[House Report 117-456]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      117-456

======================================================================



 
                ENSURING A FAIR AND ACCURATE CENSUS ACT

                                _______
                                

 September 9, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mrs. Carolyn B. Maloney of New York, from the Committee on Oversight 
                  and Reform, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 8326]

    The Committee on Oversight and Reform, to whom was referred 
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, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Summary and Purpose of Legislation...............................     4
Background and Need for Legislation..............................     4
Section-by-Section Analysis......................................     7
Legislative History..............................................     9
Committee Consideration..........................................     9
Roll Call Votes..................................................     9
Explanation of Amendments........................................    14
List of Related Committee Hearings...............................    14
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    14
Statement of General Performance Goals and Objectives............    15
Application of Law to the Legislative Branch.....................    15
Duplication of Federal Programs..................................    15
Disclosure of Directed Rule Makings..............................    15
Federal Advisory Committee Act Statement.........................    15
Unfunded Mandates Reform Act Statement...........................    15
Earmark Identification...........................................    15
Committee Cost Estimate..........................................    15
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................    16
Changes in Existing Law Made by the Bill, as Reported............    16
Minority Views...................................................    22

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 Secretary shall include in such request 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 are submitted to the 
President under subsection (a), the Secretary 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) For-cause Removal of Director; Duties.--Section 21 of title 13, 
United States Code, is amended--
          (1) in subsection (b)(3), by inserting after ``the 
        President'' the following: ``only for inefficiency, neglect of 
        duty, or malfeasance in office''; and
          (2) by amending subsection (c) 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 possess knowledge of, or 
        experience in, the work of the Bureau, and possess experience 
        in relevant fields, including demography, economics, survey 
        methodology, statistics, or data science.
          ``(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.
                  ``(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 two 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.''.

                   Summary and Purpose of Legislation

    The Ensuring a Fair and Accurate Census Act would improve 
the operations of the Census Bureau and reduce the potential 
for political interference in the conduct of the Bureau's 
constitutionally and statutorily mandated surveys.

