13 U.S.C. § 241 — Evidence

Page 32 TITLE 13—CENSUS § 225 § 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 bu- reau 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 ques- tions 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 Sec- retary, 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 per- formance 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 nongovern- mental 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 Depart- ment of Commerce or bureau or agency there- of at least thirty days in advance of requesting a return, that such survey is under consider- ation. (b) The provisions for imprisonment provided by section 222 of this title shall not apply in con- nection with any survey conducted pursuant to subchapter II of chapter 3 of this title, or to sub- chapter 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 sub- chapters 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 pro- hibits 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 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 sub- section (a) references to the Secretary (of Commerce) and to ‘‘other authorized officer or employee of the De- partment 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 sec- tions 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. Editorial Notes 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 ref- erence to imprisonment provisions provided by sections 221 and 224 of this title. 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. SUBCHAPTER III—PROCEDURE § 241. Evidence When any request for information, made by the Secretary or other authorized officer or em- ployee of the Department of Commerce or bu- reau 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 Page 33 TITLE 13—CENSUS § 301 1 So in original. Does not conform to section catchline. title, which section related to the collection of statis- tics on oilseeds, nuts and kernels, fats, oils and greases. For remainder of such sections 74 and 84, see Distribu- tion Table. Section 74 of title 13, U.S.C., 1952 ed., authorized the making of requests for information by registered mail, and provided that, if so made, the registry receipt should be ‘‘accepted as evidence of such demand’’. Sec- tion 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 au- thorizations contained in such sections have been car- ried 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 prob- ably being the more desirable, but ‘‘or other written re- ceipt thereof’’ was inserted since there is no return re- ceipt 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 Reor- ganization 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. Editorial Notes AMENDMENTS 1976—Pub. L. 94–521 struck out ‘‘as authorized by sec- tion 224 of this title’’ after ‘‘telegram’’. 1957—Pub. L. 85–207 inserted ‘‘or certified’’ after ‘‘reg- istered’’. 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. CHAPTER 9—COLLECTION AND PUBLICA- TION OF FOREIGN COMMERCE AND TRADE STATISTICS Sec. 301. Collection and publication. 302. Rules, regulations, and orders. 303. Secretary of Treasury, functions.1 304. Filing export information, delayed filings, penalties for failure to file. 305. Penalties for unlawful export information ac- tivities. 306. Delegation of functions. 307. Relationship to general census law. Editorial Notes 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 in- formation from all persons exporting from, or importing into, the United States and the non- contiguous 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 pub- lish such information pertaining to exports, im- ports, trade, and transportation relating there- to, as he deems necessary or appropriate to en- able him to foster, promote, develop, and further the commerce, domestic and foreign, of the United States and for other lawful purposes. (b) The Secretary shall submit to the Com- mittee on Ways and Means of the House of Rep- resentatives and the Committee on Finance of the Senate, on quarterly and cumulative bases, statistics on United States imports for con- sumption and United States exports by country and by product. Statistics on United States im- ports 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 com- prised of (5) plus (4), if applicable, or, if not ap- plicable, (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 re- ported as a total of all transactions. (c) In submitting any information under sub- section (b) with respect to exports, the Sec- retary shall state separately from the total value of all exports— (1)(A) the value of agricultural commodities exported under the Food for Peace Act, as amended; and (B) the total amount of all export subsidies paid to exporters by the United States under such Act for the exportation of such commod- ities; and (2) the value of goods exported under the Foreign Assistance Act of 1961. (d) To assist the Secretary to carry out the provisions of subsections (b) and (c)— (1) the Secretary of Agriculture shall furnish information to the Secretary concerning the value of agricultural commodities exported under provisions of the Food for Peace Act, as amended, and the total amounts of all export subsidies paid to exporters by the United States under such Act for the exportation of such commodities; and (2) the Secretary of State shall furnish infor- mation 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 sub- heading in the Harmonized Tariff Schedule of