Census Oversight Efficiency and Management Reform Act of 2010 - Requires the individual appointed as Director of the Census to have a demonstrated ability in managing large organizations and experience in the collection, analysis, and use of statistical data.
Provides that: (1) the Director shall report directly to the Secretary of Commerce; and (2) no U.S. officer or agency shall have authority to require the Director to submit legislative recommendations, testimony, or comments for review prior to the submission to Congress if such submission includes a statement indicating that the views expressed are those of the Bureau of the Census and do not necessarily represent the views of the President.
Requires the term of office of the Director to be five years and to begin on January 1, 2012, and every fifth year thereafter. Prohibits an individual from serving more than two full terms as Director. Sets forth provisions governing: (1) vacancies in and removal from office; and (2) the authorities and duties of the Director.
Requires the Director to establish a technology advisory committee, whose members shall be selected from the public, private, and academic sectors, to make recommendations to the Director and publish reports on the use of commercially available technologies and services to improve efficiencies and manage costs in the implementation of the census and census-related activities, including pilot projects.
Establishes the position of Deputy Director of the Census.
Requires the Director to: (1) provide a plan to Congress on how the Bureau will test, develop, and implement an Internet response option for the 2020 Census and the American Community Survey; and (2) submit to the appropriate congressional committees, by the date of submission of the President's budget request for a fiscal year, a comprehensive status report on the next decennial census.
Requires each report to include: (1) a description of the Bureau's performance goals for each significant decennial operation; (2) an assessment of the risks associated with each such operation; (3) detailed milestone estimates for each such operation; (4) updated cost estimates for the life cycle of the decennial census; and (5) a detailed description of all contracts over $50 million entered into for each such operation.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3167 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3167
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
_______________________________________________________________________
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.
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 ``Census Oversight Efficiency and
Management Reform Act of 2010''.
SEC. 2. AUTHORITY AND DUTIES OF DIRECTOR AND DEPUTY DIRECTOR OF THE
CENSUS.
(a) In General.--Section 21 of the title 13, United States Code, is
amended to read as follows:
``Sec. 21. Director of the Census; Deputy Director of the Census;
authority and duties
``(a) Definitions.--As used in this section--
``(1) `Director' means the Director of the Census;
``(2) `Deputy Director' means the Deputy Director of the
Census; and
``(3) `function' includes any duty, obligation, power,
authority, responsibility, right, privilege, activity, or
program.
``(b) Director of the Census.--
``(1) Appointment.--
``(A) In general.--The Bureau shall be headed by a
Director of the Census, appointed by the President, by
and with the advice and consent of the Senate.
``(B) Qualifications.--Such appointment shall be
made from individuals who have a demonstrated ability
in management and experience in the collection,
analysis, and use of statistical data.
``(2) General authority and duties.--
``(A) In general.--The Director shall report
directly to the Secretary without being required to
report through any other official of the Department of
Commerce.
``(B) Duties.--The Director shall perform such
duties as may be imposed upon the Director by law,
regulations, or orders of the Secretary.
``(C) Independence of director.--No officer or
agency of the United States shall have any authority to
require the Director to submit legislative
recommendations, or testimony, or comments for review
prior to the submission of such recommendations,
testimony, or comments to Congress if such
recommendations, testimony, or comments to Congress
include a statement indicating that the views expressed
therein are those of the Bureau and do not necessarily
represent the views of the President.
``(3) Term of office.--
``(A) In general.--The term of office of the
Director shall be 5 years, and shall begin on January
1, 2012, and every fifth year thereafter. An individual
may not serve more than 2 full terms as Director.
``(B) Vacancies.--Any individual appointed to fill
a vacancy in such position, occurring before the
expiration of the term for which such individual's
predecessor was appointed, shall be appointed for the
remainder of that term. The Director may serve after
the end of the Director's term until reappointed or
until a successor has been appointed, but in no event
longer than 1 year after the end of such term.
``(C) Removal.--An individual serving as Director
may be removed from office by the President. The
President shall communicate in writing the reasons for
any such removal to both Houses of Congress not later
than 30 days before the removal.
``(4) Functions.--The Director shall be responsible for the
exercise of all powers and the discharge of all duties of the
Bureau, and shall have authority and control over all personnel
and activities thereof.
``(5) Organization.--The Director may establish, alter,
consolidate, or discontinue such organizational units or
components within the Bureau as the Director considers
necessary or appropriate, except that this paragraph shall not
apply with respect to any unit or component provided for by
law.
``(6) Advisory committees.--The Director may establish
advisory committees to provide advice with respect to any
function of the Director. Members of any such committee 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.
``(7) Regulations.--The Director may, in consultation with
the Secretary, prescribe such rules and regulations as the
Director considers necessary or appropriate to carry out the
functions of the Director.
``(8) Delegations, etc.--The Director may assign duties,
and delegate, or authorize successive redelegations of,
authority to act and to render decisions, to such officers and
employees of the Bureau as the Director may find necessary.
Within the limitations of such assignments, 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 redelegation under this paragraph 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 Federal Register.
``(9) Budget requests.--At the time the Director submits a
budget request to the Secretary for inclusion in the
President's budget request for a fiscal year submitted under
section 1105 of title 31, and prior to the submission of the
Department of Commerce budget to the Office of Management and
Budget, the Director shall provide that budget information to
the Committee on Oversight and Government Reform of the House
of Representatives and the Committee on Governmental Affairs of
the Senate, as well as the Committees on Appropriations of the
House of Representatives and the Senate. All other budget
requests from the Bureau to the Secretary shall be made
available to the Committees on Appropriations of the House of
Representatives and the Senate.
