H.R. 8326House117th Congress (2021-2023)Passed House

Ensuring a Fair and Accurate Census Act

Introduced July 11, 2022

AI-Generated Summary

Updated February 8, 2026 at 4:31 PM UTC

The Ensuring a Fair and Accurate Census Act amends Title 13 to strengthen the Census Bureau’s planning, leadership, and accountability. It adds new budgeting rules, creates a Deputy Director and equity official, and expands advisory committees. The changes affect the Census Bureau, the Secretary of Commerce, and Congress by requiring more detailed cost estimates, reporting, and oversight of census operations and questions.

Key Provisions

  • Requires the Census Director to include five‑year cost estimates in budget requests and submit them to key congressional committees
  • Redefines the Director’s duties, making the Director report to the Deputy Secretary of Commerce and giving the Director sole authority over decennial census decisions
  • Creates a career Deputy Director position and a Census equity official to focus on racial and ethnic equity in census participation
  • Allows the Director to establish advisory committees, including statistical quality, scientific, racial/ethnic, and a 2030 census advisory committee
  • Limits new census questions by requiring prior submission to Congress, mandates biannual reports and public posting, and requires certification and GAO review of any new questions
  • Mandates lifecycle cost estimates for each decennial census, with updates tied to the President’s budget and reporting to congressional committees
  • Requires a report within 180 days on local‑level data use and field operations, including progress on GAO recommendations

Legislative Activity

Stay on top of the latest movement without scrolling through every action

30 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

September 19, 2022

View full timeline
HouseIntro Referral

Introduced in House

July 11, 2022

HouseIntro Referral

Referred to the House Committee on Oversight and Reform.

July 11, 2022

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 14, 2022

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 20, 2022

HouseCommittee

Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 25 - 17.

July 20, 2022

HouseCommittee

Reported (Amended) by the Committee on Oversight and Reform. H. Rept. 117-456.

September 9, 2022

HouseCalendars

Placed on the Union Calendar, Calendar No. 353.

September 9, 2022

HouseFloor

Rules Committee Resolution H. Res. 1339 Reported to House. Rule provides for consideration of H.R. 302, H.R. 2988 and H.R. 8326. Rule provides for one hour of general debate each for H.R. 302, H.R. 2988, and H.R. 8326. Rule also provides for one motion to recommit on each bill.

September 13, 2022 • 2:35 PM

HouseFloor

Rule H. Res. 1339 passed House.

September 14, 2022 • 3:02 PM

HouseFloor

Considered under the provisions of rule H. Res. 1339. (consideration: CR H7833-7840; text: CR H7837-7838)

September 14, 2022 • 4:42 PM

HouseFloor

Rule provides for consideration of H.R. 302, H.R. 2988 and H.R. 8326. Rule provides for one hour of general debate each for H.R. 302, H.R. 2988, and H.R. 8326. Rule also provides for one motion to recommit on each bill.

September 14, 2022 • 4:43 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1339 and Rule XVIII.

September 14, 2022 • 4:43 PM

HouseFloor

The Speaker designated the Honorable Earl Blumenauer to act as Chairman of the Committee.

September 14, 2022 • 4:43 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 8326.

September 14, 2022 • 4:43 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 1339, the Committee of the Whole proceeded with 20 minutes of debate on the Danny K. Davis en bloc amendment.

September 14, 2022 • 5:10 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Danny K. Davis en bloc amendment, the Chair put the question on the amendment and by voice vote, announced that the ayes had prevailed. Mr. Comer demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

September 14, 2022 • 5:16 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 1339, the Committee of the Whole proceeded with 10 minutes of debate on the Hice (GA) amendment No. 2.

September 14, 2022 • 5:17 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Hice (GA) amendment, the Chair put the question on the amendment and by voice vote, announced that the noes had prevailed. Mr. Hice (GA) demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.

September 14, 2022 • 5:24 PM

HouseFloor

Mr. Davis, Danny K. moved that the committee rise.

September 14, 2022 • 5:24 PM

HouseFloor

On motion that the committee rise Agreed to by voice vote.

