Attachment F UNITED STATES CODE 1982 EDITION CONTAINING THE GENERAL AND PERMANENT LA\VS OF THE UNITED STATES, IN FORCE ON JANUARY 14, 1983 Prepared and published under authority of Title 2, U.S. Code, Sec.-lion 285b by the Office or the Law Revision Counsel or the House of Representatives VOLUME FIVE TITLE 13-CENSUS TO TITLE ·15-COMMERCE AND TRADE UNITED STA TES GOVERNMENT PRINTING OFFICE WASHINGTON : 1983 . :, 0 reports of the results of the several Investiga tions authorized by this title. and may publish and distribute such bulletins and reports. HISTORICAL AND REVISION NOTO 215. 252. Bs..sed on title 13. U.S.C.• 1952 ed.• U 122. ed.• The 1952 .. U.S.C 42. title of 1442 on and secti 18. 1929. ch. 28. l 15, (June Welfare and ealth H blic Pu 502. I 2. 62 Stat. 419; 46 stat. 25; June 19. 1948. ch. 63 Stat. 441: Sept. 607. § Vl. title 338. ch. 1949, J uly 15. 7• 1950. ch. 910, l 1. 64 Stat. 184 >. 5eet1on consolidates section 215 of title 13. U.S.C.• 252 of 1952 ed., wtth those parts of sections 122 and such section 215 such lltle which respe<:tlvely made applicable to the qulnquenni,sl censuses of manufac turers and the mineral Industries and other business es. and governments, and wtth that part of subsedlon (b ) of section 1442 of title 42, U.S.C.• 1952 ed.• which made such section 215 applicable to the decennial cen• suses of housing . As originally enacted ln 1929, such section 215 had related only to the decennial cen• suses of population. agriculture. etc.• the provisions for which are continued ln subchapter II of chapter 5 of this title. Toe provisions. as revised ln this section. relate. not onlY to the censuses referred to above. but also. to all other lnvestlg--atlons provided for In this title. This was probably the Congressional Intent. Words In section 215 of title 13. U.S.C.• 1952 ed.... on request of the Director of the Census". were omitted since all functions under this title are vested primarily 1n the Se<:retary . ln v1ew of 1950 Reor f1l1U.Ultlon Plan No. 5. U 1. 2. eff. May 24, 1950. 15 F.R. 3114, 64 Stat. 1263. See Revision Note lo section 4 of this title. Change., were made In phraseology. For remainder of sections I 22 and 252 of title 13, U.S.C.• 1952 ed .. and of section 1442 of title 42. U.S.C., 1952 ed. . see D1.str1butlon Table. 1976-Pub. L. 94-521 &ubstltuted .. Information from other Federal departments and 11.i'encles; acquisition of reports from other governmental and private sources" for '"ReQuests to other departments and of fices tor Information. acquisition of reports from gov ernment.al a.nd other sources" In the section catdlllne. Subse<:. < a>. Pub. L. 94-521 5ubsUtuted ..consider-a" for '"deems". and "agency, or establishment of the Federal Government. or of the government of the Dis tr1ct of Columbia" for '"or office of the Government". Subse<:. (C). Pub. L. 94-521 added r.ubsec. (C). 1957-Pub. L. 85-207 added to the catchllne the words", acquisition of reports from government.A.I and other sourco". de.signaled existing· provisions as subsec. MDfT Amendment by Pub. L 94-521 ef!ectlve Oct. 17, 1976. su section 17 of Pub. L 94-521. set out u a note under section 1 of this title. CRoss Rr::n:RDf cu Collection and publication of foreign commerce and trade statlstl�. applicability of section to. see section 307 of this title. OnllJI HISTORICAL A.ND REVISIOl'f S�ON!I This =lion ls referred to ln &ectlom 8. 307 of thl5 title. 117. Printing-; r-e-quisltlon1 upon Public Prlntu; publi cation of bulletins and reporu The Secretary may make requisition upon the Public Printer for miscellaneous p rinting neces sary to carry out the provisions of this title. He may further have printed by the Public Print er. in such editions as he deems necessary, pre llmlnary and other census buUetlns. and final Non.s Based on title 13. U.S.C .. 1952 ed.. t 213. and section 1442 of title 42. U.S.C .. 1952 ed .. The Public Heallh and Welfare . Section consolidates section 213 of title 13. U.S.C.. 1952 ed .• with that part of subsection of section 1442 of title 42. U.S.C.• 1952 ed .• which made such sec tion 213 applicable to the censuses of housing. The enumeration ln sedlon 213 of title 13. U.S.C. 1952 ed., of the types or printing ("Blanks. schedules. circulars. pamphlets. envelopes. work sheets") was omitted as unnecessary a.nd covered by the words "miscellaneous prtnllng". The provisions have been reworded to make It clear that they relate to all statlstlcal and census operations under thls title. a.nd changes were made In phraseolo gy. For remainder of section 1442 of title 42. U.S.C.