                  Background and Need for Legislation

    A fair and accurate census is critical to American 
democracy and required by the Constitution. The decennial 
census determines representation at every level of government, 
from Congress to school boards. Census data drives over $1.5 
trillion in annual funding for critical services like 
hospitals, schools, disaster response, and road and bridge 
repair. Businesses large and small rely on census data to 
identify new markets and make investment decisions that create 
jobs and grow the economy. An independent Census Bureau with 
non-political, career data scientists and statisticians is 
essential to fulfill the vital mission of the census.
    During the 116th and 117th Congresses, the Oversight 
Committee conducted a comprehensive investigation of efforts by 
the Trump Administration to add a citizenship question to the 
2020 Census for partisan political gain--efforts that risked 
undermining the accuracy of the census.
    Initial findings from the Committee's investigation were 
detailed in the Committee's bipartisan June 2019 contempt 
report and Chairwoman Maloney's November 12, 2019, memorandum 
for Members.\1\ On July 20, 2022, Chairwoman Maloney sent a 
memorandum to Members of the Committee on Oversight and Reform 
with additional information and findings from the Committee's 
investigation.\2\
---------------------------------------------------------------------------
    \1\Committee on Oversight and Reform, Resolution Recommending that 
the House of Representatives Find William P. Barr, Attorney General of 
the United States, and Wilbur L. Ross, Jr., Secretary of Commerce, in 
Contempt of Congress for Refusal to Comply with Subpoenas Duly Issued 
by the Committee on Oversight and Reform, 116th Cong. (2019) (H. Res. 
497), Memorandum from Acting Chairwoman Carolyn B. Maloney, Committee 
on Oversight and Reform, to Members of the Committee on Oversight and 
Reform, Update on Investigation of Census Citizenship Question Since 
House Held Attorney General Barr and Commerce Secretary Ross in 
Contempt of Congress (Nov. 12, 2019) (online at https://
oversight.house.gov/sites/democrats.oversight.house.gov/files/2019-11-
12.Memo%20to%20COR%20Members%20re.%20Census.pdf).
    \2\Memorandum from Chairwoman Carolyn B. Maloney to Members, 
Committee on Oversight and Reform (July 20, 2022) (online at https://
oversight.house.gov/sites/democrats.oversight
.house.gov/files/2022.07.20%20COR%20Census%20Memorandum.pdf).
---------------------------------------------------------------------------
    The Committee's investigation exposed how a group of 
political appointees sought to use the census to advance an 
ideological agenda and potentially exclude non-citizens from 
the apportionment count. Despite experts, statisticians, and 
stakeholders warning of the threats that a citizenship question 
could pose to the census, Trump Administration officials 
pressed forward until the Supreme Court ruled their effort was 
illegal.
    Career experts consistently advised Trump Administration 
officials about the dangers of adding a citizenship question to 
the census. On January 19, 2018, the Census Bureau's chief 
scientist, Dr. John Abowd, wrote to Commerce Secretary Wilbur 
Ross that ``adding a citizenship question to the 2020 Census'' 
is ``very costly, harms the quality of the census count, and 
would use substantially less accurate citizenship status data 
than are available from administrative sources.''\3\
---------------------------------------------------------------------------
    \3\Memorandum from John Abowd, Chief Scientist, Census Bureau, to 
Secretary Wilbur L. Ross, Jr., Department of Commerce (Jan. 19, 2018) 
(online at www.osec.doc.gov/opog/FOIA/
Documents/AR%20-%20FINAL%20FILED%20-%20ALL%20DOCS%20%5bCERTIFICATION-
INDEX-DOCUMENTS%5d%206.8.18.pdf#page=1289).
---------------------------------------------------------------------------
    On January 26, 2018, six former Census Bureau directors--
who served in both Democratic and Republican administrations--
sent a letter to Secretary Ross opposing the addition of the 
citizenship question, expressing concerns that it would ``put 
the accuracy of the enumeration and success of the census in 
all communities at grave risk.''\4\ Despite these warnings, 
Secretary Ross moved forward with adding the citizenship 
question to the census.
---------------------------------------------------------------------------
    \4\Letter from Former Census Bureau Directors to Secretary Wilbur 
L. Ross, Jr., Department of Commerce (Jan. 26, 2018) (online at https:/
/oversight.house.gov/sites/democrats.oversight
.house.gov/files/documents/DOJ%20census%20ques%20request-
Former%20Directors%20ltr%20to
%20Ross.pdf).
---------------------------------------------------------------------------
    Secretary Ross did not provide timely or accurate 
information to Congress about the addition of the citizenship 
question. Although the Secretary of Commerce is required to 
notify Congress of ``subjects'' to be included on the decennial 
census three years in advance, Secretary Ross and his staff 
purposely kept their efforts to add a citizenship question a 
secret from Congress and the public for months, until the 
Secretary finally announced his intent to add this question in 
2018 and provided a false rationale for doing so.\5\
---------------------------------------------------------------------------
    \5\See 13 U.S.C. Sec.  141 (f)(1).
---------------------------------------------------------------------------
    When the Supreme Court struck down the Trump 
Administration's illegal attempt to add a citizenship question 
to the 2020 Census, Chief Justice John Roberts observed that 
the Trump Administration's stated rationale for including the 
citizenship question--to help enforce the Voting Rights Act 
(VRA)--``seems to have been contrived.'' The Committee obtained 
documents showing Chief Justice Roberts was right. These 
documents reveal that even as the Trump Administration was 
developing its contrived rationale, top Administration 
officials were secretly exploring what appears to have been 
their true reason for adding the citizenship question: to 
exclude non-citizens from congressional apportionment counts, 
contrary to the clear language of the Constitution.
    These documents shed light on the real reasons that the 
Trump Administration tried to add a citizenship question to the 
