13 U.S.C. § 91 — Collection and publication

Page 16 TITLE 13—CENSUS § 81 Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT The effective date of this title, referred to in text, is Jan. 1, 1955. SUBCHAPTER III—APPAREL AND TEXTILES § 81. Statistics on apparel and textile industries The Secretary shall collect and publish quar- terly 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 Editorial Notes AMENDMENTS 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 oper- ations, organization, practices, management, and relation to other businesses, including data on sales, expenses, profits, assets, liabilities, stockholders’ equity, and related accounts gen- erally 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 cir- cumstances, the nature of statistics collected and published under this section, and the man- ner of the collection and publication of such sta- tistics, 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 In- ternal Revenue Code of 1986, the conducting of the quarterly financial report program under this section shall be considered as the con- ducting of a related statistical activity author- ized by law. (d)(1) The Secretary shall not select an organi- zation 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 sur- vey in the preceding 10-year period, as deter- mined by the Secretary; and (iii) was selected for that prior survey par- ticipation 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 sur- vey in the preceding 2-year period, as deter- mined by the Secretary; and (iii) was selected for that prior survey par- ticipation 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 assist- ance under subparagraph (A), the Secretary shall establish a toll-free telephone number. (C) The Secretary shall expand the use of sta- tistical sampling techniques to select organiza- tions and entities having assets less than $100,000,000 to participate in the survey. (3) The Secretary may undertake such addi- tional 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 re- quirements of section 3(a) of the Small Busi- ness Act and the regulations promulgated pur- suant 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 Re- port 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. Editorial Notes REFERENCES IN TEXT The effective date of this section, referred to in sub- sec. (b), is Jan. 12, 1983, see Effective and Termination Date note set out below. Section 6(b) of the Federal Trade Commission Act, re- ferred 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’’. Statutory Notes and Related Subsidiaries 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. Page 17 TITLE 13—CENSUS § 101 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; Pub. L. 114–72, § 2, Oct. 22, 2015, 129 Stat. 566, 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 enact- ment of this Act [Jan. 12, 1983]. ‘‘(b) This Act, including the amendments made by this Act, shall cease to have effect after September 30, 2030. ‘‘(c) Not later than 2 years after such effective date [Jan. 12, 1983], the Secretary of Commerce shall submit a report to the Congress regarding the administration of the program transferred by this Act [enacting sec- tion 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 pri- vate organizations of the information published under such program; and ‘‘(3) technical or administration problems encoun- tered in carrying out such program.’’ [Pub. L. 103–105, § 1(b), Oct. 12, 1993, 107 Stat. 1030, pro- vided 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 Pub. L. 97–454, § 2, Jan. 12, 1983, 96 Stat. 2494, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘(a) There are transferred to the Secretary of Com- merce, for administration under section 91 of title 13, United States Code, all functions relating to the quar- terly 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- 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 Fed- eral Trade Commission which the Director of the Office of Management and Budget determines, after consulta- tion 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 sec- tions 6103, 7213, and 7431, and other provisions of the In- ternal 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 Editorial Notes 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 designa- tion. § 101. Defective, dependent, and delinquent class- es; crime (a) The Secretary may collect decennially sta- tistics relating— (1) to the defective, dependent, and delin- quent classes; and (2) to crime, including judicial statistics per- taining 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, na- tivity, and parentage, and such other questions relating to such subjects as the Secretary deems proper. (c) In addition to the decennial collections au- thorized by subsections (a) and (b) of this sec- tion, the Secretary may compile and publish an- nually statistics relating to crime and to the de- fective, 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 con- form 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 insti- tutions, mortgage, loan, and investment companies, and similar institutions, and to street railways, elec- tric 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 Reorganiza- tion 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 provi- sion 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 designa- tion of reports, are set out as separate sections in this subchapter; and the provisions thereof which related to