I 

111TH CONGRESS 

1ST SESSION H. R. 1254 

To make the Census Bureau an independent establishment. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2009 

Mrs. MALONEY (for herself, Mr. DENT, Mr. GONZALEZ, Mr. 

RUPPERSBERGER, and Mr. GERLACH) introduced the following bill; which 

was referred to the Committee on Oversight and Government Reform 

A BILL 

To make the Census Bureau an independent establishment. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Restoring the Integrity of American Statistics Act of 

6 2009’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. United States Census Bureau. 

Sec. 5. Director. 

Sec. 6. Deputy Director. 


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Sec. 7. Transfers. 

Sec. 8. Transition rules. 

Sec. 9. Inspector General. 

Sec. 10. Technical and conforming amendments. 

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) It is the policy of the United States to pro4 vide statistics to the public and to the Government 

5 that are accurate, timely, relevant to public pur6 poses, and credible in that they are collected impar7 tially and are available to all. 

8 (2) Pursuant to section 2 of article I of the 

9 Constitution, it is the obligation of the United States 

10 to conduct a census of population every 10 years, 

11 such census being necessary to the basic workings of 

12 our representative democracy. 

13 (3) Knowledge of who we are as a people is 

14 basic to informed policymaking, public edification, 

15 and scientific research, and, therefore, there should 

16 be regularly conducted a census of the economy and 

17 the collection of other relevant information on the 

18 population and economy of the United States at ap19 propriate intervals between censuses. 

20 (4) In all of the data collections envisioned in 

21 title 13, United States Code, it is fundamentally im22 portant that data be collected in an impartial man23 ner, using modern statistical, computational, and 


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1 operational methods to the fullest extent possible, 

2 consonant with applicable law. 

3 (5) The credibility and impartiality of data 

4 from a Federal statistical agency depends critically 

5 on whether the agency operates from a strong posi6 tion of independence; therefore, the authority for 

7 conducting the decennial census of population and 

8 any economic or other censuses or surveys should be 

9 vested in an agency with a clear and well-defined po10 sition of independence. 

11 (6) In addition to a formal, strong position of 

12 independence, the operating principles of the agency 

13 (as described in paragraph (5)) should include— 

14 (A) openness about the sources and limita15 tions of the data provided; 

16 (B) dissemination of data as widely as pos17 sible, according to published schedules for re18 lease of key statistics; 

19 (C) continual search for the development 

20 of more useful data, in terms of cost-effective21 ness, accuracy, timeliness, and relevance to 

22 public purposes; 

23 (D) regular evaluation of major data col24 lection programs to identify ways to improve 


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1 their cost-effectiveness, accuracy, timeliness, 

2 and relevance; 

3 (E) commitment to quality and profes4 sional standards of practice as a statistical 

5 agency; 

6 (F) fair treatment of data providers, in7 cluding individuals and organizations, with re8 spect for privacy and the protection of confiden9 tial information; 

10 (G) maintenance of an active research pro11 gram, not only in methodology and operations, 

12 but also in using data for reporting of condi13 tions and trends; and 

14 (H) cooperation and coordination with 

15 other statistical agencies. 

16 SEC. 3. DEFINITIONS. 

17 For purposes of this Act— 

18 (1) the term ‘‘Census Bureau’’ means the 

19 United States Census Bureau; 

20 (2) the term ‘‘Director’’ means the Director of 

21 the United States Census Bureau; 

22 (3) the term ‘‘Deputy Director’’ means the 

23 Deputy Director of the United States Census Bu24 reau; and 


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1 (4) the term ‘‘function’’ includes any duty, obli2 gation, power, authority, responsibility, right, privi3 lege, activity, or program. 

4 SEC. 4. UNITED STATES CENSUS BUREAU. 

5 Effective January 1, 2012, there is established, as an 

6 independent establishment in the executive branch of the 

7 Government, the United States Census Bureau. 

8 SEC. 5. DIRECTOR. 

9 (a) IN GENERAL.—There shall be at the head of the 

10 Census Bureau a Director of the United States Census 

11 Bureau, who shall be appointed by the President, by and 

12 with the advice and consent of the Senate. The Director 

13 shall be appointed without regard to political affiliation 

14 and solely on the basis of the professional qualifications 

15 required to perform the functions of the office of Director. 

