II 

Calendar No. 647 

111TH CONGRESS 

2D SESSION S. 3167 

[Report No. 111–351] 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 25, 2010 

Mr. CARPER (for himself and Mr. COBURN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

NOVEMBER 18, 2010 

Reported by Mr. LIEBERMAN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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. 

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


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 3167 RS

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 managementmanaging 


jbell on DSKDVH8Z91PROD with BILLS
3 

•S 3167 RS

1 large organizations and experience in the collec2 tion, analysis, 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, regulations, 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.— 


jbell on DSKDVH8Z91PROD with BILLS
4 

•S 3167 RS

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 30 

20 days60 days 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. 


jbell on DSKDVH8Z91PROD with BILLS
5 

•S 3167 RS

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.—The Director 

8 may establish advisory committees to provide advice 

9 with respect to any function of the Director. Mem10 bers of any such committee shall serve without com11 pensation, but shall be entitled to transportation ex12 penses and per diem in lieu of subsistence in accord13 ance with section 5703 of title 5. 

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

15 consultation with the Secretary, prescribe such rules 

16 and regulations as the Director considers necessary 

17 or appropriate to carry out the functions of the Di18 rector. 

19 ‘‘(8) DELEGATIONS, ETC.—The Director may 

20 assign duties, and delegate, or authorize successive 

21 redelegations of, authority to act and to render deci22 sions, to such officers and employees of the Bureau 

23 as the Director may find necessary. Within the limi24 tations of such assignments, delegations, or redele25 gations, all official acts and decisions of such officers 


jbell on DSKDVH8Z91PROD with BILLS
6 

•S 3167 RS

1 and employees shall have the same force and effect 

2 as though performed or rendered by the Director. 

3 An assignment, delegation, or redelegation under 

4 this paragraph may not take effect before the date 

5 on which notice of such assignment, delegation, or 

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

7 Federal Register. 

8 ‘‘(9) BUDGET REQUESTS.—At the time the Di9 rector submits a budget request to the Secretary for 

10 inclusion in the President’s budget request for a fis11 cal year submitted under section 1105 of title 31, 

12 and prior to the submission of the Department of 

13 Commerce budget to the Office of Management and 

14 Budget, the Director shall provide that budget infor15 mation to the Committee on Oversight and Govern16 ment Reform of the House of Representatives and 

17 the Committee on Governmental Affairs of the Sen18 ate, as well as the Committees on Appropriations of 

19 the House of Representatives and the Senate. All 

20 other budget requests from the Bureau to the Sec21 retary shall be made available to the Committees on 

22 Appropriations of the House of Representatives and 

23 the Senate. 

24 ‘‘(10) OTHER AUTHORITIES.— 


jbell on DSKDVH8Z91PROD with BILLS
7 

•S 3167 RS

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

2 and 24, but notwithstanding any other provi3 sion of law, the Director, in carrying out the 

4 functions of the Director or the Bureau, may 

5 use the services of officers and other personnel 

6 in other Federal agencies, including personnel 

7 of the Armed Forces, with the consent of the 

8 head of the agency concerned. 

9 ‘‘(B) VOLUNTARY SERVICES.—Notwith10 standing section 1342 of title 31, or any other 

11 provision of law, the Director may accept and 

12 use voluntary and uncompensated services. 

13 ‘‘(c) DEPUTY DIRECTOR.— 

14 ‘‘(1) IN GENERAL.—There shall be in the Bu15 reau a Deputy Director of the Census, who shall be 

16 appointed by and serve at the pleasure of the Direc17 tor. The position of Deputy Director shall be a ca18 reer reserved position within the meaning of section 

19 3132(a)(8) of title 5. 

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

21 perform such functions as the Director shall des22 ignate. 

23 ‘‘(3) TEMPORARY AUTHORITY TO PERFORM

24 FUNCTIONS OF DIRECTOR.—The provisions of sec25 tions 3345 through 3349d of title 5 shall apply with 


jbell on DSKDVH8Z91PROD with BILLS
8 

•S 3167 RS

1 respect to the office of Director. The first assistant 

2 to the office of Director is the Deputy Director for 

3 purposes of applying such provisions.’’. 

4 (b) TRANSITION RULES.— 

5 (1) APPOINTMENT OF INITIAL DIRECTOR.—The 

6 initial Director of the Bureau of the Census shall be 

7 appointed in accordance with the provisions of sec8 tion 21(b) of title 13, United States Code, as 

9 amended by subsection (a). 

10 (2) INTERIM ROLE OF CURRENT DIRECTOR OF

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

12 of January 1, 2012, the initial Director of the Bu13 reau of the Census has not taken office, the officer 

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

15 Census (or Acting Director of the Census, if applica16 ble) in the Department of Commerce— 

17 (A) shall serve as the Director of the Bu18 reau of the Census; 

19 (B) shall assume the powers and duties of 

20 such Director, until the initial Director has 

21 taken office; and 

22 (C) shall report directly to the Secretary of 

23 Commerce. 


jbell on DSKDVH8Z91PROD with BILLS
9 

•S 3167 RS

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

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

3 13, United States Code, is amended to read as follows: 

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

4 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 Not later than January 1, 2011, the Secretary of Com6 merce, in consultation with the Director of the Census, 

7 shall submit to each House of the Congress draft legisla8 tion containing any technical and conforming amendments 

9 to title 13, United States Code, and any other provisions 

10 which may be necessary to carry out the purposes of this 

11 Act. 

12 SEC. 3. INTERNET RESPONSE OPTION. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Director of the Census, shall provide 

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

16 test, develop, and implement an Internet response option 

17 for the 2020 Census and the American Community Sur18 vey. The plan shall include a description of how and when 

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

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

21 be protected. 


jbell on DSKDVH8Z91PROD with BILLS
10 

•S 3167 RS

1 SEC. 4. ANNUAL REPORTS. 

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

3 13, United States Code, is amended by adding at the end 

4 the following new section: 

5 ‘‘§ 17. Annual reports 

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

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

8 1105 of title 31, the Director of the Census shall submit 

9 to the appropriate congressional committees a comprehen10 sive status report on the next decennial census, beginning 

11 with the 2020 decennial census. Each report shall include 

12 the following information: 

13 ‘‘(1) A description of the Bureau’s performance 

14 goals for each significant decennial operation, in15 cluding the performance measures for each oper16 ation. 

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

18 each significant decennial operation, including the 

19 interrelationships between the operations and a de20 scription of relevant mitigation plans. 

21 ‘‘(3) Detailed milestone estimates for each sig22 nificant decennial operation, including estimated 

23 testing dates, and justification for any changes to 

24 milestone estimates. 

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

26 the decennial census, including sensitivity analysis 


jbell on DSKDVH8Z91PROD with BILLS
11 

•S 3167 RS

1 and an explanation of significant changes in the as2 sumptions on which such cost estimates are based. 

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

4 $50,000,000 entered into for each significant decen5 nial operation, including— 

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

7 from the previous fiscal year; 

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

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

10 growth in such contract costs. 

11 ‘‘(b) For purposes of this section, the term ‘signifi12 cant decennial operation’ includes any program or infor13 mation technology related to— 

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

15 list; 

16 ‘‘(2) data collection, processing, and dissemina17 tion; 

18 ‘‘(3) recruiting and hiring of temporary employ19 ees; 

20 ‘‘(4) marketing, communications, and partner21 ships; and 

22 ‘‘(5) coverage measurement.’’. 

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

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


jbell on DSKDVH8Z91PROD with BILLS
12 

•S 3167 RS

1 by inserting after the item relating to section 16 the fol2 lowing new item: 

‘‘17. Annual reports.’’. 

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

4 this section shall apply to budget requests for fiscal years 

5 beginning after September 30, 2010. 


jbell on DSKDVH8Z91PROD with BILLS

jbell on DSKDVH8Z91PROD with BILLS
Calendar No. 647 

111TH CONGRESS 

2D SESSION S. 3167 

[Report No. 111–351] 

A BILL 

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 DirecNOVEMBER 18, 2010 

Reported with amendments 


jbell on DSKDVH8Z91PROD with BILLS