A bill 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.

Summary: Census Oversight Efficiency and Management Reform Act of 2010 - Requires the individual appointed as Director of the Census to have a demonstrated ability in managing large organizations and experience in the collection, analysis, and use of statistical data.

Provides that: (1) the Director shall report directly to the Secretary of Commerce; and (2) no U.S. officer or agency shall have authority to require the Director to submit legislative recommendations, testimony, or comments for review prior to the submission to Congress if such submission includes a statement indicating that the views expressed are those of the Bureau of the Census and do not necessarily represent the views of the President.

Requires the term of office of the Director to be five years and to begin on January 1, 2012, and every fifth year thereafter. Prohibits an individual from serving more than two full terms as Director. Sets forth provisions governing: (1) vacancies in and removal from office; and (2) the authorities and duties of the Director.

Requires the Director to establish a technology advisory committee, whose members shall be selected from the public, private, and academic sectors, to make recommendations to the Director and publish reports on the use of commercially available technologies and services to improve efficiencies and manage costs in the implementation of the census and census-related activities, including pilot projects.

Establishes the position of Deputy Director of the Census.

Requires the Director to: (1) provide a plan to Congress on how the Bureau will test, develop, and implement an Internet response option for the 2020 Census and the American Community Survey; and (2) submit to the appropriate congressional committees, by the date of submission of the President's budget request for a fiscal year, a comprehensive status report on the next decennial census.

Requires each report to include: (1) a description of the Bureau's performance goals for each significant decennial operation; (2) an assessment of the risks associated with each such operation; (3) detailed milestone estimates for each such operation; (4) updated cost estimates for the life cycle of the decennial census; and (5) a detailed description of all contracts over $50 million entered into for each such operation.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Census Oversight Efficiency and 
Management Reform Act of 2010''.

SEC. 2. AUTHORITY AND DUTIES OF DIRECTOR AND DEPUTY DIRECTOR OF THE 
              CENSUS.

    (a) In General.--Section 21 of the title 13, United States Code, is 
amended to read as follows:
``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.
                    ``(B) 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.
            ``(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, 
                regulation, 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 60 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.--
                    ``(A) Advisory committees generally.--
                            ``(i) Authority to establish.--The Director 
                        may establish such advisory committees as the 
                        Director considers appropriate to provide 
                        advice with respect to any function of the 
                        Director.
                            ``(ii) Compensation and expenses.--Members 
                        of any advisory committee established under 
                        clause (i) 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.
                    ``(B) Technology advisory committee.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of the enactment of the Census 
                        Oversight Efficiency and Management Reform Act 
                        of 2010, the Director shall establish a 
                        technology advisory committee under 
                        subparagraph (A).
                            ``(ii) Membership.--Members of the 
                        technology advisory committee shall be selected 
                        from the public, private, and academic sectors 
                        from among those who have experience in 
                        technologies and services relevant to the 
                        planning and execution of the census.
                            ``(iii) Duties.--The technology advisory 
                        committee shall make recommendations to the 
                        Director and publish reports on the use of 
                        commercially available technologies and 
                        services to improve efficiencies and manage 
                        costs in the implementation of the census and 
                        census-related activities, including pilot 
                        projects.
            ``(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) 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.

            Passed the Senate December 8, 2010.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                                S. 3167

_______________________________________________________________________

                                 AN ACT

  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.