[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8326 Engrossed in House (EH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8326
_______________________________________________________________________
AN ACT
To amend title 13, United States Code, to improve the operations of the
Bureau of the Census, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring a Fair and Accurate Census
Act''.
SEC. 2. MODIFICATION OF CERTAIN BUREAU OF THE CENSUS AUTHORITIES.
(a) Budget Requests.--
(1) In general.--Subchapter I of chapter 1 of title 13,
United States Code, is amended by inserting after section 13
the following:
``Sec. 14. Budget requests
``(a) With respect to the budget request of the Bureau for fiscal
year 2027 and each fiscal year thereafter submitted to the President
for inclusion in the annual budget submission under section 1105(a) of
title 31, the Director shall include in such request to the Secretary
the estimated costs of carrying out the duties of the Bureau during the
five-year period beginning on the fiscal year covered by such request.
``(b) On the date that the estimate of costs is submitted to the
Secretary under subsection (a), the Director shall submit such estimate
to the Committee on Oversight and Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committees on the Budget of the House of
Representatives and the Senate, and the Committees on Appropriations of
the House of Representatives and the Senate.''.
(2) Clerical amendment.--The table of sections for such
subchapter is amended by inserting after the item relating to
section 13 the following new item:
``14. Budget requests.''.
(b) Duties.--Section 21(c) of title 13, United States Code, is
amended to read as follows:
``(c) Duties.--
``(1) In general.--The Director shall perform such duties
as may be imposed upon the Director by law, regulations, or
orders of the Secretary. The Director shall report directly to
the Deputy Secretary of Commerce.
``(2) Decennial census.--Any operational, statistical, or
technical decision for any decennial census of population may
be made only by the Director.''.
(c) Advisory Committees; Deputy Director.--
(1) In general.--Section 21 of title 13, United States
Code, as amended by subsection (b), is further amended--
(A) in the section heading, by striking ``duties''
and inserting ``Deputy Director; advisory committees'';
and
(B) by adding at the end the following:
``(d) Deputy Director.--
``(1) In general.--There shall be in the Bureau a single
Deputy Director of the Bureau, to be appointed by the Director.
The position of Deputy Director shall be a career reserved
position (as that term is defined in section 3132(a)(8) of
title 5). The Deputy Director shall be selected from among any
career appointee (as that term is defined in section 3132(a)(4)
of such title) at any agency. The individual appointed to the
position of Deputy Director 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.
``(2) Functions.--The Deputy Director shall perform such
functions as the Director shall designate. During any absence
or disability of the Director, the Deputy Director shall act as
Director.
``(3) Vacancy.--In the event of a vacancy in the office of
Director, or when the Director is absent or unable to serve,
the Deputy Director shall act as Director until a Director is
appointed. If no individual is serving as Deputy Director, the
highest level career employee of the Bureau shall act as
Director until a Deputy Director or Director is appointed. This
paragraph shall serve as the exclusive means of designating an
acting Director.
``(4) Census equity official.--The Deputy Director shall
appoint an employee within the Bureau, who shall report
directly to the Deputy Director, and who shall be responsible
for optimizing racial and ethnic equity in the decennial census
of population, including by--
``(A) enhancing outreach to, and collaborating
with, organizations and stakeholders that have
demonstrated their influence with racial and ethnic
communities that historically have had census
participation rates that are lower than those of the
overall population;
``(B) maximizing participation among racial and
ethnic demographic cohorts that have historically had
census participation rates that are lower than those of
the overall population;
``(C) rectifying the undercount of cohorts of the
population that have been undercounted in recent
decennial census counts; and
``(D) any other strategies, initiatives,
activities, or operations that would optimize such
equity.
``(e) Advisory Committees.--
``(1) General authority.--In accordance with the Federal
Advisory Committee Act (5 U.S.C. App.), and subject to
paragraph (2), the Director may establish advisory committees
to provide advice with respect to the mission of the Bureau.
Members of any such committee, including a committee
established under paragraph (2), shall serve without
compensation, but shall be entitled to transportation expenses
and per diem in lieu of subsistence in accordance with section
5703 of title 5.
``(2) Specific advisory committees.--
``(A) Bureau of the census advisory committee on
statistical quality standards.--The Director shall
appoint a committee, to be known as the `Advisory
Committee on Statistical Quality Standards', composed
of five members to review and provide recommendations
on the statistical quality standards of the Bureau that
guide the production and release of all Bureau
decennial census products.
``(B) National advisory committee and scientific
advisory committee.--There are hereby established the
Bureau of the Census Scientific Advisory Committee and
the Census Bureau National Advisory Committee on
Racial, Ethnic, and Other Populations, as described in
the charters for each such committee published on March
15, 2022, and March 23, 2022, respectively, or any
subsequent charters. Such advisory committees shall
operate under the terms and conditions set forth in the
applicable charter.
``(C) 2030 census advisory committee.--The Director
shall appoint an advisory committee, substantially
similar to the 2010 Census Advisory Committee,
consisting of up to 20 member organizations to address
policy, research, and technical issues related to the
design and implementation of the 2030 decennial census
and the American Community Survey.''.
