TITLE 13-CENSUS

This title was enacted by act Aug. 31, 1954, ch. 1158, 68 Stat. 1012

Chap. See.

1. Adm inistration ................................... 1

3. Collection and Publication of Statistics ................................................. 41

5. Censuses ............................................. 131

7. Offenses and Penalties ....................... 211

9. Collection and Publication of Foreign Trade Statistics' ...................... 301

Table showing disposition of all sections of

former Title 13

Title 13 Title 13

former new sections sections

1. . .. ..................................... 2

2. ........................... °.......... ...... 21

3,4 ............................................................................. O m itted

5 ........................................................................................ 22

6....................................... 22

7-9 ............................................................................. O m itted

21-41 ......................................................................... O m itted

41a ............................................................................. O m itted

42-55 ......................................................................... O m itted

61-69 ......................................................................... O m itted

71 ..................................................................................... 41

72 ..................................................................................... 42

72a ................................................................................... 42

73 .................................................................................... 9,214

74 .......................................................................... 43, 224, 241

75 ..................................................................................... 44

76 ..................................................................................... 45

77 ............................................................................... O m itted

81 .................................................................................... 61

82 ........................................................................................ 5

83 .................................................................................... 9, 214

84 ................................................................................ 224, 241

85 ....................................................................................

62

86 ....................................................................................63

91-98 ......................................................................... O m itted

101 ....................................................................... T. 42, § 244a

106 ..................................................... ... O m itted

106 note ....................................... ........................... O m itted

107 ............................................................................. O m itted

111 ........ .................. ..................... 5, 24, 101, 102, 103, 225

112 ............................................................................ O m itted

113 ............................................ 101

114 ............................................................................. O m itted

121 ............................................................................. 131, 181

122...6, 9, 24, 25, 211, 212, 213, 214, 221, 222, 223, 224,

225

123 .................................................................................. 5, 132

201 ...................................................................................... 141

202 ...................................................................................... 143

203 .................................................................................. 23, 24

204 ................................................................................. 5, 144

205 ................................................................................... 25

206 ...................................................................................

145

207 ...................................................................................... 211

208 .......................................................................... 9, 212, 213

209 ...................................................................... 221, 222, 223

210 ...................................................................................... 224

211 .......................................... ........................................... 9

212 ............................................................................. O m itted

213 ..................................................................................... 7

'So in original. Does not conform to heading of

chapter 9, preceding section 301 of this title.

Title 13 Title 13

forner new sections sections

214 .................................................. 10

215 ................................................

.6

216 ................................................

5, 23, 146

217 ................................................

O m itted

218 .................................................8

219, 220 ............................................O m itted

251 ................................................5, 161,163

252 ....................................... 6, 9, 24, 162, 211, 212, 213, 214

253 ................................................O m itted

AMENDMENTS

1962-Pub. L. 87-826, § 1, Oct. 15, 1962, 76 Stat. 951,

added the heading of chapter 9.

POSITIVE LAW; CITATION

This title has been made positive law by section 1 of

act Aug. 31, 1954, ch. 1158, 68 Stat. 1012, which provided in part "That title 13 of the United States Code,

entitled 'Census' is revised, codified and enacted into

law and may be cited as 'Title 13, United States Code,

section-'."

REFERENCES TO CENSUS OFFICE

Section 3 of act Aug, 31, 1954, ch. 1158, 68 Stat. 1024,

provided that: "Whenever reference is made in any

other law or in any regulation or order to the Census

Office, such reference shall be held and considered to mean the Bureau of the Census referred to in section

2 of Title 13, United States Code, as set out in section

1 of this Act. This section shall not be construed as affecting historical references to the Census Office

which could have no present or future application to

the Bureau of the Census."

SEPARABILITY OF PRovIsIoNs

Section 4 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024,

provided that: "If any part of Title 13, United States

Code, as set in section 1 of this Act, is held invalid, the

remainder of such title shall not be affected thereby."

LEGISLATIVE CONSTRUCTION

Section 5 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024,

provided that: "No inference of a legislative construction is to be drawn by reason of the chapter in Title

13, United States Code, as set out in section 1 of this

Act, in which any section Is placed, nor by reason of

the captions or catchlines used in such title."

EFFECTIVE DATE

Section 6 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024,

provided that: "The provisions of this Act shall take

effect on January 1, 1955."

REPEALS

Section 7 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024,

provided that: "The sections of the Acts, and the Acts

or parts of Acts, enumerated in the following schedule, are hereby repealed. Any rights or liabilities now

existing under such statutes or parts thereof, and any

proceedings instituted under, or growing out of, any of

such statutes or parts thereof, shall not be affected by

this repeal."

Page 651
TITLE 13-CENSUS

TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in title 5 section 552a,

CtAPTER 1I-ADMINISTRATION

SUBCHAPTER I-GENERAL PROVISIONS

Sec.

1. Definitions.

2. Bureau of the Census.

3. Seal.

4. Functions of Secretary; regulations: delegation. 5. Questionnaires; number, form, and scope of inquiries. 6. Information from other Federal departments and

agencies: acquisition of reports from other governmental and private sources. 7. Printing; requisitions upon Public Printer; publi- cation of bulletins and reports.

8. Authenticated transcripts or copies of certain re- turns: other data; restriction on use; disposition

of fees received.

9. Information as confidential: exception.

10. 'Mail matter.

11. Authorization of appropriations.

12. Mechanical and electronic development.

13. Procurement of professional services.

[14. Repealed.]

SUBCHAPTER II-OFFICERS AND EMPLOYEES

21. Director of the Census; duties.

22. Qualifications of permanent personnel.

23. Additional officers and employees.

24. Special agents, supervisors, supervisors' clerks,

enumerators, and interpreters; compensation;

details.2

25. Duties of supervisors, enumerators, and other

employees.

26. Transportation by contract.

AMENDMENTS

1976-Pub. L. 94-521, §§ 3(b), 4(b), 5(b), 6(b), Oct. 17,

1976, 90 Stat. 2459 to 2461, added reference to "regulations" in item 4, substituted "Questionnaires" for

"Schedules" in item 5, substituted "Information from

other Federal departments and agencies; acquisition

of reports from other governmental and private

sources" for "Requests to other departments and offices for information, acquisition of reports from governmental and other sources" in item 6, and substituted "Authenticated transcripts or copies" for "Certified

copies" in item 8, respectively.

1966-Pub. L. 89-473, § 2(b), June 29, 1966, 80 Stat.

221, struck out item 14.

1962-Pub. L. 87-489, § 1(b), June 19, 1962, 76 Stat.

104, added item 14.

1957-Pub. L. 85-207, § 1, Aug. 28, 1957, 71 Stat. 481,

inserted at the end of item 6 the words ", acquisition

of reports from governmental and other sources." and

added items 12, 13 and 26.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 307 of this title.

SUBCHAPTER I-GENERAL PROVISIONS

§ 1. Definitions

As used in this title, unless the context requires another meaning or unless it is otherwise

provided-

(1) "Bureau" means the Bureau of the

* Census;

(2) "Secretary" means the Secretary of

Commerce; and

(3) "respondent" includes a corporation,

company, association, firm, partnership, pro-

'Section 10 was repealed but analysis was not

amended to reflect such repeal.