2020 Census, and the steps Commerce officials took to justify 
Secretary Ross's efforts to add the question. They also make 
clear that President Trump used executive privilege to withhold 
materials that confirm that VRA enforcement was a mere pretext 
for including a citizenship question on the 2020 Census.
    The documents obtained by the Committee--including a legal 
memorandum prepared for Secretary Ross and secret 
communications between Trump Administration lawyers and 
political appointees--shed additional light on the depth of 
partisan manipulation in the 2020 Census, including senior 
officials' focus on using a citizenship question to alter 
apportionment counts and their illegal attempt to develop a 
pretext.
    Investigative work by the Committee also revealed efforts 
by political appointees to rush to complete processing of 
census data before President Trump left office--despite 
repeated warnings from career staff that this could lead to 
serious data errors and compromise the integrity of the census 
count.\6\
---------------------------------------------------------------------------
    \6\See, e.g., Letter from Chairwoman Carolyn B. Maloney, Committee 
on Oversight and Reform, to Secretary Wilbur L. Ross, Jr., Department 
of Commerce (Dec. 2, 2020) (online at 
https://oversight.house.gov/sites/democrats.oversight.house.gov/files/
2020-12-02.CBM%20to%20
Ross-Commerce%20re%202020%20Census%20Count.pdf).
---------------------------------------------------------------------------
    The factual findings from the Committee's investigation 
reveal the vulnerability of our national statistical system to 
partisan manipulation and highlight the need for Congress to 
protect the constitutionally mandated census from abuses of 
power and political interference.\7\ Although the Committee's 
oversight and judicial intervention helped turn back many of 
the worst abuses during the 2020 Census, political interference 
nevertheless appears to have impacted the Census's accuracy. In 
March 2022, the Census Bureau released data showing that show 
the 2020 Census undercounted the U.S. population by nearly 19 
million, failing to count many Black, Latino, and Indigenous 
Americans, while overcounting white and Asian Americans. In 
particular, Latinos were undercounted at three times the rate 
at which they were undercounted in the 2010 Census.\8\
---------------------------------------------------------------------------
    \7\The Committee's November 2019 legal filing explained that the 
subpoenaed documents could lead the Committee to pursue ``a wide range 
of legislative reforms'' including ``legislative measures to curb 
political influence on the census'' and ``new, judicially enforceable 
reporting obligations to increase visibility into how the census is 
being administered.'' Committee on Oversight and Reform, Complaint, 
Committee on Oversight and Reform v. Barr, 1:19-cv-03557 (D.D.C.) 
(Filed Nov. 26, 2019).
    \8\Census Bureau, Press Release: Census Bureau Releases Estimates 
of Undercount and Overcount in the 2020 Census (Mar. 10, 2022) (online 
at www.census.gov/newsroom/press-
releases/2022/2020-census-estimates-of-undercount-and-overcount.html).
---------------------------------------------------------------------------
    To help prevent similar political interference from 
occurring again, the Committee has developed H.R. 8326, the 
Ensuring a Fair and Accurate Census Act of 2022. This bill is 
designed to protect the Census Bureau and its career employees 
from political manipulation and pressure similar to that 
experienced in the run-up to the 2020 Census.
    H.R. 8326 would vest consequential decision-making 
authority concerning decennial censuses solely with the 
Director of the Census Bureau and protect the Director from 
partisan interference. The bill would also require the 
appointment of a Deputy Director of the Bureau with career 
experience and technical expertise. The Ensuring a Fair and 
Accurate Census Act would also limit the number of political 
appointees at the Census Bureau.
    H.R. 8326 would provide transparency into the budgetary and 
operational planning of the Census Bureau by requiring five-
year estimated budget needs with every budget request submitted 
to the President. The Secretary of Commerce (Secretary) would 
be required to submit the budget of the Census Bureau to the 
appropriate congressional committees when it is transmitted to 
the President. The Secretary would be required to produce a 
report on the impact of disparities in their estimated budget 
needs and the president's request to Congress. The Secretary 
would also be required to submit a report to Congress 
biannually on the operational plans for the next decennial 
census.
    The Secretary would be required to certify that any new 
questions on decennial censuses have been researched, studied, 
and tested according to established statistical policies and 
procedures. The Government Accountability Office would be 
required to report to Congress on compliance with such 
procedures.
    Finally, H.R. 8326 would codify the Census Bureau's 
advisory committees--including those on statistical and 
scientific standards.
    H.R. 8326 has been endorsed by four former directors of the 
Census Bureau, appointed by both Democratic and Republican 
presidents--Vincent Barabba, Kenneth Prewitt, Robert Graves, 
and John Thompson. In a statement of support the former 
Directors commended the bill's objective to ``protect the 
independence and integrity of the scientific mission at the 
Census Bureau.'' Having observed the serious challenges in the 
administration of the 2020 Census, the former directors 
highlighted the need for the reforms in H.R. 8326 to ``build 
greater trust and confidence in the essential data the Census 
Bureau supplies to the nation.'' The former directors 
concluded: ``Trust in the nation's official data is essential 
to the democracy and the economy, and this legislation will 
undergird that trust.''\9\
---------------------------------------------------------------------------
    \9\Statement by Former U.S. Census Bureau Directors in Support of 
House Legislation ``Ensuring a Fair and Accurate Census Act'' (July 12, 
2022) (online at https://oversight.house.gov/sites/
democrats.oversight.house.gov/files/
Statement%20by%20Former%20Directors%207.12.22%20on
%20Census%20Reform%20Bill_0.pdf).
---------------------------------------------------------------------------

