Madam Speaker, today I rise in strong opposition to S. 3167. In the last 2 years, I have served as the ranking member of the Census Subcommittee here in the House. We have had no legislative hearing, no markup, no substantive discussions…
Madam Speaker, today I rise in strong opposition to S. 3167. In the last 2 years, I have served as the ranking member of the Census Subcommittee here in the House. We have had no legislative hearing, no markup, no substantive discussions about the content of this legislation. And here we are at the last hour of a lame duck Congress and they are trying to pass a piece of legislation that hasn't had an honest-to-goodness legislative hearing or a markup.
Well, I guess that is what we have seen over the last 24 months out of this Congress, a disregard for the legislative process. I don't think it is responsible for us to pass a major piece of legislation like this, and it does have a major impact. I certainly appreciate my colleague submitting ideas such as this to improve the census, but I don't think this is the right approach.
To that end, I would like to submit for the Record a letter from the Department of Commerce signed by Secretary Gary Locke dated December 13 stating his opposition to components of this legislation.
I think it is important that we should not reward the Census Bureau for a repeated history of cost overruns and mishaps. These suggest that the Bureau needs more, not less, oversight.
S. 3167 would grant greater autonomy to the Census Director. The bill would have the director bypass the Commerce Under Secretary for Economics and Statistics Administration, ESA, in favor of a direct report to the Commerce Secretary. Each Commerce Secretary has opposed this proposal. In fact, the current Commerce Secretary has 16 direct reports, so this further puts in place a process that I don't think is sustainable for this Commerce Secretary or future Commerce Secretaries.
Yesterday, the current Commerce Secretary, Gary Locke, wrote a letter to the Congress stating, The department strongly opposes the provisions of this bill enabling the Census Bureau Director to submit legislative recommendations or testimony to Congress without supervisory review.
This letter also expresses concern about the provisions of the bill that would require the Director of the Census Bureau to report directly to the Secretary of Commerce.
With regard to these views, it is worth pointing out that it is the Commerce Secretary himself who is granted the statutory authority to carry out the decennial census. The Census Bureau will have less oversight if it reports directly to the Secretary, as I stated before, because the Secretary has 16 direct reports.
The Census Director currently reports to the Under Secretary for Economic Affairs, who heads ESA. It is the role of ESA to coordinate economic data, some of which is provided to the Census Bureau's Economic Directorate. Granting the Census Bureau autonomy from ESA will hinder the coordination of economic data, and certainly we are a world leader in terms of our regard for economic data.
The Census Bureau wants to operate as independently as possible. That certainly is understandable. But it is also important to recognize a history of cost overruns the Bureau has had under Democrat and Republican administrations, and the GAO has put the 2010 census on its high risk list due to concerns of mismanagement within the Census Bureau. Again, that was a bipartisan problem. Congress should not reward fiscal irresponsibility by granting additional autonomy.
Madam Speaker, this bill does not establish accountability. It does not require the Census Bureau to have an inspector general, which I think would be proper. It does not establish fiscal constraints. It does not even provide guidelines on the questions and surveys that it can ask the American people. And it doesn't require the Bureau to produce alternative methods of procuring statistical data, such as partnerships with universities and the private sector, which I think is necessary and proper in this time that we are in.
Madam Speaker, consideration of this bill is premature. The 2010 census results will be released one week from today. The Bureau just announced that yesterday. But crucial information concerning the statistical confidence level of the data will not be released until early next year.
Again, this bill is premature. I certainly appreciate my colleague's interest in this, but I think it is better handled in the next Congress, where we can actually have an honest-to-goodness, I don't know, legislative hearing perhaps, maybe even a markup of a bill, and actually get some input from both sides. Just because the Senate passed it doesn't mean the House should rubberstamp it, by any means. But I do think we should have serious consideration of this bill and do it under the light of day, not at the 11th hour of a dying Congress.
So, that is my view, and I think that is the view of many colleagues on my side of the aisle as well.
U.S. Department of Commerce,
The Secretary of Commerce,
Washington, DC, December 13, 2010.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform, U.S.
House of Representatives, Washington, DC.
Dear Mr. Chairman: This letter provides the views of the
Department of Commerce on the Senate-passed version of S.
3167, the ``Census Oversight Efficiency and Management Reform
Act of 2010.'' Your continued work on behalf of the Census
Bureau is appreciated, and we look forward to working with
you to make it an even better agency.
