§ 1959. Administrative procedure.

The administrative procedure and judicial review provisions of subchapter II of chapter 5 and chapter 7 of Title 5 shall apply to all proceedings under this chapter, section 1829b of this title, and section 1730d of this title. (Pub. L. 91-508, title I, § 129, Oct. 26, 1970, 84 Stat. 1118.)

EFFECTIVE Date

Section effective on the first day of the seventh calendar month which begins after Oct. 26, 1970, except that the Secretary of the Treasury may, by regulation, provide that this section be effective on any date not earlier than the publication of such regulations in the Federal Register and not later than the first day of the thirteenth calendar month which begins after Oct. 26, 1970, see section 401(a) and (b) of Pub. L. 91-508, set out as a note under section 1051 of Title 31, Money and Finance.

Certain tie-in arrangements; prohibition; exceptions.

Jurisdiction of courts; duty of United States attorneys; equitable proceedings; petition; expedition of cases; temporary restraining orders; bringing in additional parties; subpenas. Actions by United States; subpenas for witnesses. Civil actions by persons injured; jurisdiction and venue; amount of recovery.

1976. Injunctive relief for persons against threatened loss or damages; equitable proceedings; preliminary injunctions.

1977. 1978.

Limitation of actions; suspension of limitations. Actions under other Federal or State laws unaffected; regulations or orders barred as & defense.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1850 of this title. § 1971. Definitions.

As used in this chapter, the terms "bank”, “bank holding company", "subsidiary", and "Board" have the meaning ascribed to such terms in section 1841 of this title. For purposes of this chapter only, the term "company", as used in section 1841 of this title, means any person, estate, trust, partnership, corporation, association, or similar organization, but does not include any corporation the majority of the shares of which are owned by the United States or by any State. The term "trust service" means any service customarily performed by a bank trust department. (Pub. L. 91–607, title I, § 106 (a), Dec. 31, 1970, 84 Stat. 1766.)

A bank shall not in any manner extend credit, lease or sell property of any kind, or furnish any service, or fix or vary the consideration for any of the foregoing, on the condition or requirement

(1) that the customer shall obtain some additional credit, property, or service from such bank other than a loan, discount, deposit, or trust service;

(2) that the customer shall obtain some additional credit, property, or service from a bank holding company of such bank, or from any other subsidiary of such bank holding company;

(3) that the customer provide some additional credit, property, or service to such bank, other

than those related to and usually provided in connection with a loan, discount, deposit, or trust service;

(4) that the customer provide some additional credit, property, or service to a bank holding company of such bank, or to any other subsidiary of such bank holding company; or

(5) that the customer shall not obtain some other credit, property, or service from a competitor of such bank, a bank holding company of such bank, or any subsidiary of such bank holding company, other than a condition or requirement that such bank shall reasonably impose in a credit transaction to assure the soundness of the credit. The Board may by regulation or order permit such exceptions to the foregoing prohibition as it considers will not be contrary to the purposes of this chapter. (Pub. L. 91-607, title I, § 106(b), Dec. 31, 1970, 84 Stat. 1766.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1973, 1974, 1975, 1976 of this title.

§ 1973. Jurisdiction of courts; duty of United States attorneys; equitable proceedings; petition; expedition of cases; temporary restraining orders; bringing in additional parties: subpenas.

The district courts of the United States have jurisdiction to prevent and restrain violations of section 1972 of this title and it is the duty of the United States attorneys, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations. The proceedings may be by way of a petition setting forth the case and praying that the violation be enjoined or otherwise prohibited. When the parties complained of have been duly notified of the petition, the court shall proceed, as soon as possible, to the hearing and determination of the case. While the petition is pending, and before final decree, the court may at any time make such temporary restraining order or prohibition as it deems just. Whenever it appears to the court that the ends of justice require that other parties be brought before it, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and subpenas to that end may be served in any district by the marshal thereof. (Pub. L. 91-607, title I, § 106(c), Dec. 31, 1970, 84 Stat. 1767.)

§ 1974. Actions by United States; subpenas for witnesses.

In any action brought by or on behalf of the United States under section 1972 of this title, subpenas for witnesses may run into any district, but no writ of subpena may issue for witnesses living out of the district in which the court is held at a greater distance than one hundred miles from the place of holding the same without the prior permission of the trial court upon proper application and cause shown. (Pub. L. 91-607, title I, § 106(d), Dec. 31, 1970, 84 Stat. 1767.)

§ 1975. Civil actions by persons injured; jurisdiction and venue; amount of recovery.

Any person who is injured in his business or property by reason of anything forbidden in section 1972

of this title may sue therefor in any district court of the United States in which the defendant resides or is found or has an agent, without regard to the amount in controversy, and shall be entitled to recover three times the amount of the damages sustained by him, and the cost of suit, including a reasonable attorney's fee. (Pub. L. 91-607, title I, § 106(e), Dec. 31, 1970, 84 Stat. 1767.)

§ 1976. Injunctive relief for persons against threatened loss or damages; equitable proceedings; preliminary injunctions.

Any person may sue for and have injunctive relief, in any court of the United States having jurisdiction over the parties, against threatened loss or damage by reason of a violation of section 1972 of this title, under the same conditions and principles as injunctive relief against threatened conduct that will cause loss or damage is granted by courts of equity and under the rules governing such proceedings. Upon the execution of proper bond against damages for an injunction improvidently granted and a showing that the danger of irreparable loss or damage is immediate, a preliminary injunction may issue. (Pub. L. 91-607, title I, § 106(f), Dec. 31, 1970, 84 Stat. 1767.)