                      Section-by-Section Analysis


Sec. 1. Short title

    The short title is the ``Ensuring a Fair and Accurate 
Census Act''.

Sec. 2. Modification of certain Bureau of the Census authorities

            Subsection (a) Budget Requests
    This subsection amends title 13 of the United States Code 
(U.S.C.) by adding a new section 14, which would require that 
beginning with the budget request submitted to the President 
for fiscal year 2027, and each year thereafter, the Secretary 
of Commerce must include in the budget request the estimated 
costs of Bureaus operational needs for five years. The 
Secretary shall simultaneously transmit this estimate to the 
appropriate congressionalcommittees, including 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.
            Subsection (b) For-Cause Removal of Director; Duties
    This subsection would amend section 21 of title 13, U.S.C. 
to provide that the Director of the Census Bureau may be 
removed only for inefficiency, neglect of duty, or malfeasance 
in office. It further amends that section to require that the 
Director report directly to the Deputy Secretary of Commerce 
and that operational, statistical, or technical decisions for 
the decennial census may only be made by the Director.
            Subsection (c) Advisory Committees; Deputy Director
    This subsection further amends section 21 to provide that 
there may be only a single Deputy Director of the Census 
Bureau, appointed by the Director. The Deputy position is 
career-reserved and the individual appointed must possess 
knowledge of, or experience in, the work of the Bureau and 
experience in relevant fields including, demography, economics, 
survey methodology, statistics, or data science.
    Subsection (c) also provides that the Deputy Director will 
perform the functions designated by the Director and shall 
serve as Director in the event of absence or disability of the 
Director. The highest-level career employee of the Bureau shall 
serve as Director if there are vacancies in the Director and 
Deputy Director positions at the Census Bureau.
    Finally, subsection (c) grants the Director the authority 
to establish advisory committees and requires the establishment 
of certain advisory committees, including: the Census Advisory 
Committee on Statistical Quality Standards, which will include 
five members to advise on statistical quality standards of the 
Bureau that inform the production and release of all Census 
Bureau decennial census products; the National Advisory 
Committee and Scientific Advisory Committee and the Census 
Bureau National Advisory Committee on Racial, Ethnic, and Other 
Populations, as described by their charters as published on 
March 15 and March 23, 2022, respectively, or subsequent 
charters; and the 2030 Census Advisory Committee, which shall 
be established in a manner similar to the 2010 Census Advisory 
Committee and with no more than 20 member organizations to 
address policy, research, and technical issues pertaining to 
the design and administration of the 2030 decennial census and 
the American Community Survey.
            Subsection (d) Position Requirements
    This subsection amends section 22 of title 13, U.S.C. to 
require that all positions in the Bureau be career employees in 
the civil service, with the exception of the Director and no 
more than two more other appointees.

Sec. 3. Limitations and requirements for the decennial census

    This section amends section 141 of title 13, U.S.C. in 
several ways. First, it would prohibit any subject, type of 
information, or question that was not submitted to Congress in 
accordance with the statutory notification process in 
subsection (f) of section 141 from being included on the any 
decennial census.
    Second, it would require, beginning on April 1 of the 
calendar year after enactment, and biennially thereafter, a 
report to be submitted to Congress by the Secretary describing 
the operational plans and status of the Bureau's comprehensive 
plan for the decennial census. The report would be required to 
be published on the Bureau's website.
    Third, this section would require the Secretary to submit a 
certification to the appropriate congressional committees two 
years prior to a decennial census confirming that any new 
questions appearing on a decennial questionnaire have been 
researched, studied, and tested according to established 
statistical policies and procedures. Not later than six months 
after the submission of the certification GAO would be required 
to report to Congress on whether the questions have been so 
researched and tested.

Sec. 4. Decennial census lifecycle cost estimates

    This section further amends section 141 of title 13, U.S.C. 
by adding a new subsection (h), which would require the 
Director by January 1, 2026, and every ten years thereafter, to 
submit a lifecycle cost estimate for the decennial census to 
the appropriate congressional committees. This submission must 
include estimates of costs by each fiscal year, estimates of 
capital versus operating expenses, staffing projections per 
year, estimated response rates and wages, and other economic 
variables.
    The Director would also be required to submit a report 
detailing any changes to the applicable decennial lifestyle 
cost estimate for the next four years, which must include the 
basis for any changes, projected impacts of changes on response 
rates, staffing requirements, or costs during the lifecycle and 
an explanation of budgetary disparities between the President's 
annual budget request and the lifecycle cost estimate.

                          Legislative History

    H.R. 8326, the Ensuring a Fair and Accurate Census Act, was 
introduced on July 11, 2022, by Chairwoman Carolyn B. Maloney. 
The bill was referred to the Committee on Oversight and Reform.

                        Committee Consideration

    On July 14, 2022, the Committee met in open session and, 
with a quorum being present, began consideration of H.R. 8326 
the Ensuring a Fair and Accurate Census Act. The bill was 
ordered reported, as amended, on July 20, 2022.

