Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., §§ 203, 216, and
section 1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare (
June 18, 1929, ch. 28, §§ 3, 16,
46 Stat. 21, 25;
July 6, 1949, ch. 298, §§ 1, 2,
63 Stat. 406;
July 15, 1949, ch. 338, title VI, § 607,
63 Stat. 441;
Oct. 28, 1949, ch. 782, title XI, § 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, §§ 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, § 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.
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, § 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”.
Temporary Positions Relating to Decennial Censuses
Pub. L. 108–447, div. B, title II, § 205,
Dec. 8, 2004
,
118 Stat. 2883, provided that:
“Hereafter, none of the funds made available by this or any other Act for 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. 104–134, title I, § 101[(a)] [title II, § 204],
Apr. 26, 1996
,
110 Stat. 1321, 1321–30; renumbered title I,
Pub. L. 104–140, § 1(a),
May 2, 1996
,
110 Stat. 1327.
Pub. L. 101–382, title I, § 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, § 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.
[
Pub. L. 101–293, § 2,
May 17, 1990
,
104 Stat. 192, 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).]