U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

99–010 

" ! SENATE 

111TH CONGRESS

2d Session 

REPORT

2010

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 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

ROLAND W. BURRIS, Illinois 

CHRISTOPHER A. COONS, Delaware 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

SCOTT P. BROWN, Massachusetts 

JOHN MCCAIN, Arizona 

GEORGE V. VOINOVICH, Ohio 

JOHN ENSIGN, Nevada 

LINDSEY GRAHAM, South Carolina 

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 


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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 


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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. 


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1 U.S. Constitution, Article I, Sec. 2. 

2The 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. 3GAO, 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). 4GAO, 2010 Census: The Bureau’s Plans for Reducing the Undercount Show Promise, but Key 

Uncertainties Remain, GAO–08–1167T (Washington, D.C.: Sept. 2009). 

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. 

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

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

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 conVerDate Mar 15 2010 19:41 Nov 22, 2010 Jkt 099010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR351.XXX SR351

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5GAO, 2010 Census: Cost and Design Issues Need to Be Addressed Soon, GAO–04–37 (Washington, D.C.: Jan. 2004). 6Department 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). 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/ 

viewlpressrelease.asp?act=lookup&prlid=1818. 8This operation is known as address canvassing. 

9This operation is often referred to as non-response follow up or (NRFU). 

10GAO, Information Technology: Census Bureau Needs to Improve Its Risk Management of Decennial Systems, GAO–08–79 (Washington, D.C.: Oct. 2007). 11GAO, Information Technology: Significant Problems of Critical Automation Program Contribute to Risks Facing 2010 Census, GAO–08–550T (Washington, D.C.: Mar. 5, 2008). 12GAO, 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). 

cerns. 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

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

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. 

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

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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13The 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. § 3 

and 20 U.S.C. § 9517(b)). 14 13 U.S.C. § 21. 

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

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). 


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15Senate Committee on Homeland Security and Governmental Affairs, Testimony of Dr. Barbara E. Bryant, Lessons Learned: How the Administration Can Achieve an Accurate and CostEffective Census (March 5, 2009). 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). 

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. 

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

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 policymaking 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, 


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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). 

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

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. § 21. The section references below are to that U.S. Code provision. 

Section 21(a) strikes the current language in 13 U.S.C. § 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 


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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 deciVerDate Mar 15 2010 19:41 Nov 22, 2010 Jkt 099010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR351.XXX SR351

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sions 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. 


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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 


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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, 


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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 


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12 

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. 


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13 

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. 

Æ 


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