                            Roll Call Votes

    There were three roll call votes during consideration of 
H.R. 8326. Chairwoman Maloney's amendment in the nature of a 
substitute was agreed to by voice vote. The amendment offered 
by Rep. Hice was not adopted on a roll call vote of 25 noes and 
18 ayes. The amendment offered by Rep. Biggs was not adopted 
after a roll call vote of 25 noes and 18 ayes. H.R. 8326 was 
ordered reported to the House on a roll call vote of 25 ayes 
and 17 noes.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                       Explanation of Amendments

    During Committee consideration of the bill, Chairwoman 
Maloney (D-NY), offered an amendment to H.R. 8326 that 
clarified the establishment of advisory committees and required 
lifecycle funding cost estimates for each decennial census.
    Rep. Hice offered an amendment that would have eliminated 
the for-cause removal provisions, struck the qualifications for 
Deputy Director and the vacancy provisions, and removed the 
required career status for employees of the Census Bureau and 
the limit on political appointees.
    Rep. Biggs offered an amendment that would have required 
the Secretary of Commerce to include a question about 
citizenship status in the decennial census.

                   List of Related Committee Hearings

    In accordance with House rule XIII, clause 3, the Committee 
held the hearings listed below.
    On March 14, 2019, the Committee held a hearing with then-
Secretary of Commerce Wilbur L. Ross, Jr.
    On May 18, 2019, the Committee held a hearing titled 
``Getting Counted: The Importance of the Census to State and 
Local Communities.''
    On July 24, 2019, the Subcommittee on Civil Rights and 
Civil Liberties held a hearing on ``Beyond the Citizenship 
Question: Repairing the Damage and Preparing to Count `We the 
People' in 2020.''
    On January 20, 2020, the Committee held a hearing on 
``Reaching Hard-to-Count Communities in the 2020 Census.''
    On July 29, 2020, the Committee held a hearing on 
``Counting Every Person: Safeguarding the 2020 Census Against 
the Trump Administration's Unconstitutional Attacks.''
    On September 10, 2020, the Committee held a hearing on 
``Providing the Census Bureau with the Time to Produce a 
Complete and Accurate Census.''
    On December 3, 2020, the Committee held a hearing on 
``Ensuring the 2020 Census Count is Complete and Accurate.''
    On July 29, 2021, the Subcommittee on Civil Rights and 
Civil Liberties held a hearing on ``Democracy in Danger: The 
Assault on Voting Rights in Texas''
    On October 2, 2021, the Subcommittee on Civil Rights and 
Civil Liberties held a hearing on ``Assessing the Election 
`Audit' in Arizona and Threats to American Democracy.''
    On March 1, 2022, the Committee held a hearing on ``From 
Recession to Recovery: Examining the Impact of the American 
Rescue Plan's State and Local Fiscal Recovery Funds.''

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the Background and Need for 
Legislation section above.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals or objectives of this bill are to amend title 13, U.S.C., 
to improve the operations of the Bureau of the Census, and for 
other purposes.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill does not relate to employment or access to public 
services and accommodations in the legislative branch.

                    Duplication of Federal Programs

    In accordance with clause 2(c)(5) of rule XIII no provision 
of this bill establishes or reauthorizes a program of the 
Federal Government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  Disclosure of Directed Rule Makings

    This bill does not direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
U.S.C.

                     Federal Advisory Committee Act

    The Committee finds that this legislation directs the 
establishment of advisory committees within the definition of 
Section 5(b) of the appendix to title 5, U.S.C.

                      Unfunded Mandates Statement

    Pursuant to section 423 of the Congressional Budget Act of 
1974 the Committee has requested, but not yet received, a 
letter received from the Congressional Budget Office.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                           Committee Estimate

    Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of 
the House of Representatives, the Committee has requested, but 
not yet received, a cost estimate of the bill prepared by the 
Director of the Congressional Budget Office under section 402 
of the Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the House of 
Representatives, the Committee has requested, but not yet 
received, a cost estimate prepared by the Congressional Budget 
Office.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 13, UNITED STATES CODE



           *       *       *       *       *       *       *
                       CHAPTER 1--ADMINISTRATION

                    SUBCHAPTER I--GENERAL PROVISIONS

Sec.
1. Definitions.
     * * * * * * *
14. Budget requests.
     * * * * * * *

                  SUBCHAPTER II--OFFICERS AND EMPLOYEES

[21. Director of the Census; duties.]
21. Director of the Census; Deputy Director; advisory committees.
     * * * * * * *

SUBCHAPTER I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


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 Secretary shall include 
in such request 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 are submitted to 
the President under subsection (a), the Secretary 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.

