2020 Census IDEA Act

I 116TH CONGRESS 1ST SESSION H. R. 732 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 HOUSE OF REPRESENTATIVES JANUARY 23, 2019 Mrs. CAROLYN B. MALONEY of New York (for herself, Mr. SERRANO, Ms. MENG, Mr. SOTO, Mr. CLAY, Ms. TLAIB, Mrs. KIRKPATRICK, Ms. WILD, Ms. SCHAKOWSKY, Ms. MCCOLLUM, Mr. SIRES, Mr. VELA, Mr. ESPAILLAT, Ms. NORTON, Mr. COOPER, Mr. DEFAZIO, Mr. PASCRELL, and Ms. JUDY CHU of California) introduced the following bill; which was referred to the Committee on Oversight and Reform 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 ‘‘2020 Census Improving Data and Enhanced Accuracy 5 Act’’ or the ‘‘2020 Census IDEA Act’’. 6 VerDate Sep 11 2014 02:07 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H732.IH H732 kjohnson on DSK79L0C42 with BILLS 2 •HR 732 IH (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 for the purpose of ap- 4 portionment of seats among the States in the U.S. 5 House of Representatives. 6 (2) The founders believed that a census was es- 7 sential in measuring the progress of the country and 8 helping to chart its future. 9 (3) The 2020 decennial census will, for the dec- 10 ade to follow, shape the reapportionment of the 11 House of Representatives and the drawing of thou- 12 sands of State and local political districts. 13 (4) Over $800,000,000,000 in Federal assist- 14 ance to State and local communities every year is in- 15 formed by the results of the decennial census. 16 (5) Congress seeks to make the 2020 decennial 17 census the most complete, accurate, and fair decen- 18 nial census in the history of the United States. 19 (6) The decennial census is the largest peace- 20 time mobilization undertaken by the Federal Gov- 21 ernment. 22 (7) Any late, untested changes to the oper- 23 ational design of the decennial census will jeopardize 24 VerDate Sep 11 2014 02:07 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H732.IH H732 kjohnson on DSK79L0C42 with BILLS 3 •HR 732 IH public cooperation with the census and, therefore, 1 the success and accuracy of the decennial census. 2 SEC. 2. LIMITATIONS AND REQUIREMENTS FOR THE DE- 3 CENNIAL CENSUS. 4 Section 141 of title 13, United States Code, is 5 amended— 6 (1) in subsection (f)— 7 (A) in paragraph (1), by adding ‘‘and’’ at 8 the end; 9 (B) in paragraph (2), by striking ‘‘; and’’ 10 and inserting a period; and 11 (C) by striking paragraph (3); 12 (2) by redesignating subsection (g) as sub- 13 section (h); 14 (3) by inserting after subsection (f) the fol- 15 lowing: 16 ‘‘(g) LIMITATIONS AND REQUIREMENTS.— 17 ‘‘(1) NOTICE TO CONGRESS OF OPERATIONAL 18 DESIGN, SUBJECTS, TYPES OF INFORMATION, AND 19 QUESTIONS.—In the 2020 decennial census of popu- 20 lation and each decennial census thereafter, the Sec- 21 retary may not— 22 ‘‘(A) with respect to the census or any sur- 23 vey conducted in connection with the census, 24 implement any major operational design feature 25 VerDate Sep 11 2014 02:07 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H732.IH H732 kjohnson on DSK79L0C42 with BILLS 4 •HR 732 IH that has not been researched, studied, and test- 1 ed for a period of not less than 3 years before 2 the date on which the applicable census occurs; 3 or 4 ‘‘(B) include on the questionnaire for the 5 census any subject, type of information, or 6 question that was not submitted to Congress in 7 accordance with subsection (f). 8 ‘‘(2) REPORTS.— 9 ‘‘(A) SUBMISSION TO CONGRESS.—Not 10 later than 90 days after the date of enactment 11 of this subsection, and not later than the date 12 that is 4 years before the date of a decennial 13 census (beginning with the decennial census for 14 2030), the Secretary shall submit to Congress 15 a report that— 16 ‘‘(i) describes each component of the 17 operational plan for the subsequent decen- 18 nial census of population; and 19 ‘‘(ii) includes a detailed statement on 20 the status of all research, testing, and op- 21 erations that are part of the Bureau’s com- 22 prehensive plan for the decennial census. 23 ‘‘(B) INTERNET PUBLICATION.—On the 24 date on which the Secretary submits a report 25 VerDate Sep 11 2014 02:07 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H732.IH H732 kjohnson on DSK79L0C42 with BILLS 5 •HR 732 IH under subparagraph (A), the Secretary shall 1 publish the report on the public internet website 2 of the Bureau. 3 ‘‘(C) GAO ANALYSIS.—Before the date on 4 which a decennial census occurs, the Comp- 5 troller General of the United States shall certify 6 to Congress that the subjects, types of informa- 7 tion, and questions to be included in the census 8 have been adequately researched, studied, and 9 tested to the same degree as in previous decen- 10 nial censuses.’’; and 11 (4) in subsection (h), as so redesignated, by in- 12 serting ‘‘DEFINITION.—’’ before ‘‘As used in’’. 13 Æ VerDate Sep 11 2014 02:07 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H732.IH H732 kjohnson on DSK79L0C42 with BILLS