[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4679 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4679

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2020

    Mr. Lee 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 determine income and poverty 
 levels in the United States in a manner that accounts for the receipt 
              of Federal 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 benefit.--The term ``Federal benefit'' means a 
        benefit, refundable tax credit, or other form of assistance 
        provided under any of the following programs:
                    (A) Earned Income Tax Credit (refundable portion).
                    (B) Child Tax Credit (refundable portion).
                    (C) Supplemental Security Income.
                    (D) Temporary Assistance for Needy Families.
                    (E) Title IV-E Foster Care.
                    (F) Title IV-E Adoption Assistance.
                    (G) Medicaid.
                    (H) SCHIP.
                    (I) Indian Health Services.
                    (J) PPACA refundable premium assistance and cost 
                sharing tax credit.
                    (K) Assets for Independence program.
                    (L) Supplemental Nutrition Assistance Food Program.
                    (M) School Breakfast.
                    (N) School Lunch.
                    (O) Women, Infants, and Children (WIC) Food 
                Program.
                    (P) Child and Adult Care Food Program.
                    (Q) The Food Distribution Program on Indian 
                Reservations (FDPIR).
                    (R) Nutrition Program for the Elderly.
                    (S) Seniors Farmers' Market Nutrition Program.
                    (T) Commodity Supplemental Food Program.
                    (U) Section 8 Housing.
                    (V) Public Housing.
                    (W) Housing for Persons with Disabilities.
                    (X) Home Investment Partnership Program.
                    (Y) Rural Housing Service.
                    (Z) Rural Housing Insurance Fund.
                    (AA) Low-Income Home Energy Assistance Program.
                    (BB) Universal Service Fund Low Income Support 
                Mechanism (subsidized phone services).
                    (CC) Pell Grants.
                    (DD) Supplemental Educational Opportunity Grants.
                    (EE) American Opportunity Tax Credit (refundable 
                portion).
                    (FF) Healthy Start.
                    (GG) Job Corps.
                    (HH) Head Start (including Early Head Start).
                    (II) Weatherization Assistance.
                    (JJ) Chafee Foster Care Independence Program.
                    (KK) Child Care Subsidies from the Child Care and 
                Development Fund.
                    (LL) Child Care from the Temporary Assistance for 
                Needy Families Block Grant.
                    (MM) Emergency Assistance to Needy Families with 
                Children.
                    (NN) Senior Community Service Employment Program.
                    (OO) Migrant and Seasonal Farm Workers Training 
                Program.
                    (PP) Indian and Native American Employment and 
                Training Program.
                    (QQ) Independent Living Education and Training 
                Vouchers.
            (2) Resource unit.--The term ``resource unit'' means all 
        co-resident individuals who are related by birth, marriage, or 
        adoption, plus any co-resident unrelated children, foster 
        children, and unmarried partners and their relatives.
            (3) Earned income.--The term ``earned income'' means 
        individual income from the following:
                    (A) Earnings.
                    (B) Interest.
                    (C) Dividends.
                    (D) Rents, royalties, and estates and trusts.
                    (E) The monetary value of employer-sponsored health 
                insurance benefits.
                    (F) Other forms of income, as determined by the 
                Director.
            (4) Entitlement and other income.--The term ``entitlement 
        and other income'' means income from the following:
                    (A) Unemployment (insurance) compensation.
                    (B) Workers' compensation.
                    (C) Social Security.
                    (D) Veterans' payments and benefits.
                    (E) Survivor benefits.
                    (F) Disability benefits (not including benefits 
                under the Supplemental Security Income program).
                    (G) Pension or retirement income.
                    (H) Alimony.
                    (I) Child support.
                    (J) Financial assistance from outside of the 
                household.
                    (K) Medicare.
            (5) Entitlement and earned unit income.--The term 
        ``entitlement and earned unit income'' means the sum of all 
        earned income and entitlement and other income.
            (6) Income tax data.--The term ``income tax data'' means 
        return information, as such term is defined under section 
        6103(b)(2) of the Internal Revenue Code of 1986.
            (7) Administering agency.--The term ``administering 
        agency'' means a State or Federal agency responsible for 
        administering a Federal benefit.
            (8) Total resource unit income.--The term ``total resource 
        unit income'' means, with respect to a resource unit, an amount 
        equal to--
                    (A) the sum of--
                            (i) all earned income attributable to 
                        members of the unit;
                            (ii) all entitlement and other income 
                        attributable to members of the unit; and
                            (iii) an amount, or cash equivalent, of all 
                        Federal benefits received by members of the 
                        unit; minus
                    (B) all State and Federal income and payroll taxes 
                attributable to members of the unit.
            (9) Earned resource unit income.--The term ``earned 
        resource unit income'' means, with respect to a resource unit, 
        all earned income attributable to members of the unit.
            (10) 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).
            (11) Director.--The term ``Director'' means the Director of 
        the Bureau of the Census.
    (b) Verification of Data Collected in the Annual Social and 
Economic Supplement to the Current Population Survey.--
            (1) In general.--Beginning in fiscal year 2021, in order to 
        more accurately determine the extent of poverty in the United 
        States and the anti-poverty effectiveness of Federal benefit 
        programs, the Director shall supplement the data collected 
        under the Annual Social and Economic Supplement to the Current 
        Population Survey with data from the appropriate administering 
        agencies related to the following:
                    (A) Participation in any Federal benefit program 
                and the monetary or cash equivalent value of such 
                benefit for an individual, where possible, and 
                otherwise for resource units or households.
                    (B) The total amount of earned income for 
                individuals.
                    (C) The total amount of entitlement and other 
                income for individuals.
                    (D) Payment of income taxes and payroll taxes for 
                individuals.
                    (E) Total resource unit income.
                    (F) Total earned resource unit income.
            (2) Administering agency data.--Not later than 6 months 
        after receiving a request from the Director, 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 and for the 
        purposes outlined in section 6 of title 13, United States Code.
            (3) Publication of data.--
                    (A) Rates and other data.--
                            (i) Report.--The Director shall submit to 
                        Congress, not later than January 1, 2023, a 
                        report detailing the implementation of this 
                        Act, including--
                                    (I) the availability of related 
                                data;
                                    (II) the quality of the data; and
                                    (III) the methodology proposed for 
                                assigning dollar values to the receipt 
                                of noncash Federal benefits.
                            (ii) Tables and graphs.--The Director shall 
                        produce tables and graphs showing for each year 
                        the poverty rates and related data calculated 
                        using data collected under paragraph (1), 
                        including--
                                    (I) the total resource unit income 
                                for survey respondents;
                                    (II) the total earned resource unit 
                                income for survey respondents;
                                    (III) a breakdown of the amount of 
                                income taxes and payroll taxes 
                                attributable to survey respondents; and
                                    (IV) for 2024 and subsequent years, 
                                poverty rates calculated using updated 
                                poverty thresholds as described in 
                                clause (iii).
                            (iii) Updated poverty thresholds.--For 2024 
                        and subsequent years, the Director shall adjust 
                        the poverty thresholds used for determining 
                        poverty rates by using the personal consumption 
                        expenditure price index (as published by the 
                        Bureau of Economic Analysis).
                    (B) Confidentiality.--Consistent with the 
                provisions of sections 8, 9, and 23(c) of title 13, 
                United States Code, the Director shall ensure the 
                confidentiality of information furnished to the 
                Director under this subsection.
    (c) Protection and Disclosure of Personally Identifiable 
Information.--
            (1) In general.--The security, disclosure, and 
        confidentiality provisions set forth in 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) Restricted access to personally identifiable 
        information.--Access to personally identifiable information 
        collected to supplement the restricted-use Current Population 
        Survey Annual Social and Economic Supplements in accordance 
        with subsection (b)(1) shall be available only to those who 
        have access to the Current Population Survey data with the 
        permission of the Bureau of the Census and in accordance with 
        any other applicable provision of law.
            (3) 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.
    (d) State Reporting of Federal Data.--Beginning with the first full 
calendar year that begins after the date of enactment of this Act, with 
respect to any Federal 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 resource unit that received such benefits during such year by the 
personally identifiable information of the head of the resource unit 
and the amount, or cash equivalent, of such benefit received by such 
resource unit.

