[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2450 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2450

 To require the Bureau of the Census to conduct a survey to determine 
    income and poverty levels in the United States in a manner that 
  accounts for the receipt of Federal means-tested benefits, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2018

Mr. Lee (for himself, Mr. Cruz, and Mr. Rubio) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To require the Bureau of the Census to conduct a survey to determine 
    income and poverty levels in the United States in a manner that 
  accounts for the receipt of Federal means-tested benefits, 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 ``Poverty Measurement Improvement 
Act''.

SEC. 2. IMPROVING THE MEASUREMENT OF POVERTY IN THE UNITED STATES.

    (a) Definitions.--In this section:
            (1) Federal means-tested benefit.--The term ``Federal 
        means-tested benefit'' means a benefit, refundable tax credit, 
        or other form of assistance provided under any of the following 
        programs:
                    (A) Cash and general programs.--
                            (i) Supplemental Security Income.
                            (ii) Earned Income Tax Credit (refundable 
                        portion).
                            (iii) Additional Child Tax Credit.
                            (iv) Temporary Assistance to Needy 
                        Families.
                            (v) Title IV-E Foster Care.
                            (vi) Title IV-E Adoption Assistance.
                            (vii) Social Security Disability Insurance.
                    (B) Medical.--
                            (i) Medicaid.
                            (ii) State Children's Health Insurance 
                        Program.
                            (iii) Refundable Premiums and Out of Pocket 
                        Subsidies under the Patient Protection and 
                        Affordable Health Care Act (PPACA).
                    (C) Food.--
                            (i) Supplemental Nutrition Assistance Food 
                        Program (Agriculture).
                            (ii) Women, Infant and Children (WIC) Food 
                        Program (Agriculture).
                            (iii) School Breakfast (Agriculture).
                    (D) Housing.--
                            (i) Section 8 Housing (HUD).
                            (ii) Public Housing (HUD).
                            (iii) Home Investment Partnership Program 
                        (HUD).
                            (iv) Rural Housing Insurance Fund 
                        (Agriculture).
                            (v) Rural Housing Service (Agriculture).
            (2) Household.--The term ``household'' means a householder 
        and one or more people related to the householder by birth, 
        marriage, or adoption.
            (3) Total family income.--The term ``total family income'' 
        means, with respect to a household, an amount equal to--
                    (A) the sum of--
                            (i) all money income (as defined by the 
                        Bureau of the Census) earned by the members of 
                        the household; and
                            (ii) the amount, or cash equivalent, of all 
                        Federal means-tested benefits received by the 
                        members of the household; minus
                    (B) State and Federal income and payroll taxes 
                attributable to the members of the household.
            (4) Income tax data.--The term ``income tax data'' means 
        return information disclosed to the Bureau of the Census under 
        section 6103(j)(1)(A) of the Internal Revenue Code of 1986.
            (5) Administering agency.--The term ``administering 
        agency'' means a State or Federal agency responsible for 
        administering a Federal means-tested benefit, and includes the 
        following agencies:
                    (A) The Social Security Administration.
                    (B) The Department of the Treasury.
                    (C) The Department of Health and Human Services.
                    (D) The Department of Housing and Urban 
                Development.
                    (E) The Department of Agriculture.
                    (F) The Department of Justice.
            (6) Personally identifiable information.--The term 
        ``personally identifiable information'' means any information 
        that identifies an individual or could reasonably be used to 
        identify an individual that is--
                    (A) collected pursuant to a survey conducted by the 
                Bureau of the Census; or
                    (B) disclosed to the Bureau of the Census by an 
                administering agency for the purpose of carrying out 
                subsection (b).
            (7) Director.--The term ``Director'' means the Director of 
        the Bureau of the Census.
    (b) New Poverty Measurement Linking Survey, Administrative, and 
Income Data.--
            (1) In general.--Each fiscal year during the period that 
        begins with fiscal year 2019 and ends with fiscal year 2028, in 
        order to more accurately determine the extent of poverty in the 
        United States and the anti-poverty effectiveness of means-
        tested benefit and tax programs, the Director shall conduct a 
        new survey of income and poverty in the United States, and 
        shall supplement and verify the information obtained pursuant 
        to such survey using the following:
                    (A) Data from the most recent available Current 
                Population Survey.
                    (B) Data furnished by administering agencies.
                    (C) Income tax data.
            (2) Data related to formerly incarcerated individuals.--The 
        Director--
                    (A) shall include, as part of the survey conducted 
                under paragraph (1), questions related to whether an 
                individual has previously been incarcerated or is on 
                probation; and
                    (B) shall collect data from the appropriate 
                administering agencies with respect to the income of, 
                and Federal means-tested benefits received by, 
                individuals who have previously been incarcerated, or 
                are on probation.
            (3) Administering agency data.--
                    (A) In general.--The head of each administering 
                agency shall make available to the Director such data 
