S. Rept. 111-351 - CENSUS OVERSIGHT EFFICIENCY AND MANAGEMENT REFORM ACT OF 2010111th Congress (2009-2010)
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| Report Type: | Senate Report |
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| Accompanies: | S.3167 |
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S. Rept. 111-351 - 111th Congress (2009-2010)
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Senate Report 111-351 - CENSUS OVERSIGHT EFFICIENCY AND MANAGEMENT REFORM ACT OF 2010
[Senate Report 111-351]
[From the U.S. Government Publishing Office]
111th Congress Report
SENATE
2d Session 111-351
_______________________________________________________________________
Calendar No. 647
CENSUS OVERSIGHT EFFICIENCY AND MANAGEMENT REFORM ACT OF 2010
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 3167
TO AMEND TITLE 13 OF THE UNITED STATES CODE TO PROVIDE FOR A 5-YEAR
TERM OF OFFICE FOR THE DIRECTOR OF THE CENSUS AND TO PROVIDE FOR THE
AUTHORITY AND DUTIES OF THE DIRECTOR AND DEPUTY DIRECTOR OF THE CENSUS,
AND FOR OTHER PURPOSES
November 18, 2010.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana GEORGE V. VOINOVICH, Ohio
CLAIRE McCASKILL, Missouri JOHN ENSIGN, Nevada
JON TESTER, Montana LINDSEY GRAHAM, South Carolina
ROLAND W. BURRIS, Illinois
CHRISTOPHER A. COONS, Delaware
Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Kristine V. Lam, Professional Staff Member
Velvet D. Johnson, Counsel, Subcommittee on Federal Financial
Management, Government Information, Federal Services, and International
Security
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
Jennifer L. Tarr, Minority Counsel
Alan S. Elias, Minority Professional Staff Member, Subcommittee on
Federal Financial Management, Government Information, Federal Services,
and International Security
Trina Driessnack Tyrer, Chief Clerk
C O N T E N T S
----------
Page
I. Purpose and Summary..............................................1
II. Background and Need for Legislation..............................2
III. Legislative History..............................................6
IV. Section-by-Section Analysis......................................6
V. Evaluation of Regulatory Impact..................................9
VI. Congressional Budget Office Cost Estimate........................9
VII. Changes in Existing Law Made by the Bill, as Reported............9
Calendar No. 647
111th Congress Report
SENATE
2d Session 111-351
======================================================================
CENSUS OVERSIGHT EFFICIENCY AND MANAGEMENT REFORM ACT OF 2010
_______
November 18, 2010.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 3167]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 3167) to amend
title 13 of the United States Code to provide for a 5-year term
of office for the Director of the Census and to provide for the
authority and duties of the Director and Deputy Director of the
Census, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
I. Purpose and Summary
Recent decennial censuses have been plagued by poor
planning, poor management and poor implementation, problems due
at least in part to the failure of the Commerce Department--the
agency which houses the Census Bureau--to pay adequate
attention to this critical and constitutionally mandated
function. S. 3167 seeks to address these problems by bringing
much needed stability of leadership and organizational reform
to the Census Bureau. Specifically, S. 3167 would create a term
appointment for the Director of the Census Bureau, authorize a
structural reorganization that would grant the Director direct
access to the Secretary of Commerce, and require the Census
Bureau to share its budget request with Congress to ensure
adequate financial support for the planning and preparation of
the census.
II. Background and Need for Legislation
For the past 220 years, the Constitution has required the
government to count our nation's population every ten years.\1\
The responsibility for that endeavor--known as the decennial
census--has long fallen to the Census Bureau (the Bureau), an
agency housed in the Department of Commerce. Although the
Constitution requires only a head count made for the purposes
of apportioning seats in the House of Representatives, Congress
over the years has added to both the decennial census and
numerous other Bureau surveys a far broader range of statistic
collecting responsibilities. The Bureau now gathers vital
economic and demographic data that policy makers at all levels
of government and private businesses rely on for a myriad of
purposes, including distributing federal funding for a variety
of civic programs and public works efforts; drawing federal,
state, and local legislative districts; and enterprise planning
and investment.
