Ensuring a Fair and Accurate Census Act
Summary
This is House Report 117-456 of the 117th Congress, 2d Session, titled Ensuring a Fair and Accurate Census Act, from the Committee on Oversight and Reform, together with minority views, committed to the Committee of the Whole House on the State of the Union and ordered to be printed September 9, 2022. Mrs. Carolyn B. Maloney of New York reports on H.R. 8326, to amend title 13, United States Code, to improve the operations of the Bureau of the Census, which the Committee reports favorably with an amendment and recommends that the bill as amended do pass. The amendment text provides for budget requests, for-cause removal of the Director, and a career Deputy Director of the Bureau.
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“Ensuring a Fair and Accurate Census Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt456-crpt-117hrpt456/
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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 im-
prove 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
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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:
‘‘§ 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 Over-
sight and Reform of the House of Representatives, the Committee on Homeland Se-
curity and Governmental Affairs of the Senate, the Committees on the Budget of
the House of Representatives and the Senate, and the Committees on Appropria-
tions 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 ap-
pointee (as that term is defined in section 3132(a)(4) of such title) at any agen-
cy. 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, statis-
tics, or data science.
‘‘(2) FUNCTIONS.—The Deputy Director shall perform such functions as the Di-
rector shall designate. During any absence or disability of the Director, the Dep-
uty 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 Direc-
tor 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 ex-
clusive means of designating an acting Director.
‘‘(e) ADVISORY COMMITTEES.—
‘‘(1) GENERAL AUTHORITY.—In accordance with the Federal Advisory Com-
mittee Act (5 U.S.C. App.), and subject to paragraph (2), the Director may es-
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tablish advisory committees to provide advice with respect to the mission of the
Bureau. Members of any such committee, including a committee established
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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 QUAL-
ITY 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 Bu-
reau decennial census products.
‘‘(B) NATIONAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY COM-
MITTEE.—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, re-
spectively, or any subsequent charters. Such advisory committees shall op-
erate 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 insert-
ing 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 perma-
nent’’; 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 QUES-
TIONS.—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 Ac-
curate Census Act and biannually thereafter, the Secretary shall submit to
Congress a report that—
‘‘(i) describes each component of the operational plan for the subse-
quent decennial census of population; and
‘‘(ii) includes a detailed statement on the status of all research, test-
ing, 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 sub-
mits a report under subparagraph (A), the Secretary shall publish the re-
port on the public internet website of the Bureau.
‘‘(3) SECRETARY CERTIFICATION.—
‘‘(A) IN GENERAL.—The Secretary, upon the date of submission of the re-
port required by subsection (f)(2), shall submit, to the committees of Con-
gress having legislative jurisdiction over the census, a certification stating
that any question that has not appeared on the previous two decennial cen-
suses has been researched, studied, and tested according to established sta-
tistical 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
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States shall review such certification and submit a report to Congress on
whether the questions to be included in the census have been researched,
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studied, and tested according to established statistical policies and proce-
dures.’’; 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 there-
after, 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 vari-
ables.
‘‘(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 pop-
ulation is taken under this section, and on the date such annual budget is sub-
mitted 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 Com-
mittee on Oversight and Reform of the House of Representatives, the Com-
mittee on Homeland Security and Governmental Affairs of the Senate, and the
Committees on Appropriations of the House of Representatives and the Sen-
ate.’’.
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 polit-
ical 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 rep-
resentation 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 Com-
mittee 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
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Chairwoman Maloney’s November 12, 2019, memorandum for
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Members.1 On July 20, 2022, Chairwoman Maloney sent a memo-
randum to Members of the Committee on Oversight and Reform
with additional information and findings from the Committee’s in-
vestigation.2
The Committee’s investigation exposed how a group of political
appointees sought to use the census to advance an ideological agen-
da 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 offi-
cials about the dangers of adding a citizenship question to the cen-
sus. On January 19, 2018, the Census Bureau’s chief scientist, Dr.
John Abowd, wrote to Commerce Secretary Wilbur Ross that ‘‘add-
ing 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 ad-
ministrative sources.’’ 3
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.
