[Congressional Record Volume 156, Number 161 (Wednesday, December 8, 2010)]
[Senate]
[Pages S8651-S8654]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CENSUS OVERSIGHT EFFICIENCY AND MANAGEMENT REFORM ACT OF 2010
Mr. REID. Mr. President, I ask unanimous consent to proceed to
Calendar No. 647, S. 3167.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 3167) to amend title 13 of the United States
Code to provide for a 5-year term of office for the Director
of the Census and to provide for the authority and duties of
the Director and Deputy Director of the Census, and for other
purposes.
=========================== NOTE ===========================
On page S8651, December 8, 2010, the Record reads: The
legislative clerk read as follows: A bill (S. 3167) to amend title
13 of the United States Code to provide for a 5-year term of
office for the authority . . .
The online Record has been corrected to read: The legislative
clerk read as follows: A bill (S. 3167) to amend title 13 of the
United States Code to provide for a 5-year term of office for the
Director of the Census and to provide for the authority . . .
========================= END NOTE =========================
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Homeland Security and
Governmental Affairs, with amendments, as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
Italic.)
S. 3167
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 Oversight Efficiency
and Management Reform Act of 2010''.
SEC. 2. AUTHORITY AND DUTIES OF DIRECTOR AND DEPUTY DIRECTOR
OF THE CENSUS.
(a) In General.--Section 21 of the title 13, United States
Code, is amended to read as follows:
``Sec. 21. Director of the Census; Deputy Director of the
Census; authority and duties
``(a) Definitions.--As used in this section--
``(1) `Director' means the Director of the Census;
[[Page S8652]]
``(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) Director of the Census.--
``(1) Appointment.--
``(A) In general.--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) Qualifications.--Such appointment shall be made from
individuals who have a demonstrated ability in [management
]managing large organizations and experience in the
collection, analysis, and use of statistical data.
``(2) General authority and duties.--
``(A) In general.--The Director shall report directly to
the Secretary without being required to report through any
other official of the Department of Commerce.
``(B) Duties.--The Director shall perform such duties as
may be imposed upon the Director by law, regulations, or
orders of the Secretary.
``(C) Independence of director.--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) Term of office.--
``(A) In general.--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) Vacancies.--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) Removal.--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 [30 days] 60 days
before the removal.
``(4) Functions.--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) Organization.--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) 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.
``(7) Regulations.--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) 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 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) Budget requests.--At the time the Director submits a
budget request to the Secretary for inclusion in the
President's budget request for a fiscal year submitted under
section 1105 of title 31, and prior to the submission of the
Department of Commerce budget to the Office of Management and
Budget, the Director shall provide that budget information to
the Committee on Oversight and Government Reform of the House
of Representatives and the Committee on Governmental Affairs
of the Senate, as well as the Committees on Appropriations of
the House of Representatives and the Senate. All other budget
requests from the Bureau to the Secretary shall be made
available to the Committees on Appropriations of the House of
Representatives and the Senate.
``(10) Other authorities.--
``(A) Personnel.--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) Voluntary services.--Notwithstanding section 1342 of
title 31, or any other provision of law, the Director may
accept and use voluntary and uncompensated services.
``(c) Deputy Director.--
``(1) In general.--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) Functions.--The Deputy Director shall perform such
functions as the Director shall designate.
``(3) Temporary authority to perform functions of
director.--The 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) Transition Rules.--
(1) Appointment of initial director.--The 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 enactment.--If, 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) Clerical Amendment.--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 Amendments.--Not 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.
SEC. 3. INTERNET RESPONSE OPTION.
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.
SEC. 4. ANNUAL REPORTS.
(a) In General.--Subchapter I of chapter 1 of title 13,
United States Code, is amended by adding at the end the
following new section:
``Sec. 17. Annual reports
``(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) Clerical Amendment.--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) Effective Date.--The amendments made by this section
shall apply to budget requests for fiscal years beginning
after September 30, 2010.
[[Page S8653]]
Mr. REID. Mr. President, I ask unanimous consent that the committee-
reported amendments be considered; the Carper amendment which is at the
desk be agreed to; the committee-reported amendments be agreed to; and
the bill, as amended, be read a third time and passed; the motions to
reconsider be laid upon the table, with no intervening action or
debate, and any statements relating to this matter be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4745) was agreed to, as follows:
(Purpose: To provide for the establishment of a technology advisory
committee and to strike the requirement that the Director of the Census
submit a budget request each year to the Secretary of Commerce for
inclusion in the President's budget request for that year)
Beginning on page 5, strike line 7 and all that follows
through page 6, line 23, and insert the following:
``(6) Advisory committees.--
``(A) Advisory committees generally.--
``(i) Authority to establish.--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 expenses.--Members 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) In general.--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) Membership.--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) Duties.--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) Regulations.--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) 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 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.
The committee amendments were agreed to.
The bill (S. 3167), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 3167
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 Oversight Efficiency
and Management Reform Act of 2010''.
SEC. 2. AUTHORITY AND DUTIES OF DIRECTOR AND DEPUTY DIRECTOR
OF THE CENSUS.
(a) In General.--Section 21 of the title 13, United States
Code, is amended to read as follows:
``Sec. 21. Director of the Census; Deputy Director of the
Census; authority and duties
``(a) Definitions.--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) Director of the Census.--
``(1) Appointment.--
``(A) In general.--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) Qualifications.--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) In general.--The Director shall report directly to
the Secretary without being required to report through any
other official of the Department of Commerce.
``(B) Duties.--The Director shall perform such duties as
may be imposed upon the Director by law, regulation, or
orders of the Secretary.
``(C) Independence of director.--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) Term of office.--
``(A) In general.--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) Vacancies.--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) Removal.--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) Functions.--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) Organization.--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) Advisory committees.--
``(A) Advisory committees generally.--
``(i) Authority to establish.--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 expenses.--Members 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) In general.--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) Membership.--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) Duties.--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) Regulations.--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) 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 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) Other authorities.--
``(A) Personnel.--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) Voluntary services.--Notwithstanding section 1342 of
title 31, or any other provision of law, the Director may
accept and use voluntary and uncompensated services.
``(c) Deputy Director.--
``(1) In general.--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) Functions.--The Deputy Director shall perform such
functions as the Director shall designate.
[[Page S8654]]
``(3) Temporary authority to perform functions of
director.--The 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) Transition Rules.--
(1) Appointment of initial director.--The 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 enactment.--If, 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) Clerical Amendment.--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 Amendments.--Not 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.
SEC. 3. INTERNET RESPONSE OPTION.
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.
SEC. 4. ANNUAL REPORTS.
(a) In General.--Subchapter I of chapter 1 of title 13,
United States Code, is amended by adding at the end the
following new section:
``Sec. 17. Annual reports
``(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) Clerical Amendment.--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) Effective Date.--The amendments made by this section
shall apply to budget requests for fiscal years beginning
after September 30, 2010.
____________________