The Department of Commerce's goal is to ensure that the
Census Bureau functions as a transparent, cost-effective, and
competent
organization that is successful in planning and implementing
its programs, while maintaining its statistical integrity and
freedom from political interference. Therefore, we consider
it crucial that we convey the following assessment of several
provisions of the legislation as passed by the Senate.
The Department supports the provision of the bill that
would create a five-year fixed term for the Census Bureau
Director beginning on January 1, 2012. A five-year term
(limiting an individual to two full terms) for the Census
Bureau Director helps avoid political interference by giving
the Director more stability across election cycles. This
stability conforms to well-accepted principles and practices
of independence for federal statistical agencies and is the
current status of the appointment of the Commissioner of the
Bureau of Labor Statistics and of the National Center for
Education Studies. It may mitigate the risk of having long
periods after elections where there is no Senate-confirmed
Director, particularly in those years leading up to a
decennial census. At the close of the 2010 Census, five of
the last seven decennial censuses will have been led by a
Director appointed in the year ending in 9 or 0, leading to
management uncertainty at critical times during the decennial
census cycle.
However, the Department strongly opposes the provision of
the bill that could be construed to enable the Census Bureau
Director to submit legislative recommendations or testimony
or comments to Congress without supervisory review, and has
concerns about the provision of the bill that would require
the Director of the Census Bureau to report directly to the
Secretary of Commerce.
With respect to the proposal concerning the submission of
the Census Bureau Director's views directly to Congress where
the views include a statement indicating that they do not
represent the views of the President, the Department of
Justice advises us that in order to avoid infringing on the
powers reserved to the President under the Recommendations
Clause of the Constitution, the Executive Branch would
construe the word ``officer,'' in that provision, not to
include the President, thereby allowing him to direct the
review of the Director's legislative recommendations,
testimony and comments prior to their submission to Congress.
Even as so construed, however, the proposal would overreach
into Executive Branch prerogatives by bypassing normal
communication and decision-making channels within the
Executive Branch, and therefore we oppose it. There are
always a variety of data policy issues under discussion that
are often the subject of testimony or that emerge as
legislative recommendations out of a broader Executive Branch
decision-making process. It is a prerogative of the Executive
Branch to speak with one voice on such issues. The ability to
speak with one voice on policy matters does not interfere
with statistical agencies' ability to provide unfiltered
statistical data. A key principle of government statistical
agencies worldwide is that the credibility of the information
they provide depends on the public perceiving these data as
independent of political intervention.
In addition to this provision, we have concerns about the
provision in the bill that would require the Director of the
Census Bureau to report directly to the Secretary of
Commerce. This provision unnecessarily limits the Secretary's
discretion to establish an organizational structure that best
suits the needs of the Department.
The Director of the Census Bureau has full access and
accountability to the Secretary of Commerce. However, there
are sound reasons for maintaining the current reporting
relationship of the Census Bureau to the Economics and
Statistics Administration (ESA). The Under Secretary for
Economic Affairs, who heads ESA, serves as the principal
adviser to the Secretary on economic issues and also oversees
the activities of the Bureau of Economic Analysis (BEA). The
Under Secretary is responsible for the analysis and
development of policies on economic and statistical issues.
One of ESA's primary roles is to interpret the mission of
statistical agencies to senior officials within the
Department, ensuring that the Office of Management and Budget
directives of independence and freedom from political
influences are maintained.
Like you, I believe that independence from partisan
political interference and effective management oversight and
accountability of the Census Bureau is a top priority. I
encourage you to take into consideration our concerns and
accept our recommendations on this important issue. We are
always looking for ways to improve the Census Bureau and look
forward to continuing to work with you on this and other
important matters.
The Department appreciates the opportunity to present these
views on the Senate-passed version of S. 3167. The Office of
Management and Budget has advised that there is no objection
to the transmittal of these views from the standpoint of the
Administration's program.
If you have any questions, please contact me or April Boyd,
Assistant Secretary for Legislative and Intergovernmental
Affairs, at (202) 482-3663.
Sincerely,
Gary Locke.
Madam Speaker, I reserve the balance of my time.
I yield myself such time as I may consume.
Madam Speaker, again, I rise in opposition to this legislation. I certainly appreciate the sponsor's thoughtfulness in creating it, but I think there
are a number of provisions that do cause problems. And I agree with the Democrat Secretary of Commerce, the current Secretary of Commerce, with his opposition to large provisions within it.
