CHAPTER 3 —COLLECTION AND PUBLICATION OF STATISTICS
SUBCHAPTER I—COTTON
SUBCHAPTER II—OILSEEDS, NUTS, AND KERNELS; FATS, OILS, AND GREASES
SUBCHAPTER III—APPAREL AND TEXTILES
SUBCHAPTER IV—QUARTERLY FINANCIAL STATISTICS
SUBCHAPTER V—MISCELLANEOUS
Editorial Notes
Amendments
1986—
1983—
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,
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., §71 (Apr. 2, 1924, ch. 80, §1,
"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,
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 spindle-hours, 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,
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., §§72, 72a (Apr. 2, 1924, ch. 80, §2,
Section consolidates
"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,
Changes were made in phraseology and arrangement.
Editorial Notes
Amendments
1972—Subsec. (a).
§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,
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., §74 (Apr. 2, 1924, ch. 80, §4,
Section was derived from second paragraph of
Changes were made in phraseology.
Editorial Notes
Amendments
1971—
§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,
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., §75 (Apr. 2, 1924, ch. 80, §5,
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,
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,
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., §76 (Apr. 2, 1924, ch. 80, §6,
Editorial Notes
Amendments
1972—
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,
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., §81 (Aug. 7, 1916, ch. 274, §1,
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,
Changes were made in phraseology and arrangement.
§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,
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,
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,
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,
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,
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,
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.
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 quarterly statistics relating to domestic apparel and textile industries.
(Added
SUBCHAPTER IV—QUARTERLY FINANCIAL STATISTICS
Editorial Notes
Amendments
1986—
§91. Collection and publication
(a) The Secretary shall collect and publish quarterly financial statistics of business operations, organization, practices, management, 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
Termination of Section
For termination of section by section 4(b) of
Editorial Notes
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 6103(j)(1) of the Internal Revenue Code of 1986, referred to in subsec. (c), is classified to
Section 3(a) of the Small Business Act, referred to in subsec. (d)(4)(A), is classified to
Amendments
1995—Subsec. (d).
1986—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by
Effective and Termination Date; Report to Congress
"(a) This Act [enacting
"(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
"(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."
[
Transfer of Functions Relating to Quarterly Financial Statistics
"(a) There are transferred to the Secretary of Commerce, for administration under
"(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 [
SUBCHAPTER V—MISCELLANEOUS
Editorial Notes
Amendments
1986—
1983—
§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,
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., §§111, 113 (Mar. 6, 1902, ch. 139, §7,
Section consolidates part of
"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,
The provisions of
The provisions of
The proviso in
§102. Religion
The Secretary may collect decennially statistics relating to religious bodies.
(Aug. 31, 1954, ch. 1158,
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., §111 (Mar. 6, 1902, ch. 139, §7,
Section was taken from that part of
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,
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., §111 (Mar. 6, 1902, ch. 139, §7,
Section was taken from that part of
Changes were made in phraseology.
Section 7 of the act of Mar. 6, 1902, ch. 139,