                (including income tax data) as the Director shall 
                require for the purpose of carrying out this 
                subsection.
                    (B) Payment of expenses.--The Director shall pay 
                for the data described in subparagraphs (B) and (C) of 
                paragraph (1) in such amount, if any (not exceeding the 
                cost of furnishing the data), as may be determined by 
                the head of the applicable agency that furnishes the 
                data.
            (4) Publication of survey data.--
                    (A) Survey methods and responses.--The Director of 
                the Bureau of the Census shall publish the methods used 
                to carry out the survey required under paragraph (1), 
                the number of households surveyed, the rate of 
                responses, and the extent of survey completion.
                    (B) Rates and other data.--
                            (i) In general.--The Director of the Bureau 
                        of the Census shall produce tables and graphs 
                        showing for each year the poverty rates and 
                        related data calculated using the survey 
                        responses and other data collected under 
                        paragraph (1), including--
                                    (I) the total family income for 
                                survey respondents;
                                    (II) a breakdown of the amount of 
                                income taxes and payroll taxes paid by 
                                survey respondents; and
                                    (III) for 2018 and subsequent 
                                years, poverty rates calculated using 
                                updated poverty thresholds as described 
                                in clause (ii).
                            (ii) Updated poverty thresholds.--For 2019 
                        and subsequent years, the Director shall adjust 
                        the poverty thresholds used for determining 
                        poverty rates by using the personal consumer 
                        expenditure price index (as published by the 
                        Bureau of Economic Analysis).
                    (C) Creation of a public database.--The Director 
                shall create a database, available at the Director's 
                discretion to researchers who meet the security 
                requirements described in subsection (c)(4), that 
                contains--
                            (i) data from the survey required under 
                        paragraph (1); and
                            (ii) data described in subparagraphs (A) 
                        and (B) of paragraph (1).
                    (D) No publication of personally identifiable 
                information.--The Director shall ensure that no 
                personally identifiable information is included in any 
                publication of survey information or other data 
                collected under this section, including the database 
                created pursuant to subparagraph (C).
    (c) Protection and Disclosure of Personally Identifiable 
Information.--
            (1) In general.--The security, disclosure, and 
        confidentiality provisions set forth in this Act and sections 9 
        and 23 of title 13, United States Code, shall apply to 
        personally identifiable information obtained by the Bureau of 
        the Census pursuant to this Act.
            (2) Assignment of record identification keys.--All 
        personally identifiable information shall be removed from 
        individual records, which shall be given record identification 
        keys for purposes of identification.
            (3) Staff access to personally identifiable information.--
        An officer or employee of the Bureau of the Census or a 
        representative from an administering agency may access 
        personally identifiable information if such officer, employee, 
        or representative has the special sworn status requirements 
        implemented by the Bureau of the Census under section 9 and 
        section 23 of title 13, United States Code.
            (4) Public access to personally identifiable information.--
        The Director may disclose personally identifiable information 
        to an individual who has special sworn status as implemented by 
        the Bureau of the Census under section 9 and section 23 of 
        title 12, United States Code.
            (5) Penalties.--Any individual who knowingly accesses or 
        discloses personally identifiable information in violation of 
        this section shall be guilty of a felony and upon conviction 
        thereof shall be fined in an amount of not more than $300,000 
        under title 18, United States Code, or imprisoned for not more 
        than five years, or both.
            (6) Inadmissibility of survey data.--Data contained in a 
        response to a survey conducted pursuant to subsection (b)(1) 
        shall not be admissible as evidence in any proceeding of any 
        court, agency, board, or other entity.
    (d) State Reporting of Federal Means-Tested Data.--Beginning with 
the first full calendar year that begins after the date of enactment of 
this Act, with respect to any Federal means-tested benefit that is 
administered at the State level by a State administering agency, such 
State administering agency shall submit each year to the Federal 
administering agency responsible for administering the benefit at the 
Federal level a report that identifies each household that received 
such benefits during such year by the Social Security number of the 
head of the household and the amount, or cash equivalent, of such 
benefit received by such household.
    (e) Comparison of Individual Survey Data to Consumer Expenditure 
Survey.--Beginning with the first full calendar year that begins after 
the date of enactment of this Act and each year thereafter, the Bureau 
of the Census shall, in coordination with the Bureau of Labor 
Statistics, provide summary statistics comparing the income levels 
(constructed using all available administrative, income, and Current 
Population Survey data) of respondents to the Consumer Expenditure 
Survey conducted by the Bureau of Labor Statistics to the consumption 
habits of such respondents.
    (f) Sense of Congress Relating to Using Existing Funds.--It is the 
sense of Congress that no additional funds should be made available to 
carry out this section.
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