• 1952 ed. (which Stttlon has been transferred In Its en• tlrety to this revised title>. see Distribution Table. CRoss Ri:n:JU:Hcz:.s Collection ·and publication or foreign commerce and trade statistics, a.ppllcablllty of section to. �e section 307 of this title. SI:CTIO.N RUDUU:D TO 11' 0nu:R SlCTIOHS This section ls ioferred l-0 In section 307 of this title. , �DlCDITS StcrlO!f Rtn:JUU:D TO IN and 9 of thl.s title. the Secretary may f umlsh copies of tabulations and other statistical materials whJch do not disclose the ln!ormatlon reported by, or on behalf of. any particular respondent. and may make special statistical compllatlons and surveys, for depart ments. agencies, and establishments of the Fed eral Government, the government of the Dis· trlct of Columbia. the government of any pos session or area (including poJltfcal subdivisions thereof) referred lo In section 19Ha> of this title, State or local agencies, or other public and p rivate pen;ons and agencies. upon pay• ment of the actual or estim.ated cost of such work. In the case of nonprofit agencies or org a nizations, the Secretary may engage in Joint statistical p rojects. the purpose of which are otherwise authorized by law. but only If the cost of such projects are shared equitably, as determined by the Secretary. In no case shall lnformatlon furnished under this section be used to the detrlment of any respondent or other person to whom such !1 that part of section 122 title section 211 of such title. 208 and 211 apsections such made which tle or s�ch ti the quinquennial censuses of manufactur to le b llca P the mineral Industries, and other businesses . that s �chapter I of chapter 5 of this revised �rt of section 252 of such title which made such sec fions 208 and 211 applicable to the quinquennial cens ses of governments (see subchapter III of chapter 5 � this revised title), the second proviso in such section �52 a.nd that part of subsection of section 1442 of till� 42. U.S.C.. 1952 ed.• which made such sections 208 . and 211 applicable to the decennJal censuses of hous ing for were Insert the purpose of clarity. References to the Secretary, the Department of commerce a.nd bureaus a.nd agencies thereof. a.nd lo other officers and employees of such Department. bu reau.s or agencies, were substituted for references to the Director of the Census. the "Census Office", and the enumeration of certain types of employees. for the pur pose of completeness, and to conform with 1950 Reor• gan.Lt.atlon Plan No. 5, U 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stal. 1263. See Revision Note to section 4 of thJs title. Toe penal provisions of sections 73. 83, and 208 of title 13. U.S.C.. 1952 ed.. prescribing penallles for wrongful disclosure of Information. are set out in sec tion 214 of this title. 'Changes were made In phraseology. For remainder of sections 122. 208, and 252 of title 13. O.S.C.• 1952 ed.. and of section 1442 of title 42. U.S.C.. 1952 ed. (which sedlon has been transferred in Its- entirety to this revised title>. see Dl.str!butlon Table. AloU:ND!lDfTS 1962--Substt. TO Uf 0nu::R SECTJONS This section Is referred to In section 307 of thls title. § 12. Mechanics) and rlectronic development The Secretary Is authorized to have conduct ed mechanical and electronic- development work as he determines is needed to further the func tions and duties of carrying out the purposes of thl5 title and may enter Into such developmen tal - contracts as he may determine to be in the best interest of the Government. . June 19, 1962. 76 Stat. 104, provided for reimbursement between ap propriations. See &ectloo 1534 of Title 31. Money and Finance. RUULS Pub. L. 89-473, June 29, 1966. 80 Stat. 221. which re pealed thb section and struck out Item 14 In the anal yals of &ectloru comprising this chapter. was ltseJ! re pealed by Pub. L. 97-258. l 5. Sept. 13. 1982. 