[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3756 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 3756

     To require the Bureau of the Census, in measuring poverty, to 
incorporate the distributional analysis of household income used by the 
          Congressional Budget Office, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2026

  Mr. Kennedy 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, in measuring poverty, to 
incorporate the distributional analysis of household income used by the 
          Congressional Budget Office, 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 Statistics Enhancement 
Act''.

SEC. 2. DEFINITIONS AND SPECIAL RULES.

    In this Act:
            (1) Administering agency.--The term ``administering 
        agency'' means a Federal, State, or local governmental agency 
        responsible for assessing income, collecting revenue, 
        administering a benefit, or collecting, compiling, and 
        analyzing data related to income assessments, revenue 
        collections, or benefits administration.
            (2) Director.--The term ``Director'' means the Director of 
        the Bureau of the Census.
            (3) Earned income.--
                    (A) In general.--The term ``earned income'' means 
                income paid to individuals from the following:
                            (i) Earnings from employment or self-
                        employment, including employment by a 
                        governmental entity to perform specific 
                        services, with continued employment conditional 
                        on successful delivery of those services.
                            (ii) Interest.
                            (iii) Dividends.
                            (iv) Rents, royalties, and estates and 
                        trusts.
                            (v) Realized capital gains.
                            (vi) The monetary value of employer-paid 
                        benefits, including--
                                    (I) health insurance premiums;
                                    (II) the actuarial value of--
                                            (aa) employer-funded health 
                                        insurance net of employee 
                                        contributions;
                                            (bb) life insurance 
                                        premiums;
                                            (cc) contributions to a 
                                        health savings account (as 
                                        defined in section 223(d) of 
                                        the Internal Revenue Code of 
                                        1986);
                                            (dd) contributions to a 
                                        qualified cash or deferred 
                                        arrangement (as defined in 
                                        section 401(k)(2) of such 
                                        Code);
                                            (ee) contributions to an 
                                        individual retirement plan (as 
                                        defined in section 7701(a)(37) 
                                        of such Code); and
                                            (ff) employer contributions 
                                        to a defined contribution 
                                        retirement plan (as defined in 
                                        section 414(i) of such Code);
                                    (III) benefits from a defined 
                                benefit retirement plan (as defined in 
                                section 414(j) of such Code) at the 
                                time the benefits are delivered;
                                    (IV) benefits provided to 
                                government employees tied specifically 
                                to their employment, including veterans 
                                benefits; and
                                    (V) other benefits paid by an 
                                employer during retirement, including 
                                pensions, healthcare coverage, and 
                                other benefits, counted at the time at 
                                which the benefit is received.
                            (vii) In-kind compensation such as cost-
                        free or reduced-cost lodging or meals, except 
                        for items required by the employer for 
                        performing work, such as uniforms or personal 
                        protective equipment.
                    (B) Special rules for earned income.--
                            (i) Adjustments generally.--For purposes of 
                        subparagraph (A), all types of earned income 
                        shall be reconciled and adjusted to known, 
                        reliable independent benchmarks, including 
                        benchmarks produced by statistical agencies, 
                        programmatic agencies, the Internal Revenue 
                        Service, private sources, and such other 
                        sources as the Director determines appropriate.
                            (ii) Readjustments.--In addition to 
                        adjusting earned income under clause (i), 
                        additional adjustments shall be made for 
                        missing and misreported data based on existing 
                        and future research by the Bureau of the 
                        Census, other government agencies, academic 
                        researchers, and other private research.
            (4) Government transfer payments.--
                    (A) In general.--The term ``government transfer 
                payments'' means any money, goods, services, or 
                discounts provided to individuals, families, or 
                households by or at the direction of Federal Government 
                or State, local, or other government sources, including 
                agencies and agents thereof, or by private entities at 
                the direction of any such source, that are not payments 
                for services performed as an employee or that are not 
                provided equally to all legal residents of the United 
                States without any conditions related to income, 
                assets, economic status, age, social condition, or any 
                other restriction.