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 ‘‘sub-
jects’’ to be included on the decennial census three years in ad-
vance, 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
When the Supreme Court struck down the Trump Administra-
tion’s illegal attempt to add a citizenship question to the 2020 Cen-
sus, Chief Justice John Roberts observed that the Trump Adminis-
tration’s stated rationale for including the citizenship question—to
help enforce the Voting Rights Act (VRA)—‘‘seems to have been
1 Committee on Oversight and Reform, Resolution Recommending that the House of Represent-
atives Find William P. Barr, Attorney General of the United States, and Wilbur L. Ross, Jr., Sec-
retary 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 Ques-
tion Since House Held Attorney General Barr and Commerce Secretary Ross in Contempt of Con-
gress (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).
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).
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
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%20Ross.pdf).
5 See 13 U.S.C. § 141 (f)(1).
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contrived.’’ The Committee obtained documents showing Chief Jus-
tice 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, con-
trary 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 Cen-
sus, and the steps Commerce officials took to justify Secretary
Ross’s efforts to add the question. They also make clear that Presi-
dent 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 communica-
tions between Trump Administration lawyers and political ap-
pointees—shed additional light on the depth of partisan manipula-
tion in the 2020 Census, including senior officials’ focus on using
a citizenship question to alter apportionment counts and their ille-
gal attempt to develop a pretext.
Investigative work by the Committee also revealed efforts by po-
litical appointees to rush to complete processing of census data be-
fore President Trump left office—despite repeated warnings from
career staff that this could lead to serious data errors and com-
promise the integrity of the census count.6
The factual findings from the Committee’s investigation reveal
the vulnerability of our national statistical system to partisan ma-
nipulation and highlight the need for Congress to protect the con-
stitutionally 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 Bu-
reau released data showing that show the 2020 Census under-
counted 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 under-
counted at three times the rate at which they were undercounted
in the 2010 Census.8
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 pro-
tect the Census Bureau and its career employees from political ma-
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).
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 meas-
ures to curb political influence on the census’’ and ‘‘new, judicially enforceable reporting obliga-
tions 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
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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).
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nipulation 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 Cen-
sus 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 re-
quired to submit the budget of the Census Bureau to the appro-
priate 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 re-
quired 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 ques-
tions 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 Cen-
sus Bureau, appointed by both Democratic and Republican presi-
dents—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 in-
tegrity of the scientific mission at the Census Bureau.’’ Having ob-
served 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 direc-
tors concluded: ‘‘Trust in the nation’s official data is essential to the
democracy and the economy, and this legislation will undergird
that trust.’’ 9
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 be-
ginning with the budget request submitted to the President for fis-
9 Statement by Former U.S. Census Bureau Directors in Support of House Legislation ‘‘Ensur-
ing a Fair and Accurate Census Act’’ (July 12, 2022) (online at https://oversight.house.gov/sites/
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democrats.oversight.house.gov/files/Statement%20by%20Former%20Directors%207.12.22%20on
%20Census%20Reform%20Bill_0.pdf).
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8
cal 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 simulta-
neously transmit this estimate to the appropriate congressional
committees, including the Committee on Oversight and Reform of
the House of Representatives, the Committee on Homeland Secu-
rity 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 pro-
vide 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, ap-
pointed 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 includ-
ing, demography, economics, survey methodology, statistics, or data
science.
Subsection (c) also provides that the Deputy Director will per-
form 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 estab-
lish 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, respec-
tively, or subsequent charters; and the 2030 Census Advisory Com-
mittee, which shall be established in a manner similar to the 2010
Census Advisory Committee and with no more than 20 member or-
ganizations to address policy, research, and technical issues per-
taining to the design and administration of the 2030 decennial cen-
sus 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
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more other appointees.
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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 sub-
mitted to Congress by the Secretary describing the operational
plans and status of the Bureau’s comprehensive plan for the decen-
nial census. The report would be required to be published on the
Bureau’s website.
