Monday, February 9, 2009

"The Census"

Some food for thought...

TITLE 13 of the US Code explains the Census - its makeup, duties, responsbilities, etc.

What is the Census Bureau?
"The Bureau is continued as an agency within, and under the
jurisdiction of, the Department of Commerce."

(Note: Under the jurisdiction of the Department of Commerce.)

What authority does the Secretary of Commerce have regarding the Census?
"The Secretary shall perform the functions and duties imposed upon him by this title, may issue such rules and regulations as he deems necessary to carry out such functions and duties, and may delegate the performance of such functions and duties and the authority to issue such rules and regulations to such officers and employees of the Department of Commerce as he may designate."

(Note: Reading this section, it appears the Secretary can only delegate responsibilities to officers and employees of the Department of Commerce.)

Is the Census information private? Who can see it?

"a) Neither the Secretary, nor any other officer or employee of the
Department of Commerce or bureau or agency thereof, or local government census liaison, may, except as provided in section 8 or 16 or chapter 10 of this title or section 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 or section 2(f) of the Census of Agriculture Act of 1997--
(1) use the information furnished under the provisions of this title for any purpose other than the statistical purposes for which it is supplied; or
(2) make any publication whereby the data furnished by any
particular establishment or individual under this title can be
identified; or
(3) permit anyone other than the sworn officers and employees of the Department or bureau or agency thereof to examine the individual reports.

No department, bureau, agency, officer, or employee of the Government, except the Secretary in carrying out the purposes of this title, shall require, for any reason, copies of census reports which have been retained by any such establishment or individual."

(Note: No one outside of the Commerce Department can examine
individual Census reports or use the information for anything other than an official purpose.)


Who appoints the Census Director? What are his duties? Who does he report to?
"The Bureau shall be headed by a Director of the Census, appointed by the President, by and with the advice and consent of the Senate. The Director shall perform such duties as may be imposed upon him by law, regulations, or orders of the Secretary."

(Note: The Bureau Director, by law, reports to the Secretary of Commerce.)

In the spirit of full disclosure, I'm not sure what type of authoritative flexibility the President has in modifying these guidelines regarding the Census Bureau and Department of Commerce. But, it does make for interesting food for thought.

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