Title 13, United States code

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Title 13, United States code
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TT.UNITED STAT

1, CENSUS






PREAIM BY THE

COMMITTEE ON
POSTOFFICE AND CIVIL SERVICE A UNITED STATES SENATE

















P~ritdfrthe us of the Comte nPs fic n ii evc











94th Congress COMTEPINN.2 2d Session OXTEPRNN.2








TITLE 13, UNITED STATES CODE

CENSUS







PREPARED BY THE

COMMITTEE ON

POST OFFICE~ AND CIVIL SERVICE,

UNITED STATES SENATE













DECEMBER 31, 1976







Printed for the use of the
Committee on Post Office and Civil Service


U.S. GOVERNMENT PRINTING OFFICE 81-035 WASHINGTON : 1977







































COMMITTEE ON POST OFFICE AND CIVIL SERVICE

GALE W. MCGEE, Wyoming, Chairman JENNINGS RANDOLPH, West Virginia HIRAM L. FONG, Hawaii QUENTIN N. BURDICK, North Dakota TED STEVENS, Alaska ERNEST F. HOLLINGS,. South -Carolina HENRY BELLMON, Oklahoma FRANK E. MOSS, Utah
PATRICK 3. LEAHY, Vermont ROD CRowUE, Staff Director



























NOTE
This Committee Print No. 2 of title 13, United States Code, relating to the Census, includes amendments made to that title through December 31, 1976.
UID







VI

Chapter 5.--CENSUSES

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

SUBCHAPTER 11-POPULATION, HOUSING, AGRICULTURE,
IRRIGATION, DRAINAGE, AND UNEMPLOYMENT
:141. Population and other census information. 142. Agriculture, irrigation, and drainage. 143-146. [Repealed.]

SUBCHIAPTER III-GON'ERNIENTS
161. Quinquennial censuses; inclusion of certain data. 162. [Repealed.]
163. Authority of other agencies.

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

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

Chapter 7.-OFFENSES AND PENALTIES

SUBCHAPTER 1-OFFICERS AND EMPLOYEES
211. Receiving or securing compensation for appointment of employees. 212. Ref usal or neglect of employees to perform duties. 213. False statements, certificates, and information. 214. Wrongful disclosure of information.

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

SUBCHAPTER III-PROCEDURE. 241. 'Evidence.

Chapter 9.-COLLECTION AND PUBLICATION OF FOREIGN
COMMERCE AND TRADE STATISTICS
301. Collection and publication. 302. Rules, regulations, and orders. 303. Secretary of Treasury. functions. 304. Filing export information, delayed filings, penalties for failure to file. 305. Violations, penalties. 306. Delegation of functions. 307. Relationship to general census law.














TITLE 13, UNITED STATES CODE-CENSUS

CHAPTER 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 ----------------301

Chapter 1.--ADMINISTRATION

SUBCHAPTER I-GENERAL PROVISIONS Sec.
1. Definitions.
2. Bureau of the Census.
3. Seal.
4. Functions of Secretary; regulations; delegation.
5. Questionnaires; number, form, and scope of inquiries.
6. Information from other Federal departments and agencies; acquisition of
reports from other governmental and private sources.
7. Printing; requisitions upon Public Printer; publication of bulletins and
reports.
8. Authenticated transcripts or copies of certain returns; other data; restriction
on use; disposition of fees received.
9. Information as confidential; exception. 11. Authorization of appropriations. 12. Mechanical and electronic development. 13. Procurement of professional services.

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

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, amended Oct. 17,
1976, Pub. L. 94-521, 1, 90 Stat. 2459.)
(1)






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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.)
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, amended Aug. 28, 1957, Pub. L. 85-207, 2,. 71 Stat. 481; Oct. 17, 1976, Pub. L. 94-521, 2, 90 Stat. 2459.) 4. Functions of Secretary; regulations; delegation
The Secretary shall perfonn 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, amended Oct. 17, 1976, Pub. L. 94-521, 3, 90Y Stat. 2459.)
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, amended Oct. 17, 1976, Pub. L. 94-521, 4, 90 Stat. 2459.)
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 Dersons 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. amended Auz. 28, 1957, Pub. L. 85-207, 3, 71 Stat. 481; Oct. 17, 1976, Pub. L. 94-521, 5,90 Stat. 2460.)