Third, this section would require the Secretary to submit a cer-
tification to the appropriate congressional committees two years
prior to a decennial census confirming that any new questions ap-
pearing on a decennial questionnaire have been researched, stud-
ied, and tested according to established statistical policies and pro-
cedures. Not later than six months after the submission of the cer-
tification 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 require-
ments, or costs during the lifecycle and an explanation of budg-
etary 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 in-
troduced 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 En-
suring a Fair and Accurate Census Act. The bill was ordered re-
ported, 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 sub-
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stitute was agreed to by voice vote. The amendment offered by Rep.
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10
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.
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11
COMMITTEE ON OVERSIGHT AND REFORM
117TH CONGRESS
RATIO 25-20
ROLL CALL
Vote on: Rep. Hice Amendment to the ANS to H.R. 8326, the Ensuring a Fair and Accurate Census Act
Date: 7-20-22 VOTE#: 8
\ ,, ,, : < ,,. 'A,
(NY) MR. COMER (KY)
X /Rankina Memben X
·~-- X MR. JORDAN /OH\
X
MR. LYNCH " ' " X MS. FOXX /NC\
X
MR COOPER /TN\ X MR. HICE (GA)
X
MR. CONNOLLY ('I Al X MR. GROTHMAN /WI\
X
X MR. CLOUD mn
"" "' X
MR. RASKIN IMr>l X MR. GIBBS /OH\
X
MR. KHANNA ICA\ X MR. HIGGINS /LA\
X
X MR. NORMAN /SC\
MS. OCASIO-CORTEZ /NYl X MR. SESSIONS /TXl
X
MS. TLAIB /Mil X MR. KELLER (PAl
X
MS. PORTER (CA) X MR. BIGGS (AZ)
X
MS. BUSH (MO) X MR. CL YOE (GA)
X
MS BROWN IOHl X MS. MACE /SC)
X
MR. 11AVIS Ill l X MR FRANKLIN IFL)
X
MS WAS!SERMAN <lCHULT7 ll'L\ X MR ATURNl'R IKS\
X
MR W"LC:H NT\ X MR. FALLON /TX\
X
MR JOHN""" " ' " X MS. HERRELL /NM)
X
MR. SARBANES (MO) X MR DONALDS {FL)
X
MS. SPEIER (CA) X MR FLOOD (NE)
MS. KELLY {IL) X
MS, LAWRENCE {Ml) X
MR OESAULNIER (CA) X
MR. GOMEZ /CAI X
/MA\ X
Roll Call Totals: Ayes: 18 Nays: 25 Present:
Passed: (REVISED 1~25-2022)
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12
COMMITTEE ON OVERSIGHT AND REFORM
117TH CONGRESS
RATIO 25-20
ROLL CALL
Vote on: Rep. Biggs Amendment to the ANS to H.R. 8326, the Ensuring a Fair and Accurate Census Act
Date; 7-20-22
. . · .. ..
VOTE #: 9
(NY) MR. COMER (KY)
X /Rankina Membeil X
; "" """'TON /DC\ X MR. JORDAN (OH)
X
MR LYNCH /MA\ X MS. FOXX (NC)
X
MR. COOPER /TN) X MR. HICE (GA)
X
MR. CONNOLLY (VA) X MR. GROTHMAN {Wll
X
,m Ill\ X MR. CLOUD ITXl
X
MR RASKIN IMO\ X MR. GIBBS /OHl
X
MR. KHANNA /CA\ X MR. HIGGINS (LAl
X
MR. MFUME /MD\ X MR. NORMAN (SC)
MS. OCASIO-CORTEZ (NY) X MR. SESSIONS (TX)
X
MS. TLAIB (Ml) X MR. KELLER (PA)
X
MS. PORTER /CA! X MR. BIGGS {AZ)
X
MS. BUSH IMO\ X MR. CLYDE /GA\
X
MS. BROWN IOHl X MS. MACE /$Cl
X
MR DAVIS/IL\ X MR. FRANKLIN /FL\
X
~ASSERMANSCHULTZIFI\ X MR. I ATURNl'R IKSl
X
I uo WELCH NTl X MR. FALLON ITXl
X
MR '""NSON m A\ X MS. HERRELL /NMl
X
MR. SARBANES IMO\ X MR. DONALDS /FL\
X
MS. SPEIER ICAl X MR. FLOOD /NE\
MS. KELLY (IL\ X
MS. LAWRENCE /Ml\ X
MR. DESAULNIER /CAl X
MR. GOMEZ ICA\ X
X
Roll Call Totals; Ayes: 18 Nays: 25 Present:
Passed: _ _ __ Failed: _ _X_ _ {REVISED 1-25-2022)