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\1\U.S. Constitution, Article I, Sec. 2.
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Collecting all of this information and ensuring its
reliability is a critical, challenging and highly complicated
task. It requires great focus and active and sustained
management, especially when it comes to the decennial census,
which has rightly earned the moniker of our nation's largest
peacetime mobilization.
Despite its critical importance, poor planning and
management have marked the decennial census, unnecessarily
raising both the survey's costs and the risk that it will not
accurately do what it is required to do. The Government
Accountability Office (GAO), for one, has long labeled the
decennial census ``at risk,'' and concerns over the head
count's accuracy have caused great controversy under Democratic
and Republican administrations alike. Most recently, the 2010
Census encountered serious operational and management
challenges that not only threatened to jeopardize its success,
but also increased the total cost of the census to an estimated
$12.9 billion, making it the most expensive census in the
nation's history.\2\
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\2\The initial cost estimate of the 2010 Census was $14.5 billion;
however, the Census came in twenty-two percent under budget, resulting
in a net savings of $1.6 billion. U.S. Department of Commerce. ``U.S.
Commerce Secretary Gary Locke Announces $1.6 Billion in 2010 Census
Savings.'' August 10, 2010. http://www.commerce.gov/news/press-
releases/2010/08/10/us-commerce-secretary-secretary-gary-locke-
announces-16-billion-2010.
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Planning for the decennial census takes years, and each
planning cycle brings about its own set of challenges. The 1990
Census was the first census since 1940 that was less accurate
than the one before it.\3\ Ten years later, the 2000 Census
continued to yield a widespread undercount that
disproportionately affected minorities and the poor.\4\
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\3\GAO, 2010 Census: Data Collection Is Under Way, but Reliability
of Key Information Technology Systems Remains a Risk, GAO-10-567T
(Washington, D.C.: Mar. 2010).
\4\GAO, 2010 Census: The Bureau's Plans for Reducing the Undercount
Show Promise, but Key Uncertainties Remain, GAO-08-1167T (Washington,
D.C.: Sept. 2009).
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While previous decennial censuses relied on a paper-based
operation, the Bureau planned to make greater use of automation
in conducting the 2010 Census. GAO and the Department of
Commerce's Office of Inspector General raised concerns early on
about the Census Bureau's efforts to automate census operations
and manage the contractors hired to perform the work, but the
Census Bureau failed to take any meaningful action to address
these concerns. In a 2004 audit, GAO found that management had
failed to create a comprehensive project plan with information
on operational milestones, measurable performance goals, and
costs.\5\
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\5\GAO, 2010 Census: Cost and Design Issues Need to Be Addressed
Soon, GAO-04-37 (Washington, D.C.: Jan. 2004).
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Similarly, the Inspector General (IG) noted that the Census
Bureau was not prepared to manage the major information
technology contracts needed to automate the 2010 Census. The IG
found weaknesses in the Bureau's ability to define complete and
verifiable system requirements, prepare the solicitation,
select a competent contractor, and oversee contractor
performance to ensure systems were fully developed, tested, and
finalized before operations began.\6\
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\6\Department of Commerce, Office of Inspector General, U.S. Census
Bureau Improving our Measure of America: What the 2004 Census Test Can
Teach Us in Planning for the 2010 Decennial Census (Sept. 2004) (OIC-
16949).
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In March 2006, the Bureau awarded a $596 million contract
to the Harris Corporation for the development of a Field Data
Collection Automation (FDCA) system.\7\ The contract required
Harris to provide automated resources for supporting field data
collection, including the provision of handheld computers for
two major decennial operations: (1) identifying and correcting
addresses for all known living quarters\8\ (2) and collecting
information from households that failed to return census
questionnaires.\9\ The Bureau believed the handheld computers
would reduce the amount of paper used, process data in real
time, and improve the quality of the data while reducing the
cost of the decennial census.
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\7\Harris Corporation. ``Harris Corporation Selected for $600
Million U.S. Census Bureau Field Data Collection Automation Program.''
