[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3582 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3582

   To make organizations which have been indicted for violations of 
Federal or State law relating to elections for public office ineligible 
to participate in the Planning Partnership Program for the 2010 census 
                 of population, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 16, 2009

  Mrs. Bachmann (for herself, Mr. Marchant, Ms. Foxx, Mr. Herger, Ms. 
Fallin, Mr. Bartlett, Mrs. Lummis, Mr. Gingrey of Georgia, Mr. Austria, 
 Mr. Kingston, Mr. Manzullo, Mr. Neugebauer, Mr. Shadegg, Mr. Gohmert, 
    Mr. Culberson, Mr. Pitts, Mr. Hensarling, Mr. Scalise, and Mr. 
  Alexander) introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
 Committee on Rules, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To make organizations which have been indicted for violations of 
Federal or State law relating to elections for public office ineligible 
to participate in the Planning Partnership Program for the 2010 census 
                 of population, 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 Improvement Act''.

SEC. 2. LIMITATION ON ELIGIBILITY TO PARTICIPATE IN PLANNING 
              PARTNERSHIP PROGRAM FOR THE 2010 CENSUS.

    (a) In General.--Participation in the Planning Partnership Program 
for the 2010 census of population shall not be allowed in the case of--
            (1) an organization which has been indicted for a violation 
        under Federal or State law relating to an election for Federal 
        or State office; or
            (2) an organization which employs applicable individuals.
    (b) Applicable Individual Defined.--For purposes of this section, 
the term ``applicable individual'' means an individual who--
            (1) is--
                    (A) employed by the organization in a permanent or 
                temporary capacity;
                    (B) contracted or retained by the organization; or
                    (C) acting on behalf of, or with the express or 
                apparent authority of, the organization; and
            (2) has been indicted for a violation under Federal or 
        State law relating to an election for Federal or State office.
    (c) State Defined.--For purposes of this section, the term 
``State'' includes the District of Columbia.

SEC. 3. TWO-THIRDS VOTE REQUIRED TO REPEAL OR OTHERWISE LIMIT 
              PROVISIONS RELATING TO CONFIDENTIALITY OF CERTAIN 
              INFORMATION.

    (a) Rulemaking Power.--The succeeding provisions of this section 
are enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such 
        shall be deemed a part of the rules of each House, 
        respectively, and shall supersede other rules only to the 
        extent that they are inconsistent with such other rules; and
            (2) with the full recognition of the constitutional right 
        of either House to change the rules (so far as relating to the 
        procedures of that House) at any time, in the same manner, and 
        to the same extent as any other rule of that House.
    (b) Voting Requirement.--No bill or joint resolution, amendment, or 
conference report containing a provision which would have the effect of 
repealing, suspending, or otherwise limiting the application of section 
9 of title 13, United States Code (relating to information as 
confidential; exception) shall be considered as passed or agreed to, by 
either House of Congress, unless so passed or agreed to by a vote of 
not less than two-thirds of the Members of such House voting.

SEC. 4. REVIEW AND REPORT TO CONGRESS.

    (a) In General.--Not later than 6 months after the deadline for the 
submission described in subsection (c), the Government Accountability 
Office shall review and report to Congress on the questions proposed to 
be included in the 2010 census of population and the American Community 
Survey (next scheduled to be carried out after the end of the 6-month 
period beginning after the date of the enactment of this Act).
    (b) Requirements.--In carrying out this section, the Government 
Accountability Office shall specifically address--
            (1) the reasons for each question proposed to be included 
        in the survey or census and the purposes for which the 
        information obtained from respondents is likely to be used;
            (2) alternative means by which the same information could 
        be obtained other than by inclusion in such census or survey, 
        as the case may be; and
            (3) the relative advantages and disadvantages of obtaining 
        the information through a census or survey (as the case may be) 
        as compared to the alternative means referred to in paragraph 
        (2).
    (c) Submission of Questions.--Not later than 30 days after the date 
of the enactment of this Act, the Secretary of Commerce shall submit to 
the Government Accountability Office--
            (1) a copy of each question proposed to be included in the 
        upcoming American Community Survey (as described in subsection 
        (a)) and the 2010 census of population; and
            (2) with respect to each question under paragraph (1), the 
        views of the Secretary of Commerce (or designee) with respect 
        to paragraphs (1) through (3) of subsection (b).

SEC. 5. PRACTICE OF SEEKING ANSWERS TO SURVEY OR CENSUS QUESTIONS FROM 
              NON-HOUSEHOLD MEMBERS NO LONGER ALLOWED.

    (a) In General.--Notwithstanding any other provision of law, no 
officer, employee, or other person referred to in subchapter II of 
chapter 1 of title 13, United States Code, may, in the conduct of the 
American Community Survey or the 2010 census of population, seek 
answers to any questions relating to any household or any member of 
such household from any person who is not a member of such household.
    (b) Implementation.--The Secretary of Commerce shall take such 
measures as may be necessary to provide for the implementation of 
subsection (a).

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``census of population'' has the meaning given 
        such term by section 141(g) of title 13, United States Code; 
        and
            (2) the term ``Member'' means a Member of Congress, as 
        defined by section 2106 of title 5, United States Code.
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