96 Stat. 1068. § 15. U83ea for 1980 d«ennial census The 15 percent limitation contained ln section 322 of the Act of June JO. 1932 C4'1 Stat. 412; 40 U.S.C. 278a) shall not apply to leases entered lhto by the Secretary for the purpose of carry ing out the 1980 decennial census. but no lease may be entered into for such purpose at a rental in excess of 105 percent of the appraised fair annual rental of the leased premises, or a proportionate part of the appraised fa.lr annual rental In the case of a lease for Jess than a year. SUBCHAPTER II-OFFICERS AND EMPLOYEES SUllCHAPTY:R Rr::TD\JU:D "JO ll'i OTHat SLC"JIONS This subchapler ls referred to In sections 211 to 214 nf thh 1111 .. Pag< TITLE 13-CENSUS § Zl § Zl. Dir«tor of the Census; duties The Bureau shaJl be headed by a Director of the Census. appointed by the President. by and wittt the advice and consent of the Senate. The Director shall perform such duties as may be imposed upon him by Jaw. regulations. or orders of the Secretary. The Secretary may establish. at rates At the end of this section. references to regulations. compensation to be fixed by him witho and to orders of the Secretary, were added after "law" regard to the Classification Act of 1949, in view of the changes effected by 1950 Reorganiza many temporary positions as may be necessa tion Plan No. 5. referred to above. to meet the requirements of the work provid Changes were made in phraseology_ CRoss RUER£NCES Collection and publication of foreign commerce and trade statistics. applicability of section to. see section 307 of this title. SECTION RDTRJla> TO IN OTHLJI SECTIONS This section is referred to In section 307 of this title. § 22. Qualifications of pumanent peraonnel All permanent officers and employees of the Bureau shall be citizens of the United States. . Section consolidates section 5 of title 13. U.S.C.• 1952 ed.• with section 6 of such title. A reference lo "officers" was inserted for complete ness. and the word ··permanent" was inserted before ··officers and employees" for the purpose of clarity. The provision in section 5 of title 13. U.S.C .• 1952 ed.• excepting unskilled laborers from the require• ments for citl.z.enship, was omitted as superseded and covered by the Classl!lcatlon Act of 1949 <5 U.S.C.. 1952 ed.• ch. 21>. The provision that appointments and compensation shall be subject to the Classification Act of 1949 ls new but ls in accordance with existing Jaw. See chapter 21 of title 5. U.S.C.• 1952 ed.• Executive Departments and Government Officers and Employees. The provision Ln section 5 of title 13. U .S.C.• 1952 ed.• giving preference In appointments to war veterans and their widows. was omitted as superseded and cov ered by the Veterans· Preference Act of 1944 (chapter 17 of Tille 5. U.S.C.. 1952 ed.. Executive Departments and Government Officers and Employees). Changes were made In phraseology. AMENDMENTS 1960-Pub. L. 86-769 deleted references to appoint ment and compensation under the Civil Service Jaws and the Classification Act of 1949. for by Jaw. Bureau employees who are tra1 ferred to any such I emporary positions sh: not lose their permanent civil service status reason of the transfer. The Secretary m make appointments to such temporary po lions in conformity with the civil service la· and rules. (b) In addition to employees of the Depai ment of Commerce. employees of other depaJ ments and Independent offices of the Gover ment may, with the consent of the head of tl respective department or office. be employ, and compensated for field work in connectlc with the work provided for by Jaw witho regard to section 301 of the Dual Compensatic Act. . 78 Sta 492; Oct. 17, 1976, Pub. L. 94-521. § 12Cb). ! Stat. 2465.> HISTORICAL A.ND RI:VISION Non:s Based on title 13. U.S.C.. 1952 ed.• U 203. 216. a.r section 1442 of title 42. U.S.C.• 1952 ed.. The Publ Health and Welfare (June 18. 1929. ch. 28. H 3. 16. · Stat. 21. 25; July 6. 1949. ch. 298. HJ. 2. 63 Stat. 40 July 15. 1949. ch. 338. title VI. l 607. 63 Stal. 441: 0< 28. 1949. ch. 782. title XI. J l 106(a). 63 Stat. 912: Ju 16. 1952. ch. 912. 66 Stat. 736). Section consolidates parts of sections 203 and 216 · title 13. U.S.C.. 1952 ed .. with that part of subsectic lb) of section IH2 or title 42. U.S.C .. 1952 ed. whic made such sections 203 and 216 applicable to the ce <;ll<;P<; or ho11sinl7 Na:DS AND CoNCDtNS or Sl'ANISH-ORICUf PoruuTION: Usr; or SPANISH U.NCUACI: Qui:sTJONNAlRl:S AND Bl· UNCUAL ENUMDUTORS Pub. L. 94-311. S 5. June 16. 1916. 