Attachment S - USCODE-2007-Title13

Attachment S - USCODE-2007-Title13

TITLE 13—CENSUS
This title was enacted by act Aug. 31, 1954, ch. 1158, 68 Stat. 1012

Chap.

1.
3.

Sec.

Administration .....................................
Collection and Publication of Statistics ..................................................
Censuses ................................................
Offenses and Penalties ......................
Collection and Publication of Foreign Trade Statistics 1 ....................
Exchange of census 2 information 2

5.
7.
9.
10.

1
41
131
211
301
401

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
FORMER TITLE 13
Title 13
Former Sections

Title 13
New Sections

1 ..............................................
2 ..............................................
3, 4 ..........................................
5 ..............................................
6 ..............................................
7–9 ...........................................
21–41 ........................................
41a ..........................................
42–55 ........................................
61–69 ........................................
71 ............................................
72 ............................................
72a ..........................................
73 ............................................
74 ............................................
75 ............................................
76 ............................................
77 ............................................
81 ............................................
82 ............................................
83 ............................................
84 ............................................
85 ............................................
86 ............................................
91–98 ........................................
101 ...........................................
106 ...........................................
106 note ...................................
107 ...........................................
111 ...........................................
112 ...........................................
113 ...........................................
114 ...........................................
121 ...........................................
122 ...........................................

2
21
Rep.
22
22
Rep.
Rep.
Rep.
Rep.
Rep.
41
42
42
9, 214
43, 224, 241
44
45
Rep.
61
5
9, 214
224, 241
62
63
Rep.
T. 42 § 244a
Rep.
Rep.
Rep.
5, 24, 101, 102, 103, 225
Rep.
101
Rep.
131, 181
6, 9, 24, 25, 211, 212, 213, 214, 221,
222, 223, 224, 225
5, 132
141
143
23, 24
5, 144
25
145
211
9, 212, 213
221, 222, 223
224
9
Rep.
7
10

123
201
202
203
204
205
206
207
208
209
210
211
212
213
214

...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................

1 So
2 So

in original. Does not conform to chapter heading.
in original. Probably should be capitalized.

Page 1

TABLE SHOWING DISPOSITION OF ALL SECTIONS OF
FORMER TITLE 13—Continued
Title 13
Former Sections

Title 13
New Sections

215 ...........................................
216 ...........................................
217 ...........................................
218 ...........................................
219, 220 ....................................
251 ...........................................
252 ...........................................
253 ...........................................

6
5, 23, 146
Rep.
8
Rep.
5, 161, 163
6, 9, 24, 162, 211, 212, 213, 214
Rep.

AMENDMENTS
1990—Pub. L. 101–533, § 5(b)(1), Nov. 7, 1990, 104 Stat.
2348, added item for chapter 10.
1962—Pub. L. 87–826, § 1, Oct. 15, 1962, 76 Stat. 951,
added item for chapter 9.
POSITIVE LAW; CITATION
This title has been made positive law by section 1 of
act Aug. 31, 1954, ch. 1158, 68 Stat. 1012, which provided
in part ‘‘That title 13 of the United States Code, entitled ‘Census’ is revised, codified and enacted into law
and may be cited as ‘Title 13, United States Code, section—’.’’
REFERENCES TO CENSUS OFFICE
Section 3 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024,
provided that: ‘‘Whenever reference is made in any
other law or in any regulation or order to the Census
Office, such reference shall be held and considered to
mean the Bureau of the Census referred to in section 2
of Title 13, United States Code, as set out in section 1
of this Act. This section shall not be construed as affecting historical references to the Census Office which
could have no present or future application to the Bureau of the Census.’’
SEPARABILITY
Section 4 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024,
provided that: ‘‘If any part of Title 13, United States
Code, as set in section 1 of this Act, is held invalid, the
remainder of such title shall not be affected thereby.’’
LEGISLATIVE CONSTRUCTION
Section 5 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024,
provided that: ‘‘No inference of a legislative construction is to be drawn by reason of the chapter in Title 13,
United States Code, as set out in section 1 of this Act,
in which any section is placed, nor by reason of the
captions or catchlines used in such title.’’
EFFECTIVE DATE
Section 6 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024,
provided that: ‘‘The provisions of this Act shall take effect on January 1, 1955.’’
REPEALS
Section 7 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024,
provided that: ‘‘The sections of the Acts, and the Acts
or parts of Acts, enumerated in the following schedule,

§1

TITLE 13—CENSUS

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 I—GENERAL PROVISIONS
Sec.

1.
2.
3.
4.
5.
6.

7.
8.

9.
10.1
11.
12.
13.
[14.
15.
16.

Definitions.
Bureau of the Census.
Seal.
Functions of Secretary; regulations; delegation.
Questionnaires; number, form, and scope of
inquiries.
Information from other Federal departments
and agencies; acquisition of reports from
other governmental and private sources.
Printing; requisitions upon Public Printer;
publication of bulletins and reports.
Authenticated transcripts or copies of certain
returns; other data; restriction on use; disposition of fees received.
Information as confidential; exception.
Mail matter.
Authorization of appropriations.
Mechanical and electronic development.
Procurement of professional services.
Repealed.]
Leases for 1980 decennial census.
Address information reviewed by local governments.2

SUBCHAPTER II—OFFICERS AND EMPLOYEES
21.
22.
23.
24.

25.
26.

Director of the Census; duties.
Qualifications of permanent personnel.
Additional officers and employees.
Special agents, supervisors, supervisors’
clerks, enumerators, and interpreters; compensation; details.3
Duties of supervisors, enumerators, and other
employees.
Transportation by contract.
AMENDMENTS

1994—Pub. L. 103–430, § 2(d), Oct. 31, 1994, 108 Stat. 4394,
added item 16.
1979—Pub. L. 96–52, § 1(b), Aug. 13, 1979, 93 Stat. 358,
added item 15.
1976—Pub. L. 94–521, §§ 3(b), 4(b), 5(b), 6(b), Oct. 17,
1976, 90 Stat. 2459–2461, inserted reference to ‘‘regulations’’ in item 4, substituted ‘‘Questionnaires’’ for
‘‘Schedules’’ in item 5, substituted ‘‘Information from
other Federal departments and agencies; acquisition of
reports from other governmental and private sources’’
for ‘‘Requests to other departments and offices for information, acquisition of reports from governmental
and other sources’’ in item 6, and substituted ‘‘Authenticated transcripts or copies’’ for ‘‘Certified copies’’ in
item 8, respectively.
1966—Pub. L. 89–473, § 2(b), June 29, 1966, 80 Stat. 221,
struck out item 14 ‘‘Reimbursement between appropriations’’. Pub. L. 89–473 was subsequently repealed by
Pub. L. 97–258, § 5(b), Sept. 13, 1982, 92 Stat. 1068.
1962—Pub. L. 87–489, § 1(b), June 19, 1962, 76 Stat. 104,
added item 14.
1957—Pub. L. 85–207, § 1, Aug. 28, 1957, 71 Stat. 481, inserted ‘‘, acquisition of reports from governmental and
other sources’’ in item 6, and added items 12, 13 and 26.
1 Section repealed by Pub. L. 86–682 without corresponding
amendment of chapter analysis.
2 So in original. Does not conform to section catchline.
3 Section catchline amended by Pub. L. 86–769 without corresponding amendment of chapter analysis.

Page 2

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.
94–521, § 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.
AMENDMENTS
1976—Pub. L. 94–521 designated existing provisions as
pars. (1) and (2), and added par. (3).
EFFECTIVE DATE OF 1976 AMENDMENT
Section 17 of Pub. L. 94–521 provided that: ‘‘The
amendments made by this Act [enacting sections 181 to
184 and 196 of this title, amending this section and sections 3 to 6, 8, 23, 141, 191, 195, 214, 221, 224, 225, and 241
of this title, and enacting provisions set out as notes
under this section] shall take effect on October 1, 1976,
or on the date of the enactment of this Act [Oct. 17,
1976], whichever date is later’’.
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII,
subtitle E, § 1251], Nov. 29, 1999, 113 Stat. 1536, 1501A–505,
provided that: ‘‘This subtitle [amending section 301 of
this title and enacting provisions set out as notes
under section 301 of this title] may be cited as the ‘Proliferation Prevention Enhancement Act of 1999’.’’
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103–430, § 1, Oct. 31, 1994, 108 Stat. 4393, provided that: ‘‘This Act [enacting section 16 of this title,
amending sections 9 and 214 of this title and section 412
of Title 39, Postal Service, and enacting provisions set
out as a note under section 16 of this title] may be cited
as the ‘Census Address List Improvement Act of 1994’.’’
SEPARABILITY
Section 16 of Pub. L. 94–521 provided that: ‘‘If a provision enacted by this Act [see section 17 of Pub. L. 94–521
set out above] is held invalid, all valid provisions that
are severable from the invalid provision remain in effect. If a provision of this Act [Pub. L. 94–521] is held invalid in one or more of its applications, the provision
remains in effect in all valid applications that are severable from the invalid application or applications.’’

§ 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;

Page 3

§4

TITLE 13—CENSUS

Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 18, 1929, ch.
28, § 21, 46 Stat. 26).
Section 1 of title 13, U.S.C., 1952 ed., provided that the
‘‘Census Office’’ temporarily established in the Department of the Interior in accordance with the act of Mar.
3, 1899 (ch. 419, 30 Stat. 1014) ‘‘is made’’ a permanent office in the Department of Commerce. Such wording is
no longer necessary, and the provisions, as revised in
this section, merely continue the Bureau (of the Census) as an agency within, and under the jurisdiction of,
the Department of Commerce.

§ 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.
85–207, § 2, Aug. 28, 1957, 71 Stat. 481; Pub. L.
94–521, § 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, which established the ‘‘Census Office’’
on a temporary basis, provided in section 31 thereof (30
Stat. 1021) for a seal for that office. The office was
made permanent by act Mar. 6, 1902, ch. 139, 32 Stat. 51,
and section 6 of that act (32 Stat. 52) continued in full
force and effect ‘‘for the taking of the Thirteenth and
subsequent censuses’’ all provisions of the act of Mar.
3, 1899, not inconsistent with the provisions of such 1902
act. Therefore, since the 1902 act contained no provisions with respect to a seal, section 31 of the 1899 act,
providing for the seal, remained in force as it was not
inconsistent. Section 33 of act July 2, 1909, ch. 2, 36
Stat. 10, which act (36 Stat. 1) related to the Thirteenth
and subsequent decennial censuses, repealed the said
act of Mar. 3, 1899, specifically, and all ‘‘other’’ laws
and parts of laws inconsistent with the provisions of
the 1909 act. These repealing provisions are somewhat
ambiguous, but it was probably the intent of Congress,
as it was the intent thereof at the time of enactment
of the act of Mar. 6, 1902, referred to above, to continue
in effect all provisions of the act of Mar. 3, 1899, that
were not inconsistent with the act of July 2, 1909. The
1909 act contained no provisions with respect to the
seal, and it accordingly follows that the provisions of
section 31 of the act of Mar. 3, 1899, with respect thereto, continued in force. This is also the interpretation of
the Bureau of the Census, which has continued to use
a seal through the years in connection with ‘‘certificates and attestations’’.
In any event, this new section merely confirms past
and present practice, and restores, if it does not preserve, statutory authority for possession and use of the
seal which is a very necessary part of the operations of
the Bureau. Further, the section should serve to forestall future differences of interpretation. In the past,
some States have refused to recognize the seal of the
Census Bureau on the ground that it was not authorized by law. In all probability, this position was taken,
not as the result of a search of the Statutes at Large,
which would have been a difficult project, but because
provisions relating to the seal were not set out in the
United States Code where they would have been readily
accessible.
The language of this section follows substantially the
language of section 31 of the act of Mar. 3, 1899, referred

to above, but has been reworded because of jurisdictional and other changes since that time. The ‘‘Census
Office’’ was transferred from the Department of the Interior to the Department of Commerce and Labor by
act Feb. 14, 1903, ch. 552, § 4, 32 Stat. 826. Act Mar. 4,
1913, ch. 141, § 1, 37 Stat. 736, changed the name of the
latter to the Department of Commerce, and created, as
a separate department, the Department of Labor. It
transferred a number of bureaus and agencies from the
Department of Commerce to the Department of Labor,
but these transfers did not affect the Bureau of the
Census, which has remained under the jurisdiction of
the Department of Commerce. 1950 Reorganization Plan
No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263,
transferred all functions of all officers, employees, bureaus, and agencies of the Department of Commerce to
the Secretary of Commerce, and vested power in him to
delegate them or any of his other functions to any of
such officers, employees, bureaus, and agencies. Therefore, in this section, ‘‘Secretary’’, and ‘‘Secretary or
such officer or employee of the Bureau as he designates’’, were substituted, respectively, for two references to the Director of the Census, to conform with
such Plan.
AMENDMENTS
1976—Pub. L. 94–521 substituted ‘‘affixed to all documents authenticated by the Bureau’’ for ‘‘affixed to all
certificates and attestations that may be required from
the Bureau’’.
1957—Pub. L. 85–207 provided for judicial recognition
of the seal.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–521 effective Oct. 17, 1976,
see section 17 of Pub. L. 94–521, set out as a note under
section 1 of this title.

§ 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.
94–521, § 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, §§ 1, 2,
15 F.R. 3174, 64 Stat. 1263, which is set out as a note
under section 591 of title 5, U. S. C., 1952 ed., Executive
Departments and Government Officers and Employees
[now set out in the Appendix to Title 5, Government
Organization and Employees]. That plan transferred all
functions (with a few exceptions not applicable to the
Census Bureau) of all agencies, officers and employees
of the Department of Commerce to the Secretary of
Commerce, and vested power in him to delegate the
functions so transferred, or any of his other functions,
to such agencies, officers or employees within the Department as he designates.
See, also, section 253 of title 13, U.S.C., 1952 ed., which
provided for delegation of functions in connection with
the quinquennial censuses of governments, and authorized the Secretary to promulgate rules and regulations
with respect to such censuses. That section has been
omitted from this revised title, as the provision thereof
for delegation of functions is covered by this section,
and the provision thereof which related to rules and
regulations is covered by section 22 of title 1, U.S.C.,
1952 ed., General Provisions.

§5

TITLE 13—CENSUS

Because of the transfer effected by 1950 Reorganization Plan No. 5, referred to above, sections of title 13,
U.S.C., 1952 ed., which prescribed functions of the Bureau of the Census, the Census Office, or the Director
of the Census, have, in this revised title, been changed
to refer to the Secretary.
AMENDMENTS
1976—Pub. L. 94–521 inserted ‘‘regulations;’’ in section
catchline, authorized the Secretary to issue such rules
and regulations as he deems necessary to carry out the
functions and duties imposed upon him by this title,
authorized delegation of authority to issue such rules
and regulations to officers and employees of the Department of Commerce, and struck out a provision
which allowed delegation of performance of such functions and duties to bureaus and agencies of the Department of Commerce.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–521 effective Oct. 17, 1976,
see section 17 of Pub. L. 94–521, set out as a note under
section 1 of this title.

§ 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.
94–521, § 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, U.S.C., 1952 ed., The
Public Health and Welfare (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, §§ 3, 4, 16,
46 Stat. 21, 22, 25; 1939 Reorganization Plan No. II, § 4(e),
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431; 1940 Reorganization Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2107,
54 Stat. 1232; June 25, 1947, ch. 124, 61 Stat. 163; June 19,
1948, ch. 502, § 3, 62 Stat. 479; July 15, 1949, ch. 338, title
VI, § 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, §§ 1, 4, 64 Stat.
784, 785; July 16, 1952, ch. 912, 66 Stat. 736).
Section consolidates section 82 of title 13, U.S.C., 1952
ed., which related to statistics on cottonseed, oilseeds,
nuts and kernels, fats, oils, and greases, with part of
the second sentence of section 111 of such title, which
section related to miscellaneous statistics; with the
first sentence of section 123 of such title, which section
related to censuses of manufacturers, mineral industries, and other businesses; with the second sentence of
section 204 of such title, which section related to censuses of population, agriculture, irrigation, drainage,
etc.; with the third sentence of section 216 of such title,
which section related to censuses of agriculture; with
that part of subsection (b) of section 1442 of title 42,
U.S.C., 1952 ed., which made such sections 204 and 216
applicable to the censuses of housing; and with part of
section 251(b) of such title relating to censuses of governments.
Sections 82, 123 and 204 of title 13, U.S.C., 1952 ed.,
provided that the inquiries, etc., should be determined
by the Director of the Census, with the approval of the
Secretary of Commerce. Section 111 thereof provided
that the Director of the Census should prepare the
schedules, etc., and sections 216 and 251(b) thereof (the
former amended in 1952, the latter enacted in 1950) provided that the inquiries, etc., should be determined by
the Secretary of Commerce. This consolidated section
vests such duties in the Secretary of Commerce, which
is in conformity not only with such sections 216 and
251(b), but also with 1950 Reorganization Plan No. 5, §§ 1,
2, effective May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See
Revision Note to section 4 of this title.

Page 4

Changes were made in phraseology.
For remainder of sections 111, 123, 204, 216, and 251 of
title 13, U.S.C., 1952 ed., and of section 1442 of title 42,
U.S.C., 1952 ed. (which has been transferred in its entirety to this revised title), see Distribution Table.
AMENDMENTS
1976—Pub. L. 94–521 substituted ‘‘Questionnaires’’ for
‘‘Schedules’’ in section catchline and in text.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–521 effective Oct. 17, 1976,
see section 17 of Pub. L. 94–521, set out as a note under
section 1 of this title.
RESTRICTION ON COLLECTION OF CENSUS DATA ON RACE
Pub. L. 110–161, div. B, title I, Dec. 26, 2007, 121 Stat.
1887, provided in part: ‘‘That none of the funds provided
in this or any other Act for any fiscal year may be used
for the collection of census data on race identification
that does not include ‘some other race’ as a category.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 109–108, title II, Nov. 22, 2005, 119 Stat. 2308.
Pub. L. 108–447, 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.
85–207, § 3, Aug. 28, 1957, 71 Stat. 481; Pub. L.
94–521, § 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, U.S.C., 1952 ed., The Public
Health and Welfare (June 18, 1929, ch. 28, § 15, 46 Stat.
25; June 19, 1948, ch. 502, § 2, 62 Stat. 479; July 15, 1949,
ch. 338, title VI, § 607, 63 Stat. 441; Sept. 7, 1950, ch. 910,
§ 1, 64 Stat. 784).
Section consolidates section 215 of title 13, U.S.C.,
1952 ed., with those parts of sections 122 and 252 of such
title which respectively made such section 215 applicable to the quinquennial censuses of manufacturers and
the mineral industries and other businesses, and governments, and with that part of subsection (b) of section 1442 of title 42, U.S.C., 1952 ed., which made such
section 215 applicable to the decennial censuses of
housing (see subchapters I, II, and III of chapter 5 of
this title). As originally enacted in 1929, such section
215 had related only to the decennial censuses of population, agriculture, etc., the provisions for which are
continued in subchapter II of chapter 5 of this title.

