§ 3. — Seal.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC3]
TITLE 13--CENSUS
CHAPTER 1--ADMINISTRATION
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 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 Secretary or such officer or employee of the Bureau as he
designates, and shall be affixed to all documents authenticated by the
Bureau. Judicial notice shall be taken of the seal.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Pub. L. 85-207, Sec. 2, Aug.
28, 1957, 71 Stat. 481; Pub. L. 94-521, Sec. 2, Oct. 17, 1976, 90 Stat.
2459.)
Historical and Revision Notes
Based on acts Mar. 3, 1899, ch. 419, Sec. 31, 30 Stat. 1021; Mar. 6,
1902, ch. 139, Sec. 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
provisions 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to the Thirteenth and subsequent decennial censuses, repealed the said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 thereto, 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
``certificates and attestations''.
In any event, this new section merely confirms past and present
practice, and restores, if it does not preserve, 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 forestall
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 authorized 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 jurisdictional and other changes since that time.
The ``Census Office'' was transferred from the Department of the
Interior to the Department of Commerce and Labor by act Feb. 14, 1903,
ch. 552, Sec. 4, 32 Stat. 826. Act Mar. 4, 1913, ch. 141, Sec. 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, Secs. 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, transferred all
functions of all officers, employees, bureaus, 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. Therefore, in this section,
``Secretary'', and ``Secretary or such officer or employee of the Bureau
as he designates'', were substituted, respectively, for two references
to the Director of the Census, to conform with such Plan.
Amendments
1976--Pub. L. 94-521 substituted ``affixed to all documents
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.
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.
Section Referred to in Other Sections
This section is referred to in section 307 of this title.