(2) Clerical amendment.--The table of sections for
subchapter II of chapter 1 of such title is amended by striking
the item relating to section 21 and inserting the following:
``21. Director of the Census; Deputy Director; advisory committees.''.
(d) Position Requirements.--Section 22 of title 13, United States
Code, is amended--
(1) by striking ``All permanent'' and inserting ``(a) In
General.--All permanent''; and
(2) by adding at the end the following:
``(b) Positions.--Each position within the Bureau shall be a career
position within the civil service, except for the position of the
Director and not more than three other positions.''.
SEC. 3. LIMITATIONS AND REQUIREMENTS FOR THE DECENNIAL CENSUS.
Section 141 of title 13, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following:
``(g) Limitations and Requirements.--
``(1) Notice to congress of subjects, types of information,
and questions.--In the 2030 decennial census of population and
each decennial census thereafter, the Secretary may not include
any subject, type of information, or question that was not
submitted to Congress in accordance with subsection (f).
``(2) Biannual reports.--
``(A) Submission to congress.--Not later than April
1 of the calendar year beginning after the date of
enactment of the Ensuring a Fair and Accurate Census
Act and biannually thereafter, the Secretary shall
submit to Congress a report that--
``(i) describes each component of the
operational plan for the subsequent decennial
census of population; and
``(ii) includes a detailed statement on the
status of all research, testing, and operations
that are part of the Bureau's comprehensive
plan for the decennial census, and including a
detailed statement on the status of any
initiatives, developments, and operations
within the purview of the official appointed by
the Deputy Director under section 21(d)(4).
``(B) Internet publication.--On the date on which
the Secretary submits a report under subparagraph (A),
the Secretary shall publish the report on the public
internet website of the Bureau.
``(3) Secretary certification.--
``(A) In general.--The Secretary, upon the date of
submission of the report required by subsection (f)(2),
shall submit, to the committees of Congress having
legislative jurisdiction over the census, a
certification stating that any question that has not
appeared on the previous two decennial censuses has
been researched, studied, and tested according to
established statistical policies and procedures.
``(B) GAO review.--Not later than 6 months after
the Secretary submits a certification under paragraph
(2), the Comptroller General of the United States shall
review such certification and submit a report to
Congress on whether the questions to be included in the
census have been researched, studied, and tested
according to established statistical policies and
procedures.''; and
(3) in subsection (i), as so redesignated, by inserting
``Definition.--'' before ``As used in''.
SEC. 4. DECENNIAL CENSUS LIFECYCLE COST ESTIMATES.
Section 141 of title 13, United States Code, as amended by section
3, is further amended by inserting after subsection (g) the following:
``(h) Lifecycle Costs.--
``(1) Estimate.--Not later than January 1, 2026, and every
ten years thereafter, the Director shall transmit to the chairs
of the committees described in paragraph (3) a lifecycle cost
estimate for the decennial census of population first occurring
after the date of such transmittal. Such estimate shall include
the following with respect to such lifecycle:
``(A) An estimate of costs by each fiscal year.
``(B) Estimates of capital versus operating
expenses.
``(C) Staffing projections for each year.
``(D) Assumptions about response rates, wages, and
other economic variables.
``(2) Update.--On the date the President submits the annual
budget under section 1105(a) of title 31 during any calendar
year a decennial of census of population is taken under this
section, and on the date such annual budget is submitted during
the immediately preceding four calendar years, the Director
shall transmit a report describing any changes to the
applicable lifecycle estimate transmitted under paragraph (1).
Such report shall include the following:
``(A) The basis for any such changes.
``(B) Projected impacts on response rates, staffing
requirements, or costs throughout the lifecycle.
``(C) An explanation of any differences in
budgetary resources between the amount requested in the
President's annual budget request and the lifecycle
cost estimate, as updated by this paragraph.
``(3) Committees.--The committees described in this
paragraph are the Committee on Oversight and Reform of the
House of Representatives, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committees on
Appropriations of the House of Representatives and the
Senate.''.
SEC. 5. REPORT ON LOCAL-LEVEL DATA AND LOCAL FIELD OPERATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Bureau of the Census shall submit to Congress
a report that--
(1) reviews the Bureau's current processes for consulting
and engaging with jurisdictions and local partners in
conducting the decennial census, including as it relates to
preventing and addressing inaccuracies;
(2) provides an update on the Bureau's progress in
implementing several of the Government Accountability Office's
recommendations as it relates to the collection and utilization
of local-level data and coordination of local field operations;
and
(3) outlines additional resources needed to support and
improve the Bureau's capacity to conduct an accurate count of
the Nation's population.
Passed the House of Representatives September 15, 2022.
Attest:
Clerk.
117th CONGRESS
2d Session
H. R. 8326
_______________________________________________________________________
AN ACT
To amend title 13, United States Code, to improve the operations of the
Bureau of the Census, and for other purposes.