(March 30, 2006) http://www.harris.com/
view_pressrelease.asp?act=lookup&pr_id=1818.
\8\This operation is known as address canvassing.
\9\This operation is often referred to as non-response follow up or
(NRFU).
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Problems with the FDCA contract arose shortly after it was
executed. In October 2007, GAO reported that the Census Bureau
had made several changes to the requirements of the contract
that contributed to both cost increases and schedule delays of
the FDCA program.\10\ Due to ongoing weaknesses in the Bureau's
management of information technology (including the Bureau's
failure to fully specify how it would measure the performance
of the handheld devices), uncertainty of cost estimates, and
the Bureau's decision to drop testing of several operations
critical in conducting the 2010 Census, GAO designated the 2010
Census a high-risk area in March 2008.\11\
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\10\GAO, Information Technology: Census Bureau Needs to Improve Its
Risk Management of Decennial Systems, GAO-08-79 (Washington, D.C.: Oct.
2007).
\11\GAO, Information Technology: Significant Problems of Critical
Automation Program Contribute to Risks Facing 2010 Census, GAO-08-550T
(Washington, D.C.: Mar. 5, 2008).
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In April 2008, the Department of Commerce and the Bureau
announced that the FDCA contract was likely to incur
significant cost overruns and schedule delays and the handheld
computers were unlikely to be fully operational in time for use
during the non-response follow up operation of the 2010 Census.
Thus, the Bureau decided to redesign the FDCA program to use
the handheld computers for address canvassing, but to revert to
``pen and paper'' methods for its non-respondent follow-up
operation. These last minute design changes increased the total
estimated cost of the 2010 Census from $11.5 billion to
approximately $12.9 billion.\12\
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\12\GAO, 2010 Census: Data Collection Is Under Way, but Reliability
of Key Information Technology Systems Remains a Risk, GAO-10-567T
(Washington, D.C.: Mar. 2010).
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These technological challenges were further exacerbated by
the organizational difficulties confronting the Census Bureau.
In addition to the demanding planning and implementation tasks
that the Census Bureau routinely faces as it moves closer to
enumeration, the Bureau's 2010 operations were further hampered
by the disruptions associated with frequent changes in
leadership over the decade.
Censuses by their nature cannot be fully designed and fully
executed in a short period of time, but the 2010 Census
experienced several changes in leadership and vast spans of
time with acting or interim Directors which further put the
operation at risk. In the 27 months leading up to Census Day
(April 1, 2010), the Bureau had three different Senate-
confirmed heads. The Bureau's latest Director, Dr. Robert
Groves, was confirmed by the Senate on July 13, 2009, just
seven months before the start of the 2010 Census. Moreover, the
2010 Census became the fifth of the last seventh censuses to be
led by a director appointed just months before the event.
S. 3167 seeks to minimize the operational problems that the
lack of steady leadership and management helped cause in prior
decennials. The bill would make the Director of the Census
Bureau a Presidential Term appointment of five years. Under
current law, the Director has no fixed term, but serves at the
pleasure of the President. This has been extremely problematic
given that the Census Bureau operates on a 10-year cycle, split
into two five-year phases--planning and operational--creating
the need to ensure continuity across administrations.
Consequently, as the Bureau faces its largest project, the
prior census is often conducted by a prior administration. The
only institutional memory related to how to run a census rests
in career employees at the Census Bureau. This cycle also means
that every 20 years--as has occurred recently--the Director of
the Census Bureau is a Presidential appointee of a President
inaugurated in January of the year ending in `9.' That Director
is not in office in time to have any role in the planning of
the census he or she is charged to direct.
A fixed term would also signal that the Census Directorship
is a scientific rather than political position, as is the case
for the head of other statistical agencies such as the Bureau
of Labor Statistics and the National Center for Education
Statistics.\13\ These too are presidential appointments, but
have fixed terms. In fact, among all high level presidential
appointees with scientific responsibilities, the Census Bureau
Director is unique in not having a fixed term.\14\
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\13\The Bureau of Labor Statistics and the National Center for
Education Statistics have heads who are appointed and confirmed to
fixed terms of 4 and 6 years, respectively (29 U.S.C. Sec. 3 and 20
U.S.C. Sec. 9517(b)).
