About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



1 [1] (February 11, 2022)

handle is hein.crs/govegao0001 and id is 1 raw text is: Congressional Research Service
Informing the Iegitive debate since 1914

Updated February 11, 2022

The Census Bureau Director
Introduction
On April 13, 2021, the White House announced President
Biden's intention to nominate Robert Santos, a statistician
and survey methodologist who at the time was president of
the American Statistical Association, to be the new Director
of the Census (informally known as the Census Bureau
director). The Senate confirmed his nomination on
November 4, 2021, for a five-year term. Mr. Santos was
sworn in on January 5, 2022, and is the first bureau director
of Latino ethnicity.
The decennial census is mandated by Article I, Section 2,
clause 3, of the U.S. Constitution, as modified by Section 2
of the Fourteenth Amendment. The Census Bureau's
history website notes that although the census has been
conducted since 1790, a permanent Census Office was not
established until 1902. Initially in the Department of the
Interior, the office moved to the new Department of
Commerce and Labor in 1903. In 1913, when Commerce
and Labor became separate departments, the Census Office
remained in Commerce.
Census law is codified in Title 13 of the U.S. Code. Title
13, Section 21(a)(1), provides that the Census Bureau shall
be headed by a Director of the Census, appointed by the
President, by and with the advice and consent of the Senate,
without regard to political affiliation. Section 21(a)(2)
stipulates that Such appointment shall be made from
individuals who have a demonstrated ability in managing
large organizations and experience in the collection,
analysis, and use of statistical data. Section 21(b)(1) sets
the director's term of office at five years, beginning on
January 1, 2012, and every fifth year thereafter and
specifies that an individual may not serve more than 2 full
terms as Director. Under Section 21(b)(2), any individual
appointed to fill a vacancy in such position, occurring
before the expiration of the term for which such
individual's predecessor was appointed, shall be appointed
for the remainder of that term. The Director may serve after
the end of the Director's term until reappointed or until a
successor has been appointed, but in no event longer than 1
year after the end of such term. Section 21(b)(3) permits
the President to remove a director and requires the
President to communicate in writing the reasons for any
such removal to both Houses of Congress not later than 60
days before the removal.
Because the Census Bureau is a Commerce Department
agency, the Secretary of Commerce has official
responsibility for its functions. In practice, however, the
Secretary delegates much of this responsibility to the
bureau director. According to Title 13, Section 21(c), The
Director shall perform such duties as may be imposed upon
the Director by law, regulations, or orders of the Secretary.

The director, in turn, may delegate some duties to others
who are more immediately involved in, and more
knowledgeable about, the bureau's detailed, day-to-day
operations.
Director's Responsibilities
The broad responsibilities delegated to the director,
concerning data collection, processing, quality control,
confidentiality protection, and dissemination, are
summarized below.
Decennial Census
The decennial census of population and housing, under
Title 13, Section 141, is the largest and probably most
visible of the director's responsibilities. The census is a
count, as nearly complete and accurate as possible, of every
person whose usual residence is in the United States. The
constitutional reason for taking the census is to have an
updated basis for apportioning seats in the U.S. House of
Representatives. Census data also are used to redraw
legislative boundaries within states; to produce population
estimates and projections; in formulas that help allocate
federal funds, estimated by nongovernmental research at
more than $1.5 trillion annually, to states and localities; and
by subnational governments, businesses, nonprofit
organizations, and researchers for many other purposes.
American Community Survey
Closely related is the American Community Survey (ACS),
which the bureau implemented nationwide in 2005 and
2006. The ACS replaced the decennial census long form
that, from 1940 to 2000, collected detailed socioeconomic
and housing data from a sample of U.S. residents as the
census was administered. The ACS is sent monthly to small
population samples, and the results are aggregated to
produce larger, generalizable samples. The survey covers
more than 3.5 million households a year in every U.S.
county and the District of Columbia.
Quinquen nial Censuses
The quinquennial economic census and census of
governments also are under the director's purview.
The economic census originated when, according to the
Census Bureau, Congress responded to a rapid increase in
industrial activity by instructing 1810 census enumerators
to take an account of the several manufacturing
establishments and manufactures they were to visit. The
contemporary economic census is authorized under Title
13, Section 131. The bureau calls this census the
foundation for measuring U.S. businesses and their
economic impact. The census reaches nearly 4 million
businesses, large, medium, and small, covering most
industries and all geographic areas of the United States.