[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.
____________________