US (United States) Code. Title 13. Chapter 1: Administration

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Census

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publicidad

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13 USC CHAPTER 1 - ADMINISTRATION 01/06/03

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TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

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-HEAD-

CHAPTER 1 - ADMINISTRATION

-MISC1-

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; publication of

bulletins and reports.

8. Authenticated transcripts or copies of certain returns; other

data; restriction on use; disposition of fees received.

9. Information as confidential; exception.

10. (FOOTNOTE 1) Mail matter.

(FOOTNOTE 1) Section repealed by Pub. L. 86-682 without

corresponding amendment of chapter analysis.

11. Authorization of appropriations.

12. Mechanical and electronic development.

13. Procurement of professional services.

(14. Repealed.)

15. Leases for 1980 decennial census.

16. Address information reviewed by local governments. (FOOTNOTE 2)

(FOOTNOTE 2) So in original. Does not conform to section

catchline.

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. (FOOTNOTE 3)

(FOOTNOTE 3) Section catchline amended by Pub. L. 86-769 without

corresponding amendment of chapter analysis.

25. Duties of supervisors, enumerators, and other employees.

26. Transportation by contract.

AMENDMENTS

1994 - Pub. L. 103-430, Sec. 2(d), Oct. 31, 1994, 108 Stat. 4394,

added item 16.

1979 - Pub. L. 96-52, Sec. 1(b), Aug. 13, 1979, 93 Stat. 358,

added item 15.

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

1976, 90 Stat. 2459-2461, inserted 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, Sec. 2(b), June 29, 1966, 80 Stat. 221,

struck out item 14 ''Reimbursement between appropriations''. Pub.

L. 89-473 was subsequently repealed by Pub. L. 97-258, Sec. 5(b),

Sept. 13, 1982, 92 Stat. 1068.

1962 - Pub. L. 87-489, Sec. 1(b), June 19, 1962, 76 Stat. 104,

added item 14.

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

inserted '', acquisition of reports from governmental and other

sources'' in item 6, and added items 12, 13 and 26.

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CHAPTER REFERRED TO IN OTHER SECTIONS

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

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13 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

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SUBCHAPTER I - GENERAL PROVISIONS

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13 USC Sec. 1 01/06/03

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TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1. Definitions

-STATUTE-

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, proprietorship, 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.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Pub. L. 94-521, Sec. 1,

Oct. 17, 1976, 90 Stat. 2459.)

-MISC1-

HISTORICAL AND REVISION NOTES

Section is new, and was inserted to eliminate the necessity 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 this section and sections 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 this section) shall take effect on October

1, 1976, or on the date of the enactment of this Act (Oct. 17,

1976), whichever date is later''.

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(7) (div. B, title XII,

subtitle E, Sec. 1251), Nov. 29, 1999, 113 Stat. 1536, 1501A-505,

provided that: ''This subtitle (amending section 301 of this title

and enacting provisions set out as notes under section 301 of this

title) may be cited as the 'Proliferation Prevention Enhancement

Act of 1999'.''

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-430, Sec. 1, Oct. 31, 1994, 108 Stat. 4393, provided

that: ''This Act (enacting section 16 of this title, amending

sections 9 and 214 of this title and section 412 of Title 39,

Postal Service, and enacting provisions set out as a note under

section 16 of this title) may be cited as the 'Census Address List

Improvement Act of 1994'.''

SEPARABILITY

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

above) 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.''

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SECTION REFERRED TO IN OTHER SECTIONS

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

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13 USC Sec. 2 01/06/03

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TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

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Sec. 2. Bureau of the Census

-STATUTE-

The Bureau is continued as an agency within, and under the

jurisdiction of, the Department of Commerce.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

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

139, Sec. 1, 32 Stat. 51; Feb. 14, 1903, ch. 552, Sec. 4, 32 Stat.

826; Mar. 4, 1913, ch. 141, Sec. 1, 37 Stat. 736; June 18, 1929,

ch. 28, Sec. 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.

