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.

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.

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.

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.

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.

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.

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.

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.

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.

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.