§ 4. — Functions of Secretary; regulations; delegation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC4]
TITLE 13--CENSUS
CHAPTER 1--ADMINISTRATION
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 4. Functions of Secretary; regulations; delegation
The Secretary shall perform the functions and duties imposed upon
him by this title, may issue such rules and regulations as he deems
necessary to carry out such functions and duties, and may delegate the
performance of such functions and duties and the authority to issue such
rules and regulations to such officers and employees of the Department
of Commerce as he may designate.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 94-521, Sec. 3(a), Oct.
17, 1976, 90 Stat. 2459.)
Historical and Revision Notes
Section is new, and was inserted to conform with 1950 Reorganization
Plan No. 5, effective May 24, 1950, Secs. 1, 2, 15 F.R. 3174, 64 Stat.
1263, which is set out as a note under section 591 of title 5, U. S. C.,
1952 ed., Executive Departments and Government Officers and Employees
[now set out in the Appendix to Title 5, Government Organization and
Employees]. That plan transferred all functions (with a few exceptions
not applicable to the Census Bureau) of all agencies, officers and
employees of the Department of Commerce to the Secretary of Commerce,
and vested power in him to delegate the functions so transferred, or any
of his other functions, to such agencies, officers or employees within
the Department as he designates.
See, also, section 253 of title 13, U.S.C., 1952 ed., which provided
for delegation of functions in connection with the quinquennial censuses
of governments, and authorized the Secretary to promulgate rules and
regulations with respect to such censuses. That section has been omitted
from this revised title, as the provision thereof for delegation of
functions is covered by this section, and the provision thereof which
related to rules and regulations is covered by section 22 of title 1,
U.S.C., 1952 ed., General Provisions.
Because of the transfer effected by 1950 Reorganization Plan No. 5,
referred to above, sections of title 13, U.S.C., 1952 ed., which
prescribed functions of the Bureau of the Census, the Census Office, or
the Director of the Census, have, in this revised title, been changed to
refer to the Secretary.
Amendments
1976--Pub. L. 94-521 inserted ``regulations;'' in section catchline,
authorized the Secretary to issue such rules and regulations as he deems
necessary to carry out the functions and duties imposed upon him by this
title, authorized delegation of authority to issue such rules and
regulations to officers and employees of the Department of Commerce, and
struck out a provision which allowed delegation of performance of such
functions and duties to bureaus and agencies of the Department of
Commerce.
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.
