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. 

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

2 This Act may be cited as the ‘‘Census Oversight Effi3 ciency and Management Reform Act of 2010’’. 

4 SEC. 2. AUTHORITY AND DUTIES OF DIRECTOR AND DEP5 UTY DIRECTOR OF THE CENSUS. 

6 (a) IN GENERAL.—Section 21 of the title 13, United 

7 States Code, is amended to read as follows: 

8 ‘‘§ 21. Director of the Census; Deputy Director of the 

9 Census; authority and duties 

10 ‘‘(a) DEFINITIONS.—As used in this section— 

11 ‘‘(1) ‘Director’ means the Director of the Cen12 sus; 

13 ‘‘(2) ‘Deputy Director’ means the Deputy Di14 rector of the Census; and 

15 ‘‘(3) ‘function’ includes any duty, obligation, 

16 power, authority, responsibility, right, privilege, ac17 tivity, or program. 

18 ‘‘(b) DIRECTOR OF THE CENSUS.— 

19 ‘‘(1) APPOINTMENT.— 

20 ‘‘(A) IN GENERAL.—The Bureau shall be 

21 headed by a Director of the Census, appointed 

22 by the President, by and with the advice and 

23 consent of the Senate. 

24 ‘‘(B) QUALIFICATIONS.—Such appoint25 ment shall be made from individuals who have 

26 a demonstrated ability in managing large orga-
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1 nizations and experience in the collection, anal2 ysis, and use of statistical data. 

3 ‘‘(2) GENERAL AUTHORITY AND DUTIES.— 

4 ‘‘(A) IN GENERAL.—The Director shall re5 port directly to the Secretary without being re6 quired to report through any other official of 

7 the Department of Commerce. 

8 ‘‘(B) DUTIES.—The Director shall perform 

9 such duties as may be imposed upon the Direc10 tor by law, regulation, or orders of the Sec11 retary. 

12 ‘‘(C) INDEPENDENCE OF DIRECTOR.—No 

13 officer or agency of the United States shall 

14 have any authority to require the Director to 

15 submit legislative recommendations, or testi16 mony, or comments for review prior to the sub17 mission of such recommendations, testimony, or 

18 comments to Congress if such recommenda19 tions, testimony, or comments to Congress in20 clude a statement indicating that the views ex21 pressed therein are those of the Bureau and do 

22 not necessarily represent the views of the Presi23 dent. 

24 ‘‘(3) TERM OF OFFICE.— 
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1 ‘‘(A) IN GENERAL.—The term of office of 

2 the Director shall be 5 years, and shall begin on 

3 January 1, 2012, and every fifth year there4 after. An individual may not serve more than 2 

5 full terms as Director. 

6 ‘‘(B) VACANCIES.—Any individual ap7 pointed to fill a vacancy in such position, occur8 ring before the expiration of the term for which 

9 such individual’s predecessor was appointed, 

10 shall be appointed for the remainder of that 

11 term. The Director may serve after the end of 

12 the Director’s term until reappointed or until a 

13 successor has been appointed, but in no event 

14 longer than 1 year after the end of such term. 

15 ‘‘(C) REMOVAL.—An individual serving as 

16 Director may be removed from office by the 

17 President. The President shall communicate in 

18 writing the reasons for any such removal to 

19 both Houses of Congress not later than 60 days 

20 before the removal. 

21 ‘‘(4) FUNCTIONS.—The Director shall be re22 sponsible for the exercise of all powers and the dis23 charge of all duties of the Bureau, and shall have 

24 authority and control over all personnel and activi25 ties thereof. 
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1 ‘‘(5) ORGANIZATION.—The Director may estab2 lish, alter, consolidate, or discontinue such organiza3 tional units or components within the Bureau as the 

4 Director considers necessary or appropriate, except 

5 that this paragraph shall not apply with respect to 

6 any unit or component provided for by law. 

7 ‘‘(6) ADVISORY COMMITTEES.— 

8 ‘‘(A) ADVISORY COMMITTEES GEN9 ERALLY.— 

10 ‘‘(i) AUTHORITY TO ESTABLISH.—The 

11 Director may establish such advisory com12 mittees as the Director considers appro13 priate to provide advice with respect to any 

14 function of the Director. 