I Section catchline amended without amending analysis to reflect such change.

prietorship, society, joint stock company, individual, or other organization or entity

which reported information, or on behalf of

which information was reported, in response

to a questionnaire, inquiry, or other request

of the Bureau.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Oct. 17,

1976, Pub. L. 94-521, § 1, 90 Stat. 2459.)

HISTORICAL AND REVISION NOTES

Section is new, and was inserted to eliminate the ne- cessity for referring, throughout this title, to the

Bureau of the Census, and the Secretary of Commerce, by their full designations.

AMENDMENTS

1976-Pub. L. 94-521 designated existing provisions as pars. (1) and (2), and added par. (3).

EFFECTIVE DATE OF 1976 AMENDMENT

Section 17 of Pub. L. 94-521 provided that: "The

amendments made by this Act [enacting sections 181

to 184 and 196 of this title, amending sections 1, 3 to 6,

8, 23, 141, 191, 195, 214, 221, 224, 225, and 241 of this

title, and enacting provisions set out as notes under

section 1 of this title] shall take effect on October 1,

1976, or on the date of the enactment of this Act [Oct.

17, 197C], whichever date is later".

SEPARABILITY OF PROVISIONS

Section 16 of Pub. L. 94-521 provided that: "If a provision enacted by this Act (see section 17 of. Pub. L. 94-

521 set out as a note under this section] is held invalid,

all valid provisions that are severable from the invalid

provision remain in effect. If a provision of this Act

[Pub, L. 94-521] is held invalid in one or more of its

applications, the provision remains in effect in all

valid applications that are severable from the invalid

application or applications."

CROSS REFERENCES

Accounts relating to the Census, examination and

settlement, see section 72 of Title 31, Money and Finance.

Collection and publication of foreign commerce and

trade statistics, applicability of section to, see section

307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

§ 2. Bureau of the Census

The Bureau is continued as an agency within,

and under the jurisdiction of, the Department

of Commerce.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1012.)

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., § 1 (Mar. 6, 1902,

ch. 139, § 1, 32 Stat. 51: Feb. 14, 1903, ch. 552, §4, 32

Stat. 826; Mar, 4, 1913, ch. 141, § 1, 37 Stat. 736; June

18, 1929, ch. 28, § 21, 46 Stat, 26).

Section 1 of title 13, U.S.C., 1952 ed., provided that

the "Census Office" temporarily established in the

Department of the Interior in accordance with the act

of Mar. 3, 1899 (ch. 419, 30 Stat. 1014) "is made" a permanent office in the Department of Commerce. Such

wording is no longer necessary, and the provisions, as revised in this section, merely continue the Bureau (of

the Census) as an agency within, and under the Jurisdiction of, the Department of Commerce.

CROSS REFERENCES

Bureau of the Census as a bureau in the Department

of Commerce, see section 1511 of Title 15, Commerce

and Trade.

Page 652
TITLE 13-CENSUS

Collection and publication of foreign commerce and

trade statistics, applicability of section to, see section

307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

§ 3. Seal

The Bureau shall have a seal containing such

device as has been selected heretofore, or as the

Secretary may select hereafter. A description of

such seal with an impression thereof shall be

filed in the office of the Secretary of State. The

seal shall remain in the custody of the Secretary or such officer or employee of the Bureau

as he designates, and shall be affixed to all documents authenticated by the Bureau. Judicial

notice shall be taken of the seal.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Aug. 28,

1957, Pub. L. 85-207, § 2, 71 Stat. 481; Oct. 17,

1976, Pub. L. 94-521, § 2, 90 Stat. 2459.)

HISTORICAL AND REVISION NOTES

Based on acts Mar. 3, 1899, ch. 419, § 31, 30 Stat.

1021; Mar. 6, 1902, ch. 139, § 6, 32 Stat. 52.

Section is new to the United States Code, but is in

accordance with current practice. Act Mar. 3, 1899, ch.

419, 30 Stat 1014, which established the "Census

Office" on a temporary basis, provided in section 31

thereof (30 Stat. 1021) for a seal for that office. The

office was made permanent by act Mar. 6, 1902, ch.

139, 32 Stat. 51, and section 6 of that act (32 Stat. 52)

continued in full force and effect "for the taking of

the Thirteenth and subsequent censuses" all provisions of the act of Mar. 3. 1899, not inconsistent with

the provisions of such 1902 act. Therefore, since the

1902 act contained no provisions with respect to a seal.

section 31 of the 1899 act, providing for the seal, remained in force as it was not inconsistent. Section 33

of act July 2, 1909, ch. 2, 36 Stat. 10, which act (36

Stat. 1) related to the Thirteenth and subsequent decennial censuses, repealed the said act of Mar. 3, 1899.

specifically, and all "other" laws and parts of laws inconsistent with the provisions of the 1909 act. These

repealing provisions are somewhat ambiguous, but it

was probably the intent of Congress, as it was the

intent thereof at the time of enactment of the act of

Mar. 6, 1902, referred to above, to continue in effect

all provisions of the act of Mar. 3, 1899, that were not

inconsistent with the act of July 2, 1909. The 1909 act

contained no provisions with respect to the seal, and it

accordingly follows that the provisions of section 31 of

the act of Mar. 3, 1899, with respect thereto, continued

in force. This is also the interpretation of the Bureau

of the Census, which has continued to use a seal

through the years in connection with "certificates and

attestations".

In any event, this new section merely confirms past

and present practice, and restores, if it does not preserve, statutory authority for possession and use of

the seal which is a very necessary part of the operations of the Bureau. Further, the section .hould serve to forestall future differences of interpretation.

In the past, some States have refused to recognize the

seal of the Census Bureau on the ground that it was not authorized by law. In all probability, this position

was taken, not as the result of a search of the Statutes

at Large, which would have been a difficult project,

but because provisions relating to the seal were not set

out in the United States Code where they would have

been readily accessible.

The language of this section follows substantially

the language of section 31 of the act of Mar. 3, 1899,

referred to above, but has been reworded because of

jurisdictional and other changes since that time. The

"Census Office" was transferred from the Department

of the Interior to the Department of Commerce and

Labor by act Feb. 14, 1903, ch. 552, §4, 32 Stat. 826.

Act Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, changed the name of the latter to the Department of Commerce,

and created, as a separate department, the Department of Labor. It transferred a number of bureaus and

agencies from the Department of Commerce to the

Department of Labor, but these transfers did not

affect the Bureau of the Census, which has remained

under the Jurisdiction of the Department of Com- merce. 1950 Reorganization Plan No. 5, §§ 1, 2, eff.

May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, transferred

all functions of all officers, employees, bureaus, and

agencies of the Department of Commerce to the Secretary of Commerce, and vested power in him to delegate them or any of his other functions to any of such

officers, employees, bureaus, and agencies. Therefore,

in this section, "Secretary", and "Secretary or such officer or employee of the Bureau as he designates",

were substituted, respectively, for two references to

the Director of the Census, to conform with such

Plan.

AMENDMENTS

1976-Pub. L. 94-521 substituted "affixed to all documents authenticated by the Bureau" for "affixed to

all certificates and attestations that may be required

from the Bureau".

1957-Pub. L. 85-207 provided for Judicial recogni- tion of the seal.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-521 effective Oct. 17,

1976, see section 17 of Pub. L. 94-521, set out as a note

under section 1 of this title.

