[Congressional Record Volume 168, Number 148 (Wednesday, September 14, 2022)]
[House]
[Pages H7833-H7840]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     A FAIR AND ACCURATE CENSUS ACT


                             General Leave

  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I ask unanimous 
consent that all Members may have 5 legislative days in which to revise 
and extend their remarks and include extraneous material on H.R. 8326.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  The SPEAKER pro tempore. Pursuant to House Resolution 1339 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the state of the Union for the consideration of the bill, H.R. 8326.
  The Chair appoints the gentleman from Oregon (Mr. Blumenauer) to 
preside over the Committee of the Whole.

                              {time}  1642


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 8326) to amend title 13, United States Code, to improve the 
operations of the Bureau of the Census, and for other purposes, with 
Mr. Blumenauer in the chair.
  The Clerk read the title of the bill.
  The CHAIR. Pursuant to the rule, the bill is considered read the 
first time.
  General debate shall be confined to the bill and shall not exceed 1 
hour equally divided and controlled by the chair and ranking minority 
member of the Committee on Oversight and Reform or their respective 
designees.
  The gentlewoman from New York (Mrs. Carolyn B. Maloney) and the 
gentleman from Kentucky (Mr. Comer) will each control 30 minutes.
  The Chair recognizes the gentlewoman from New York.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Chair, I yield myself such 
time as I may consume.
  Mr. Chair, I rise in strong support of H.R. 8326, the Ensuring a Fair 
and Accurate Census Act.
  The decennial Census is a critical part of our democratic system. In 
fact, it is required by the Constitution. The results of the Census 
determine the distribution of over $1.5 trillion in Federal funds, 
apportionment of the House of Representatives and State legislative 
districts, and public and private sector investments.

                              {time}  1645

  It is critical that the Census count is complete, fair, and accurate. 
The Ensuring a Fair and Accurate Census Act will help make sure that it 
is.
  This bill is informed by the Oversight Committee's multi-year 
investigation into political interference by the previous 
administration during the 2020 Census, including the effort to add a 
citizenship question despite strong opposition from expert 
statisticians and demographers at the Census Bureau.
  In fact, the Census Bureau's top data scientist warned that the 
citizenship question ``harms the quality of the Census count.''
  The Supreme Court ruled in favor with the Democrats and ultimately 
stepped in to block the citizenship question, ruling that the rationale 
for adding it to the Census ``seems to have been contrived.''
  The previous administration took other steps that risked undermining 
the independent, nonpartisan nature of the Census. They appointed an 
unprecedented eight political appointees where there were previously 
only three, and they tried to rush the processing of the Census data, 
despite repeated warnings from career staff that this would compromise 
the integrity of the Census count.
  Partisan manipulation of the Census is simply wrong. My bill would 
protect the Census and ensure this cannot happen again, regardless of 
which party is in power.
  We are considering this legislation at a critical time. While the 
2030 Census is years away, the design and planning began at the Bureau 
even before the 2020 numbers were released.
  As our Nation's largest peacetime mobilization, the Census requires 
detailed and thorough planning. However, even the best plans face 
challenges in the field, and the 2020 Census faced unprecedented 
obstacles.
  In the runup to the 2020 Census, the Bureau was consistently denied 
the appropriations--the funding that it needed--to execute its 
operational plans. Among other impacts, this uncertainty forced 
cutbacks in outreach to communities that are considered hard to reach.
  The coronavirus pandemic forced the Census Bureau to suspend field 
operations at the most critical time; and most damaging, the previous 
administration demanded a last-minute, untested question on 
citizenship, and installed a record number of political appointees with 
unclear duties to get that done.
  This legislation would vest key decision-making authority over the 
Census in the appropriate Senate-confirmed official, the Census 
Director. It would limit the number of political appointees within the 
Bureau to no more than four, which is consistent with historical 
precedent.
  This bill would also require that new Census questions be thoroughly 
researched and analyzed, certified by the Secretary of Commerce, 
evaluated by the GAO, and shared with Congress before being added to 
the Census questionnaire.
  This bill will also increase transparency and support long-term 
planning by requiring the Bureau to submit its projected 5-year budget 
estimates to both the President and Congress.
  Finally, the bill codifies existing advisory committees charged with 
engaging with hard-to-count communities and advancing best practices in 
the field of data science. It also establishes an advisory committee 
aimed directly at ensuring the 2030 Census is successful.
  I am proud that my bill has the support of four former directors of 
the Census Bureau, who served under administrations led by both 
Democrats and Republicans. These former directors have 15 years of 
experience serving

[[Page H7834]]

as Census Directors supporting five decennial Censuses.
  In a statement, they commended the bill's objective and said that it 
``protects the independence and integrity of the scientific mission of 
the Census Bureau.'' These former directors concluded, ``trust in our 
Nation's official data is essential to the democracy and the economy, 
and this legislation will undergird'' and build that trust.
  Mr. Chair, I include their statements in the Record as well as an 
editorial from ``The Washington Post'' titled: ``The Trump 
Administration's Assault on the Census Must Not Happen Again,'' along 
with two additional editorials, and a letter from Population 
Association of America and Association of Population Centers.
  Mr. Chair, this editorial concluded, ``The Trump administration's 
assault on the integrity of the Census should be an urgent warning. Too 
much rests on the decennial count to allow it to be exploited for 
partisan gain.''

     Statement by Form U.S. Census Bureau Directors--July 12, 2022


In Support of House Legislation ``Ensuring a Fair and & Accurate Census 
                                 Act''

       We applaud the legislation introduced this week by the 
     Chair of the House Committee on Oversight and Reform, Rep. 
     Carolyn B. Maloney (D-NY) that we believe will help preserve 
     and protect the independence and integrity of the scientific 
     mission at the U.S. Census Bureau.
       Having helped to plan, execute or lead five decennial 
     censuses serving nine Presidents of both parties, and having 
     closely observed the 2020 Decennial process, we strongly feel 
     the reforms in the ``Ensuring a Fair and & Accurate Census 
     Act'' would help build greater trust and confidence in the 
     essential data the Census Bureau supplies to the nation. 
     Collectively, the provisions of this bill strengthen the 
     professional roles of career scientists, provide greater 
     transparency into methods and processes across the 130 Census 
     surveys and censuses, and enhance Congressional oversight 
     over Bureau functions.
       Trust in the nation's official data is essential to the 
     democracy and the economy, and this legislation will 
     undergird that trust.
     Vincent Barabba,
       (1973-76 & 1979-81).
     Robert Groves,
       (2009-2012).
     Kenneth Prewitt,
       (1998-2001).
     John Thompson,
       (2013-2017).
                                  ____


       [From the Washington Post Editorial Board, July 26, 2022]

