[House Report 115-705]
[From the U.S. Government Publishing Office]


115th Congress    }                                    {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {      115-705

======================================================================

 
 RESOLUTION OF INQUIRY DIRECTING THE SECRETARY OF COMMERCE TO PROVIDE 
    CERTAIN DOCUMENTS IN THE SECRETARY'S POSSESSION TO THE HOUSE OF 
   REPRESENTATIVES RELATING TO THE DECISION TO INCLUDE A QUESTION ON 
         CITIZENSHIP IN THE 2020 DECENNIAL CENSUS OF POPULATION

                                _______
                                

May 24, 2018.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mr. Gowdy, from the Committee on Oversight and Government Reform, 
                        submitted the following

                             ADVERSE REPORT

                       [To accompany H. Res. 877]

    The Committee on Oversight and Government Reform, to whom 
was referred the resolution (H. Res. 877) of inquiry directing 
the Secretary of Commerce to provide certain documents in the 
Secretary's possession to the House of Representatives relating 
to the decision to include a question on citizenship in the 
2020 decennial census of population, having considered the 
same, report unfavorably thereon without amendment and 
recommend that the resolution not be agreed to.

                                CONTENTS

                                                                   Page
Summary and Purpose of the Legislation...........................     2
Background and Need for Legislation..............................     2
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     2
Statement of General Performance Goals and Objectives............     3
Legislative History..............................................     3
Committee Consideration..........................................     3
Roll Call Votes..................................................     3
Explanation of Amendments........................................     5
Application of Law to the Legislative Branch.....................     5
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     5
Federal Advisory Committee Act...................................     5
Unfunded Mandates Statement......................................     5
Earmark Identification...........................................     5
Committee Estimate...............................................     5
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     6
Section-by-Section Analysis......................................     6
Changes in Existing Law Made by the Bill, as Reported............     6

                   SUMMARY AND PURPOSE OF LEGISLATION

    House Resolution 877 is a resolution of inquiry directing 
the Secretary of Commerce to provide certain documents to the 
House of Representatives relating to the decision to include a 
question on citizenship in the 2020 decennial census of 
population.

                  BACKGROUND AND NEED FOR LEGISLATION

    A resolution of inquiry is a simple resolution of the House 
directing an agency to produce records or information. The 
Rules of the House of Representatives require the committee of 
jurisdiction to act on the resolution within 14 legislative 
days, or a motion to discharge is considered privileged on the 
floor of the House.\1\
---------------------------------------------------------------------------
    \1\Clause 7 of Rule XIII.
---------------------------------------------------------------------------
    In December 2017, the Department of Justice (DOJ) requested 
the Department of Commerce (DOC) add questions to the 2020 
Census related to citizenship.\2\ DOJ believes a census 
citizenship question will help it better enforce the Voting 
Rights Act. On March 26, 2018, Secretary of Commerce Wilbur 
Ross announced his decision to include a question on 
citizenship on the 2020 census questionnaire.\3\ In accordance 
with federal law, on March 29, 2018, the Commerce Department 
presented Congress with the 2020 census questions.\4\
---------------------------------------------------------------------------
    \2\Letter from Arthur E. Gary, General Counsel, Justice Management 
Division, U.S. Department of Justice to U.S. Census Bureau (December 
12, 2017).
    \3\Letter from Secretary Wilbur Ross, Department of Commerce, to 
Karen Dunn Kelley, Under Secretary for Economic Affairs, Department of 
Commerce (March 26, 2018).
    \4\13 U.S. Code Sec. 141(f)(2).
---------------------------------------------------------------------------
    H. Res. 877 would direct the Secretary of Commerce to 
provide any document, record, memo, correspondence, or other 
communication to the House of Representatives relating to the 
decision to include a question on citizenship in the 2020 
decennial census of population.
    To ensure the Committee adversely reported the resolution 
timely, the Committee considered the resolution at a business 
meeting on May 23, 2018. At the meeting, the Committee ordered 
H. Res. 877 adversely reported without amendment, with the 
recommendation the House not agree to the resolution.
    The Committee reported the resolution adversely because the 
resolution is unnecessary. At a Committee hearing on May 8, 
2018, the Department of Commerce agreed to provide the 
Committee with the administrative record in this matter once 
such documents are filed with the court in State of New York 
et. al. v. United States Department of Commerce et. al. The 
court-imposed deadline for filing the administrative record is 
June 8, 2018. Therefore, the Committee considers the resolution 
premature and unnecessary, because the documents are expected 
in a matter of weeks.

  STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the previous section.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, H. Res. 877 directs the 
Secretary of Commerce to provide certain documents to the House 
of Representatives relating to the decision to include a 
question on citizenship in the 2020 decennial census of 
population.

                          LEGISLATIVE HISTORY

    On May 8, 2018, the Committee held a hearing titled, 
``Progress Report on the 2020 Census.'' The Committee heard 
testimony from the Department of Commerce, the Census Bureau, 
two census experts at the Government Accountability Office, and 
a law professor from Loyola University Los Angeles Law School. 
Mr. John M. Gore, Acting Assistant Attorney General for the 
Civil Rights Division at the Department of Justice was invited 
and accepted the invitation, but at the last minute refused to 
appear. The Chairman recessed the hearing subject to the call 
of the Chair and reconvened a second panel of the hearing on 
May 18, 2018, at which point Mr. Gore appeared on threat of 
subpoena. At the hearing, Mr. Gore testified regarding the 
Department of Justice's request to the Census Bureau to add a 
citizenship question to the 2020 census questionnaire.
    On May 8, 2018, Representative Jimmy Gomez (D-CA) 
introduced H. Res. 877 together with 70 other Democrat members. 
H. Res. 877 was referred to the Committee on Oversight and 
Government Reform. The Committee considered H. Res. 877 at a 
business meeting on May 23, 2018, and ordered the bill 
adversely reported without amendment by recorded vote.

                        COMMITTEE CONSIDERATION

    On May 23, 2018, the Committee met in open session and, 
with a quorum being present, ordered the resolution adversely 
reported by a roll call vote of 20 to 16.

                            ROLL CALL VOTES

    There was one roll call vote during consideration of H. 
Res. 877:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                       EXPLANATION OF AMENDMENTS

    There were no amendments to H. Res. 877 offered or adopted 
during Committee consideration of the resolution.

              APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This resolution of inquiry would direct the Secretary of 
Commerce to provide certain documents to the House of 
Representatives relating to the decision to include a question 
on citizenship in the 2020 decennial census of population. As 
such, this bill does not relate to employment or access to 
public services and accommodations.

                    DUPLICATION OF FEDERAL PROGRAMS

    In accordance with clause 2(c)(5) of rule XIII no provision 
of this bill establishes or reauthorizes a program of the 
Federal Government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    This bill does not direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
United States Code.

                     FEDERAL ADVISORY COMMITTEE ACT

    The Committee finds the legislation does not establish or 
authorize the establishment of an advisory committee within the 
definition of Section 5(b) of the appendix to title 5, United 
States Code.

                      UNFUNDED MANDATES STATEMENT

    Pursuant to section 423 of the Congressional Budget and 
Impoundment Control Act (Pub. L. 113-67) the Committee has 
included a letter received from the Congressional Budget Office 
below.

                         EARMARK IDENTIFICATION

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                           COMMITTEE ESTIMATE

    In compliance with clause 3(d) of rule XIII of the Rules of 
the House of Representatives, the Committee estimates that 
implementing this non-binding resolution would not result in 
any significant costs. The Congressional Budget Office did not 
provide a cost estimate for the resolution.

   NEW BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this resolution does 
not provide new budgetary authority or increased tax 
expenditures.

                      SECTION-BY-SECTION ANALYSIS

Section 1

    This section directs the Secretary of Commerce transmit to 
the House of Representatives within 14 days of adoption of the 
resolution copies of any document, record, memo, 
correspondence, or other communication, or any portion of any 
such communication, that refers or relates to the following:
          (1) addition of the citizenship question to the 2020 
        census questionnaire, including communications with any 
        other government or non-government entity.
          (2) the December 12, 2017 letter from the Department 
        of Justice requesting the addition of the citizenship 
        question.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This resolution would make no changes to existing law.

                                  [all]