Census Improvement Act - Prohibits any organization that has been indicted for a violation of law relating to an election for federal or state office or that employs or otherwise uses the services of an individual who has been indicted for such a violation from participating in the Planning Partnership Program for the 2010 census of population.
Provides that no bill, joint resolution, amendment, or conference report containing a provision which would have the effect of limiting the application of provisions regarding the confidentiality of census information shall be considered as passed or agreed to by either chamber of Congress except by a vote of at least two-thirds of the Members voting.
Requires: (1) the Secretary of Commerce to submit to the Government Accountability Office (GAO) a copy of each question proposed to be included in the 2010 census and the American Community Survey; (2) GAO to review and report to Congress on such questions; and (3) the Secretary to include his or her views on, and GAO to specifically address, the reasons for each question, the purposes for which the information obtained is likely to be used, alternative means by which the same information could be obtained, and the relative advantages and disadvantages of obtaining the information through a census or survey.
Prohibits any person conducting the Survey or 2010 census from seeking answers to any questions relating to a household or any member of such household from any person who is not a member of that household.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3582 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3582
To make organizations which have been indicted for violations of
Federal or State law relating to elections for public office ineligible
to participate in the Planning Partnership Program for the 2010 census
of population, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 16, 2009
Mrs. Bachmann (for herself, Mr. Marchant, Ms. Foxx, Mr. Herger, Ms.
Fallin, Mr. Bartlett, Mrs. Lummis, Mr. Gingrey of Georgia, Mr. Austria,
Mr. Kingston, Mr. Manzullo, Mr. Neugebauer, Mr. Shadegg, Mr. Gohmert,
Mr. Culberson, Mr. Pitts, Mr. Hensarling, Mr. Scalise, and Mr.
Alexander) introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committee on Rules, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To make organizations which have been indicted for violations of
Federal or State law relating to elections for public office ineligible
to participate in the Planning Partnership Program for the 2010 census
of population, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Census Improvement Act''.
SEC. 2. LIMITATION ON ELIGIBILITY TO PARTICIPATE IN PLANNING
PARTNERSHIP PROGRAM FOR THE 2010 CENSUS.
(a) In General.--Participation in the Planning Partnership Program
for the 2010 census of population shall not be allowed in the case of--
(1) an organization which has been indicted for a violation
under Federal or State law relating to an election for Federal
or State office; or
(2) an organization which employs applicable individuals.
(b) Applicable Individual Defined.--For purposes of this section,
the term ``applicable individual'' means an individual who--
(1) is--
(A) employed by the organization in a permanent or
temporary capacity;
(B) contracted or retained by the organization; or
(C) acting on behalf of, or with the express or
apparent authority of, the organization; and
(2) has been indicted for a violation under Federal or
State law relating to an election for Federal or State office.
(c) State Defined.--For purposes of this section, the term
``State'' includes the District of Columbia.
SEC. 3. TWO-THIRDS VOTE REQUIRED TO REPEAL OR OTHERWISE LIMIT
PROVISIONS RELATING TO CONFIDENTIALITY OF CERTAIN
INFORMATION.
(a) Rulemaking Power.--The succeeding provisions of this section
are enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
shall be deemed a part of the rules of each House,
respectively, and shall supersede other rules only to the
extent that they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House.
(b) Voting Requirement.--No bill or joint resolution, amendment, or
conference report containing a provision which would have the effect of
repealing, suspending, or otherwise limiting the application of section
9 of title 13, United States Code (relating to information as
confidential; exception) shall be considered as passed or agreed to, by
either House of Congress, unless so passed or agreed to by a vote of
not less than two-thirds of the Members of such House voting.
SEC. 4. REVIEW AND REPORT TO CONGRESS.
(a) In General.--Not later than 6 months after the deadline for the
submission described in subsection (c), the Government Accountability
Office shall review and report to Congress on the questions proposed to
be included in the 2010 census of population and the American Community
Survey (next scheduled to be carried out after the end of the 6-month
period beginning after the date of the enactment of this Act).
(b) Requirements.--In carrying out this section, the Government
Accountability Office shall specifically address--
(1) the reasons for each question proposed to be included
in the survey or census and the purposes for which the
information obtained from respondents is likely to be used;
(2) alternative means by which the same information could
be obtained other than by inclusion in such census or survey,
as the case may be; and
(3) the relative advantages and disadvantages of obtaining
the information through a census or survey (as the case may be)
as compared to the alternative means referred to in paragraph
(2).
(c) Submission of Questions.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Commerce shall submit to
the Government Accountability Office--
(1) a copy of each question proposed to be included in the
upcoming American Community Survey (as described in subsection
(a)) and the 2010 census of population; and
(2) with respect to each question under paragraph (1), the
views of the Secretary of Commerce (or designee) with respect
to paragraphs (1) through (3) of subsection (b).
SEC. 5. PRACTICE OF SEEKING ANSWERS TO SURVEY OR CENSUS QUESTIONS FROM
NON-HOUSEHOLD MEMBERS NO LONGER ALLOWED.
(a) In General.--Notwithstanding any other provision of law, no
officer, employee, or other person referred to in subchapter II of
chapter 1 of title 13, United States Code, may, in the conduct of the
American Community Survey or the 2010 census of population, seek
answers to any questions relating to any household or any member of
such household from any person who is not a member of such household.
(b) Implementation.--The Secretary of Commerce shall take such
measures as may be necessary to provide for the implementation of
subsection (a).
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``census of population'' has the meaning given
such term by section 141(g) of title 13, United States Code;
and
(2) the term ``Member'' means a Member of Congress, as
defined by section 2106 of title 5, United States Code.
<all>
Introduced in House
Introduced in House
Referred to House Oversight and Government Reform
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Rules
Referred to the Subcommittee on Information Policy, Census, and National Archives.
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