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7. P rinting; requisitions upon. Public .Printer;. publication of
bulletins and reports
The Secretary may make requisition upon the Public Printer for miscellaneous printing necessary to carry out the provisions of this title. He may further have printed by the Public. Printer, in. such editions as he deems necessary, preliminary and other census bulletins, And final reports of the results of the several investigations authorized by this title, and may publish and distribute such bulletins and reports. (Aug. 31, 1954, ch. 1158, 68 Stat. 1013.) 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, State or local agencies, or other public and private persons and agencies, upon payment of the actual or estimated cost of such work. In the case of nonprofit ag encies or organizations. the Secretary may engage in joint statistical projects, the purpose of which are otherwise authorized by lawbut only if the cost of such projects are shared equitably, as determined by the Secretary.
(c) In no case shall information furnished under this section be used to the detriment of any respondent or other person to whom such information relates, except in the prosecution of alleged violations of this title.
(d) All moneys received in payment for work or services enumnerated under this section shall be deposited in a separate account which may be used to pa-y 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, 19,54, cli. 11,58, 68 Stat. 1013, amended Aug. 28, 1957, Pub. L. 85-207, 4, 71 Stat. 481; Oct. 17, 1976, Pub. L. 94-521, 6, 90 Stat. 2460-61.) 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, may, except as provided in section 8 of this title-(1) use the information furnished under the provisions of this
title for any purpose other than the statistical puriposes for which
it is supplied; or

81-035-77--2






4

(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, amended Oct. 15, 1962, Pub. L. 87-813,76 Stat. 922.) 10. Repealed. Pub. L. 86-682,9 12(a), Sept. 2, 1960, 74 Stat. 708,
eff. Sept. 1, 1960
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.) 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. 85-207, 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. 85-207, 5, Aug. 28, 1957,71 Stat. 481.)
14. Repealed. Pub. L. 89-473, 2(a),, June 29, 1966, 80 Stat. 221

SUBCHAPTER 11-OFFICERS AND EMPLOYEES
21. Director of the Census; duties
The Bureau shall be headed by a Director of the Census, appointed by the President, by and with the advice and consent of the Senate. The Director shall perform such duties as may be imposed upon him






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by law, regulations, or orders of the Secretary. (Aug. 31, 1954, ch. 1158, 68 Stat. 1014.)
22. Qualifications of permanent personnel
All permanent officers and employees of the Bureau shall be citizens of the United States. (Aug. 31, 1954, chi. 1158, 68 Stat. 1014, amended Sept 13,1960, Pub. L. 86-769, 1, 74 Stat. 911.) NoTE.-Pub. L. 94-311 requires that the Department of Commerce implement an affirmative action program within the Bureau of the Census for the employment of personnel of Spanish origin or descent and submit a report to Congress by June 16, 1977 on the progress of such program. 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 compensatedl 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, amended Sept. 13, 1960, Pub. L. 86-769, 21 74 Stat. 911; Aug. 19, 1964, Pub. L. 88-448, titleIV
3 401(p), 78 Stat. 492; Oct. 17, 1976, Pub. L. 94-521, 12 (b), 90 Stat. 2465.)
24. Special employment provisions
(a) The Secretary may utilize the services of nontemiporary emiployees of the Bureau (by -assignment, promotion, a-ppointment, 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 miay, 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 lie held in his last permanent position in the Bureau : Provided, That no employee shall, by reason of his service in a temporary position under this subsection, lose the protection of any law or regulation with respect to his separation, suspension, furlough, or reduction in rank or compensation below the level held in his last permi~anient position in the








