Ensuring a Fair and Accurate Census Act
Bill: S.5270 | Sponsor: Sen. Schatz, Brian (D-HI)
Policy area: Government Operations and Politics

Summary:
Ensuring a Fair and Accurate Census Act
This bill addresses the operations of the Bureau of the Census.
Specifically, the bill (1) requires the Deputy Director of the bureau to appoint an employee responsible for optimizing racial and ethnic equity in the decennial census of population; and (2) provides statutory authority for specified advisory committees.
The bureau may not include in the census any subject, type of information, or question that was not submitted to Congress.
The bureau must submit to Congress a report biannually that (1) describes each component of the operational plan for the subsequent decennial census of population; and (2) includes a detailed statement on the status of all research, testing, and operations that are part of the bureau's comprehensive plan for the decennial census.
The bureau must submit to Congress a certification stating that any question that has not appeared on the previous two decennial censuses has been researched, studied, and tested according to established statistical policies and procedures.
The Government Accountability Office must review such certification and report to Congress on whether the questions to be included have been researched, studied, and tested according to such policies and procedures.
The bureau, by January 1, 2026, and every 10 years thereafter, must transmit to Congress a lifecycle cost estimate for the decennial census of population first occurring after the date of transmittal.
The bureau must submit to Congress a report on local-level data and local field operations.

To amend title 13, United States Code, to improve the operations of the 
             Bureau of the Census, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring a Fair and Accurate Census 
Act''.

SEC. 2. MODIFICATION OF CERTAIN BUREAU OF THE CENSUS AUTHORITIES.

    (a) Budget Requests.--
            (1) In general.--Subchapter I of chapter 1 of title 13, 
        United States Code, is amended by inserting after section 13 
        the following:
``Sec. 14. Budget requests
    ``(a) With respect to the budget request of the Bureau for fiscal 
year 2027 and each fiscal year thereafter submitted to the President 
for inclusion in the annual budget submission under section 1105(a) of 
title 31, the Director shall include in such request to the Secretary 
the estimated costs of carrying out the duties of the Bureau during the 
five-year period beginning on the fiscal year covered by such request.
    ``(b) On the date that the estimate of costs is submitted to the 
Secretary under subsection (a), the Director shall submit such estimate 
to the Committee on Oversight and Reform of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Committees on the Budget of the House of 
Representatives and the Senate, and the Committees on Appropriations of 
the House of Representatives and the Senate.''.
            (2) Clerical amendment.--The table of sections for such 
        subchapter is amended by inserting after the item relating to 
        section 13 the following new item:

``14. Budget requests.''.
    (b) Duties.--Section 21(c) of title 13, United States Code, is 
amended to read as follows:
    ``(c) Duties.--
            ``(1) In general.--The Director shall perform such duties 
        as may be imposed upon the Director by law, regulations, or 
        orders of the Secretary. The Director shall report directly to 
        the Deputy Secretary of Commerce.
            ``(2) Decennial census.--Any operational, statistical, or 
        technical decision for any decennial census of population may 
        be made only by the Director.''.
    (c) Advisory Committees; Deputy Director.--
            (1) In general.--Section 21 of title 13, United States 
        Code, as amended by subsection (b), is further amended--
                    (A) in the section heading, by striking ``duties'' 
                and inserting ``Deputy Director; advisory committees''; 
                and
                    (B) by adding at the end the following:
    ``(d) Deputy Director.--
            ``(1) In general.--There shall be in the Bureau a single 
        Deputy Director of the Bureau, to be appointed by the Director. 
        The position of Deputy Director shall be a career reserved 
        position (as that term is defined in section 3132(a)(8) of 
        title 5). The Deputy Director shall be selected from among any 
        career appointee (as that term is defined in section 3132(a)(4) 
        of such title) at any agency. The individual appointed to the 
        position of Deputy Director shall be made from individuals who 
        have a demonstrated ability in managing large organizations and 
        experience in the collection, analysis, and use of statistical 
        data.
            ``(2) 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.
            ``(3) Vacancy.--In the event of a vacancy in the office of 
        Director, or when the Director is absent or unable to serve, 
        the Deputy Director shall act as Director until a Director is 
        appointed. If no individual is serving as Deputy Director, the 
        highest level career employee of the Bureau shall act as 
        Director until a Deputy Director or Director is appointed. This 
        paragraph shall serve as the exclusive means of designating an 
        acting Director.
            ``(4) Census equity official.--The Deputy Director shall 
        appoint an employee within the Bureau, who shall report 
        directly to the Deputy Director, and who shall be responsible 
        for optimizing racial and ethnic equity in the decennial census 
        of population, including by--
                    ``(A) enhancing outreach to, and collaborating 
                with, organizations and stakeholders that have 
                demonstrated their influence with racial and ethnic 
                communities that historically have had census 
                participation rates that are lower than those of the 
                overall population;
                    ``(B) maximizing participation among racial and 
                ethnic demographic cohorts that have historically had 
                census participation rates that are lower than those of 
                the overall population;
                    ``(C) rectifying the undercount of cohorts of the 
                population that have been undercounted in recent 
                decennial census counts; and
                    ``(D) any other strategies, initiatives, 
                activities, or operations that would optimize such 
                equity.
    ``(e) Advisory Committees.--
            ``(1) General authority.--In accordance with the Federal 
        Advisory Committee Act (5 U.S.C. App.), and subject to 
        paragraph (2), the Director may establish advisory committees 
        to provide advice with respect to the mission of the Bureau. 
        Members of any such committee, including a committee 
        established under paragraph (2), shall serve without 
        compensation, but shall be entitled to transportation expenses 
        and per diem in lieu of subsistence in accordance with section 
        5703 of title 5.
            ``(2) Specific advisory committees.--
                    ``(A) Bureau of the census advisory committee on 
                statistical quality standards.--The Director shall 
                appoint a committee, to be known as the `Advisory 
                Committee on Statistical Quality Standards', composed 
                of five members to review and provide recommendations 
                on the statistical quality standards of the Bureau that 
                guide the production and release of all Bureau 
                decennial census products.
                    ``(B) National advisory committee and scientific 
                advisory committee.--There are hereby established the 
                Bureau of the Census Scientific Advisory Committee and 
                the Census Bureau National Advisory Committee on 
                Racial, Ethnic, and Other Populations, as described in 
                the charters for each such committee published on March 
                15, 2022, and March 23, 2022, respectively, or any 
                subsequent charters. Such advisory committees shall 
                operate under the terms and conditions set forth in the 
                applicable charter.
                    ``(C) 2030 census advisory committee.--The Director 
                shall appoint an advisory committee, substantially 
                similar to the 2010 Census Advisory Committee, 
                consisting of up to 20 member organizations to address 
                policy, research, and technical issues related to the 
                design and implementation of the 2030 decennial census 
                and the American Community Survey.''.
            (2) Clerical amendment.--The table of sections for 
        subchapter II of chapter 1 of such title is amended by striking 
        the item relating to section 21 and inserting the following:

``21. Director of the Census; Deputy Director; advisory committees.''.
    (d) Position Requirements.--Section 22 of title 13, United States 
Code, is amended--
            (1) by striking ``All permanent'' and inserting ``(a) In 
        General.--All permanent''; and
            (2) by adding at the end the following:
    ``(b) Positions.--Each position within the Bureau shall be a career 
position within the civil service, except for the position of the 
Director and not more than three other positions.''.

SEC. 3. LIMITATIONS AND REQUIREMENTS FOR THE DECENNIAL CENSUS.