September 14, 2022 • 5:25 PM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 8326 as unfinished business.

September 14, 2022 • 5:25 PM

HouseFloor

Considered as unfinished business. (consideration: CR H7858-7860)

September 15, 2022 • 2:40 PM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

September 15, 2022 • 2:41 PM

HouseFloor

UNFINISHED BUSINESS - The Chair announced that the unfinished business was on agreeing to amendments, which had been debated earlier and on which further proceedings had been postponed.

September 15, 2022 • 2:41 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 8326.

September 15, 2022 • 3:07 PM

HouseFloor

The previous question was ordered pursuant to the rule.

September 15, 2022 • 3:08 PM

HouseFloor

The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.

September 15, 2022 • 3:09 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 435).

September 15, 2022 • 3:18 PM

HouseFloor

On passage Passed by the Yeas and Nays: 220 - 208 (Roll no. 435).

September 15, 2022 • 3:18 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 15, 2022 • 3:18 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

September 19, 2022

Floor Debate

12 members

What members said about H.R. 8326 on the floor

5 Republicans7 Democrats
Troy A. Carter
Rep. Troy A. CarterD-LA-2 · Sep 19, 2022

Madam Speaker, a huge thank you to our incredible leader, my neighbor, my friend, my colleague, my leader, the honorable Congresswoman Sheila Jackson Lee, who has the pulse of our country firmly in…

Jamie Raskin
Rep. Jamie RaskinD-MD-8 · Sep 14, 2022

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1339 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Andy Barr
Rep. Andy BarrR-KY-6 · Sep 14, 2022

Mr. Speaker, I thank the gentleman from Pennsylvania (Mr. Reschenthaler) for yielding. I rise to oppose the previous question so that we can immediately consider Representative French Hill's H.R.…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 19, 2022

Madam Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include any extraneous material on the subject of this Special Order. Madam…

Guy Reschenthaler
Rep. Guy ReschenthalerR-PA-14 · Sep 14, 2022

Mr. Speaker, I thank the distinguished gentleman and my good friend from Maryland for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, the rule before…

Show 8 more
Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-12 · Sep 14, 2022

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 8326. Mr. Chair, I yield myself…

James Comer
Rep. James ComerR-KY-1 · Sep 14, 2022

Mr. Chair, I yield myself such time as I may consume. Today, Americans continue to face several crises created by the Biden administration: Sky-high inflation, painfully high gas prices, and supply…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Sep 14, 2022

Mr. Chairman, I thank the chairwoman for her outstanding leadership of this committee. It has been a pleasure to serve with you and under you and know that your interests go far beyond anything that…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Sep 19, 2022

Madam Speaker, I thank the gentlewoman for yielding, and I thank her for her good work. Madam Speaker, the people, the American people deserve a government that puts people over politics and protects…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Sep 14, 2022

Mr. Chair, I rise in strong support of H.R. 8326, the Ensuring a Fair and Accurate Census Act, and thank you for bringing this vital legislation to the floor today. I applaud the Committee on…

Andy Biggs
Rep. Andy BiggsR-AZ-5 · Sep 14, 2022

Mr. Chair, I rise in opposition to this bill. The intention of this bill is clear: It is to prevent a future Republican President from adding a citizenship question to the United States Census. And…

Jody B. Hice
Rep. Jody B. HiceR-GA-10 · Sep 14, 2022

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. With all due respect, this bill will do anything but ensure a fair and accurate Census.…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Sep 14, 2022

Mr. Chair, I rise today in support of H.R. 8326, the Ensuring a Fair and Accurate Census Act. When Democrats took majority in the House in 2018, I was asked what our top oversight projects were going…

Show 1 more
Andy Biggs
Rep. Andy BiggsR-AZ-5 · Sep 15, 2022

Mr. Speaker, on that I demand the yeas and nays.

Bill Text

4 versions available

Reading Mode
Latest
Referred in SenateIssued September 19, 2022

IIB

117th CONGRESS

2d Session

H. R. 8326

IN THE SENATE OF THE UNITED STATES

September 19, 2022

Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs

AN ACT

To amend title 13, United States Code, to improve the operations of the Bureau of the Census, and for other purposes.