  Opinion: The Trump Administration's Assault on the Census Must Not 
                              Happen Again

       The Trump administration engaged in a years-long, multi-
     pronged effort to sabotage the U.S. census, largely centered 
     on adding a question on citizenship to the 2020 count. A new 
     report, released last week by the House Committee on 
     Oversight and Reform, paints a grim picture of what was 
     happening behind the scenes.
       A draft of an August 2017 memo, prepared by a political 
     appointee in the Commerce Department, examined the idea of 
     using citizenship data for apportioning seats in the House of 
     Representatives, concluding it would likely be 
     unconstitutional. Later versions omitted that language and 
     came down in favor of including the question.
       The newly released documents undercut the Trump 
     administration's repeated claims that the citizenship 
     question had nothing to do with apportionment. The 
     Constitution plainly states: ``Representatives shall be 
     apportioned among the several States according to their 
     respective numbers, counting the whole number of persons in 
     each State.''
       At the time, then-Commerce Secretary Wilbur Ross and other 
     officials offered various unconvincing justifications for 
     adding the question, most frequently that it would help 
     enforce the Voting Rights Act. The Supreme Court blocked the 
     move, with Chief Justice John G. Roberts Jr. calling the 
     rationale ``contrived.'' The House report reinforces that 
     conclusion.
       The census is a crucial tool, used not only for 
     apportionment and redistricting, but also for allocating 
     approximately $1.5 trillion in annual federal aid to states 
     and localities. Experts warned that a citizenship question 
     would frighten immigrants and lead to the undercounting of 
     minority communities.
       Though the question was ultimately not included, the 
     lengthy and public battle over it appears to have been 
     enough: The Census Bureau reported that Black, Hispanic and 
     Native Americans were undercounted at higher levels in 2020 
     compared with 2010--Hispanics by a statistically significant 
     amount--while White and Asian Americans were overcounted. 
     Never mind that this might have backfired on Republicans, 
     with the bureau reporting it significantly undercounted 
     populations in Florida and Texas--red states with large 
     minority communities--and overcounted populations in blue 
     states such as Rhode Island and Minnesota. The accuracy of 
     the census depends in no small part on its credibility, which 
     has been severely damaged.
       The next census is in 2030, but--given the scale of the 
     undertaking and importance of the results--Congress should 
     work quickly to insulate it from political interference. A 
     bill recently introduced by Rep. Carolyn B. Maloney (D-N.Y.), 
     chairwoman of the House Oversight Committee, would do just 
     that. The Ensuring a Fair and Accurate Census Act would 
     restrict the number of political appointees at the Census 
     Bureau, bar the removal of a bureau director without just 
     cause and require new questions to be submitted to Congress 
     ahead of time. It would also mandate new questions be 
     ``researched, tested and certified'' by the commerce 
     secretary and ``evaluated by the Government Accountability 
     Office.''
       Though it was not able to implement its most drastic plans, 
     the Trump administration's assault on the integrity of the 
     census should be an urgent warning. Too much rests on the 
     decennial count to allow it to be exploited for partisan 
     gain.
                                  ____


               [From the Washington Post, Sept. 13, 2020]

            Opinion: The Census Is on the Verge of Disaster

                        (By the Editorial Board)

       Here is one of the least surprising revelations ever leaked 
     from the federal government: According to an internal Census 
     Bureau document, major, uncorrectable errors may result from 
     forcing the bureau's enumerators and number-crunchers to rush 
     through the decennial count. House Oversight and Reform 
     Committee Chair Carolyn B. Maloney (D-NY) revealed the 
     document this month, claiming it was a presentation for 
     Commerce Secretary Wilbur Ross, who oversees the bureau. It 
     shows that the decision of Senate Republicans and the Trump 
     administration to give the bureau no more time to finish a 
     count that started late and has encountered pandemic-related 
     problems threatens to corrupt for a decade the process of 
     distributing congressional seats and doling out some $1.5 
     trillion in annual federal aid.
       ``A compressed review period creates risk for serious 
     errors not being discovered in the data--thereby 
     significantly decreasing data quality,'' the document warns.
       To be clear, this would not be the fault of the bureau's 
     professionals, whom Republicans have put in an impossible 
     position. They are facing a statutory deadline requiring that 
     they deliver their count by Dec. 31. The bureau had 
     previously asked for more time. House Democrats authorized a 
     deadline extension. Senate Republicans failed to do so, and 
     the Trump administration ordered last month that door-
     knocking conclude by Sept. 30, weeks earlier than the experts 
     had hoped.
       The newly revealed document shows that, at the time the 
     short timetable was announced, the bureau knew that 
     ``abbreviated processes or eliminated activities . . . will 
     reduce accuracy.'' Not only would door-knocking end weeks 
     sooner, but also the number-crunching needed after the door-
     knockers finished their work would be compressed into 92 
     days. Since 1990, the number-crunching has consumed between 
     140 and 185 days, according to Ms. Maloney. ``Serious errors 
     discovered in the data may not be fixed--due to lack of time 
     to research and understand the root cause or to re-run and 
     re-review one or multiple state files,'' the document warns. 
     ``A compressed review period creates risk for errors being 
     present in the data.''
       The only perspective from which this is not a potential 
     disaster is that of Republicans seeking maximum partisan 
     advantage. The Trump administration already tried once to 
     skew the count by adding a citizenship question to the census 
     form, which would have deterred immigrants, even legal ones, 
     from responding. The Supreme Court halted that move. Yet 
     rushing the census might help Republicans because poor and 
     minority communities tend to be the ones undercounted, which 
     would make many Democratic-leaning states appear to be less 
     populous than they are--and therefore due less money and 
     political representation.
       The Senate should have passed a covid-19 relief bill months 
     ago, with a census deadline extension in it. With the bureau 
     up against a wall, senators should not wait to agree on the 
     rest of a relief package to give the counters more time. The 
     census needs clarity, now.
                                  ____


         Committee on Oversight and Reform, House of 
           Representatives,
                                                   Washington, DC.
       Dear Colleague: I urge you to support H.R. 8326, the 
     Ensuring a Fair and Accurate Census Act. The editorial board 
     piece below appeared in the N.Y. Daily News today. The bill 
     works to improve the operations at the Census Bureau and 
     guards against political meddling.
       The bill has the support of four former, bipartisan, 
     Directors of the Census Bureau as well as the Population 
     Association of America and the Association of Population 
     Centers.

