§ 91. — Collection and publication.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC91]
TITLE 13--CENSUS
CHAPTER 3--COLLECTION AND PUBLICATION OF STATISTICS
SUBCHAPTER IV--QUARTERLY FINANCIAL STATISTICS
Sec. 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 Pub. L. 97-454, Sec. 1(a)(2), Jan. 12, 1983, 96 Stat. 2494;
amended Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.
104-13, Sec. 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.
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 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''.
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
Section 4 of Pub. L. 97-454, as amended by Pub. L. 101-227, Sec. 1,
Dec. 12, 1989, 103 Stat. 1943; Pub. L. 103-105, Sec. 1(a), Oct. 12,
1993, 107 Stat. 1030; Pub. L. 105-252, Sec. 1, Oct. 9, 1998, 112 Stat.
1886, 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 enactment of this Act [Jan. 12, 1983].
``(b) This Act, including the amendments made by this Act, shall
cease to have effect after September 30, 2005.
``(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 section 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 private
organizations of the information published under such program; and
``(3) technical or administration problems encountered in
carrying out such program.''
[Section 1(b) of Pub. L. 103-105 provided 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
Section 2 of Pub. L. 97-454, as amended by Pub. L. 99-514, Sec. 2,
Oct. 22, 1986, 100 Stat. 2095, provided that:
``(a) There are transferred to the Secretary of Commerce, for
administration under section 91 of title 13, United States Code, all
functions relating to the quarterly 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 authority of section 6(b) of
the Federal Trade Commission Act (15 U.S.C. 46(b)).
``(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 [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].''
