supervisor, supervisors 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,  1, 2, effective May 24, 1950 64 Stat. 1263 section 4 of this title Subsection (b) of section 1442 of title 42 section 209 of title 13 Words in section 209 of title 13 Reference to the offense described as a misdemeanor was omitted as covered by section 1 of title 18 Changes were made in phraseology. Editorial Notes Amendments 1957 Pub. L. 85207  223. Refusal, by owners, proprietors, etc., to assist census employees  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1023 Pub. L. 85207,  17 Aug. 28, 1957 71 Stat. 484  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  122, 209, and section 1442 of title 42 June 18, 1929, ch. 28,  9 46 Stat. 23 June 19, 1948, ch. 502,  2 62 Stat. 479 July 15, 1949, ch. 338 63 Stat. 441 Section consolidates the third paragraph of section 209 of title 13 section 1442 of title 42 section 1442 of title 42 Section 122 of title 13 The language of section 209 of title 13 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,  1, 2, eff. May 24, 1950 64 Stat. 1263 section 4 of this title The enumeration of the different types of employees, in section 209 of title 13 Reference in section 209 of title 13 section 1 of title 18 Changes were made in phraseology. The qualifications and exceptions contained in that part of section 122 of title 13 Editorial Notes Amendments 1957 Pub. L. 85207  224. Failure to answer questions affecting companies, businesses, religious bodies, and other organizations; false answers  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1024 Pub. L. 85207,  18 Aug. 28, 1957 71 Stat. 484 Pub. L. 94521,  14 Oct. 17, 1976 90 Stat. 2465  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  74, 84, 122, 210, and section 1442 of title 42 Aug. 7, 1916, ch. 274,  4 39 Stat. 437 Apr. 2, 1924, ch. 80,  4 43 Stat. 32 June 18, 1929, ch. 28 46 Stat. 24 June 14, 1938, ch. 358 52 Stat. 678 July 25, 1947, ch. 331 61 Stat. 457 June 19, 1948, ch. 502,  2 62 Stat. 479 July 15, 1949, ch. 338 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 section 1442 of title 42 Section 210 of title 13 section 251 of title 13 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 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,  1, 2, eff. May 24, 1950 64 Stat. 1263 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 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. Editorial Notes Amendments 1976 Pub. L. 94521 1957 Pub. L. 85207 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title  225. Applicability of penal provisions in certain cases (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 (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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1024 Pub. L. 94521,  15(a) Oct. 17, 1976 90 Stat. 2465  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  111, 122 ( Mar. 2, 1902, ch. 139,  7 32 Stat. 52 June 7, 1906, ch. 3048 34 Stat. 218 June 18, 1929, ch. 28,  3 46 Stat. 26 July 1, 1939 53 Stat. 1431 June 30, 1940 54 Stat. 1232 June 25, 1947, ch. 124 61 Stat. 163 June 19, 1948, ch. 502,  1 62 Stat. 478 Sept. 7, 1950, ch. 910,  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 May 24, 1950 64 Stat. 1263 section 4 of this title Subsection (c) is partly new (but preserves existing law), and partly from section 122 of title 13 Section 252 of title 13 Subsection (d) is from section 111 of title 13 section 102 of this title Editorial Notes Amendments 1976Subsec. (a)(1). Pub. L. 94521,  15(a)(1) Subsec. (b). Pub. L. 94521,  15(a)(2) Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title SUBCHAPTER III PROCEDURE  241. Evidence  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. ( Aug. 31, 1954, ch. 1158 68 Stat. 1025 Pub. L. 85207,  19 Aug. 28, 1957 71 Stat. 484 Pub. L. 94521,  15(b) Oct. 17, 1976 90 Stat. 2465  Historical and Revision Notes Based on title 13, U.S.C., 1952 ed.,  74, 84 ( Aug. 7, 1916, ch. 274,  4 39 Stat. 437 Apr. 2, 1924, ch. 80,  4 43 Stat. 32 June 18, 1929, ch. 28,  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 Section 74 of title 13 section 224 of this title section 224 of this title In this revised section, the language of section 84 of title 13 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,  1, 2, eff. May 24, 1950 64 Stat. 1263 section 4 of this title Changes were made in phraseology. Editorial Notes Amendments 1976 Pub. L. 94521 section 224 of this title 1957 Pub. L. 85207 Statutory Notes and Related Subsidiaries Effective Date of 1976 Amendment Amendment by Pub. L. 94521 Oct. 17, 1976 section 17 of Pub. L. 94521 section 1 of this title CHAPTER 9 COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE STATISTICS    Sec.  301. Collection and publication.  