CROSS REFERENCES

Collection and publication of foreign commerce and

trade statistics, applicability of section to, see section

307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

§ I. Functions of Secretary; regulations; delegation

The Secretary shall perform the functions

and duties imposed upon him by this title, may

issue such rules and regulations as he deems

necessary to carry out such functions and

duties, and may delegate the performance of

such functions and duties and the authority to

issue such rules and regulations to such officers

and employees of the Department of Commerce

as he may designate.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Oct. 17,

1976, Pub. L. 94-521, § 3(a), 90 Stat. 2459.)

HISTORICAL AND REVISION NOTES

Section is new, and was inserted to conform with

1950 Reorganization Plan No. 5. effective May 24,

1950, §§ 1, 2, 15 F.R. 3174, 64 Stat. 1263, which is set

out as a note under section 591 of title 5, U. S. C., 1952

ed., Executive Departments and Government Officers

and Employees [now set out in the Appendix to Title

5, Government Organization and Employees]. That

plan transferred all functions (with a few exceptions

not applicable to the Census Bureau) of all agencies,

officers and employees of the Department of Commerce to the Secretary of Commerce, and vested

power in him to delegate the functions so transferred, or any of his other functions, to such agencies, officers or employees within the Department as he designates.

See, also, section 253 of title 13, U.S.C., 1952 ed.,

which provided for delegation of functions in connection with the quinquennial censuses of governments,

and authorized the Secretary to promulgate rules and

regulations with respect to such censuses. That sction

has been omitted from this revised title, as the provision thereof for delegation of functions is covered by

this section, and the provision thereof which related

Page 653
TITLE 13-CENSUS

to rules and regulations is covered by section 22 of

title 1, U.S.C., 1952 ed., General Provisions.

Because of the transfer effected by 1950 Reorganization Plan No. 5, referred to above, sections of title 13,

U.S.C., 1952 ed., which prescribed functions of the

Bureau of the Census, the Census Office, or the Director of the Census, have, in this revised title, been

changed to refer to the Secretary.

AMENDMENTS

1976-Pub. L. 94-521 added "regulations" to the section catchline, authorized the Secretary to issue such

rules and regulations as he deems necessary to carry

out the functions and duties imposed upon him by this

title, authorized the delegation of the authority to

issue such rules and regulations to officers and employees of the Department of Commerce, and struck

out a provision which allowed delegation of the performance of such functions and duties to bureaus and

agencies of the Department of Commerce.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-521 effective Oct. 17,

1976, see section 17 of Pub. L. 94-521, set out as a note

under section 1 of this title.

CROSS REFERENCES

Collection and publication of foreign commerce and

trade statistics, applicability of section to, see section

307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

§ 5. Questionnaires; number, form, and scope of inquiries

The Secretary shall prepare questionnaires,

and shall determine the inquiries, and the

number, form, and subdivisions thereof, for the

statistics, surveys, and censuses provided for in

this title.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Oct. 17,

1976, Pub. L. 94-521, § 4(a), 90 Stat. 2459.)

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., §§ 82, 111, 123, 204,

216, 251, and section 1442 of title 42, U.S.C., 1952 ed.,

The Public Health and Welfare (Mar. 6, 1902, ch. 139,

§ 7, 32 Stat. 52; June 7, 1906, ch. 3048, 34 Stat. 218;

Aug. 7, 1916, ch. 274, § 2, 39 Stat. 437; June 18, 1929,

ch. 28, §§ 3, 4, 16, 46 Stat. 21, 22, 25; 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; June 19, 1948, ch. 502, § 3, 62 Stat.

479; July 15, 1949, ch. 338, title VI, § 607, 63 Stat, 441;

Sept. 7, 1950, ch. 910, §§ 1. 4, 64 Stat. 784, 785; July 16,

1952, ch. 912, 66 Stat. 736).

Section consolidates section 82 of title 13, U.S.C.,

1952 ed., which related to statistics on cottopseed, oilseeds, nuts and kernels, fats, oils, and greases, with

part of the second sentence of section 111 of such title,

which section related to miscellaneous statistics; with

the first sentence of section 123 of such title, which

section related to censuses of manufacturers, mineral

industries, and other businesses; with the second sentence of section 204 of such title, which section related

to censuses of population, agriculture, irrigation,

drainage, etc.; with the third sentence of section 216 of

such title, which section related to censuses of agriculture; with that part of subsection (b) of section 1442 of

title 42, U.S.C., 1952 ed., which made such sections 204

and 216 applicable to the censuses of housing; and

with part of section 251(b) of such title relating to censuses of governments.

Sections 82, 123 and 204 of title 13, U.S.C., 1952 ed.,

provided that the inquiries, etc., should be determined

by the Director of the Census, with the approval of

the Secretary of Commerce. Section 111 thereof provided that the Director of the Census should prepare

the schedules, etc., and sections 216 and 251(b) thereof

(the former amended in 1952, the latter enacted in

1950) provided that the inquiries, etc., should be determined by the Secretary of Commerce. This consolidated section vests such duties in the Secretary of Commerce, which is in conformity not only with such sections 216 and 251(b), but also with 1950 Reorganization Plan No. 5, §§ 1, 2, effective May 24, 1950, 15 P.R.

3174, 64 Stat. 1263. See Revision Note to section 4 of

this title.

Changes were made in phraseology.

For remainder of sections 111, 123, 204, 216, and 251

of title 13, U.S.C., 1952 ed., and of section 1442 of title

42, U.S.C., 1952 ed. (which has been transferred in its

entirety to this revised title), see Distribution Table.

AMENDMENTS

1976-Pub. L. 94-521 substituted "Questionnaires"

for "Schedules" in the section catchline and in the

text of the section.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-521 effective Oct. 17,

1976, see section 17 of Pub. L. 94-521, set out as a note

under section 1 of this title.

CROSS REFERENCES

Collection and publication of foreign commerce and

trade statistics, applicability of section to, see section

307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

§ 6. Information from other Federal departments and

agencies; acquisition of reports from other governmental and private sources

(a) The Secretary, whenever he considers it

advisable, may call upon any other department,

agency, or establishment of the Federal Government, or of the government of the District

of Columbia, for information pertinent to the

work provided for in this title.

(b) The Secretary may acquire, by purchase

or otherwise, from States, counties, cities, or

other units of government, or their instrumentalities, or from private persons and agencies,

such copies of records, reports, and other material as may be required for the efficient and

economical conduct of the censuses and surveys

provided for in this title.

(c) To the maximum extent possible and consistent with the kind, timeliness, quality and

scope of the statistics required, the Secretary

shall acquire and use information available

from any source referred to in subsection (a) or

(b) of this section instead of conducting direct

inquiries.

(Aug. 31, 1954, ch. 1158, 68 Stat, 1013; Aug, 28,

1957, Pub. L. 85-207, § 3, 71 Stat. 481; Oct. 17,

1976, Pub. L. 94-521, § 5(a), 90 Stat. 2460.)

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., §§ 122, 215, 252,

and section 1442 of title 42, U.S.C., 1952 ed., The

Public Health and Welfare (June 18, 1929, ch. 28, § 15,

46 Stat. 25; June 19, 1948, ch, 502, § 2, 62 Stat. 479;

July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441; Sept.

7, 1950, ch. 910, § 1, 64 Stat. 784).