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13
COMMITTEE ON OVERSIGHT ANO REFORM
117TH CONGRESS
RATIO 25,20
ROLL CALL
Vote on: H,R. 8326, the Ensuring a Fair and Accurate Census Act, Final Passage, as amended
Date· 7,20-22 VOTE#· 10
,' ::
MS. MALONEY (NY) MR COMER (KY)
/Chairwoman! X ( Rank/no Member, X
X
MS, MC>RTON IDf'\ X MR JORDAN (OH)
X
MR I YN"H IMA\ X MS, FOXX {NC\
X
M" COQP!CR ITN\ X MR HICE{GA\
X
MR CONNOLLY NA\ X MR GROTHMAN {WI\
X
,m '"Ill\ X MR CLOUD /TX)
X
MR RASKIN IMO\ X MR GIBBS (OHl
X
Ma, KHA"'"'A IC°' X MR HIGGINS /LA\
X
MR MFUM" 1MD\ X MR NORMAN (SC)
MS, OCASIO-CORTEZ INY\ X MR SESSIONS (TX)
X
MS, TLAIB /Mil X MR. KELLER {PA)
MS, PORTER ICA\ X MR BIGGS IA2\
X
MS, BUSH IMO\ X MR CLYDE fGA\
X
MS, BRClWN IOH\ X MS, MACE /SCI
X
MR. DAVIS ill\ X MR FRANKLIN /FL\
X
lSCHIIIT71FLI X MR. IATIIRNFR /KS\
MR WELCH IVTI X MR FALLON /TX\
X
MR JOHNSON /GAi X MS. HERRELL /NMl
X
MR SARBANES /MDI X MR DONALDS {FL)
X
MS, SPEIER /CA\ X MR FLOOD /NE\
MS. KELLY /ILl X
MS. LAWRENCE /Mil X
MR DESAULNIER ICAl X
MR GOME7 /CAI X
X
Roll Call Totals: Ayes: 25 Nays: 17 Present:
Failed:
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14
EXPLANATION OF AMENDMENTS
During Committee consideration of the bill, Chairwoman Malo-
ney (D–NY), offered an amendment to H.R. 8326 that clarified the
establishment of advisory committees and required lifecycle fund-
ing 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 ca-
reer 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 sta-
tus 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-Sec-
retary 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 Commu-
nities.’’
On July 24, 2019, the Subcommittee on Civil Rights and Civil
Liberties held a hearing on ‘‘Beyond the Citizenship Question: Re-
pairing the Damage and Preparing to Count ‘We the People’ in
2020.’’
On January 20, 2020, the Committee held a hearing on ‘‘Reach-
ing 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 ‘‘Pro-
viding the Census Bureau with the Time to Produce a Complete
and Accurate Census.’’
On December 3, 2020, the Committee held a hearing on ‘‘Ensur-
ing 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 Ari-
zona and Threats to American Democracy.’’
On March 1, 2022, the Committee held a hearing on ‘‘From Re-
cession 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 Commit-
tee’s oversight findings and recommendations are reflected in the
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Background and Need for Legislation section above.
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15
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 pub-
lic services and accommodations. This bill does not relate to em-
ployment 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 Govern-
ment known to be duplicative of another Federal program, a pro-
gram that was included in any report from the Government Ac-
countability 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 mak-
ings within the meaning of section 551 of title 5, U.S.C.
FEDERAL ADVISORY COMMITTEE ACT
The Committee finds that this legislation directs the establish-
ment 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 re-
ceived 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 Congres-
sional Budget Act of 1974.