\14\13 U.S.C. Sec. 21.
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To further ensure the independence of the Census Bureau,
the bill authorizes the Director to report directly to the
Secretary of Commerce without being required to report through
any other official at the Department. Under current law, the
Census Bureau is housed within the Department of Commerce and
is required to report to the head of the Economic and
Statistics Administration (ESA), a subagency comprised of both
Census and the Bureau of Economic Analysis (BEA).
The Commerce Department is responsible for many activities
and several very large agencies. For the Commerce Department,
the importance of the Census Bureau waxes and wanes, peaking as
the Decennial approaches but then drifting down the
Department's priority list.\15\ The Census Bureau, however,
conducts extensive preparatory activities for the Decennial
Census during the entire decade preceding it. Having direct
access to the Secretary provides the Census Bureau with greater
attention from departmental policy makers, as well as the
opportunity to present the case for new statistical initiatives
and budgetary resources to the secretary directly.
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\15\Senate Committee on Homeland Security and Governmental Affairs,
Testimony of Dr. Barbara E. Bryant, Lessons Learned: How the
Administration Can Achieve an Accurate and Cost-Effective Census (March
5, 2009).
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The other major provision of the bill requires the Bureau
to share with Congress the budget request it submits to
Commerce prior to the request's submission to the Office of
Management and Budget (OMB). The Census budget is cyclical and
must increase dramatically in the years preceding the census to
pay for necessary preparations. These preparations include
opening early local offices, hiring temporary headquarters and
regional staff, printing hundreds of millions of forms,
verifying local addresses across the country, and conducting
promotional activities.
This provision enables the Bureau to better inform Congress
of its budgetary needs early on while allowing Congress to gain
a better assessment of the Bureau's needs as the final
preparations for decennial operations begin. Further, it also
provides Congress with prompt notification of operational
problems, similar to those experienced with the handheld
computers, which could result in significant emergency
expenditures.\16\
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\16\Congress provided the Bureau with nearly $7.1 billion in
emergency spending for 2010 decennial census operations in the
Legislative Branch Appropriations Act, 2010 (P.L. 111-68).
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The bill also grants the Census Director the authority to
submit legislative recommendations, testimony, or comments to
Congress without being subjected to prior review by
Administration officials. As the nation's largest general-
purpose statistical agency, a widely acknowledged position of
independence is necessary for the Bureau to have credibility
and to carry out its function to provide an unhindered flow of
useful, high-quality information to its data users. Without the
credibility that comes from a strong degree of independence,
users may lose trust in the accuracy and objectivity of the
agency's data, and data providers may become less willing to
cooperate with agency requests. In essence, the Bureau must be
insulated from those parts of the Department carrying out
policy-making activities. It must be impartial and avoid even
the appearance that its collection, analysis, and reporting
processes might be manipulated for political purposes.
Lastly, the bill requires the Census Bureau to re-examine
the use of the internet as a public response option for the
2020 Count. As part of its 2010 design, the Bureau originally
included internet functionality as part of its Decennial
Response Integration System (DRIS) contract, a system that was
to collect data from all sources--census forms, telephone
interviews, the internet and, at one time, handheld computers--
and provide the information to other bureau systems for
analysis and processing. In May 2006, however, the bureau
announced that the internet response option was no longer a
requirement of DRIS contract, which was facing delays. The
Bureau said it removed the internet requirement from the
contract partly because of the potential risks associated with
computer security attacks.
The Committee believes that the Bureau should develop plans
for internet use early enough in the decade so that security
risks can be effectively mitigated. Studies conducted by the
National Academy of Sciences all conclude that the use of the
internet for data collection in the decennial census presents
important opportunities for cost reductions and improvements in
data quality. These include cost savings through the reduction
in the number of forms that have to be scanned or keyed for
data entry, as well as savings in field work as a result of
more prompt receipt of individual data.\17\
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\17\National Research Council. Experimentation and Evaluation Plans
for the 2010 Census: Interim Report. Panel on the Design of the 2010
Census Program of Evaluations and Experiments, Lawrence D. Brown,
Michael L. Cohen, and Daniel L. Cork, editors. Committee on National
Statistics, Division of Behavioral and Social Sciences and Education.