302. Rules, regulations, and orders.  303. Secretary of Treasury, functions. 1 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.  Editorial Notes Amendments 2002 Pub. L. 107228, div. B, title XIV,  1404(f)(2) Sept. 30, 2002 116 Stat. 1456  301. Collection and publication (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 arms 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 Food for Peace Act, 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 Food for Peace Act, 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 (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. (Added Pub. L. 87826,  2 Oct. 15, 1962 76 Stat. 951 Pub. L. 93618, title VI,  609(a) Jan. 3, 1975 88 Stat. 2074 Pub. L. 9639, title XI,  1108(a) July 26, 1979 93 Stat. 313 Pub. L. 96275,  1 June 17, 1980 94 Stat. 539 Pub. L. 100418, title I Aug. 23, 1988 102 Stat. 1155 Pub. L. 106113, div. B,  1000(a)(7) [div. B, title XII,  1252(a)] Nov. 29, 1999 113 Stat. 1536 Pub. L. 110246, title III,  3001(b)(1)(A) June 18, 2008 122 Stat. 1820  Editorial Notes  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 The Food for Peace Act, referred to in subsecs. (c)(1), (d)(1), is act July 10, 1954, ch. 649 68 Stat. 454 section 1691 of Title 7 The Foreign Assistance Act of 1961, referred to in subsecs. (c)(2), (d)(2), is Pub. L. 87195 Sept. 4, 1961 75 Stat. 424 section 2151 of Title 22 Amendments 2008Subsecs. (c)(1)(A), (d)(1). Pub. L. 110246 1999Subsec. (h). Pub. L. 106113 1988Subsec. (b). Pub. L. 100418,  1214(a)(2)(A) Subsec. (e). Pub. L. 100418,  1932 Pub. L. 100418,  1931(a) Pub. L. 100418,  1214(a)(2)(B) Subsec. (f). Pub. L. 100418,  1214(a)(2)(C) 1980Subsec. (g). Pub. L. 96275 1979Subsecs. (e), (f). Pub. L. 9639 1975 Pub. L. 93618 Statutory Notes and Related Subsidiaries Effective Date of 2008 Amendment Amendment by Pub. L. 110246 May 22, 2008 section 4(b) of Pub. L. 110246 section 8701 of Title 7 Effective Date of 1999 Amendment Pub. L. 106113, div. B,  1000(a)(7) [div. B, title XII,  1252(c)] Nov. 29, 1999 113 Stat. 1536 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. June 11, 2001 May 31, 2001 Effective Date of 1988 Amendment Amendment by section 1214(a)(2) of Pub. L. 100418 Jan. 1, 1989 section 1217(b)(1) of Pub. L. 100418 section 3001 of Title 19 Effective Date of 1980 Amendment Pub. L. 96275,  4 June 17, 1980 94 Stat. 540  (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 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 Pub. L. 9639, title XI,  1108(b) July 26, 1979 93 Stat. 314 The amendment made by subsection (a) [amending this section] shall apply to reports made after December 31, 1979 Effective Date of 1975 Amendment Pub. L. 93618, title VI,  609(b) Jan. 3, 1975 88 Stat. 2075 The amendments made by subsection (a) [amending this section] shall take effect on January 1, 1975 Effective Date Pub. L. 87826,  4 Oct. 15, 1962 76 Stat. 953 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 Oct. 15, 1962 section 174 of Title 15 Oct. 15, 1962 Regulations Pub. L. 106113, div. B,  1000(a)(7) [div. B, title XII,  1252(b)] Nov. 29, 1999 113 Stat. 1536  (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 individuals 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 individuals submission at a location selected by the Secretary of Commerce. Improvements to the Automated Export System Pub. L. 107228, div. B, title XIV,  1404(a) Sept. 30, 2002 116 Stat. 1454  (a)  Contribution to the Automated Export System Of the amount provided under section 1402 of this Act [ 116 Stat. 1453 (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 section 542 of Title 6 Pub. L. 107296 Nov. 25, 2002 section 211 of Title 6 Pub. L. 114125 section 802(b) of Pub. L. 114125 section 211 of Title 6 Volumetric Index Pub. L. 100418, title I,  1931(b) Aug. 23, 1988 102 Stat. 1320 Aug. 23, 1988 Congressional Access to Information Pub. L. 96275,  3 June 17, 1980 94 Stat. 540 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.  