               [From New York Daily News, Sept. 14, 2022]

 Keeping the Census Honest: Rep. Carolyn Maloney has the Right Bill to 
                    Stop Politicization of the Count

                    (By Daily News Editorial Board)

       Donald Trump and his secretary of commerce, Wilbur Ross, 
     tried to inject politics into the U.S. Census Bureau for the 
     2020 decennial count of every person in America. They did it 
     by seeking to add a citizenship question to the 2020 census. 
     But New York

[[Page H7835]]

     led 18 states in suing and won before the U.S. Supreme Court 
     in 2019, which blocked the Trump/Ross citizenship question.
       That we know, but now Rep. Carolyn Maloney's Committee on 
     Oversight and Reform has found even more evidence and proof 
     that it was all a political ploy, not rooted in any 
     legitimate demographic reasoning. To prevent future such 
     manipulation, Maloney has a bill on the House floor today to 
     protect the integrity of the Census Bureau. We hope that the 
     measure passes with large majorities of both parties.
       After Chief Justice John Roberts and the high court stopped 
     the citizenship question, Trump and Ross tried again in the 
     summer of 2020, after the count was completed, with a 
     memorandum instructing the Census Bureau to exclude 
     undocumented immigrants from the apportionment process which 
     divides up the 435 House seats among the states based on 
     population gains and losses in the prior decade. Again, the 
     federal courts stepped in and the clearly unconstitutional 
     maneuver was abandoned.
       Still, the sustained efforts targeting immigrants 
     undoubtedly had the intended effect to dampen the 
     participation rate of non-citizens, documented or not, which 
     was Trump's goal from the beginning.
       Maloney's bill protects the director of the Bureau of the 
     Census from meddling by secretary of commerce, an appointee 
     and supporter of the president. Any new questions on the 
     census forms must be submitted in advance to Congress and 
     certified that they satisfy established statistical policies 
     and procedures (not just because a president wants it). The 
     Congress is also to receive a biannual report detailing 
     preparations for the next big count.
       We got lucky last time that the courts stopped Trump and 
     Ross from trying to warp the census numbers. Next time we 
     shouldn't have to take that risk. Pass the Maloney bill.
           Sincerely,
                                               Carolyn B. Maloney,
     Chairwoman.
                                  ____


                            Population Association of America,

                               Alexandria, VA, September 12, 2022.
     Hon. Carolyn Maloney,
     Rayburn House Office Building,
     Washington, DC.
       Dear Congresswoman Maloney: On behalf of the organizations 
     we lead, the Population Association of America and 
     Association of Population Centers, we are writing to express 
     support for your efforts to enact constructive reforms at the 
     U.S. Census Bureau. Your bill, H.R. 8326, Ensuring a Fair and 
     Accurate Census Act, contains several provisions that would 
     strengthen the Census Bureau as the nation's principal 
     statistical agency.
       We are pleased that the bill, for example, would empower 
     the Census Bureau to communicate its annual funding needs 
     more directly to the public and clarify the process by which 
     the agency adds and approves questions on the decennial 
     census. Further, we applaud provisions that reauthorize 
     existing advisory committees, such as the Census Scientific 
     Advisory Committee and the National Advisory Committee, both 
     of which have served as effective forums for data users and 
     experts, including population scientists, to engage with the 
     Census Bureau.
       H.R. 8326 is an important first step to ensure the Bureau 
     can sustain its critical mission and operations while 
     undergoing necessary adaptions in preparation for the 2030 
     Census. We congratulate you on your leadership and look 
     forward to working with you and your colleagues as it 
     proceeds through the legislative process.
           Sincerely,
                                                Dr. Sonalde Desai,
                     President, Population Association of America.
                                               Dr. Sara R. Curran,
                     President, Association of Population Centers.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Chair, this bill is sensible 
and is driven by facts uncovered in our investigation and input from 
both civil rights groups and professionals at the Census Bureau.
  We must have a full, fair, and accurate Census count so that every 
American can have faith that they and their communities are receiving 
the representation and the services that they deserve. To do that, we 
need a nonpartisan, expert-driven Census Bureau. This bill is a strong 
first step to meet that goal.
  Mr. Chair, I urge my colleagues on both sides of the aisle to support 
this bill, and I reserve the balance of my time.
  Mr. COMER. Mr. Chair, I yield myself such time as I may consume.
  Today, Americans continue to face several crises created by the Biden 
administration: Sky-high inflation, painfully high gas prices, and 
supply chain shortages.
  President Biden's border crisis is allowing waves of illegal 
immigrants and fentanyl shipments to flood across our southern border.
  Our children are suffering from historic learning losses and a mental 
health crisis because this administration allowed radical teachers 
unions to keep schools closed.
  Yet what are Democrats prioritizing today instead of these crises 
impacting Americans' everyday lives? The Democrats' Ensuring a Fair and 
Accurate Census Act.
  This bill has nothing to do with the American people's priorities. In 
fact, it will do nothing to make the Census more fair and accurate. 
Instead, it places a great deal of power in the hands of unelected 
bureaucrats and hamstrings future Presidents.
  During the prior Census, the President sought to include in the 
Census a question simply asking respondents whether they were American 
citizens. The Supreme Court found this was constitutional but that the 
Census Bureau had gone about it improperly.
  This bill would prevent the inclusion of such a question in the 
future, a question key to upholding the principle of one citizen, one 
vote.
  Now, under the Biden administration, there are questions about 
whether the Department of Commerce delivered accurate apportionment 
results derived from the Census. Those results were critical because 
they determined the apportionment of this body's 435 congressional 
districts among the several States. We still don't know for sure 
whether the apportionment results were fair and accurate.
  But this bill does nothing to fix that problem or any of the other 
real problems associated with the 2020 Census. Indeed, it will make it 
easier for future Census results to drive the apportionment of 
congressional districts unfairly to favor blue, Democrat-leaning States 
over red, Republican-leaning States.
  Why is that?
  Because the bill weakens the accountability of the Census Bureau to 
the President and the Secretary of Commerce, committing by statute all 
operational, statistical, and technical decisions about the Census to 
the Census Bureau's Director.
  The bill makes it harder to overrule the Director even when the 
President, the Secretary, or Congress are concerned, the Director's 
decisions will yield an unfair or inaccurate Census.
  Making matters worse, the bill allows only an unaccountable career 
employee to serve as acting director when no Senate-confirmed director 
is in place.
  Finally, the bill severely constrains the ability of future Censuses 
to include important new questions, such as the citizenship question, 
which a majority of Americans want asked on the Census.
  But it is precisely the counting of actual citizens that ensures 
Census results will produce congressional districts fairly, 
representing all citizens in Congress.
  During the Oversight and Reform Committee's consideration of this 
bill, Republicans offered amendments that would have cured these 
problems. These amendments would have made sure Census Bureau officials 
remained accountable to the voters through the President. They would 
have made sure a question on citizenship would have been included in 
future Censuses, guaranteeing a fair basis for the apportionment of 
congressional districts.
  But were Democrats concerned then about ensuring a fair and accurate 
Census by supporting these amendments? No. Democrats voted them down on 
a party-line vote.
  Mr. Chairman, the American people deserve better from this 
legislative body. I reserve the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Chair, I yield 2 minutes to 
the gentleman from Virginia (Mr. Connolly), the chairman of the 
Subcommittee on Government Operations for the Oversight Committee.
  Mr. CONNOLLY. Mr. Chair, I rise today in support of H.R. 8326, the 
Ensuring a Fair and Accurate Census Act.
  When Democrats took majority in the House in 2018, I was asked what 
our top oversight projects were going to be. When I said, among them, 
the Census, it elicited surprise and even some laughs.
  The Census is a huge dataset that underpins whether we fairly 
represent Americans and how we spend the entire Federal budget.
  The Trump administration and its partisan Census Bureau undermined 
this critical task in March of 2018 when it planned to add a 
citizenship question