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SECTION REFERRED TO IN OTHER SECTIONS

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

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13 USC Sec. 3 01/06/03

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TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 3. Seal

-STATUTE-

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.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Pub. L. 85-207, Sec. 2,

Aug. 28, 1957, 71 Stat. 481; Pub. L. 94-521, Sec. 2, Oct. 17, 1976,

90 Stat. 2459.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on acts Mar. 3, 1899, ch. 419, Sec. 31, 30 Stat. 1021; Mar.

6, 1902, ch. 139, Sec. 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 should 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, Sec. 4, 32 Stat. 826. Act Mar. 4,

1913, ch. 141, Sec. 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 Commerce. 1950 Reorganization Plan No. 5, Sec. 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 recognition 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.

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SECTION REFERRED TO IN OTHER SECTIONS

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

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13 USC Sec. 4 01/06/03

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TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 4. Functions of Secretary; regulations; delegation

-STATUTE-

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.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 94-521, Sec. 3(a),

Oct. 17, 1976, 90 Stat. 2459.)

-MISC1-

HISTORICAL AND REVISION NOTES

Section is new, and was inserted to conform with 1950

Reorganization Plan No. 5, effective May 24, 1950, Sec. 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 section 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 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 inserted ''regulations;'' in 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 delegation of

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 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

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13 USC Sec. 5 01/06/03

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TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

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

-STATUTE-

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.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 94-521, Sec. 4(a),

Oct. 17, 1976, 90 Stat. 2459.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 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, Sec. 7, 32 Stat. 52;

June 7, 1906, ch. 3048, 34 Stat. 218; Aug. 7, 1916, ch. 274, Sec.

2, 39 Stat. 437; June 18, 1929, ch. 28, Sec. 3, 4, 16, 46 Stat. 21,

22, 25; 1939 Reorganization Plan No. II, Sec. 4(e), eff. July 1,

1939, 4 F.R. 2731, 53 Stat. 1431; 1940 Reorganization Plan No. III,

Sec. 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, Sec. 3, 62

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

441; Sept. 7, 1950, ch. 910, Sec. 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 cottonseed, 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, Sec. 1, 2, effective 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 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 section catchline and in text.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

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13 USC Sec. 6 01/06/03

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TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6. Information from other Federal departments and agencies;

acquisition of reports from other governmental and private

sources

-STATUTE-

(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.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 85-207, Sec. 3,

Aug. 28, 1957, 71 Stat. 481; Pub. L. 94-521, Sec. 5(a), Oct. 17,

1976, 90 Stat. 2460.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Welfare (June 18, 1929, ch. 28, Sec. 15, 46 Stat. 25; June 19,

1948, ch. 502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title

VI, Sec. 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, Sec. 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

businesses, 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 censuses 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, Sec. 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 section catchline.

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

''deems'', and ''agency, or establishment of the Federal

Government, or of 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 inserted '', acquisition of reports from

governmental and other sources'' in section catchline, 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

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13 USC Sec. 7 01/06/03

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TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 7. Printing; requisitions upon Public Printer; publication of

bulletins and reports

-STATUTE-

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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 213, and section 1442

of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June

18, 1929, ch. 28, Sec. 13, 46 Stat. 25; July 15, 1949, ch. 338,

title VI, Sec. 607, 63 Stat. 441).

Section consolidates section 213 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 section 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 sheets'') 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 entirety to this revised

title), see Distribution Table.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

13 USC Sec. 8 01/06/03

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TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 8. Authenticated transcripts or copies of certain returns;

other data; restriction on use; disposition of fees received

-STATUTE-

(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 organizations, 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 be 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.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 85-207, Sec. 4,

Aug. 28, 1957, 71 Stat. 481; Pub. L. 94-521, Sec. 6(a), Oct. 17,

1976, 90 Stat. 2460.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 218, and section 1442

of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June

18, 1929, ch. 28, Sec. 18, 46 Stat. 25; July 15, 1949, ch. 338,

title VI, Sec. 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 section 218 applicable to the

censuses of housing. For remainder 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, Sec. 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 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 inserted 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'', inserted 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'' after

''furnished under'', substituted ''any respondent or other person''

for ''the persons'', and inserted ''except in the prosecution of

alleged violations of this title'' after ''relates,''.

