13 U.S.C. § 101 — Defective, dependent, and delinquent class-

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 Page 18 TITLE 13—CENSUS § 102 1 Item 163 editorially inserted because section 163 is still in ex- istence. Item 163 was eliminated in the general amendment of analysis by Pub. L. 85–207, § 7, Aug. 28, 1957, 71 Stat. 482. 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 statis- tics 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 col- lected under the provisions of this subchapter shall be designated as ‘‘Special Reports’’ fol- lowed by the name of whatever bureau or agency of the Department of Commerce is designated by the Secretary to collect and compile such statis- tics. (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 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 sec- tion 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 Re- ports’ followed by the name of whatever bureau or agency of the Department of Commerce is designated by the Secretary to collect and compile such statis- tics’’. 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 pro- visions (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 in- cluded 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 Depart- ments 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 Docu- ments. 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, PRELIMI- NARY AND SUPPLEMENTAL STATISTICS, AND USE OF SAMPLING 191. Geographic scope of censuses. 193. Preliminary and supplemental statistics. 195. Use of sampling. 196. Special censuses. Editorial Notes AMENDMENTS 1997—Pub. L. 105–113, § 3(b)(2), Nov. 21, 1997, 111 Stat. 2275, substituted ‘‘POPULATION, HOUSING, AND UN- EMPLOYMENT’’ for ‘‘POPULATION, HOUSING, AGRI- CULTURE, 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 UNEMPLOY- MENT’’ 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 cen- sus 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 ‘‘MANUFAC- TURES’’ for ‘‘MANUFACTURERS’’ in item for sub-