[Congressional Record (Bound Edition), Volume 156 (2010), Part 13]
[Senate]
[Pages 19179-19182]
[From the U.S. 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.

  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;
       ``(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.

[[Page 19180]]

       ``(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.

  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

[[Page 19181]]

     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.
       ``(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 19182]]



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