Section consolidates section 215 of title 13, U.S.C.,

1952 ed., with those parts of sections 122 and 252 of

such title which respectively made such section 215

applicable to the quinquennial censuses of manufacturers and the mineral industries and other businessPage 654
TITLE 13-CENSUS

es, and governments, and with that part of subsection

(b) of section 1442 of title 42, U.S.C., 1952 ed., which

made such section 215 applicable to the decennial cen- suses of housing (see subchapters I, II, and III of

chapter 5 of this title). As originally enacted in 1929,

such section 215 had related only to the decennial censuses of population, agriculture, etc., the provisions

for which are continued in subchapter II of chapter 5

of this title.

The provisions, as revised in this section, relate, not

only to the censuses referred to above, but also, to all

other investigations provided for in this title. This was probably the Congressional intent.

Words in section 215 of title 13, U.S.C., 1952 ed., "on

request of the Director of the Census", were omitted

since all functions under this title are vested primarily

in the Secretary (of Commerce), in view of 1950 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.

Changes were made in phraseology.

For remainder of sections 122 and 252 of title 13,

U.S.C., 1952 ed., and of section 1442 of title 42, U.S.C.,

1952 ed. (which has been transferred in its entirety to

this revised title), see Distribution Table.

AMENDMENTS

1976-Pub. L. 94-521 substituted "Information from

other Federal departments and agencies; acquisition

of reports from other governmental and private

sources" for "Requests to other departments and offices for information, acquisition of reports from governmental and other sources" in the section catchline.

Subsec. (a). Pub. L. 94-521 substituted "considers"

for "deems", and "agency, or establishment of the

Federal Government, or U1 the government of the District of Columbia" for "or office of the Government".

Subsec. (c). Pub. L. 94-521 added subsec. (c).

1957-Pub. L. 85-207 added to the catchline the

words ", acquisition of reports from governmental and

other sources", designated existing provisions as subsec. (a), and added subsec. (b).

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-521 effective Oct. 17,

1976, see section 17 of Pub. L. 94-521, set out as a note

under section 1 of this title.

CROSS REFERENCES

Collection and publication of foreign commerce and

trade statistics, applicability of section to, see section

307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8. 307 of this

title.

§ 7. Printing; requisitions upon Public Printer; publication of bulletins and reports

The Secretary may make requisition upon the

Public Printer for miscellaneous printing necessary to carry out the provisions of this title. He

may further have printed by the Public Printer, in such editions as he deems necessary, preliminary and other census bulletins, and final

reports of the results of the several investigations authorized by this title, and may publish

and distribute such bulletins and reports.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1013.)

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., § 213, and section

1442 of title 42, U.S.C., 1952 ed., The Public Health

and Welfare (June 18, 1929, ch. 28, § 13, 46 Stat. 25;

July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441).

Section consolidates section 233 of title 13, U.S.C.,

1952 ed., with that part of subsection (b) of section

1442 of title 42, U.S.C., 1952 ed., which made such sec- tion 213 applicable to the censuses of housing.

The enumeration in section 213 of title 13, U.S.C.

1952 ed., of the types of printing ("Blanks, schedules,

circulars, pamphlets, envelopes, work shee'd") was omitted as unnecessary and covered by the words

"miscellaneous printing".

The provisions have been reworded to make it clear

that they relate to all statistical and census operations

under this title, and changes were made in phraseology.

For remainder of section 1442 of title 42, U.S.C.,

1952 ed. (which section has been transferred in its en- tirety to this revised title), see Distribution Table.

CROSS REFERENCES

Collection and publication of foreign commerce and

trade statistics, applicability of section to, see section

307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

§ 8. Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition

of fees received

(a) The Secretary may, upon written request,

furnish to any respondent, or to the heir, successor, or authorized agent of such respondent,

authenticated transcripts or copies of reports

(or portions thereof) containing information

furnished by, or on behalf of, such respondent

in connection with the surveys and census provided for in this title, upon payment of the

actual or estimated cost of searching the records and furnishing such transcripts or copies.

(b) Subject to the limitations contained in

sections 6(c) and 9 of this title, the Secretary

may furnish copies of tabulations and other

statistical materials which do not disclose the

information reported by, or on behalf of, any

particular respondent, and may make special

statistical compilations and surveys, for departments, agencies, and establishments of the Federal Government, the government of the District of Columbia, the government of any possession or area (including political subdivisions

thereof) referred to in section 191(a) of this

title, State or local agencies, or other public

and private persons and agencies, upon payment of the actual or estimated cost of such

work. In the case of nonprofit agencies or organizntions, the Secretary may engage in joint

statistical projects, the purpose of which are

otherwise authorized by law, but only if the

cost of such projects are shared equitably, as

determined by the Secretary.

(c) In no case shall information furnished

under this section be used to the detriment of

any respondent or other person to whom such

information relates, except in the prosecution

of alleged violations of this title.

(d) All moneys received in payment for work

or services enumerated under this section shall

he deposited in a separate account which may

be used to pay directly the costs of such work

or services, to repay appropriations which initially bore all or part of such costs, or to refund

excess sums when necessary.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Aug. 28,

1957, Pub. L. 85-207, § 4, 71 Stat. 481; Oct. 17,

1976, Pub. L. 94-521, § 6(a), 90 Stat. 2460.)

Page 655
TITLE 13-CENSUS

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., § 218, and section

1442 of title 42, U.S.C., 1952 ed., The Public Health

and Welfare (June 18, 1929, ch. 28, § 18, 46 Stat. 25;

July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441).

Section consolidates section 218 of title 13, U.S.C.,

1952 ed., with that part of subsection (b) of section

1442 of title 42, U.S.C., 1952 ed., which made such sec- tion 218 applicable to the censuses of housing. For re- mainder of such section 1442 of title 42 (which has

been transferred in its entirety to this revised title),

see Distribution Table.

References to the Secretary, meaning the Secretary

of Commerce, were substituted for references to the

Director of the Census, to conform with 1950 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. For the same reason, a reference in section

218 of title 13, U.S.C., 1952 ed., to the Bureau of the

Census was changed, in subsection (e) of this revised

section to "Department of Commerce or any bureau or

agency thereof".

Changes were made in phraseology and arrangement.

AMENDMENTS

1976-Pub. L. 94-521 substituted "Authenticated

transcripts or copies" for "Certified copies" in the section catchline.

Subsec. (a). Pub. L. 94-521 substituted provision that

the Secretary may furnish to any respondent, or the successor or authorized agent of such respondent,

transcripts or copies of reports containing information

furnished in connection with the surveys and census,

upon payment of the necessary costs, for provision

that authorized the Secretary, in his discretion, to furnish the Governors of States and Territories, courts of

record, and individuals, data for genealogical and

other proper purposes, from the population, agriculture, and housing schedules prepared under the authority of subchapter II of chapter 5 of this title, upon

payment of the necessary costs, plus one dollar for

supplying a certificate.

Subsec. (b). Pub. L. 94-521 added provision subjecting the Secretary to the limitations contained in sections 6(c) and 9 of this title, when furnishing statistical materials under this section, substituted "copies of

tabulations and other statistical materials" for "transcripts or copies of tables and other census records",

added provision that materials furnished under this

section may not disclose information reported by, or

on behalf of, a particular respondent, and substituted a provision enumerating the public and private establishments and individuals, on behalf of whom, special

statistical compilations may be conducted for provision that such compilations may be conducted on

behalf of State or local officials, private concerns, or individuals..

Subsec. (c). Pub. L. 94-521 struck out "the authority

of" following "furnished under", substituted "any re- spondent or other person" for "the persons", and

added "except in the prosecution of alleged violations

of this title" following "relates,".

