When any request for information, made by the Secretary or other authorized officer or employee of the Department of Commerce or bureau 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. 115868 Stat. 1025Pub. L. 85–207, § 1971 Stat. 484Pub. L. 94–521, § 15(b)90 Stat. 2465(, ; , , ; , , .)
Historical and Revision Notes
Aug. 7, 1916, ch. 274, § 439 Stat. 437Apr. 2, 1924, ch. 80, § 443 Stat. 32June 18, 1929, ch. 28, § 2146 Stat. 26June 14, 1938, ch. 35852 Stat. 678July 25, 1947, ch. 33161 Stat. 457Based on title 13, U.S.C., 1952 ed., §§ 74, 84 (, ; , ; , ; , ; , ).
section 74 of title 13Section consolidates part of , U.S.C., 1952 ed., which section related to the collection of cotton statistics, with part of section 84 of such title, which section related to the collection of statistics on oilseeds, nuts and kernels, fats, oils and greases. For remainder of such sections 74 and 84, see Distribution Table.
Section 74 of title 13section 224 of this titlesection 224 of this title, 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”. Section 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 authorizations contained in such sections have been carried into , 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 84 of title 13In this revised section, the language of , U.S.C., 1952 ed., was largely followed as probably being the more desirable, but “or other written receipt thereof” was inserted since there is no return receipt with respect to a telegram, and words “in any prosecution under such section” were inserted for the purpose of completeness.
64 Stat. 1263section 4 of this titleFurther, 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 Reorganization Plan No. 5, §§ 1, 2, eff. , 15 F.R. 3174, . See Revision Note to .
Changes were made in phraseology.
Editorial Notes
Amendments
Pub. L. 94–521section 224 of this title1976— struck out “as authorized by ” after “telegram”.
Pub. L. 85–2071957— inserted “or certified” after “registered”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendment
Pub. L. 94–521section 17 of Pub. L. 94–521section 1 of this titleAmendment by effective , see , set out as a note under .