Bureau. Service by a nontemporary employee in a temporary position under this subsection shall be creditable for step increses (both periodic and longevity) under title VII of the Classification Act of 1949. as amended, as though it were a continuation of service in his last permanent position.
(b) As used in this title with respect to appointments or positions, "temporary" shall be construed to mean not in excess of one year, or not in excess of the specific period during which appropriations are available for the conduct of a particular census, whichever is longer. No employee of the Bureau who holds only a temporary appointment within the meaning of this section shall be considered as other than strictly temporary for purposes of any other provision of law relating to separations, suspensions, or reductions in rank or compensation.
(c) The enlisted men and officers of the uniformed services may be appointed and compensated for service in temporary enumerator positions for the enumeration of personnel of the uniformed services.
(d) The Secretary may fix compensation on a piece-price b,sis without limitation as to the amount earned per diem, and payments may be made to enumerators for the use of private automobiles on official business without regard to section 4 of the Travel Expense Act of 1949, as amended (5 U.S.C. 837), but at rates not in excess of the rates provided by that Act.
(e) The Secretary may authorize the expenditure of necessary sums for travel expenses of persons selected for appointment for attendance at training courses held by the Department of Commerce with respect to any of the work provided for by law.
(f) Notwithstanding any other provision of law prohibiting the expenditure of public money for telephone service, the Smecretary. under such relations 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 bv this title. (Aug. 31. 1954. ch. 1158., 68 Stat. 1015. amniended Sept. 12., 1960, Pub. L. 86-769, 3, 74 Stat. 911; Aug. 31, 1964, Pub. L. 88-535; 74 Stat. 744.)
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 Secretary's orders and instructions.
(b) Each enumerator or other employee detailed to serve as enumerator shall be charged with the collection in his subdivision of the facts and statistics called for on such schedules as the Secretary determines shall be used bV him in connection with any census or survey provided for by chapter 5 of this title. (Aug. 31. 1954. ch. 1158, 68 Stat. 1015, amended Aug. 31, 1964, Pub. L. 88-530, 78 Stat. 737.) 26. Transportation by contract
The Secretary nmay 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





7

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. 8370. The rentals shall be at rates equivalent to the prevailing rental rates of the locality. Te rental contracts within the continental United States may be entered into only when the use by the field employee of such other means of transportation is safer, more economical, or more advantageous to the Governm-ent than use of his motorcycle, automobile, or airplane in conducting the census. (Added Pub. L. 85-20 7, 6, Aug. 28, 1957, 71 Stat. 482.)















Chapter 3d-COLLECTION AND PUBLICATION OF STATISTICS
SUBCHAPTER I--COTTON See.
41. Collection and publication. 42. Contents of reports ; -number of bales of linter ; distribution; pubication by
Department of Agriculture.
43. Reords and reports of cotton ginners. 44. Foreign cotton statistics. 45. Simultaneous publication of cotton reports.
SUBCHAPTER II-OILSEEDS, NUTS, AND KERNELS; FATS, OILS, AND GREASES
61. Collection and publication. 462. Additional statistics.
63. Duplicate collection of statistics prohibited; access to available statistics.
SUBCHAPTER III-MISCELLANEOUS 101. Defective, dependent, and delinquent classes; crime. 102. Religion.
103. Designation of reports.

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 adtive spindle hours; and
(6) quantity of cotton imported and exported, with the country
of origin and destination. (Aug. 31, 1954, chi. 1158, 68 Stat. 1016.) 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-houirs. 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.
(9)