1957-Subsec. (b). Pub. L. 85-207, § 4(a), added the

sentence respecting engagement in joint statistical

projects.

Subsec. (d). Pub. L. 85-207, § 4(b), required the deposit in a separate account of moneys received in payment for work or services, previously credited to an appropriation for collecting statistics, and permitted certain uses of such account.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub, L. 94-521 effective Oct. 17,

1976, see section 17 of Pub. L. 94-521, set out as a note

under section 1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section Is referred to in section 9 of this title;

title 5 section 552a.

§ 9. Information as confidential; exception

(a) Neither the Secretary, nor any other officer or employee of the Department of Commerce or bureau or agency thereof, may, except

as provided in section 8 of this title-

(1) use the information furnished under the

provisions of this title for any purpose other

than the statistical purposes for which it is

supplied; or

(2) make any publication whereby the data

furnished by any particular establishment or

individual under this title can be identified; or

3) permit anyone other than the sworn officers and employees of the Department or

bureau or agency thereof to examine the individual reports.

No department, bureau, agency, officer, or employee of the Government, except the Secretary in carrying out the purposes of this title,

shall require, for any reason, copies of census

reports which have been retained by any such

establishment or individual. Copies of census

reports which have been so retained shall be

immune from legal process, and shall not, without the consent of the individual or establishment concerned, be admitted a, evidence or

used frr any purpose in any action, suit, or

other judicial or administrative proceeding.

(b) The provisions of subsection (a) of this

section relating to the confidential treatment

of data for particular individuals and establishments, shall not apply to the censuses of governments provided for by subchapter III of

chapter 5 of this title, nor to interim current

data provided for by subchapter IV of chapter 5

of this title as to the subjects covered by censuses of governments, with respect to any information obtained therefor that is compiled

from, or customarily provided in, public records.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Oct. 15,

1962, Pub. L. 87-813, 76 Stat. 922.)

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., §§ 73, 83, 122, 208,

211, 252, and section 1442 of title 42, U.S.C., 1952 ed.,

The Public Health and Welfare (Aug. 7, 1916, ch. 274, § 3, 39 Stat. 437; Apr. 2, 1924, ch. 80, § 3, 43 Stat. 31;

June 18, 1929, ch. 28, §§8, 11, 21. 46 Stat. 23, 25, 26;

July 25, 1947, ch. 331, 61 Stat. 457; June 19, 1948, ch.

502, § 2. 62 Stat. 479; July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441; Sept. 7, 1950, ch, 910, § 2, 64 Stat.

784). Section consolidates parts of sections 73 and 83 of

title 13, U.S.C., 1952 ed., part of section 208 of such

title, section 211 of such title, that part of section 122

of such title which made such sections 208 and 211 ap- plicable to the quinquennial censuses of manufacturers, the mineral industries, and other businesses (see subchapter I of chapter 5 of this revised title), that

part of section 252 of such title which made such sections 208 and 211 applicable to the quinquennial censuses of governments (see subchapter III of chapter 5

of this revised title), the second proviso in such section

252, and that part of subsection (b) of section 1442 of

title 42, U.S.C., 1952 ed., which made such sections 208

and 211 applicable to the decennial censuses of housing (see subchapter II of chapter 5 of this revised

title).

Words "except as provided in section 8 of this title"

were inserted in opening phrase of subsection (a) for

the purpose of clarity.

Page 656
TITLE 13-CENSUS

References to the Secretary, the Department of

Commerce and bureaus and agencies thereof, and to

other officers and employees of such Department, bureaus or agercies, were substituted for references to

the Director of the Census, the "Census Office", and

the enumeration (in section 208 of title 13, U.S.C.,

1952 ed.) of certain types of employees, for the purpose of completeness, and to conform with 1950 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 penal provisions of sections 73, 83, and 208 of

title 13, U.S.C., 1952 ed., prescribing penalties for

wrongful disclosure of information, are set out in sec- tion 214 of this title.

Changes were made in phraseology.

For remainder of sections 122, 208, and 252 of title

13, U.S.C., 1952 ed., and of section 1442 of title 42,

U.S.C.. 1952 ed. (which section has been transferred in

its entirety to this revised title), see Distribution

Table.

AMENDMENTS

1962-Subsec. (a). Pub. L. 87-813 inserted sentences

stating that no department, bureau, agency, officer, or

employee of the Government, except the Secretary in

carrying out the purposes of this title, shall require,

for any reason, copies of census reports which have

been retained by any such establishment or individual,

and providing that copies of census reports which

have been so retained shall be immune from legal process, and shall not, without the consent of the individual or establishment, be admitted as evidence or used

for any purpose in any action, suit or other judicial or

administrative proceeding.

CROSS REFERENCES

Punishment for wrongfully publishing or communicating information, see section 1905 of Title 18, Crimes

and Criminal Proced.,re.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8, 23, 214 of

this title; title 42 sections 1973aa-5, 2000f.

[§ 10. Repealed. Pub. L. 86-682, § 12(a), Sept. 2, 1960,

7.1 Stat. 708, eff. Sept. 1, 19601

Section, act Aug. 31, 1954, ch. 1158, § 1, 68 Stat. 1014,

related to free transmittal of official mail in census

matters.

§ 11. Authorization of appropriations

There is authorized to be appropriated, out of

the Treasury of the United States, such sums

as may be necessary to carry out all provisions

of this title.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1014.)

HISTORICAL AND REVISION NOTES

Section is new, and has been inserted to supply the

customary authorization of appropriations necessary

in carrying out any of the provisions of this title.

CROSS REFERENCES

Collection and publication of foreign commerce and

trade statistics, applicability of section to, see section

307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

§ 12. Mechanical and electronic development

The Secretary is authorized to have conducted mechanical and electronic development work

as he determines is needed to further the functions and duties of carrying out the purposes of

this title and may enter into such developmental contracts as he may determine to be in the

best interest of the Government.

(Added Pub. L. 85-207, § 5, Aug. 28, 1957, 71

Stat. 481.)

§ 13. Procurement of professional services

The Secretary shall have authority to contract with educational and other research organizations for the preparation of monographs

and other reports and materials of a similar

nature.

(Added Pub. L. 85-207, § 5, Aug. 28, 1957, 71

Stat. 481.)

[§ l.I. Repealed. Pub. L. 89-173, § 2(a), June 29, 1966,

80 Stat. 2211

Section, Pub, L. 87-489, § 1(a), June 19, 1962, 76 Stat.

104, provided for reimbursement between appropriations, and is now covered by section 628a of Title 31,

Money and Finance.

SUBCHAPTER II-OFFICERS AND

EMPLOYEES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 211 to 214

of this title.

§ 21. Director of the Census; duties

The Bureau shall be headed by a Director of

the Census, appointed by the President, by and

with the advice and consent of the Senate. The

Director shall perform such duties as may be

imposed upon him by law, regulations, or

orders of the Secretary.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1014.)

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., § 2 (Mar. 6, 1902,

ch. 139, § 3, 32 Stat. 51; June 18, 1929, ch. 28, § 21, 46

Stat. 26). The provision of section 2 of title 13, U.S.C.,

1952 ed., which imposed upon the Director the duty to

superintend and direct the taking of censuses of the

United States was omitted in view of 1950 Reorganization Plan No. 5, effective May 24, 1950, 15 F.R. 3174,

64 Stat. 1263, which transferred all functions of all officers, employees, bureaus, and agencies of the Department of Commerce to the Secretary of Commerce, and

this title, as revised, vests such duty in the Secretary.