[[Page H7836]]

to the Census that would have violated the Constitution and reduced 
response rates, and they knew it.
  I joined my colleague and friend, the late Chairman Elijah Cummings, 
in leading the fight against this question. I then partnered with 
Chairwoman Maloney to block the Trump administration from cutting off 
the Census deadline early and excluding undocumented immigrants from 
the Census count.
  Our committee's dogged oversight work prevented these illegal and 
immoral attempts to subvert our very democracy as enshrined in the 
Constitution. However, we need permanent reforms to ensure that no 
matter the President or political environment, the Census remains 
apolitical. That is why we must support this act.
  This bill requires the Secretary of Commerce to certify that any new 
questions on the decennial Census must meet best practices standards, 
and it caps the Census Bureau at three political appointees, 
eliminating a President's ability to flood the Bureau with his acolytes 
and loyalists.
  Congress must bolster the Census Bureau now, so we are prepared for a 
fair and accurate 2030 Census.
  Mr. Chair, I thank Chairwoman Maloney for her leadership and for 
sponsoring this bill.
  Mr. COMER. Mr. Chairman, I yield 3 minutes to the gentleman from 
Arizona (Mr. Biggs).
  Mr. BIGGS. Mr. Chair, I rise in opposition to this bill. The 
intention of this bill is clear: It is to prevent a future Republican 
President from adding a citizenship question to the United States 
Census.
  And yet the question of citizenship was first offered by President 
Thomas Jefferson in 1800; and from its introduction in the Census of 
1820 through 1950, that question was included on every Census.
  Now, when you think about the language of the Constitution itself, it 
gives Congress the authority to call a Census to enumerate the 
population. And for what was the purpose? The main purpose, of course, 
was for apportionment, for representation of the citizens of the United 
States.
  The reality, though, is it has become far more than that, and that 
seems to be permissible within certain limits of the Constitution 
itself.
  Since 1950, there have been additional Federal surveys that have 
included some form of the question of citizenship, not necessarily 
included in the Census itself.
  But in the recent case cited by Chairwoman Maloney just moments ago, 
where she said that they threw it out and said you can't ask that 
question, it was not because of the question. In fact, the Supreme 
Court specifically said in Department of Commerce v. New York that 
Congress has the right to ask that question, and the Department of 
Commerce has the authority to include the question of citizenship. The 
decision states, ``The enumeration clause permits Congress, and by 
extension the Secretary, to inquire about citizenship on the 
questionnaire.''

                              {time}  1700

  That rationale does not work from the chairwoman. I realize a lot of 
my colleagues don't realize and understand and appreciate what is 
happening on our southern border. From October of last year through the 
end of July, Border Patrol has reported nearly 2 million encounters 
along our southern border, that does not include who entered and have 
gotten away.
  Nearly a quarter of the encounters feature a person who had at least 
one prior encounter in the past 12 months. We, as policymakers, if we 
are going to get policy and data, which was just alluded to by Mr. 
Connolly, we should have some of the most important data, and that is 
who is in this country illegally and who is a citizen and who is not.
  Whether someone is a citizen is an important datapoint that should be 
recorded on the Census and on other Federal surveys. It is well past 
time that Congress direct the Census Bureau to ask this question like 
it did for over 100 years.
  This bill is, instead, an attempt to cynically block the inclusion of 
the citizenship question on the Census and seeks to insulate career 
staff at the Census Bureau from any accountability. This is not--this 
is not a good bill.
  This bill does not help us get to where we need to get in terms of 
understanding what is going on in this country so we can make policy 
that is good.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Chairman, I yield myself 
such time as I may consume.
  Mr. Chairman, this bill does not address Congressional apportionment. 
It is about making the Census fair and accurate.
  Nevertheless, our Census count has never been limited based on 
citizenship and there is no doubt that doing so would violate the 
Constitution. The 14th Amendment says seats in Congress are based on 
the whole number of persons in each State. Persons, not citizens.
  Last Congress, I chaired a hearing with four former Census directors 
who served under both Democrats and Republicans. All four agreed that 
excluding undocumented immigrants from the apportionment count violated 
the Constitution. That is also the position taken by previous 
administrations, including under Republican Presidents.
  In fact, my committee recently uncovered a draft internal legal memo 
from the Trump administration about the citizenship question. That memo 
admitted that using citizenship data to exclude immigrants from the 
apportionment counts would violate, ``over 200 years of precedent.'' 
That damning language was removed from the final memo used to push the 
citizenship question.
  Mr. Chairman, I yield 2 minutes to the gentleman from Illinois (Mr. 
Danny K. Davis).
  Mr. DANNY K. DAVIS of Illinois. Mr. Chairman, I thank the chairwoman 
for her outstanding leadership of this committee. It has been a 
pleasure to serve with you and under you and know that your interests 
go far beyond anything that I have heard this evening.
  As a matter of fact, the Census is very important for far more 
reasons than just apportionment or just for looking at one issue or 
looking at immigration. I guess I have been involved in Census-taking 
for about 40 years, and every 10 years we go through this angst in my 
community, whether or not we are going to get a fair and accurate 
count, whether or not the people who are there are going to be counted 
so that resources which come as a result will flow back to the area.
  Well, that has not happened. And even after the expressions of the 
last round, it was determined that there were undercounts, that there 
were people missed. And so everything that we can do to try and make 
sure that the Census taken is fair, accurate, and comprehensive, we 
need to do that.
  Mr. COMER. Mr. Chairman, I reserve the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Chairman, I have no more 
speakers on the underlying bill, and I reserve the balance of my time.
  Mr. COMER. Mr. Chairman, I am prepared to close, and I yield myself 
such time as I may consume.
  Mr. Chairman, the U.S. House of Representatives should focus on 
helping the American people survive economic turmoil and defending our 
borders and national security.
  I urge House Democrats to get back to what the American people 
elected us to do: Conduct oversight over the Federal Government and the 
Biden administration, which is on a path to destroy America.
  We need to hold hearings, conduct oversight, and pass legislation 
addressing the crises affecting America today. That is our 
constitutional responsibility. But instead, we are spending valuable 
resources and time on divisive political messaging bills.
  I am just amazed that the Democrats advocate for legislation on the 
House floor pertaining to the Census, which would ask a question about 
your sexual preference, but they want to pass legislation to oppose 
asking the question whether you are a legal citizen or not. That is 
just another example of tone-deaf leadership. That is not what the 
American people want.
  Mr. Chairman, I oppose H.R. 8326, and I urge my colleagues to do the 
same.
  Mr. Chairman, I yield back the balance of my time.
  Mrs. CAROLYN B. MALONEY of New York. Mr. Chairman, I yield myself the 
balance of my time.
  I stress the urgency and importance of this legislation. The United 
States Census Bureau is a foundational institution and one that we must 
take all necessary steps to protect.