                    (B) Inclusions.--The term ``government transfer 
                payments'' includes the following:
                            (i) Unemployment insurance compensation.
                            (ii) Workers' compensation.
                            (iii) Benefits administered by the Social 
                        Security Administration, including--
                                    (I) old-age insurance benefits and 
                                disability insurance benefits under 
                                title II of the Social Security Act (42 
                                U.S.C. 401 et seq.); and
                                    (II) supplemental security income 
                                benefits under title XVI of such Act 
                                (42 U.S.C. 1381 et seq.).
                            (iv) Benefits under the Railroad Retirement 
                        Act of 1974 (45 U.S.C. 231 et seq.).
                            (v) Other disability benefits from 
                        government, except those provided to government 
                        employees as part of their employment 
                        compensation.
                            (vi) Benefits provided under the Medicare 
                        program under title XVIII of the Social 
                        Security Act (42 U.S.C. 1395 et seq.), 
                        including any income-related subsidy described 
                        in section 1860D-14 of such Act (42 U.S.C. 
                        1395w-114), and any other reduction in premiums 
                        or cost sharing, such as deductibles, 
                        copayments, or coinsurance under such title.
                            (vii) So much of the amount of any income 
                        tax refund paid to a taxpayer which is 
                        attributable to--
                                    (I) the earned income credit under 
                                section 32 of the Internal Revenue Code 
                                of 1986;
                                    (II) the child tax credit under 
                                section 24 of such Code; and
                                    (III) any other refundable credit 
                                under subpart C of part IV of 
                                subchapter A of chapter 1 of such Code.
                            (viii) Assistance or benefits provided 
                        under the Temporary Assistance for Needy 
                        Families program established under part A of 
                        title IV of the Social Security Act (42 U.S.C. 
                        601 et seq.).
                            (ix) Medical assistance provided under the 
                        Medicaid program established under title XIX of 
                        the Social Security Act (42 U.S.C. 1396 et 
                        seq.).
                            (x) Child health assistance or pregnancy-
                        related assistance provided under the State 
                        Children's Health Insurance Program established 
                        under title XXI of the Social Security Act (42 
                        U.S.C. 1397aa et seq.).
                            (xi) Benefits provided pursuant to an 
                        Indian health program (as defined in section 4 
                        of the Indian Health Care Improvement Act (25 
                        U.S.C. 1603)).
                            (xii) Premium tax credits under section 36B 
                        of the Internal Revenue Code of 1986, cost-
                        sharing reduction payments under section 1402 
                        of the Patient Protection and Affordable Care 
                        Act (42 U.S.C. 18071), or any other payment 
                        that reduces the premium amount paid by the 
                        enrollee.
                            (xiii) Any other government payments to 
                        assist in purchasing medical care or health 
                        insurance.
                            (xiv) Benefits under the supplemental 
                        nutrition assistance program established under 
                        the Food and Nutrition Act of 2008 (7 U.S.C. 
                        2011 et seq.).
                            (xv) Free and reduced price meals provided 
                        under the Richard B. Russell National School 
                        Lunch Act (42 U.S.C. 1751 et seq.) and section 
                        4 of the Child Nutrition Act of 1966 (42 U.S.C. 
                        1773).
                            (xvi) Benefits and services provided under 
                        the special supplemental nutrition program for 
                        women, infants, and children established by 
                        section 17 of the Child Nutrition Act of 1966 
                        (42 U.S.C. 1786).
                            (xvii) Meals provided under the child and 
                        adult care food program established under 
                        section 17 of the Richard B. Russell National 
                        School Lunch Act (42 U.S.C. 1766).
                            (xviii) Rental assistance under section 8 
                        of the United States Housing Act of 1937 (42 
                        U.S.C. 1437f), including housing choice 
                        vouchers and project-based rental assistance.
                            (xix) Assistance provided by the Rural 
                        Housing Service of the Department of 
                        Agriculture, including rental assistance.