1.

Short title

This Act may be cited as the Ensuring a Fair and Accurate Census Act.

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 Director shall include in such request to the Secretary the estimated costs of carrying out the duties of the Bureau during the five-year period beginning on the fiscal year covered by such request.

(b)

On the date that the estimate of costs is submitted to the Secretary under subsection (a), the Director shall submit such estimate to the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committees on the Budget of the House of Representatives and the Senate, and the Committees on Appropriations of the House of Representatives and the Senate.

.

(2)

Clerical amendment

The table of sections for such subchapter is amended by inserting after the item relating to section 13 the following new item:

14. Budget requests.

.

(b)

Duties

Section 21(c) of title 13, United States Code, is amended to read as follows:

(c)

Duties

(1)

In general

The Director shall perform such duties as may be imposed upon the Director by law, regulations, or orders of the Secretary. The Director shall report directly to the Deputy Secretary of Commerce.

(2)

Decennial census

Any operational, statistical, or technical decision for any decennial census of population may be made only by the Director.

.

(c)

Advisory committees; Deputy Director

(1)

In general

Section 21 of title 13, United States Code, as amended by subsection (b), is further amended—

(A)

in the section heading, by striking duties and inserting Deputy Director; advisory committees; and

(B)

by adding at the end the following:

(d)

Deputy Director

(1)

In general

There shall be in the Bureau a single Deputy Director of the Bureau, to be appointed by the Director. The position of Deputy Director shall be a career reserved position (as that term is defined in section 3132(a)(8) of title 5). The Deputy Director shall be selected from among any career appointee (as that term is defined in section 3132(a)(4) of such title) at any agency. The individual appointed to the position of Deputy Director shall be made from individuals who have a demonstrated ability in managing large organizations and experience in the collection, analysis, and use of statistical data.

(2)

Functions

The Deputy Director shall perform such functions as the Director shall designate. During any absence or disability of the Director, the Deputy Director shall act as Director.

(3)

Vacancy

In the event of a vacancy in the office of Director, or when the Director is absent or unable to serve, the Deputy Director shall act as Director until a Director is appointed. If no individual is serving as Deputy Director, the highest level career employee of the Bureau shall act as Director until a Deputy Director or Director is appointed. This paragraph shall serve as the exclusive means of designating an acting Director.

(4)

Census equity official

The Deputy Director shall appoint an employee within the Bureau, who shall report directly to the Deputy Director, and who shall be responsible for optimizing racial and ethnic equity in the decennial census of population, including by—

(A)

enhancing outreach to, and collaborating with, organizations and stakeholders that have demonstrated their influence with racial and ethnic communities that historically have had census participation rates that are lower than those of the overall population;

(B)

maximizing participation among racial and ethnic demographic cohorts that have historically had census participation rates that are lower than those of the overall population;

(C)

rectifying the undercount of cohorts of the population that have been undercounted in recent decennial census counts; and

(D)

any other strategies, initiatives, activities, or operations that would optimize such equity.

(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 three other positions.

.

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, and including a detailed statement on the status of any initiatives, developments, and operations within the purview of the official appointed by the Deputy Director under section 21(d)(4).

(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.

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.

.

5.

Report on local-level data and local field operations

Not later than 180 days after the date of the enactment of this Act, the Director of the Bureau of the Census shall submit to Congress a report that—

(1)

reviews the Bureau’s current processes for consulting and engaging with jurisdictions and local partners in conducting the decennial census, including as it relates to preventing and addressing inaccuracies;

(2)

provides an update on the Bureau’s progress in implementing several of the Government Accountability Office’s recommendations as it relates to the collection and utilization of local-level data and coordination of local field operations; and

(3)

outlines additional resources needed to support and improve the Bureau’s capacity to conduct an accurate count of the Nation’s population.

Passed the House of Representatives September 15, 2022.

Cheryl L. Johnson,

Clerk.