16 (b) TERM OF OFFICE.—The term of office of the Di17 rector shall be 5 years. An individual serving in the office 

18 of Director may be removed from office only pursuant to 

19 a finding by the President of neglect of duty or malfea20 sance in office. The President shall communicate the rea21 sons for any such removal to each House of the Congress. 

22 The term of the Director shall commence on January 1, 

23 2012, and every 5 years thereafter. 

24 (c) FUNCTIONS.—The Director shall be responsible 

25 for the exercise of all powers and the discharge of all duVerDate Nov 24 2008 04:03 Mar 04, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1254.IH H1254

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1 ties of the Census Bureau, and shall have authority and 

2 control over all personnel and activities thereof. 

3 (d) ORGANIZATION.—The Director may establish, 

4 alter, consolidate, or discontinue such organizational units 

5 or components within the Census Bureau as the Director 

6 considers necessary or appropriate, except that this sub7 section shall not apply with respect to any unit or compo8 nent provided for by law. 

9 (e) ADVISORY COMMITTEES.—The Director may es10 tablish advisory committees to provide advice with respect 

11 to any function of the Director. Members of any such com12 mittee shall serve without compensation, but shall be enti13 tled to transportation expenses and per diem in lieu of 

14 subsistence in accordance with section 5703 of title 5, 

15 United States Code. 

16 (f) REGULATIONS.—The Director may prescribe such 

17 rules and regulations as the Director considers necessary 

18 or appropriate to carry out the functions of the Director. 

19 (g) DELEGATIONS, ETC.—The Director may assign 

20 duties, and delegate, or authorize successive redelegations 

21 of, authority to act and to render decisions, to such offi22 cers and employees of the Census Bureau as the Director 

23 may find necessary. Within the limitations of such assign24 ments, delegations, or redelegations, all official acts and 

25 decisions of such officers and employees shall have the 


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1 same force and effect as though performed or rendered 

2 by the Director. An assignment, delegation, or redelega3 tion under this subsection may not take effect before the 

4 date on which notice of such assignment, delegation, or 

5 redelegation (as the case may be) is published in the Fed6 eral Register. 

7 (h) OTHER AUTHORITIES.— 

8 (1) PERSONNEL.—Notwithstanding any other 

9 provision of law, the Director, in carrying out the 

10 functions of the Director or the Census Bureau, may 

11 use the services of officers and other personnel in 

12 other Federal agencies, including personnel of the 

13 armed forces, with the consent of the head of the 

14 agency concerned. 

15 (2) VOLUNTARY SERVICES.—Notwithstanding 

16 section 1342 of title 31, United States Code, or any 

17 other provision of law, the Director may accept and 

18 use voluntary and uncompensated services. 

19 (i) COMPENSATION.—Level II of the Executive 

20 Schedule under section 5313 of title 5, United States 

21 Code, applies with respect to the office of Director. 

22 SEC. 6. DEPUTY DIRECTOR. 

23 (a) DEPUTY DIRECTOR.— 

24 (1) IN GENERAL.—There shall be in the Census 

25 Bureau a Deputy Director of the United States CenVerDate Nov 24 2008 04:03 Mar 04, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1254.IH H1254

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1 sus Bureau, who shall be appointed by and serve at 

2 the pleasure of the Director. The position of Deputy 

3 Director shall be a career reserved position within 

4 the meaning of section 3132(a)(8) of title 5, United 

5 States Code. 

6 (2) FUNCTIONS.—The Deputy Director shall 

7 perform such functions as the Director shall des8 ignate. 

