13 U.S.C. § 5 — Questionnaires; number, form, and scope of

Page 4 TITLE 13—CENSUS § 5 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 De- partment 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 author- ized the Secretary to promulgate rules and regulations with respect to such censuses. That section has been omitted from this revised title, as the provision thereof for delegation of functions is covered by this section, and the provision thereof which related to rules and regulations is covered by section 22 of title 1, U.S.C., 1952 ed., General Provisions. Because of the transfer effected by 1950 Reorganiza- tion Plan No. 5, referred to above, sections of title 13, U.S.C., 1952 ed., which prescribed functions of the Bu- reau of the Census, the Census Office, or the Director of the Census, have, in this revised title, been changed to refer to the Secretary. Editorial Notes AMENDMENTS 1976—Pub. L. 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 De- partment of Commerce, and struck out a provision which allowed delegation of performance of such func- tions and duties to bureaus and agencies of the Depart- ment of Commerce. Statutory Notes and Related Subsidiaries 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 num- ber, form, and subdivisions thereof, for the sta- tistics, 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 Reorga- nization 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 indus- tries, and other businesses; with the second sentence of section 204 of such title, which section related to cen- suses 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 gov- ernments. 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) pro- vided 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. 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 en- tirety to this revised title), see Distribution Table. Editorial Notes AMENDMENTS 1976—Pub. L. 94–521 substituted ‘‘Questionnaires’’ for ‘‘Schedules’’ in section catchline and in text. Statutory Notes and Related Subsidiaries 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. 111–117, div. B, title I, Dec. 16, 2009, 123 Stat. 3115, 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. 111–8, div. B, title I, Mar. 11, 2009, 123 Stat. 562. Pub. L. 110–161, div. B, title I, Dec. 26, 2007, 121 Stat. 1887. 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 Govern- ment, 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