1957 - Subsec. (b). Pub. L. 85-207, Sec. 4(a), inserted sentence

at end respecting engagement in joint statistical projects.

Subsec. (d). Pub. L. 85-207, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9 of this title; title 5

section 552a; title 8 sections 1255a, 1367.

-CITE-

13 USC Sec. 9 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 9. Information as confidential; exception

-STATUTE-

(a) Neither the Secretary, nor any other officer or employee of

the Department of Commerce or bureau or agency thereof, or local

government census liaison, may, except as provided in section 8 or

16 or chapter 10 of this title or section 210 of the Departments of

Commerce, Justice, and State, the Judiciary, and Related Agencies

Appropriations Act, 1998 or section 2(f) of the Census of

Agriculture Act of 1997 -

(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 as evidence

or used for 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.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 87-813, Oct. 15,

1962, 76 Stat. 922; Pub. L. 101-533, Sec. 5(b)(2), Nov. 7, 1990,

104 Stat. 2348; Pub. L. 103-430, Sec. 2(b), Oct. 31, 1994, 108

Stat. 4394; Pub. L. 105-113, Sec. 4(a)(1), Nov. 21, 1997, 111 Stat.

2276; Pub. L. 105-119, title II, Sec. 210(k), Nov. 26, 1997, 111

Stat. 2487.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 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, Sec. 3, 39 Stat. 437;

Apr. 2, 1924, ch. 80, Sec. 3, 43 Stat. 31; June 18, 1929, ch. 28,

Sec. 8, 11, 21, 46 Stat. 23, 25, 26; July 25, 1947, ch. 331, 61

Stat. 457; June 19, 1948, ch. 502, Sec. 2, 62 Stat. 479; July 15,

1949, ch. 338, title VI, Sec. 607, 63 Stat. 441; Sept. 7, 1950, ch.

910, Sec. 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 applicable 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.

References to the Secretary, the Department of Commerce and

bureaus and agencies thereof, and to other officers and employees

of such Department, bureaus or agencies, 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, Sec. 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 section 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.

-REFTEXT-

REFERENCES IN TEXT

Section 210 of the Departments of Commerce, Justice, and State,

the Judiciary, and Related Agencies Appropriations Act, 1998,

referred to in subsec. (a), is section 210 of Pub. L. 105-119,

title II, Nov. 26, 1997, 111 Stat. 2483, which amended this section

and enacted provisions set out as a note under section 141 of this

title.

Section 2(f) of the Census of Agriculture Act of 1997, referred

to in subsec. (a), is classified to section 2204g(f) of Title 7,

Agriculture.

-MISC2-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-119, which directed the

substitution, in introductory provisions, of ''of this title or

section 210 of the Departments of Commerce, Justice, and State, the

Judiciary, and Related Agencies Appropriations Act, 1998 - '' for

''of this title - '', was executed by substituting ''of this title

or section 210 of the Departments of Commerce, Justice, and State,

the Judiciary, and Related Agencies Appropriations Act, 1998'' for

''of this title'' to reflect the probable intent of Congress and

the amendment by Pub. L. 105-113. See below.

Pub. L. 105-113 inserted ''or section 2(f) of the Census of

Agriculture Act of 1997'' after ''chapter 10 of this title''.

1994 - Subsec. (a). Pub. L. 103-430 inserted ''or local

government census liaison,'' after ''thereof,'' and ''or 16'' after

''section 8''.