    Section 141 of title 13, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (i);
            (2) by inserting after subsection (f) the following:
    ``(g) Limitations and Requirements.--
            ``(1) Notice to congress of subjects, types of information, 
        and questions.--In the 2030 decennial census of population and 
        each decennial census thereafter, the Secretary may not include 
        any subject, type of information, or question that was not 
        submitted to Congress in accordance with subsection (f).
            ``(2) Biannual reports.--
                    ``(A) Submission to congress.--Not later than April 
                1 of the calendar year beginning after the date of 
                enactment of the Ensuring a Fair and Accurate Census 
                Act and biannually thereafter, the Secretary shall 
                submit to Congress a report that--
                            ``(i) describes each component of the 
                        operational plan for the subsequent decennial 
                        census of population; and
                            ``(ii) includes a detailed statement on the 
                        status of all research, testing, and operations 
                        that are part of the Bureau's comprehensive 
                        plan for the decennial census, and including a 
                        detailed statement on the status of any 
                        initiatives, developments, and operations 
                        within the purview of the official appointed by 
                        the Deputy Director under section 21(d)(4).
                    ``(B) Internet publication.--On the date on which 
                the Secretary submits a report under subparagraph (A), 
                the Secretary shall publish the report on the public 
                internet website of the Bureau.
            ``(3) Secretary certification.--
                    ``(A) In general.--The Secretary, upon the date of 
                submission of the report required by subsection (f)(2), 
                shall submit, to the committees of Congress having 
                legislative jurisdiction over the census, a 
                certification stating that any question that has not 
                appeared on the previous two decennial censuses has 
                been researched, studied, and tested according to 
                established statistical policies and procedures.
                    ``(B) GAO review.--Not later than 6 months after 
                the Secretary submits a certification under paragraph 
                (2), the Comptroller General of the United States shall 
                review such certification and submit a report to 
                Congress on whether the questions to be included in the 
                census have been researched, studied, and tested 
                according to established statistical policies and 
                procedures.''; and
            (3) in subsection (i), as so redesignated, by inserting 
        ``Definition.--'' before ``As used in''.

SEC. 4. DECENNIAL CENSUS LIFECYCLE COST ESTIMATES.

    Section 141 of title 13, United States Code, as amended by section 
3, is further amended by inserting after subsection (g) the following:
    ``(h) Lifecycle Costs.--
            ``(1) Estimate.--Not later than January 1, 2026, and every 
        ten years thereafter, the Director shall transmit to the chairs 
        of the committees described in paragraph (3) a lifecycle cost 
        estimate for the decennial census of population first occurring 
        after the date of such transmittal. Such estimate shall include 
        the following with respect to such lifecycle:
                    ``(A) An estimate of costs by each fiscal year.
                    ``(B) Estimates of capital versus operating 
                expenses.
                    ``(C) Staffing projections for each year.
                    ``(D) Assumptions about response rates, wages, and 
                other economic variables.
            ``(2) Update.--On the date the President submits the annual 
        budget under section 1105(a) of title 31 during any calendar 
        year a decennial of census of population is taken under this 
        section, and on the date such annual budget is submitted during 
        the immediately preceding four calendar years, the Director 
        shall transmit a report describing any changes to the 
        applicable lifecycle estimate transmitted under paragraph (1). 
        Such report shall include the following:
                    ``(A) The basis for any such changes.
                    ``(B) Projected impacts on response rates, staffing 
                requirements, or costs throughout the lifecycle.
                    ``(C) An explanation of any differences in 
                budgetary resources between the amount requested in the 
                President's annual budget request and the lifecycle 
                cost estimate, as updated by this paragraph.
            ``(3) Committees.--The committees described in this 
        paragraph are the Committee on Oversight and Reform of the 
        House of Representatives, the Committee on Homeland Security 
        and Governmental Affairs of the Senate, and the Committees on 
        Appropriations of the House of Representatives and the 
        Senate.''.

SEC. 5. REPORT ON LOCAL-LEVEL DATA AND LOCAL FIELD OPERATIONS.

    Not later than 180 days after the date of the enactment of this 
Act, the Director of the Bureau of the Census shall submit to Congress 
a report that--
            (1) reviews the Bureau's current processes for consulting 
        and engaging with jurisdictions and local partners in 
        conducting the decennial census, including as it relates to 
        preventing and addressing inaccuracies;
            (2) provides an update on the Bureau's progress in 
        implementing several of the Government Accountability Office's 
        recommendations as it relates to the collection and utilization 
        of local-level data and coordination of local field operations; 
        and
            (3) outlines additional resources needed to support and 
        improve the Bureau's capacity to conduct an accurate count of 
        the Nation's population.
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