           *       *       *       *       *       *       *


                 SUBCHAPTER II--OFFICERS AND EMPLOYEES

Sec. 21. Director of the Census; [duties]  Deputy Director; advisory 
                    committees

  (a) Appointment.--
          (1) 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, without 
        regard to political affiliation.
          (2) 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.
  (b) Term of Office.--
          (1) 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.
          (2) 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.
          (3) Removal.--An individual serving as Director may 
        be removed from office by the President only for 
        inefficiency, neglect of duty, or malfeasance in 
        office. 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) Personnel actions.--Except as provided under 
        paragraph (3), nothing in this subsection shall 
        prohibit a personnel action otherwise authorized by law 
        with respect to the Director of the Census, other than 
        removal.
  [(c) Duties.--The Director shall perform such duties as may 
be imposed upon the Director by law, regulations, or orders of 
the Secretary.]
  (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.
  (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 possess knowledge of, 
        or experience in, the work of the Bureau, and possess 
        experience in relevant fields, including demography, 
        economics, survey methodology, statistics, or data 
        science.
          (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.
                  (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.

Sec. 22. Qualifications of permanent personnel

   [All permanent] (a) In General._All permanent  officers and 
employees of the Bureau shall be citizens of the United States.
  (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 two other positions.

           *       *       *       *       *       *       *


CHAPTER 5--CENSUSES

           *       *       *       *       *       *       *


          SUBCHAPTER II--POPULATION, HOUSING, AND UNEMPLOYMENT

Sec. 141. Population and other census information

  (a) The Secretary shall, in the year 1980 and every 10 years 
thereafter, take a decennial census of population as of the 
first day of April of such year, which date shall be known as 
the ``decennial census date'', in such form and content as he 
may determine, including the use of sampling procedures and 
special surveys. In connection with any such census, the 
Secretary is authorized to obtain such other census information 
as necessary.
  (b) The tabulation of total population by States under 
subsection (a) of this section as required for the 
apportionment of Representatives in Congress among the several 
States shall be completed within 9 months after the census date 
and reported by the Secretary to the President of the United 
States.
  (c) The officers or public bodies having initial 
responsibility for the legislative apportionment or districting 
of each State may, not later than 3 years before the decennial 
census date, submit to the Secretary a plan identifying the 
geographic areas for which specific tabulations of population 
are desired. Each such plan shall be developed in accordance 
with criteria established by the Secretary, which he shall 
furnish to such officers or public bodies not later than April 
1 of the fourth year preceding the decennial census date. Such 
criteria shall include requirements which assure that such plan 
shall be developed in a nonpartisan manner. Should the 
Secretary find that a plan submitted by such officers or public 
bodies does not meet the criteria established by him, he shall 
consult to the extent necessary with such officers or public 
bodies in order to achieve the alterations in such plan that he 
deems necessary to bring it into accord with such criteria. Any 
issues with respect to such plan remaining unresolved after 
such consultation shall be resolved by the Secretary, and in 
all cases he shall have final authority for determining the 
geographic format of such plan. Tabulations of population for 
the areas identified in any plan approved by the Secretary 
shall be completed by him as expeditiously as possible after 
the decennial census date and reported to the Governor of the 
State involved and to the officers or public bodies having 
responsibility for legislative apportionment or districting of 
such State, except that such tabulations of population of each 
State requesting a tabulation plan, and basic tabulations of 
population of each other State, shall, in any event, be 
completed, reported, and transmitted to each respective State 
within one year after the decennial census date.
  (d) Without regard to subsections (a), (b), and (c) of this 
section, the Secretary, in the year 1985 and every 10 years 
thereafter, shall conduct a mid-decade census of population in 
such form and content as he may determine, including the use of 
sampling procedures and special surveys, taking into account 
the extent to which information to be obtained from such census 
will serve in lieu of information collected annually or less 
frequently in surveys or other statistical studies. The census 
shall be taken as of the first day of April of each such year, 
which date shall be known as the ``mid-decade census date''.
  (e)(1) If--
          (A) in the administration of any program established 
        by or under Federal law which provides benefits to 
        State or local governments or to other recipients, 
        eligibility for or the amount of such benefits would 
        (without regard to this paragraph) be determined by 
        taking into account data obtained in the most recent 
        decennial census, and
          (B) comparable data is obtained in a mid-decade 
        census conducted after such decennial census,
then in the determination of such eligibility or amount of 
benefits the most recent data available from either the mid-
decade or decennial census shall be used.
  (2) Information obtained in any mid-decade census shall not 
be used for apportionment of Representatives in Congress among 
the several States, nor shall such information be used in 
prescribing congressional districts.
  (f) With respect to each decennial and mid-decade census 
conducted under subsection (a) or (d) of this section, the 
Secretary shall submit to the committees of Congress having 
legislative jurisdiction over the census--
          (1) not later than 3 years before the appropriate 
        census date, a report containing the Secretary's 
        determination of the subjects proposed to be included, 
        and the types of information to be compiled, in such 
        census;
          (2) not later than 2 years before the appropriate 
        census date, a report containing the Secretary's 
        determination of the questions proposed to be included 
        in such census; and
          (3) after submission of a report under paragraph (1) 
        or (2) of this subsection and before the appropriate 
        census date, if the Secretary finds new circumstances 
        exist which necessitate that the subjects, types of 
        information, or questions contained in reports so 
        submitted be modified, a report containing the 
        Secretary's determination of the subjects, types of 
        information, or questions as proposed to be modified.
  (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.
  (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.
  [(g)] (i) Definition._As used in this section, ``census of 
population'' means a census of population, housing, and matters 
relating to population and housing.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    Committee Republicans oppose H.R. 8326. The bill fails to 
ensure a fair and accurate census. The bill insulates the 
Census Bureau from accountability to the President and his 
appointed political officials--i.e., those who are best 
positioned to assure a census the voters will regard as fair 
and accurate. The bill also severely constrains the ability of 
future censuses to include important new questions, such as a 
citizenship question. Indeed, the bill is primarily a vehicle 
for ensuring a citizenship question might never again be added 
to the census--guaranteeing future censuses will be unfair and 
inaccurate.