1990 - Subsec. (a). Pub. L. 101-533 inserted ''or chapter 10''

after ''section 8''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

title 7 section 2204g; title 22 section 3144; title 42 sections

1973aa-5, 2000f, 6274, 11608; title 50 App. section 2411.

-CITE-

13 USC Sec. 10 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

(Sec. 10. Repealed. Pub. L. 86-682, Sec. 12(a), Sept. 2, 1960, 74

Stat. 708, eff. Sept. 1, 1960)

-MISC1-

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

related to free transmittal of official mail in census matters.

-CITE-

13 USC Sec. 11 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 11. Authorization of appropriations

-STATUTE-

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.

-SOURCE-

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

-MISC1-

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.

BUREAU OF THE CENSUS WORKING CAPITAL FUND

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec.

210), Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:

''There is hereby established the Bureau of the Census Working

Capital Fund, which shall be available without fiscal year

limitation, for expenses and equipment necessary for the

maintenance and operation of such services and projects as the

Director of the Census Bureau determines may be performed more

advantageously when centralized: Provided, That such central

services shall, to the fullest extent practicable, be used to make

unnecessary the maintenance of separate like services in the

divisions and offices of the Bureau: Provided further, That a

separate schedule of expenditures and reimbursements, and a

statement of the current assets and liabilities of the Working

Capital Fund as of the close of the last completed fiscal year,

shall be prepared each year: Provided further, That notwithstanding

31 U.S.C. 3302, the Working Capital Fund may be credited with

advances and reimbursements from applicable appropriations of the

Bureau and from funds of other agencies or entities for services

furnished pursuant to law: Provided further, That any inventories,

equipment, and other assets pertaining to the services to be

provided by such funds, either on hand or on order, less the

related liabilities or unpaid obligations, and any appropriations

made hereafter for the purpose of providing capital, shall be used

to capitalize the Working Capital Fund: Provided further, That the

Working Capital Fund shall provide for centralized services at

rates which will return in full all expenses of operation,

including depreciation of fund plant and equipment, amortization of

automated data processing software and hardware systems, and an

amount necessary to maintain a reasonable operating reserve as

determined by the Director.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

13 USC Sec. 12 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 12. Mechanical and electronic development

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 85-207, Sec. 5, Aug. 28, 1957, 71 Stat. 481.)

-CITE-

13 USC Sec. 13 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 13. Procurement of professional services

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 85-207, Sec. 5, Aug. 28, 1957, 71 Stat. 481.)

-CITE-

13 USC Sec. 14 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

(Sec. 14. Repealed. Pub. L. 89-473, Sec. 2(a), June 29, 1966, 80

Stat. 221)

-MISC1-

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

104, provided for reimbursement between appropriations. See

section 1534 of Title 31, Money and Finance.

REPEALS

Pub. L. 89-473, June 29, 1966, 80 Stat. 221, which repealed this

section and struck out item 14 in the analysis of sections

comprising this chapter, was itself repealed by Pub. L. 97-258,

Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068.

-CITE-

13 USC Sec. 15 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 15. Leases for 1980 decennial census

-STATUTE-

The 15 percent limitation contained in section 322 (FOOTNOTE 1)

of the Act of June 30, 1932 (47 Stat. 412; 40 U.S.C. 278a) shall

not apply to leases entered into by the Secretary for the purpose

of carrying out the 1980 decennial census, but no lease may be

entered into for such purpose at a rental in excess of 105 percent

of the appraised fair annual rental of the leased premises, or a

proportionate part of the appraised fair annual rental in the case

of a lease for less than a year.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Added Pub. L. 96-52, Sec. 1(a), Aug. 13, 1979, 93 Stat. 358.)

-REFTEXT-

REFERENCES IN TEXT

Section 322 of the Act of June 30, 1932 (47 Stat. 412; (former)

40 U.S.C. 278a), referred to in text, was repealed by Pub. L.

100-678, Sec. 7, Nov. 17, 1988, 102 Stat. 4052.