10

(c) In collecting and publishing statistics of cotton on hand in warehouses and otner 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 balesof linters as distinguished from.the number of bales of cotton.
(d) The Secretary shall fliriish to the Department of-Ag iulture, immediately prior to the publication -of each report of that Department regarding the cotton crop, the. latest available statistics hereinbefore mentioned, and 'flthe Department of Agriculture shall publish the same in connection with each of its reports concerning cotton. (Aug. 31, 1954. ch. 1158, 68 Stat. 1016, am ended Pub. L. 92-331, 4, June 30, 1972, 86 Stat. 401.)
43. Records and reports of cotton gunners
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, amended Pub. L. 92-143, 1, Oct. 15, 1971, 85 Stat. 393,) 44. l'oreign cotton statistics
In addition to the information regarding cotton in the United States provided for in this subehapter, 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 ease of statistics relating to the United States. (Aug. 31, 1954, ch. 1158. 68 Stat. 1016.)
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 o'clock postmeridian on or before the 12th day of the month to which the respective reports relate. (Aug. 31, 1954, ch. 1158, 68 Stat. 1017, amended Pub. L. 92-331, 3, Jule 30, 1972, 86 Stat. 400.)






Sj f 'p-p Q, .+l F ', -.-:(J r-j 2 f.+. ( I)







-SUBOHAPTER -OILSEEDS,- NUTS AND KERNELS;
FATS, OILS, AND GREASES
S6L-Collection,-and publication(a) The Soeretary. shall o6lect, collate, and )ublish monthly statistics concerning-(1)- thequantities of.(a) The Secretary shall collect, collate, and publish monthly statistics concerningcopra, 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 pro-ducts, 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 maimmal 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 tats and oils in inconsequential quantities. (Aug. 31, 1954, ch. 1158, 68 Stat.
1 017.)
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.)





12

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 ,shallinlude them in the publication required by this subehapter. (Aug. 31, 1954, ch.1158, "68 Stat. 1018.)

SUBCHAP TER III-MISCELLANEOUS
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.)
102. Religion
The Secretary may collect decennially statistics relating to religious bodies. (Aug. 31, 1954, ch. 1158, 68 'Stat. 1018.) 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.)














Chapter 5.-CENSUSES

SUBCHAPTER I-MANUFACTURES, MINERAL INDUSTRIES, AND OTHER BUSINESSES
Sec.
131. Collection and publication;- five-year periods.' 182. Controlling law; effect on other agencies.
SUBCHAPTER II-POPULATION, HOUSING, AGRICULTURE,
IRRIGATION, DRAINAGE, AND UNEMPLOYMENT 141. Population and other census information. 142. Agriculture, irrigation, and drainage.
SUBCHAPTER III-GOVERNMENTS 161. Quinquennial censuses; inclusion of certain data. 163. Authority of other agencies.
SUBCHAPTER IV-INTERIM CURRENT DATA 181. Population.
182. Surveys.
183. Use of most recent population data. 184. Definitions.

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

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, amended Aug. 28, 1957, Pub. L. 85-207, 8, 71 Stat. 482; Aug. 31, 1964, Pub. 1L. 88-532, 78 Stat. 737.) 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, per-taining to the Secretary or the Department of Conmmerce,
(13)





14

the provisions of this title shall control; but nothing in this titleshall 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.)

SUBCHAPTER II-POPULATION, HOUSING, AGRICULTURE, IRRIGATION, DRAINAGE, AND UNEMPLOYMENT
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 aid content as he may determiine, including theuse 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 forthe 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 geo.raDhic areas for which specific tabulations of population are desired. Each such plan shall be developed in accordance with criteria established by the Secretary, which heshall 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 develoned 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 suTc 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 reouesting 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 Secretaryv, 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