[[Page H7837]]

  The Census is for all people and should count every person. Efforts 
to politicize the Bureau have real consequences that can reduce 
response rates and thereby lessen the representation and resources 
available to communities.
  I thank my colleagues for speaking in support of this bill, the 
former directors and advocates that have lent their support, and I 
encourage us all to vote in favor of ensuring a fair and accurate 
Census count.
  No matter the party affiliation, every one of us has an interest in 
providing our best services to our constituents.
  Mr. Chairman, I urge my colleagues to join me in support of H.R. 8326 
and the underlying amendments, and I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Chair, I rise in strong support of H.R. 8326, 
the Ensuring a Fair and Accurate Census Act, and thank you for bringing 
this vital legislation to the floor today.
  I applaud the Committee on Oversight and Reform for this necessary 
and thoughtful bill. By establishing structural and functional 
standards, H.R. 8326 would insulate the Census Bureau from the type of 
tactics and abuse it encountered in the few years preceding the 2020 
decennial census count.
  Among its key provisions are the statutory codification of the 
Director's and Deputy Director's roles. Doing so would improve the 
Census Bureau's operational effectiveness, accountability, and 
transparency.
  Specifying their duties also provides the opportunity to establish 
responsibilities that will enhance the work product of the Census by 
improving the fair and accurate counting of all Americans.
  In that context, I offered an amendment to H.R. 8326, and I would 
like to thank the Rules Committee for making my amendment in order, and 
the Committee on Oversight and Reform for including it in the En Bloc 
amendment.
  By reforming the operations of the Census Bureau, this bill enables 
us to ensure that racial and ethnic equity in the decennial count will 
be a priority in future decennial counts.
  My amendment would enhance the bill's operational impact.
  It would specify that the deputy director appoint an official with 
responsibility to optimize racial and ethnic equity in the Census 
count. To ensure that equity be a priority, this official would report 
directly to the director and deputy director.
  My amendment directs the equity official to engage and collaborate 
with organizations that have influence with racial and ethnic groups, 
develop strategies and tactics to maximize participation of these 
populations, and rectify the undercount that has been typical of recent 
Census counts, especially among immigrants and homeless people.
  The status of the efforts to optimize racial and ethnic equity will 
also be included in the Census Bureau's biannual reports to Congress, 
to ensure accountability and bolster the likelihood of progress.
  Optimization of racial and ethnic equity in the Census count requires 
designation of a high-ranking official with direct responsibility for 
achieving this goal and reports directly to the Census leadership.
  My amendment establishes that function, makes racial and ethnic 
equity in the decennial count a priority, specifies key strategies that 
must be undertaken, and ensures that Congress receives regular reports 
about the progress toward the goal.
  H.R. 8326 is an excellent bill with vital reforms that are aptly 
augmented by my amendment's use of this opportunity to, at the same 
time, advance equity in the Census count.
  In light of the decennial count's extremely consequential impact in 
terms of funding allocation formulas, political district apportionment, 
and other uses, it is imperative that the Census Bureau elevate racial 
and ethnic equity to a top priority in its counting strategies and 
procedures.
  My amendment would create a framework for achieving this objective.
  The Acting CHAIR (Mr. Carter of Louisiana). All time for general 
debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule.
  In lieu of the amendment in the nature of a substitute recommended by 
the Committee on Oversight and Reform, printed in the bill, an 
amendment in the nature of a substitute consisting of the text of Rules 
Committee print 117-464, modified by the amendment printed in part D of 
House Report 117-464, shall be considered as adopted.
  The bill, as amended, shall be considered as an original bill for 
purpose of further amendment under the 5-minute rule and shall be 
considered as read.
  The text of the amendment in the nature of a substitute is as 
follows:

                               H.R. 8326

       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 ``Ensuring a Fair and Accurate 
     Census Act''.

     SEC. 2. MODIFICATION OF CERTAIN BUREAU OF THE CENSUS 
                   AUTHORITIES.

       (a) Budget Requests.--
       (1) In general.--Subchapter I of chapter 1 of title 13, 
     United States Code, is amended by inserting after section 13 
     the following:

     ``Sec. 14. Budget requests

       ``(a) With respect to the budget request of the Bureau for 
     fiscal year 2027 and each fiscal year thereafter submitted to 
     the President for inclusion in the annual budget submission 
     under section 1105(a) of title 31, the Director shall include 
     in such request to the Secretary the estimated costs of 
     carrying out the duties of the Bureau during the five-year 
     period beginning on the fiscal year covered by such request.
       ``(b) On the date that the estimate of costs is submitted 
     to the Secretary under subsection (a), the Director shall 
     submit such estimate to the Committee on Oversight and Reform 
     of the House of Representatives, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committees on the Budget of the House of Representatives and 
     the Senate, and the Committees on Appropriations of the House 
     of Representatives and the Senate.''.
       (2) Clerical amendment.--The table of sections for such 
     subchapter is amended by inserting after the item relating to 
     section 13 the following new item:

``14. Budget requests.''.
       (b) Duties.--Section 21(c) of the title 13, United States 
     Code, is amended to read as follows:
       ``(c) Duties.--
       ``(1) In general.--The Director shall perform such duties 
     as may be imposed upon the Director by law, regulations, or 
     orders of the Secretary. The Director shall report directly 
     to the Deputy Secretary of Commerce.
       ``(2) Decennial census.--Any operational, statistical, or 
     technical decision for any decennial census of population may 
     be made only by the Director.''.
       (c) Advisory Committees; Deputy Director.--
       (1) In general.--Section 21 of title 13, United States 
     Code, as amended by subsection (b), is further amended--
       (A) in the section heading, by striking ``duties'' and 
     inserting ``Deputy Director; advisory committees''; and
       (B) by adding at the end the following:
       ``(d) Deputy Director.--
       ``(1) In general.--There shall be in the Bureau a single 
     Deputy Director of the Bureau, to be appointed by the 
     Director. The position of Deputy Director shall be a career 
     reserved position (as that term is defined in section 
     3132(a)(8) of title 5). The Deputy Director shall be selected 
     from among any career appointee (as that term is defined in 
     section 3132(a)(4) of such title) at any agency. The 
     individual appointed to the position of Deputy Director 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) 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.
       ``(3) Vacancy.--In the event of a vacancy in the office of 
     Director, or when the Director is absent or unable to serve, 
     the Deputy Director shall act as Director until a Director is 
     appointed. If no individual is serving as Deputy Director, 
     the highest level career employee of the Bureau shall act as 
     Director until a Deputy Director or Director is appointed. 
     This paragraph shall serve as the exclusive means of 
     designating an acting Director.
       ``(e) Advisory Committees.--
       ``(1) General authority.--In accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.), and subject to 
     paragraph (2), the Director may establish advisory committees 
     to provide advice with respect to the mission of the Bureau. 
     Members of any such committee, including a committee 
     established under paragraph (2), 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.
       ``(2) Specific advisory committees.--
       ``(A) Bureau of the census advisory committee on 
     statistical quality standards.--The Director shall appoint a 
     committee, to be known as the `Advisory Committee on 
     Statistical Quality Standards', composed of five members to 
     review and provide recommendations on the statistical quality 
     standards of the Bureau that guide the production and release 
     of all Bureau decennial census products.
       ``(B) National advisory committee and scientific advisory 
     committee.--There are hereby established the Bureau of the 
     Census Scientific Advisory Committee and the Census Bureau 
     National Advisory Committee on Racial, Ethnic, and Other 
     Populations, as described in the charters for each such 
     committee published on March 15, 2022, and March 23, 2022, 
     respectively, or any subsequent charters. Such advisory 
     committees shall operate under the terms and conditions set 
     forth in the applicable charter.

[[Page H7838]]

       ``(C) 2030 census advisory committee.--The Director shall 
     appoint an advisory committee, substantially similar to the 
     2010 Census Advisory Committee, consisting of up to 20 member 
     organizations to address policy, research, and technical 
     issues related to the design and implementation of the 2030 
     decennial census and the American Community Survey.''.
       (2) Clerical amendment.--The table of sections for 
     subchapter II of chapter 1 of such title is amended by 
     striking the item relating to section 21 and inserting the 
     following:

``21. Director of the Census; Deputy Director; advisory committees.''.
       (d) Position Requirements.--Section 22 of title 13, United 
     States Code, is amended--
       (1) by striking ``All permanent'' and inserting ``(a) In 
     General.--All permanent''; and
       (2) by adding at the end the following:
       ``(b) Positions.--Each position within the Bureau shall be 
     a career position within the civil service, except for the 
     position of the Director and not more than three other 
     positions.''.

     SEC. 3. LIMITATIONS AND REQUIREMENTS FOR THE DECENNIAL 
                   CENSUS.

       Section 141 of title 13, United States Code, is amended--
       (1) by redesignating subsection (g) as subsection (i); and
       (2) by inserting after subsection (f) the following:
       ``(g) Limitations and Requirements.--
       ``(1) Notice to congress of subjects, types of information, 
     and questions.--In the 2030 decennial census of population 
     and each decennial census thereafter, the Secretary may not 
     include any subject, type of information, or question that 
     was not submitted to Congress in accordance with subsection 
     (f).
       ``(2) Biannual reports.--
       ``(A) Submission to congress.--Not later than April 1 of 
     the calendar year beginning after the date of enactment of 
     the Ensuring a Fair and Accurate Census Act and biannually 
     thereafter, the Secretary shall submit to Congress a report 
     that--
       ``(i) describes each component of the operational plan for 
     the subsequent decennial census of population; and
       ``(ii) includes a detailed statement on the status of all 
     research, testing, and operations that are part of the 
     Bureau's comprehensive plan for the decennial census.
       ``(B) Internet publication.--On the date on which the 
     Secretary submits a report under subparagraph (A), the 
     Secretary shall publish the report on the public internet 
     website of the Bureau.
       ``(3) Secretary certification.--
       ``(A) In general.--The Secretary, upon the date of 
     submission of the report required by subsection (f)(2), shall 
     submit, to the committees of Congress having legislative 
     jurisdiction over the census, a certification stating that 
     any question that has not appeared on the previous two 
     decennial censuses has been researched, studied, and tested 
     according to established statistical policies and procedures.
       ``(B) GAO review.--Not later than 6 months after the 
     Secretary submits a certification under paragraph (2), the 
     Comptroller General of the United States shall review such 
     certification and submit a report to Congress on whether the 
     questions to be included in the census have been researched, 
     studied, and tested according to established statistical 
     policies and procedures.''; and
       (3) in subsection (i), as so redesignated, by inserting 
     ``Definition.--'' before ``As used in''.

     SEC. 4. DECENNIAL CENSUS LIFECYCLE COST ESTIMATES.

       Section 141 of title 13, United States Code, as amended by 
     section 3, is further amended by inserting after subsection 
     (g) the following:
       ``(h) Lifecycle Costs.--
       ``(1) Estimate.--Not later than January 1, 2026, and every 
     ten years thereafter, the Director shall transmit to the 
     chairs of the committees described in paragraph (3) a 
     lifecycle cost estimate for the decennial census of 
     population first occurring after the date of such 
     transmittal. Such estimate shall include the following with 
     respect to such lifecycle:
       ``(A) An estimate of costs by each fiscal year.
       ``(B) Estimates of capital versus operating expenses.
       ``(C) Staffing projections for each year.
       ``(D) Assumptions about response rates, wages, and other 
     economic variables.
       ``(2) Update.--On the date the President submits the annual 
     budget under section 1105(a) of title 31 during any calendar 
     year a decennial of census of population is taken under this 
     section, and on the date such annual budget is submitted 
     during the immediately preceding four calendar years, the 
     Director shall transmit a report describing any changes to 
     the applicable lifecycle estimate transmitted under paragraph 
     (1). Such report shall include the following:
       ``(A) The basis for any such changes.
       ``(B) Projected impacts on response rates, staffing 
     requirements, or costs throughout the lifecycle.
       ``(C) An explanation of any differences in budgetary 
     resources between the amount requested in the President's 
     annual budget request and the lifecycle cost estimate, as 
     updated by this paragraph.
       ``(3) Committees.--The committees described in this 
     paragraph are the Committee on Oversight and Reform of the 
     House of Representatives, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, and the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.''.