-CITE-

13 USC Sec. 16 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 16. Address information reviewed by States and local

governments

-STATUTE-

(a) The Secretary, to assist efforts to ensure the accuracy of

censuses and surveys under this title, shall -

(1) publish standards defining the content and structure of

address information which States and local units of general

purpose government may submit to the Secretary to be used in

developing a national address list;

(2)(A) develop and publish a timetable for the Bureau to

receive, review, and respond to submissions of information under

paragraph (1) before the decennial census date; and

(B) provide for a response by the Bureau with respect to such

submissions in which the Bureau specifies its determinations

regarding such information and the reasons for such

determinations; and

(3) be subject to the review process developed under section 3

of the Census Address List Improvement Act of 1994 relating to

responses pursuant to paragraph (2).

(b)(1) The Secretary -

(A) shall provide officials who are designated as census

liaisons by a local unit of general purpose government with

access to census address information for the purpose of verifying

the accuracy of the address information of the Bureau for census

and survey purposes; and

(B) together with such access, should provide an explanation of

duties and obligations under this title.

(2) Access under paragraph (1) shall be limited to address

information concerning addresses within the local unit of general

purpose government represented by the census liaison or an adjacent

local unit of general purpose government.

(3) The Bureau should respond to each recommendation made by a

census liaison concerning the accuracy of address information,

including the determination (and reasons therefor) of the Bureau

regarding each such recommendation.

(4) For the purposes of paragraph (1), in a case in which a local

unit of general purpose government is within another local unit of

general purpose government and is not independent of the enclosing

unit, the census liaison shall be designated by the local unit of

general purpose government which is within the enclosing local unit

of general purpose government.

(5) A census liaison may not use information made available under

paragraph (1) for any purpose other than the purpose specified in

paragraph (1).

(c) For the purposes of this section -

(1) the term ''local unit of general purpose government'' has

the meaning given such term by section 184(1) of this title; and

(2) the term ''State'' includes the District of Columbia, the

Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, American Samoa, Guam, the Virgin Islands, and

any other territory or possession of the United States.

-SOURCE-

(Added Pub. L. 103-430, Sec. 2(a), Oct. 31, 1994, 108 Stat. 4393.)

-REFTEXT-

REFERENCES IN TEXT

Section 3 of the Census Address List Improvement Act of 1994,

referred to in subsec. (a)(3), is section 3 of Pub. L. 103-430, set

out below.

-MISC2-

DEVELOPMENT OF APPEALS PROCESS BY ADMINISTRATOR OF OFFICE OF

INFORMATION AND REGULATORY AFFAIRS

Section 3 of Pub. L. 103-430 provided that: ''The Administrator

of the Office of Information and Regulatory Affairs, acting through

the Chief Statistician and in consultation with the Bureau of the

Census, shall develop an appeals process for those States and local

units of general purpose government which desire to appeal

determinations of the Bureau of the Census pursuant to section

16(a)(2) or (b)(3) of title 13, United States Code. Appeals under

such process shall be resolved before the decennial census date.

The Chief Statistician shall publish the proposed appeals process

for a period of public comment before finalizing such process.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9, 214 of this title.

-CITE-

13 USC SUBCHAPTER II - OFFICERS AND EMPLOYEES 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER II - OFFICERS AND EMPLOYEES

.

-HEAD-

SUBCHAPTER II - OFFICERS AND EMPLOYEES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 211 to 214 of this

title.

-CITE-

13 USC Sec. 21 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-

Sec. 21. Director of the Census; duties

-STATUTE-

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.

-SOURCE-

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

-MISC1-

HISTORICAL AND REVISION NOTES

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

139, Sec. 3, 32 Stat. 51; June 18, 1929, ch. 28, Sec. 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 Reorganization Plan No. 5, referred to

above.