``(10) Other authorities.--
``(A) Personnel.--Subject to sections 23 and 24,
but notwithstanding any other provision of law, the
Director, in carrying out the functions of the Director
or the 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.
``(B) Voluntary services.--Notwithstanding section
1342 of title 31, or any other provision of law, the
Director may accept and use voluntary and uncompensated
services.
``(c) Deputy Director.--
``(1) In general.--There shall be in the Bureau a Deputy
Director of the Census, 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.
``(2) Functions.--The Deputy Director shall perform such
functions as the Director shall designate.
``(3) Temporary authority to perform functions of
director.--The provisions of sections 3345 through 3349d of
title 5 shall apply with respect to the office of Director. The
first assistant to the office of Director is the Deputy
Director for purposes of applying such provisions.''.
(b) Transition Rules.--
(1) Appointment of initial director.--The initial Director
of the Bureau of the Census shall be appointed in accordance
with the provisions of section 21(b) of title 13, United States
Code, as amended by subsection (a).
(2) Interim role of current director of the census after
date of enactment.--If, as of January 1, 2012, the initial
Director of the Bureau of the Census has 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--
(A) shall serve as the Director of the Bureau of
the Census;
(B) shall assume the powers and duties of such
Director, until the initial Director has taken office;
and
(C) shall report directly to the Secretary of
Commerce.
(c) Clerical Amendment.--The item relating to section 21 in the
table of sections for chapter 1 of title 13, United States Code, is
amended to read as follows:
``21. Director of the Census; Deputy Director of the Census; authority
and duties.''.
(d) Technical and Conforming Amendments.--Not later than January 1,
2011, the Secretary of Commerce, in consultation with the Director of
the Census, shall submit to each House of the Congress draft
legislation containing any technical and conforming amendments to title
13, United States Code, and any other provisions which may be necessary
to carry out the purposes of this Act.
SEC. 3. INTERNET RESPONSE OPTION.
Not later than 180 days after the date of the enactment of this
Act, the Director of the Census, shall provide a plan to Congress on
how the Bureau of the Census will test, develop, and implement an
Internet response option for the 2020 Census and the American Community
Survey. The plan shall include a description of how and when
feasibility will be tested, the stakeholders to be consulted, when and
what data will be collected, and how data will be protected.
SEC. 4. ANNUAL REPORTS.
(a) In General.--Subchapter I of chapter 1 of title 13, United
States Code, is amended by adding at the end the following new section:
``Sec. 17. Annual reports
``(a) Not later than the date of the submission of the President's
budget request for a fiscal year under section 1105 of title 31, the
Director of the Census shall submit to the appropriate congressional
committees a comprehensive status report on the next decennial census,
beginning with the 2020 decennial census. Each report shall include the
following information:
``(1) A description of the Bureau's performance goals for
each significant decennial operation, including the performance
measures for each operation.
``(2) An assessment of the risks associated with each
significant decennial operation, including the
interrelationships between the operations and a description of
relevant mitigation plans.
``(3) Detailed milestone estimates for each significant
decennial operation, including estimated testing dates, and
justification for any changes to milestone estimates.
``(4) Updated cost estimates for the life cycle of the
decennial census, including sensitivity analysis and an
explanation of significant changes in the assumptions on which
such cost estimates are based.
``(5) A detailed description of all contracts over
$50,000,000 entered into for each significant decennial
operation, including--
``(A) any changes made to the contracts from the
previous fiscal year;
``(B) justification for the changes; and
``(C) actions planned or taken to control growth in
such contract costs.
``(b) For purposes of this section, the term `significant decennial
operation' includes any program or information technology related to--
``(1) the development of an accurate address list;
``(2) data collection, processing, and dissemination;
``(3) recruiting and hiring of temporary employees;
``(4) marketing, communications, and partnerships; and
``(5) coverage measurement.''.
(b) Clerical Amendment.--The table of sections for chapter 1 of
title 13, United States Code, is amended by inserting after the item
relating to section 16 the following new item:
``17. Annual reports.''.
(c) Effective Date.--The amendments made by this section shall
apply to budget requests for fiscal years beginning after September 30,
2010.
<all>
Sponsor introductory remarks on measure. (CR S2117-2118)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (text of measure as introduced: CR S2118-2119)
Committee on Homeland Security and Governmental Affairs referred to Subcommittee on Federal Financial Management, Government Information, Federal Services, and International Security.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with amendments. With written report No. 111-351.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with amendments. With written report No. 111-351.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 647.
Measure laid before Senate by unanimous consent. (consideration: CR S8651-8654; text of measure as reported in Senate: CR S8651-8652)
Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(text: CR S8653-8654)
Passed Senate with amendments by Unanimous Consent. (text: CR S8653-8654)
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Received in the House.
Message on Senate action sent to the House.
Held at the desk.
Mrs. Maloney moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H8311-8318; text as received in House: CR H8311-8312)
DEBATE - The House proceeded with forty minutes of debate on S. 3167.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H8330)
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 201 - 167 (Roll no. 629).
Roll Call #629 (House)On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 201 - 167 (Roll no. 629).
Roll Call #629 (House)