13 U.S.C. § 11 — Authorization of appropriations

Page 7 TITLE 13—CENSUS § 11 (Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 87–813, Oct. 15, 1962, 76 Stat. 922; Pub. L. 101–533, § 5(b)(2), Nov. 7, 1990, 104 Stat. 2348; Pub. L. 103–430, § 2(b), Oct. 31, 1994, 108 Stat. 4394; Pub. L. 105–113, § 4(a)(1), Nov. 21, 1997, 111 Stat. 2276; Pub. L. 105–119, title II, § 210(k), Nov. 26, 1997, 111 Stat. 2487.) 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 applicable to the quinquennial censuses of manufacturers, the min- eral 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 Com- merce and bureaus and agencies thereof, and to other officers and employees of such Department, bureaus or agencies, were substituted for references to the Direc- tor of the Census, the ‘‘Census Office’’, and the enu- meration (in section 208 of title 13, U.S.C., 1952 ed.) of certain types of employees, for the purpose of com- pleteness, 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 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 en- tirety to this revised title), see Distribution Table. Editorial Notes REFERENCES IN TEXT Section 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appro- priations 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 provi- sions 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. 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 es- tablishment, be admitted as evidence or used for any purpose in any action, suit or other judicial or adminis- trative proceeding. [§ 10. Repealed. Pub. L. 86–682, § 12(a), Sept. 2, 1960, 74 Stat. 708, eff. Sept. 1, 1960] Section, act Aug. 31, 1954, ch. 1158, § 1, 68 Stat. 1014, re- lated to free transmittal of official mail in census mat- ters. § 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. Statutory Notes and Related Subsidiaries BUREAU OF THE CENSUS WORKING CAPITAL FUND Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 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 with- out fiscal year limitation, for expenses and equipment necessary for the maintenance and operation of such services and projects as the Director of the Census Bu- reau determines may be performed more advan- tageously 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: Pro- vided further, That a separate schedule of expenditures and reimbursements, and a statement of the current as- sets and liabilities of the Working Capital Fund as of the close of the last completed fiscal year, shall be pre- pared each year: Provided further, That notwithstanding 31 U.S.C. 3302, the Working Capital Fund may be cred- ited 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 pro- vided by such funds, either on hand or on order, less the related liabilities or unpaid obligations, and any appro- priations 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 Page 8 TITLE 13—CENSUS § 12 1 See References in Text note below. systems, and an amount necessary to maintain a rea- sonable operating reserve as determined by the Direc- tor.’’ § 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 con- tract with educational and other research orga- nizations 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.) [§ 14. Repealed. Pub. L. 89–473, § 2(a), June 29, 1966, 80 Stat. 221] Section, added Pub. L. 87–489, § 1(a), June 19, 1962, 76 Stat. 104, provided for reimbursement between appro- priations. See section 1534 of Title 31, Money and Fi- nance. Statutory Notes and Related Subsidiaries REPEALS Pub. L. 89–473, June 29, 1966, 80 Stat. 221, which re- pealed this section and struck out item 14 in the anal- ysis of sections comprising this chapter, was itself re- pealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068. § 15. Leases for 1980 decennial census The 15 percent limitation contained in section 322 1 of the Act of June 30, 1932 (47 Stat. 412) shall not apply to leases entered into by the Sec- retary 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. (Added Pub. L. 96–52, § 1(a), Aug. 13, 1979, 93 Stat. 358; amended Pub. L. 108–178, § 4(c), Dec. 15, 2003, 117 Stat. 2641.) Editorial Notes REFERENCES IN TEXT Section 322 of the Act of June 30, 1932 (47 Stat. 412), referred to in text, was repealed by Pub. L. 100–678, § 7, Nov. 17, 1988, 102 Stat. 4052. AMENDMENTS 2003—Pub. L. 108–178 struck out ‘‘; 40 U.S.C. 278a’’ after ‘‘47 Stat. 412’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees. § 16. Address information reviewed by States and local governments (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 gov- ernment 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 de- terminations; and (3) be subject to the review process devel- oped under section 3 of the Census Address List Improvement Act of 1994 relating to re- sponses 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 ad- dress 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 pro- vide 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 govern- ment represented by the census liaison or an ad- jacent local unit of general purpose government. (3) The Bureau should respond to each rec- ommendation made by a census liaison con- cerning the accuracy of address information, in- cluding the determination (and reasons therefor) of the Bureau regarding each such recommenda- tion. (4) For the purposes of paragraph (1), in a case in which a local unit of general purpose govern- ment is within another local unit of general pur- pose government and is not independent of the enclosing unit, the census liaison shall be des- ignated by the local unit of general purpose gov- ernment 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 pur- pose other than the purpose specified in para- graph (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. (Added Pub. L. 103–430, § 2(a), Oct. 31, 1994, 108 Stat. 4393.)