§ 24. — Special agents, supervisors, supervisors' clerks, enumerators, and interpreters; compensation; details.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC24]
TITLE 13--CENSUS
CHAPTER 1--ADMINISTRATION
SUBCHAPTER II--OFFICERS AND EMPLOYEES
Sec. 24. Special employment provisions
(a) The Secretary may utilize the services of nontemporary employees
of the Bureau (by assignment, promotion, appointment, detail, or
otherwise) in temporary positions established for any census, for not to
exceed the period during which appropriations are available for that
census. Whenever the Secretary determines that the services of an
employee which have been utilized under this section are no longer
required in such a temporary position, he may, without regard 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 Bureau: Provided, That no employee
shall, by reason of his service in a temporary position under this
subsection, lose the protection of any law or regulation with respect to
his separation, suspension, furlough, or reduction in rank or
compensation below the level held in his last permanent position in the
Bureau. Service by a nontemporary 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 appointments 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 employee of the Bureau who holds only a temporary appointment within
the meaning of this section shall be considered as other than strictly
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 uniformed services may be
appointed and compensated 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 automobiles 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 expenditure 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 provided 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 apartments to the extent such charges are determined by the
Secretary to have been incurred to facilitate the collection of
information in connection with the censuses and surveys authorized by
this title.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1015; Pub. L. 86-769, Sec. 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., Secs. 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, Sec. 7, 32 Stat. 52; June 7, 1906, ch. 3048, 34
Stat. 218; June 18, 1929, ch. 28, Sec. 3, 46 Stat. 21; 1939
Reorganization Plan No. II, Sec. 4(e), eff. July 1, 1939, 4 F.R. 2731,
53 Stat. 1431; 1940 Reorganization Plan No. III, Sec. 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, Sec. 2, 62 Stat. 479; 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;
Sept. 7, 1950, ch. 910, Secs. 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
subsection (b) of section 1442 of title 42, U.S.C., 1952 ed., which made
such section 203 applicable to housing censuses (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, censuses, 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, Secs. 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 appointed 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 special agents, to
authority to detail permanent employees and special agents to act as
supervisors or enumerators, 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 transferred to the Secretary by 1950
Reorganization Plan No. 5, referred to above. However, section 4 of this
title provides 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.
References in Text
Title VII of the Classification Act of 1949, as amended, referred to
in subsec. (a), is title VII of act Oct. 28, 1949, ch. 872, 63 Stat.
967, as amended, which was classified to sections 1121 to 1123 of former
Title 5, Executive Departments and Government Officers and Employees,
and was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat.
632, and reenacted by the first section thereof as sections 5335 and
5336 of Title 5, Government Organization and Employees.
Section 4 of the Travel Expense Act of 1949, as amended (5 U.S.C.
837), referred to in subsec. (d), 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 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 nontemporary employees in
temporary service, and their return, when the Secretary so determines,
to a continuing 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 position,
provided that service by nontemporary employees in temporary positions
is creditable for step-increases as though a continuation of their last
permanent positions, defined ``temporary'', and provided for payments to
enumerators for the use of private automobiles on official business.
Salary Protection for Employees Subject to Classification Act of 1949
Special provisions of this section respecting utilization 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 section 103 of Pub. L. 87-270, title I, Sept. 21, 1961, 75 Stat.
569.
Section Referred to in Other Sections
This section is referred to in section 307 of this title.