15

-special surveys, taking into amount the extent to whic-h 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".
((1) if-.
(A): in the administration of any program established by or
under Federal law which provides benefits to State or local governments or to other recipients, eligibility for or the amount of such benefits would (without regard to this paragraph) be determined by taking into account data obtained in the most recent
decennial census, and
(B) comparable data is obtained in a mid-decade census conducted after such decennial census,
.then in the determination of such eligibility or amount of benefits the most recent data available from either the mid-decade or decennial census shall be used.
(2) Information obtained in any mid-decade census shall not be used for apportionment of Representatives in Congress among the several States. nor shall such information be used in prescribing congressional districts.
(f) With respect to each decennial and mid-decade census conducted under subsection (a) or (d) of this section, the Secretary shall submit to the committees of Congress having legislative jurisdiction over the census(1) not later than 3 years before the appropriate census date. a
report containing the Secretary's determination of the subjects proposed to be included, and the types of information to be compiled, in such census:
(2) not later than 2 years before the appropriate census date,
a report containing the Secretary's determination of the questions
proposed to be included in such census; and
(3) after submission of a report under paragraph (1) or (2)
of this subsection and before the appropriate census date, if the Secretary finds new circumstances exist which necessitate that the subjects. types of information, or questions contained in reports so submitted be modified, a report containing the Secretary's deternination 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. amended Aug. 28, 1957, Pub. L. 85-207. 1 9, 71 Stat. 483: Dec. 23, 1975, Pub. L. 94-171, 1, 89 Stat. 1023: Oct. 17, 1976, Pub. L. 94-521, 7, 90 Stat. 2461-62.)
NOTE.-(a) Pub. L. 94-311 requires the Department of Commerce, in cooperation with appropriate Federal, State and local agencies and various population study groups and experts, to 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.
(b) Pub. L. 94-311 also requires that the Secretary of Commerce 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.






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142. Agriculture, irrigation, and drainage
(a) The Secretary shall in 1979, in 1983, and in every fifth year beginning after 1983, take a census of agriculture.
(b) In conjunction with the census to be taken under subsection (a) of this section in 1979, in 1988, and every tenth year beginning after 1988, theSecretary shall take a census of irrigation and drainage.
(c) The data collected in each of the censuses taken under this section shall relate to the year immediately preceding the year in which such census is taken. (Aug. 31, 1954, ch. 1158, 68 &at. 1020, amended Aug. 289 1957, Pub. L. 85-2071 10, 71 Stat. 483; Mar. 15,1976, Pub. L. 94-229, 1 90 Stat. 210.)
NOTE.-The statistical classification of farms in effect on January 1, 1975, with respect to censuses taken under section 142 of title 13, United'states Code, shall be effective through June 30, 1976, and any statistical report issued on or before June 30, 1976, with respect to any such census shall reflect such classification, but may also include additional classifications as deemed appropriate by the Secretary.
143 to 146. Repealed. Pub. L. 85-207,, 11, Aug. 28, 1957, 71 Stat.
483.
SUBCHAPTER 111-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, 19054 ch. 115 8, 68 St at. 1021, amended Aug. 28, 1957, Pub. L. 85-207, 12,71 Stat. 483.)
1,62. Repealed. Pub. L. 85-2,07, 13, Aug. 28, 1957, 71 Stat. 483 163. Authority of other agencies
This subehapter 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.)

SUBCHAPTER IV-INTERIM CURRENT DATA
181. Population
(a) During the intervals between each census of population required under section 141 of this title, the Secretary, to the extent feasible, shall annually produce and publish for each State, county, and local unit of general purpose government which has a population of fifty thousand or more, current data on total population and population characteristics and, to the extent feasible, shall biennially produce and publish for other local units of general purpose government current data on total population. Such data shall be produced and published for each State, county, and other local unit of general purpose grovernment for which data is compiled in the most recent census of population taken under section 141 of this title. Such data may be produced by means of sampling or other methods, which the Secretary determines will produce current, comprehensive, and reliable data.






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(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. 94-521, 8, Oct. 17, 1976, 90 Stat. 2462-63.) 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. (Aug. 31, 1954, ch. 1158, 68 Stat. 1021, amended Oct. 17, 1976, Pub. L. 94-521, 8, 90 Stat. 2463.) 183. Use of most recent population data
(a) Except as provided in subsection (b), for the purpose of admimstering 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. 94-521, 8, Oct. 17, 1976, 90 Stat. 2463.)
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. 94-521, 8, Oct. 17, 1976,90 Stat. 2463.)

