1.This Act may be cited as the
Census Oversight Efficiency and
Management Reform Act of 2010
.
2.Authority and duties of Director and Deputy
Director of the Census
(a)Section 21 of the title 13, United States
Code, is amended to read as follows:
21.Director of the Census; Deputy Director of
the Census; authority and duties
(a)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)
(1)
(A)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)Such appointment shall be made from
individuals who have a demonstrated ability in managing large organizations and
experience in the collection, analysis, and use of statistical data.
(2)General authority and duties
(A)The Director shall report directly to the
Secretary without being required to report through any other official of the
Department of Commerce.
(B)The Director shall perform such duties as
may be imposed upon the Director by law, regulation, or orders of the
Secretary.
(C)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)
(A)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)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)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 60 days before the removal.
(4)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)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)
(A)Advisory
committees generally
(i)The Director may establish such advisory committees as
the Director considers appropriate to provide advice with respect to any
function of the Director.
(ii)Compensation
and expensesMembers of any advisory committee established under
clause (i) 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.
(B)Technology
advisory committee
(i)Not later than 180 days after the date of the enactment
of the Census Oversight Efficiency and Management Reform Act of 2010, the
Director shall establish a technology advisory committee under subparagraph
(A).
(ii)Members
of the technology advisory committee shall be selected from the public,
private, and academic sectors from among those who have experience in
technologies and services relevant to the planning and execution of the
census.
(iii)The
technology advisory committee shall 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.
(7)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)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)
(A)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)Notwithstanding section 1342 of title 31,
or any other provision of law, the Director may accept and use voluntary and
uncompensated services.
(c)
(1)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)The Deputy Director shall perform such
functions as the Director shall designate.
(3)Temporary authority to perform functions of
DirectorThe 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)
(1)Appointment of initial
DirectorThe 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 enactmentIf, 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)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
amendmentsNot 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.
3.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.
4.
(a)Subchapter I of chapter 1 of title 13,
United States Code, is amended by adding at the end the following new
section:
17.
(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)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)The amendments made by
this section shall apply to budget requests for fiscal years beginning after
September 30, 2010.
Passed the Senate
December 8, 2010.
Secretary