[Congressional Record Volume 168, Number 92 (Thursday, May 26, 2022)]
[Senate]
[Pages S2735-S2736]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     METROPOLITAN AREAS PROTECTION AND STANDARDIZATION ACT OF 2021

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 349, S. 1941.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1941) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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

[[Page S2736]]

     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).

  Mr. CARDIN. I ask unanimous consent that the committee-reported 
substitute amendment be agreed to; that the bill, as amended, be 
considered read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 1941), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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