                            (xx) Assistance (including services) under 
                        the Low-Income Home Energy Assistance Program, 
                        established under the Low-Income Home Energy 
                        Assistance Act of 1981 (42 U.S.C. 8621 et 
                        seq.).
                            (xxi) A Federal Pell Grant under section 
                        401 of the Higher Education Act of 1965 (20 
                        U.S.C. 1070a).
                            (xxii) So much of the American Opportunity 
                        Tax Credit under section 25A of the Internal 
                        Revenue Code of 1986 as is allowed under 
                        subsection (i) thereof.
                            (xxiii) Such other transfers by or at the 
                        direction of Federal Government or State, 
                        local, or other government sources that the 
                        Director determines to be consistent with 
                        subparagraph (A) using available data sources.
            (5) Income tax data.--The term ``income tax data'' means 
        return information, as defined in section 6103(b)(2) of the 
        Internal Revenue Code of 1986 (26 U.S.C. 6103(b)(2)).
            (6) Statistical agency.--The term ``statisical agency'' 
        means--
                    (A) the Bureau of Labor Statistics of the 
                Department of Labor;
                    (B) the Bureau of Economic Analysis of the 
                Department of Commerce; and
                    (C) any other Federal, State, or local government 
                entity that collects, processes, or publishes data 
                related to any of the components of income covered by 
                this Act.
            (7) Taxes.--
                    (A) In general.--
                            (i) General definition.--The term ``taxes'' 
                        means all money revenues paid by individuals, 
                        families, or households to the Federal 
                        Government or a State, local, or other 
                        government either directly or indirectly 
                        through an employer or other entity based on 
                        their earnings from employment, savings, 
                        investing, real estate, trusts, or other 
                        sources or on the value, ownership, or usage of 
                        real estate property, personal property, other 
                        assets of any kind, or purchases of goods and 
                        services (including both real and financial).
                            (ii) Inclusions.--The term ``taxes'' 
                        includes--
                                    (I) employment taxes under subtitle 
                                C of the Internal Revenue Code of 1986 
                                (whether paid by the employer or 
                                employee);
                                    (II) income taxes, including taxes 
                                on investment income;
                                    (III) corporate income taxes 
                                allocated to shareholders based on best 
                                research on share of corporate taxes 
                                that reduce dividends;
                                    (IV) corporate income taxes 
                                allocated to employees based on best 
                                research on share of corporate taxes 
                                that reduce compensation;
                                    (V) self-employment income and 
                                payroll taxes;
                                    (VI) property taxes;
                                    (VII) capital gains taxes;
                                    (VIII) estate taxes;
                                    (IX) inheritance taxes;
                                    (X) gift taxes;
                                    (XI) sales taxes, use taxes, value 
                                added taxes, or any other fee collected 
                                by government on sales of any goods or 
                                any services (either real or financial) 
                                to households or individuals;
                                    (XII) excise taxes paid either 
                                separately or included as part of the 
                                price paid for a good or service;
                                    (XIII) tariffs and duties paid 
                                either directly or as part of the price 
                                paid for a good or service; and
                                    (XIV) such other sources of money 
                                revenues that the Director determines 
                                to be consistent with clause (i).
                    (B) Special rules for determining amounts of tax.--
                            (i) In general.--For purposes of 
                        subparagraph (A), totals of taxes shall be 
                        reconciled and adjusted to sum to total tax and 
                        other revenue income available from other 
                        reliable sources, including the Office of 
                        Management and Budget, the Department of the 
                        Treasury, and the Bureau of Economic Analysis.
                            (ii) Treatment of tax credits.--With 
                        respect to any taxpayer:
                                    (I) The amount of taxes paid shall 
                                be determined without regard to any 
                                refund paid to the taxpayer which is 
                                attributable to any refundable credit 
                                under subpart C of part IV of 
                                subchapter A of chapter 1 of the 
                                Internal Revenue Code of 1986.
                                    (II) The amount of any refund paid 
                                to the taxpayer which is attributable 
                                to any such refundable credit shall be 
                                treated as a government transfer 
                                payment in accordance with paragraph 
                                (3).