Definitions Pub. L. 106113, div. B,  1000(a)(7) [div. B, title XII, subtitle E,  1256] Nov. 29, 1999 113 Stat. 1536  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 (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  302. Rules, regulations, and orders  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. (Added Pub. L. 87826,  2 Oct. 15, 1962 76 Stat. 951  303. Secretary of Treasury functions  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. (Added Pub. L. 87826,  2 Oct. 15, 1962 76 Stat. 951 Pub. L. 107228, div. B, title XIV,  1404(d) Sept. 30, 2002 116 Stat. 1454  Editorial Notes Amendments 2002 Pub. L. 107228  304. Filing export information, delayed filings, penalties for failure to file (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 days 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 days 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. (Added Pub. L. 87826,  2 Oct. 15, 1962 76 Stat. 952 Pub. L. 107228, div. B, title XIV,  1404(e) Sept. 30, 2002 116 Stat. 1454  Editorial Notes Amendments 2002Subsec. (a). Pub. L. 107228,  1404(e)(1) Subsecs. (b), (c). Pub. L. 107228,  1404(e)(2)  305. Penalties for unlawful export information activities (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 persons 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 persons 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 persons 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 Secretarys 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 1 1 (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 (Added Pub. L. 87826,  2 Oct. 15, 1962 76 Stat. 952 Pub. L. 107228, div. B, title XIV,  1404(f)(1) Sept. 30, 2002 116 Stat. 1455 Pub. L. 114125, title VIII,  802(d)(2) Feb. 24, 2016 130 Stat. 210  Editorial Notes Amendments 2002 Pub. L. 107228 Statutory Notes and Related Subsidiaries  Change of Name Reference to Commissioner of Customs deemed to be reference to Commissioner of U.S. Customs and Border Protection pursuant to section 802(d)(2) of Pub. L. 114125 section 211 of Title 6  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 section 542 of Title 6 Pub. L. 107296 Nov. 25, 2002 section 211 of Title 6 Pub. L. 114125 section 802(b) of Pub. L. 114125 section 211 of Title 6  306. Delegation of functions  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. (Added Pub. L. 87826,  2 Oct. 15, 1962 76 Stat. 952  307. Relationship to general census law  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. (Added Pub. L. 87826,  2 Oct. 15, 1962 76 Stat. 952 CHAPTER 10 EXCHANGE OF CENSUS INFORMATION    Sec.  401. Exchange of census information with Bureau of Economic Analysis.  402. Providing business data to Designated Statistical Agencies.  Editorial Notes Amendments 2002 Pub. L. 107347, title V,  526(b)(2) Dec. 17, 2002 116 Stat. 2970  401. Exchange of census information with Bureau of Economic Analysis (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. (Added Pub. L. 101533,  5(a) Nov. 7, 1990 104 Stat. 2347  Editorial Notes  References in Text The International Investment and Trade in Services Survey Act, referred to in text, is Pub. L. 94472 Oct. 11, 1976 90 Stat. 2059 section 3102 of Title 22 section 3101 of Title 22  402. Providing business data to Designated Statistical Agencies  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 section 3576(e) of title 44 (Added Pub. L. 107347, title V,  526(b)(1) Dec. 17, 2002 116 Stat. 2969 Pub. L. 115435, title III,  302(c)(2) Jan. 14, 2019 132 Stat. 5553  Editorial Notes Amendments 2019 Pub. L. 115435 section 3576(e) of title 44 Statutory Notes and Related Subsidiaries Effective Date of 2019 Amendment Amendment by Pub. L. 115435 Jan. 14, 2019 section 403 of Pub. L. 115435 section 306 of Title 5 Transitional and Savings Provisions For transitional and savings provisions related to the amendment of this section and other provisions of law by title III of Pub. L. 115435 section 302(d) of Pub. L. 115435 section 3561 of Title 44