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16
NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE
COST ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the House of Represent-
atives, 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 omit-
ted 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
ø21. Director of the Census; duties.¿
21. Director of the Census; Deputy Director; advisory committees.
* * * * * * *
SUBCHAPTER I—GENERAL PROVISIONS
* * * * * * *
§ 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 esti-
mate to the Committee on Oversight and Reform of the House of
Representatives, the Committee on Homeland Security and Govern-
mental 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.
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* * * * * * *
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17
SUBCHAPTER II—OFFICERS AND EMPLOYEES
§ 21. Director of the Census; øduties¿ Deputy Director; advi-
sory 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 ad-
vice and consent of the Senate, without regard to political af-
filiation.
(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 ap-
pointed 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 re-
moved from office by the President only for inefficiency, neglect
of duty, or malfeasance in office. The President shall commu-
nicate 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 para-
graph (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.
ø(c) DUTIES.—The Director shall perform such duties as may be
imposed upon the Director by law, regulations, or orders of the Sec-
retary.¿
(c) DUTIES.—
(1) IN GENERAL.—The Director shall perform such duties as
may be imposed upon the Director by law, regulations, or or-
ders of the Secretary. The Director shall report directly to the
Deputy Secretary of Commerce.
(2) DECENNIAL CENSUS.—Any operational, statistical, or tech-
nical 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 Dep-
uty 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 ap-
pointee (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
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work of the Bureau, and possess experience in relevant fields,
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18
including demography, economics, survey methodology, statis-
tics, 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 Direc-
tor.
(3) VACANCY.—In the event of a vacancy in the office of Direc-
tor, or when the Director is absent or unable to serve, the Dep-
uty 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 Dep-
uty 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 para-
graph (2), the Director may establish advisory committees to
provide advice with respect to the mission of the Bureau. Mem-
bers 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 ap-
point a committee, to be known as the ‘‘Advisory Committee
on Statistical Quality Standards’’, composed of five mem-
bers to review and provide recommendations on the statis-
tical quality standards of the Bureau that guide the pro-
duction and release of all Bureau decennial census prod-
ucts.
(B) NATIONAL ADVISORY COMMITTEE AND SCIENTIFIC AD-
VISORY COMMITTEE.—There are hereby established the Bu-
reau 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.
§ 22. Qualifications of permanent personnel
øAll 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 Direc-
tor and not more than two other positions.
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* * * * * * *
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19
CHAPTER 5—CENSUSES
* * * * * * *
SUBCHAPTER II—POPULATION, HOUSING, AND
UNEMPLOYMENT
§ 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, in-
cluding the use of sampling procedures and special surveys. In con-
nection 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 Representa-
tives in Congress among the several States shall be completed
within 9 months after the census date and reported by the Sec-
retary 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 de-
veloped 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 Sec-
retary 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 re-
solved by the Secretary, and in all cases he shall have final author-
ity 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 responsi-
bility for legislative apportionment or districting of such State, ex-
cept 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 con-
tent as he may determine, including the use of sampling proce-
dures 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
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other statistical studies. The census shall be taken as of the first
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20
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 con-
ducted 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 decen-
nial 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 con-
ducted under subsection (a) or (d) of this section, the Secretary
shall submit to the committees of Congress having legislative juris-
diction over the census—
(1) not later than 3 years before the appropriate census date,
a report containing the Secretary’s determination of the sub-
jects 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 ques-
tions 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 re-
ports so submitted be modified, a report containing the Sec-
retary’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 INFORMA-
TION, AND QUESTIONS.—In the 2030 decennial census of popu-
lation 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 bian-
nually 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
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Bureau’s comprehensive plan for the decennial census.
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(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 sub-
mission of the report required by subsection (f)(2), shall
submit, to the committees of Congress having legislative ju-
risdiction over the census, a certification stating that any
question that has not appeared on the previous two decen-
nial censuses has been researched, studied, and tested ac-
cording to established statistical policies and procedures.
(B) GAO REVIEW.—Not later than 6 months after the Sec-
retary 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 re-
searched, studied, and tested according to established sta-
tistical 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 esti-
mate 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 sec-
tion, 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 require-
ments, or costs throughout the lifecycle.