Page 5

§8

TITLE 13—CENSUS

The provisions, as revised in this section, relate, not
only to the censuses referred to above, but also, to all
other investigations provided for in this title. This was
probably the Congressional intent.
Words in section 215 of title 13, U.S.C., 1952 ed., ‘‘on
request of the Director of the Census’’, were omitted
since all functions under this title are vested primarily
in the Secretary (of Commerce), in view of 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174,
64 Stat. 1263. See Revision Note to section 4 of this
title.
Changes were made in phraseology.
For remainder of sections 122 and 252 of title 13,
U.S.C., 1952 ed., and of section 1442 of title 42, U.S.C.,
1952 ed. (which has been transferred in its entirety to
this revised title), see Distribution Table.
AMENDMENTS
1976—Pub. L. 94–521 substituted ‘‘Information from
other Federal departments and agencies; acquisition of
reports from other governmental and private sources’’
for ‘‘Requests to other departments and offices for information, acquisition of reports from governmental
and other sources’’ in section catchline.
Subsec. (a). Pub. L. 94–521 substituted ‘‘considers’’ for
‘‘deems’’, and ‘‘agency, or establishment of the Federal
Government, or of the government of the District of
Columbia’’ for ‘‘or office of the Government’’.
Subsec. (c). Pub. L. 94–521 added subsec. (c).
1957—Pub. L. 85–207 inserted ‘‘, acquisition of reports
from governmental and other sources’’ in section
catchline, designated existing provisions as subsec. (a),
and added subsec. (b).
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–521 effective Oct. 17, 1976,
see section 17 of Pub. L. 94–521, set out as a note under
section 1 of this title.

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

§ 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, succes-

sor, or authorized agent of such respondent, authenticated transcripts or copies of reports (or
portions thereof) containing information furnished by, or on behalf of, such respondent in
connection with the surveys and census provided
for in this title, upon payment of the actual or
estimated cost of searching the records and furnishing such transcripts or copies.
(b) Subject to the limitations contained in sections 6(c) and 9 of this title, the Secretary may
furnish copies of tabulations and other statistical materials which do not disclose the information reported by, or on behalf of, any particular respondent, and may make special statistical
compilations and surveys, for departments,
agencies, and establishments of the Federal
Government, the government of the District of
Columbia, the government of any possession or
area (including political subdivisions thereof)
referred to in section 191(a) of this title, State or
local agencies, or other public and private persons and agencies, upon payment of the actual
or estimated cost of such work. In the case of
nonprofit agencies or organizations, the Secretary may engage in joint statistical projects,
the purpose of which are otherwise authorized
by law, but only if the cost of such projects are
shared equitably, as determined by the Secretary.
(c) In no case shall information furnished
under this section be used to the detriment of
any respondent or other person to whom such
information relates, except in the prosecution of
alleged violations of this title.
(d) All moneys received in payment for work
or services enumerated under this section shall
be deposited in a separate account which may be
used to pay directly the costs of such work or
services, to repay appropriations which initially
bore all or part of such costs, or to refund excess
sums when necessary.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L.
85–207, § 4, Aug. 28, 1957, 71 Stat. 481; Pub. L.
94–521, § 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, U.S.C., 1952 ed., The Public Health and
Welfare (June 18, 1929, ch. 28, § 18, 46 Stat. 25; July 15,
1949, ch. 338, title VI, § 607, 63 Stat. 441).
Section consolidates section 218 of title 13, U.S.C.,
1952 ed., with that part of subsection (b) of section 1442
of title 42, U.S.C., 1952 ed., which made such section 218
applicable to the censuses of housing. For remainder of
such section 1442 of title 42 (which has been transferred
in its entirety to this revised title), see Distribution
Table.
References to the Secretary, meaning the Secretary
of Commerce, were substituted for references to the Director of the Census, to conform with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1263. See Revision Note to section 4 of this title.
For the same reason, a reference in section 218 of title
13, U.S.C., 1952 ed., to the Bureau of the Census was
changed, in subsection (e) of this revised section to
‘‘Department of Commerce or any bureau or agency
thereof’’.
Changes were made in phraseology and arrangement.
AMENDMENTS
1976—Pub. L. 94–521 substituted ‘‘Authenticated transcripts or copies’’ for ‘‘Certified copies’’ in section
catchline.

§9

TITLE 13—CENSUS

Subsec. (a). Pub. L. 94–521 substituted provision that
the Secretary may furnish to any respondent, or the
successor or authorized agent of such respondent, transcripts or copies of reports containing information furnished in connection with the surveys and census, upon
payment of the necessary costs, for provision that authorized the Secretary, in his discretion, to furnish the
Governors of States and Territories, courts of record,
and individuals, data for genealogical and other proper
purposes, from the population, agriculture, and housing
schedules prepared under the authority of subchapter II
of chapter 5 of this title, upon payment of the necessary costs, plus one dollar for supplying a certificate.
Subsec. (b). Pub. L. 94–521 inserted provision subjecting the Secretary to the limitations contained in sections 6(c) and 9 of this title, when furnishing statistical
materials under this section, substituted ‘‘copies of
tabulations and other statistical materials’’ for ‘‘transcripts or copies of tables and other census records’’,
inserted provision that materials furnished under this
section may not disclose information reported by, or on
behalf of, a particular respondent, and substituted a
provision enumerating the public and private establishments and individuals, on behalf of whom, special statistical compilations may be conducted for provision
that such compilations may be conducted on behalf of
State or local officials, private concerns, or individuals.
Subsec. (c). Pub. L. 94–521 struck out ‘‘the authority
of’’ after ‘‘furnished under’’, substituted ‘‘any respondent or other person’’ for ‘‘the persons’’, and inserted
‘‘except in the prosecution of alleged violations of this
title’’ after ‘‘relates,’’.
1957—Subsec. (b). Pub. L. 85–207, § 4(a), inserted sentence at end respecting engagement in joint statistical
projects.
Subsec. (d). Pub. L. 85–207, § 4(b), required the deposit
in a separate account of moneys received in payment
for work or services, previously credited to an appropriation for collecting statistics, and permitted certain
uses of such account.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–521 effective Oct. 17, 1976,
see section 17 of Pub. L. 94–521, set out as a note under
section 1 of this title.

§ 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

Page 6

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.
87–813, Oct. 15, 1962, 76 Stat. 922; Pub. L. 101–533,
§ 5(b)(2), Nov. 7, 1990, 104 Stat. 2348; Pub. L.
103–430, § 2(b), Oct. 31, 1994, 108 Stat. 4394; Pub. L.
105–113, § 4(a)(1), Nov. 21, 1997, 111 Stat. 2276; Pub.
L. 105–119, 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, U.S.C., 1952 ed., The
Public Health and Welfare (Aug. 7, 1916, ch. 274, § 3, 39
Stat. 437; Apr. 2, 1924, ch. 80, § 3, 43 Stat. 31; June 18,
1929, ch. 28, §§ 8, 11, 21, 46 Stat. 23, 25, 26; July 25, 1947,
ch. 331, 61 Stat. 457; June 19, 1948, ch. 502, § 2, 62 Stat.
479; July 15, 1949, ch. 338, title VI, § 607, 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, U.S.C., 1952 ed.,
which made such sections 208 and 211 applicable to the
decennial censuses of housing (see subchapter II of
chapter 5 of this revised title).
Words ‘‘except as provided in section 8 of this title’’
were inserted in opening phrase of subsection (a) for
the purpose of clarity.
References to the Secretary, the Department of Commerce and bureaus and agencies thereof, and to other
officers and employees of such Department, bureaus or
agencies, were substituted for references to the Director of the Census, the ‘‘Census Office’’, and the enumeration (in section 208 of title 13, U.S.C., 1952 ed.) of
certain types of employees, for the purpose of completeness, and to conform with 1950 Reorganization
Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat.
1263. See Revision Note to section 4 of this title.
The penal provisions of sections 73, 83, and 208 of title
13, U.S.C., 1952 ed., prescribing penalties for wrongful
disclosure of information, are set out in section 214 of
this title.
Changes were made in phraseology.
For remainder of sections 122, 208, and 252 of title 13,
U.S.C., 1952 ed., and of section 1442 of title 42, U.S.C.,
1952 ed. (which section has been transferred in its entirety to this revised title), see Distribution Table.
REFERENCES IN TEXT
Section 210 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998, referred to in subsec. (a), is section
210 of Pub. L. 105–119, title II, Nov. 26, 1997, 111 Stat.

Page 7

§ 15

TITLE 13—CENSUS

2483, which amended this section and enacted provisions set out as a note under section 141 of this title.
Section 2(f) of the Census of Agriculture Act of 1997,
referred to in subsec. (a), is classified to section 2204g(f)
of Title 7, Agriculture.
AMENDMENTS
1997—Subsec. (a). Pub. L. 105–119, which directed the
substitution, in introductory provisions, of ‘‘of this
title or section 210 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998—’’ for ‘‘of this title—’’, was
executed by substituting ‘‘of this title or section 210 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act,
1998’’ for ‘‘of this title’’ to reflect the probable intent of
Congress and the amendment by Pub. L. 105–113. See
below.
Pub. L. 105–113 inserted ‘‘or section 2(f) of the Census
of Agriculture Act of 1997’’ after ‘‘chapter 10 of this
title’’.
1994—Subsec. (a). Pub. L. 103–430 inserted ‘‘or local
government census liaison,’’ after ‘‘thereof,’’ and ‘‘or
16’’ after ‘‘section 8’’.
1990—Subsec. (a). Pub. L. 101–533 inserted ‘‘or chapter
10’’ after ‘‘section 8’’.
1962—Subsec. (a). Pub. L. 87–813 inserted sentences
stating that no department, bureau, agency, officer, or
employee of the Government, except the Secretary in
carrying out the purposes of this title, shall require, for
any reason, copies of census reports which have been
retained by any such establishment or individual, and
providing that copies of census reports which have been
so retained shall be immune from legal process, and
shall not, without the consent of the individual or establishment, be admitted as evidence or used for any
purpose in any action, suit or other judicial or administrative proceeding.

[§ 10. Repealed. Pub. L. 86–682, § 12(a), Sept. 2,
1960, 74 Stat. 708, eff. Sept. 1, 1960]
Section, act Aug. 31, 1954, ch. 1158, § 1, 68 Stat. 1014, related to free transmittal of official mail in census matters.

§ 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.
BUREAU OF THE CENSUS WORKING CAPITAL FUND
Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 210],
Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that:
‘‘There is hereby established the Bureau of the Census
Working Capital Fund, which shall be available without fiscal year limitation, for expenses and equipment
necessary for the maintenance and operation of such
services and projects as the Director of the Census Bureau determines may be performed more advantageously when centralized: Provided, That such central
services shall, to the fullest extent practicable, be used
to make unnecessary the maintenance of separate like
services in the divisions and offices of the Bureau: Provided further, That a separate schedule of expenditures
and reimbursements, and a statement of the current assets and liabilities of the Working Capital Fund as of
the close of the last completed fiscal year, shall be prepared each year: Provided further, That notwithstanding
31 U.S.C. 3302, the Working Capital Fund may be cred-

ited with advances and reimbursements from applicable
appropriations of the Bureau and from funds of other
agencies or entities for services furnished pursuant to
law: Provided further, That any inventories, equipment,
and other assets pertaining to the services to be provided by such funds, either on hand or on order, less the
related liabilities or unpaid obligations, and any appropriations made hereafter for the purpose of providing
capital, shall be used to capitalize the Working Capital
Fund: Provided further, That the Working Capital Fund
shall provide for centralized services at rates which
will return in full all expenses of operation, including
depreciation of fund plant and equipment, amortization
of automated data processing software and hardware
systems, and an amount necessary to maintain a reasonable operating reserve as determined by the Director.’’

§ 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]
Section, added Pub. L. 87–489, § 1(a), June 19, 1962, 76
Stat. 104, provided for reimbursement between appropriations. See section 1534 of Title 31, Money and Finance.
REPEALS
Pub. L. 89–473, June 29, 1966, 80 Stat. 221, which repealed this section and struck out item 14 in the analysis of sections comprising this chapter, was itself repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat.
1068.

§ 15. Leases for 1980 decennial census
The 15 percent limitation contained in section
322 1 of the Act of June 30, 1932 (47 Stat. 412) shall
not apply to leases entered into by the Secretary for the purpose of carrying out the 1980
decennial census, but no lease may be entered
into for such purpose at a rental in excess of 105
percent of the appraised fair annual rental of
the leased premises, or a proportionate part of
the appraised fair annual rental in the case of a
lease for less than a year.
(Added Pub. L. 96–52, § 1(a), Aug. 13, 1979, 93 Stat.
358; amended Pub. L. 108–178, § 4(c), Dec. 15, 2003,
117 Stat. 2641.)
REFERENCES IN TEXT
Section 322 of the Act of June 30, 1932 (47 Stat. 412),
referred to in text, was repealed by Pub. L. 100–678, § 7,
Nov. 17, 1988, 102 Stat. 4052.
1 See

References in Text note below.

§ 16

TITLE 13—CENSUS
AMENDMENTS

2003—Pub. L. 108–178 struck out ‘‘; 40 U.S.C. 278a’’
after ‘‘47 Stat. 412’’.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108–178 effective Aug. 21, 2002,
see section 5 of Pub. L. 108–178, set out as a note under
section 5334 of Title 5, Government Organization and
Employees.

§ 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; and
(2) the term ‘‘State’’ includes the District of
Columbia, the Commonwealth of Puerto Rico,

Page 8

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. 103–430, § 2(a), Oct. 31, 1994, 108
Stat. 4393.)
REFERENCES IN TEXT
Section 3 of the Census Address List Improvement
Act of 1994, referred to in subsec. (a)(3), is section 3 of
Pub. L. 103–430, set out below.
DEVELOPMENT OF APPEALS PROCESS BY ADMINISTRATOR
OF OFFICE OF INFORMATION AND REGULATORY AFFAIRS
Section 3 of Pub. L. 103–430 provided that: ‘‘The Administrator of the Office of Information and Regulatory Affairs, acting through the Chief Statistician
and in consultation with the Bureau of the Census,
shall develop an appeals process for those States and
local units of general purpose government which desire
to appeal determinations of the Bureau of the Census
pursuant to section 16(a)(2) or (b)(3) of title 13, United
States Code. Appeals under such process shall be resolved before the decennial census date. The Chief Statistician shall publish the proposed appeals process for a
period of public comment before finalizing such process.’’

SUBCHAPTER II—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 by law, regulations, or orders
of the Secretary.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1014.)
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).
The provision of section 2 of title 13, U.S.C., 1952 ed.,
which imposed upon the Director the duty to superintend and direct the taking of censuses of the United
States was omitted in view of 1950 Reorganization Plan
No. 5, effective May 24, 1950, 15 F.R. 3174, 64 Stat. 1263,
which transferred all functions of all officers, employees, bureaus, and agencies of the Department of Commerce to the Secretary of Commerce, and this title, as
revised, vests such duty in the Secretary. However,
under section 4 of this title, he may delegate his functions hereunder.
‘‘Bureau’’ was substituted for ‘‘permanent Census Office’’. See Revision Note to section 2 of this title.
At the end of this section, references to regulations,
and to orders of the Secretary, were added after ‘‘law’’
in view of the changes effected by 1950 Reorganization
Plan No. 5, referred to above.
Changes were made in phraseology.

§ 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.
86–769, § 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, §§ 5, 10, 32 Stat. 51, 53; June 18, 1929, ch. 28, § 21,
46 Stat. 26).
Section consolidates section 5 of title 13, U.S.C., 1952
ed., with section 6 of such title.

Page 9

§ 23

TITLE 13—CENSUS

A reference to ‘‘officers’’ was inserted for completeness, and the word ‘‘permanent’’ was inserted before
‘‘officers and employees’’ for the purpose of clarity.
The provision in section 5 of title 13, U.S.C., 1952 ed.,
excepting unskilled laborers from the requirements for
citizenship, was omitted as superseded and covered by
the Classification Act of 1949 (5 U.S.C., 1952 ed., ch. 21).
The provision that appointments and compensation
shall be subject to the Classification Act of 1949 is new
but is in accordance with existing law. See chapter 21
of title 5, U.S.C., 1952 ed., Executive Departments and
Government Officers and Employees.
The provision in section 5 of title 13, U.S.C., 1952 ed.,
giving preference in appointments to war veterans and
their widows, was omitted as superseded and covered by
the Veterans’ Preference Act of 1944 (chapter 17 of Title
5, U.S.C., 1952 ed., Executive Departments and Government Officers and Employees).
Changes were made in phraseology.
AMENDMENTS
1960—Pub. L. 86–769 struck out references to appointment and compensation under the Civil Service laws
and the Classification Act of 1949.
PROGRAM FOR EMPLOYMENT OF SPANISH-ORIGIN
PERSONNEL IN BUREAU; REPORT TO CONGRESS
Pub. L. 94–311, § 6, June 16, 1976, 90 Stat. 689, required
Department of Commerce to implement an affirmative
action program within Bureau of the Census for employment of personnel of Spanish origin or descent and
to submit a report to Congress within one year of June
16, 1976, on progress of such program.

§ 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.
86–769, § 2, Sept. 13, 1960, 74 Stat. 911; Pub. L.
88–448, title IV, § 401(p), Aug. 19, 1964, 78 Stat. 492;
Pub. L. 94–521, § 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, U.S.C., 1952 ed., The Public Health
and Welfare (June 18, 1929, ch. 28, §§ 3, 16, 46 Stat. 21, 25;
July 6, 1949, ch. 298, §§ 1, 2, 63 Stat. 406; July 15, 1949, ch.
338, title VI, § 607, 63 Stat. 441; Oct. 28, 1949, ch. 782, title

XI, § 1106(a), 63 Stat. 972; July 16, 1952, ch. 912, 66 Stat.
736).
Section consolidates parts of sections 203 and 216 of
title 13, U.S.C., 1952 ed., with that part of subsection (b)
of section 1442 of title 42, U.S.C., 1952 ed., which made
such sections 203 and 216 applicable to the censuses of
housing.
Section 122 of title 13, U.S.C., 1952 ed., which related
to quinquennial censuses of manufacturers, the mineral
industries, transportation, and other businesses (see
subchapter I of chapter 5 of this revised title), and section 252 of title 13, U.S.C., 1952 ed., which related to
quinquennial censuses of governments (see subchapter
III of chapter 5 of this title), made section 203 of such
title applicable to those censuses. However, since the
particular provisions of such section 203 that have been
carried into this revised section apparently related, as
supplemented by section 1442(b) of title 42, U.S.C., 1952
ed., to the decennial censuses provided for in sections
201 et seq. of such title, and in such section 1442 of title
42 (see subchapter II of chapter 5 of this revised title),
and apparently could have no relevancy to the quinquennial censuses referred to above, this revised section relates only to such decennial censuses.
In subsection (a), ‘‘Departmental Service’’ was substituted for ‘‘District of Columbia’’, since the Bureau of
the Census now has its headquarters in Maryland, and
not in the District of Columbia.
In this section, a reference to the Bureau of the Census was changed to a reference to the Department of
Commerce, and references to the Director of the Census
were changed in all but one case to references to the
Secretary (of Commerce) to conform with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174,
64 Stat. 1263. See Revision Note to section 4 of this
title. The provision of section 203 of title 13, U.S.C., 1952
ed., that appointments under the particular provisions
thereof that have been carried into subsection (a) of
this revised section should be made upon the recommendation of the Director of the Census, have been
omitted from such subsection (a) for the same reason.
Further, words ‘‘or to whatever other officer is designated by the Secretary to take the census provided
for in sections 141 and 142 of this title’’ were inserted
after ‘‘Director of the Census’’ in par. (1) of subsection
(a), to conform with such 1950 Reorganization Plan.
The first paragraph of section 203 of title 13, U.S.C.,
1952 ed., which provided for the employment of two assistant directors for each decennial census period, was
omitted as obsolete and superseded, in view of section
122 of such title, which made such section 203 applicable
to the quinquennial censuses of manufactures and
other businesses, and to surveys (see subchapter IV of
chapter 5 of this title), thus rendering such first paragraph ineffective and meaningless. See also section
121(b) of title 13, U.S.C., 1952 ed.
The third proviso in the second paragraph of section
203 of title 13, U.S.C., 1952 ed., giving preference in appointments to disabled war veterans, their widows, and,
under certain circumstances, to their wives, was omitted as superseded and covered by the Veterans’ Preference Act of 1944 (chapter 17 of title 5, U.S.C., 1952 ed.,
Executive Departments and Government Officers and
Employees).
Changes were made in phraseology and arrangement.
Remainder of section 203 of title 13, U.S.C., 1952 ed.,
is incorporated in this subchapter, and for remainder of
section 216 thereof, and of section 1442 of title 42,
U.S.C., 1952 ed. (which has been transferred in its entirety to this revised title), see Distribution Table.
REFERENCES IN TEXT
The Classification Act of 1949, referred to in subsec.
(a), is act Oct. 28, 1949, ch. 782, 63 Stat. 954, as amended,
which was repealed by Pub. L. 89–554, § 8(a), Sept. 6,
1966, 80 Stat. 632, and reenacted by the first section
thereof as chapter 51 and subchapter III of chapter 53 of
Title 5, Government Organization and Employees.
The civil service laws, referred to in subsec. (a), are
set forth in Title 5. See, particularly, section 3301 et
seq. of Title 5.