90 Stat. 689. pro .. vided that: The Secretary of Commerce shall ensure that in the Bureau of the Census dala-<:ollecUon ac tivities. the needs and concerns of the Spanish-origin population are given full recognition through the �se of Spanish language questionnaires. bilingual enu merators. and other such methods as deemed appro priate by the Secretary." CROSS Ri:n:RDfci:.s Congyes.s. reapportionment of Representatives on basis of population census. see section 2a of Title 2. The Congress. Population and agrlcultural returns. authority to furnish to State governors and courts. see section 8 of this title. SECTION REn:RRD> TO IN Orlin SECTIONS This section is referred to ln section 181 of this title. § )42. Ag-ricullure. irrigation. and drainage Ca> The Secretary shall in 1979. in 1983, and in every filth year beginning after 1983, take a census of agriculture. Cb> In conjunction with the census to be taken under subsection of this section In 1979. in 1988. and every tenth year beginning after 1988. the Secretary shall take a census of irrigation and drainage. The data collected in each of the censuses taken under this section shall relate to the year immediately preceding the year In which such census is taken. (Aug. 31. 1954. ch. 1158. 68 Stat. 1020; Aug. 28. 1957, Pub. L. 85-207, § 10, 71 Stat. 483; Mar. 15, 1976. Pub. L. 94-229, § 1, 90 Stat. 210.> Non:s Basetl on section 1442, of title 42. U.S.C.• 1952 ed .• The PublJc Health and Welfare . Section was derived from subsection Ca) or section 1442 of title 42. U.S.C.• 1952 ed. For remainder of such section l 442. which section has been transferred In Its entirety to this revised title, see Distribution Table. References to the Secretary. meaning the Secretary of Commerce. were substituted for references to the Director of the Census. to conform with 1950 Reorga nization Plan No. 5. 111. 2, elf. May 24. 1950, 15 F.R. 3174. 64 Stat. 1263. See Revision Note to section 4 of this title. Changes were made ln phraseology. HISTORICAL AlfD RZ:VlSIO?f AllDmMDfTS 1976-Subsec. . Pub. L. 94-229 substituted the ref erence years of 1979 and 1983 for the reference year 1959 and eliminated the discretionary power of Secre tary to take the agricultural census In conjunction with the population. unemployment and housing census time frame contained ln section 141 of thls title. Subsec. . Pub. L. 94-229 substituted the reference years 1919 and 1988 !or the reference year 1959. Subsec. !c). Pub. L. 94-229 added subsec. . 1957-Pub. L. 85-201 substituted provisions !or taking census of agrlcullure. Irrigation and drainage for provisions respecting housing: scope of Inquiries; territory Included; supplementary statistics. See sec tions 14Ha>. l9l. and 193 of this title. Issua, ON OR BITOR!: JUN!: 30. 1976 Section 2 or Pub. L. 94-229 provided that the statlstl• cal cla.s.siflcatlon or farms in effect on January I. 1975. STATISTICAL REPORTS with respect lo censuses taken under section 142 · or title 13. was to be effective through June 30, 1976. and any such census was to renect such classification. but could also Include additional classifications as deemed appropriate by the Secretary. 1974 ACRICULTUR.AL CENSUS; SUBMJSSJOtf TO CONGRESS WITHIN 30 DAYS FROM AUCUST 10. 1973. or ESTl· MATE OF f'uNDS NEE1>ED FOR CENSUS Pub. L. 91-524. title VIII. l 818. as added by Pub. L. 93-86. § 1<27)(B). Aug. 10. 1973. 87 Stat. 2H. provided that notwithstanding any other provision of law. the Secretary of Commerce was to conduct a census of ag riculture ln 1974 as required by section 142 o( title 13. .and to submit to the Congress within thirty days after the date of enactment of the Agriculture and Consum er Protection Act of 1973 [Aug. 10. 1973). an estimate of the funds needed to conduct such census. CROSS RDLREKCES Housing returns. authority to furnish to State gover• nors and courts. see section 8 ot this title. [§§ 143 to 146. Repealed. Pub. L. 85-207, § 1957, 71 Stat. 483) n. Aur. 28, Sections. act Aug. 31. 1954. ch. 1158. 68 Stat. fo20. related lo the following subject matter: Section 143, decennial census period; completion of reports upon Inquiries. See section 141 of this tlUe. Section 144. restriction on lnquiries. See sections 14I and 142 of this title. Section 145. commencement of Inquiries a.s to popu lation. agriculture. and housing: time tor completion. See sections 14 l and 142 HISTORICAL AND REVISION Norrs Based on title 13. U.S.C.