Washington, DC: The National Academies Press (2008).
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These reforms would, in sum, help ensure that the Census
Bureau avoids the operational challenges experienced during
past decennials while enjoying the independence of governance
that will best enable it to perform its essential function of
producing an accurate and cost-effective headcount.
III. Legislative History
S. 3167 was introduced by Senator Carper and Senator Coburn
on March 25, 2010, read twice, and then referred to the
Committee on Homeland Security and Governmental Affairs. The
Committee considered S. 3167 on April 28, 2010. The Committee
ordered the bill reported favorably by voice vote, as amended
by one amendment offered by Senator Coburn. The amendment
states that the Census director must have demonstrated the
ability to manage large organizations, and it lengthens the
time period for submission of reasons for removal of a Census
director by the president from thirty to sixty days prior to
removal. Members present for votes on the bill and on the
Coburn amendment were Senators Lieberman, Akaka, Carper, Pryor,
Burris, Kaufman, Collins, Coburn, McCain, and Graham.
IV. Section-by-Section Analysis
Section 1. Short title
This section states that this measure may be cited as the
``Census Oversight Efficiency and Management Reform Act of
2010.''
Section 2. Authorities and duties of the Director and Deputy Director
of the Census
Section 2 of the bill amends 13 U.S.C. Sec. 21. The section
references below are to that U.S. Code provision.
Section 21(a) strikes the current language in 13 U.S.C.
Sec. 21 and inserts instead definitions for ``Director,''
``Deputy Director,'' and ``function.'' Director is defined as
Director of the Census; Deputy Director as Deputy Director of
the Census; and function is specified to include any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
Section 21(b)(2) maintains the requirement that the
Director be appointed by the President, subject to Senate
confirmation, while adding a requirement that nominees possess
demonstrated ability in management and experience in data
collection, analysis, and use. The section authorizes the
Director to report directly to the Secretary of Commerce and
precludes any other officer or federal agency from requiring
the Director to submit legislative recommendations, testimony,
or comments for review before their submission to Congress if
the material includes a statement indicating that it expresses
the Bureau's views and not necessarily the President's.
Section 21(b)(3) creates a five-year term of office for the
Director, beginning on January 5, 2012 and states that the
Director may not serve more than two full terms. This section
further provides that the tenure of anyone appointed to fill a
vacancy in the middle of a term lasts only until the end of
that term (subject to reappointment). The Director may continue
to serve after his or her term has ended, until either he or
she is reappointed or a successor is appointed, but in no event
for more than one additional year. The President may remove the
Director from office, but must communicate reasons for the
removal to both House of Congress sixty days prior to doing so.
Section 21(b)(4) states that the Director shall be
responsible for the exercise of all powers and the discharge of
all duties of the Bureau. This section further provides that
the Director has authority and control over all personnel and
activities of the Bureau. This authority includes the power to
appoint the Deputy Director (who, under Section 21(b)(10), must
be a career employee). Currently, the Commerce Secretary, not
the Director, appoints the Deputy Director.
Section 21(b)(5) specifies that the Director may establish,
alter, consolidate, or discontinue organizational units or
components within the Bureau as deemed necessary or
appropriate, except those units or components established by
law.
Section 21(b)(6) gives the Director the authority to
establish advisory committees to provide advice about any of
his or her functions. Advisory committee members would serve
without pay, but, in accordance with 5 U.S.C. 5703, could have
their transportation expenses covered and receive a per diem in
lieu of subsistence.
Section 21(b)(7) authorizes the Director, in consultation
with the Commerce Secretary, to prescribe such rules and
regulations as the Director deems necessary or appropriate to
carry out the functions of his or her directorship. This
section is intended to allow the Director to issue rules and
regulations in order to mitigate or resolve issues that may
arise during the course of data collection. This authority is
not intended to authorize the Director to waive any current law
such as Title 13 or the Administrative Procedure Act (P.L. 79-
404).
