Attachment B - BLS Authorizing Statute

Attachment B

THE CODE OF THE LAWS
OFTHE

UNITED STATES OF AMERICA
TITLE 29 - LABOR
CHAPTER 1. LABOR STATISTICS
BUREAU OF LABOR STATim�
Section
J.
2.
2A.
2b.
3.
4.
5.
6.
7.

Design and duties of bureau gcnen.lly
C.ollection, collation, and reports of labor statistics
Statistical reports-Collection through local agents-Piece-price buiJ
Studies of productivity and labor.costs in indUJtJ}'
C.ommissionc:r-Appointment and taiure of officc-C.omperu.atioo
Duties of commissioner in 1cncral
Bulletin as tC' labor conditions
Ann UAl a.nd spccw reporu to President and Conp-csa
Reports of labor ,utistics in Hawaii

SPECIAL STATISTICS
9. Specia.J ,utistica.1 studies upon rcqut$t--Scope--O:r.t-Paymc:nt
9a.. Credit and me of receipts
9b. Rules and refllhtions

BUREAU OF LABOR SfATISI1C:S
§ 1. Deslgn and dutieJ of bureau geneBlly
The general design and duties or the Bure.!u or Labor Statistics shall be to
acquire and diffuse among the people or the United States useful informa. tion on subjects connected '1'tith labor, in the most general and romprchen­
sive sense of tlat word, and especially upon its rchtion to capital, the
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uses§ 1

LABOR

hours of labor, the earnings of laboring men and women, and the means of
promoting their material, social, intellectual, and moral prosperity.
(June 13, 1888, c. 389, § I, 25 Stat. 182.)
HISTORY; ANCILLARY LAWS Al'lD DIRECTIVES
Explanatory notes:
The bracketed words are substituted for "There shall be at the seat of
government a Department of Labor, the general design and duties of
which shall be ... " Act Feb. 14, 1903, c. 552, § 4, 32 St.at. 826,
placed the Department of Labor in the Department of Commerce and
Labor. Act Mar. 18, 1904, c. 716, 33 St.at. 136, changed the name of
the Department of Labor to the Bureau of Labor. Act Mar. _4, 1913, c.
141, § 3, 37 Stat. 737, transferred the Bureau of Labor from the
Department of Commerce and Labor to the Department of Labor and
redesi gn ated the Bureau as the Bureau of Labor Statistics.
Transfer of functions:
1950 REORGANIZATION PLAN No. 6
DEPARTMENT OF LABOR
Section 1. Transfer of functions to the Secretary. (a) Except as
otherwise provided in subsection (b) of this section, there are hereby
transferred to the Secretary of Labor all functions of all other officers
of the Department of Labor and all functions of all agencies and
employees of such Department.
(b) This section shall not apply to the functions vested by the Adminis­
trative Procedure Act (60 Stat. 237) [see 5 USCS §§ 551 et seq., 701 et
seq., 3105, 3344, 5362, 7521) in hearing examiners employed by the
Department of Labor.
Sec. 2. Performance of functions of Secretary. The Secretary of Labor
may from time to time make such provisions as he shall deem
appropriate authorizing the performance by any other officer or by any
agency or employee, of the Department of Labor of any function of. the
Secretary, including any function transferred to the Secretary by the
provisions of this reorganization plan.
Sec. 3. Administrative Assist.ant Secretary. There shall be in the
Department of Labor an Administrative Assistant Secretary of Labor,
who shall be appointed, with the approval of the President, by the
Secretary of Labor under the classified civil service, who shall perform
such duties as the Secretary of Labor shall prescribe.
Sec. 4. Incidental transfers. The Secretary of Labor may from time to
time effect such transfers within the Department of Labor of any of the
records, property, personnel, and unexpended balances (available or to
be made available) of appropriations, allocations, and other funds of
such Department as he may deem necessary in order to carry out the
provisions of this reorganization plan.
CROSS REFERENCES
Establishment of Department of Labor. 29 USCS § 551.

§ 2.

