13 U.S.C. § 24 — Special employment provisions

Page 12 TITLE 13—CENSUS § 24 ‘‘(4) the requirements and penalties under such title applicable to temporary staff performing such work, together with safeguards to ensure that such tem- porary staff will observe the limitations imposed in section 9 of such title.’’ § 24. Special employment provisions (a) The Secretary may utilize the services of nontemporary employees of the Bureau (by as- signment, promotion, appointment, detail, or otherwise) in temporary positions established for any census, for not to exceed the period dur- ing which appropriations are available for that census. Whenever the Secretary determines that the services of an employee which have been uti- lized under this section are no longer required in such a temporary position, he may, without re- gard 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 Bu- reau: Provided, That no employee shall, by rea- son of his service in a temporary position under this subsection, lose the protection of any law or regulation with respect to his separation, sus- pension, furlough, or reduction in rank or com- pensation below the level held in his last perma- nent position in the Bureau. Service by a non- temporary 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 ap- pointments 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 em- ployee of the Bureau who holds only a tem- porary appointment within the meaning of this section shall be considered as other than strict- ly 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 uni- formed services may be appointed and com- pensated 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 auto- mobiles 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 expendi- ture 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 pro- vided 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 apart- ments to the extent such charges are deter- mined by the Secretary to have been incurred to facilitate the collection of information in con- nection with the censuses and surveys author- ized by this title. (Aug. 31, 1954, ch. 1158, 68 Stat. 1015; Pub. L. 86–769, § 3, Sept. 13, 1960, 74 Stat. 911; Pub. L. 88–535, Aug. 31, 1964, 78 Stat. 744.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., §§ 111, 122, 203, 252, and section 1442 of title 42, U.S.C. 1952 ed., The Public Health and Welfare (Mar. 6, 1902, ch. 139, § 7, 32 Stat. 52; June 7, 1906, ch. 3048, 34 Stat. 218; June 18, 1929, ch. 28, § 3, 46 Stat. 21; 1939 Reorganization Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431; 1940 Reorga- nization Plan No. III, § 3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1232; June 25, 1947, ch. 124, 61 Stat. 163; June 19, 1948, ch. 502, § 2, 62 Stat. 479; July 6, 1949, ch. 298, §§ 1, 2, 63 Stat. 406; July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Sept. 7, 1950, ch. 910, §§ 2, 4, 64 Stat. 784, 785). Section consolidates those provisions of sections 111, 122, 203 and 252 of title 13, U.S.C., 1952 ed., which related to appointment of special personnel for census work, collection of statistics, etc., and the use of permanent employees for such purpose, with that part of sub- section (b) of section 1442 of title 42, U.S.C., 1952 ed., which made such section 203 applicable to housing cen- suses (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, cen- suses, etc., provided for in this title. References to the Director of the Census have been changed to references to the Secretary (of Commerce) to conform with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title. Words ‘‘except that such special agents shall be ap- pointed 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 spe- cial agents, to authority to detail permanent employ- ees and special agents to act as supervisors or enumera- tors, 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 trans- ferred to the Secretary by 1950 Reorganization Plan No. 5, referred to above. However, section 4 of this title pro- vides 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. Editorial Notes REFERENCES IN TEXT Title VII of the Classification Act of 1949, as amend- ed, referred to in subsec. (a), is title VII of act Oct. 28, 1949, ch. 872, 63 Stat. 967, which was classified to sec- tions 1121 to 1123 of former Title 5, Executive Depart- ments and Government Officers and Employees, and was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as sections 5335 and 5336 of Title 5, Government Organiza- tion and Employees. Page 13 TITLE 13—CENSUS § 26 Section 4 of the Travel Expense Act of 1949, as amend- ed (5 U.S.C. 837), referred to in subsec. (d), was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as section 5704 of Title 5. 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 non- temporary employees in temporary service, and their return, when the Secretary so determines, to a con- tinuing 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 posi- tion, provided that service by nontemporary employees in temporary positions is creditable for step-increases as though a continuation of their last permanent posi- tions, defined ‘‘temporary’’, and provided for payments to enumerators for the use of private automobiles on official business. Statutory Notes and Related Subsidiaries SALARY PROTECTION FOR EMPLOYEES SUBJECT TO CLASSIFICATION ACT OF 1949 Special provisions of this section respecting utiliza- tion 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 sec- tion 103 of Pub. L. 87–270, title I, Sept. 21, 1961, 75 Stat. 569. § 25. Duties of supervisors, enumerators, and other employees (a) Each supervisor shall perform the duties imposed upon him by the Secretary in the en- forcement of chapter 5 of this title in accord- ance with the Secretary’s orders and instruc- tions. (b) Each enumerator or other employee de- tailed to serve as enumerator shall be charged with the collection in his subdivision of the facts and statistics called for on such schedules as the Secretary determines shall be used by him in connection with any census or survey provided for by chapter 5 of this title. (Aug. 31, 1954, ch. 1158, 68 Stat. 1015; Pub. L. 88–530, Aug. 31, 1964, 78 Stat. 737.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., §§ 122, 205, and sec- tion 1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June 18, 1929, ch. 28, § 5, 46 Stat. 22; June 19, 1948, ch. 502, § 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441). Section consolidates section 205 of title 13, U.S.C., 1952 ed., with that part of section 122 of such title which made such section 205 applicable to the surveys pro- vided 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 Di- rector of the Census, to conform with 1950 Reorganiza- tion Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title. Changes were made in phraseology and arrangement. Editorial Notes AMENDMENTS 1964—Subsec. (c). Pub. L. 88–530 repealed subsec. (c) which related to duties of enumerators in Bureau of the Census. § 26. Transportation by contract The Secretary may contract with field em- ployees for the rental and use within the conti- nental limits of the United States of means of transportation, other than motorcycle, auto- mobile, 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 con- tracts 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 equiva- lent to the prevailing rental rates of the local- ity. 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 economi- cal, or more advantageous to the Government than use of his motorcycle, automobile, or air- plane in conducting the census. (Added Pub. L. 85–207, § 6, Aug. 28, 1957, 71 Stat. 482.) Editorial Notes REFERENCES IN TEXT Section 4 of the Travel Expense Act of 1949, as amend- ed (5 U.S.C. 837), referred to in text, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and reen- acted by the first section thereof as section 5704 of Title 5, Government Organization and Employees. CHAPTER 3—COLLECTION AND PUBLICATION OF STATISTICS SUBCHAPTER I—COTTON Sec. 41. Collection and publication. 42. Contents of reports; number of bales of linter; distribution; publication by Department of Agriculture. 43. Records and reports of cotton ginners. 44. Foreign cotton statistics. 45. Simultaneous publication of cotton reports. SUBCHAPTER II—OILSEEDS, NUTS, AND KERNELS; FATS, OILS, AND GREASES 61. Collection and publication. 62. Additional statistics. 63. Duplicate collection of statistics prohibited; access to available statistics. SUBCHAPTER III—APPAREL AND TEXTILES 81. Statistics on apparel and textile industries. SUBCHAPTER IV—QUARTERLY FINANCIAL STATISTICS 91. Collection and publication. SUBCHAPTER V—MISCELLANEOUS 101. Defective, dependent, and delinquent classes; crime. 102. Religion. 103. Designation of reports. Editorial Notes AMENDMENTS 1986—Pub. L. 99–467, § 1(b), Oct. 14, 1986, 100 Stat. 1192, redesignated items for subchapters III and IV as sub-