13 U.S.C. § 23 — Additional officers and employees

Page 10 TITLE 13—CENSUS § 23 (Aug. 31, 1954, ch. 1158, 68 Stat. 1014; Pub. L. 86–769, § 1, Sept. 13, 1960, 74 Stat. 911.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., §§ 5, 6 (Mar. 6, 1902, ch. 139, §§ 5, 10, 32 Stat. 51, 53; June 18, 1929, ch. 28, § 21, 46 Stat. 26). Section consolidates section 5 of title 13, U.S.C., 1952 ed., with section 6 of such title. A reference to ‘‘officers’’ was inserted for complete- ness, 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5 of title 13, U.S.C., 1952 ed., excepting unskilled laborers from the requirements for citizenship, was omitted as superseded and covered by the Classification Act of 1949 (5 U.S.C., 1952 ed., ch. 21).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5 of title 13, U.S.C., 1952 ed., giving preference in appointments to war veterans and their widows, was omitted as superseded and covered by the Veterans’ Preference Act of 1944 (chapter 17 of Title 5, U.S.C., 1952 ed., Executive Departments and Govern- ment Officers and Employees). Changes were made in phraseology. Editorial Notes AMENDMENTS 1960—Pub. L. 86–769 struck out references to appoint- ment and compensation under the Civil Service laws and the Classification Act of 1949. Statutory Notes and Related Subsidiaries PROGRAM FOR EMPLOYMENT OF SPANISH-ORIGIN PERSONNEL IN BUREAU; REPORT TO CONGRESS Pub. L. 94–311, § 6, June 16, 1976, 90 Stat. 689, required Department of Commerce to implement an affirmative action program within Bureau of the Census for em- ployment 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. § 23. Additional officers and employees (a) The Secretary may establish, at rates of compensation to be fixed by him without regard to the Classification Act of 1949, as many tem- porary 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 appoint- ments to such temporary positions in con- formity with the civil service laws and rules. (b) In addition to employees of the Depart- ment of Commerce, employees of other depart- ments and independent offices of the Govern- ment 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 re- gard 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 ob- serve the limitations imposed by section 9 of this title. (Aug. 31, 1954, ch. 1158, 68 Stat. 1014; Pub. L. 86–769, § 2, Sept. 13, 1960, 74 Stat. 911; Pub. L. 88–448, title IV, § 401(p), Aug. 19, 1964, 78 Stat. 492; Pub. L. 94–521, § 12(b), Oct. 17, 1976, 90 Stat. 2465.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., §§ 203, 216, and sec- tion 1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June 18, 1929, ch. 28, §§ 3, 16, 46 Stat. 21, 25; July 6, 1949, ch. 298, §§ 1, 2, 63 Stat. 406; July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; July 16, 1952, ch. 912, 66 Stat. 736). Section consolidates parts of sections 203 and 216 of title 13, U.S.C., 1952 ed., with that part of subsection (b) of section 1442 of title 42, U.S.C., 1952 ed., which made such sections 203 and 216 applicable to the 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 sec- tion 252 of title 13, U.S.C., 1952 ed., which related to quinquennial censuses of governments (see subchapter III of chapter 5 of this title), made section 203 of such title applicable to those censuses. However, since the particular provisions of such section 203 that have been carried into this revised section apparently related, as supplemented by section 1442(b) of title 42, U.S.C., 1952 ed., to the decennial censuses provided for in sections 201 et seq. of such title, and in such section 1442 of title 42 (see subchapter II of chapter 5 of this revised title), and apparently could have no relevancy to the quin- quennial censuses referred to above, this revised sec- tion relates only to such decennial censuses. In subsection (a), ‘‘Departmental Service’’ was sub- stituted 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 Cen- sus 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 Reorga- nization 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 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 rec- ommendation 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 des- ignated 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 as- sistant 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 para- graph 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 ap- pointments to disabled war veterans, their