§ 24

TITLE 13—CENSUS

Section 301 of the Dual Compensation Act, referred to
in subsec. (b), which was classified to section 3105 of
former Title 5, Executive Departments and Government Officers and Employees, was repealed by Pub. L.
89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by
the first section thereof as section 5533 of Title 5.
AMENDMENTS
1976—Subsec. (c). Pub. L. 94–521 added subsec. (c).
1964—Subsec. (b). Pub. L. 88–448 inserted ‘‘without regard to section 301 of the Dual Compensation Act’’.
1960—Subsec. (a). Pub. L. 86–769 substituted ‘‘The Secretary may establish, at rates of compensation to be
fixed by him without regard to the Classification Act of
1949, as many temporary positions as may be necessary
to meet the requirements of the work provided for by
law. Bureau employees who are transferred to any such
temporary positions shall not lose their permanent
civil service status by reason of the transfer. The Secretary may make appointments to such temporary positions in conformity with the civil service laws and
rules’’ for ‘‘The Secretary may appoint, without regard
to the Classification Act of 1949, at rates of compensation to be fixed by him, as many temporary employees
in the Departmental Service as may be necessary to
meet the requirements of the work provided for in this
title. Census employees who are transferred to any
such temporary positions shall not lose their permanent Civil Service status by reason of the transfer. The
Secretary shall make all such temporary appointments
in conformity with the Civil Service laws and rules’’.
Subsec. (b). Pub. L. 86–769 substituted ‘‘by law’’ for
‘‘in this title’’.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–521 effective Oct. 17, 1976,
see section 17 of Pub. L. 94–521, set out as a note under
section 1 of this title.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88–448 effective on first day of
first month which begins later than ninetieth day following Aug. 19, 1964, see section 403 of Pub. L. 88–448.
TEMPORARY POSITIONS RELATING TO DECENNIAL
CENSUSES
Pub. L. 108–447, div. B, title II, § 205, Dec. 8, 2004, 118
Stat. 2883, provided that: ‘‘Hereafter, none of the funds
made available by this or any other Act for the Department of Commerce shall be available to reimburse the
Unemployment Trust Fund or any other fund or account of the Treasury to pay for any expenses authorized by section 8501 of title 5, United States Code, for
services performed by individuals appointed to temporary positions within the Bureau of the Census for
purposes relating to the decennial censuses of population.’’
Similar provisions were contained in the following
prior appropriation acts:
Pub. L. 106–553, § 1(a)(2) [title II, § 204], Dec. 21, 2000,
114 Stat. 2762, 2762A–78.
Pub. L. 106–113, div. B, § 1000(a)(1) [title II, § 204], Nov.
29, 1999, 113 Stat. 1535, 1501A–31.
Pub. L. 105–277, div. A, § 101(b) [title II, § 204], Oct. 21,
1998, 112 Stat. 2681–50, 2681–86.
Pub. L. 105–119, title II, § 204, Nov. 26, 1997, 111 Stat.
2479.
Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 204],
Sept. 30, 1996, 110 Stat. 3009, 3009–39.
Pub. L. 104–134, title I, § 101[(a)] [title II, § 204], Apr. 26,
1996, 110 Stat. 1321, 1321–30; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–317, title II, § 204, Aug. 26, 1994, 108 Stat.
1749.
Pub. L. 103–121, title II, § 204, Oct. 27, 1993, 107 Stat.
1177.
Pub. L. 102–395, title II, § 204, Oct. 6, 1992, 106 Stat.
1855.
Pub. L. 102–140, title II, § 204, Oct. 28, 1991, 105 Stat.
806.

Page 10

Pub. L. 101–515, title I, § 104, Nov. 5, 1990, 104 Stat.
2108.
Pub. L. 101–382, title I, § 141, Aug. 20, 1990, 104 Stat.
654, provided that:
‘‘(a) GENERAL RULE.—The determination of whether
temporary 1990 census services constitute ‘Federal
service’ for purposes of subchapter I of chapter 85 of
title 5, United States Code, shall be made under the
provisions of such subchapter without regard to any
provision of law not contained in such subchapter.
‘‘(b) TEMPORARY 1990 CENSUS SERVICES.—For purposes
of subsection (a), the term ‘temporary 1990 census services’ means services performed by individuals appointed to temporary positions within the Bureau of
the Census for purposes relating to the 1990 decennial
census of population (as determined under regulations
determined by the Secretary of Commerce).’’
Pub. L. 101–302, title II, May 25, 1990, 104 Stat. 215,
provided that: ‘‘Services performed after April 20, 1990,
by individuals appointed to temporary positions within
the Bureau of the Census for purposes relating to the
1990 decennial census of population shall not constitute
‘Federal service’ for purposes of section 8501 of title 5,
United States Code.’’
Pub. L. 101–86, Aug. 16, 1989, 103 Stat. 593, as amended
by Pub. L. 101–293, § 1, May 17, 1990, 104 Stat. 192, provided that Federal annuitants or former members of
the uniformed services who return to Government service under temporary appointments to assist in carrying
out the 1990 decennial census of population would be exempt from certain provisions of Title 5, Government
Organization and Employees, relating to offsets from
pay and other benefits.
[Section 2 of Pub. L. 101–293 provided that amendment of Pub. L. 101–86 by Pub. L. 101–293 may not be
considered to make an exemption under Pub. L. 101–86
applicable to any service performed before May 17, 1990,
which was in excess of that allowable under Pub. L.
101–86 (as then in effect).]
POLICY AND PRACTICES OF BUREAU OF CENSUS
REGARDING USE OF TEMPORARY STAFF; PUBLICATION
Pub. L. 97–454, § 3, Jan. 12, 1983, 96 Stat. 2494, provided
that: ‘‘Not later than 180 days after the effective date
of this Act [Jan. 12, 1983], the Secretary of Commerce
shall publish in the Federal Register a statement of the
policy and practices of the Bureau of the Census relating to the administration of section 23(c) of title 13,
United States Code. Such statement shall include a description of—
‘‘(1) the policy of the Secretary for the use of all individuals as temporary staff pursuant to such section
23(c) to assist the Bureau of the Census in performing
work authorized under such title 13;
‘‘(2) the functions for which the Secretary, in his
discretion, may appoint temporary staff to assist the
Bureau in performing work authorized under such
title 13;
‘‘(3) the practice applicable to the appointment of
such temporary staff in performing such work;
‘‘(4) the requirements and penalties under such title
applicable to temporary staff performing such work,
together with safeguards to ensure that such temporary staff will observe the limitations imposed in
section 9 of such title.’’

§ 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 re-

Page 11

§ 24

TITLE 13—CENSUS

gard to the provisions of any other law, return
the employee to a continuing position, with
rank and compensation not less than that which
he held in his last permanent position in the Bureau: Provided, That no employee shall, by reason of his service in a temporary position under
this subsection, lose the protection of any law or
regulation with respect to his separation, suspension, furlough, or reduction in rank or compensation below the level held in his last permanent position in the Bureau. Service by a nontemporary employee in a temporary position
under this subsection shall be creditable for
step-increases (both periodic and longevity)
under title VII of the Classification Act of 1949,
as amended, as though it were a continuation of
service in his last permanent position.
(b) As used in this title with respect to appointments or positions, ‘‘temporary’’ shall be
construed to mean not in excess of one year, or
not in excess of the specific period during which
appropriations are available for the conduct of a
particular census, whichever is longer. No employee of the Bureau who holds only a temporary appointment within the meaning of this
section shall be considered as other than strictly temporary for purposes of any other provision
of law relating to separations, suspensions, or
reductions in rank or compensation.
(c) The enlisted men and officers of the uniformed services may be appointed and compensated for service in temporary enumerator
positions for the enumeration of personnel of
the uniformed services.
(d) The Secretary may fix compensation on a
piece-price basis without limitation as to the
amount earned per diem, and payments may be
made to enumerators for the use of private automobiles on official business without regard to
section 4 of the Travel Expense Act of 1949, as
amended (5 U.S.C. 837), but at rates not in excess
of the rates provided by that Act.
(e) The Secretary may authorize the expenditure of necessary sums for travel expenses of
persons selected for appointment for attendance
at training courses held by the Department of
Commerce with respect to any of the work provided for by law.
(f) Notwithstanding any other provision of law
prohibiting the expenditure of public money for
telephone service, the Secretary, under such
regulations as he shall prescribe, may authorize
reimbursement for tolls or charges for telephone
service from private residences or private apartments to the extent such charges are determined by the Secretary to have been incurred to
facilitate the collection of information in connection with the censuses and surveys authorized by this title.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1015; Pub. L.
86–769, § 3, Sept. 13, 1960, 74 Stat. 911; Pub. L.
88–535, 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, U.S.C. 1952 ed., The Public
Health and Welfare (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; 1939 Reorganization Plan No. II, § 4(e),
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431; 1940 Reorganization Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2107,

54 Stat. 1232; June 25, 1947, ch. 124, 61 Stat. 163; June 19,
1948, ch. 502, § 2, 62 Stat. 479; July 6, 1949, ch. 298, §§ 1, 2,
63 Stat. 406; July 15, 1949, ch. 338, title VI, § 607, 63 Stat.
441; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972;
Sept. 7, 1950, ch. 910, §§ 2, 4, 64 Stat. 784, 785).
Section consolidates those provisions of sections 111,
122, 203 and 252 of title 13, U.S.C., 1952 ed., which related
to appointment of special personnel for census work,
collection of statistics, etc., and the use of permanent
employees for such purpose, with that part of subsection (b) of section 1442 of title 42, U.S.C., 1952 ed.,
which made such section 203 applicable to housing censuses (subchapter II of chapter 5 of this title).
The provisions have been reworded to make it clear
that they relate to all collections of statistics, censuses, etc., provided for in this title.
References to the Director of the Census have been
changed to references to the Secretary (of Commerce)
to conform with 1950 Reorganization Plan No. 5, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision
Note to section 4 of this title.
Words ‘‘except that such special agents shall be appointed in accordance with the civil service laws’’ were
omitted as obsolete and unnecessary in view of the
Classification Act of 1949 (see 5 U.S.C., 1952 ed., ch. 21).
The provisions of section 203 of title 13, U.S.C., 1952
ed., relating to per diem rates of compensation for special agents, to authority to detail permanent employees and special agents to act as supervisors or enumerators, and to duties thereof, were omitted as obsolete
and superseded by the Classification Act of 1949.
The provision of section 203 of title 13, U.S.C., 1952
ed., that the Director of the Census might delegate to
the supervisors the authority to appoint enumerators,
was omitted because all functions of the Director and
other officers and employees of the Department of
Commerce and its bureaus and agencies were transferred to the Secretary by 1950 Reorganization Plan No.
5, referred to above. However, section 4 of this title provides for delegation of functions by the Secretary.
Words ‘‘on a temporary basis’’ were inserted after
‘‘appointed’’ in subsection (a) for the purpose of clarity.
Changes were made in phraseology and arrangement.
Remainder of section 203 of title 13, U.S.C., 1952 ed.,
is incorporated in this subchapter, and for remainder of
sections 111, 122 and 252 thereof, and of section 1442 of
title 42, U.S.C., 1952 ed. (which has been transferred in
its entirety to this revised title), see Distribution
Table.
REFERENCES IN TEXT
Title VII of the Classification Act of 1949, as amended, referred to in subsec. (a), is title VII of act Oct. 28,
1949, ch. 872, 63 Stat. 967, as amended, which was classified to sections 1121 to 1123 of former Title 5, Executive
Departments and Government Officers and Employees,
and was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966,
80 Stat. 632, and reenacted by the first section thereof
as sections 5335 and 5336 of Title 5, Government Organization and Employees.
Section 4 of the Travel Expense Act of 1949, as amended (5 U.S.C. 837), referred to in subsec. (d), was repealed
by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and
reenacted by the first section thereof as section 5704 of
Title 5.
AMENDMENTS
1964—Subsec. (f). Pub. L. 88–535 added subsec. (f).
1960—Pub. L. 86–769 amended section generally, and
among other changes, permitted the utilization of nontemporary employees in temporary service, and their
return, when the Secretary so determines, to a continuing position with rank and compensation not less than
that of their last permanent position, with no loss of
protection of any law or regulation with respect to
their separation, suspension, furlough or reduction in
rank or compensation below their last permanent position, provided that service by nontemporary employees
in temporary positions is creditable for step-increases

§ 25

TITLE 13—CENSUS

as though a continuation of their last permanent positions, defined ‘‘temporary’’, and provided for payments
to enumerators for the use of private automobiles on
official business.
SALARY PROTECTION FOR EMPLOYEES SUBJECT TO
CLASSIFICATION ACT OF 1949
Special provisions of this section respecting utilization of nontemporary employees of the Bureau of the
Census in temporary positions in connection with any
census unaffected by provisions for salary protection to
employees subject to Classification Act of 1949, see section 103 of Pub. L. 87–270, title I, Sept. 21, 1961, 75 Stat.
569.

cal, or more advantageous to the Government
than use of his motorcycle, automobile, or airplane in conducting the census.
(Added Pub. L. 85–207, § 6, Aug. 28, 1957, 71 Stat.
482.)
REFERENCES IN TEXT
Section 4 of the Travel Expense Act of 1949, as amended (5 U.S.C. 837), referred to in text, was repealed by
Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as section 5704 of
Title 5, Government Organization and Employees.

CHAPTER 3—COLLECTION AND
PUBLICATION OF STATISTICS

§ 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 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.
88–530, Aug. 31, 1964, 78 Stat. 737.)

SUBCHAPTER I—COTTON
Sec.

41.
42.

43.
44.
45.

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

§ 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). The rentals shall be at rates equivalent to the prevailing rental rates of the locality. The rental contracts within the continental
United States may be entered into only when
the use by the field employee of such other
means of transportation is safer, more economi-

Collection and publication.
Contents of reports; number of bales of linter;
distribution; publication by Department of
Agriculture.
Records and reports of cotton ginners.
Foreign cotton statistics.
Simultaneous publication of cotton reports.
SUBCHAPTER II—OILSEEDS, NUTS, AND
KERNELS; FATS, OILS, AND GREASES

61.
62.
63.

Collection and publication.
Additional statistics.
Duplicate collection of statistics prohibited;
access to available statistics.
SUBCHAPTER III—APPAREL AND TEXTILES

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

Page 12

81.

Statistics on apparel and textile industries.
SUBCHAPTER IV—QUARTERLY FINANCIAL
STATISTICS

91.

Collection and publication.
SUBCHAPTER V—MISCELLANEOUS

101.
102.
103.

Defective, dependent, and delinquent classes;
crime.
Religion.
Designation of reports.
AMENDMENTS

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

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).

Page 13

§ 45

TITLE 13—CENSUS

‘‘Secretary’’ was substituted for ‘‘Director of the Census’’ to conform with 1950 Reorganization Plan No. 5,
§§ 1, 2, effective May 24, 1950, 15 F.R. 3174, 64 Stat. 1263.
See Revision Note to section 4 of this title.
Changes were made in phraseology and arrangement.

§ 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 spindlehours, 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.
92–331, § 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, 15 F.R. 3174, 64 Stat. 1263.
See Revision Note to section 4 of this title.
Changes were made in phraseology and arrangement.
AMENDMENTS
1972—Subsec. (a). Pub. L. 92–331 substituted ‘‘September 1, September 15, October 1, October 15, November 1,
November 15, December 1, December 15, January 1, January 15, February 1,’’ for ‘‘August 16, September 1, September 16, October 1, October 18, November 1, November 14, December 1, December 13, January 16,’’ and
‘‘September 1’’ for ‘‘August 16’’.

§ 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.
92–143, 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, U.S.C., 1952 ed. For remainder of such section 74, see Distribution Table.
Changes were made in phraseology.
AMENDMENTS
1971—Pub. L. 92–143 inserted ‘‘completion of the ginning season, but not later than the’’.

§ 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, 15 F.R. 3174, 64 Stat. 1263.
See Revision Note to 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 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; Pub. L.
92–331, § 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).
AMENDMENTS
1972—Pub. L. 92–331 substituted provisions requiring
the two reports to be issued from the same place at 3

§ 61

TITLE 13—CENSUS

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

Page 14

§ 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.)

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., § 85 (Aug. 7, 1916, ch.
274, § 5, as added July 25, 1947, ch. 331, 61 Stat. 457).
References to the Secretary (of Commerce) were substituted for reference to the Director of the Census and
for reference to the Bureau (of the Census), to conform
with 1950 Reorganization Plan No. 5, §§ 1, 2, effective
May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision
Note to section 4 of this title.
Changes were made in phraseology.

§ 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, as added July 25, 1947, ch. 331, 61 Stat. 457).
References to the Secretary (of Commerce) were substituted for references to the Director of the Census to
conform with 1950 Reorganization Plan No. 5, §§ 1, 2, effective May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title.
Words ‘‘, as of the effective date of this title,’’ were
inserted in the first sentence for the purpose of clarity.
Changes were made in phraseology.
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. 99–467, § 1(a), Oct. 14, 1986, 100
Stat. 1192.)
SUBCHAPTER IV—QUARTERLY FINANCIAL
STATISTICS

HISTORICAL AND REVISION NOTES

AMENDMENTS

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, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title.
Changes were made in phraseology and arrangement.

1986—Pub. L. 99–467, § 1(a), Oct. 14, 1986, 100 Stat. 1192,
substituted ‘‘IV’’ for ‘‘III’’ as subchapter designation.