§ 1977. Limitation of actions; suspension of limitations. (1) Subject to paragraph (2) of this section, any action to enforce any cause of action under this chapter shall be forever barred unless commenced within four years after the cause of action accrued.

(2) Whenever any enforcement action is instituted by or on behalf of the United States with respect to any matter which is or could be the subject of a private right of action under this chapter, the running of the statute of limitations in respect of every private right of action arising under this chapter and based in whole or in part on such matter shall be suspended during the pendency of the enforcement action so instituted and for one year thereafter: Provided, That whenever the running of the statute of limitations in respect of a cause of action arising under this chapter is suspended under this paragraph, any action to enforce such cause of action shall be forever barred unless commenced either within the period of suspension or within the four-year period referred to in paragraph (1) of this section. (Pub. L. 91-607, title I, § 106(g), Dec. 31, 1970, 84 Stat. 1768.)

§ 1978. Actions under other Federal or State laws unaffected; regulations or orders barred as a defense.

Nothing contained in this chapter shall be construed as affecting in any manner the right of the United States or any other party to bring an action under any other law of the United States or of any State, including any right which may exist in addition to specific statutory authority, challenging the legality of any act or practice which may be proscribed by this chapter. No regulation or order issued by the Board under this chapter shall in any manner constitute a defense to such action. (Pub. L. 91-607, title I, § 106 (h), Dec. 31, 1970, 84 Stat. 1768.)

POSITIVE LAW; CITATION

This title has been made positive law by section 1 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1012, which provided in part "That title 13 of the United States Code, entitled 'Census' is revised, codified and enacted into law and may be cited as 'Title 13, United States Code, section -'." REFERENCES TO CENSUS OFFICE

Section 3 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024, provided that: "Whenever reference is made in any other law or in any regulation or order to the Census Office, such reference shall be held and considered to mean the Bureau of the Census referred to in section 2 of Title 13. United States Code, as set out in section 1 of this Act. This section shall not be construed as affecting historical references to the Census Office which could have no present or future application to the Bureau of the Census."

SEPARABILTY OF PROVISIONS

Section 4 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024, provided that: "If any part of Title 13, United States Code, as set in section 1 of this Act, is held invalid, the remainder of such title shall not be affected thereby."

LEGISLATIVE CONSTRUCTION

Section 5 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024, provided that: "No inference of a legislative construction is to be drawn by reason of the chapter in Title 13, United States Code, as set out in section 1 of this Act, in which any section is placed, nor by reason of the captions or catchlines used in such title."

EFFECTIVE DATE

Section 6 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024, provided that: "The provisions of this Act shall take effect on January 1, 1955."

REPEALS

Section 7 of act Aug. 31, 1954, ch. 1158, 68 Stat. 1024. provided that: "The sections of the Acts, and the Acts or parts of Acts, enumerated in the following schedule, are hereby repealed. Any rights or liabilities now existing under such statutes or parts thereof, and any proceedings instituted under, or growing out of, any of such statutes or parts thereof, shall not be affected by this repeal."

Chapter 1.-ADMINISTRATION

SUBCHAPTER I-GENERAL PROVISIONS

1. Definitions.

224

9

Sec.

Omitted

7

2. Bureau of the Census.

10

3. Seal.

6

5, 23, 146

1 So in original. Does not conform to heading of chapter 9, preceding section 301 of this title.

Page 2865

4. Functions of Secretary; delegation.

5. Schedules; number, form, and scope of inquiries.

6. Requests to other departments and offices for information, acquisition of reports from governmental and other sources.

$ 1

Sec.

7. Printing; requisitions upon Public Printer; publication of bulletins and reports.

8. Certified copies of certain returns; other data; restriction on use; disposition of fees received.

9. Information as confidential; exception.

1966-Pub. L. 89-473, § 2(b), June 29, 1966, 80 Stat. 221, struck out item 14.

1962-Pub. L. 87-489, § 1(b), June 19, 1962, 76 Stat. 104, added item 14.

1957-Pub. L. 85-207, § 1, Aug. 28, 1957, 71 Stat. 481, inserted at the end of item 6 the words ", acquisition of reports from governmental and other sources." and added items 12, 13 and 26.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 307 of this title.

SUBCHAPTER I-GENERAL PROVISIONS § 1. Definitions.

As used in this title, unless the context requires another meaning, or unless it is otherwise provided"Bureau" means the Bureau of the Census; "Secretary" means the Secretary of Commerce. (Aug. 31, 1954, ch. 1158, 68 Stat. 1012.)

HISTORICAL AND REVISION NOTES

Reviser's Note.-Section is new, and was inserted to eliminate the necessity for referring, throughout this title, to the Bureau of the Census, and the Secretary of Commerce, by their full designations.

in this section, merely continue the Bureau (of the Census) as an agency within, and under the jurisdiction of, the Department of Commerce.

CROSS REFERENCES

Bureau of the Census as a bureau in the Department of Commerce, see section 1511 of Title 15, Commerce and Trade.

Collection and publication of foreign commerce and trade statistics, applicability of section to, see section 307 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

§ 3. Seal.

The Bureau shall have a seal containing such device as has been selected heretofore, or as the A description of Secretary may select hereafter.

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 certificates and attestations that may be required from the Bureau. Judicial notice shall be taken of the seal. (Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Aug. 28, 1957, Pub. L. 85-207, § 2, 71 Stat. 481.)

HISTORICAL AND REVISION NOTES Reviser's Note.-Based on acts Mar. 3, 1899, ch. 419, 31, 30 Stat. 1021; Mar. 6, 1902, ch. 139, § 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