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.






I'S

(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 Secret.ary 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. 85-207, 14, Aug. 28, 1957, 71 Stat. 483, amended Oct. 17, 1976, Pub. L. 94-521, 9, 90 Stat. 2463-64.)
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. 85-207, 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. 85-207. 14. Aug. 28, 1957, 71 Stat. 484, amended Oct. 17, 1976, Pub. L. 94-521. 10, 90 Stat. 2464.) 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, on subjects covered by the censuses provided for in this title, upon payment to the Secretary of the actual or estimated cost of each such special celisus. The results of each such special census shall be designated "Official Census Statistics". These statistics may be used in the manner provided by applicable law. (Added Pub. L. 94-521, 11, Oct. 17, 1976,90 Stat. 2464.)












Chapter 7.--OFFENSES AND PENALTIES
SUBCHAPTER I-OFFICERS AND EMPLOYEES See.
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 I1-OTI-ER PERSONS 221. Refusal or neglect to answer questions; false answers. 222. Giving suggestions or information with intent to cause inaccurate enumeration of population.
223. Refusal, by owners, proprietors, etc., to assist census employees. 224. Failure to answer questions affecting~ companies, businesses, religious bodies,
and other organizations; false answers.
225. Applicability of penal provisions in certain cases.
SUBCHAPTER III-PROCEDURE 241. Evidence.

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 cornpensation as a consideration for the appointment of any person as suLpervisor, enumerator, clerk, or other officer or employee of the Department of Commerce or bureau or agency thereof, referred
to in subehapter 11 of chapter I of this title; or
(2) in any way receives or secures to -himself any part of the
compensation paid to any person so appointedshall be fined not more than $3,000 or imprisoned not more than five years, or both. (Aug. 31,1954, ch. 1158,68 Stat. 1022.) 212. Ref usal or neglect of employees to perform duties
Whoever, being an employee referred to in subchapter II of chapter I 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.) 213. False statements, certificates, and information
(a) W1hoever, being an officer or employee referred to in subcha'pter II of chapter I 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.
(19)





20

(b) TWhoever, being an officer or employee referred to in subchapter II of chapter I 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 titleshall be fined not more than $2,000 or imprisoned not more than five years, or both. (Aug. 31,1954, ch. 1158, 68 Stat. 1022.) 214. Wrongful disclosure of information
Whoever, being or having been an employee or staff member referred to in subchapter II of chapter I 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, publishes or communicates any information, the disclosure of which is prohibited under the provisions of section 9 of this title, and which comes into his possession by reason of his being employed (or otherwise providing services) under the provisions of this title, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. (Aug. 31, 1954, ch. 1158, 68 Stat. 1023, amended Oct. 17, 1976, Pub. L. 94-521, 12(a), 90Stat. 2464.)
SUBCHAPTER 11-OTHER PERSONS
221. Refusal or neglect to answer questions; false answers
(a) Thoever, 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 subehapters 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, amended Aug. 28, 1957, Pub. L. 85-207, 15, 71 Stat. 484; Oct. 17, 1976, Pub. L. 94-521, 13, 90 Stat. 2465.)





1

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, amended Aug. 28, 1957, Pub. L. 85-207, 16,71 Stat. 484.) 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 subehapters 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, amended Aug. 28, 1957, Pub. L. 85-207, 17, 71 Stat. 484.)
224. Failure to answer questions affecting companies, businesses,
religious bodies, and other organizations; false answers
Wloever, 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, lie shall be fined not more than $10,000. (Aug. 31, 19 5 ch. 1158, 68 Stat. 1024. amended Aug. 28, 1957, Pub. L. 85-207, 18, 71 Stat. 484; Oct. 17, 1976, Pub. L. 94-5-21, 14, 90 Stat. 2465.)