Changes were made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

13 USC Sec. 22 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-

Sec. 22. Qualifications of permanent personnel

-STATUTE-

All permanent officers and employees of the Bureau shall be

citizens of the United States.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1014; Pub. L. 86-769, Sec. 1,

Sept. 13, 1960, 74 Stat. 911.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 5, 6 (Mar. 6, 1902, ch.

139, Sec. 5, 10, 32 Stat. 51, 53; June 18, 1929, ch. 28, Sec. 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 requirements 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

preference in appointments to war veterans and their widows, 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.

AMENDMENTS

1960 - Pub. L. 86-769 struck out references to appointment and

compensation under the Civil Service laws and the Classification

Act of 1949.

PROGRAM FOR EMPLOYMENT OF SPANISH-ORIGIN PERSONNEL IN BUREAU;

REPORT TO CONGRESS

Pub. L. 94-311, Sec. 6, June 16, 1976, 90 Stat. 689, required

Department of Commerce to implement an affirmative action program

within Bureau of the Census for employment of personnel of Spanish

origin or descent and to submit a report to Congress within one

year of June 16, 1976, on progress of such program.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

13 USC Sec. 23 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-

Sec. 23. Additional officers and employees

-STATUTE-

(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 positions 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 employees of private organizations to assist

the Bureau in performing the work authorized by this title, but

only if such temporary staff is sworn to observe the limitations

imposed by section 9 of this title.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1014; Pub. L. 86-769, Sec. 2,

Sept. 13, 1960, 74 Stat. 911; Pub. L. 88-448, title IV, Sec.

401(p), Aug. 19, 1964, 78 Stat. 492; Pub. L. 94-521, Sec. 12(b),

Oct. 17, 1976, 90 Stat. 2465.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 203, 216, and section

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

(June 18, 1929, ch. 28, Sec. 3, 16, 46 Stat. 21, 25; July 6, 1949,

ch. 298, Sec. 1, 2, 63 Stat. 406; July 15, 1949, ch. 338, title VI,

Sec. 607, 63 Stat. 441; Oct. 28, 1949, ch. 782, title XI, Sec.

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 censuses of housing.

Section 122 of title 13, U.S.C., 1952 ed., which related to

quinquennial censuses of manufacturers, the mineral industries,

transportation, and other businesses (see subchapter I of chapter 5

of this revised title), and section 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, Sec. 1, 2, eff. May 24, 1950,

15 F.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 particular 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

Reorganization 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 section 122 of such title, which made such

section 203 applicable to the quinquennial censuses of manufactures

and other businesses, and to surveys (see subchapter IV of chapter

5 of this title), thus rendering such first paragraph ineffective

and meaningless. See also section 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 appointments to disabled

war veterans, their widows, and, under certain circumstances, 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 entirety to this revised title), see

Distribution Table.

-REFTEXT-

REFERENCES IN TEXT

The Classification Act of 1949, referred to in subsec. (a), is

act Oct. 28, 1949, ch. 782, 63 Stat. 954, as amended, which was

repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632,

and reenacted by the first section thereof as chapter 51 and

subchapter III of chapter 53 of Title 5, Government Organization

and Employees.

The civil service laws, referred to in subsec. (a), are set forth

in Title 5. See, particularly, section 3301 et seq. of Title 5.

Section 301 of the Dual Compensation Act, referred to in subsec.

(b), which was classified to section 3105 of former Title 5,

Executive Departments and Government Officers and Employees, was

repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 632,

and reenacted by the first section thereof as section 5533 of Title

5.

-MISC2-

AMENDMENTS

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

1964 - Subsec. (b). Pub. L. 88-448 inserted ''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 first day of first month

which begins later than ninetieth day following Aug. 19, 1964, see

section 403 of Pub. L. 88-448.

