[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8326 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8326
To amend title 13, United States Code, to improve the operations of the
Bureau of the Census, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2022
Mrs. Carolyn B. Maloney of New York introduced the following bill;
which was referred to the Committee on Oversight and Reform
_______________________________________________________________________
A BILL
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 Secretary shall include in such request 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 are submitted to the
President under subsection (a), the Secretary 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) For-Cause Removal of Director; Duties.--Section 21 of title 13,
United States Code, is amended--
(1) in subsection (b)(3), by inserting after ``the
President'' the following: ``only for inefficiency, neglect of
duty, or malfeasance in office''; and
(2) by amending subsection (c) 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 possess knowledge of, or
experience in, the work of the Bureau, and possess experience
in relevant fields, including demography, economics, survey
methodology, statistics, or data science.
``(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.
``(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.''.
(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 two 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 (h);
(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.
``(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 (h), as so redesignated, by inserting
``Definition.--'' before ``As used in''.
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