However, under section 4 of this title, he may delegate

his functions hereunder.

"Bureau" was substituted for "permanent Census

Office". See Revision Note to section 2 of this title.

At the end of this section, references to regulations,

and to orders of the Secretary, were added after "law"

in view of the changes effected by 1950 Reorganiza- tion Plan No. 5, referred to above.

Changes were made in phraseology.

CROSS REFERENCES

Collection and publication of foreign commerce and

trade statistics, applicability of section to, see section

307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

§ 22. Qualifications of permanent personnel

All permanent officers and employees of the

Bureau shall be citizens of the United States.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1014; Sept. 13,

1960, Pub. L. 86-769, § 1, 74 Stat. 911.)

Page 657/
TITLE 13-CENSUS

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., §§5. 6 (Mar. 6, 1902, ch. 139, §§ 5, 10, 32 Stat. 51, 53; June 18, 1929, ch.

28, § 21, 46 Stat. 26). Section consolidates section 5 of title 13, U.S.C., 1952

ed., with section 6 of such title.

A reference to "officers" was inserted for completeness, and the word "permanent" was inserted before

"officers and employees" for the purpose of clarity. The provision in section 5 of title 13, U.S.C., 1952 ed., excepting unskilled laborers from the require. ments for citizenship, was omitted as superseded and covered by the Classification Act of 1949 (5 U.S.C.,

1952 ed., ch. 21). The provision that appointments and compensation shall be subject to the Classification Act of 1949 is new but is in accordance with existing law. See chapter 21 of title 5, U.S.C., 1952 ed., Executive Departments and

Government Officers and Employees. The provision in section 5 of title 13, U.S.C., 1952

ed., giving priference in appointments to war veterans

and their widows, was omitted as superseded and cov- ered by the Veterans' Preference Act of 1944 (chapter 17 of Title 5, U.S.C.. 1952 ed., Executive Depa.rtments and Government OfLcers and Employees).

Changes were made in phraseology.

AMENDMENTS

1960-Pub. L. 86-769 deleted references to appoint. ment and compensation under the Civil Service laws

and the Classification Act of 1949.

PROGRAM FOR EMPLOYMENT OF SPANISH-ORIGIN

PERSONNEL IN THE BUREAU; REPORT TO CONGRESS

Pub. L. 94-311. § 6, June 16, 1976, 90 Stat. 689, pro. vided that: "The Department of Commerce shall implement an affirmative action program within the

Bureau of the Census for the employment of person- nel of Spanish origin or descent and shall submit a report to Congress within one year of the enactment

of this Act [June 16, 1976J on the progress of such

program."

CROSS REFERENCES

Citizenship requirement for federal employees com- pensated from appropriated funds, see section (99b of

Title 31, Money and Finance.

Collection and publication of foreign commerce and

trade statistics, applicability of section to, see section

307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section'is referred to in section 307 of this title.

§ 23. Additional officers and employees

(a) The Secretary may establish, at rates of

compensation to be fixed by him without

regard to the Classification Act of 1949, as many temporary positions as may be necessary

to meet the requirements of the work provided for by law. Bureau employees who are transferred to any such temporary positions shall

not lose their permanent civil service status by reason of the transfer. The Secretary may

make appointments to such temporary posi- tions in conformity with the civil service laws

and rules.

(b) In addition to employees of the Department of Commerce, employees of other departments and independent offices of the Government may, with the consent of the head of the

respective department or office, be employed

and compensated for field work in connection

with the work provided for by law without

regard to section 301 of the Dual Compensation

Act.

(c) The Secretary may utilize temporary staff, including employees of Federal, State, or local agencies or instrumentalities, and employ- ees of private organizations to assist the Bureau

in performing the work authorized by this title, but only If such temporary staff Is sworn to ob- serve the limitations imposed by section 9 of

this title.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1014; Sept. 13, 1960, Pub. L. 86-769, § 2, 74 Stat. 911; Aug. 19, 1964, Pub. L. 88-448, title IV, § 401(p), 78 Stat.

492; Oct. 17, 1976, Pub. L. 94-521, § 12(b), 90

Stat. 2465.)

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., §§ 203. 216, and section 1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June 18, 1929, ch. 28, §§ 3, 16, 46 Stat. 21, 25: July 6, 1949, ch. 298, §§ 1, 2, 63 Stat. 406; July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; July 16, 1952, ch, 912, 66 Stat. 736). Section consolidates parts of sections 203 and 216 of title 13, U.S.C., 1952 ed., with that part of subsection (b) of section 1442 of title 42, U.S.C., 1952 ed., which made such sections 203 and 216 applicable to the cen- suses of housing. Section 122 of title 13, U.S.C., 1952 ed,, which related

to quinquennial censuses of manufacturers, the miner- al industries, transportation, and other businesses (see subchapter I of chapter 5 of this revised title), and sec- tion 252 of title 13, U.S.C., 1952 ed., which related to

quinquennial censuses of governments (see subchapter III of chapter 5 of this title), made section 203 of such

title applicable to those censuses. However, since the

particular provisions of such section 203 that have

been carried into this revised section apparently related, as supplemented by section 1442(b) of title 42, U.S.C., 1952 ed., to the decennial censuses provided for

in sections 201 et seq. of such title, and in such section

1442 of title 42 (see subchapter II of chapter 5 of this

revised title), and apparently could have no relevancy to the quinquennial censuses referred to above, this

revised section relates only to such decennial censuses. In subsection (a), "Departmental Service" was substituted for "District of Columbia", since the Bureau

of the Census now has its headquarters in Maryland, and not in the District of Columbia.

In this section, a reference to the Bureau of the

Census was changed to a reference to the Department of Commerce, and references to the Director of the

Census were changed in all but one case to references

to the Secretary (of Commerce) to conform with 1950

Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15

P.R. 3174, 64 Stat. 1263. See Revision Note to section 4

of this title. The provision of section 203 of title 13, U.S.C., 1952 ed., that appointments under the particu- lar provisions thereof that have been carried into subsection (a) of this revised section should be made upon the recommendation of the Director of the Census, have been omitted from such subsection (a) for the same reason. Further, words "or to whatever other officer is designated by the Secretary to take the census provided for in sections 141 and 142 of this title" were inserted after "Director of the Census" in par. (1) of

subsection (a), to conform with such 1950 Reorganiza- tion Plan.

The first paragraph of section 203 of title 13, U.S.C., 1952 ed., which provided for the employment of two

assistant directors for each decennial census period, was omitted as obsolete and superseded, in view of sec- tion 122 of such title, which made such section 203 ap- plicable to the quinquennial censuses of manufactures

and other businesses, and to surveys (see subehapter IV of chapter 5 of this title), thus rendering such first

paragraph ineffective and meaningless. See also sec- tion 121(b) of title 13, U.S.C., 1952 ed.

The third proviso in the second paragraph of section

203 of title 13, U.S.C., 1952 ed., giving preference in apPage 658
TITLE 13-CENSUS

pointments to disabled war veterans, their widows,

and, under certain circumst,..nces, to their wives, was omitted as superseded and covered by the Veterans'

Preference Act of 1944 (chapter 17 of title 5, U.S.C.,

1952 ed., Executive Departments and Government Officers and Employees). Changes were made in phraseology and arrangement.