Section 21(b)(8) provides that the Director may assign
duties, and delegate, or authorize successive redelegations of
authority to act and render decisions to officers and employees
of the Bureau. This section further states that within the
limitations of such assignments, delegations, or re-
delegations, all official acts and decisions of such officers
and employees shall have the same force and effect as though
performed or rendered by the Director.
Section 21(b)(9) requires the Census Director to provide
budget information to the appropriate Congressional Committees
at the time the Director submits a budget request to the
Commerce Secretary to be included in the President's budget
request, but prior to the Commerce Department's budget request
submission to OMB.
Section 21(b)(10) provides that there be a Deputy Director
of the Census, who shall serve at the pleasure of the Director
and perform such functions as the Director shall designate. The
position of Deputy Director shall be a career reserved
position. This section further outlines the transition rules
for the appointment of the initial Census Director. The initial
Director shall be appointed in accordance with the provisions
in Section 21(b) of Title 13. However, if as of January 1,
2012, the initial Director has not taken office, the officer
serving on December 31, 2011 shall remain in this position
until the initial Director has taken office and report directly
to the Secretary of Commerce.
Section 3. Internet response option
This section provides that, within 180 days after enactment
of this Act, the Director is to give Congress a plan on how the
Bureau will test, develop, and implement an option for internet
responses to the 2020 census and the American Community Survey.
The plan is to include a description of how and when the
feasibility of internet responses will be tested, which
stakeholders will be consulted, what data will be collected,
when they will be collected, and how they will be protected.
Section 4. Annual reports
This section amends Subchapter 1 of chapter 1 of Title 13
of the U.S. Code by adding ``annual reports'' as a new section.
It further provides that, no later than the date the
President's budget request is submitted for a fiscal year under
31 U.S.C. 1105, the Director is to give the appropriate
congressional committees a comprehensive status report on the
next decennial census, beginning with the 2020 census. Each
report is to include the following information: (1) a
description of the Bureau's performance goals and performance
measures for each significant decennial operation; (2) an
assessment of the risks associated with each operation,
including the interrelationships among the operations and
mitigation plans; (3) detailed estimates of milestones for each
operation, including estimated testing dates, and justification
for any changes to the estimates; (4) updated life-cycle cost
estimates for the decennial census, including sensitivity
analysis and an explanation of significant changes in the
assumptions underlying the estimates; (5) a detailed
description of all contracts over $50 million entered into for
each significant decennial operation. In addition, this
subsection specifies that the term `significant decennial
operation' includes any program or information technology
related to: (1) developing an accurate address list; (2) data
collection, processing, and dissemination; (3) recruiting and
hiring temporary employees; (4) marketing, communications, and
partnerships; and (5) coverage measurement.
V. Regulatory Impact and Evaluation
Pursuant to the requirement of paragraph 11(b)(1) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. CBO states that
the bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
June 17, 2010.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 3167, the Census
Oversight Efficiency and Management Reform Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susan Willie.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 3167--Census Oversight Efficiency and Management Reform Act of 2010
S. 3167 would amend current law to provide for a five-year
term of office for the Director of the Census and to specify
the authority and duties of both the Director and Deputy
Director. The bill also would require the Bureau of the Census
to plan for an Internet response option for the 2020 Census and
for the American Community Survey. Finally, S. 3167 would
require the bureau to prepare an annual report for the Congress
on the status of the next decennial census.
Based on information from the Bureau of the Census, CBO
estimates that implementing the provisions of S. 3167 would not
significantly increase spending subject to appropriation
because efforts to plan for an Internet response option are
already underway. Enacting S. 3167 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures would
not apply.
S. 3167 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Susan Willie.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 3167 as reported are shown as follows (existing law proposed
to be omitted is enclosed in brackets, new matter is printed in
italic, and existing law in which no change is proposed is
shown in roman):
Title: To amend Title 13 of the United States Code to provide
for a 5-year term of office for the Director of the Census and
to provide for the authority and duties of the Director and
Deputy Director of the Census, and for other purposes.
