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. SHAD-
EGG, 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 de-
termined 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 viola-
tions 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Census Improvement 
Act’’. 
SEC. 2. LIMITATION ON ELIGIBILITY TO PARTICIPATE IN 
PLANNING 
PARTNERSHIP 
PROGRAM 
FOR 
THE 2010 CENSUS. 
(a) IN GENERAL.—Participation in the Planning 
Partnership Program for the 2010 census of population 
shall not be allowed in the case of— 
(1) an organization which has been indicted for 
a violation under Federal or State law relating to an 
election for Federal or State office; or 
(2) an organization which employs applicable 
individuals. 
(b) APPLICABLE INDIVIDUAL DEFINED.—For pur-
poses of this section, the term ‘‘applicable individual’’ 
means an individual who— 
(1) is— 
(A) employed by the organization in a per-
manent or temporary capacity; 
(B) contracted or retained by the organiza-
tion; or 
(C) acting on behalf of, or with the express 
or apparent authority of, the organization; and 
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(2) has been indicted for a violation under Fed-
eral or State law relating to an election for Federal 
or State office. 
(c) STATE DEFINED.—For purposes of this section, 
the term ‘‘State’’ includes the District of Columbia. 
SEC. 3. TWO-THIRDS VOTE REQUIRED TO REPEAL OR OTH-
ERWISE LIMIT PROVISIONS RELATING TO 
CONFIDENTIALITY OF CERTAIN INFORMA-
TION. 
(a) RULEMAKING POWER.—The succeeding provi-
sions of this section are enacted by Congress— 
(1) as an exercise of the rulemaking power of 
the Senate and the House of Representatives, re-
spectively, and as such shall be deemed a part of the 
rules of each House, respectively, and shall super-
sede other rules only to the extent that they are in-
consistent with such other rules; and 
(2) with the full recognition of the constitu-
tional right of either House to change the rules (so 
far as relating to the procedures of that House) at 
any time, in the same manner, and to the same ex-
tent as any other rule of that House. 
(b) VOTING REQUIREMENT.—No bill or joint resolu-
tion, amendment, or conference report containing a provi-
sion which would have the effect of repealing, suspending, 
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or otherwise limiting the application of section 9 of title 
13, United States Code (relating to information as con-
fidential; exception) shall be considered as passed or 
agreed to, by either House of Congress, unless so passed 
or agreed to by a vote of not less than two-thirds of the 
Members of such House voting. 
SEC. 4. REVIEW AND REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than 6 months after the 
deadline for the submission described in subsection (c), the 
Government Accountability Office shall review and report 
to Congress on the questions proposed to be included in 
the 2010 census of population and the American Commu-
nity Survey (next scheduled to be carried out after the 
end of the 6-month period beginning after the date of the 
enactment of this Act). 
(b) REQUIREMENTS.—In carrying out this section, 
the Government Accountability Office shall specifically ad-
dress— 
(1) the reasons for each question proposed to be 
included in the survey or census and the purposes 
for which the information obtained from respondents 
is likely to be used; 
(2) alternative means by which the same infor-
mation could be obtained other than by inclusion in 
such census or survey, as the case may be; and 
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(3) the relative advantages and disadvantages 
of obtaining the information through a census or 
survey (as the case may be) as compared to the al-
ternative means referred to in paragraph (2). 
(c) SUBMISSION OF QUESTIONS.—Not later than 30 
days after the date of the enactment of this Act, the Sec-
retary of Commerce shall submit to the Government Ac-
countability Office— 
(1) a copy of each question proposed to be in-
cluded in the upcoming American Community Sur-
vey (as described in subsection (a)) and the 2010 
census of population; and 
(2) with respect to each question under para-
graph (1), the views of the Secretary of Commerce 
(or designee) with respect to paragraphs (1) through 
(3) of subsection (b). 
SEC. 5. PRACTICE OF SEEKING ANSWERS TO SURVEY OR 
CENSUS QUESTIONS FROM NON-HOUSEHOLD 
MEMBERS NO LONGER ALLOWED. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no officer, employee, or other person referred 
to in subchapter II of chapter 1 of title 13, United States 
Code, may, in the conduct of the American Community 
Survey or the 2010 census of population, seek answers to 
any questions relating to any household or any member 
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of such household from any person who is not a member 
of such household. 
(b) IMPLEMENTATION.—The Secretary of Commerce 
shall take such measures as may be necessary to provide 
for the implementation of subsection (a). 
SEC. 6. DEFINITIONS. 
For purposes of this Act— 
(1) the term ‘‘census of population’’ has the 
meaning given such term by section 141(g) of title 
13, United States Code; and 
(2) the term ‘‘Member’’ means a Member of 
Congress, as defined by section 2106 of title 5, 
United States Code. 
Æ 
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