In order to thoughtfully legislate on the decennial census, I think we need to have a hearing and I think we need to have a markup, and I think we can hash this out. And I am willing to work with my colleague from New York to make that happen in the next Congress, because I do think she comes from a sincere place with this legislation. Unfortunately, it is a piece of flawed legislation. I'll give you one example.
The Census Director will report directly to the Secretary of Commerce. Again, that Census Director will be one of 17 individuals with a direct report to the Secretary of Commerce. However, the Secretary of Commerce is not able to fire the Census Director. So, if he or she is a direct report to the Commerce Secretary, shouldn't the Commerce Secretary have the ability to fire that person if they're incompetent or inept rather than just letting them serve a 5-year term? That's one provision within the legislation that I think is troublesome.
Additionally, as the sponsor mentioned, there is no inspector general. And, with a multibillion-dollar census, I think it is important that we have IGs that actually have the power to oversee a program, and a program that's so large and so expensive.
This census has a $3 billion cost overrun over its life cycle. Now, the individuals responsible for that weren't held accountable. But that $3 billion, rather than rewarding the Bureau for having a cost overrun of that size by giving them independence and autonomy right now, I think we need to have some thoughtful consideration of how to ensure that we don't have future cost overruns like that.
With that, I reserve the balance of my time.
I again yield myself such time as I may consume.
Madam Speaker, just to address my colleague's comments about the opinion she imputed to me about this legislation and the way she changed the legislation to more meet with my opinion, those, Madam Speaker, were not my opinions. We have actually not had discussions about this legislation, my colleague and I from New York have not. So, just to be very clear, those opinions were someone else's; not mine.
Additionally, it is kind of interesting to throw in the tax debate regarding a piece of legislation about the census. I'm not going to take the bait. It's fine. We'll have a vote on that or we won't have a vote on that this Congress, depending on what the Speaker thinks. I certainly understand the concern about not having hearings and not having markups.
But I would say to my colleague from New York that it is her party that is in both the House and Senate and had every opportunity to schedule a hearing on this piece of legislation. They had every opportunity to schedule a markup on this piece of legislation, and they didn't. So, clearly, it is a problem not with my party, but it is a problem with my colleague from New York's party about getting that scheduled.
Madam Speaker, I do have serious concerns and, I think, legitimate concerns. I also understand how many folks operate in Congress: we take a pledge that we will fix it later, and that ``later'' never happens.
So what I would say to my colleague from New York is that, in the next Congress, I will be very happy to work with her to pass a reasonable piece of legislation which, I think, structurally will look different than this but which will take on some of the concerns that she has about the Census Bureau.
I am truly concerned about making sure that our statistical agencies are independent, independent from political influence like this President tried to have at the beginning of his term in office by having the Census Director report directly to then-Chief of Staff Rahm Emanuel. We came out opposed to that. It was my colleagues on the other side of the aisle who wanted that. We came out opposed to the statistical manipulation of the outcome of the census, which some in the other party were very much in favor of. It is true that there are political disagreements between Republicans and Democrats, but I think we all want to have a fair and accurate census.
I also want to have a census that is cheaper in the future than it has been in the past. We have had a cost overrun of $3 billion. As I would mention to my colleague from New York, the entire budget of the Department of Commerce is just shy of $9 billion annually. They had a $3 billion cost overrun within just the Census. That is an enormous sum, and I think it is worthy of having an Inspector General to make sure that this doesn't happen again. So that is my concern.
I reserve the balance of my time.
Madam Speaker, I am sorry my colleague used up her time.
I am going to close by saying that anyone who wants an accountable Census Bureau will oppose this bill. Instead of saying we want an independent bureau that is not accountable, I think we are saying we want an independent bureau that is accountable. That is why I am going to oppose this bill.
I ask my colleagues--those who want fiscal sanity, those who want proper oversight of the Census, those who want reasonable legislating, which actually means we would have a hearing and a markup--to vote ``no'' on this bill.
I would also mention to my colleague from New York that her legislation we are discussing here today got just about as many votes as that tax deal that she opposes. So you can take this for all you want as to what the Senate does, but the census affects every Member of the House, all of our constituents, our statistical reporting agencies, and our economic bureaus as well. We want to make sure we get this legislation right, but it is highly flawed as it is currently constructed; and it would mean further cost overruns going forward.
With that, I urge my colleagues to vote ``no'' on this legislation.
I yield back the balance of my time.
Madam Speaker, on that I demand the yeas and nays.