§ 91. Collection and publication
(a) The Secretary shall collect and publish
quarterly financial statistics of business operations, organization, practices, management,

Page 15

§ 91

TITLE 13—CENSUS

and relation to other businesses, including data
on sales, expenses, profits, assets, liabilities,
stockholders’ equity, and related accounts generally used by businesses in income statements,
balance sheets, and other measures of financial
condition.
(b) Except to the extent determined otherwise
by the Secretary on the basis of changed circumstances, the nature of statistics collected
and published under this section, and the manner of the collection and publication of such statistics, shall conform to the quarterly financial
reporting program carried out by the Federal
Trade Commission before the effective date of
this section under section 6(b) of the Federal
Trade Commission Act.
(c) For purposes of section 6103(j)(1) of the Internal Revenue Code of 1986, the conducting of
the quarterly financial report program under
this section shall be considered as the conducting of a related statistical activity authorized
by law.
(d)(1) The Secretary shall not select an organization or entity for participation in a survey,
if—
(A) the organization or entity—
(i) has assets of less than $50,000,000;
(ii) completed participation in a prior survey in the preceding 10-year period, as determined by the Secretary; and
(iii) was selected for that prior survey participation after September 30, 1990; or
(B) the organization or entity—
(i) has assets of more than $50,000,000 and
less than $100,000,000;
(ii) completed participation in a prior survey in the preceding 2-year period, as determined by the Secretary; and
(iii) was selected for that prior survey participation after September 30, 1995.
(2)(A) The Secretary shall furnish advice and
similar assistance to ease the burden of a small
business concern which is attempting to compile
and furnish the business information required of
organizations and entities participating in the
survey.
(B) To facilitate the provision of the assistance under subparagraph (A), the Secretary
shall establish a toll-free telephone number.
(C) The Secretary shall expand the use of statistical sampling techniques to select organizations and entities having assets less than
$100,000,000 to participate in the survey.
(3) The Secretary may undertake such additional paperwork burden reduction initiatives
with respect to the conduct of the survey as may
be deemed appropriate by the Secretary.
(4) For purposes of this subsection:
(A) The term ‘‘small business concern’’
means a business concern that meets the requirements of section 3(a) of the Small Business Act and the regulations promulgated pursuant thereto.
(B) The term ‘‘survey’’ means the collection
of information by the Secretary pursuant to
this section for the purpose of preparing the
publication entitled ‘‘Quarterly Financial Report for Manufacturing, Mining, and Trade
Corporations’’.
(Added Pub. L. 97–454, § 1(a)(2), Jan. 12, 1983, 96
Stat. 2494; amended Pub. L. 99–514, § 2, Oct. 22,

1986, 100 Stat. 2095; Pub. L. 104–13, § 3, May 22,
1995, 109 Stat. 184.)
TERMINATION OF SECTION
For termination of section by section 4(b) of
Pub. L. 97–454, see Effective and Termination
Date note below.
REFERENCES IN TEXT
The effective date of this section, referred to in subsec. (b), is Jan. 12, 1983, see Effective and Termination
Date note set out below.
Section 6(b) of the Federal Trade Commission Act, referred to in subsec. (b), is classified to section 46(b) of
Title 15, Commerce and Trade.
Section 6103(j)(1) of the Internal Revenue Code of 1986,
referred to in subsec. (c), is classified to section
6103(j)(1) of Title 26, Internal Revenue Code.
Section 3(a) of the Small Business Act, referred to in
subsec. (d)(4)(A), is classified to section 632(a) of Title
15, Commerce and Trade.
AMENDMENTS
1995—Subsec. (d). Pub. L. 104–13 added subsec. (d).
1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘Internal
Revenue Code of 1986’’ for ‘‘Internal Revenue Code of
1954’’.
EFFECTIVE DATE OF 1995 AMENDMENT
Amendment by Pub. L. 104–13 effective Oct. 1, 1995,
see section 4(a) of Pub. L. 104–13, set out as an Effective
Date note under section 3501 of Title 44, Public Printing
and Documents.
EFFECTIVE AND TERMINATION DATE; REPORT TO
CONGRESS
Pub. L. 97–454, § 4, Jan. 12, 1983, 96 Stat. 2495, as
amended by Pub. L. 101–227, § 1, Dec. 12, 1989, 103 Stat.
1943; Pub. L. 103–105, § 1(a), Oct. 12, 1993, 107 Stat. 1030;
Pub. L. 105–252, § 1, Oct. 9, 1998, 112 Stat. 1886; Pub. L.
109–79, § 1, Sept. 30, 2005, 119 Stat. 2044, provided that:
‘‘(a) This Act [enacting section 91 of this title and
provisions set out as notes under sections 23 and 91 of
this title] shall take effect on the date of the enactment of this Act [Jan. 12, 1983].
‘‘(b) This Act, including the amendments made by
this Act, shall cease to have effect after September 30,
2015.
‘‘(c) Not later than 2 years after such effective date
[Jan. 12, 1983], the Secretary of Commerce shall submit
a report to the Congress regarding the administration
of the program transferred by this Act [enacting section 91 of this title and provisions set out as notes
under sections 23 and 91 of this title]. Such report shall
describe—
‘‘(1) the estimated respondent burden, including
any changes in the estimated respondent burden after
the transfer of such program;
‘‘(2) the application made by various public and private organizations of the information published
under such program; and
‘‘(3) technical or administration problems encountered in carrying out such program.’’
[Section 1(b) of Pub. L. 103–105 provided that: ‘‘The
amendment made under subsection (a) [amending section 4 of Pub. L. 97–454, set out above] shall take effect
on September 30, 1993.]
TRANSFER OF FUNCTIONS RELATING TO QUARTERLY
FINANCIAL STATISTICS
Section 2 of Pub. L. 97–454, as amended by Pub. L.
99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
‘‘(a) There are transferred to the Secretary of Commerce, for administration under section 91 of title 13,
United States Code, all functions relating to the quarterly financial report program which was carried out
by the Federal Trade Commission before the effective
date of this Act [Jan. 12, 1983] pursuant to the author-

§ 101

TITLE 13—CENSUS

ity of section 6(b) of the Federal Trade Commission Act
(15 U.S.C. 46(b)).
‘‘(b) All personnel, property, and records of the Federal Trade Commission which the Director of the Office
of Management and Budget determines, after consultation with the Secretary of Commerce and the Chairman
of the Federal Trade Commission, to be employed, held,
or used in connection with any function relating to the
quarterly financial report program shall be transferred
to the Department of Commerce. For purposes of sections 6103, 7213, and 7431, and other provisions of the Internal Revenue Code of 1986 [26 U.S.C. 6103, 7213, 7431],
return information (as defined in section 6103(b) of such
Code) which is transferred under this subsection shall
be treated as if it were furnished to the Bureau of the
Census under section 6103(j)(1) of such Code solely for
administering the quarterly financial report program
under section 91 of title 13, United States Code. Such
transfer shall be carried out not later than 90 days after
the effective date of this Act [Jan. 12, 1983].’’

SUBCHAPTER V—MISCELLANEOUS
AMENDMENTS
1986—Pub. L. 99–467, § 1(a), Oct. 14, 1986, 100 Stat. 1192,
substituted ‘‘V’’ for ‘‘IV’’ as subchapter designation.
1983—Pub. L. 97–454, § 1(a)(1), Jan. 12, 1983, 96 Stat.
2494, substituted ‘‘IV’’ for ‘‘III’’ as subchapter designation.

§ 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; 1939 Reorganization Plan No.
II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431; 1940
Reorganization Plan No. III, § 3, 5 F.R. 2107, 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,
U.S.C., 1952 ed., with section 113 of such title which also
related to statistics with respect to crime and to the
‘‘defective, dependent, and delinquent classes’’.
‘‘Secretary’’, meaning the Secretary of Commerce,
was substituted for ‘‘Director of the Census’’ to conform with Reorganization Plan No. 5, §§ 1, 2, eff. May 24,
1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to
section 4 of this title.
The provisions of section 111 of title 13, U.S.C., 1952
ed., authorizing statistics relating to transportation by
water, and express business, to mines, mining, quarries,
and minerals, to savings banks and other savings institutions, mortgage, loan, and investment companies,

Page 16

and similar institutions, and to street railways, electric light and power, telephone, and telegraph business,
were omitted as superseded and covered by sections
121–123 of such title (enacted in 1948), which are set out
elsewhere in this title. See Distribution Table.
Section 111 of title 13, U.S.C., 1952 ed., also authorized
the decennial collection of statistics relating to the
fishing industry ‘‘in cooperation with the Fish and
Wildlife Service’’. In the basic statutory provision (see
amendment by act June 7, 1906, ch. 3048, 34 Stat. 218,
‘‘Fish and Wildlife Service’’ read ‘‘Bureau of Fisheries’’
and it was changed, by the codifiers, in such section 111
to the former designation because of 1940 Reorganization Plan No. III, § 3, 5 F.R. 2107, 54 Stat. 1232, which
consolidated the Bureau of Fisheries and the Bureau of
Biological Survey into one agency to be known as the
‘‘Fish and Wildlife Service’’. However, at the time of
the enactment of the 1906 act, referred to above, both
the Bureau of the Fisheries, and the Census Bureau
(then referred to as the ‘‘Census Office’’), were in the
Department of Commerce. The Bureau of Fisheries was
transferred to the Department of the Interior by 1939
Reorganization Plan No. II, § 4(e), 4 F.R. 2731, 53 Stat.
1431, and it is within that department that the Fish and
Wildlife Service now functions. Therefore, such provision in section 111 of title 13, U.S.C., 1952 ed., has been
omitted from this revised title as obsolete. In any
event section 121 of title 13, U.S.C., 1952 ed. (subchapter
I of chapter 5 of this revised title) is broad enough to
authorize such collection.
The provisions of section 111 of title 13, U.S.C., 1952
ed., which authorized statistics relating to religion,
and the provisions thereof which related to the designation of reports, are set out as separate sections in this
subchapter; and the provisions thereof which related to
the preparation of schedules, and which authorized the
appointment of special agents, are set out in chapter 1
of this title. See Distribution Table.
The proviso in section 111 of title 13, U.S.C., 1952 ed.,
which prohibited the collection of statistics relating to
religious or church membership when the disclosure of
such information was prohibited by religious or church
doctrine, teaching or discipline, has been incorporated
in chapter 7 of this title. See Distribution Table.

§ 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; 1939 Reorganization
Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
1431; 1940 Reorganization Plan No. III, § 3, eff. June 30,
1940, 5 F.R. 2107, 54 Stat. 1232; June 25, 1947, ch. 124, 61
Stat. 163; Sept. 7, 1950, ch. 910, § 4, 64 Stat. 785).
Section was taken from that part of section 111 of
title 13, U.S.C., 1952 ed., which related to statistics on
religion. For remainder of such section 111, see this
subchapter and Distribution Table.
Changes were made in phraseology.

§ 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;

Page 17

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

CHAPTER 5—CENSUSES
SUBCHAPTER I—MANUFACTURES, MINERAL
INDUSTRIES, AND OTHER BUSINESSES
Sec.

131.
Collection and publication; five-year periods.
132.
Controlling law; effect on other agencies.
SUBCHAPTER II—POPULATION, HOUSING, AND
UNEMPLOYMENT
141.
Population and other census information.
[142 to 146. Repealed.]
SUBCHAPTER III—GOVERNMENTS
161.

Quinquennial censuses; inclusion of certain
data.
[162.
Repealed.]
163.
Authority of other agencies.1
SUBCHAPTER IV—INTERIM CURRENT DATA
181.
Population.
182.
Surveys.
183.
Use of most recent population data.
184.
Definitions.
SUBCHAPTER V—GEOGRAPHIC SCOPE, PRELIMINARY AND SUPPLEMENTAL STATISTICS, AND
USE OF SAMPLING
191.

§ 131

TITLE 13—CENSUS

Geographic scope of censuses.

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

193.
195.
196.

Preliminary and supplemental statistics.
Use of sampling.
Special censuses.
AMENDMENTS

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

SUBCHAPTER
I—MANUFACTURES,
ERAL INDUSTRIES, AND OTHER
NESSES

MINBUSI-

§ 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.
85–207, § 8, Aug. 28, 1957, 71 Stat. 482; Pub. L.
88–532, 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,
U.S.C., 1952 ed. The remainder of such section 121,
which constituted subsection (b) thereof, is incorporated in subchapter IV of this chapter.
At the beginning, ‘‘The Secretary’’, meaning the Secretary of Commerce, was substituted for a reference to
the Director of the Bureau of the Census, and, at the
end, the provision that the territorial scope of the censuses should be determined by the Secretary was substituted for the provision of section 121 of title 13,
U.S.C., 1952 ed., that such determination should be
made by the Director with the approval of the Secretary, to conform with 1950 Reorganization Plan No. 5,
§§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, which

§ 132

TITLE 13—CENSUS

transferred all functions of all officers and employees,
agencies and bureaus of the Department of Commerce
to the Secretary. However, the Secretary, under that
plan, may delegate any of such transferred functions,
as well as any other of his functions, to any of such officers, employees, agencies and bureaus. See, also, section 4 of this title.
The reference in section 121 of title 13, U.S.C., 1952
ed., to the year ‘‘1949’’ as the year for commencement
of the quinquennial censuses was changed to the year
‘‘1954’’, since the former designation is obsolete, and
the provision of such section that the census of manufacturers should not be taken in 1949 was omitted as obsolete.
Changes were made in phraseology.
AMENDMENTS
1964—Pub. L. 88–532 substituted ‘‘in the year 1964,
then in the year 1968, and’’ for ‘‘in the year 1954 and’’
and struck out provisions which related to the taking
of certain censuses in the year 1955.
1957—Pub. L. 85–207 struck out sentence which included the United States and its territories and such
possessions as the Secretary might determine in the
censuses to be taken. See section 191 of this title.
CENSUS DATA ON WOMEN OWNED BUSINESSES; STUDY
AND REPORT
Pub. L. 100–533, title V, § 501, Oct. 25, 1988, 102 Stat.
2697, provided that:
‘‘(a) BUREAU OF LABOR STATISTICS.—The Bureau of
Labor Statistics of the Department of Labor shall include in any census report it may prepare on women
owned business data on—
‘‘(1) sole proprietorships;
‘‘(2) partnerships; and
‘‘(3) corporations.
‘‘(b) BUREAU OF THE CENSUS.—The Bureau of the Census of the Department of Commerce shall include in its
Business Census for 1992 and each such succeeding census data on the number of corporations which are 51 per
centum or more owned by women.
‘‘(c) COMBINED STUDY.—Not later than one hundred
and eighty days after the effective date of this section
[Oct. 25, 1988], the Office of the Chief Counsel for Advocacy of the Small Business Administration (hereinafter
referred to in this subsection as the ‘Office’) shall conduct a study and prepare a report recommending the
most cost effective and accurate means to gather and
present the data required to be collected pursuant to
subsections (a) and (b). The Department of Commerce
and the Department of Labor shall provide the Office
such assistance and cooperation as may be necessary
and appropriate to achieve the purposes of this subsection.’’

§ 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,
U.S.C., 1952 ed., except the first sentence. That sentence is incorporated with other provisions in chapter
1 of this title. See Distribution Table.
The reference ‘‘Secretary or Department of Commerce’’ was substituted for reference to the Bureau of

Page 18

the Census to conform with 1950 Reorganization Plan
No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263.
See Revision Note to section 4 of this title.
Changes were made in phraseology.

SUBCHAPTER II—POPULATION, HOUSING,
AND UNEMPLOYMENT
AMENDMENTS
1997—Pub. L. 105–113, § 3(b)(1), Nov. 21, 1997, 111 Stat.
2275, substituted ‘‘POPULATION, HOUSING, AND UNEMPLOYMENT’’ for ‘‘POPULATION, HOUSING, AGRICULTURE, IRRIGATION,, AND UNEMPLOYMENT’’.
1986—Pub. L. 99–544, § 1(b), Oct. 27, 1986, 100 Stat. 3046,
struck out ‘‘DRAINAGE’’ after ‘‘IRRIGATION,’’.

§ 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.

Page 19

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TITLE 13—CENSUS

(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 middecade 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 middecade census conducted under subsection (a) or
(d) of this section, the Secretary shall submit to
the committees of Congress having legislative
jurisdiction over the census—
(1) not later than 3 years before the appropriate census date, a report containing the
Secretary’s determination of the subjects proposed to be included, and the types of information to be compiled, in such census;
(2) not later than 2 years before the appropriate census date, a report containing the
Secretary’s determination of the questions
proposed to be included in such census; and
(3) after submission of a report under paragraph (1) or (2) of this subsection and before
the appropriate census date, if the Secretary
finds new circumstances exist which necessitate that the subjects, types of information,
or questions contained in reports so submitted
be modified, a report containing the Secretary’s determination of the subjects, types
of information, or questions as proposed to be
modified.
(g) As used in this section, ‘‘census of population’’ means a census of population, housing,
and matters relating to population and housing.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1019; Pub. L.
85–207, § 9, Aug. 28, 1957, 71 Stat. 483; Pub. L.
94–171, §§ 1, 2(a), Dec. 23, 1975, 89 Stat. 1023, 1024;
Pub. L. 94–521, § 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 Di-

rector of the Census, to conform with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1263. See Revision Note to section 4 of this title.
The provision for taking the censuses in ‘‘1930 and
every ten years thereafter’’ was changed to ‘‘1960 and
every ten years thereafter’’ since the censuses for the
years 1930, 1940 and 1950 have been completed.
The requirement that decennial censuses of ‘‘distribution’’ and ‘‘mines’’ should also be taken was omitted as superseded by section 121 of title 13, U.S.C., 1952
ed. (enacted in 1948), the provisions of which were carried into subchapter I of this chapter.
Section 1442 of title 42, U.S.C., 1952 ed., the Public
Health and Welfare (which section has been transferred
in its entirety to this revised title), made all provisions
of chapter 4 of title 13, U.S.C., 1952 ed., applicable to the
housing censuses provided for in such section. However,
section 201 of such title 13 (which section was a part of
such chapter 4), which, as indicated above, has been
carried into this revised section, could not, except, possibly, for the provisions thereof relating to the territorial scope of the censuses and to the census duties of
the governors of Guam, Samoa, the Virgin Islands, and
the Canal Zone, have any relevancy to such housing
censuses, and such section 1442 of title 42, U.S.C., 1952
ed., contained its own provisions relating to territorial
scope of the housing censuses. Therefore the provisions
of this revised section have not been made so applicable.
Changes were made in phraseology.
AMENDMENTS
1976—Pub. L. 94–521 substituted ‘‘Population and
other census information’’ for ‘‘Population, unemployment, and housing’’ in section catchline, without reference to amendment of catchline by Pub. L. 94–171.
Subsec. (a). Pub. L. 94–521 substituted ‘‘1980’’ for
‘‘1960’’ and ‘‘decennial census of population’’ for ‘‘census of population, unemployment, and housing (including utilities and equipment)’’, inserted ‘‘of such year’’
after ‘‘April’’, substituted ‘‘which date shall be known
as the decennial census date’’ for ‘‘which shall be
known as the census date’’, and inserted provisions authorizing the Secretary to take the decennial census in
whatever form and content he determines, using sampling procedures and special surveys, and authorizing
him to obtain other such census information as is necessary, in connection with the decennial census.
Subsec. (b). Pub. L. 94–521 inserted ‘‘under subsection
(a) of this section’’ after ‘‘population by States’’, inserted ‘‘in Congress among the several States’’ after
‘‘Representatives’’, and substituted ‘‘9 months after the
census date’’ for ‘‘eight months of the census date’’.
Subsec. (c). Pub. L. 94–521 substituted ‘‘the decennial
census date’’ for ‘‘the census date’’ wherever appearing.
Subsecs. (d) to (g). Pub. L. 94–521 added subsecs. (d) to
(g).
1975—Pub. L. 94–171, § 2(a), inserted ‘‘; tabulation for
legislative apportionment’’ in section catchline.
Subsec. (c). Pub. L. 94–171, § 1, added subsec. (c).
1957—Pub. L. 85–207 substituted ‘‘Population, unemployment, and housing’’ for ‘‘Population, agriculture,
irrigation, drainage, and unemployment; territory excluded’’ in section catchline; inserted in text housing
census provisions, struck out census coverage of agriculture, irrigation, and drainage and geographical provisions, and designated existing provisions as so
amended as subsec. (a); and added subsec. (b). Census of
agriculture, irrigation, and drainage and the geographical provisions are covered by sections 142 and 191 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–521 effective Oct. 17, 1976,
see section 17 of Pub. L. 94–521, set out as a note under
section 1 of this title.
STATISTICAL SAMPLING OR ADJUSTMENT IN DECENNIAL
ENUMERATION OF POPULATION
Pub. L. 105–119, title II, § 209, Nov. 26, 1997, 111 Stat.
2480, provided that:

§ 141

TITLE 13—CENSUS

‘‘(a) Congress finds that—
‘‘(1) it is the constitutional duty of the Congress to
ensure that the decennial enumeration of the population is conducted in a manner consistent with the
Constitution and laws of the United States;
‘‘(2) the sole constitutional purpose of the decennial
enumeration of the population is the apportionment
of Representatives in Congress among the several
States;
‘‘(3) section 2 of the 14th article of amendment to
the Constitution clearly states that Representatives
are to be ‘apportioned among the several States according to their respective numbers, counting the
whole number of persons in each State’;
‘‘(4) article I, section 2, clause 3 of the Constitution
clearly requires an ‘actual Enumeration’ of the population, and section 195 of title 13, United States Code,
clearly provides ‘Except for the determination of population for purposes of apportionment of Representatives in Congress among the several States, the Secretary shall, if he considers it feasible, authorize the
use of the statistical method known as ‘‘sampling’’ in
carrying out the provisions of this title.’;
‘‘(5) the decennial enumeration of the population is
one of the most critical constitutional functions our
Federal Government performs;
‘‘(6) it is essential that the decennial enumeration
of the population be as accurate as possible, consistent with the Constitution and laws of the United
States;
‘‘(7) the use of statistical sampling or statistical adjustment in conjunction with an actual enumeration
to carry out the census with respect to any segment
of the population poses the risk of an inaccurate, invalid, and unconstitutional census;
‘‘(8) the decennial enumeration of the population is
a complex and vast undertaking, and if such enumeration is conducted in a manner that does not
comply with the requirements of the Constitution or
laws of the United States, it would be impracticable
for the States to obtain, and the courts of the United
States to provide, meaningful relief after such enumeration has been conducted; and
‘‘(9) Congress is committed to providing the level of
funding that is required to perform the entire range
of constitutional census activities, with a particular
emphasis on accurately enumerating all individuals
who have historically been undercounted, and toward
this end, Congress expects—
‘‘(A) aggressive and innovative promotion and
outreach campaigns in hard-to-count communities;
‘‘(B) the hiring of enumerators from within those
communities;
‘‘(C) continued cooperation with local government on address list development; and
‘‘(D) maximized census employment opportunities
for individuals seeking to make the transition from
welfare to work.
‘‘(b) Any person aggrieved by the use of any statistical method in violation of the Constitution or any
provision of law (other than this Act [see Tables for
classification]), in connection with the 2000 or any later
decennial census, to determine the population for purposes of the apportionment or redistricting of Members
in Congress, may in a civil action obtain declaratory,
injunctive, and any other appropriate relief against the
use of such method.
‘‘(c) For purposes of this section—
‘‘(1) the use of any statistical method as part of a
dress rehearsal or other simulation of a census in
preparation for the use of such method, in a decennial
census, to determine the population for purposes of
the apportionment or redistricting of Members in
Congress shall be considered the use of such method
in connection with that census; and
‘‘(2) the report ordered by title VIII of Public Law
105–18 [111 Stat. 217] and the Census 2000 Operational
Plan shall be deemed to constitute final agency action regarding the use of statistical methods in the
2000 decennial census, thus making the question of

Page 20

their use in such census sufficiently concrete and
final to now be reviewable in a judicial proceeding.
‘‘(d) For purposes of this section, an aggrieved person
(described in subsection (b)) includes—
‘‘(1) any resident of a State whose congressional
representation or district could be changed as a result of the use of a statistical method challenged in
the civil action;
‘‘(2) any Representative or Senator in Congress; and
‘‘(3) either House of Congress.
‘‘(e)(1) Any action brought under this section shall be
heard and determined by a district court of three
judges in accordance with section 2284 of title 28,
United States Code. The chief judge of the United
States court of appeals for each circuit shall, to the extent practicable and consistent with the avoidance of
unnecessary delay, consolidate, for all purposes, in one
district court within that circuit, all actions pending in
that circuit under this section. Any party to an action
under this section shall be precluded from seeking any
consolidation of that action other than is provided in
this paragraph. In selecting the district court in which
to consolidate such actions, the chief judge shall consider the convenience of the parties and witnesses and
efficient conduct of such actions. Any final order or injunction of a United States district court that is issued
pursuant to an action brought under this section shall
be reviewable by appeal directly to the Supreme Court
of the United States. Any such appeal shall be taken by
a notice of appeal filed within 10 days after such order
is entered; and the jurisdictional statement shall be
filed within 30 days after such order is entered. No stay
of an order issued pursuant to an action brought under
this section may be issued by a single Justice of the
Supreme Court.
‘‘(2) It shall be the duty of a United States district
court hearing an action brought under this section and
the Supreme Court of the United States to advance on
the docket and to expedite to the greatest possible extent the disposition of any such matter.
‘‘(f) Any agency or entity within the executive
branch having authority with respect to the carrying
out of a decennial census may in a civil action obtain
a declaratory judgment respecting whether or not the
use of a statistical method, in connection with such
census, to determine the population for the purposes of
the apportionment or redistricting of Members in Congress is forbidden by the Constitution and laws of the
United States.
‘‘(g) The Speaker of the House of Representatives or
the Speaker’s designee or designees may commence or
join in a civil action, for and on behalf of the House of
Representatives, under any applicable law, to prevent
the use of any statistical method, in connection with
the decennial census, to determine the population for
purposes of the apportionment or redistricting of Members in Congress. It shall be the duty of the Office of
the General Counsel of the House of Representatives to
represent the House in such civil action, according to
the directions of the Speaker. The Office of the General
Counsel of the House of Representatives may employ
the services of outside counsel and other experts for
this purpose.
‘‘(h) For purposes of this section and section 210 [set
out below]—
‘‘(1) the term ‘statistical method’ means an activity
related to the design, planning, testing, or implementation of the use of representative sampling, or any
other statistical procedure, including statistical adjustment, to add or subtract counts to or from the
enumeration of the population as a result of statistical inference; and
‘‘(2) the term ‘census’ or ‘decennial census’ means a
decennial enumeration of the population.
‘‘(i) Nothing in this Act shall be construed to authorize the use of any statistical method, in connection
with a decennial census, for the apportionment or redistricting of Members in Congress.
‘‘(j) Sufficient funds appropriated under this Act or
under any other Act for purposes of the 2000 decennial

Page 21

TITLE 13—CENSUS

census shall be used by the Bureau of the Census to
plan, test, and become prepared to implement a 2000 decennial census, without using statistical methods,
which shall result in the percentage of the total population actually enumerated being as close to 100 percent as possible. In both the 2000 decennial census, and
any dress rehearsal or other simulation made in preparation for the 2000 decennial census, the number of persons enumerated without using statistical methods
must be publicly available for all levels of census geography which are being released by the Bureau of the
Census for: (1) all data releases before January 1, 2001;
(2) the data contained in the 2000 decennial census Public Law 94–171 [amending this section] data file released
for use in redistricting; (3) the Summary Tabulation
File One (STF–1) for the 2000 decennial census; and (4)
the official populations of the States transmitted from
the Secretary of Commerce through the President to
the Clerk of the House used to reapportion the districts
of the House among the States as a result of the 2000
decennial census. Simultaneously with any other release or reporting of any of the information described
in the preceding sentence through other means, such
information shall be made available to the public on
the Internet. These files of the Bureau of the Census
shall be available concurrently to the release of the
original files to the same recipients, on identical
media, and at a comparable price. They shall contain
the number of persons enumerated without using statistical methods and any additions or subtractions
thereto. These files shall be based on data gathered and
generated by the Bureau of the Census in its official capacity.
‘‘(k) This section shall apply in fiscal year 1998 and
succeeding fiscal years.’’
CENSUS MONITORING BOARD
Pub. L. 105–119, title II, § 210(a)–(j), Nov. 26, 1997, 111
Stat. 2483–2487, provided that:
‘‘(a) There shall be established a board to be known
as the Census Monitoring Board (hereafter in this section referred to as the ‘Board’).
‘‘(b) The function of the Board shall be to observe and
monitor all aspects of the preparation and implementation of the 2000 decennial census (including all dress rehearsals and other simulations of a census in preparation therefor).
‘‘(c)(1) The Board shall be composed of 8 members as
follows:
‘‘(A) Two individuals appointed by the majority
leader of the Senate.
‘‘(B) Two individuals appointed by the Speaker of
the House of Representatives.
‘‘(C) Four individuals appointed by the President, of
whom—
‘‘(i) one shall be on the recommendation of the
minority leader of the Senate; and
‘‘(ii) one shall be on the recommendation of the
minority leader of the House of Representatives.
All members of the Board shall be appointed within 60
days after the date of enactment of this Act [Nov. 26,
1997]. A vacancy in the Board shall be filled in the manner in which the original appointment was made.
‘‘(2) Members shall not be entitled to any pay by reason of their service on the Board, but shall receive
travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
‘‘(3) The Board shall have—
‘‘(A) a co-chairman who shall be appointed jointly
by the members under subsection (c)(1)(A) and (B),
and
‘‘(B) a co-chairman who shall be appointed jointly
by the members under subsection (c)(1)(C).
‘‘(4) The Board shall meet at the call of either cochairman.
‘‘(5) A quorum shall consist of five members of the
Board.
‘‘(6) The Board may promulgate any regulations necessary to carry out its duties.

§ 141

‘‘(d)(1) The Board shall have—
‘‘(A) an executive director who shall be appointed
jointly by the members under subsection (c)(1)(A) and
(B), and
‘‘(B) an executive director who shall be appointed
jointly by the members under subsection (c)(1)(C),
each of whom shall be paid at a rate not to exceed level
IV of the Executive Schedule.
‘‘(2) Subject to such rules as the Board may prescribe,
each executive director—
‘‘(A) may appoint and fix the pay of such additional
personnel as that executive director considers appropriate; and
‘‘(B) may procure temporary and intermittent services under section 3109(b) of title 5, United States
Code, but at rates for individuals not to exceed the
daily equivalent of the maximum annual rate of pay
payable for grade GS–15 of the General Schedule.
Such rules shall include provisions to ensure an equitable division or sharing of resources, as appropriate,
between the respective staff of the Board.
‘‘(3) The staff of the Board shall be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay
rates).
‘‘(4) The Administrator of the General Services Administration, in coordination with the Secretary of
Commerce, shall locate suitable office space for the operation of the Board in the W. Edwards Deming Building in Suitland, Maryland. The facilities shall serve as
the headquarters of the Board and shall include all necessary equipment and incidentals required for the proper functioning of the Board.
‘‘(e)(1) For the purpose of carrying out its duties, the
Board may hold such hearings (at the call of either cochairman) and undertake such other activities as the
Board determines to be necessary to carry out its duties.
‘‘(2) The Board may authorize any member of the
Board or of its staff to take any action which the Board
is authorized to take by this subsection.
‘‘(3)(A) Each co-chairman of the Board and any members of the staff who may be designated by the Board
under this paragraph shall be granted access to any
data, files, information, or other matters maintained
by the Bureau of the Census (or received by it in the
course of conducting a decennial census of population)
which they may request, subject to such regulations as
the Board may prescribe in consultation with the Secretary of Commerce.
‘‘(B) The Board or the co-chairmen acting jointly
may secure directly from any other Federal agency, including the White House, all information that the
Board considers necessary to enable the Board to carry
out its duties. Upon request of the Board or both cochairmen, the head of that agency (or other person
duly designated for purposes of this paragraph) shall
furnish that information to the Board.
‘‘(4) The Board shall prescribe regulations under
which any member of the Board or of its staff, and any
person whose services are procured under subsection
(d)(2)(B), who gains access to any information or other
matter pursuant to this subsection shall, to the extent
that any provisions of section 9 or 214 of title 13, United
States Code, would apply with respect to such matter
in the case of an employee of the Department of Commerce, be subject to such provisions.
‘‘(5) Upon the request of the Board, the head of any
Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the
Board to assist the Board in carrying out its duties.
Any such detail shall not interrupt or otherwise affect
the civil service status or privileges of the Federal employee.
‘‘(6) Upon the request of the Board, the head of a Federal agency shall provide such technical assistance to
the Board as the Board determines to be necessary to
carry out its duties.

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TITLE 13—CENSUS

‘‘(7) The Board may use the United States mails in
the same manner and under the same conditions as
Federal agencies and shall, for purposes of the frank, be
considered a commission of Congress as described in
section 3215 of title 39, United States Code.
‘‘(8) Upon request of the Board, the Administrator of
General Services shall provide to the Board on a reimbursable basis such administrative support services as
the Board may request.
‘‘(9) For purposes of costs relating to printing and
binding, including the cost of personnel detailed from
the Government Printing Office, the Board shall be
deemed to be a committee of the Congress.
‘‘(f)(1) The Board shall transmit to the Congress—
‘‘(A) interim reports, with the first such report due
by April 1, 1998;
‘‘(B) additional reports, the first of which shall be
due by February 1, 1999, the second of which shall be
due by April 1, 1999, and subsequent reports at least
semiannually thereafter;
‘‘(C) a final report which shall be due by September
1, 2001; and
‘‘(D) any other reports which the Board considers
appropriate.
The final report shall contain a detailed statement of
the findings and conclusions of the Board with respect
to the matters described in subsection (b).
‘‘(2) In addition to any matter otherwise required
under this subsection, each such report shall address,
with respect to the period covered by such report—
‘‘(A) the degree to which efforts of the Bureau of
the Census to prepare to conduct the 2000 census—
‘‘(i) shall achieve maximum possible accuracy at
every level of geography;
‘‘(ii) shall be taken by means of an enumeration
process designed to count every individual possible;
and
‘‘(iii) shall be free from political bias and arbitrary decisions; and
‘‘(B) efforts by the Bureau of the Census intended to
contribute to enumeration improvement, specifically,
in connection with—
‘‘(i) computer modernization and the appropriate
use of automation;
‘‘(ii) address list development;
‘‘(iii) outreach and promotion efforts at all levels
designed to maximize response rates, especially
among groups that have historically been undercounted (including measures undertaken in conjunction with local government and community
and other groups);
‘‘(iv) establishment and operation of field offices;
and
‘‘(v) efforts relating to the recruitment, hiring,
and training of enumerators.
‘‘(3) Any data or other information obtained by the
Board under this section shall be made available to any
committee or subcommittee of Congress of appropriate
jurisdiction upon request of the chairman or ranking
minority member of such committee or subcommittee.
No such committee or subcommittee, or member thereof, shall disclose any information obtained under this
paragraph which is submitted to it on a confidential
basis unless the full committee determines that the
withholding of that information is contrary to the national interest.
‘‘(4) The Board shall study and submit to Congress, as
part of its first report under paragraph (1)(A), its findings and recommendations as to the feasibility and desirability of using postal personnel or private contractors to help carry out the decennial census.
‘‘(g) There is authorized to be appropriated $4,000,000
for each of fiscal years 1998 through 2001 to carry out
this section.
‘‘(h) To the extent practicable, members of the Board
shall work to promote the most accurate and complete
census possible by using their positions to publicize the
need for full and timely responses to census questionnaires.
‘‘(i)(1) No individual described in paragraph (2) shall
be eligible—

Page 22

‘‘(A) to be appointed or to continue serving as a
member of the Board or as a member of the staff
thereof; or
‘‘(B) to enter into any contract with the Board.
‘‘(2) This subsection applies with respect to any individual who is serving or who has ever served—
‘‘(A) as the Director of the Census; or
‘‘(B) with any committee or subcommittee of either
House of Congress, having jurisdiction over any aspect of the decennial census, as—
‘‘(i) a Member of Congress; or
‘‘(ii) a congressional employee.
‘‘(j) The Board shall cease to exist on September 30,
2001.’’
CENSUS DATA ON GRANDPARENTS AS PRIMARY
CAREGIVERS FOR THEIR GRANDCHILDREN
Pub. L. 104–193, title I, § 105, Aug. 22, 1996, 110 Stat.
2163, provided that:
‘‘(a) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act [Aug. 22, 1996], the
Secretary of Commerce, in carrying out section 141 of
title 13, United States Code, shall expand the data collection efforts of the Bureau of the Census (in this section referred to as the ‘Bureau’) to enable the Bureau
to collect statistically significant data, in connection
with its decennial census and its mid-decade census,
concerning the growing trend of grandparents who are
the primary caregivers for their grandchildren.
‘‘(b) EXPANDED CENSUS QUESTION.—In carrying out
subsection (a), the Secretary of Commerce shall expand
the Bureau’s census question that details households
which include both grandparents and their grandchildren. The expanded question shall be formulated to
distinguish between the following households:
‘‘(1) A household in which a grandparent temporarily provides a home for a grandchild for a period
of weeks or months during periods of parental distress.
‘‘(2) A household in which a grandparent provides a
home for a grandchild and serves as the primary caregiver for the grandchild.’’
DECENNIAL CENSUS IMPROVEMENT ACT OF 1991
Pub. L. 102–135, Oct. 24, 1991, 105 Stat. 635, known as
the Decennial Census Improvement Act of 1991, provided that the Secretary of Commerce was to contract
with the National Academy of Sciences for a study of
the means by which the Government could achieve the
most accurate population count possible and ways for
the Government to collect other demographic and
housing data, and that the Academy was to submit to
the Secretary and to committees of Congress an interim report and, within 36 months after the date of the
contract, a final report on the study.
STUDY OF COUNTING OF HOMELESS FOR NATIONAL
CENSUS
Pub. L. 101–645, title IV, § 402, Nov. 29, 1990, 104 Stat.
4723, provided that not later than 1 year after Nov. 29,
1990, the General Accounting Office was to conduct a
study of the methodology and procedures used by the
Bureau of the Census in counting the number of homeless persons for the most recent decennial census conducted pursuant to this title, to determine the accuracy of such count, and report to the Congress the results of that study.
MONITORING ECONOMIC PROGRESS OF RURAL AMERICA
Pub. L. 101–624, title XXIII, § 2382, Nov. 28, 1990, 104
Stat. 4050, provided that Director of Bureau of the Census was to expand data collection efforts of Bureau to
enable it to collect statistically significant data concerning changing economic condition of rural counties
and communities in United States, including data on
rural employment, poverty, income, and other information concerning rural labor force, and authorized to be
appropriated $1,000,000 for each fiscal year for such ef-

Page 23

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TITLE 13—CENSUS

forts, prior to repeal by Pub. L. 104–127, 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. 94–311, § 4, June 16, 1976, 90 Stat. 688, provided
that: ‘‘The Department of Commerce, in cooperation
with appropriate Federal, State and local agencies and
various population study groups and experts, shall immediately undertake a study to determine what steps
would be necessary for developing creditable estimates
of undercounts of Americans of Spanish origin or descent in future censuses.’’
NEEDS AND CONCERNS OF SPANISH-ORIGIN POPULATION;
USE OF SPANISH LANGUAGE QUESTIONNAIRES AND BILINGUAL ENUMERATORS
Pub. L. 94–311, § 5, June 16, 1976, 90 Stat. 689, provided
that: ‘‘The Secretary of Commerce shall ensure that, in
the Bureau of the Census data-collection activities, the
needs and concerns of the Spanish-origin population
are given full recognition through the use of Spanish
language questionnaires, bilingual enumerators, and
other such methods as deemed appropriate by the Secretary.’’