22

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 shall not apply in connection with any survey conducted pursuant to subchapter II of chapter 3 of this title, or to subchapter IV of chapter 5 of this title.
(c) The provisions of sections 221,222,223, and 22-4 of this title shall not apply to any censuses or surveys of governments provided for by subehapters III and IV of chapter 5 of this title, nor to other surveys provided for by subehanter IV of such chapter which are taken morefrequentlv 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, amended Oct. 17, 1976. Pub. L. 94-521, 15(a), 90 Stat. 2465.)

SUBCHAPTER I11-PROCEDITRE
241. Evidence
When any request for information, made by the Secretary or other authorized officer or employee of the Department of Commerce orbureau 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, amended Aug. 28. 1957. Pub. L. 85-207. 19, 71 Stat. 484; Oct. 17, 1976, Pub. L.
94-521, 15(b), 90 Stat. 2465.)








9



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. 304. Filing export information, delayed filings, penalties for failure to file. 305. Violations, penalties.
SO6. Delegation of functions.
.307. Relationship to general census law. 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 infor-mation 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 Tariff Schedules of the United States Annotated and general statistical headnote 1 thereof, in detail as follows:
(1) net quantity;
(2) United States customs value:
(3) purchase price or its equivalent: (4) equivalent of arm's length value:
(5) aggregate cost from port of exportation to United States
port of entry;
(6) a United States port. of entry value comprised of (5) plus
(4). if applicable, or. if not applicable, (5) plus (3) : and
(7) for transactions where (3) and (4) are equal, the total
value of such transactions.
The data. for paragraphs (1). (2). (3), (5). and (6) shall be reported separately for nonrelated and related party transactions, and shall also be reported as a total of all transactions.
(e) 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 vc!,ie of agricultural commodities exported under
the Aorinmhural Trade Development and Assistance Act of 1954,
as amended: and
(23)






24

(B) the total amount of all export subsidies paid to exporters
by the United States under such Act for the exportation of such
commodities; and
(2) the value of goods exported under the Foreign Assistance
Act of 1961.
(d) To assist the Secretary to carry out the provisions of subsections
(b) and (c)(1) the Secretary of Agriculture shall furnish information to
the Secretary concerning the value of agricultural commodities exported under provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended, 'and the total amounts of all export subsidies paid to exporters by the United States under such Act for the exportation of such commodities;
and
(2) the Secretary of State shall furnish information to the
Secretary concerning the value of goods exported under the provisions of the Foreign Assistance Act of 1961, as amended. (Added Pub. L. 87-826, 2, Oct. 15. 1962, 76 Stat. 951, amended Jan. 3,
1975, Pub. L. 93-618, Title VI, 609(a), 88 Star. 2074.) 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 Seei'etary 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. 87-826, 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, other than by mail, and from the owners or operators of carriers. (Added Pub. L. 87-826, 2, Oct. 15, 1962,76 Stat. 951.) 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 trantsportation, whether ;uch departing carrier is destined directly to a foreign port






25

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 the penal sum of $1,000 is filed with the Secretary of the Treasury. The Secretaryf 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 $100 for each day's delinquency beyond the prescribed period, but not more than $1,000, 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) 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. 87-826, 2, Oct. 15, 11962, 76 Stat. 952.) 305. Violations, penalties
Any -person, including the owners or operators of carriers, violating the provisions of this chapter, or any rule, regulation, or order issued thereunder, except as provided in section 304 above, shall be liable to a penalty not to exceed $1,000 in addition to any other penalty imposed by law. The amount of any such penalty shall be payable into Sthe Treasury of the United States and shall be recoverable in a civil suit in the name of the United States. (Added Pub. L. 87-826, 2, Oct. 15,11962,76 Stat. 9-02.)
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. 87-826, 2, Oct. 15, 1962, 76 Stat. 952.)
307. Relationship to general census law
The following sections onl 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. 87-826, 2, Oct. 15, 1962, 76 Stat. 952.)

0)










UNIVERSITY OF FLORIDA 3 1262,09114 3304