Census IDEA Act

II 117TH CONGRESS 1ST SESSION S. 1701 To amend title 13, United States Code, to require the Secretary of Commerce to provide advance notice to Congress before changing any questions on the decennial census, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 19, 2021 Mr. SCHATZ (for himself, Ms. SMITH, Ms. CORTEZ MASTO, Mr. BROWN, Mr. BLUMENTHAL, Mr. MERKLEY, Mr. CARPER, Mr. CASEY, Mr. BENNET, Mr. KING, Mr. WYDEN, Ms. STABENOW, Ms. DUCKWORTH, Ms. BALD- WIN, Ms. WARREN, Mr. REED, Ms. KLOBUCHAR, Mr. PETERS, Mr. VAN HOLLEN, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Govern- mental Affairs A BILL To amend title 13, United States Code, to require the Sec- retary of Commerce to provide advance notice to Con- gress before changing any questions on the decennial census, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; FINDINGS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Census Improving Data and Enhanced Accuracy Act’’ or 5 the ‘‘Census IDEA Act’’. 6 VerDate Sep 11 2014 03:26 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1701.IS S1701 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1701 IS (b) FINDINGS.—Congress finds the following: 1 (1) The decennial census was embedded in arti- 2 cle I of the Constitution of the United States by the 3 founders of the United States. 4 (2) The decennial census measures the progress 5 of the country and helps chart our future. 6 (3) The decennial census, for the decade to fol- 7 low, shapes the reapportionment of the House of 8 Representatives and the drawing of hundreds of con- 9 gressional political districts and thousands of State 10 and local political districts. 11 (4) More than $1,500,000,000,000 in Federal 12 assistance to States and local communities every 13 year is informed by the results of the decennial cen- 14 sus. 15 (5) The decennial census is the largest peace- 16 time mobilization undertaken by the Federal Gov- 17 ernment. 18 (6) Congress must ensure that every decennial 19 census is a complete, accurate, and fair decennial 20 enumeration of all individuals in the United States. 21 (7) Any late, untested changes to the oper- 22 ational design of the decennial census will jeopardize 23 public cooperation with the census and, therefore, 24 the success and accuracy of the census. 25 VerDate Sep 11 2014 03:26 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1701.IS S1701 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1701 IS SEC. 2. LIMITATIONS AND REQUIREMENTS FOR THE DE- 1 CENNIAL CENSUS. 2 Section 141 of title 13, United States Code, is 3 amended— 4 (1) in subsection (f)— 5 (A) in paragraph (1), by adding ‘‘and’’ at 6 the end; 7 (B) in paragraph (2), by striking ‘‘; and’’ 8 and inserting a period; and 9 (C) by striking paragraph (3); 10 (2) by redesignating subsection (g) as sub- 11 section (h); 12 (3) by inserting after subsection (f) the fol- 13 lowing: 14 ‘‘(g) LIMITATIONS AND REQUIREMENTS.— 15 ‘‘(1) NOTICE TO CONGRESS OF OPERATIONAL 16 DESIGN, SUBJECTS, TYPES OF INFORMATION, AND 17 QUESTIONS.—In the 2030 decennial census of popu- 18 lation and each decennial census thereafter, the Sec- 19 retary may not— 20 ‘‘(A) with respect to the census, implement 21 any major operational design element that has 22 not been researched, studied, and tested for a 23 period of not less than 3 years before the decen- 24 nial census date; or 25 VerDate Sep 11 2014 03:26 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1701.IS S1701 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1701 IS ‘‘(B) include on the questionnaire for the 1 census any subject, type of information, or 2 question that was not submitted to Congress in 3 accordance with subsection (f). 4 ‘‘(2) BIANNUAL REPORTS.— 5 ‘‘(A) SUBMISSION TO CONGRESS.— 6 ‘‘(i) IN GENERAL.—Not later than 90 7 days after the date of enactment of this 8 subsection and biannually thereafter, the 9 Secretary shall submit to each committee 10 of Congress having legislative jurisdiction 11 over the census, the Committee on Appro- 12 priations of the Senate, and the Committee 13 on Appropriations of the House of Rep- 14 resentatives a report that includes a de- 15 tailed statement on the status, at the time 16 of submission, of all research, testing, and 17 operations that are or will be part of the 18 Bureau’s comprehensive plan for the next 19 decennial census. 20 ‘‘(ii) OPERATIONAL PLAN COMPO- 21 NENTS.—Not later than 5 years before the 22 decennial census date, the Secretary shall 23 include in a report under clause (i) a de- 24 VerDate Sep 11 2014 03:26 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1701.IS S1701 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1701 IS scription of each component of the oper- 1 ational plan for that decennial census. 2 ‘‘(B) INTERNET PUBLICATION.—On the 3 date on which the Secretary submits a report 4 under subparagraph (A), the Secretary shall 5 publish the report on the public Internet 6 website of the Bureau. 7 ‘‘(3) GAO ANALYSIS.—Before the decennial 8 census date, the Comptroller General of the United 9 States shall determine and report to Congress on 10 whether the subjects, types of information, and ques- 11 tions to be included in that decennial census have 12 been adequately researched, studied, and tested to 13 the same degree as in previous decennial censuses. 14 ‘‘(4) APPLICABILITY.—Nothing in this sub- 15 section shall be construed to affect— 16 ‘‘(A) the mid-decade census conducted 17 under subsection (d); or 18 ‘‘(B) the survey conducted by the Sec- 19 retary that is commonly referred to as the 20 ‘American Community Survey’.’’; and 21 (4) in subsection (h), as so redesignated, by in- 22 serting ‘‘DEFINITION.—’’ before ‘‘As used in’’. 23 Æ VerDate Sep 11 2014 03:26 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1701.IS S1701 kjohnson on DSK79L0C42PROD with BILLS