SEC. 3. ADJUSTMENT OF CENSUS INCOME INEQUALITY CALCULATION.

    (a) New Methodology.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Director, in consultation with the 
        heads of other appropriate Federal, State, and local agencies, 
        as determined by the Director, shall implement a new 
        methodology to measure poverty, in addition to the Official 
        Poverty Measure and the Supplemental Poverty Measure, that--
                    (A) uses the methodology outlined in the report of 
                the Congressional Budget Office titled ``Reconciling 
                the Official Poverty Measure and CBO's Distributional 
                Analysis of Household Income''; and
                    (B) measures the income of an individual as the 
                amount equal to--
                            (i) the sum of earned income and government 
                        transfer payments received by the individual, 
                        less
                            (ii) the taxes paid by the individual.
            (2) Resolution of potential conflict.--To the extent of any 
        conflict between the requirements under subparagraphs (A) and 
        (B) of paragraph (1), the requirement under such subparagraph 
        (A) shall supersede the requirement under such subparagraph 
        (B).
    (b) Agency Data.--
            (1) Federal agencies.--Not later than 180 days after the 
        head of a Federal agency receives a request from the Director 
        for data possessed or reasonably obtainable by such Federal 
        agency for carrying out this section, such head shall make 
        available to the Director such data to the extent otherwise 
        permitted by law.
            (2) State and local agencies.--The Director may request the 
        head of a State or local agency that is an administering agency 
        to provide such data as the Director determines necessary to 
        carry out this section.
    (c) Publication of Data.--
            (1) Data report.--Not later than 1 year after the date on 
        which the Director implements the new methodology required 
        under subsection (a), the Director shall submit to Congress a 
        report detailing the implementation of this Act, including the 
        availability and quality of data from the administering 
        agencies from which the Director has requested information for 
        carrying out this section.
            (2) Measurement report.--
                    (A) In general.--Not later than 1 year after the 
                date on which the Director implements the new 
                methodology required under subsection (a), the Director 
                shall submit to Congress a report detailing the 
                implementation of this Act, including--
                            (i) the recalculated measures of income 
                        inequality based on the new calculation 
                        methodology implemented under subsection (a);
                            (ii) a comparison between the recalculated 
                        measures of income inequality and of household 
                        income dispersion based on the new calculation 
                        methodology implemented under subsection (a) 
                        and such measures based on the calculation 
                        methodologies in use for such measures on the 
                        day before the date on which such new 
                        calculation methodology was implemented; and
                            (iii) a comparison between each statistic 
                        tracked by the Bureau of the Census based on 
                        the new calculation methodology implemented 
                        under subsection (a) and such statistic based 
                        on the calculation methodologies in use for 
                        such statistic on the day before the date on 
                        which such new calculation methodology was 
                        implemented.
                    (B) Data sources.--
                            (i) In general.--The Director shall use the 
                        best available data sources in creating the 
                        report required under subparagraph (A), 
                        including the use of surveys previously 
                        collected by the Bureau of the Census, data 
                        from other statistical agencies, data from 
                        private sources, and, in cases of missing or 
                        unknown data, statistical imputations.
                            (ii) Survey augmentation.--In carrying out 
                        clause (i), the Director may augment surveys 
                        being carried out by the Bureau of the Census 
                        or the Bureau of Labor Statistics of the 
                        Department of Labor.
            (3) Statistics publication.--For all publications and data 
        sets issued after the date on which the Director implements the 
        new methodology required under subsection (a), the Director 
        shall use such new calculation methodology to calculate each 
        instance of each measure or statistic based on such 
        methodology, including each historical instance.
    (d) Protection and Disclosure of Personally Identifiable 
Information.--
            (1) In general.--The security, disclosure, and 
        confidentiality provisions set for 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 Federal and State law.
            (3) Criminal penalties.--Any individual who knowingly 
        accesses or discloses personally identifiable information in 
        violation of this section shall be fined not more than 
        $300,000, imprisoned for not more than 5 years, or both.
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