I 
110TH CONGRESS 
2D SESSION 
H. R. 7069 
To make the Census Bureau an independent establishment. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2008 
Mrs. MALONEY of New York (for herself, Mr. GONZALEZ, Mr. CLAY, Mr. 
HONDA, and Mr. WAXMAN) introduced the following bill; which was re-
ferred to the Committee on Oversight and Government Reform 
A BILL 
To make the Census Bureau an independent establishment. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Restoring the Integrity of American Statistics Act of 
2008’’. 
(b) TABLE OF CONTENTS.—The table of contents 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. 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS
Sec. 7. Transfers. 
Sec. 8. Transition rules. 
Sec. 9. Inspector General. 
Sec. 10. Technical and conforming amendments. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) It is the policy of the United States to pro-
vide statistics to the public and to the Government 
that are accurate, timely, relevant to public pur-
poses, and credible in that they are collected impar-
tially and are available to all. 
(2) Pursuant to section 2 of article I of the 
Constitution, it is the obligation of the United States 
to conduct a census of population every 10 years, 
such census being necessary to the basic workings of 
our representative democracy. 
(3) Knowledge of who we are as a people is 
basic to informed policymaking, public edification, 
and scientific research, and, therefore, there should 
be regularly conducted a census of the economy and 
the collection of other relevant information on the 
population and economy of the United States at ap-
propriate intervals between censuses. 
(4) In all of the data collections envisioned in 
title 13, United States Code, it is fundamentally im-
portant that data be collected in an impartial man-
ner, using modern statistical, computational, and 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS
operational methods to the fullest extent possible, 
consonant with applicable law. 
(5) The credibility and impartiality of data 
from a Federal statistical agency depends critically 
on whether the agency operates from a strong posi-
tion of independence; therefore, the authority for 
conducting the decennial census of population and 
any economic or other censuses or surveys should be 
vested in an agency with a clear and well-defined po-
sition of independence. 
(6) In addition to a formal, strong position of 
independence, the operating principles of the agency 
(as described in paragraph (5)) should include— 
(A) openness about the sources and limita-
tions of the data provided; 
(B) dissemination of data as widely as pos-
sible, according to published schedules for re-
lease of key statistics; 
(C) continual search for the development 
of more useful data, in terms of cost-effective-
ness, accuracy, timeliness, and relevance to 
public purposes; 
(D) regular evaluation of major data col-
lection programs to identify ways to improve 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS
their cost-effectiveness, accuracy, timeliness, 
and relevance; 
(E) commitment to quality and profes-
sional standards of practice as a statistical 
agency; 
(F) fair treatment of data providers, in-
cluding individuals and organizations, with re-
spect for privacy and the protection of confiden-
tial information; 
(G) maintenance of an active research pro-
gram, not only in methodology and operations, 
but also in using data for reporting of condi-
tions and trends; and 
(H) cooperation and coordination with 
other statistical agencies. 
SEC. 3. DEFINITIONS. 
For purposes of this Act— 
(1) the term ‘‘Census Bureau’’ means the 
United States Census Bureau; 
(2) the term ‘‘Director’’ means the Director of 
the United States Census Bureau; 
(3) the term ‘‘Deputy Director’’ means the 
Deputy Director of the United States Census Bu-
reau; and 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS
(4) the term ‘‘function’’ includes any duty, obli-
gation, power, authority, responsibility, right, privi-
lege, activity, or program. 
SEC. 4. UNITED STATES CENSUS BUREAU. 
Effective January 1, 2012, there is established, as an 
independent establishment in the executive branch of the 
Government, the United States Census Bureau. 
SEC. 5. DIRECTOR. 
(a) IN GENERAL.—There shall be at the head of the 
Census Bureau a Director of the United States Census 
Bureau, who shall be appointed by the President, by and 
with the advice and consent of the Senate. The Director 
shall be appointed without regard to political affiliation 
and solely on the basis of the professional qualifications 
required to perform the duties and responsibilities of the 
office of Director. 
(b) TERM OF OFFICE.—The term of office of any in-
dividual appointed as Director shall be 5 years. In any 
case in which a successor does not take office at the end 
of a Director’s term, such Director may continue in office 
until the entry upon office of such a successor, except that 
such Director may not continue to serve for more than 
1 year after the date on which the term of the Director 
would otherwise expire, unless reappointed. A Director ap-
pointed to a term of office after the commencement of 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS
such term may serve under such appointment only for the 
remainder of such term. An individual serving in the office 
of Director may be removed from office only pursuant to 
a finding by the President of neglect of duty or malfea-
sance in office. The President shall communicate the rea-
sons for any such removal to each House of the Congress. 