[§ 142. Repealed. Pub. L. 105–113, § 3(a), Nov. 21,
1997, 111 Stat. 2275]
Section, acts Aug. 31, 1954, ch. 1158, 68 Stat. 1020; Aug.
28, 1957, Pub. L. 85–207, § 10, 71 Stat. 483; Mar. 15, 1976,
Pub. L. 94–229, § 1, 90 Stat. 210; Oct. 27, 1986, Pub. L.
99–544, § 1(a), 100 Stat. 3046, provided that Secretary of
Commerce take periodic censuses of agriculture and irrigation.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1021; Pub. L.
85–207, § 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, U.S.C., 1952 ed. For remainder of such section 251, see Distribution Table.
Reference to the year 1957 was substituted for reference to the year 1952, since the latter reference is
now obsolete.
Changes were made in phraseology.
AMENDMENTS
1957—Pub. L. 85–207 struck out ‘‘in the United States
and in such of its Territories and possessions as may be
determined by the Secretary’’ in last sentence. Geographical provisions now covered by section 191 of this
title.

[§ 162. Repealed. Pub. L. 85–207, § 13, Aug. 28,
1957, 71 Stat. 483]
Section, act Aug. 31, 1954, ch. 1158, 68 Stat. 1021, related to acquisition of reports and material from governmental units, private persons, and agencies. See section
6(b) of this title.

§ 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.)

EFFECTIVE DATE OF REPEAL

HISTORICAL AND REVISION NOTES

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

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, U.S.C., 1952 ed. Subsection (a) of
such section 251 is also incorporated in this subchapter,
and the remainder of such subsection (b) thereof is incorporated in subchapter I of chapter 1 of this title. See
Distribution Table.
Changes were made in phraseology.

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

[§§ 143 to 146. Repealed. Pub. L. 85–207, § 11, Aug.
28, 1957, 71 Stat. 483]
Sections, act Aug. 31, 1954, ch. 1158, 68 Stat. 1020, related to the following subject matter:
Section 143, decennial census period; completion of
reports upon inquiries. See section 141 of this title.
Section 144, restriction on inquiries. See sections
141(a) and 142 of this title.
Section 145, commencement of inquiries as to population, agriculture, and housing; time for completion.
See sections 141(a) and 142(a) of this title.
Section 146, mid-decade censuses of agriculture; exclusion of certain areas; preliminary statistics. See sections 142(a), 191, and 193 of this title.

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.

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 government for which data is compiled
in the most recent census of population taken
under section 141 of this title. Such data may be
produced by means of sampling or other methods, which the Secretary determines will
produce current, comprehensive, and reliable
data.
(b) If the Secretary is unable to produce and
publish current data during any fiscal year on
total population for any county and local unit of
general purpose government as required by this
section, a report shall be submitted by the Sec-

§ 182

TITLE 13—CENSUS

retary 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(a), Oct. 17, 1976, 90 Stat.
2462.)
CODIFICATION
A prior section 181, act Aug. 31, 1954, ch. 1158, 68 Stat.
1021, authorizing the Secretary to conduct surveys necessary to furnish current data on subjects covered by
the censuses under this title, was repealed by section
8(a) of Pub. L. 94–521. See section 182 of this title.
EFFECTIVE DATE
Section effective Oct. 17, 1976, see section 17 of Pub.
L. 94–521, set out as a note under section 1 of this title.

§ 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. 94–521, § 8(a), Oct. 17, 1976, 90 Stat.
2463.)
EFFECTIVE DATE
Section effective Oct. 17, 1976, see section 17 of Pub.
L. 94–521, set out as a note under section 1 of this title.

§ 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. 94–521, § 8(a), Oct. 17, 1976, 90 Stat.
2463.)
EFFECTIVE DATE
Section effective Oct. 17, 1976, see section 17 of Pub.
L. 94–521, set out as a note under section 1 of this title.

§ 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(a), Oct. 17, 1976, 90 Stat.
2463.)

Page 24
EFFECTIVE DATE

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

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. 85–207, § 14, Aug. 28, 1957, 71 Stat.
483; amended Pub. L. 94–521, § 9, Oct. 17, 1976, 90
Stat. 2463.)
AMENDMENTS
1976—Subsec. (a). Pub. L. 94–521 struck out ‘‘(other
than censuses of population)’’ after ‘‘this chapter’’ and
‘‘Alaska, Hawaii’’ after ‘‘the District of Columbia’’, inserted ‘‘the Commonwealth of the Northern Mariana Islands’’ after ‘‘Guam’’, and struck out provision that
censuses of population shall include all geographic
areas referred to in first sentence of subsec. (a).
Subsec. (b). Pub. L. 94–521 inserted ‘‘the Commonwealth of the Northern Mariana Islands’’ after
‘‘Guam’’, and substituted ‘‘use census information’’ for
‘‘utilize or adopt census data’’ and ‘‘if such information
was obtained’’ for ‘‘when such data are obtained’’.
Subsec. (c). Pub. L. 94–521 substituted ‘‘If, pursuant to
a determination by the Secretary under subsection (a)
of this section’’ for ‘‘When, under determination by the
Secretary as provided in paragraph (a) above’’.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–521 effective Oct. 17, 1976,
see section 17 of Pub. L. 94–521, set out as a note under
section 1 of this title.
ADMISSION OF ALASKA AND HAWAII TO STATEHOOD
Alaska was admitted into the Union on Jan. 3, 1959,
on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73
Stat. c16, and Hawaii was admitted into the Union on
Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959,
24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law,
see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as

Page 25

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TITLE 13—CENSUS

a note preceding section 21 of Title 48, Territories and
Insular Possessions. For Hawaii Statehood Law, see
Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note
preceding section 491 of Title 48.

§ 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

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

CHAPTER 7—OFFENSES AND PENALTIES
SUBCHAPTER I—OFFICERS AND EMPLOYEES

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 Pub. L. 94–521, § 10, Oct. 17, 1976, 90
Stat. 2464.)

Sec.

211.
212.
213.
214.

SUBCHAPTER II—OTHER PERSONS
221.

AMENDMENTS

222.

1976—Pub. L. 94–521 substituted ‘‘for purposes of apportionment of Representatives in Congress among the
several States, the Secretary shall, if he considers it
feasible’’ for ‘‘for apportionment purposes, the Secretary may, where he deems it appropriate’’.

223.
224.

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

225.

§ 196. Special censuses

241.

The Secretary may conduct special censuses
for the government of any State, or of any county, city, or other political subdivision within a
State, for the government of the District of Columbia, and for the government of any possession or area (including political subdivisions
thereof) referred to in section 191(a) of this title,
on subjects covered by the censuses provided for
in this title, upon payment to the Secretary of
the actual or estimated cost of each such special
census. The results of each such special census
shall be designated ‘‘Official Census Statistics’’.
These statistics may be used in the manner provided by applicable law.
(Added Pub. L. 94–521, § 11(a), Oct. 17, 1976, 90
Stat. 2464.)
EFFECTIVE DATE
Section effective Oct. 17, 1976, see section 17 of Pub.
L. 94–521, set out as a note under section 1 of this title.
SPECIAL CENSUS WHEN MAJOR POPULATION CHANGES
OCCUR DUE TO LARGE NUMBERS OF LEGAL IMMIGRANTS WITHIN SIX MONTHS OF REGULAR DECENNIAL
CENSUS DATE
Pub. L. 96–369, § 118, Oct. 1, 1980, 94 Stat. 1357, provided
that: ‘‘Notwithstanding any other provision of law,
when the President determines that a State, county, or
local unit of general purpose government is significantly affected by a major population change due to a

Receiving or securing compensation for appointment of employees.
Refusal or neglect of employees to perform
duties.
False statements, certificates, and information.
Wrongful disclosure of information.

Refusal or neglect to answer questions; false
answers.
Giving suggestions or information with intent to cause inaccurate enumeration of
population.
Refusal, by owners, proprietors, etc., to assist
census employees.
Failure to answer questions affecting companies, businesses, religious bodies, and other
organizations; false answers.
Applicability of penal provisions in certain
cases.
SUBCHAPTER III—PROCEDURE
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, U.S.C., 1952 ed., The Public
Health and Welfare (June 18, 1929, ch. 28, § 7, 46 Stat. 23;
June 19, 1948, ch. 502, § 2, 62 Stat. 479; July 15, 1949, ch.
338, title VI, § 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, § 2,
64 Stat. 784.)
Section consolidates section 207 of title 13, U.S.C.,
1952 ed., which was a part of chapter 4 of such title re-

§ 212

TITLE 13—CENSUS

lating to the censuses of population, agriculture, irrigation, etc. (subchapter II of chapter 5 of this revised
title), with those parts of sections 122 and 252 of such
title which made such section 207 applicable to the censuses of manufactures, the mineral industries, and
other businesses, and governments (subchapters I and
III of chapter 5 of this revised title), and with that part
of subsection (b) of section 1442 of title 42, U.S.C., 1952,
ed., which made such section 207 applicable to the censuses of housing (subchapter II of chapter 5 of this revised title). For remainder of sections 122 and 252 of
title 13, U.S.C., 1952 ed., and of section 1442 of title 42,
U.S.C., 1952 ed. (which section has been transferred in
its entirety to this revised title), see Distribution
Table.
This section, as revised, relates to appointments of
all officers and employees referred to in subchapter II
of chapter 1 of this title, which was the probable original legislative intent.
Reference in section 207 of title 13, U.S.C., 1952 ed., to
the offense, herein described, as a felony, and words in
such section, ‘‘and upon conviction thereof,’’ were
omitted from this revised section, the former, as covered by section 1 of title 18, U.S.C., 1952 ed., Crimes and
Criminal Procedure, classifying offenses, and the latter, as surplusage.
The reference ‘‘Department of Commerce or bureau
or agency thereof’’ was inserted in recognition of 1950
Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15
F.R. 3174, 64 Stat. 1263 (see Revision Note to section 4
of this title). However, the qualifying words, ‘‘referred
to in subchapter II of chapter 1 of this title,’’ limits the
provisions to appointment or employment of persons in
connection with the statistics and censuses provided
for in this title.
Changes were made in phraseology.

§ 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, U.S.C., 1952 ed., The Public
Health and Welfare (June 18, 1929, ch. 28, § 8, 46 Stat. 23;
June 19, 1948, ch. 502, § 2, 62 Stat. 479; June 19, 1949, ch.
338, title VI, § 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, § 2,
64 Stat. 784).
Section consolidates part of section 208 of title 13,
U.S.C., 1952 ed., which was a part of chapter 4 of such
title relating to the censuses of population, agriculture, etc., with those parts of sections 122 and 252 of
such title which made such section 208 applicable to the
censuses of manufacturers, the mineral industries and
other businesses, and governments, and with that part
of subsection (b) of section 1442 of title 42, U.S.C., 1952
ed., which made such section 208 applicable to the housing censuses. For remainder of sections 122, 208 and 252
of title 13, U.S.C., 1952 ed., and of section 1442 of title
42, U.S.C., 1952 ed., (which section has been transferred
in its entirety to this revised title), see Distribution
Table.
Section has been made applicable to all employees referred to in subchapter II of chapter 1 of this title, and
to duties enjoined on them by any provision of this
title, which was probably the original legislative intent.
The words ‘‘being an employee referred to in subchapter II of chapter 1 of this title’’ were substituted
for the enumeration in section 208 of title 13, U.S.C.,
1952 ed., of ‘‘supervisor, supervisor’s clerk, enumerator,

Page 26

interpreter, special agent, or other employee’’, since
such reference will cover those employees.
Reference in section 208 of title 13, U.S.C., 1952 ed., to
the offense, herein described as a misdemeanor, and
words therein ‘‘, and upon conviction thereof’’, were
omitted, the former, as superseded and covered by section 1 of title 18, U.S.C., 1952 ed., Crimes and Criminal
Procedure, classifying offenses, and the latter, as surplusage.
Changes were made in phraseology.

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

Page 27

§ 221

TITLE 13—CENSUS

Crimes and Criminal Procedure, classifying offenses;
and words ‘‘upon conviction thereof’’ and ‘‘upon conviction of’’ were omitted as surplusage.
Changes were made in phraseology and arrangement.

§ 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, or whoever, being or having been a
census liaison within the meaning of section 16
of this title, publishes or communicates any information, the disclosure of which is prohibited
under the provisions of section 9 of this title,
and which comes into his possession by reason of
his being employed (or otherwise providing services) under the provisions of this title, shall be
fined not more than $5,000 or imprisoned not
more than 5 years, or both.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L.
94–521, § 12(a), Oct. 17, 1976, 90 Stat. 2464; Pub. L.
103–430, § 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, U.S.C., 1952 ed., The Public
Health and Welfare (Aug. 7, 1916, ch. 274, § 3, 39 Stat. 437;
Apr. 2, 1924, ch. 80, § 3, 43 Stat. 31; June 18, 1929, ch. 28,
§§ 8, 21, 46 Stat. 23, 26; July 25, 1947, ch. 331, 61 Stat. 437;
June 19, 1948, ch. 502, § 2, 62 Stat. 479; July 15, 1949, ch.
338, title VI, § 607, 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, U.S.C., 1952 ed.,
which made such section 208 applicable to the decennial
censuses of housing (see subchapter II of chapter 5 of
this title).
Words ‘‘Secretary or other authorized officer or employee of the Department of Commerce or bureau or
agency thereof’’ were substituted for reference to the
Director of the Census. See Revision Note to section 9
of this title, into which other parts of sections 73, 83
and 208 of title 13, U.S.C., 1952 ed., have been carried.
The provision in section 208 of title 13, U.S.C., 1952
ed., designating the offense as a felony, was omitted as
covered by section 1 of title 18, U.S.C., 1952 ed., Crimes
and Criminal Procedure, and words in such section
‘‘upon conviction thereof’’ and ‘‘in the discretion of the
court’’, were omitted as surplusage.
Changes were made in phraseology.
AMENDMENTS
1994—Pub. L. 103–430 inserted ‘‘or whoever, being or
having been a census liaison within the meaning of section 16 of this title,’’.
1976—Pub. L. 94–521 provided that staff members
would be liable for wrongful communication of information under this section, inserted ‘‘or having sworn to
observe the limitations imposed by section 9 of this
title’’ after ‘‘oath of office’’, substituted a provision
predicating liability under this section upon disclosure
of information prohibited by section 9 of this title for
a former provision predicating such liability upon disclosure of information without the written authority of
the Secretary or other authorized officer or employee
of the Department of Commerce or bureau or agency

thereof, substituted ‘‘being employed (or otherwise providing services)’’ for ‘‘employment’’, increased maximum amount of fine under this section to $5,000 from
$1,000, and increased maximum prison term to 5 years
from 2 years.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–521 effective Oct. 17, 1976,
see section 17 of Pub. L. 94–521, set out as a note under
section 1 of this title.

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.
85–207, § 15, Aug. 28, 1957, 71 Stat. 484; Pub. L.
94–521, § 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, U.S.C., 1952 ed., The Public Health
and Welfare (June 18, 1929, ch. 28, § 9, 46 Stat. 23; June
19, 1948, ch. 502, § 2, 62 Stat. 479; July 15, 1949, ch. 338,
title VI, § 607, 63 Stat. 441).
Section consolidates the first paragraph of section 209
of title 13, U.S.C., 1952 ed., which section related to the
decennial censuses of population, agriculture, etc. (see
subchapter II of chapter 5 of this revised title), with
that part of section 122 of such title which made such
section 209 applicable to the quinquennial censuses of
manufactures, the mineral industries, and other businesses (see subchapter I of chapter 5 of this revised
title) and applicable to the surveys provided for by section 121(b) of such title (see subchapter IV of chapter 5
of this revised title), and that part of subsection (b) of
section 1442 of title 42, U.S.C., 1952 ed., which made such
section 209 applicable to the decennial censuses of
housing (see subchapter II of chapter 5 of this revised
title). For remainder of sections 122 and 209 of title 13,
U.S.C., 1952 ed., and of section 1442 of title 42, U.S.C.,
1952 ed. (which section has been transferred in its entirety to this revised title), see Distribution Table.
The language of section 209 of title 13, U.S.C., 1952 ed.,
providing that it should ‘‘be the duty’’ of all persons
over eighteen years of age, to answer correctly, to the
best of their knowledge, when requested, etc., was
omitted as unnecessary and redundant. The provisions,
as herein revised, define offenses and prescribe penalties for committing them, and are deemed sufficient
for the purpose of enforcement. However, some of the
language used in the omitted provisions was necessarily included in the description of the offense.

§ 222

TITLE 13—CENSUS

The designation of the first offense, herein described,
as a ‘‘misdemeanor’’, was omitted as covered by section
1 of title 18, U.S.C., 1952 ed., Crimes and Criminal Procedure, classifying crimes; and words ‘‘upon conviction
thereof’’ were omitted as surplusage.
References to the Secretary (of Commerce) and to
any ‘‘authorized officer or employee of the Department
of Commerce or bureau or agency thereof’’, etc., were
substituted for references to the Director of the Census
and to any ‘‘supervisor, enumerator, or special agent,
or other employee of the Census Office’’, to conform
with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24,
1950, 15 F.R. 3174, 64 Stat. 1263. See revision note to section 4 of this title.
Changes were made in phraseology.
AMENDMENTS
1976—Subsec. (a). Pub. L. 94–521, § 13(1), struck out
provision authorizing imprisonment for not more than
sixty days for refusing or willfully neglecting to answer
questions under this section.
Subsec. (b). Pub. L. 94–521, § 13(2), struck out provision
authorizing imprisonment for not more than one year
for willfully giving a false answer to a question under
this section.
Subsec. (c). Pub. L. 94–521, § 13(3), added subsec. (c).
1957—Subsec. (a). Pub. L. 85–207 substituted ‘‘I, II, IV,
and V’’ for ‘‘I, II, and IV’’.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–521 effective Oct. 17, 1976,
see section 17 of Pub. L. 94–521, set out as a note under
section 1 of this title.

