[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7069 Introduced in House (IH)]







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 
      referred 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 Representatives 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.
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 provide 
        statistics to the public and to the Government that are 
        accurate, timely, relevant to public purposes, and credible in 
        that they are collected impartially 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 appropriate intervals between censuses.
            (4) In all of the data collections envisioned in title 13, 
        United States Code, it is fundamentally important that data be 
        collected in an impartial manner, using modern statistical, 
        computational, and 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 position 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 position 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 limitations of 
                the data provided;
                    (B) dissemination of data as widely as possible, 
                according to published schedules for release of key 
                statistics;
                    (C) continual search for the development of more 
                useful data, in terms of cost-effectiveness, accuracy, 
                timeliness, and relevance to public purposes;
                    (D) regular evaluation of major data collection 
                programs to identify ways to improve their cost-
                effectiveness, accuracy, timeliness, and relevance;
                    (E) commitment to quality and professional 
                standards of practice as a statistical agency;
                    (F) fair treatment of data providers, including 
                individuals and organizations, with respect for privacy 
                and the protection of confidential information;
                    (G) maintenance of an active research program, not 
                only in methodology and operations, but also in using 
                data for reporting of conditions 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 Bureau; and
            (4) the term ``function'' includes any duty, obligation, 
        power, authority, responsibility, right, privilege, 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 individual 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 appointed to a term of office after the 
commencement of 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 malfeasance in office. The President shall 
communicate the reasons 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 duties 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 subsection shall not apply with respect to any unit or 
component provided for by law.
    (e) 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, 
United States Code.
    (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 officers and employees of the Census 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 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 Federal 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.
            (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 Bureau a Deputy 
Director of the United States Census Bureau, 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 office 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--
            (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, property, 
                records, and unexpended balance of appropriations, 
                authorizations, allocations, and other funds employed, 
                held, or used in connection with such functions, 
                arising from such functions, 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 originally appropriated.
            (3) Employment protections.--During the 1-year period 
        beginning on January 1, 2012--
                    (A) the transfer pursuant to this section of any 
                full-time personnel (except special Government 
                employees) and part-time personnel holding 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 employed in the 
                Bureau of the Census in the Department of Commerce as 
                of December 31, 2011, shall not be subject to directed 
                reassignment 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 census bureau.--If, as of January 1, 
        2012, the initial Director of the United States Census Bureau 
        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 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 collective bargaining agreements), recognitions of 
labor organizations, certificates, licenses, and privileges--
            (1) which have been issued, made, promulgated, granted, or 
        allowed to become effective, in the exercise 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 that any collective bargaining 
agreement shall remain in effect until the date of termination in 
accordance with such agreement.
    (c) Continuation of Proceedings.--The provisions 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 proceedings, 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 repealed by such Director, by a court of 
competent jurisdiction, 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 manner and effect as 
        if this Act had not been enacted.
No cause of action, and no suit, action, or other proceeding commenced 
by or against any officer in such officer'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 appropriate, 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 incurred 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 exercise 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 Commerce in the 
exercise of such functions immediately before the transfer described in 
section 7(a). Any statutory requirements relating to notice, hearings, 
action upon the record, or administrative review that apply to any 
function so vested in such Director shall continue to apply to the 
exercise of such function by such Director.
    (g) Exercise of Functions.--In the exercise of the functions vested 
in the Director of the United States Census Bureau under this Act, such 
Director shall have the same authority as that vested in the Secretary 
of Commerce with respect to the exercise of such functions immediately 
preceding the vesting of such functions in such Director, and actions 
of such Director shall have the same force and effect as if exercised 
by such Secretary.

SEC. 9. INSPECTOR GENERAL.

    (a) In General.--Section 11 of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended--
            (1) in paragraph (1), by striking ``or the Federal 
        Cochairpersons of the Commissions established under section 
        15301 of title 40, United States Code;'' and inserting ``the 
        Federal Cochairpersons of the Commissions established under 
        section 15301 of title 40, United States Code; or the Director 
        of the United States Census Bureau;''; and
            (2) in paragraph (2), by striking ``or the Commissions 
        established under section 15301 of title 40, United States 
        Code,'' and inserting ``the Commissions established under 
        section 15301 of title 40, United States Code, or the United 
        States Census Bureau,''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on January 1, 2012.

SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.

    Not later than January 1, 2011, 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.
                                 <all>