  The Acting CHAIR. No further amendment to the bill, as amended, shall 
be in order except those printed in part E of House Report 117-464 and 
amendments en bloc described in section 8 of House Resolution 1339.
  Each such further amendment may be offered only in the order printed 
in the report, by a Member designated in the report, shall be 
considered as read, shall be debatable for the time specified in the 
report equally divided and controlled by the proponent and an opponent, 
shall not be subject to amendment, and shall not be subject to a demand 
for division of the question.
  It shall be in order at any time for the chair of the Committee on 
Oversight and Reform or her designee to offer amendments en bloc 
consisting of amendments printed in part E of the report not earlier 
disposed of. Amendments en bloc shall be considered as read, shall be 
debatable for 20 minutes equally divided and controlled by the chair 
and ranking minority member of the committee or their designees, shall 
not be subject to amendment, and shall not be subject to a demand for 
division of the question.


        Amendments En Bloc Offered by Danny K. Davis of Illinois

  Mr. DANNY K. DAVIS of Illinois. Mr. Chair, as the designee of the 
gentlewoman from New York (Mrs. Carolyn B. Maloney), I rise to offer 
amendments en bloc.
  The Acting CHAIR. The Clerk will designate the amendments en bloc.
  Amendments en bloc consisting of amendment Nos. 1 and 3 printed in 
part E of House Report 117-464, offered by Danny K. Davis of Illinois:


          amendment No. 1 Offered by Ms. Jackson Lee of Texas

       Page 4, after line 16, insert the following:
       ``(4) Census equity official.--The Deputy Director shall 
     appoint an employee within the Bureau, who shall report 
     directly to the Deputy Director, and who shall be responsible 
     for optimizing racial and ethnic equity in the decennial 
     census of population, including by--
       ``(A) enhancing outreach to, and collaborating with, 
     organizations and stakeholders that have demonstrated their 
     influence with racial and ethnic communities that 
     historically have had census participation rates that are 
     lower than those of the overall population;
       ``(B) maximizing participation among racial and ethnic 
     demographic cohorts that have historically had census 
     participation rates that are lower than those of the overall 
     population;
       ``(C) rectifying the undercount of cohorts of the 
     population that have been undercounted in recent decennial 
     census counts; and
       ``(D) any other strategies, initiatives, activities, or 
     operations that would optimize such equity.''.
       Page 8, line 4, after ``census'' insert the following: ``, 
     and including a detailed statement on the status of any 
     initiatives, developments, and operations within the purview 
     of the official appointed by the Deputy Director under 
     section 21(d)(4)''.
                                  ____



             Amendment No. 3 Offered by Mr. Case of Hawaii

       Add at the end the following:

     SEC. 5. REPORT ON LOCAL-LEVEL DATA AND LOCAL FIELD 
                   OPERATIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Director of the Bureau of the Census shall 
     submit to Congress a report that--
       (1) reviews the Bureau's current processes for consulting 
     and engaging with jurisdictions and local partners in 
     conducting the decennial census, including as it relates to 
     preventing and addressing inaccuracies;
       (2) provides an update on the Bureau's progress in 
     implementing several of the Government Accountability 
     Office's recommendations as it relates to the collection and 
     utilization of local-level data and coordination of local 
     field operations; and
       (3) outlines additional resources needed to support and 
     improve the Bureau's capacity to conduct an accurate count of 
     the Nation's population.

  The Acting CHAIR. Pursuant to House Resolution 1339, the gentleman 
from Illinois (Mr. Danny K. Davis) and the gentleman from Kentucky (Mr. 
Comer) each will control 10 minutes.
  The Chair recognizes the gentleman from Illinois.
  Mr. DANNY K. DAVIS of Illinois. Mr. Chairman, I strongly support 
these

[[Page H7839]]

amendments. Black, Latino, and indigenous communities all were 
significantly undercounted in the 2020 Census.
  One of the key provisions of this bill is to codify the Bureau's 
National Advisory Committee on Racial, Ethnic, and Other Populations in 
order to help reduce these undercounts.
  Ms. Jackson Lee's amendment will enhance this objective by ensuring 
there is a senior employee within the Census Bureau who is dedicated to 
enhancing racial and ethnic equity in the decennial Census.
  The Constitution requires an enumeration that is fair and complete, 
one in which all people are counted so that all communities obtain the 
representation and services that they deserve. This amendment will help 
achieve that.
  I also support the amendment offered by Representative Case, which 
requires the Census Bureau to submit a report to Congress on the 
agency's process for consulting and engaging with jurisdictions and 
local partners in conducting the decennial Census.
  We know that certain communities are traditionally harder to count, 
including groups that are mistrustful of the government, students and 
transient populations, minority communities, migrant communities, and 
communities with unique geographic challenges.
  Engaging with local stakeholders is essential to reaching these 
communities and ensuring that the Census counts everyone in the United 
States, regardless of where they live. This amendment will increase 
transparency around the Bureau's process for engaging with 
jurisdictions and local partners and ensure that Congress and the 
American people can support the Census Bureau in this crucial effort.
  Mr. Chairman, I reserve the balance of my time.
  Mr. COMER. Mr. Chair, I rise to oppose the amendments en bloc.
  The Acting CHAIR. The gentleman from Kentucky is recognized for 5 
minutes.
  Mr. COMER. Mr. Chair, I rise in opposition to the en bloc package of 
amendments offered by Chairwoman Maloney.
  Specifically, I am opposed to the amendments offered by 
Representative Jackson Lee and Representative Case and will address 
them each.
  First, Ms. Jackson Lee's amendment requires the Deputy Director of 
the Census to appoint a new employee within the Census Bureau whose 
sole responsibility is to, ``optimize racial and ethnic equity in the 
decennial Census population.''
  The core mission of the Census Bureau, as it already stands, is to 
conduct an accurate count of all people residing in the United States 
on Census day when the decennial Census is being conducted.
  This is the mission for every employee who works on the Census. This 
new position is completely unnecessary and redundant of the Census 
Bureau's preexisting mission to count everyone in the United States 
regardless of their race or ethnicity.
  Because this amendment appears to be an attempt to inject identity 
politics into the Census Bureau's work, and because it would duplicate 
efforts already underway at the Census Bureau, I must oppose.

