§ 23. — Additional officers and employees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC23]
TITLE 13--CENSUS
CHAPTER 1--ADMINISTRATION
SUBCHAPTER II--OFFICERS AND EMPLOYEES
Sec. 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
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.
(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.)
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., Secs. 203, 216, and section
1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June
18, 1929, ch. 28, Secs. 3, 16, 46 Stat. 21, 25; July 6, 1949, ch. 298,
Secs. 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, Secs. 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.
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.
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.''
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.
