I 111th CONGRESS 1st Session H. R. 3582 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.

1.

Short title

This Act may be cited as the Census Improvement Act.

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.

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.

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).

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).

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.