9 (b) TEMPORARY AUTHORITY TO PERFORM FUNC10 TIONS OF DIRECTOR.—The provisions of sections 3345 

11 through 3349d of title 5, United States Code, shall apply 

12 with respect to the office of Director. The first assistant 

13 to the office of Director is the Deputy Director for pur14 poses of applying such provisions. 

15 SEC. 7. TRANSFERS. 

16 (a) FUNCTIONS.—There shall be transferred to and 

17 vested in the Director all functions that, as of December 

18 31, 2011, were— 

19 (1) vested in the Secretary of Commerce by title 

20 13, United States Code, Executive order, or any 

21 other provision of law; and 

22 (2) delegated to the Director of the Census 

23 within the Department of Commerce. 

24 (b) PERSONNEL, ASSETS, ETC.— 


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1 (1) IN GENERAL.—There shall be transferred 

2 from the Department of Commerce to the Census 

3 Bureau, for appropriate allocation by the Director— 

4 (A) the personnel employed in connection 

5 with the functions transferred by subsection 

6 (a); and 

7 (B) the assets, liabilities, contracts, prop8 erty, records, and unexpended balance of appro9 priations, authorizations, allocations, and other 

10 funds employed, held, or used in connection 

11 with such functions, arising from such func12 tions, or available, or to be made available, in 

13 connection with such functions. 

14 (2) UNEXPENDED FUNDS.—Unexpended funds 

15 transferred pursuant to this subsection shall be used 

16 only for the purposes for which the funds were origi17 nally appropriated. 

18 (3) EMPLOYMENT PROTECTION.—During the 1- 

19 year period beginning on January 1, 2012, the 

20 transfer pursuant to this section of any full-time 

21 personnel (except special Government employees) 

22 and part-time personnel holding permanent positions 

23 shall not cause any such personnel to be separated 

24 or reduced in grade or compensation solely as a re25 sult of such transfer. 


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1 (c) EFFECTIVE DATE.—This section shall take effect 

2 on January 1, 2012. 

3 SEC. 8. TRANSITION RULES. 

4 (a) RELATING TO OFFICERS.— 

5 (1) APPOINTMENT OF INITIAL DIRECTOR.—The 

6 initial Director of the United States Census Bureau 

7 shall be appointed in accordance with the provisions 

8 of section 5(a). 

9 (2) INTERIM ROLE OF CURRENT DIRECTOR OF

10 THE CENSUS AFTER EFFECTIVE DATE OF NEW CEN11 SUS BUREAU.—If, as of January 1, 2012, the initial 

12 Director of the United States Census Bureau has 

13 not taken office, the officer serving on December 31, 

14 2011, as Director of the Census (or Acting Director 

15 of the Census, if applicable) in the Department of 

16 Commerce shall serve as the Director of the United 

17 States Census Bureau, and shall assume the powers 

18 and duties of such Director, until the initial Director 

19 has taken office. 

20 (b) CONTINUATION OF ORDERS, DETERMINATIONS, 

21 RULES, REGULATIONS, ETC.—All orders, determinations, 

22 rules, regulations, permits, contracts, collective bargaining 

23 agreements (and ongoing negotiations relating to such col24 lective bargaining agreements), recognitions of labor orga25 nizations, certificates, licenses, and privileges— 


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1 (1) which have been issued, made, promulgated, 

2 granted, or allowed to become effective, in the exer3 cise of functions (A) which were exercised by the 

4 Secretary of Commerce (or delegate thereof), and 

5 (B) which relate to functions which, by reason of 

6 this Act are vested in the Director of the United 

7 States Census Bureau, and 

8 (2) which are in effect as of December 31, 

9 2011, 

10 shall continue in effect according to their terms until 

11 modified, terminated, suspended, set aside, or repealed by 

12 the Director of the United States Census Bureau, except 

13 that any collective bargaining agreement shall remain in 

14 effect until the date of termination in accordance with 

15 such agreement. 

