13 U.S.C. § 2 — Bureau of the Census

Page 3 TITLE 13—CENSUS § 4 SEPARABILITY Pub. L. 94–521, § 16, Oct. 17, 1976, 90 Stat. 2466, 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 ap- plications.’’ § 2. Bureau of the Census The Bureau is continued as an agency within, and under the jurisdiction of, the Department of Commerce. (Aug. 31, 1954, ch. 1158, 68 Stat. 1012.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., § 1 (Mar. 6, 1902, ch. 139, § 1, 32 Stat. 51; Feb. 14, 1903, ch. 552, § 4, 32 Stat. 826; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; June 18, 1929, ch. 28, § 21, 46 Stat. 26). Section 1 of title 13, U.S.C., 1952 ed., provided that the ‘‘Census Office’’ temporarily established in the Depart- ment of the Interior in accordance with the act of Mar. 3, 1899 (ch. 419, 30 Stat. 1014) ‘‘is made’’ a permanent of- fice 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 Cen- sus) as an agency within, and under the jurisdiction of, the Department of Commerce. § 3. Seal The Bureau shall have a seal containing such device as has been selected heretofore, or as the Secretary may select hereafter. A description of such seal with an impression thereof shall be filed in the office of the Secretary of State. The seal shall remain in the custody of the Sec- retary or such officer or employee of the Bureau as he designates, and shall be affixed to all docu- ments authenticated by the Bureau. Judicial no- tice shall be taken of the seal. (Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Pub. L. 85–207, § 2, Aug. 28, 1957, 71 Stat. 481; Pub. L. 94–521, § 2, Oct. 17, 1976, 90 Stat. 2459.) HISTORICAL AND REVISION NOTES Based on acts Mar. 3, 1899, ch. 419, § 31, 30 Stat. 1021; Mar. 6, 1902, ch. 139, § 6, 32 Stat. 52. Section is new to the United States Code, but is in accordance with current practice. Act Mar. 3, 1899, ch. 419, 30 Stat. 1014, which established the ‘‘Census Office’’ on a temporary basis, provided in section 31 thereof (30 Stat. 1021) for a seal for that office. The office was made permanent by act Mar. 6, 1902, ch. 139, 32 Stat. 51, and section 6 of that act (32 Stat. 52) continued in full force and effect ‘‘for the taking of the Thirteenth and subsequent censuses’’ all provisions of the act of Mar. 3, 1899, not inconsistent with the provisions of such 1902 act. Therefore, since the 1902 act contained no provi- sions 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 there- to, 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 ‘‘certifi- cates and attestations’’. In any event, this new section merely confirms past and present practice, and restores, if it does not pre- serve, 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 fore- stall 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 author- ized 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 jurisdic- tional and other changes since that time. The ‘‘Census Office’’ was transferred from the Department of the In- terior to the Department of Commerce and Labor by act Feb. 14, 1903, ch. 552, § 4, 32 Stat. 826. Act Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, changed the name of the latter to the Department of Commerce, and created, as a separate department, the Department of Labor. It transferred a number of bureaus and agencies from the Department of Commerce to the Department of Labor, but these transfers did not affect the Bureau of the Census, which has remained under the jurisdiction of the Department of Commerce. 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, transferred all functions of all officers, employees, bu- reaus, 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. There- fore, in this section, ‘‘Secretary’’, and ‘‘Secretary or such officer or employee of the Bureau as he des- ignates’’, were substituted, respectively, for two ref- erences to the Director of the Census, to conform with such Plan. Editorial Notes AMENDMENTS 1976—Pub. L. 94–521 substituted ‘‘affixed to all docu- ments 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. 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. § 4. Functions of Secretary; regulations; delega- tion The Secretary shall perform the functions and duties imposed upon him by this title, may issue such rules and regulations as he deems nec- essary to carry out such functions and duties, and may delegate the performance of such func- tions and duties and the authority to issue such rules and regulations to such officers and em- ployees of the Department of Commerce as he may designate. (Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 94–521, § 3(a), Oct. 17, 1976, 90 Stat. 2459.)