TEMPORARY POSITIONS RELATING TO DECENNIAL CENSUSES

Pub. L. 106-553, Sec. 1(a)(2) (title II, Sec. 204), Dec. 21,

2000, 114 Stat. 2762, 2762A-78, provided that: ''None of the funds

provided in this or any previous Act, or hereinafter made available

to the Department of Commerce, shall be available to reimburse the

Unemployment Trust Fund or any other fund or account of the

Treasury to pay for any expenses authorized by section 8501 of

title 5, United States Code, for services performed by individuals

appointed to temporary positions within the Bureau of the Census

for purposes relating to the decennial censuses of population.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-113, div. B, Sec. 1000(a)(1) (title II, Sec. 204),

Nov. 29, 1999, 113 Stat. 1535, 1501A-31.

Pub. L. 105-277, div. A, Sec. 101(b) (title II, Sec. 204), Oct.

21, 1998, 112 Stat. 2681-50, 2681-86.

Pub. L. 105-119, title II, Sec. 204, Nov. 26, 1997, 111 Stat.

2479.

Pub. L. 104-208, div. A, title I, Sec. 101(a) (title II, Sec.

204), Sept. 30, 1996, 110 Stat. 3009, 3009-39.

Pub. L. 104-134, title I, Sec. 101((a)) (title II, Sec. 204),

Apr. 26, 1996, 110 Stat. 1321, 1321-30; renumbered title I, Pub. L.

104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327.

Pub. L. 103-317, title II, Sec. 204, Aug. 26, 1994, 108 Stat.

1749.

Pub. L. 103-121, title II, Sec. 204, Oct. 27, 1993, 107 Stat.

1177.

Pub. L. 102-395, title II, Sec. 204, Oct. 6, 1992, 106 Stat.

1855.

Pub. L. 102-140, title II, Sec. 204, Oct. 28, 1991, 105 Stat.

806.

Pub. L. 101-515, title I, Sec. 104, Nov. 5, 1990, 104 Stat. 2108.

Pub. L. 101-382, title I, Sec. 141, Aug. 20, 1990, 104 Stat. 654,

provided that:

''(a) General Rule. - The determination of whether temporary 1990

census services constitute 'Federal service' for purposes of

subchapter I of chapter 85 of title 5, United States Code, shall be

made under the provisions of such subchapter without regard to any

provision of law not contained in such subchapter.

''(b) Temporary 1990 Census Services. - For purposes of

subsection (a), the term 'temporary 1990 census services' means

services performed by individuals appointed to temporary positions

within the Bureau of the Census for purposes relating to the 1990

decennial census of population (as determined under regulations

determined by the Secretary of Commerce).''

Pub. L. 101-302, title II, May 25, 1990, 104 Stat. 215, provided

that: ''Services performed after April 20, 1990, by individuals

appointed to temporary positions within the Bureau of the Census

for purposes relating to the 1990 decennial census of population

shall not constitute 'Federal service' for purposes of section 8501

of title 5, United States Code.''

Pub. L. 101-86, Aug. 16, 1989, 103 Stat. 593, as amended by Pub.

L. 101-293, Sec. 1, May 17, 1990, 104 Stat. 192, provided that

Federal annuitants or former members of the uniformed services who

return to Government service under temporary appointments to assist

in carrying out the 1990 decennial census of population would be

exempt from certain provisions of Title 5, Government Organization

and Employees, relating to offsets from pay and other benefits.

(Section 2 of Pub. L. 101-293 provided that amendment of Pub. L.

101-86 by Pub. L. 101-293 may not be considered to make an

exemption under Pub. L. 101-86 applicable to any service performed

before May 17, 1990, which was in excess of that allowable under

Pub. L. 101-86 (as then in effect).)