                              {time}  1715

  I turn to Representative Case's amendment, which requires the Census 
Bureau to create and submit yet another report to Congress, but it 
fails to require the Census Bureau to actually do anything substantive 
to improve.
  The Census Bureau already conducts extensive engagement campaigns 
with local jurisdictions to ensure an accurate count of all people 
during the decennial Census. This report would require the Census 
Bureau to outline additional processes for engaging with local 
jurisdictions.
  The amendment would also require that the Census Bureau report to 
Congress on progress in implementing open GAO recommendations, but it 
does not outline any deadlines for implementing those open 
recommendations.
  Finally, the amendment contains an open-ended invitation for the 
Census Bureau to ask for ``additional resources.'' This is Washington 
speak to throw even more taxpayer money at the Census Bureau in the 
near future.
  I fear this amendment will merely waste precious Census Bureau time 
and resources with an additional report with the sole purpose of 
justifying future taxpayer expenditures.
  Therefore, I must oppose both of these amendments.
  Mr. Chair, I reserve the balance of my time.
  Mr. DANNY K. DAVIS of Illinois. Mr. Chairman, I yield back the 
balance of my time.
  Mr. COMER. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendments en bloc offered 
by the gentleman from Illinois (Mr. Danny K. Davis).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. COMER. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendments en bloc offered by the gentleman from 
Illinois will be postponed.


             Amendment No. 2 Offered by Mr. Hice of Georgia

  The Acting CHAIR. It is now in order to consider amendment No. 2 
printed in part E of House Report 117-464.
  Mr. HICE of Georgia. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Strike section 2(b) (relating to for-cause removal and 
     duties) and redesignate subsequent subsections accordingly.
       Page 3, line 7, strike ``; Deputy Director''.
       Page 3, beginning on line 9, strike ``as amended by 
     subsection (b), is further amended--'' and insert ``is 
     amended by adding at the end the following:''.
       Page 3, strike line 11 and all that follows through page 4, 
     line 16.
       Page 4, line 17, redesignate subsection (e) as subsection 
     (d).
       Page 6, in the matter following line 13, strike ``Deputy 
     Director;''.
       Strike section 2(d) (relating to position requirements).

  The Acting CHAIR. Pursuant to House Resolution 1339, the gentleman 
from Georgia (Mr. Hice) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Georgia.
  Mr. HICE of Georgia. Mr. Chairman, I yield myself such time as I may 
consume.
  With all due respect, this bill will do anything but ensure a fair 
and accurate Census. Instead, it threatens to produce an unfair and 
inaccurate Census.
  As ranking member of the Government Operations Subcommittee, I have 
stressed time and time again that we need reforms that will ensure a 
more accountable Federal workforce. But time and time again, Democrats 
show that they want anything but accountability for civil servants.
  In fact, it is as though they view Federal employees as a protected 
and privileged class, and when a Federal bureaucracy is unaccountable, 
well, that is when it is most likely to threaten the American people 
with rogue activity like, in this case, providing an unfair and 
inaccurate Census.
  First, it makes the Director of the Census unremovable except for 
``inefficiency, neglect of duty, or malfeasance in office.'' Then, it 
commands that only the Director can make operational, statistical, and 
technical decisions about the Census.
  Mr. Chairman, what is the Secretary of Commerce supposed to do if he 
or she believes that the Census Director is making decisions that will 
lead to an unfair or inaccurate Census? Further, what is going to 
happen if there is no Director in place? Under the terms of the bill, 
only a career Census Bureau official can serve as the Acting Director.
  This bill is a perfect example of how Democrats think unelected civil 
servants should be running our government and, in essence, that civil 
servants should be the ones who are governing the American people. This 
bill literally is having them attempt to influence who represents them. 
That is not the way our system is supposed to work.
  My amendment would strip those provisions out of the legislation. If 
we are to ensure a fair and accurate Census, then we must ensure an 
accountable Census Bureau.
  Mr. DANNY K. DAVIS of Illinois. Mr. Chairman, I claim the time in 
opposition to the Hice amendment.

[[Page H7840]]

  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. DANNY K. DAVIS of Illinois. Mr. Chairman, I oppose the amendment 
proposed by Representative Hice of Georgia. His amendment would weaken 
the protections in this bill that safeguard the Census Bureau from 
partisan manipulation. His amendment eliminates two key provisions from 
the bill.
  First, the amendment would remove the provision requiring that the 
Bureau have a single Deputy Director position, which would be filled by 
a career official with relevant knowledge and experience, including 
experience in collecting and analyzing data and a demonstrated ability 
to manage large organizations. Experts agree that a single, qualified 
Deputy Director is important for ensuring smooth operations within the 
Bureau, including when there is an absence of a Senate-confirmed Census 
Director. Having a single Deputy Director also avoids disruptions that 
can be caused when multiple Deputy Directors are appointed with unclear 
job descriptions.
  That is exactly what happened in the last administration. In August 
2020, while the Census count was already underway, former President 
Trump appointed his third Deputy Director to the Census Bureau. The 
unclear duties and qualifications of these appointees sparked an 
internal inquiry by the Commerce Department's Inspector General's 
Office.
  The amendment would also remove the cap on political appointees at 
the Census Bureau. The bill caps that number at four, which is 
consistent with historical precedent. During the last administration, 
there were an unprecedented eight political appointees at the Census 
Bureau. That is far too many political appointees for a nonpartisan 
agency like the Census Bureau, and it makes the danger of political 
manipulation much greater.
  I am committed to protecting the integrity of the Census Bureau and 
improving each decennial count. Unfortunately, this amendment would 
make these goals harder to achieve.
  Mr. Chairman, I urge all Members to oppose Representative Hice's 
amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. HICE of Georgia. Mr. Chairman, I yield to the gentleman from 
Kentucky (Mr. Comer), who is the ranking member of the House Oversight 
and Reform Committee.
  Mr. COMER. Mr. Chairman, I thank the gentleman from Georgia for 
yielding.
  Mr. Chairman, I rise in support of this amendment offered by the 
Government Operations Subcommittee ranking member, my colleague, Jody 
Hice.
  I support this sensible amendment, which will preserve vital 
accountability mechanisms for the Director of the Census Bureau. The 
bill attempts to insulate the Census Bureau Director and empower an 
unaccountable career Deputy Director. We should not be tying the hands 
of a future President to properly exercise executive oversight over the 
management of the Census Bureau.
  Mr. Chairman, I encourage my colleagues to support the commonsense 
Hice amendment.
  Mr. HICE of Georgia. Mr. Chairman, I yield back the balance of my 
time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Georgia (Mr. Hice).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. HICE of Georgia. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Georgia will 
be postponed.
  Mr. DANNY K. DAVIS of Illinois. Mr. Chairman, I move that the 
Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Ms. 
Bourdeaux) having assumed the chair, Mr. Carter of Louisiana, Acting 
Chair of the Committee of the Whole House on the state of the Union, 
reported that that Committee, having had under consideration the bill 
(H.R. 8326) to amend title 13, United States Code, to improve the 
operations of the Bureau of the Census, and for other purposes, had 
come to no resolution thereon.

                          ____________________