widows, and, under certain circumstances, to their wives, was omit- ted as superseded and covered by the Veterans’ Pref- erence 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. Page 11 TITLE 13—CENSUS § 23 Remainder of section 203 of title 13, U.S.C., 1952 ed., is incorporated in this subchapter, and for remainder of section 216 thereof, and of section 1442 of title 42, U.S.C., 1952 ed. (which has been transferred in its en- tirety to this revised title), see Distribution Table. Editorial Notes REFERENCES IN TEXT The Classification Act of 1949, referred to in subsec. (a), is act Oct. 28, 1949, ch. 782, 63 Stat. 954, which was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as chap- ter 51 and subchapter III of chapter 53 of Title 5, Gov- ernment Organization and Employees. 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 Govern- ment Officers and Employees, was repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 632, and reenacted by the first section thereof as section 5533 of Title 5. AMENDMENTS 1976—Subsec. (c). Pub. L. 94–521 added subsec. (c). 1964—Subsec. (b). Pub. L. 88–448 inserted ‘‘without re- gard to section 301 of the Dual Compensation Act’’. 1960—Subsec. (a). Pub. L. 86–769 substituted ‘‘The Sec- retary 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 Sec- retary may make appointments to such temporary po- sitions 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 compensa- tion 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 perma- nent 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’’. Statutory Notes and Related Subsidiaries 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 fol- lowing Aug. 19, 1964, see section 403 of Pub. L. 88–448, title IV, Aug. 19, 1964, 78 Stat. 496. TEMPORARY POSITIONS RELATING TO DECENNIAL CENSUSES Pub. L. 108–447, div. B, title II, § 205, Dec. 8, 2004, 118 Stat. 2883, provided that: ‘‘Hereafter, none of the funds made available by this or any other Act for the Depart- ment of Commerce shall be available to reimburse the Unemployment Trust Fund or any other fund or ac- count of the Treasury to pay for any expenses author- ized by section 8501 of title 5, United States Code, for services performed by individuals appointed to tem- porary positions within the Bureau of the Census for purposes relating to the decennial censuses of popu- lation.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 106–553, § 1(a)(2) [title II, § 204], Dec. 21, 2000, 114 Stat. 2762, 2762A–78. Pub. L. 106–113, div. B, § 1000(a)(1) [title II, § 204], Nov. 29, 1999, 113 Stat. 1535, 1501A–31. Pub. L. 105–277, div. A, § 101(b) [title II, § 204], Oct. 21, 1998, 112 Stat. 2681–50, 2681–86. Pub. L. 105–119, title II, § 204, Nov. 26, 1997, 111 Stat. 2479. Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 204], Sept. 30, 1996, 110 Stat. 3009, 3009–39. Pub. L. 104–134, title I, § 101[(a)] [title II, § 204], Apr. 26, 1996, 110 Stat. 1321, 1321–30; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. Pub. L. 103–317, title II, § 204, Aug. 26, 1994, 108 Stat. 1749. Pub. L. 103–121, title II, § 204, Oct. 27, 1993, 107 Stat. 1177. Pub. L. 102–395, title II, § 204, Oct. 6, 1992, 106 Stat. 1855. Pub. L. 102–140, title II, § 204, Oct. 28, 1991, 105 Stat. 806. Pub. L. 101–515, title I, § 104, Nov. 5, 1990, 104 Stat. 2108. Pub. L. 101–382, title I, § 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 serv- ices’ means services performed by individuals ap- pointed 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, § 1, May 17, 1990, 104 Stat. 192, pro- vided that Federal annuitants or former members of the uniformed services who return to Government serv- ice under temporary appointments to assist in carrying out the 1990 decennial census of population would be ex- empt from certain provisions of Title 5, Government Organization and Employees, relating to offsets from pay and other benefits. [Pub. L. 101–293, § 2, May 17, 1990, 104 Stat. 192, pro- vided 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 per- formed 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, § 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 relat- ing to the administration of section 23(c) of title 13, United States Code. Such statement shall include a de- scription of— ‘‘(1) the policy of the Secretary for the use of all in- dividuals 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; 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.