POLICY AND PRACTICES OF BUREAU OF CENSUS REGARDING USE OF TEMPORARY

STAFF; PUBLICATION

Pub. L. 97-454, Sec. 3, Jan. 12, 1983, 96 Stat. 2494, provided

that: ''Not later than 180 days after the effective date of this

Act (Jan. 12, 1983), the Secretary of Commerce shall publish in the

Federal Register a statement of the policy and practices of the

Bureau of the Census relating to the administration of section

23(c) of title 13, United States Code. Such statement shall include

a description of -

''(1) the policy of the Secretary for the use of all

individuals as temporary staff pursuant to such section 23(c) to

assist the Bureau of the Census in performing work authorized

under such title 13;

''(2) the functions for which the Secretary, in his discretion,

may appoint temporary staff to assist the Bureau in performing

work authorized under such title 13;

''(3) the practice applicable to the appointment of such

temporary staff in performing such work;

''(4) the requirements and penalties under such title

applicable to temporary staff performing such work, together with

safeguards to ensure that such temporary staff will observe the

limitations imposed in section 9 of such title.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title; title 5

sections 5102, 5533; title 22 section 3144.

-CITE-

13 USC Sec. 24 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-

Sec. 24. Special employment provisions

-STATUTE-

(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 reduction 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 1949, 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 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.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1015; Pub. L. 86-769, Sec. 3,

Sept. 13, 1960, 74 Stat. 911; Pub. L. 88-535, Aug. 31, 1964, 78

Stat. 744.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 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, Sec. 7, 32 Stat. 52; June 7, 1906,

ch. 3048, 34 Stat. 218; June 18, 1929, ch. 28, Sec. 3, 46 Stat. 21;

1939 Reorganization Plan No. II, Sec. 4(e), eff. July 1, 1939, 4

F.R. 2731, 53 Stat. 1431; 1940 Reorganization Plan No. III, Sec. 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, Sec. 2, 62 Stat. 479;

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

338, title VI, Sec. 607, 63 Stat. 441; Oct. 28, 1949, ch. 782,

title XI, Sec. 1106(a), 63 Stat. 972; Sept. 7, 1950, ch. 910, Sec.

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, Sec. 1, 2, eff. May 24, 1950, 15 F.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 employees 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.

-REFTEXT-

REFERENCES IN TEXT

Title VII of the Classification Act of 1949, as amended, referred

to in subsec. (a), is title VII of act Oct. 28, 1949, ch. 872, 63

Stat. 967, as amended, which was classified to sections 1121 to

1123 of former Title 5, Executive Departments and Government

Officers and Employees, and was repealed by Pub. L. 89-554, Sec.

8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first

section thereof as sections 5335 and 5336 of Title 5, Government

Organization and Employees.

Section 4 of the Travel Expense Act of 1949, as amended (5 U.S.C.

837), referred to in subsec. (d), was repealed by Pub. L. 89-554,

Sec. 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first

section thereof as section 5704 of Title 5.

-MISC2-

AMENDMENTS

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

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

changes, 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-CITE-

13 USC Sec. 25 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-

Sec. 25. Duties of supervisors, enumerators, and other employees

-STATUTE-

(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.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1015; Pub. L. 88-530, Aug. 31,

1964, 78 Stat. 737.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

(June 18, 1929, ch. 28, Sec. 5, 46 Stat. 22; June 19, 1948, ch.

502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI, Sec.

607, 63 Stat. 441).

Section consolidates section 205 of title 13, U.S.C., 1952 ed.,

with that part of section 122 of 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., which

made such section 205 applicable to the censuses 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, Sec. 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 duties of enumerators in Bureau of the Census.

-CITE-

13 USC Sec. 26 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 1 - ADMINISTRATION

SUBCHAPTER II - OFFICERS AND EMPLOYEES

-HEAD-

Sec. 26. Transportation by contract

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 85-207, Sec. 6, Aug. 28, 1957, 71 Stat. 482.)

-REFTEXT-

REFERENCES IN TEXT

Section 4 of the Travel Expense Act of 1949, as amended (5 U.S.C.

837), referred to in text, was repealed by Pub. L. 89-554, Sec.

8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first

section thereof as section 5704 of Title 5, Government Organization

and Employees.

-CITE-