16 (c) CONTINUATION OF PROCEEDINGS.—The provi17 sions of this Act shall not affect any proceeding pending 

18 before the Secretary of Commerce (or delegate thereof) as 

19 of December 31, 2011, with respect to functions which 

20 (by reason of this Act) are vested in the Director of the 

21 United States Census Bureau, except that such pro22 ceedings, to the extent that such proceedings relate to 

23 such functions, shall continue before such Director. Orders 

24 shall be issued under any such proceeding, appeals taken 

25 therefrom, and payments shall be made pursuant to such 


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1 orders, in like manner as if this Act had not been enacted, 

2 and orders issued in any such proceeding shall continue 

3 in effect until modified, terminated, superseded, or re4 pealed by such Director, by a court of competent jurisdic5 tion, or by operation of law. 

6 (d) CONTINUATION OF SUITS.—Except as provided 

7 in this subsection— 

8 (1) the provisions of this Act shall not affect 

9 suits commenced before January 1, 2012; and 

10 (2) in all such suits, proceedings shall be had, 

11 appeals taken, and judgments rendered, in the same 

12 manner and effect as if this Act had not been en13 acted. 

14 No cause of action, and no suit, action, or other pro15 ceeding commenced by or against any officer in such offi16 cer’s official capacity as an officer of the Department of 

17 Commerce, shall abate by reason of the enactment of this 

18 Act. In any suit, action, or other proceeding pending as 

19 of December 31, 2011, the court or hearing officer may 

20 at any time, on the motion of the court or hearing officer 

21 or that of a party, enter an order which will give effect 

22 to the provisions of this subsection (including, where ap23 propriate, an order for substitution of parties). 

24 (e) CONTINUATION OF PENALTIES.—This Act shall 

25 not have the effect of releasing or extinguishing any civil 


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1 or criminal prosecution, penalty, forfeiture, or liability in2 curred as a result of any function which (by reason of this 

3 Act) is vested in the Director of the United States Census 

4 Bureau. 

5 (f) JUDICIAL REVIEW.—Orders and actions of the 

6 Director of the United States Census Bureau in the exer7 cise of functions vested in such Director by reason of this 

8 Act shall be subject to judicial review to the same extent 

9 and in the same manner as if such orders had been made 

10 and such actions had been taken by the Secretary of Com11 merce in the exercise of such functions immediately before 

12 the transfer described in section 7(a). Any statutory re13 quirements relating to notice, hearings, action upon the 

14 record, or administrative review that apply to any function 

15 so vested in such Director shall continue to apply to the 

16 exercise of such function by such Director. 

17 (g) EXERCISE OF FUNCTIONS.—In the exercise of the 

18 functions vested in the Director of the United States Cen19 sus Bureau under this Act, such Director shall have the 

20 same authority as that vested in the Secretary of Com21 merce with respect to the exercise of such functions imme22 diately preceding the vesting of such functions in such Di23 rector, and actions of such Director shall have the same 

24 force and effect as if exercised by such Secretary. 


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1 SEC. 9. INSPECTOR GENERAL. 

2 (a) IN GENERAL.—Section 12 of the Inspector Gen3 eral Act of 1978 (5 U.S.C. App.) is amended— 

4 (1) in paragraph (1), by striking ‘‘or the Fed5 eral Cochairpersons of the Commissions established 

6 under section 15301 of title 40, United States 

7 Code;’’ and inserting ‘‘the Federal Cochairpersons of 

8 the Commissions established under section 15301 of 

9 title 40, United States Code; or the Director of the 

10 United States Census Bureau;’’; and 

11 (2) in paragraph (2), by striking ‘‘or the Com12 missions established under section 15301 of title 40, 

13 United States Code,’’ and inserting ‘‘the Commis14 sions established under section 15301 of title 40, 

15 United States Code, or the United States Census 

16 Bureau,’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 subsection (a) shall take effect on January 1, 2012. 

19 SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS. 

20 Not later than January 1, 2011, the Director of the 

21 Census shall submit to each House of the Congress draft 

22 legislation containing any technical and conforming 

23 amendments to title 13, United States Code, and any 

24 other provisions which may be necessary to carry out the 

25 purposes of this Act. 

Æ 


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