15 ‘‘(ii) COMPENSATION AND EX16 PENSES.—Members of any advisory com17 mittee established under clause (i) shall 

18 serve without compensation, but shall be 

19 entitled to transportation expenses and per 

20 diem in lieu of subsistence in accordance 

21 with section 5703 of title 5. 

22 ‘‘(B) TECHNOLOGY ADVISORY COM23 MITTEE.— 

24 ‘‘(i) IN GENERAL.—Not later than 

25 180 days after the date of the enactment 
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1 of the Census Oversight Efficiency and 

2 Management Reform Act of 2010, the Di3 rector shall establish a technology advisory 

4 committee under subparagraph (A). 

5 ‘‘(ii) MEMBERSHIP.—Members of the 

6 technology advisory committee shall be se7 lected from the public, private, and aca8 demic sectors from among those who have 

9 experience in technologies and services rel10 evant to the planning and execution of the 

11 census. 

12 ‘‘(iii) DUTIES.—The technology advi13 sory committee shall make recommenda14 tions to the Director and publish reports 

15 on the use of commercially available tech16 nologies and services to improve effi17 ciencies and manage costs in the imple18 mentation of the census and census-related 

19 activities, including pilot projects. 

20 ‘‘(7) REGULATIONS.—The Director may, in 

21 consultation with the Secretary, prescribe such rules 

22 and regulations as the Director considers necessary 

23 or appropriate to carry out the functions of the Di24 rector. 
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1 ‘‘(8) DELEGATIONS, ETC.—The Director may 

2 assign duties, and delegate, or authorize successive 

3 redelegations of, authority to act and to render deci4 sions, to such officers and employees of the Bureau 

5 as the Director may find necessary. Within the limi6 tations of such assignments, delegations, or redele7 gations, all official acts and decisions of such officers 

8 and employees shall have the same force and effect 

9 as though performed or rendered by the Director. 

10 An assignment, delegation, or redelegation under 

11 this paragraph may not take effect before the date 

12 on which notice of such assignment, delegation, or 

13 redelegation (as the case may be) is published in the 

14 Federal Register. 

15 ‘‘(9) OTHER AUTHORITIES.— 

16 ‘‘(A) PERSONNEL.—Subject to sections 23 

17 and 24, but notwithstanding any other provi18 sion of law, the Director, in carrying out the 

19 functions of the Director or the Bureau, may 

20 use the services of officers and other personnel 

21 in other Federal agencies, including personnel 

22 of the Armed Forces, with the consent of the 

23 head of the agency concerned. 

24 ‘‘(B) VOLUNTARY SERVICES.—Notwith25 standing section 1342 of title 31, or any other 
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1 provision of law, the Director may accept and 

2 use voluntary and uncompensated services. 

3 ‘‘(c) DEPUTY DIRECTOR.— 

4 ‘‘(1) IN GENERAL.—There shall be in the Bu5 reau a Deputy Director of the Census, who shall be 

6 appointed by and serve at the pleasure of the Direc7 tor. The position of Deputy Director shall be a ca8 reer reserved position within the meaning of section 

9 3132(a)(8) of title 5. 

10 ‘‘(2) FUNCTIONS.—The Deputy Director shall 

11 perform such functions as the Director shall des12 ignate. 

13 ‘‘(3) TEMPORARY AUTHORITY TO PERFORM

14 FUNCTIONS OF DIRECTOR.—The provisions of sec15 tions 3345 through 3349d of title 5 shall apply with 

16 respect to the office of Director. The first assistant 

17 to the office of Director is the Deputy Director for 

18 purposes of applying such provisions.’’. 