SEC. 3. COMMISSION ON VALUATION OF GOVERNMENT BENEFITS.

    (a) Establishment.--There is established within the United States 
Census Bureau a commission, to be known as the ``Commission on 
Valuation of Federal Benefits'' (referred to in this section as the 
``Commission'').
    (b) Composition.--
            (1) In general.--The Commission shall be composed of 8 
        members, of whom--
                    (A) 2 members shall be appointed by the majority 
                leader of the Senate;
                    (B) 2 members shall be appointed by the minority 
                leader of the Senate;
                    (C) 2 members shall be appointed by the Speaker of 
                the House of Representatives; and
                    (D) 2 members shall be appointed by the minority 
                leader of the House of Representatives.
            (2) Co-chairs.--Of the members of the Commission--
                    (A) 1 co-chair shall be designated by the majority 
                leader of the Senate; and
                    (B) 1 co-chair shall be designated by the Speaker 
                of the House of Representatives.
            (3) Qualifications.--Each member appointed to the 
        Commission shall have experience in--
                    (A) quantitative policy research; and
                    (B) welfare or poverty studies.
    (c) Initial Meeting.--Not later than 60 days after the date on 
which the last member is appointed under subsection (b), the Commission 
shall hold an initial meeting.
    (d) Quorum.--Six members of the Commission shall constitute a 
quorum.
    (e) No Proxy Voting.--Proxy voting by members of the Commission 
shall be prohibited.
    (f) Staff.--The Director of the Census Bureau shall appoint an 
executive director of the Commission.
    (g) Travel Expenses.--Members of the Commission shall serve without 
pay, but shall receive travel expenses in accordance with sections 5702 
and 5703 of title 5, United States Code.
    (h) Duties of Commission.--
            (1) Recommendations.--
                    (A) In general.--The Commission shall produce 
                recommendations for the valuation of Federal benefits 
                listed under section 2(a)(1) for the purpose of United 
                States Census Bureau estimates of the Federal Poverty 
                Level, including non-cash benefits.
            (2) Report.--
                    (A) In general.--Not later than 270 days after the 
                date of enactment of this Act, the Commission shall 
                submit to Congress a report of the recommendations 
                required under paragraph (1), including a detailed 
                statement of methodology and reasoning behind 
                recommendations.
                    (B) Public availability.--The report required by 
                subparagraph (A) shall be made available on an internet 
                website of the United States Government that is 
                available to the public.
    (i) Powers of Commission.--On request by the executive director of 
the Commission, the head of a Federal agency shall furnish information 
to the Commission.
    (j) Termination of Commission.--The Commission shall terminate 90 
days after the date on which the Commission submits the report under 
subsection (h)(2).
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated $1,000,000 to carry out this section.

SEC. 4. GAO REPORTS ON EFFECT OF SUPPLEMENTARY DATA ON CALCULATION OF 
              POVERTY RATES AND RELATED MEASURES.

    Not later than January 1, 2025, and every 2 years thereafter, the 
Comptroller General of the United States shall submit to Congress a 
report that compares the poverty rates and related measures calculated 
under the Annual Social and Economic Supplement to the Current 
Population Survey with the poverty rates and related measures 
calculated using the data collected under section 2(b)(1).
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