Remainder of section 203 of title 13, U.S.C., 1952 ed.,

is incorporated in this subchapter, and for remainder

of section 216 thereof, and of section 1442 of title 42,

U.S.C., 1952 ed. (which has been transferred in its en- tirety to this revised title), see Distribution Table.

REFERENCES IN TEXT

The Classification Act of 1949, referred to in subsec.

(a), was repealed and the provisions thereof reenacted as chapter 51 and subchapter III of chapter 53 of Title

5, Government Organization and Employees, by Pub.

L. 89-554, Sept. 6, 1966, 80 Stat. 378.

The civil service laws, referred to in subsec. (a), are set forth in Title 5, Government Organization and

Employees. See, particularly, section 3301 et seq. of

that title.

Section 301 of the Dual Compensation Act, referred

to in subsec. (b), which was classified to section 3105 of

Title 5, Executive Departments and Government Offi- cers and Employees, was repealed and the provisions

thereof reenactedl as section 5533 of Title 5, Government Organization and Employees, by Pub. L. 89-554,

Sept. 6, 1966, 80 Stat. 378.

AMENDMENTS

1976-Subsec. (c). Pub. L. 94-521 added subsec. (c).

1964-Subsec. (b). Pub. L. 88-448 Inserted words

"without regard to section 301 of the Dual Compensation Act".

1960-Subsec. (a). Pub. L. 86-769 substituted "The

Secretary may establish, at rates of compensation to

be fixed by him without regard to the Classification

Act of 1949, as many temporary positions as may be

necessary to meet the requirements of the work provided for by law. Bureau employees who are transferred to any such temporary positions shall not lose

their permanent civil service status by reason of the

transfer. The Secretary may make appointments to

such temporary positions in conformity with the civil

service laws and rules" for "The Secretary may appoint, without regard to the Classification Act of 1949,

at rates of compensation to be fixed by him, as many

temporary employees in the Departmental Service as

may be necessary to meet the requirements of the

work provided for in this title. Census employees who

are transferred to any such temporary positions shall

not lose their permanent Civil Service status by reason of the transfer. The Secretary shall make all such

temporary appointments in conformity with the Civil

Service laws and rules."

Subsec. (b). Pub. L. 86-769 substituted "by law" for

"in this title".

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-521 effective Oct. 17,

1976, see section 17 of Pub. L. 94-521, set out as a note

under section 1 of this title.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-448 effective on the first

day of the first month which begins later than the

ninetieth day following Aug. 19, 1964, see section 403

of Pub. L. 88-448.

Caoss REFERENCES

Collection and publication of foreign commerce and

trade statistics, applicability of section to, see section

307 of this title.

Duties of employees doing census work and making

surveys, see section 25 of this title.

Exemption of temporary positions in Bureau of the

Census from Classification Act of 1949, see section

5102 of Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

Thi, section is referred to in section 307 of this title;

title 5 sections 5102, 5533.

§ 2.1. Special employment provisions

(a) The Secretary may utilize the services of

nontemporary employees of the Bureau (by assignment, promotion, appointment, detail, or

otherwise) in temporary positions established

for any census, for not to exceed the period

during which appropriations are available for

that census. Whenever the Secretary determines that the services of an employee which

have been utilized under this section are no

longer required in such a temporary position,

he may, without regard to the provisions of any

other law, return the employee to a continuing

position, with rank and compensation not less

than that which he held in his last permanent

position in the Bureau: Provided, That no employee shall, by reason of his service in a temporary position under this subsection, lose the

protection of any law or regulation with respect

to his separation, suspension, furlough, or re- duction in rank or compensation below the

level held in his last permanent position in the

Bureau. Service by a nontemporary employee

in a temporary position under this subsection

shall be creditable for step-increases (both periodic and longevity) under title VII of the Classification Act of 194F, as amended, as though it

were a continuation of service in his last permanent position.

(b) As used in this title with respect to appointments or positions, "temporary" shall be

construed to mean not in excess of one year, or

not in excess of the specific period during

which appropriations are available for the conduct of a particular census, whichever is longer.

No employee of the Bureau who holds only a

temporary appointment within the meaning of

this section shall be considered as other than

strictly temporary for purposes of any other

provision of law relating to separations, suspensions, or reductions in rank or compensation.

(c) The enlisted men and officers of the uniformed services may be appointed and compensated for service in temporary enumerator positions for the enumeration of personnel of the

uniformed services.

(d) The Secretary may fix compensation on a

piece-price basis without limitation as to the

amount earned per diem, and payments may be

made to enumerators for the use of private

automobiles on official business without regard

to section 4 of the Travel Expense Act of 1949,

as amended (5 U.S.C. 837). but at rates not in

excess of the rates provided by that Act.

(e) The Secretary may authorize the expenditure of necessary sums for travel expenses of

persons selected for appointment for attendance at training courses held by the Department of Commerce with respect to any of the

work provided for by law.

(f) Notwithstanding any other provision of

law prohibiting the expenditure of public

money for telephone service, the Secretary,

under such regulations as he shall prescribe,

may authorize reimbursement for tolls or

Page 659
TITLE 13-CENSUS

charges for telephone service from private residences or private apartments to the extent such

charges are determined by the Secretary to

have been incurred to facilitate the collection

of information in connection with the censuses

and surveys authorized by this title.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1015; Sept. 13,

1960, Pub. L. 86-769, § 3, 74 Stat. 911; Aug. 31,

1964, Pub. L. 88-535, 74 Stat. 744.)

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., §§ 111, 122, 203,

252, and section 1442 of title 42, U.S.C. 1952 ed., The

Public Health and Welfare (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), elf. July 1, 1939, 4 P.R. 2731, 53

Stat. 1431; 1940 Reorganization Plan No. III,§ 3, eff.

June 30, 1940, 5 P.R. 2107, 54 Stat. 1232; June 25, 1947,

ch. 124, 61 Stat. 163; June 19, 1948, ch. 502, § 2, 62 Stat.

479; July 6, 1949, ch. 298, §§ 1, 2, 63 Stat. 406; July 15,

1949, ch. 338, title VI, § 607, 63 Stat. 441; Oct. 28, 1949,

ch. 782, title XI. § 1106(a), 63 Stat. 972; Sept. 7. 1950,

ch. 910, §§ 2, 4, 64 Stat. 784, 785).

Section consolidates those provisions of sections 111,

122, 203 and 252 of title 13, U.S.C., 1952 ed., which related to appointment of special personnel for census

work, collection of statistics, etc., and the use of permanent employees for such purpose, with that part of

subsection (b) of section 1442 of title 42, U.S.C., 1952

ed., which made such section 203 applicable to housing

censuses (subchapter II of chapter 5 of this title).

The provisions have been reworded to make it clear

that they relate to all collections of statistics, censuses, etc., provided for In this title.

References to the Director of the Census have been

changed to references to the Secretary (of Commerce)

to conform with 1950 Reorganization Plan No. 5, §§ 1,

2, eff. May 24, 1950, 15 P.R. 3174, 64 Stat. 1263. See

Revision Note to section 4 of this title.

Words "except that such special agents shall be appointed in accordance with the civil service laws" were

omitted as obsolete and unnecessary in view of the

Classification Act of 1949 (see 5 U.S.C., 1952 ed., ch.