TITLE 13--CENSUS
CHAPTER 1--ADMINISTRATION
Subchapter II--Officers and Employees
SEC. 21. DIRECTOR OF THE CENSUS; DEPUTY DIRECTOR OF THE CENSUS;
AUTHORITY; AND DUTIES.
(a) Definitions.--As used in this section--
(1) `Director' means the Director of the Census;
(2) `Deputy Director' means the Deputy Director of
the Census; and
(3) `function' includes any duty, obligation, power,
authority, responsibility, right, privilege, activity,
or program.
(b) Director of the Census.--
(1) Appointment.--
(A) 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. The Director shall perform such
duties as may be imposed upon him by law,
regulations, or orders of the Secretary.
(B) Qualifications.--Such appointment shall
be made from individuals who have a
demonstrated ability in management and
experience in the collection, analysis, and use
of statistical data.
(2) General authority and duties.--
(A) In general.--The Director shall report
directly to the Secretary without being
required to report through any other official
of the Department of Commerce.
(B) Duties.--The Director shall perform such
duties as may be imposed upon the Director by
law, regulations, or orders of the Secretary.
(C) Independence of director.--No officer or
agency of the United States shall have any
authority to require the Director to submit
legislative recommendations, or testimony, or
comments for review prior to the submission of
such recommendations, testimony, or comments to
Congress if such recommendations, testimony, or
comments to Congress include a statement
indicating that the views expressed therein are
those of the Bureau and do not necessarily
represent the views of the President.
(3) Term of office.--
(A) 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.
(B) 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.
(C) 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 30 days
before the removal.
(4) Functions.--The Director shall be responsible for
the exercise of all powers and the discharge of all
duties of the Bureau, and shall have authority and
control over all personnel and activities thereof.
(5) Organization.--The Director may establish, alter,
consolidate, or discontinue such organizational units
or components within the Bureau as the Director
considers necessary or appropriate, except that this
paragraph shall not apply with respect to any unit or
component provided for by law.
(6) Advisory committees.--The Director may establish
advisory committees to provide advice with respect to
any function of the Director. Members of any such
committee 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.
(7) Regulations.--The Director may, in consultation
with the Secretary, prescribe such rules and
regulations as the Director considers necessary or
appropriate to carry out the functions of the Director.
(8) Delegations, etc.--The Director may assign
duties, and delegate, or authorize successive
redelegations of, authority to act and to render
decisions, to such officers and employees of the Bureau
as the Director may find necessary. Within the
limitations of such assignments, delegations, or
redelegations, all official acts and decisions of such
officers and employees shall have the same force and
effect as though performed or rendered by the Director.
An assignment, delegation, or redelegation under this
paragraph may not take effect before the date on which
notice of such assignment, delegation, or redelegation
(as the case may be) is published in the Federal
Register.
(9) Budget requests.--At the time the Director
submits a budget request to the Secretary for inclusion
in the President's budget request for a fiscal year
submitted under section 1105 of title 31, and prior to
the submission of the Department of Commerce budget to
the Office of Management and Budget, the Director shall
provide that budget information to the Committee on
Oversight and Government Reform of the House of
Representatives and the Committee on Governmental
Affairs of the Senate, as well as the Committees on
Appropriations of the House of Representatives and the
Senate. All other budget requests from the Bureau to
the Secretary shall be made available to the Committees
on Appropriations of the House of Representatives and
the Senate.
(10) Other authorities.--
(A) Personnel.--Subject to sections 23 and
24, but notwithstanding any other provision of
law, the Director, in carrying out the
functions of the Director or the Bureau, may
use the services of officers and other
personnel in other Federal agencies, including
personnel of the Armed Forces, with the consent
of the head of the agency concerned.
(B) Voluntary services.--Notwithstanding
section 1342 of title 31, or any other
provision of law, the Director may accept and
use voluntary and uncompensated services.