(c) FUNCTIONS.—The Director shall be responsible 
for the exercise of all powers and the discharge of all du-
ties of the Census Bureau, and shall have authority and 
control over all personnel and activities thereof. 
(d) ORGANIZATION.—The Director may establish, 
alter, consolidate, or discontinue such organizational units 
or components within the Census Bureau as the Director 
considers necessary or appropriate, except that this sub-
section shall not apply with respect to any unit or compo-
nent provided for by law. 
(e) ADVISORY COMMITTEES.—The Director may es-
tablish advisory committees to provide advice with respect 
to any function of the Director. Members of any such com-
mittee shall serve without compensation, but shall be enti-
tled to transportation expenses and per diem in lieu of 
subsistence in accordance with section 5703 of title 5, 
United States Code. 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS
(f) REGULATIONS.—The Director may prescribe such 
rules and regulations as the Director considers necessary 
or appropriate to carry out the functions of the Director. 
(g) DELEGATIONS ETC.—The Director may assign 
duties, and delegate, or authorize successive redelegations 
of, authority to act and to render decisions, to such offi-
cers and employees of the Census Bureau as the Director 
may find necessary. Within the limitations of such assign-
ments, delegations, or redelegations, all official acts and 
decisions of such officers and employees shall have the 
same force and effect as though performed or rendered 
by the Director. An assignment, delegation, or redelega-
tion under this subsection may not take effect before the 
date on which notice of such assignment, delegation, or 
redelegation (as the case may be) is published in the Fed-
eral Register. 
(h) OTHER AUTHORITIES.— 
(1) PERSONNEL.—Notwithstanding any other 
provision of law, the Director, in carrying out the 
functions of the Director or the Census Bureau, may 
use the services of officers and other personnel in 
other Federal agencies, including personnel of the 
armed forces, with the consent of the head of the 
agency concerned. 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS
(2) VOLUNTARY
SERVICES.—Notwithstanding 
section 1342 of title 31, United States Code, or any 
other provision of law, the Director may accept and 
use voluntary and uncompensated services. 
(i) COMPENSATION.—Level IV of the Executive 
Schedule under section 5315 of title 5, United States 
Code, applies with respect to the office of Director. 
SEC. 6. DEPUTY DIRECTOR. 
(a) IN GENERAL.—There shall be in the Census Bu-
reau a Deputy Director of the United States Census Bu-
reau, who shall be appointed by and serve at the pleasure 
of the Director. The position of Deputy Director shall be 
a career reserved position within the meaning of section 
3132(a)(8) of title 5, United States Code. 
(b) FUNCTIONS.—The Deputy Director shall perform 
such functions as the Director shall designate. During any 
absence or disability of the Director, the Deputy Director 
shall act as Director. In the event of a vacancy in the of-
fice of Director, the Deputy Director shall act as Director 
until a Director is appointed. 
SEC. 7. TRANSFERS. 
(a) FUNCTIONS.—There shall be transferred to and 
vested in the Director all functions that, as of December 
31, 2011, were— 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS
(1) vested in the Secretary of Commerce by title 
13, United States Code, Executive order, or any 
other provision of law; and 
(2) delegated to the Director of the Census 
within the Department of Commerce. 
(b) PERSONNEL, ASSETS, ETC.— 
(1) IN GENERAL.—There shall be transferred 
from the Department of Commerce to the Census 
Bureau, for appropriate allocation by the Director— 
(A) the personnel employed in connection 
with the functions transferred by subsection 
(a); and 
(B) the assets, liabilities, contracts, prop-
erty, records, and unexpended balance of appro-
priations, authorizations, allocations, and other 
funds employed, held, or used in connection 
with such functions, arising from such func-
tions, or available, or to be made available, in 
connection with such functions. 
(2) UNEXPENDED FUNDS.—Unexpended funds 
transferred pursuant to this subsection shall be used 
only for the purposes for which the funds were origi-
nally appropriated. 