21).

The provisions of section 203 of title 13, U.S.C., 1952

ed., relating to per diem rates of compensation for special agents, to authority to detail permanent employ- ees and special agents to act as supervisors or enumerators, and to duties thereof, were omitted as obsolete and superseded by the Classification Act of 1949.

The provision of section 203 of title 13, U.S.C., 1952

ed., that the Director of the Census might delegate to

the supervisors the authority to appoint enumerators, was omitted because all functions of the Director and

other officers and employees of the Department of

Commerce and its bureaus and agencies were transferred to the Secretary by 1950 Reorganization Plan

No. 5, referred to above. However, section 4 of this

title provides for delegation of functions by the Secretary.

Words "on a temporary basis" were inserted after

"appointed" in subsection (a) for the purpose of clarity.

Changes were made in phraseology and arrangement.

Remainder of section 203 of title 13, U.S.C., 1952 ed.,

is incorporated in this subchapter, and for remainder

of sections 111, 122 and 252 thereof, and of section

1442 of title 42, U.S.C., 1952 ed. (which has been transferred in its entirety to this revised title), see Distribution Table.

REFERENCES IN TEXT

Title VII of the Classification Act of 1949, as amended, referred to in subsec. (a), which was classified to

sections 1121 to 1123 of Title 5, Executive Departments and Government Officers and Employees, was

repealed and the provisions thereof reenacted as sections 5335 and 5336 of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966,

80 Stat. 378.

Section 4 of the Travel Expense Act of 1949, as

amended (5 U.S.C. 837), referred to in subsec. (d), was repealed and the provisions thereof reenacted as section 5704 of Title 5. Government Organization and

Employees, by Pub. L. 89-554, Sept. 6. 1966, 80 Stat.

378.

AMENDMENTS

1964-Subsec. (f), Pub. L. 88- 535 added subsec. (f).

1960-Pub. L. 86-769 amended section generally, and

among other change3, permitted the utilization of

nontemporary employees in temporary service, and

their return, when the Secretary so determines, to a continuing position with rank and compensation not

less than that of their last permanent position, with

no loss of protection of any law or regulation with respect to their separation, suspension, furlough or reduction in rank or compensation below their last permanent position, provided that service by nontemporary employees in temporary positions is creditable for

step-increases as though a continuation of their last

permanent positions, defined "temporary", and provided for payments to enumerators for the use of private automobiles on official business.

SALARY PROTECTION FOR EMPLOYEES SUBJECT TO

CLASSIFICATION ACT OF 1949

Special provisions of this section respecting utilization of nontemporary employees of the Bureau of the

Census in temporary positions in connection with any census unaffected by provisions for salary protection

to employees subject to Classification Act of 1949, see

section 103 of Pub. L. 87-270, title I, Sept. 21. 1961, 75

Stat, 569.

CROSS REFERENCES

Collection and publication of foreign commerce and

trade statistics, applicability of section to, see section

307 of this title.

Duties of employees doing census work and making

surveys, see section 25 of this title.

SECTION REFERRED TO IN OTHER SLCTIONS

This section is referred to in section 307 of this title.

§ 25. Duties of supervisors, enumerators, and other

employees

(a) Each supervisor shall perform the duties

imposed upon him by the Secretary in the enforcement of chapter 5 of this title in accordance with the Secretary's orders and instructions.

(b) Each enumerator or other employee detailed to serve as enumerator shall be charged

with the collection in his subdivision of the

facts and statistics called for on such schedules

as the Secretary determines shall be used by

him in connection with any census or survey

provided for by chapter 5 of this title.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1015; Aug. 31,

1964, Pub. L. 88-530, 78 Stat. 737.)

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed.. §§ 122, 205, and

section 1442 of title 42, U.S.C., 1952 ed., The Public

Health and Welfare (June 18, 1929, ch. 28, § 5, 46 Stat.

22; June 19, 1948, ch. 502, § 2, 62 Stat. 479; July 15,

1949, ch. 338, title VI, § 607, 63 Stat. 441).

Section consolidates section 205 of title 13, U.S.C.,

1952 ed., with that part of section 122 o1 such title

which made such section 205 applicable to the surveys

provided for by section 121 of such title (see subchapter IV of chapter 5), and with that part of subsection (b) of section 1442 of title 42, U.S.C., 1952 ed.,

Page 660
TITLE 13-CENSUS

which made such section 205 applicable to the cen- suses of housing.

References to the Secretary, meaning the Secretary of Commerce, were substituted for references to the

Director of the Census, to conform with 1950 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.

Changes were made in phraseology and arrangement.

AMENDMENTS

1964-Subsec. (c). Pub. L. 88-530 repealed subsec. (c)

which related to the duties of enumerators in the

Bureau of tie Census.

§ 26. Transportation by contract

The Secretary may contract with field employees for the rental and use within the continental limits of the United States of means of

transportation, other than motorcycle, automobile, or airplane, and for the rental and use

outside of the continental United States of any

means of transportation, which means may be

owned by the field employee. Such rental contracts shall be made without regard to section 4

of the Travel Expense Act of 1949, as amended

(5 U.S.C. 837). The rentals shall be at rates

equivalent to the prevailing rental rates of the

locality. The rental contracts within the continental United States may be entered into only

when the use by the field employee of such

other means of transportation is safer, more economical, or more advantageous to the Government than use of his motorcycle, automobile, or airplane in conducting the census.

(Added Pub. L. 85-207, § 6, Aug. 28, 1957, 71

Stat. 482.)

REFERENCES IN TEXT

Section 4 of the Travel Expense Act of 1949, as amended (5 U.S.C. 837), referred to In text, was re- pealed and the provisions thereof reenacted as section

5704 of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378.

CliAPTER 3-COLLECTION ANI) PUBLICATION

OF STATISTICS

SUBCHAPTER I-COTTON

See.

41. Collection and publication.

42. Contents of reports; number of bales of linter;

distribution; publication by Department of Agriculture.

43. Records and reports of cotton ginners.

44, Foreign cotton statistics.

45. Simultaneous publication of cotton reports.

SUBCHAPTER II-OILSEEDS, NUTS, AND

KERNELS: FATS, OILS, AND GREASES

61. Collection and publication.

62. Additional statistics.

63. Duplicate collection of statistics prohibited: access to available statistics.

SUBCHAPTER III-MISCELLANEOUS

101. Defective, dependent, and delinquent classes;

crime.

102. Religion.

103. Designation of reports.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 307 of this title.

71-999 0 - 77 - 44 - Vol. 3

SUBCHAPTER 0. - 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 export.

ed, with the country of origin and destination.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1016.)

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., § 71 (Apr. 2, 1924,

ch. 80, § 1, 43 Stat. 31; June 18, 1929, ch. 28, § 21, 46

Stat. 26). "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, 64

Stat. 1263. See Revision Note to sectien 4 of this title.

Changes were made in phraseology and arrangement.

§ 42. Contents of reports; number of bales of linter;

distribution; publication by )epartment 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 con- suming 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, 68 Stat. 1016; June 30,

1972, Pub. L. 92-331, § 4, 86 Stat. 400.)

HISTORICAL AND REVISION NOTES

Based on title 13. U.S.C., 1952 ed., §§ 72, 72a (Apr. 2,

1924, ch. 80, § 2, 43 Stat. 31; June 18, 1929, ch. 28, § 21,

Page 661