I 

111TH CONGRESS 

1ST SESSION H. R. 3582 

To make organizations which have been indicted for violations of Federal 

or State law relating to elections for public office ineligible to participate 

in the Planning Partnership Program for the 2010 census of population, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 16, 2009 

Mrs. BACHMANN (for herself, Mr. MARCHANT, Ms. FOXX, Mr. HERGER, Ms. 

FALLIN, Mr. BARTLETT, Mrs. LUMMIS, Mr. GINGREY of Georgia, Mr. 

AUSTRIA, Mr. KINGSTON, Mr. MANZULLO, Mr. NEUGEBAUER, Mr. SHADEGG, Mr. GOHMERT, Mr. CULBERSON, Mr. PITTS, Mr. HENSARLING, Mr. 

SCALISE, and Mr. ALEXANDER) introduced the following bill; which was 

referred to the Committee on Oversight and Government Reform, and in 

addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To make organizations which have been indicted for violations of Federal or State law relating to elections for 

public office ineligible to participate in the Planning 

Partnership Program for the 2010 census of population, 

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 Improvement 

3 Act’’. 

4 SEC. 2. LIMITATION ON ELIGIBILITY TO PARTICIPATE IN 

5 PLANNING PARTNERSHIP PROGRAM FOR 

6 THE 2010 CENSUS. 

7 (a) IN GENERAL.—Participation in the Planning 

8 Partnership Program for the 2010 census of population 

9 shall not be allowed in the case of— 

10 (1) an organization which has been indicted for 

11 a violation under Federal or State law relating to an 

12 election for Federal or State office; or 

13 (2) an organization which employs applicable 

14 individuals. 

15 (b) APPLICABLE INDIVIDUAL DEFINED.—For pur16 poses of this section, the term ‘‘applicable individual’’ 

17 means an individual who— 

18 (1) is— 

19 (A) employed by the organization in a per20 manent or temporary capacity; 

21 (B) contracted or retained by the organiza22 tion; or 

23 (C) acting on behalf of, or with the express 

24 or apparent authority of, the organization; and 


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1 (2) has been indicted for a violation under Fed2 eral or State law relating to an election for Federal 

3 or State office. 

4 (c) STATE DEFINED.—For purposes of this section, 

5 the term ‘‘State’’ includes the District of Columbia. 

6 SEC. 3. TWO-THIRDS VOTE REQUIRED TO REPEAL OR OTH7 ERWISE LIMIT PROVISIONS RELATING TO 

8 CONFIDENTIALITY OF CERTAIN INFORMA9 TION. 

10 (a) RULEMAKING POWER.—The succeeding provi11 sions of this section are enacted by Congress— 

12 (1) as an exercise of the rulemaking power of 

13 the Senate and the House of Representatives, re14 spectively, and as such shall be deemed a part of the 

15 rules of each House, respectively, and shall super16 sede other rules only to the extent that they are in17 consistent with such other rules; and 

18 (2) with the full recognition of the constitu19 tional right of either House to change the rules (so 

20 far as relating to the procedures of that House) at 

21 any time, in the same manner, and to the same ex22 tent as any other rule of that House. 

23 (b) VOTING REQUIREMENT.—No bill or joint resolu24 tion, amendment, or conference report containing a provi25 sion which would have the effect of repealing, suspending, 


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1 or otherwise limiting the application of section 9 of title 

2 13, United States Code (relating to information as con3 fidential; exception) shall be considered as passed or 

4 agreed to, by either House of Congress, unless so passed 

5 or agreed to by a vote of not less than two-thirds of the 

6 Members of such House voting. 

7 SEC. 4. REVIEW AND REPORT TO CONGRESS. 

8 (a) IN GENERAL.—Not later than 6 months after the 

9 deadline for the submission described in subsection (c), the 

10 Government Accountability Office shall review and report 

11 to Congress on the questions proposed to be included in 

12 the 2010 census of population and the American Commu13 nity Survey (next scheduled to be carried out after the 

14 end of the 6-month period beginning after the date of the 

15 enactment of this Act). 

16 (b) REQUIREMENTS.—In carrying out this section, 

17 the Government Accountability Office shall specifically ad18 dress— 

19 (1) the reasons for each question proposed to be 

20 included in the survey or census and the purposes 

21 for which the information obtained from respondents 

22 is likely to be used; 

23 (2) alternative means by which the same infor24 mation could be obtained other than by inclusion in 

25 such census or survey, as the case may be; and 


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1 (3) the relative advantages and disadvantages 

2 of obtaining the information through a census or 

3 survey (as the case may be) as compared to the al4 ternative means referred to in paragraph (2). 

5 (c) SUBMISSION OF QUESTIONS.—Not later than 30 

6 days after the date of the enactment of this Act, the Sec7 retary of Commerce shall submit to the Government Ac8 countability Office— 

9 (1) a copy of each question proposed to be in10 cluded in the upcoming American Community Sur11 vey (as described in subsection (a)) and the 2010 

12 census of population; and 

13 (2) with respect to each question under para14 graph (1), the views of the Secretary of Commerce 

15 (or designee) with respect to paragraphs (1) through 

16 (3) of subsection (b). 

17 SEC. 5. PRACTICE OF SEEKING ANSWERS TO SURVEY OR 

18 CENSUS QUESTIONS FROM NON-HOUSEHOLD 

19 MEMBERS NO LONGER ALLOWED. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law, no officer, employee, or other person referred 

22 to in subchapter II of chapter 1 of title 13, United States 

23 Code, may, in the conduct of the American Community 

24 Survey or the 2010 census of population, seek answers to 

25 any questions relating to any household or any member 


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1 of such household from any person who is not a member 

2 of such household. 

3 (b) IMPLEMENTATION.—The Secretary of Commerce 

4 shall take such measures as may be necessary to provide 

5 for the implementation of subsection (a). 

6 SEC. 6. DEFINITIONS. 

7 For purposes of this Act— 

8 (1) the term ‘‘census of population’’ has the 

9 meaning given such term by section 141(g) of title 

10 13, United States Code; and 

11 (2) the term ‘‘Member’’ means a Member of 

12 Congress, as defined by section 2106 of title 5, 

13 United States Code. 

Æ 


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