Collection, collation, and reports of labor statistics

The Bureau of Labor Statistics, under the direction of the Secretary of
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LABOR STATISTICS

uses§ 2

Labor, shall collect, collate, and report at least once each year, or oftener if
necessary, full and complete sutistics of the conditions of labor and the
products and distribution of the products of the same, and to this end II.id
Secretary shall have power to employ any or either of the bureaus provided
for his department and to re.arrange such statistical work and to distn'bute
or consolidate the same as nay be deemed desirable in the public interests;
and said Secretary shall also have authority to call upon other departments
of the Government for statistical dau and results obtained by them; and
said Secretary of Labor nay collate, arrange, and publish such sutistical
information so obtained in such manner as to him may s.ecm wise.
The Bure.au of Labor Statistics lhall also collect. collate, report.. and
publish at least once each month full and complete statistics of the volume
of and changes in employment, as indicated by the number of persons
employed, to total v.·ages paid, and the total hours of employment, in the
service of the Federal Government, the States and political subdivisions
thereof, and in the follov.ing industries and their principal branches: (1)
Manufacturing; (2) mining, quarrying, and crude petroleum production; (3)
building construction; (4) agriculture and lumbering; (S) transportation.
communication, and other public utilities; (6) the retail and wholesale
trades; and such other industries as the Secretary of Labor may deem it in
the public interest to include. Such statistics shall be reported for all such
industries and their principal branches throughout the United States and
also by States and/or Federal reserve districts and by such smaller
geographical subdivisions as the said Secretary may from time to time
prescribe. The said Secretary is authorized to arrange with any Federal.
St.ate, or municipal bureau or other governmental agency for the collection
of such statistics in such InAmlCT as be may deem statisfactory, and may
assign special agents of the Department of Labor to any ,ucb bureau or
agency to assist in such collection.
(Mar. 4, 1913, c. 141, § 4, 37 StaL 737; July 7, 1930, c. 873, � StaL 1019.)
HISTORY; ANCII..LARY LAWS AND DIRECTIVF.S
Amendments:

1930. Act July 7, 1930, added the second paragraph.

Tn.nsfer of functions:
Transfer of functions of all other officcn, employet::S and agencies cl
Department of Labor to the Secretary by 19SO Reorg. Plan No. 6, aec
transfer of functions note to 29 USCS f l.

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LABOR STATIS11CS

uses §4

§ 3. Commissioner-Appointment and tenure or office-Compensa·
tion
The [Bur�u of Labor Statistics] shall be under the charge of a (Commis­
sioner of Labor Statistics), who ,hall be appointed by the President, by and
t1.ith the advice and consent of the Senate; he shall hold his office for four·
years, unless sooner removed, and shall receive a u.hry [of five thousand
dollars per annum].
(June 1_3. 1888, c. 389, § 2. 25 Stal 182.)
HISTORY; ANCILLARY LAWS AND D�
Explanatory nots
The bracketed title "Commissioner or Labor StatistiC$" is substituted

for ..Commissioner of Labor", and ..Bureau of Labor Statistics" for

"Bureau of Labor" on authority of Act Mar. 4, 1913. c. 141, f 3, 37
Stat 737. See explanatory note to 29 USCS f 1.
Provision for amount of compensation is bracketed as supcn,eded by 5
uses§ 5316(JOS).
Act June 27, I 884, c. 127, 23 Stat 60, formerly classified to this
section, was replaced by Act June 13, 1888, c. 389, § 2, 25 Stat. 182
[this section], which contains similar provisions.
Act March 18, 1904, c. 716, 33 Stat. 136, changed the name of the
Department of Labor to the Bureau of Labor. Sec explanatory not.es to
29 uses§ 1.
Transfer or functions:
Transfer of functions
Department of Labor

of all other officers., employees. and agencies or
to the Secretary by 1950 Reorg. Plan No. 6, ace
transfer of functions note to 29 uses f 1.
CROSS REFERENCES

Pay increases for federal employees. 5 uses §§ 5S41 et seq.
§ 4. Duties of commissioner In general
It shall be the duty of the Commissioner of Labor (Statistics] to asccruin
the effect of the customs laws, and the effcct thereon of the state of the
currency, in the United Stat.cs, on the agricultural industry. especially u to
its efrect on mortgage indebtedness of farmers. He &hall also establish a
system of reports by which. at intervals of not Jess than two years, he can
report the general condition. so far as production is concerned. of the
leading industries of the country. He is also specially charged to investigate
the causes of, and facts relating to, all controversies and dispu� between
employers and employees as they DlJlY oc.cur, and which may tend to
interfere with the welfare of the people of the different States. He shall aho
obtain such information upon the various subjects committed to him u he