I. H.R. 8326 RADICALLY AND IRRESPONSIBLY SHIELDS THE CENSUS BUREAU FROM 
                        POLITICAL ACCOUNTABILITY

    The hallmark of the U.S. Constitution is that it ensures a 
government ``of the people, by the people, for the people.''\1\ 
Accountability of the government to the voters is the bedrock 
for assuring our federal government acts fairly, accurately and 
in the best interest of the people. Whenever that 
accountability is diminished, the door is opened to a 
government that acts at the whim of government officials--not 
in the interests of the voters. Yet, rather than strengthen 
government accountability, H.R. 3826 radically and 
irresponsibly weakens it at the Census Bureau.
---------------------------------------------------------------------------
    \1\President Abraham Lincoln, Gettysburg Address (Nov. 19, 1863).
---------------------------------------------------------------------------
    First, the bill shields the Census Bureau's director from 
full accountability to the President and his or her 
administration's leadership at the Department of Commerce. 
Rather than being removable at will, or even broadly ``for 
cause''--such as insubordination--the director would be 
removable only for cause related to ``inefficiency, neglect of 
duty, or malfeasance in office.''\2\ Making matters worse, the 
bill grants the director sole authority to make operational, 
statistical or technical decisions about the census.\3\ If the 
director were to be wrong about any number of those decisions, 
the President would be powerless to remove him or her unless 
the reasons fit into the categories of ``inefficiency, neglect 
of duty, or malfeasance.'' A host of issues impacting the 
census' fairness and accuracy could well fall outside those 
grounds.
---------------------------------------------------------------------------
    \2\H.R. 8326, para. 2(b)(1).
    \3\Id., para. 2(c)(2).
---------------------------------------------------------------------------
    Second, the bill allows only a career employee to serve as 
acting director.\4\ This means that, whenever a Senate-
confirmed director is not in place at the bureau, only a career 
employee, insulated from political accountability, can lead the 
Bureau.\5\ This would include, of course, leading the Bureau by 
making all operational, statistical or technical decisions 
about the census.
---------------------------------------------------------------------------
    \4\Id., subpara. 2(c)(1)(B).
    \5\See id.
---------------------------------------------------------------------------
    Finally, the bill caps at three the number of political 
appointees who can serve at the Bureau.\6\ This substantially 
limits the ability of politically accountable Bureau leadership 
to keep pace with and assure full command of all issues at the 
Bureau.
---------------------------------------------------------------------------
    \6\Id., subsec. 2(d).
---------------------------------------------------------------------------
    Government Operations Subcommittee Ranking Member Hice 
offered an amendment to cure all of these problems at the 
Committee's markup of this bill. That amendment, however, was 
rejected on a party-line vote.\7\
---------------------------------------------------------------------------
    \7\Amend. offered by Rep. Jody Hice (R-GA) to H.R. 8326 striking 
provisions reducing the accountability of the Census Bureau and other 
Bureau officials (July 14, 2022).
---------------------------------------------------------------------------
    We have already seen the consequences when the Census 
Bureau bureaucracy makes decisions. The 2020 Census was filled 
with challenges presented by the COVID-19 pandemic.\8\ This may 
well have undermined the accuracy of the 2020 Census' 
enumeration and apportionment phases.\9\ For example, just this 
May, the Census Bureau revealed that its Post-Enumeration 
Survey suggested there were significant undercounts and 
overcounts in at least fourteen states.\10\ These mistaken 
counts could have impacted the apportionment of congressional 
districts in several states--favoring Democrat-led states and 
disfavoring Republican-led states.\11\ And they all occurred in 
the context of ``operational, statistical, and technical'' 
decisions made by the Bureau. We do not yet know what the true 
counts should have been. But this bill does nothing to get at 
the heart of that problem.
---------------------------------------------------------------------------
    \8\See, e.g., U.S. Census Bureau, 2020 Census Operation Adjustments 
Due to COVID-19 (last revised Mar. 28, 2022); U.S. Census Bureau, U.S. 
Census Bureau Releases 2020 Undercount and Overcount Rates by State and 
the District of Columbia (May 19, 2022) (``PES Survey Release'').
    \9\See, e.g., Editorial Board, Who Rigged the Census? Undercounts 
May Have Cost Florida and Texas Another House Seat, Wall Street Journal 
(May 20, 2022).
    \10\PES Survey Release.
    \11\See, e.g., Hans von Spakovsky, Federal Government's Bungled 
Census Bad News for Red States. Here's Why, The Daily Signal (Sept. 5, 
2022).
---------------------------------------------------------------------------