(3) EMPLOYMENT PROTECTIONS.—During the 
1-year period beginning on January 1, 2012— 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS
(A) the transfer pursuant to this section of 
any full-time personnel (except special Govern-
ment employees) and part-time personnel hold-
ing permanent positions shall not cause any 
such personnel to be separated or reduced in 
grade or compensation solely as a result of such 
transfer; and 
(B) any such personnel who were not em-
ployed in the Bureau of the Census in the De-
partment of Commerce as of December 31, 
2011, shall not be subject to directed reassign-
ment to a duty station outside their commuting 
area. 
(c) EFFECTIVE DATE.—This section shall take effect 
on January 1, 2012. 
SEC. 8. TRANSITION RULES. 
(a) RELATING TO OFFICERS.— 
(1) APPOINTMENT OF INITIAL DIRECTOR.—The 
initial Director of the United States Census Bureau 
shall be appointed in accordance with the provisions 
of section 5(a). 
(2) INTERIM ROLE OF CURRENT DIRECTOR OF 
THE CENSUS AFTER EFFECTIVE DATE OF NEW CEN-
SUS BUREAU.—If, as of January 1, 2012, the initial 
Director of the United States Census Bureau has 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS
not taken office, the officer serving on December 31, 
2011, as Director of the Census (or Acting Director 
of the Census, if applicable) in the Department of 
Commerce shall serve as the Director of the United 
States Census Bureau, and shall assume the powers 
and duties of such Director, until the initial Director 
has taken office. 
(b) CONTINUATION OF ORDERS, DETERMINATIONS, 
RULES, REGULATIONS, ETC.—All orders, determinations, 
rules, regulations, permits, contracts, collective bargaining 
agreements (and ongoing negotiations relating to such col-
lective bargaining agreements), recognitions of labor orga-
nizations, certificates, licenses, and privileges— 
(1) which have been issued, made, promulgated, 
granted, or allowed to become effective, in the exer-
cise of functions (A) which were exercised by the 
Secretary of Commerce (or delegate thereof), and 
(B) which relate to functions which, by reason of 
this Act are vested in the Director of the United 
States Census Bureau, and 
(2) which are in effect as of December 31, 
2011, 
shall continue in effect according to their terms until 
modified, terminated, suspended, set aside, or repealed by 
the Director of the United States Census Bureau, except 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS
that any collective bargaining agreement shall remain in 
effect until the date of termination in accordance with 
such agreement. 
(c) CONTINUATION OF PROCEEDINGS.—The provi-
sions of this Act shall not affect any proceeding pending 
before the Secretary of Commerce (or delegate thereof) as 
of December 31, 2011, with respect to functions which 
(by reason of this Act) are vested in the Director of the 
United States Census Bureau, except that such pro-
ceedings, to the extent that such proceedings relate to 
such functions, shall continue before such Director. Orders 
shall be issued under any such proceeding, appeals taken 
therefrom, and payments shall be made pursuant to such 
orders, in like manner as if this Act had not been enacted, 
and orders issued in any such proceeding shall continue 
in effect until modified, terminated, superseded, or re-
pealed by such Director, by a court of competent jurisdic-
tion, or by operation of law. 
(d) CONTINUATION OF SUITS.—Except as provided 
in this subsection— 
(1) the provisions of this Act shall not affect 
suits commenced before January 1, 2012; and 
(2) in all such suits, proceedings shall be had, 
appeals taken, and judgments rendered, in the same 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS
manner and effect as if this Act had not been en-
acted. 
No cause of action, and no suit, action, or other pro-
ceeding commenced by or against any officer in such offi-
cer’s official capacity as an officer of the Department of 
Commerce, shall abate by reason of the enactment of this 
Act. In any suit, action, or other proceeding pending as 
of December 31, 2011, the court or hearing officer may 
at any time, on the motion of the court or hearing officer 
or that of a party, enter an order which will give effect 
to the provisions of this subsection (including, where ap-
propriate, an order for substitution of parties). 
(e) CONTINUATION OF PENALTIES.—This Act shall 
not have the effect of releasing or extinguishing any civil 
or criminal prosecution, penalty, forfeiture, or liability in-
curred as a result of any function which (by reason of this 
Act) is vested in the Director of the United States Census 
Bureau. 
(f) JUDICIAL REVIEW.—Orders and actions of the 
Director of the United States Census Bureau in the exer-
cise of functions vested in such Director by reason of this 
Act shall be subject to judicial review to the same extent 
and in the same manner as if such orders had been made 
and such actions had been taken by the Secretary of Com-
merce in the exercise of such functions immediately before 
VerDate Aug 31 2005 
05:26 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H7069.IH
H7069
smartinez on PROD1PC64 with BILLS