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uses §4

may deem desirable from different foreign nations, and what, if any,
convict-made goods are imported into this country, and if so from whence.
(June 13, 1888, c. 389, § 7, 25 Stat 183; May 29, 1928, c. 901, § 1(110),
(111), 45 Stat 994.)
HISTORY; ANCILLARY LAWS AND DIRECTIVES
References In tat:
"'Customs laws." referred to in thiJ section. appear Jenerally in Title
19, uses.
Explmato17 Dotts:
The bracketed title ••Commissioner of Labor Statistics" is substituted
for "Commissioner of Labor' on authority of Act M.u. 4, 1913, c. J-41,
f 3, 37 StaL 737. Soc explan4tory notes to 29 Uses § l.
Amendment,:
1938. Act May 29, 1928, rcpcaled the requirement or reports to
Congress on the investigations required by the first and third sentences
of this section and is authority for the omission of the words ''and
report as to" following "asc.crtain" in the first sentence and "'and report
thereon to Congress" at the end of the third sentcnc.e.
Transfer or functions:
The duty of the Department of Labor to ascertain the cost of produc­
ing, in leading countries., articles dutiable in the United States, profits
of the manufacturers and produccn of such articles., comparative cost
of living in such countries, and the dfect of trusts on prices and
production was tnnsferred to the Bureau of Foreign and Domestic
Commerce by Act Aug. 23, 1912. c.· 3.50, § 1, 37 Sat. 407 (15 USCS
§ 172}. Provisions formerly contained in thiJ section which related to
such duty have been omitted.
Transfer of functions of all other of5� employees, and agendes of
Department of Labor to the Secretary by 19.SO R.corg. Plan No. 6, see
transfer of functions note lo 29 uses § J.
§ S.

Bullettn as to labor condltiou

The [Commissioner of Labor Statistics] is hereby authorized to prepare and
publish a bulletin of the [Bureau of Labor Statistics], as to the condition of
labor in this and other countries, condensations of State and foreign labor
reports, facts as to conditions of employment, and such other facts as may
be deemed of value to the industrial interests of the country.
(Mar. 2, 1895, c. 177, § l, 28 Stal 805.)
HISTORY; ANCILLARY LAWS AND DIRECilVES
Explanato17 notes:
The bracketed title ..Commissioner of Labor Statistics" is substituttd
ror "Commissioner of Labor', and "Bureau of Labor Statistics" for
"Department of Labor" on authority of Acts Mar. 18, 1904, c. 716, 33
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LABOR STATISTICS

29

uses §7

Stat. 136 and Mar. .C, 1913, c. I.Cl, I 3, 37 StaL 737. Sec explanatory
notes to 29 uses § 1.
Tnnsfu or hmctfons:
Tnnsfer of functions of all other officai, employees, and agencies of
Department of labor to the SecrctAry by 19SO Jteorg. Plan No. 6. see
transfer or functions note to 29 uses I 1.
CROSS REFERENCES
Printing of bulletin for distnlmtion. 44 USCS f 270.
This section is referred to in 44 uses I 1324.
§ 6. Annual and specW reports to President and Congress
The [Commissioner of Labor Statistics] shall annually make a report in
writing to the President and Congress, of the information collected and
collated by him, and containing such recommendations as he may deem
calculated to promote the efficiency of the Department He is also autho­
rized to ma.kc special reports on particular subjects whenever required to
do so by the President or either House of C.Ongress, or when he I.ball think
the subject in his charge requires it. He shall, on or before the 15th day of
December in each year, make a report in detail to Congress of all moneys
expended under his direction during the prec¢ding fiscal year.
(June 13, 1888, c. 389, § 8, 25 Stat 183.)
lilSTORY; ANCILLARY LAWS AND DIRECilVES

Explanatory motes:
-,
The bracketed title NCommis.sioner of Labor StAtistics" is substituted
for ..Commissioner of Labor.. on authority of Act Mar. .C, 1913, c. 141,
§ 3, 37 StAt. 737. Sec explanatory notes to 29 uses § l.
Tn.nsfer or functions:
Transfer of functions of all other officen., employees, and agencies of
the Department of Labor to the Secretary by 19SO Rcorg. Plan No. 6.
5,ee transfer of functions note to 29 uses § J.
CROSS REFERENCES
Printing of reports. 44 USCS §§ 270, 271, 1325.
Availability of bound copy of Congressional Record (or Departmmt cl
Labor. 44 uses t 906.
§ 7. Reports of labor statistics In Hawaii
It shall be the duty of the United States [C.Ommissioner of Labor Statistics)
to collect. asso� arrange, and present in reports in 1905 and every five
years thereafter statistical details relating to all departments of labor in the
Territory of Hawaii, especially in relation to the commercial, industrial,
social, educational, and sanitary rondition of the laboring classes, and to
all such other subjects as C.ongres.s may by law cfu;ect The said Comma7