• 1952 ed.• I 251 of section 251 of title 13, U.S.C .• 1952 ed. For remainder of such section 251, aee Distribution Table. Reference to the year 1957 was substituted for refer• ence to the year 1952. slnce the latter reference 1s now obsole�. Changes were made In phraseology. AMDfDMDHS 1957-Pub. L. 85-207 deleted from the last sentence the words ..,n the United States and In such of Its Ter ritories and posses.slons as may be determined by the Secretary:· Geographical provisions are now covered by section 191 of thls title_ .. · § 196 ---- ......... '"'� .. ...,v.., SUBCHAPTER V-GEOGRAPHIC SCOPE. PRElJMINARY AND SUPPLEMENTAL STATISTICS. AND USE OF SAMPLING SOBCHAl'TDl RETDUlll> TO IK OnlDl SECTIONS Thls subchapter ls referred to ln sections 221, 222. 223 of thls title. § 191. Geographic sco� of ctnsusu (a) Each of the censuses authorized by this chapter shall Include each St.ate. the District of Columbia. the Virgin Islands. Guam. the Com• monwealth of the Northern Marlana Islands. and the Commonwealth of Puerto Rico. and as may be determined by the Secretary. such other possessions and areas over which the United States exercises jurisdiction. control. or sovereignty. Inclusion of other areas over which the United St.ates exercises Jurisdiction or control shall be subject to the concurrence of the Secretary of State. For censuses taken ln the Virgin Islands. Guam, the Commonwealth of the Northern Marlana Islands, or any possession or area not speclllcally designated ln subsection Ca) of this section, the Secretary may use census lnfonna� lion collected by the Governor or highest rank· Ing Federal official, II such information was ob• t.ained ln accordance with plans prescribed or approved by the Secretary. (c) If, pursuant to a determlnation by the Secretary under subsection Ca) of this section, any census is not taken in a possession or area over which the United St.ates exercises jurisdic tion. control. or sovereignty, the Secretary may include data obt.aJned from other Federal agen• cles or government sources in the census report. Any data obt.aJned from foreign governments shall be obtained through the Secretary of St.ate. MLNT Amendment by Pub. L. 94-521 dfecttve Oct. 17. 1976-Subsec. . Pub. L. 94-521 struck out "(other 1916. see section 17 of Pub. L. 94-521, set out a.s a note than censUSe3 or populaUon>" following '"thJs chap. under sedlon 1 of thl.s title. ter". and "Alaska. Hawaii" following "the DI.strict or • . Columbia. . Inserted "the Commonwealth or the § 196. Sp«lal cen1u1es No�hem Marlana Islands" following "Guam", and struck out provision that censuses of Population shall The Secretary may conduct special censuses Include all geographic areas referred to ln the llrst for the government of any State, or of any sentence or subsec. . . county. city. or other political subdivision Subsec. . Pub. L. 94-521 inserted . the Common within a St.ate. for the government of the Dis• wea.Jth of the Northern Mariana Islands" following trlct of Columbia. and for the government of "Guam". and substituted ··use census lnlonnatlon" for "utilize or adopt census data". and "If such lnfonna any possession or area Subsec. Cc>. Pub. L.94-521 substituted "If, punuant of this title, on subjects covered by the censuses to a determination by the Secretary under subsection provided for ln this title, upon payment to the (a) of this section·· for "When. under determination by Secretary of the actual or estimated cost of the Secretary a., provided In paragraph (a) above". ♦ ADMISSION or ALASKA AND HAWAII TO STATDiOOD each such special census. The results of each such special census shall be designated "Offl· cfa.l Census Statistics". These statistics may be used in the manner provided by applicable Jaw. £Added Pub. L. 94-521, t lHa>. Oct. 17. 1976, 90 Stat. 2464.> Alaska was admitted Into the Union on Jan. J. 1959, upon the Issuance of Proc. No. 3269, Jan. 3, 1959, 24 P.R. 81. 73 Stat. cl 6. and Hawaii was admitted Into the Union on Aug.21.1959. upon the issuance of Proc. No. Section effective OcL 17, 1916. see section 17 of Pub. L. 94-521. set out as a note under section l of this tltlt. ETn:cnVE DATE or 1976 AKDfDMDfT Amendment by Pub. L. 94-521 effective Oct. 17. 1976. see section 17 of Pub. L. 94-521. set out a.s a note under section 1 of this title. �lTI:DAn: