[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1941 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 349
117th CONGRESS
  2d Session
                                S. 1941

                          [Report No. 117-98]

   To direct the Director of the Office of Management and Budget to 
standardize the use of core-based statistical area designations across 
Federal programs, to allow between 120 and 180 days for public comment 
   on any proposed change to such designations, and to report on the 
   scientific basis and estimated impact to Federal programs for any 
     proposed change to such designations, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 2021

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

                             April 27, 2022

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To direct the Director of the Office of Management and Budget to 
standardize the use of core-based statistical area designations across 
Federal programs, to allow between 120 and 180 days for public comment 
   on any proposed change to such designations, and to report on the 
   scientific basis and estimated impact to Federal programs for any 
     proposed change to such designations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Metropolitan Areas 
Protection and Standardization Act of 2021'' or the ``MAPS Act of 
2021''.</DELETED>

<DELETED>SEC. 2. REQUIREMENTS FOR MODIFICATION OF CBSA 
              STANDARDS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Core-based statistical area.--The term ``core-
        based statistical area'' has the meaning given the term by the 
        Office of Management and Budget in the Notice of Decision 
        entitled ``2010 Standards for Delineating Metropolitan and 
        Micropolitan Statistical Areas'', published in the Federal 
        Register on June 28, 2010 (75 Fed. Reg. 37246), or any 
        successor to that Notice.</DELETED>
        <DELETED>    (2) Director.--The term ``Director'' means the 
        Director of the Office of Management and Budget.</DELETED>
<DELETED>    (b) Requirements.--</DELETED>
        <DELETED>    (1) In general.--Before the Director recommends, 
        adopts, or implements any change to the standards for a core-
        based statistical area, the Director shall--</DELETED>
                <DELETED>    (A) require the complete reporting of the 
                use of core-based statistical area designations as 
                standardized by the Office of Management and Budget in 
                accordance with the amendments made by subsections (c) 
                and (d);</DELETED>
                <DELETED>    (B) allow for public comment on any 
                proposed change to the standards for a core-based 
                statistical area for a period of not less than 120 days 
                and not more than 180 days; and</DELETED>
                <DELETED>    (C) submit a public report, produced in 
                accordance with paragraph (2), to the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate and the Committee on Oversight and Reform of the 
                House of Representatives on--</DELETED>
                        <DELETED>    (i) the scientific basis, 
                        criteria, and methodology for any such change 
                        to existing standards, including clear 
                        quantitative thresholds for determining any 
                        future statistical redesignations; 
                        and</DELETED>
                        <DELETED>    (ii) the complete list of Federal 
                        programs that would be impacted by any such 
                        change to existing standards, including the 
                        estimated impact on a county level to Federal 
                        services, opportunities, and funding of these 
                        programs, which shall be made available in a 
                        searchable format and consistent with the 
                        reporting described in subparagraph 
                        (A).</DELETED>
        <DELETED>    (2) Required consultation.--The Director shall--
        </DELETED>
                <DELETED>    (A) for purpose of reporting the 
                information described in paragraph (1)(C)(i), consult 
                with domestic and international experts in statistics 
                and demographics, including government experts at the 
                Bureau of the Census and other relevant agencies, to 
                assess and justify what scientific basis, criteria, and 
                methodology should determine a region's descriptive 
                status as metropolitan or nonmetropolitan, including 
                any other necessary categories; and</DELETED>
                <DELETED>    (B) for purpose of reporting the 
                information described in paragraph (1)(C)(ii), consult 
                with program staff and other relevant entities, such as 
                representatives from State, local, and tribal 
                governments, as well as representatives from the 
                business community.</DELETED>
<DELETED>    (c) Agency Use of Statistical Standards.--Section 3504(e) 
of title 44, United States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (8)(B)(ii), by striking ``and'' 
        at the end;</DELETED>
        <DELETED>    (2) in paragraph (9)(B), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(10) collaborate with Federal agencies to study 
        and disclose any impact to Federal programs based on 
        implementation of paragraph (3), including agencies that use 
        statistical standards for both statistical and non-statistical 
        purposes.''.</DELETED>
<DELETED>    (d) Standardization.--</DELETED>
        <DELETED>    (1) Program information requirements.--Section 
        6102(a)(2) of title 31, United States Code, is amended--
        </DELETED>
                <DELETED>    (A) by redesignating subparagraph (G) and 
                subparagraph (H);</DELETED>
                <DELETED>    (B) in subparagraph (F), by striking 
                ``and'' at the end; and</DELETED>
                <DELETED>    (C) by inserting after subparagraph (F) 
                the following:</DELETED>
                <DELETED>    ``(G) use of core-based statistical area 
                designations (as chosen from a standardized list 
                determined by the Office of Management and Budget), for 
                purposes including prime recipient eligibility for, and 
                distribution of, the funding; and''.</DELETED>
        <DELETED>    (2) Federal funding accountability and 
        transparency act of 2006.--The Federal Funding Accountability 
        and Transparency Act of 2006 (31 U.S.C. 6101 note) is amended--
        </DELETED>
                <DELETED>    (A) in section 2(b)(1)--</DELETED>
                        <DELETED>    (i) by redesignating subparagraph 
                        (G) as subparagraph (H);</DELETED>
                        <DELETED>    (ii) in subparagraph (F)(ii), by 
                        striking the period at the end and inserting a 
                        semicolon; and</DELETED>
                        <DELETED>    (iii) by inserting after 
                        subparagraph (F) the following:</DELETED>
                <DELETED>    ``(G) use of core-based statistical area 
                designations (as chosen from a standardized list 
                determined by the Office of Management and Budget), for 
                purposes including prime recipient and subrecipient 
                eligibility for, and distribution of, the funding; 
                and''; and</DELETED>
                <DELETED>    (B) in section 3(b)--</DELETED>
                        <DELETED>    (i) in paragraph (3)(B), by 
                        striking ``and'' at the end;</DELETED>
                        <DELETED>    (ii) in paragraph (4)(B), by 
                        striking the period at the end and inserting 
                        ``; and''; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
        <DELETED>    ``(5) for each program activity, the use of core-
        based statistical area designations (as chosen from a 
        standardized list determined by the Office of Management and 
        Budget), for purposes including prime recipient and 
        subrecipient eligibility for, and distribution of, the 
        funding.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Metropolitan Areas Protection and 
Standardization Act of 2021'' or the ``MAPS Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Federal programs use core-based statistical area 
        delineations to determine the delivery of Federal services, 
        benefits, and funding to people in the United States, such as 
        in criteria for eligibility or distribution.
            (2) Core-based statistical area delineations provide a 
        nationally consistent set of standards for collecting, 
        tabulating, and publishing Federal statistics for geographic 
        areas, and they are not intended for any public or private 
        sector non-statistical uses such as program administration or 
        service delivery.
            (3) Updates to core-based statistical area delineations may 
        cause widespread disruption to the delivery of Federal 
        services, benefits, and funding to people in the United States 
        based on the reliance of Federal programs on these 
        delineations.
            (4) There does not exist any comprehensive list of Federal 
        programs that rely on core-based statistical area delineations. 
        Such a list is valuable for the study of how Federal services, 
        benefits, and funding are distributed to people in the United 
        States.
            (5) Increased transparency on the impacts of any update to 
        core-based statistical area delineations may be overly 
        burdensome due to the anticipated variety of Federal programs 
        that rely on these delineations. Any requirement for complete 
        disclosure of these impacts prior to implementation of new 
        delineations may unintentionally cause the existing 
        delineations to ossify.
            (6) In order to prevent any disruption to service delivery 
        of Federal programs based on updates to core-based statistical 
        area delineations, and ensure the independence of Federal 
        statistical policymaking, Congress must sever the link between 
        future updates to core-based statistical area delineations and 
        any automatic impact on Federal programs that rely on these 
        delineations.

SEC. 3. PURPOSE.

    This purpose of this Act is to ensure--
            (1) transparency in how core-based statistical area 
        delineations are used in domestic assistance programs; and
            (2) independence of the Office of Management and Budget in 
        establishing and updating core-based statistical area 
        delineations.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (2) Comptroller general.--The term ``Comptroller General'' 
        means the Comptroller General of the United States.
            (3) Core-based statistical area.--The term ``core-based 
        statistical area'' has the meaning given the term by the Office 
        of Management and Budget in the Notice of Decision entitled 
        ``2020 Standards for Delineating Core-Based Statistical 
        Areas'', published in the Federal Register on July 16, 2021 (86 
        Fed. Reg. 37770), or any successor to that Notice.
            (4) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (5) Domestic assistance program.--The term ``domestic 
        assistance program'' has the meaning given the term in section 
        6101 of title 31, United States Code.
            (6) Open government data asset.--The term ``open Government 
        data asset'' has the meaning given the term in section 3502 of 
        title 44, United States Code.

SEC. 5. NON-PROPAGATION OF CORE-BASED STATISTICAL AREA DELINEATIONS.

    (a) Amendment.--Chapter 63 of title 31, United States Code, is 
amended by adding at the end the following:
``Sec. 6309. Non-propagation of core-based statistical area 
              delineations
    ``(a) In General.--Beginning on the date of enactment of the MAPS 
Act of 2021, and notwithstanding any other provision of law, any change 
to the standards of core-based statistical area delineations pursuant 
to section 3504(e) of title 44--
            ``(1) shall not propagate automatically for any non-
        statistical use by any domestic assistance program, including 
        any such use as required through--
                    ``(A) statutory reference to any core-based 
                statistical area delineation; or
                    ``(B) administrative or regulatory reference to any 
                core-based statistical area delineation; and
            ``(2) shall propagate for any non-statistical use by any 
        domestic assistance program only--
                    ``(A) if a relevant agency determines that such a 
                propagation--
                            ``(i) supports the purposes of the program; 
                        and
                            ``(ii) is in the public interest; and
                    ``(B) through affirmative adoption through notice-
                and-comment rulemaking pursuant to section 553 of title 
                5.
    ``(b) Definitions.--The definitions in section 4 of the MAPS Act of 
2021 shall apply to this section.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 63 of title 31, United States Code, is amended by inserting 
after the item relating to section 6308 the following:

``6309. Non-propagation of core-based statistical area delineations.''.

SEC. 6. TRANSPARENCY OF NON-STATISTICAL USES OF CORE-BASED STATISTICAL 
              AREA DELINEATIONS.

    (a) In General.--Section 6102(a)(2) of title 31, United States 
Code, is amended--
            (1) by redesignating subparagraph (G) as subparagraph (H);
            (2) in subparagraph (F), by striking ``and'' at the end; 
        and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) uses of core-based statistical area (as 
                defined in section 4 of the MAPS Act of 2021) 
                delineations (as chosen from standardized categories of 
                uses determined by the Director), for purposes 
                including prime recipient and subrecipient eligibility 
                for, and distribution of, any Federal service, benefit, 
                or funding; and''.
    (b) Content Requirements.--In collecting and reviewing the 
information required under section 6102(a)(2)(G) of title 31, United 
States Code, as amended by subsection (a) of this section, the Director 
shall include as standardized categories--
            (1) whether the most current core-based statistical area 
        delineation has been affirmatively adopted pursuant to section 
        6309 of title 31, United States Coded, as added by this Act;
            (2) which historical core-based statistical area 
        delineation was maintained, in cases where an updated 
        delineation has not been affirmatively adopted pursuant to 
        section 6309 of title 31, United States Coded, as added by this 
        Act;
            (3) what purpose the core-based statistical area 
        delineation serves, including--
                    (A) to determine eligibility for any Federal 
                service, benefit, or funding;
                    (B) to determine distribution of any Federal 
                service, benefit, or funding; and
                    (C) any other standardized category of purpose 
                determined by the Director;
            (4) whether the use of core-based statistical area 
        delineation directly concerns any--
                    (A) prime recipient of any Federal service, 
                benefit, or funding; and
                    (B) subrecipient of any Federal service, benefit, 
                or funding; and
            (5) the date when the information collected in this 
        subsection was last updated.
    (c) Accessibility Requirements.--The Director shall ensure that the 
information collected and reviewed under section 6102(a)(2)(G) of title 
31, United States Code, as amended by subsection (a) of this section, 
shall be--
            (1) publicly accessible as an open Government data asset;
            (2) presented in a user-friendly visual format with search 
        and download capabilities;
            (3) easily discoverable by the public on relevant 
        government websites; and
            (4) updated not less frequently than once every year.
    (d) Implementation Timeline.--The requirements of this section 
shall be fully implemented not later than 2 years after the date of 
enactment of this Act.

SEC. 7. INDEPENDENCE, INTEGRITY, AND ACCOUNTABILITY OF CORE-BASED 
              STATISTICAL AREA DELINEATIONS.

    Section 3504(e) of title 44, United States Code, is amended by--
            (1) in paragraph (8)(B)(ii), by striking ``and'' at the 
        end;
            (2) in paragraph (9)(B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) ensure that any change to the standards of core-
        based statistical area (as defined in section 4 of the MAPS Act 
        of 2021) delineations pursuant to this subsection shall--
                    ``(A) be accompanied by a public report that 
                explains--
                            ``(i) the scientific basis, criteria, and 
                        methodology for such change to existing 
                        standards, including clear quantitative 
                        thresholds for determining any future 
                        statistical re-delineations; and
                            ``(ii) the opinions of domestic and 
                        international experts in statistics and 
                        demographics, including government experts at 
                        the Bureau of the Census and other relevant 
                        agencies, who were consulted regarding such 
                        change to existing standards;
                    ``(B) not be influenced by any non-statistical 
                considerations such as impact on program administration 
                or service delivery; and
                    ``(C) not propagate automatically for any non-
                statistical use by any domestic assistance program (as 
                defined in section 4 of the MAPS Act of 2021).''.

SEC. 8. COMPTROLLER GENERAL REPORT.

    Not later than 3 years after the date of enactment of this Act, the 
Comptroller General shall submit to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee on Oversight 
and Reform of the House of Representatives a report that--
            (1) assesses the completeness, timeliness, quality, 
        accuracy, accessibility, and usefulness of the information 
        reported pursuant to section 6 and the amendment made by 
        section 6; and
            (2) identifies any Federal programs, including any domestic 
        assistance programs or other programs, that--
                    (A) use core-based statistical area delineations 
                for any non-statistical purpose; and
                    (B) as of the date of the report, are not reported 
                pursuant to section 6 and the amendment made by section 
                6; and
            (3) if appropriate, includes any recommendations for 
        Federal agencies or Congress based on the findings described in 
        paragraphs (1) and (2).
                                                       Calendar No. 349

117th CONGRESS

  2d Session

                                S. 1941

                          [Report No. 117-98]

_______________________________________________________________________

                                 A BILL

   To direct the Director of the Office of Management and Budget to 
standardize the use of core-based statistical area designations across 
Federal programs, to allow between 120 and 180 days for public comment 
   on any proposed change to such designations, and to report on the 
   scientific basis and estimated impact to Federal programs for any 
     proposed change to such designations, and for other purposes.

_______________________________________________________________________

                             April 27, 2022

                       Reported with an amendment