§ 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.
85–207, § 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, U.S.C., 1952 ed., which was a part of chapter 4 of that title relating to censuses of population, agriculture, etc., with that part of section 122 of such
title which made such section 209 applicable to the interim surveys provided for by section 121(b) of such
title (see subchapter IV of chapter 5 of this revised
title). For remainder of such sections 122 and 209, see
Distribution Table.
Section 122 of title 13, U.S.C., 1952 ed., made section
209 of such title applicable to the quinquennial censuses
of manufactures, the mineral industries, and other
businesses provided for by section 121(a) thereof (subchapter I of chapter 5 of this revised title), and applicable, with certain qualifications and exceptions, to the
interim surveys, which section 121(b) thereof provided
for, not only with respect to those censuses but also the
censuses provided for in ‘‘other Acts’’ (chapter 5 of this
title). However, the particular provisions of such section 209 that have been carried into this revised section
related only to population enumerations, and this sec-

Page 28

tion has accordingly been restricted to the population
censuses authorized under subchapter II of chapter 5 of
this title, and to the interim surveys authorized under
subchapter IV of such chapter only in so far as they relate to population enumerations. The exceptions and
qualifications with respect to the application of this
section to such interim surveys are set out elsewhere in
this subchapter.
Reference to ‘‘any officer or employee’’ was substituted for ‘‘any supervisor, supervisor’s clerk, enumerator, interpreter, special agent, or other officer or
employee’’, as the latter enumeration of the types of
employees is unnecessary and redundant; and ‘‘Department of Commerce or bureau or agency thereof’’ was
substituted for ‘‘Census Office’’, to conform with 1950
Reorganization Plan No. 5, §§ 1, 2, effective May 24, 1950,
15 F.R. 3174, 64 Stat. 1263. See Revision Note to section
4 of this title.
Subsection (b) of section 1442 of title 42, U.S.C., 1952
ed., The Public Health and Welfare (which section has
been transferred in its entirety to this revised title),
made section 209 of title 13, U.S.C., 1952 ed., applicable
to the censuses of housing (subchapter II of chapter 5
of this revised title). However, the particular provisions
of such section 209 that have been carried into this revised section, could not, by their terms, be relevant to
housing censuses, hence no reference is made in this
section to such censuses.
Words in section 209 of title 13, U.S.C., 1952 ed., ‘‘either as to the number of persons resident in any district or community, or in any other respect’’, were
omitted from the revised section as unnecessary and
superfluous.
Reference to the offense described as a ‘‘misdemeanor’’ was omitted as covered by section 1 of title
18, U.S.C., Crimes and Criminal Procedure, classifying
offenses; and words ‘‘and upon conviction thereof’’ were
omitted as surplusage.
Changes were made in phraseology.
AMENDMENTS
1957—Pub. L. 85–207 substituted ‘‘II, IV, or V’’ for ‘‘II
or IV’’.

§ 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.
85–207, § 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, U.S.C., 1952 ed., The Public Health

Page 29

§ 224

TITLE 13—CENSUS

and Welfare (June 18, 1929, ch. 28, § 9, 46 Stat. 23; June
19, 1948, ch. 502, § 2, 62 Stat. 479; July 15, 1949, ch. 338.
title VI, § 607, 63 Stat. 441).
Section consolidates the third paragraph of section
209 of title 13, U.S.C., 1952 ed., which was a part of chapter 4 of that title relating to censuses of population, agriculture, etc. (subchapter II of chapter 5 of this revised
title), with that part of section 122 of such title which
made such section 209 applicable to the quinquennial
censuses of manufactures, the mineral industries, and
other businesses provided for by section 121(a) of such
title (subchapter I of chapter 5 of this revised title)
and, with certain qualifications and exceptions, applicable to the interim surveys provided for by section
121(b) of such title (subchapter IV of chapter 5 of this
revised title), and with that part of subsection (b) of
section 1442 of title 42, U.S.C., 1952 ed., which made such
section 209 applicable to the decennial censuses of
housing (subchapter II of chapter 5 of this revised
title). For remainder of sections 122 and 209 of this revised title, and of section 1442 of title 42, U.S.C., 1952 ed.
(which section has been transferred in its entirety to
this revised title), see Distribution Table.
Section 122 of title 13, U.S.C., 1952 ed., made section
209 of such title applicable to the interim surveys (provided for by section 121(b) thereof) not only with respect to the censuses of manufacturers, the mineral industries, and other businesses provided for by section
121(a) thereof, but also with respect to the censuses
provided for by ‘‘other Acts’’ (chapter 5 of this title).
However, section 252 of that title, which was a part of
a chapter thereof relating to the quinquennial censuses
of governments (subchapter III of chapter 5 of this revised title), in making certain sections of chapter 4
thereof applicable to such censuses, did not specify
such section 209. Therefore, this revised section is not
made so applicable, either to the censuses of governments provided for in subchapter III of chapter 5 of this
title, or to surveys provided for in subchapter IV thereof in so far as such surveys relate to governments.
The language of section 209 of title 13, U.S.C., 1952 ed.,
providing that it should ‘‘be the duty’’ of every owner,
proprietor, etc., to furnish the described information or
assistance was omitted as unnecessary and redundant.
The provisions, as herein revised, define an offense and
prescribe a penalty for committing it, and are deemed
sufficient for the purpose of enforcement. However,
some of the language used in the omitted provisions
was necessarily included in the description of the offense.
References to the Secretary (of Commerce) and to
‘‘any other officer or employee of the Department of
Commerce or bureau or agency thereof’’ were substituted for references to the Director of the Census
and the Census Office, to conform with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1263. See Revision Note to section 4 of this title.
The enumeration of the different types of employees,
in section 209 of title 13, U.S.C., 1952 ed., ‘‘supervisor,
enumerator,’’, etc., was omitted as unnecessary and
covered by the reference in this revised section to ‘‘officer or employee’’.
Reference in section 209 of title 13, U.S.C., 1952 ed., to
the described offense as a ‘‘misdemeanor’’ was omitted
as covered by section 1 of title 18, U.S.C., 1952 ed.,
Crimes and Criminal Procedure, classifying offenses,
and words in such section ‘‘and upon conviction thereof’’ were omitted as surplusage.
Changes were made in phraseology.
The qualifications and exceptions contained in that
part of section 122 of title 13, U.S.C., 1952 ed., which
made section 209 of such title applicable to the surveys
provided for in section 121(b) thereof (subchapter IV of
chapter 5 of this revised title), are set out elsewhere in
this subchapter.
AMENDMENTS
1957—Pub. L. 85–207 inserted ‘‘or V’’ after ‘‘subchapter
IV’’.

§ 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.
85–207, § 18, Aug. 28, 1957, 71 Stat. 484; Pub. L.
94–521, § 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, U.S.C., 1952 ed., The Public
Health and Welfare (Aug. 7, 1916, ch. 274, § 4, 39 Stat. 437;
Apr. 2, 1924, ch. 80, § 4, 43 Stat. 32; June 18, 1929, ch. 28,
§§ 10, 21, 46 Stat. 24, 26; June 14, 1938, ch. 358, 52 Stat. 678;
July 25, 1947, ch. 331, 61 Stat. 457; June 19, 1948, ch. 502,
§ 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI, § 607, 63
Stat. 441).
Section consolidates parts of sections 74 and 84 of
title 13, U.S.C., 1952 ed., relating to cotton statistics
and statistics on oilseeds, nuts and kernels, fats, oils
and greases (subchapters I and II of chapter 3 of this revised title), all of section 210 of such title, which section was a part of chapter 4 thereof relating to the decennial censuses of population, agriculture, etc. (subchapter II of chapter 5, of this revised title), with that
part of section 122 of such title which made such section 210 applicable to the quinquennial censuses of
manufactures, the mineral industries, and other businesses provided for in section 121(a) of such title (subchapter I of chapter 5 of this revised title), and, with
certain qualifications and exceptions, applicable to the
interim surveys provided for by section 121(b) of such
title (subchapter IV of chapter 5 of this revised title),
and that part of subsection (b) of section 1442 of title 42,
U.S.C., 1952 ed., which made such section 210 applicable
to the decennial censuses of housing (subchapter II of
chapter 5 of this revised title). For remainder of sections 74, 84 and 122 of title 13, U.S.C., 1952 ed., and of
section 1442 of title 42, U.S.C., 1952 ed. (which section
has been transferred in its entirety to this revised
title), see Distribution Table.
Section 210 of title 13, U.S.C., 1952 ed., by its own
terms was applicable to the collection of miscellaneous
statistics provided for by section 111 of such title (subchapter III of chapter 3 of this revised title), except
that such section 111 placed certain restrictions upon
the collection of statistics on religion. These restrictions, along with those of section 122 of such title with
respect to the making of surveys, and along with provisions excepting this section from application to the
censuses of governments provided for by section 251 of
title 13, U.S.C., 1952 ed. (subchapter III of chapter 5 of
this revised title), are set out as another section in this
revised title. Subject to those exceptions and restrictions, this section applies to all collections and censuses provided for in this title, in so far as it is relevant.

§ 225

TITLE 13—CENSUS

Sections 74, 84 and 210 of title 13, U.S.C., 1952 ed., described the same type of offenses, but the penal provisions varied. Section 74 prescribed maximum fine of
$1,000 and maximum imprisonment of one year, for refusal to answer or giving a false answer; section 84 prescribed maximum fine of $1,000 for refusal to answer or
giving false answer, with no imprisonment; and section
210 prescribed maximum fine of $500 and maximum imprisonment of sixty days for refusal to answer, and
maximum fine of $10,000 and maximum imprisonment
of one year for giving a false answer. In addition, such
section 74 prescribed a minimum fine of $300 for refusal
to answer or giving a false answer. This revised section
adopts the penalties of such section 210, which was the
latest enactment on the subject, and which might have
been regarded as having superseded the penal provisions of such sections 74 and 84. According to its own
terms, its penal provisions were applicable not only to
the censuses of population, agriculture, etc., provided
for in chapter 4 of title 13, U.S.C., 1952 ed., but also to
any schedules prepared under the act of March 6, 1902
(sections 1–6, 77, 101, 111, and 112 of such title), or under
acts amendatory thereof ‘‘or supplemental thereto.’’
This reference did not cover sections 74 and 84 specifically, but such sections, enacted in 1924 and 1916, respectively, could probably be regarded as having been
‘‘supplemental’’ to the 1902 act. In any event, this revised section establishes uniform penalties for refusal
to answer, or giving a false answer in the circumstances stated. Further, the prescribed penalties are
the maximum, and any lesser penalty can be imposed if
the facts of the case warrant it.
Reference to the ‘‘Secretary [of Commerce] or other
authorized officer or employee of the Department of
Commerce or bureau or agency thereof’’ was substituted for references to the Director of the Census
and employees of the Bureau of the Census, to conform
with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24,
1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to
section 4 of this title.
References to the offenses as being in each case a
‘‘misdemeanor’’ were omitted as covered by section 1 of
title 18, U.S.C., 1952 ed., Crimes and Criminal Procedure, classifying crimes; and words ‘‘upon conviction
thereof’’ and ‘‘at the discretion of the court’’ were
omitted as surplusage.
The provision permitting the requests to be made by
registered mail, by telegraph, by visiting representative, or by one or more of these methods, was contained
in sections 74 and 84 of title 13, U.S.C., 1952 ed., but not
in section 210 of such title. It is retained in this section
as probably a desirable provision to apply generally.
Provisions in sections 74, 84 and 210 of title 13, U.S.C.,
1952 ed., that it ‘‘shall be the duty’’ of the persons referred to, to answer correctly, etc., were omitted as unnecessary and redundant. This section defines offenses
and prescribes penalties for committing them, and are
deemed sufficient for the purpose of enforcement. However, some of the language used in the omitted provisions was necessarily included in the description of the
offenses.
Changes were made in phraseology.
AMENDMENTS
1976—Pub. L. 94–521 struck out provision enumerating
methods by which the Department of Commerce may
transmit a request to answer census questions under
this section, substituted ‘‘schedule or questionnaire’’
for ‘‘schedule’’, struck out provision authorizing a
sixty day maximum prison term for neglecting or refusing to answer census questions submitted under this
section and a similar provision authorizing a one year
maximum prison term for willfully giving a false answer to any such questions.
1957—Pub. L. 85–207 inserted ‘‘by certified mail,’’ after
‘‘by registered mail,’’.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–521 effective Oct. 17, 1976,
see section 17 of Pub. L. 94–521, set out as a note under
section 1 of this title.

Page 30

§ 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
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.
94–521, § 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; 1939 Reorg.
Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat.
1431; 1940 Reorg. Plan No. III, § 3, eff. June 30, 1940, 5
F.R. 2107, 54 Stat. 1232; June 25, 1947, ch. 124, 61 Stat.
163; June 19, 1948, ch. 502, § 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

Page 31

§ 301

TITLE 13—CENSUS

so consolidated. For remainder of such sections 111 and
122, see Distribution Table.
Subsections (a) and (b) of this revised section are
from section 122 of title 13, U.S.C., 1952 ed., and in subsection (a) references to the Secretary (of Commerce)
and to ‘‘other authorized officer or employee of the Department of Commerce or bureau or agency thereof’’
were substituted for references to the Director of the
Census to conform with 1950 Reorganization Plan No. 5,
§§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See
Revision Note to section 4 of this title.
Subsection (c) is partly new (but preserves existing
law), and partly from section 122 of title 13, U.S.C., 1952
ed. Section 252 of title 13, U.S.C., 1952 ed., which related
to the censuses of governments provided by section 251
thereof (see subchapter III of chapter 5 of this title),
made certain sections in chapter 4 of that title relating
to censuses of population, agriculture, etc., applicable
to such censuses of governments. However, it did not
list sections 209 and 210 of such title among the sections made so applicable, probably because they would
hardly be relevant and capable of application to such
censuses. Subsection (c) makes it clear that sections
221–224 of this revised title, into which were carried the
provisions of such sections 209 and 210, and which speak
in general terms, are not applicable to the censuses and
surveys of governments.
Subsection (d) is from section 111 of title 13, U.S.C.,
1952 ed. Words in this subsection, ‘‘a refusal, in such
circumstances, to furnish such information shall not be
an offense under this chapter’’, read ‘‘such information
shall not be required’’. It was felt that such exception
in such section 111 was actually more in the nature of
an exception to the penal provisions, and it has been so
treated in this revised title. The collection of statistics
on religion are provided for in section 102 of this title.
AMENDMENTS
1976—Subsec. (a)(1). Pub. L. 94–521, § 15(a)(1), inserted
‘‘and questionnaires’’ after ‘‘schedules’’.
Subsec. (b). Pub. L. 94–521, § 15(a)(2), struck out reference to imprisonment provisions provided by sections
221 and 224 of this title.

and provided that, if so made, the registry receipt
should be ‘‘accepted as evidence of such demand’’. Section 84 thereof authorized the making of requests by
registered mail, or ‘‘by telegraph’’, and provided that,
if so made, the ‘‘return’’ receipt therefor should be
‘‘prima facie evidence of an official request’’. The authorizations contained in such sections have been carried into section 224 of this title, and the evidentiary
provisions thereof have been carried into this section,
and they apply to investigations other than those to
which such sections 74 and 84 related. See Revision
Note to section 224 of this title.
In this revised section, the language of section 84 of
title 13, U.S.C., 1952 ed., was largely followed as probably being the more desirable, but ‘‘or other written receipt thereof’’ was inserted since there is no return receipt with respect to a telegram, and words ‘‘in any
prosecution under such section’’ were inserted for the
purpose of completeness.
Further, words ‘‘Secretary or other authorized officer
or employee of the Department of Commerce or bureau
or agency thereof’’ were substituted for references to
the Director of the Census, to conform with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R.
3174, 64 Stat. 1263. See Revision Note to section 4 of this
title.
Changes were made in phraseology.
AMENDMENTS
1976—Pub. L. 94–521 struck out ‘‘as authorized by section 224 of this title’’ after ‘‘telegram’’.
1957—Pub. L. 85–207 inserted ‘‘or certified’’ after ‘‘registered’’.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94–521 effective Oct. 17, 1976,
see section 17 of Pub. L. 94–521, set out as a note under
section 1 of this title.

CHAPTER 9—COLLECTION AND PUBLICATION
OF
FOREIGN
COMMERCE
AND
TRADE STATISTICS

EFFECTIVE DATE OF 1976 AMENDMENT

Sec.

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

301.
302.
303.
304.

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.
85–207, § 19, Aug. 28, 1957, 71 Stat. 484; Pub. L.
94–521, § 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,
U.S.C., 1952 ed., which section related to the collection
of cotton statistics, with part of section 84 of such
title, which section related to the collection of statistics on oilseeds, nuts and kernels, fats, oils and greases.
For remainder of such sections 74 and 84, see Distribution Table.
Section 74 of title 13, U.S.C., 1952 ed., authorized the
making of requests for information by registered mail,

305.
306.
307.

Collection and publication.
Rules, regulations, and orders.
Secretary of Treasury, functions.1
Filing export information, delayed filings,
penalties for failure to file.
Penalties for unlawful export information activities.
Delegation of functions.
Relationship to general census law.
AMENDMENTS

2002—Pub. L. 107–228, div. B, title XIV, § 1404(f)(2),
Sept. 30, 2002, 116 Stat. 1456, added item 305 and struck
out former item 305 ‘‘Violations, penalties’’.

§ 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
1 So

in original. Does not conform to section catchline.

§ 301

TITLE 13—CENSUS

the commerce, domestic and foreign, of the
United States and for other lawful purposes.
(b) The Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of
the Senate, on quarterly and cumulative bases,
statistics on United States imports for consumption and United States exports by country
and by product. Statistics on United States imports shall be submitted in accordance with the
Harmonized Tariff Schedule of the United States
Annotated for Statistical Reporting Purposes
and general statistical note 1 thereof, in detail
as follows:
(1) net quantity;
(2) United States customs value;
(3) purchase price or its equivalent;
(4) equivalent of arm’s length value;
(5) aggregate cost from port of exportation
to United States port of entry;
(6) a United States port of entry value comprised of (5) plus (4), if applicable, or, if not applicable, (5) plus (3); and
(7) for transactions where (3) and (4) are
equal, the total value of such transactions.
The data for paragraphs (1), (2), (3), (5), and (6)
shall be reported separately for nonrelated and
related party transactions, and shall also be reported as a total of all transactions.
(c) In submitting any information under subsection (b) with respect to exports, the Secretary shall state separately from the total
value of all exports—
(1)(A) the value of agricultural commodities
exported under the Agricultural Trade Development and Assistance Act of 1954, as amended; and
(B) the total amount of all export subsidies
paid to exporters by the United States under
such Act for the exportation of such commodities; and
(2) the value of goods exported under the
Foreign Assistance Act of 1961.
(d) To assist the Secretary to carry out the
provisions of subsections (b) and (c)—
(1) the Secretary of Agriculture shall furnish
information to the Secretary concerning the
value of agricultural commodities exported
under provisions of the Agricultural Trade Development and Assistance Act of 1954, as
amended, and the total amounts of all export
subsidies paid to exporters by the United
States under such Act for the exportation of
such commodities; and
(2) the Secretary of State shall furnish information to the Secretary concerning the value
of goods exported under the provisions of the
Foreign Assistance Act of 1961, as amended.
(e) There shall be reported, on monthly and
cumulative bases, for each heading or subheading in the Harmonized Tariff Schedule of
the United States Annotated for Statistical Reporting Purposes, the United States port of
entry value (as determined under subsection
(b)(6)). There shall be reported, on monthly and
cumulative bases, the balance of international
trade for the United States reflecting (1) the aggregate value of all United States imports as reported in accordance with the first sentence of
this subsection, and (2) the aggregate value of

Page 32

all United States exports. The information required to be reported under this subsection shall
be reported in a form that is adjusted for economic inflation or deflation (on a constant dollar basis consistent with the reporting of the
National Income and Product Accounts), and in
a form that is not so adjusted.
(f) On or before January 1, 1981, and as often
thereafter as may be necessary to reflect significant changes in rates, there shall be reported for
each heading or subheading in the Harmonized
Tariff Schedule of the United States Annotated
for Statistical Reporting Purposes, the ad valorem or ad valorem equivalent rate of duty which
would have been required to be imposed on dutiable imports under that heading or subheading,
if the United States customs values of such imports were based on the United States port of
entry value (as reported in accordance with the
first sentence of subsection (e)) in order to collect the same amount of duties on imports under
that heading or subheading as are currently collected.
(g) Shippers’ Export Declarations (or any successor document), wherever located, shall be exempt from public disclosure unless the Secretary determines that such exemption would be
contrary to the national interest.
(h) The Secretary is authorized to require by
regulation the filing of Shippers’ Export Declarations under this chapter through an automated and electronic system for the filing of export information established by the Department
of the Treasury.
(Added Pub. L. 87–826, § 2, Oct. 15, 1962, 76 Stat.
951; amended Pub. L. 93–618, title VI, § 609(a),
Jan. 3, 1975, 88 Stat. 2074; Pub. L. 96–39, title XI,
§ 1108(a), July 26, 1979, 93 Stat. 313; Pub. L. 96–275,
§ 1, June 17, 1980, 94 Stat. 539; Pub. L. 100–418,
title I, §§ 1214(a)(2), 1931(a), 1932, Aug. 23, 1988, 102
Stat. 1155, 1320; Pub. L. 106–113, div. B, § 1000(a)(7)
[div. B, title XII, § 1252(a)], Nov. 29, 1999, 113 Stat.
1536, 1501A–506.)
REFERENCES IN TEXT
The Harmonized Tariff Schedule of the United States,
referred to in subsecs. (b), (e), and (f), is not set out in
the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs
Duties.
The Agricultural Trade Development and Assistance
Act of 1954, referred to in subsecs. (c)(1), (d)(1), is act
July 10, 1954, ch. 649, 68 Stat. 454, as amended, which is
classified generally to chapter 41 (§ 1691 et seq.) of Title
7, Agriculture. For complete classification of this Act
to the Code, see Short Title note set out under section
1691 of Title 7 and Tables.
The Foreign Assistance Act of 1961, referred to in subsecs. (c)(2), (d)(2), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat.
424, as amended, which is classified principally to chapter 32 (§ 2151 et seq.) of Title 22, Foreign Relations and
Intercourse. For complete classification of this Act to
the Code, see Short Title note set out under section
2151 of Title 22 and Tables.
AMENDMENTS
1999—Subsec. (h). Pub. L. 106–113 added subsec. (h).
1988—Subsec. (b). Pub. L. 100–418, § 1214(a)(2)(A), substituted ‘‘Harmonized Tariff Schedule of the United
States Annotated for Statistical Reporting Purposes
and general statistical note 1 thereof’’ for ‘‘Tariff
Schedules of the United States Annotated and general
statistical headnote 1 thereof’’.

