Collapse to view only § 23. Additional officers and employees
- § 21. Director of the Census; duties
- § 22. Qualifications of permanent personnel
- § 23. Additional officers and employees
- § 24. Special employment provisions
- § 25. Duties of supervisors, enumerators, and other employees
- § 26. Transportation by contract
§ 21. Director of the Census; duties
(a)Appointment.—
(1)In general.—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, without regard to political affiliation.
(2)Qualifications.—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.
(b)Term of Office.—
(1)In general.—The term of office of the Director shall be 5 years, and shall begin on January 1, 2012, and every fifth year thereafter. An individual may not serve more than 2 full terms as Director.
(2)Vacancies.—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.
(3)Removal.—An individual serving as Director may be removed from office by the President. The President shall communicate in writing the reasons for any such removal to both Houses of Congress not later than 60 days before the removal.
(4)Personnel actions.—Except as provided under paragraph (3), nothing in this subsection shall prohibit a personnel action otherwise authorized by law with respect to the Director of the Census, other than removal.
(c)Duties.—The Director shall perform such duties as may be imposed upon the Director by law, regulations, or orders of the Secretary.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1014; Pub. L. 112–166, § 3(a), Aug. 10, 2012, 126 Stat. 1291.)
§ 22. Qualifications of permanent personnel
All permanent officers and employees of the Bureau shall be citizens of the United States.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1014; Pub. L. 86–769, § 1, Sept. 13, 1960, 74 Stat. 911.)
§ 23. Additional officers and employees
(a) The Secretary may establish, at rates of compensation to be fixed by him without regard to the Classification Act of 1949, as many temporary positions as may be necessary to meet the requirements of the work provided for by law. Bureau employees who are transferred to any such temporary positions shall not lose their permanent civil service status by reason of the transfer. The Secretary may make appointments to such temporary positions in conformity with the civil service laws and rules.
(b) In addition to employees of the Department of Commerce, employees of other departments and independent offices of the Government may, with the consent of the head of the respective department or office, be employed and compensated for field work in connection with the work provided for by law without regard to section 301 of the Dual Compensation Act.
(c) The Secretary may utilize temporary staff, including employees of Federal, State, or local agencies or instrumentalities, and employees of private organizations to assist the Bureau in performing the work authorized by this title, but only if such temporary staff is sworn to observe the limitations imposed by section 9 of this title.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1014; Pub. L. 86–769, § 2, Sept. 13, 1960, 74 Stat. 911; Pub. L. 88–448, title IV, § 401(p), Aug. 19, 1964, 78 Stat. 492; Pub. L. 94–521, § 12(b), Oct. 17, 1976, 90 Stat. 2465.)
§ 24. Special employment provisions
(a) The Secretary may utilize the services of nontemporary employees of the Bureau (by assignment, promotion, appointment, detail, or otherwise) in temporary positions established for any census, for not to exceed the period during which appropriations are available for that census. Whenever the Secretary determines that the services of an employee which have been utilized under this section are no longer required in such a temporary position, he may, without regard to the provisions of any other law, return the employee to a continuing position, with rank and compensation not less than that which he held in his last permanent position in the Bureau: Provided, That no employee shall, by reason of his service in a temporary position under this subsection, lose the protection of any law or regulation with respect to his separation, suspension, furlough, or reduction in rank or compensation below the level held in his last permanent position in the Bureau. Service by a nontemporary employee in a temporary position under this subsection shall be creditable for step-increases (both periodic and longevity) under title VII of the Classification Act of 1949, as amended, as though it were a continuation of service in his last permanent position.
(b) As used in this title with respect to appointments or positions, “temporary” shall be construed to mean not in excess of one year, or not in excess of the specific period during which appropriations are available for the conduct of a particular census, whichever is longer. No employee of the Bureau who holds only a temporary appointment within the meaning of this section shall be considered as other than strictly temporary for purposes of any other provision of law relating to separations, suspensions, or reductions in rank or compensation.
(c) The enlisted men and officers of the uniformed services may be appointed and compensated for service in temporary enumerator positions for the enumeration of personnel of the uniformed services.
(d) The Secretary may fix compensation on a piece-price basis without limitation as to the amount earned per diem, and payments may be made to enumerators for the use of private automobiles on official business without regard to section 4 of the Travel Expense Act of 1949, as amended (5 U.S.C. 837), but at rates not in excess of the rates provided by that Act.
(e) The Secretary may authorize the expenditure of necessary sums for travel expenses of persons selected for appointment for attendance at training courses held by the Department of Commerce with respect to any of the work provided for by law.
(f) Notwithstanding any other provision of law prohibiting the expenditure of public money for telephone service, the Secretary, under such regulations as he shall prescribe, may authorize reimbursement for tolls or charges for telephone service from private residences or private apartments to the extent such charges are determined by the Secretary to have been incurred to facilitate the collection of information in connection with the censuses and surveys authorized by this title.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1015; Pub. L. 86–769, § 3, Sept. 13, 1960, 74 Stat. 911; Pub. L. 88–535, Aug. 31, 1964, 78 Stat. 744.)
§ 25. Duties of supervisors, enumerators, and other employees
(a) Each supervisor shall perform the duties imposed upon him by the Secretary in the enforcement of chapter 5 of this title in accordance with the Secretary’s orders and instructions.
(b) Each enumerator or other employee detailed to serve as enumerator shall be charged with the collection in his subdivision of the facts and statistics called for on such schedules as the Secretary determines shall be used by him in connection with any census or survey provided for by chapter 5 of this title.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1015; Pub. L. 88–530, Aug. 31, 1964, 78 Stat. 737.)
§ 26. Transportation by contract
The Secretary may contract with field employees for the rental and use within the continental limits of the United States of means of transportation, other than motorcycle, automobile, or airplane, and for the rental and use outside of the continental United States of any means of transportation, which means may be owned by the field employee. Such rental contracts shall be made without regard to section 4 of the Travel Expense Act of 1949, as amended (5 U.S.C. 837). The rentals shall be at rates equivalent to the prevailing rental rates of the locality. The rental contracts within the continental United States may be entered into only when the use by the field employee of such other means of transportation is safer, more economical, or more advantageous to the Government than use of his motorcycle, automobile, or airplane in conducting the census.
(Added Pub. L. 85–207, § 6, Aug. 28, 1957, 71 Stat. 482.)