19 (b) TRANSITION RULES.— 

20 (1) APPOINTMENT OF INITIAL DIRECTOR.—The 

21 initial Director of the Bureau of the Census shall be 

22 appointed in accordance with the provisions of sec23 tion 21(b) of title 13, United States Code, as 

24 amended by subsection (a). 
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1 (2) INTERIM ROLE OF CURRENT DIRECTOR OF

2 THE CENSUS AFTER DATE OF ENACTMENT.—If, as 

3 of January 1, 2012, the initial Director of the Bu4 reau of the Census has not taken office, the officer 

5 serving on December 31, 2011, as Director of the 

6 Census (or Acting Director of the Census, if applica7 ble) in the Department of Commerce— 

8 (A) shall serve as the Director of the Bu9 reau of the Census; 

10 (B) shall assume the powers and duties of 

11 such Director, until the initial Director has 

12 taken office; and 

13 (C) shall report directly to the Secretary of 

14 Commerce. 

15 (c) CLERICAL AMENDMENT.—The item relating to 

16 section 21 in the table of sections for chapter 1 of title 

17 13, United States Code, is amended to read as follows: 

‘‘21. Director of the Census; Deputy Director of the Census; authority and duties.’’. 

18 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 Not later than January 1, 2011, the Secretary of Com20 merce, in consultation with the Director of the Census, 

21 shall submit to each House of the Congress draft legisla22 tion containing any technical and conforming amendments 

23 to title 13, United States Code, and any other provisions 
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1 which may be necessary to carry out the purposes of this 

2 Act. 

3 SEC. 3. INTERNET RESPONSE OPTION. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Director of the Census, shall provide 

6 a plan to Congress on how the Bureau of the Census will 

7 test, develop, and implement an Internet response option 

8 for the 2020 Census and the American Community Sur9 vey. The plan shall include a description of how and when 

10 feasibility will be tested, the stakeholders to be consulted, 

11 when and what data will be collected, and how data will 

12 be protected. 

13 SEC. 4. ANNUAL REPORTS. 

14 (a) IN GENERAL.—Subchapter I of chapter 1 of title 

15 13, United States Code, is amended by adding at the end 

16 the following new section: 

17 ‘‘§ 17. Annual reports 

18 ‘‘(a) Not later than the date of the submission of the 

19 President’s budget request for a fiscal year under section 

20 1105 of title 31, the Director of the Census shall submit 

21 to the appropriate congressional committees a comprehen22 sive status report on the next decennial census, beginning 

23 with the 2020 decennial census. Each report shall include 

24 the following information: 
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1 ‘‘(1) A description of the Bureau’s performance 

2 goals for each significant decennial operation, in3 cluding the performance measures for each oper4 ation. 

5 ‘‘(2) An assessment of the risks associated with 

6 each significant decennial operation, including the 

7 interrelationships between the operations and a de8 scription of relevant mitigation plans. 

9 ‘‘(3) Detailed milestone estimates for each sig10 nificant decennial operation, including estimated 

11 testing dates, and justification for any changes to 

12 milestone estimates. 

13 ‘‘(4) Updated cost estimates for the life cycle of 

14 the decennial census, including sensitivity analysis 

15 and an explanation of significant changes in the as16 sumptions on which such cost estimates are based. 

17 ‘‘(5) A detailed description of all contracts over 

18 $50,000,000 entered into for each significant decen19 nial operation, including— 

20 ‘‘(A) any changes made to the contracts 

21 from the previous fiscal year; 

22 ‘‘(B) justification for the changes; and 

23 ‘‘(C) actions planned or taken to control 

24 growth in such contract costs. 
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1 ‘‘(b) For purposes of this section, the term ‘signifi2 cant decennial operation’ includes any program or infor3 mation technology related to— 

4 ‘‘(1) the development of an accurate address 

5 list; 

6 ‘‘(2) data collection, processing, and dissemina7 tion; 

8 ‘‘(3) recruiting and hiring of temporary employ9 ees; 

10 ‘‘(4) marketing, communications, and partner11 ships; and 

12 ‘‘(5) coverage measurement.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for chapter 1 of title 13, United States Code, is amended 

15 by inserting after the item relating to section 16 the fol16 lowing new item: 

‘‘17. Annual reports.’’. 

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

18 this section shall apply to budget requests for fiscal years 

19 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 

tor of the Census, and for other purposes. ity and duties of the Director and Deputy Director of the Census and to provide for the authorprovide for a 5-year term of office for the Direc-