Page 33

§ 301

TITLE 13—CENSUS

Subsec. (e). Pub. L. 100–418, § 1932, inserted at end
‘‘The information required to be reported under this
subsection shall be reported in a form that is adjusted
for economic inflation or deflation (on a constant dollar basis consistent with the reporting of the National
Income and Product Accounts), and in a form that is
not so adjusted.’’
Pub. L. 100–418, § 1931(a), struck out at end ‘‘The values and balance of trade required to be reported by this
subsection shall be released no later than 48 hours before the release of any other government statistics concerning values of United States imports or United
States balance of trade, or statistics from which such
values or balance may be derived.’’
Pub. L. 100–418, § 1214(a)(2)(B), substituted ‘‘heading or
subheading in the Harmonized Tariff Schedule of the
United States Annotated for Statistical Reporting Purposes’’ for ‘‘item in the Tariff Schedules of the United
States Annotated’’ in first sentence.
Subsec. (f). Pub. L. 100–418, § 1214(a)(2)(C), substituted
‘‘heading or subheading in the Harmonized Tariff
Schedule of the United States Annotated for Statistical
Reporting Purposes’’ for ‘‘item of the Tariff Schedules
of the United States Annotated’’ and ‘‘under that heading or subheading’’ for ‘‘under that item’’, in two
places.
1980—Subsec. (g). Pub. L. 96–275 added subsec. (g).
1979—Subsecs. (e), (f). Pub. L. 96–39 added subsecs. (e)
and (f).
1975—Pub. L. 93–618 designated existing provisions as
subsec. (a) and added subsecs. (b) to (d).
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII,
§ 1252(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–506, provided that: ‘‘The amendment made by subsection (a)
[amending this section] shall take effect 270 days after
the Secretary of Commerce, the Secretary of the Treasury, and the Director of the National Institute of
Standards and Technology jointly provide a certification to the Committee on Foreign Relations of the
Senate and the Committee on International Relations
of the House of Representatives that a secure Automated Export System available through the Internet
that is capable of handling the expected volume of information required to be filed under subsection (b) [set
out below], plus the anticipated volume from voluntary
use of the Automated Export System, has been successfully implemented and tested and is fully functional
with respect to reporting all items on the United
States Munitions List, including their quantities and
destinations.’’ [The Automated Export System Certification Report was submitted to the Committee on Foreign Relations of the Senate on June 11, 2001, and to the
Committee on International Relations of the House of
Representatives on May 31, 2001. See 66 F.R. 39006.]

tion] shall apply to reports made after December 31,
1979.’’
EFFECTIVE DATE OF 1975 AMENDMENT
Section 609(b) of Pub. L. 93–618 provided that: ‘‘The
amendments made by subsection (a) [amending this
section] shall take effect on January 1, 1975.’’
EFFECTIVE DATE
Section 4 of Pub. L. 87–826 provided that: ‘‘The provisions of this Act [enacting section 301 et seq. of this
title and repealing sections 173, 174, 177, 179, 181, 184 to
187, and 193 of Title 15, Commerce and Trade, sections
92 and 95 of former Title 46, Shipping, and section 1486
of Title 48, Territories and Insular Possessions] shall
take effect one hundred and eighty days after approval
[Oct. 15, 1962], except that the last sentence of section
337, ‘‘Fifth’’ of the Revised Statutes [section 174 of
Title 15], and the requirement for oaths as found in section 4200 of the Revised Statutes [section 92 of former
Title 46] shall be repealed effective on the date this Act
is approved [Oct. 15, 1962].’’
REGULATIONS
Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII,
§ 1252(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–506, provided that:
‘‘(1) IN GENERAL.—The Secretary of Commerce, with
the concurrence of the Secretary of State, shall publish
regulations in the Federal Register to require that,
upon the effective date of those regulations, exporters
(or their agents) who are required to file Shippers’ Export Declarations under chapter 9 of title 13, United
States Code, file such Declarations through the Automated Export System with respect to exports of items
on the United States Munitions List or the Commerce
Control List.
‘‘(2) ELEMENTS OF THE REGULATIONS.—The regulations
referred to in paragraph (1) shall include at a minimum—
‘‘(A) provision by the Department of Commerce for
the establishment of on-line assistance services to be
available for those individuals who must use the
Automated Export System;
‘‘(B) provision by the Department of Commerce for
ensuring that an individual who is required to use the
Automated Export System is able to print out from
the System a validated record of the individual’s submission, including the date of the submission and a
serial number or other unique identifier, where appropriate, for the export transaction; and
‘‘(C) a requirement that the Department of Commerce print out and maintain on file a paper copy or
other acceptable back-up record of the individual’s
submission at a location selected by the Secretary of
Commerce.’’

EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 1214(a)(2) of Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1)
of Pub. L. 100–418, set out as an Effective Date note
under section 3001 of Title 19, Customs Duties.
EFFECTIVE DATE OF 1980 AMENDMENT
Section 4 of Pub. L. 96–275 provided that:
‘‘(a) Except as provided in subsection (b), this Act,
and the amendments made by this Act [amending this
section and enacting provisions set out as a note under
this section], shall become effective on the later of
July 1, 1980, or the date of enactment of this Act [June
17, 1980].
‘‘(b) The amendment made by section 2 [amending
section 93 of former Title 46, Shipping] shall become effective on the date which is forty-five days after the
date of enactment of this Act [June 17, 1980].’’
EFFECTIVE DATE OF 1979 AMENDMENT
Section 1108(b) of Pub. L. 96–39 provided that: ‘‘The
amendment made by subsection (a) [amending this sec-

IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM
Pub. L. 107–228, div. B, title XIV, § 1404(a)–(c), Sept. 30,
2002, 116 Stat. 1454, provided that:
‘‘(a) CONTRIBUTION TO THE AUTOMATED EXPORT SYSTEM.—Of the amount provided under section 1402 of this
Act [116 Stat. 1453], $250,000 is authorized to be available for the purpose of—
‘‘(1) providing the Department [of State] with full
access to the Automated Export System;
‘‘(2) ensuring that the system is modified to meet
the needs of the Department [of State], if such modifications are consistent with the needs of other
United States Government agencies; and
‘‘(3) providing operational support.
‘‘(b) MANDATORY FILING.—The Secretary of Commerce, with the concurrence of the Secretary of State
and the Secretary of [the] Treasury, shall publish regulations in the Federal Register to require, upon the effective date of those regulations, that all persons who
are required to file export information under chapter 9
of title 13, United States Code, file such information
through the Automated Export System.

§ 302

TITLE 13—CENSUS

‘‘(c) REQUIREMENT FOR INFORMATION SHARING.—The
Secretary [of State] shall conclude an informationsharing arrangement with the heads of the United
States Customs Service and the Census Bureau—
‘‘(1) to allow the Department [of State] to access information on controlled exports made through the
United States Postal Service; and
‘‘(2) to adjust the Automated Export System to parallel information currently collected by the Department.’’
[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.]
VOLUMETRIC INDEX
Section 1931(b) of Pub. L. 100–418 provided that:
‘‘(1) The Director of the Census, in consultation with
the Director of the Bureau of Economic Analysis and
the Commissioner of Labor Statistics, shall conduct a
study to determine the feasibility of developing, and of
publishing, an index that measures the real volume of
merchandise trade on a monthly basis, which would be
reported simultaneously with the balance of merchandise trade for the United States.
‘‘(2) The Director of the Census shall submit to the
Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives
a report on the study conducted under paragraph (1) by
no later than the date that is one year after the date
of enactment of this Act [Aug. 23, 1988].’’
CONGRESSIONAL ACCESS TO INFORMATION
Section 3 of Pub. L. 96–275 provided that: ‘‘Nothing in
this Act [enacting subsec. (g) of this section, amending
section 93 of former Title 46, Shipping, and enacting
provisions set out as notes under this section] shall be
construed as authorizing the withholding of information from Congress.’’
DEFINITIONS
Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII,
subtitle E, § 1256], Nov. 29, 1999, 113 Stat. 1536, 1501A–507,
provided that: ‘‘In this subtitle [amending this section
and enacting provisions set out as notes above]:
‘‘(1) AUTOMATED EXPORT SYSTEM.—The term ‘Automated Export System’ means the automated and
electronic system for filing export information established under chapter 9 of title 13, United States Code,
on June 19, 1995 (60 Federal Register 32040).
‘‘(2) COMMERCE CONTROL LIST.—The term ‘Commerce
Control List’ has the meaning given the term in section 774.1 of title 15, Code of Federal Regulations.
‘‘(3) SHIPPERS’ EXPORT DECLARATION.—The term
‘Shippers’ Export Declaration’ means the export information filed under chapter 9 of title 13, United
States Code, as described in part 30 of title 15, Code
of Federal Regulations.
‘‘(4) UNITED STATES MUNITIONS LIST.—The term
‘United States Munitions List’ means the list of
items controlled under section 38 of the Arms Export
Control Act (22 U.S.C. 2778).’’

§ 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

Page 34

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. 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 and from the owners or operators of carriers.
(Added Pub. L. 87–826, § 2, Oct. 15, 1962, 76 Stat.
951; amended Pub. L. 107–228, div. B, title XIV,
§ 1404(d), Sept. 30, 2002, 116 Stat. 1454.)
AMENDMENTS
2002—Pub. L. 107–228 struck out ‘‘, other than by
mail,’’ after ‘‘foreign commerce or trade’’.

§ 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 day’s delinquency beyond the prescribed period, but not more than $10,000 per violation shall be exacted. Civil suit may be instituted in the name of the United States against
the principal and surety for the recovery of any
penalties that may accrue and be exacted in accordance with the terms of the bond.
(b) Any person, other than a person described
in subsection (a), required to submit export information, shall file such information in accordance with any rule, regulation, or order issued
pursuant to this chapter. In the event any such
information or reports are not filed within such
prescribed period, the Secretary of Commerce
(and officers of the Department of Commerce
specifically designated by the Secretary) may
impose a civil penalty not to exceed $1,000 for

Page 35

TITLE 13—CENSUS

each day’s delinquency beyond the prescribed
period, but not more than $10,000 per violation.
(c) The Secretary may remit or mitigate any
penalty incurred for violations of this section
and regulations issued pursuant thereto if, in his
opinion, they were incurred without willful negligence or fraud, or other circumstances justify
a remission or mitigation.
(Added Pub. L. 87–826, § 2, Oct. 15, 1962, 76 Stat.
952; amended Pub. L. 107–228, div. B, title XIV,
§ 1404(e), Sept. 30, 2002, 116 Stat. 1454.)
AMENDMENTS
2002—Subsec. (a). Pub. L. 107–228, § 1404(e)(1), substituted ‘‘a penal sum of $10,000’’ for ‘‘the penal sum of
$1,000’’ in first sentence and ‘‘a penalty not to exceed
$1,000 for each day’s delinquency beyond the prescribed
period, but not more than $10,000 per violation’’ for ‘‘a
penalty not to exceed $100 for each day’s delinquency
beyond the prescribed period, but not more than
$1,000,’’ in third sentence.
Subsecs. (b), (c). Pub. L. 107–228, § 1404(e)(2), (3), added
subsec. (b) and redesignated former subsec. (b) as (c).

§ 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 person’s interest in, security of, claim against, or property or contractual rights of any kind in the goods or
tangible items that were the subject of the
violation;
(B) any of that person’s interest in, security of, claim against, or property or contractual rights of any kind in tangible property that was used in the export or attempt
to export that was the subject of the violation; and
(C) any of that person’s property constituting, or derived from, any proceeds obtained directly or indirectly as a result of
the violation.
(b) CIVIL PENALTIES.—The Secretary (and officers of the Department of Commerce specifically
designated by the Secretary) may impose a civil
penalty not to exceed $10,000 per violation on
any person violating the provisions of this chapter or any rule, regulation, or order issued
thereunder, except as provided in section 304.
Such penalty may be in addition to any other
penalty imposed by law.

§ 305

(c) CIVIL PENALTY PROCEDURE.—
(1) IN GENERAL.—Whenever a civil penalty is
sought for a violation of this section or of section 304, the charged party is entitled to receive a formal complaint specifying the
charges and, at his or her request, to contest
the charges in a hearing before an administrative law judge. Any such hearing shall be conducted in accordance with sections 556 and 557
of title 5, United States Code.
(2) COMMENCEMENT OF CIVIL ACTIONS.—If any
person fails to pay a civil penalty imposed
under this chapter, the Secretary may request
the Attorney General to commence a civil action in an appropriate district court of the
United States to recover the amount imposed
(plus interest at currently prevailing rates
from the date of the final order). No such action may be commenced more than 5 years
after the date the order imposing the civil
penalty becomes final. In such action, the validity, amount, and appropriateness of such
penalty shall not be subject to review.
(3) REMISSION OR MITIGATION OF PENALTIES.—
The Secretary may remit or mitigate any penalties imposed under paragraph (1) if, in the
Secretary’s opinion—
(A) the penalties were incurred without
willful negligence or fraud; or
(B) other circumstances exist that justify
a remission or mitigation.
(4) APPLICABLE LAW FOR DELEGATED FUNCTIONS.—If, pursuant to section 306, the Secretary delegates functions under this section
to another agency, the provisions of law of
that agency relating to penalty assessment,
remission or mitigation of such penalties, collection of such penalties, and limitations of
actions and compromise of claims, shall apply.
(5) DEPOSIT OF PAYMENTS IN GENERAL FUND OF
THE TREASURY.—Any amount paid in satisfaction of a civil penalty imposed under this section or section 304 shall be deposited into the
general fund of the Treasury and credited as
miscellaneous receipts.
(d) ENFORCEMENT.—
(1) BY THE SECRETARY OF COMMERCE.—The
Secretary of Commerce may designate officers
or employees of the Office of Export Enforcement to conduct investigations pursuant to
this chapter. In conducting such investigations, those officers or employees may, to the
extent necessary or appropriate to the enforcement of this chapter, exercise such authorities as are conferred upon them by other
laws of the United States, subject to policies
and procedures approved by the Attorney General.
(2) BY THE COMMISSIONER OF CUSTOMS.—The
Commissioner of Customs may designate officers or employees of the Customs Service to
enforce the provisions of this chapter, or to
conduct investigations pursuant to this chapter.
(e) REGULATIONS.—The Secretary of Commerce
shall promulgate regulations for the implementation and enforcement of this section.
(f) EXEMPTION.—The criminal fines provided
for in this section are exempt from the provisions of section 3571 of title 18, United States
Code.

§ 306

TITLE 13—CENSUS

(Added Pub. L. 87–826, § 2, Oct. 15, 1962, 76 Stat.
952; amended Pub. L. 107–228, div. B, title XIV,
§ 1404(f)(1), Sept. 30, 2002, 116 Stat. 1455.)
AMENDMENTS
2002—Pub. L. 107–228 substituted ‘‘Penalties for unlawful export information activities’’ for ‘‘Violations,
penalties’’ in section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘Any
person, including the owners or operators of carriers,
violating the provisions of this chapter, or any rule,
regulation, or order issued thereunder, except as provided in section 304 above, shall be liable to a penalty
not to exceed $1,000 in addition to any other penalty
imposed by law. The amount of any such penalty shall
be payable into the Treasury of the United States and
shall be recoverable in a civil suit in the name of the
United States.’’
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.

§ 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 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. 87–826, § 2, Oct. 15, 1962, 76 Stat.
952.)
CHAPTER 10—EXCHANGE OF CENSUS
INFORMATION
Sec.

401.
402.

Exchange of census information with Bureau
of Economic Analysis.
Providing business data to Designated Statistical Agencies.
AMENDMENTS

2002—Pub. L. 107–347, title V, § 526(b)(2), Dec. 17, 2002,
116 Stat. 2970, added item 402.

§ 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

Page 36

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. 101–533, § 5(a), Nov. 7, 1990, 104
Stat. 2347.)
REFERENCES IN TEXT
The International Investment and Trade in Services
Survey Act, referred to in text, is Pub. L. 94–472, Oct.
11, 1976, 90 Stat. 2059, as amended, which is classified
generally to chapter 46 (§ 3101 et seq.) of Title 22, Foreign Relations and Intercourse. Section 3 of the Act is
classified to section 3102 of Title 22. For complete classification of this Act to the Code, see Short Title note
set out under section 3101 of Title 22 and Tables.

§ 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 the Confidential Information Protection and Statistical Efficiency Act of 2002.
(Added Pub. L. 107–347, title V, § 526(b)(1), Dec.
17, 2002, 116 Stat. 2969.)
REFERENCES IN TEXT
The Confidential Information Protection and Statistical Efficiency Act of 2002, referred to in text, is title
V of Pub. L. 107–347, Dec. 17, 2002, 116 Stat. 2962, which
enacted this section, amended section 176a of Title 15,
Commerce and Trade, and enacted provisions set out as
a note under section 3501 of Title 44, Public Printing
and Documents. Provisions defining ‘‘Designated Statistical Agency’’ are contained in section 522 of the
Act, which is set out in a note under section 3501 of
Title 44.