(c) Deputy Director.--
(1) In general.--There shall be in the Bureau a
Deputy Director of the Census, who shall be appointed
by and serve at the pleasure of the Director. The
position of Deputy Director shall be a career reserved
position within the meaning of section 3132(a)(8) of
title 5.
(2) Functions.--The Deputy Director shall perform
such functions as the Director shall designate.
(3) Temporary authority to perform functions of
director.--The provisions of sections 3345 through
3349d of title 5 shall apply with respect to the office
of Director. The first assistant to the office of
Director is the Deputy Director for purposes of
applying such provisions.
(b) Transition Rules.--
(1) Appointment of initial director.--The initial
Director of the Bureau of the Census shall be appointed
in accordance with the provisions of section 21(b) of
title 13, United States Code, as amended by subsection
(a).
(2) Interim role of current director of the census
after date of enactment.--If, as of January 1, 2012,
the initial Director of the Bureau of the Census has
not taken office, the officer serving on December 31,
2011, as Director of the Census (or Acting Director of
the Census, if applicable) in the Department of
Commerce--
(A) shall serve as the Director of the Bureau
of the Census;
(B) shall assume the powers and duties of
such Director, until the initial Director has
taken office; and
(C) shall report directly to the Secretary of
Commerce.
(c) Clerical Amendment.--The item relating to section 21 in
the table of sections for chapter 1 of title 13, United States
Code, is amended to read as follows:
``21. Director of the Census; Deputy Director of the Census; authority
and duties.''
(d) Technical and Conforming Amendments.--Not later than
January 1, 2011, the Secretary of Commerce, in consultation
with the Director of the Census, shall submit to each House of
the Congress draft legislation containing any technical and
conforming amendments to title 13, United States Code, and any
other provisions which may be necessary to carry out the
purposes of this Act.
SEC. 3. INTERNET RESPONSE OPTION.
Not later than 180 days after the date of the enactment of
this Act, the Director of the Census, shall provide a plan to
Congress on how the Bureau of the Census will test, develop,
and implement an Internet response option for the 2020 Census
and the American Community Survey. The plan shall include a
description of how and when feasibility will be tested, the
stakeholders to be consulted, when and what data will be
collected, and how data will be protected.
SEC. 4. ANNUAL REPORTS.
(a) In General.--Subchapter I of chapter 1 of title 13,
United States Code, is amended by adding at the end the
following new section:
``SEC. 17. ANNUAL REPORTS.
``(a) Not later than the date of the submission of the
President's budget request for a fiscal year under section 1105
of title 31, the Director of the Census shall submit to the
appropriate congressional committees a comprehensive status
report on the next decennial census, beginning with the 2020
decennial census. Each report shall include the following
information:
``(1) A description of the Bureau's performance goals
for each significant decennial operation, including the
performance measures for each operation.
``(2) An assessment of the risks associated with each
significant decennial operation, including the
interrelationships between the operations and a
description of relevant mitigation plans.
``(3) Detailed milestone estimates for each
significant decennial operation, including estimated
testing dates, and justification for any changes to
milestone estimates.
``(4) Updated cost estimates for the life cycle of
the decennial census, including sensitivity analysis
and an explanation of significant changes in the
assumptions on which such cost estimates are based.
``(5) A detailed description of all contracts over
$50,000,000 entered into for each significant decennial
operation, including--
``(A) any changes made to the contracts from
the previous fiscal year;
``(B) justification for the changes; and
``(C) actions planned or taken to control
growth in such contract costs.
``(b) For purposes of this section, the term `significant
decennial operation' includes any program or information
technology related to--
``(1) the development of an accurate address list;
``(2) data collection, processing, and dissemination;
``(3) recruiting and hiring of temporary employees;
``(4) marketing, communications, and partnerships;
and
``(5) coverage measurement.''.
(b) Clerical Amendment.--The table of sections for chapter
1 of title 13, United States Code, is amended by inserting
after the item relating to section 16 the following new item:
17. Annual reports.
(c) Effective Date.--The amendments made by this section
shall apply to budget requests for fiscal years beginning after
September 30, 2010.