 II. H.R. 8326 ULTIMATELY SERVES AS A VEHICLE TO ENSURE A CITIZENSHIP 
           QUESTION MIGHT NEVER AGAIN BE ADDED TO THE CENSUS

    This bill also tries to prevent a citizenship question--
and/or other new questions--from being included in the census.
    In the course of the 2020 census, the Trump 
Administration's attempt to include a citizenship question in 
the census generated great controversy.\12\ Whether the 
question could be included, in fact, went all the way to the 
Supreme Court. There, the Court determined the action by which 
the question was included ran afoul of the Administrative 
Procedure Act.\13\ Crucially, however, the Court recognized the 
constitutionality of including a citizenship question and that 
such a question had been included in many previous 
censuses.\14\ Nevertheless, the Trump Administration ultimately 
left the question out of the 2020 Census.\15\
---------------------------------------------------------------------------
    \12\See., e.g., Howard Husock, Who's Counting Whom? Trump Should 
Win the Census and Citizenship Fight, City Journal (Dec. 3, 2018).
    \13\Department of Commerce v. New York, 588 U.S. __, 139 S. Ct. 
2551, 2576 (2019).
    \14\Id. at 2566-67.
    \15\Rebecca Ballhaus, Brett Kendall, Trump Drops Effort to Put 
Citizenship Question on Census, Wall Street Journal (July 11, 2019).
---------------------------------------------------------------------------
    This exclusion was unfortunate. Given that the census 
provides the numerical basis for the apportionment of 
congressional districts every ten years, it is critical for the 
census to count specifically the number of citizens in each 
state. Only in that way can it be assured that each citizen is 
guaranteed equal representation in Congress.
    Going forward, it is our hope that future censuses will 
regularly include a citizenship question. H.R. 8326, however, 
makes is very much harder for that to occur. First, the bill 
requires that the Secretary of Commerce ``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.''\16\ That would, of 
course, prevent the inclusion of a citizenship question until 
at least the 2050 Census. Then, the bill requires the 
Comptroller General to ``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.''\17\ The 
bill then places all ``operational, statistical, and technical 
decisions'' in the hands of an unaccountable Census Bureau 
director, who cannot be removed other than for cause based on 
``inefficiency, neglect of duty, or malfeasance in office,'' or 
an unaccountable career official acting as director.\18\ Either 
a director or an acting director could readily assert his or 
refusal to include a citizenship question in the census. They 
could even refuse to ``research[], stud[y], and test[] it 
according to established statistical policies and 
procedures''--which policies and procedures, moreover, it would 
be up to them to ``establish.''
---------------------------------------------------------------------------
    \16\H.R. 8326, sec. 3.
    \17\Id.
    \18\Id. at subsecs. 2(b)-(c).
---------------------------------------------------------------------------
    Rep. Biggs offered an amendment at markup to assure a 
citizenship question would be included in future censuses and 
apportionment of congressional districts would occur according 
to the number of citizens in each state. That amendment, 
however, like Rep. Hice's, was rejected on a party-line 
vote.\19\
---------------------------------------------------------------------------
    \19\Amend. offered by Rep. Andy Biggs (R-AZ) to H.R. 8326 to assure 
a citizenship question would be included in future censuses (July 14, 
2022).
---------------------------------------------------------------------------

                            III. CONCLUSION

    Committee Republicans oppose H.R. 8326.

                                   James Comer,
                                           Ranking Member, Committee on 
                                               Oversight and Reform.

                                  [all]