(C) An explanation of any differences in budgetary re-
sources between the amount requested in the President’s an-
nual budget request and the lifecycle cost estimate, as up-
dated by this paragraph.
(3) COMMITTEES.—The committees described in this para-
graph 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 Ap-
propriations of the House of Representatives and the Senate.
ø(g)¿ (i) DEFINITION.—As used in this section, ‘‘census of popu-
lation’’ means a census of population, housing, and matters relating
to population and housing.
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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 offi-
cials—i.e., those who are best positioned to assure a census the vot-
ers will regard as fair and accurate. The bill also severely con-
strains the ability of future censuses to include important new
questions, such as a citizenship question. Indeed, the bill is pri-
marily 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 gov-
ernment ‘‘of the people, by the people, for the people.’’ 1 Account-
ability of the government to the voters is the bedrock for assuring
our federal government acts fairly, accurately and in the best inter-
est of the people. Whenever that accountability is diminished, the
door is opened to a government that acts at the whim of govern-
ment officials—not in the interests of the voters. Yet, rather than
strengthen government accountability, H.R. 3826 radically and ir-
responsibly weakens it at the Census Bureau.
First, the bill shields the Census Bureau’s director from full ac-
countability to the President and his or her administration’s leader-
ship 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, sta-
tistical 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.
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 in-
clude, of course, leading the Bureau by making all operational, sta-
tistical or technical decisions about the census.
1 President Abraham Lincoln, Gettysburg Address (Nov. 19, 1863).
2 H.R. 8326, para. 2(b)(1).
3 Id., para. 2(c)(2).
4 Id., subpara. 2(c)(1)(B).
5 See id.
(22)
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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.
Government Operations Subcommittee Ranking Member Hice of-
fered an amendment to cure all of these problems at the Commit-
tee’s markup of this bill. That amendment, however, was rejected
on a party-line vote.7
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 Cen-
sus Bureau revealed that its Post-Enumeration Survey suggested
there were significant undercounts and overcounts in at least four-
teen states.10 These mistaken counts could have impacted the ap-
portionment 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.
II. H.R. 8326 ULTIMATELY SERVES AS A VEHICLE TO ENSURE A CITIZEN-
SHIP 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 at-
tempt 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 de-
termined 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 pre-
vious censuses.14 Nevertheless, the Trump Administration ulti-
mately left the question out of the 2020 Census.15
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 as-
6 Id., subsec. 2(d).
7 Amend. offered by Rep. Jody Hice (R–GA) to H.R. 8326 striking provisions reducing the ac-
countability of the Census Bureau and other Bureau officials (July 14, 2022).
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).
12 See., e.g., Howard Husock, Who’s Counting Whom? Trump Should Win the Census and Citi-
zenship 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 Cen-
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sus, Wall Street Journal (July 11, 2019).
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sured that each citizen is guaranteed equal representation in Con-
gress.
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 Sec-
retary 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 es-
tablished 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 re-
searched, 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 unaccount-
able 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 Ei-
ther a director or an acting director could readily assert his or re-
fusal to include a citizenship question in the census. They could
even refuse to ‘‘research[ ], stud[y], and test[ ] it according to estab-
lished statistical policies and procedures’’—which policies and pro-
cedures, moreover, it would be up to them to ‘‘establish.’’
Rep. Biggs offered an amendment at markup to assure a citizen-
ship question would be included in future censuses and apportion-
ment of congressional districts would occur according to the num-
ber of citizens in each state. That amendment, however, like Rep.
Hice’s, was rejected on a party-line vote.19
III. CONCLUSION
Committee Republicans oppose H.R. 8326.
JAMES COMER,
Ranking Member, Committee
on Oversight and Reform.
Æ
16 H.R. 8326, sec. 3.
17 Id.
18 Id. at subsecs. 2(b)–(c).
19 Amend. offered by Rep. Andy Biggs (R–AZ) to H.R. 8326 to assure a citizenship question
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would be included in future censuses (July 14, 2022).
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