[117th Congress Public Law 219]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 2271]]
Public Law 117-219
117th Congress
An Act
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. <<NOTE: Dec. 5, 2022 - [S. 1941]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Metropolitan
Areas Protection and Standardization Act of 2021.>>
SECTION 1. <<NOTE: 31 USC 6101 note.>> 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. <<NOTE: 31 USC 6102 note.>> 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
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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. <<NOTE: 31 USC 6102 note.>> 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. <<NOTE: 31 USC 6102 note.>> 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. <<NOTE: 31 USC 6309.>> Non-propagation of core-based
statistical area delineations
``(a) <<NOTE: Effective date.>> 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) <<NOTE: Determination.>> if a relevant agency
determines that such a propagation--
``(i) supports the purposes of the program;
and
``(ii) is in the public interest; and
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``(B) through affirmative adoption through notice-
and-comment rulemaking pursuant to section 553 of title
5.
``(b) <<NOTE: Applicability.>> 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, <<NOTE: 31 USC 6301 prec.>>
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) <<NOTE: 31 USC 6102 note.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Public information. 31 USC 6102 note.>> 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;
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(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) <<NOTE: Updates. Deadlines.>> updated not less
frequently than once every year.
(d) <<NOTE: 31 USC 6102 note.>> 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) <<NOTE: Public information. Reports.>> 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) <<NOTE: Assessments.>> 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
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(3) <<NOTE: Recommenda- tions.>> if appropriate, includes
any recommendations for Federal agencies or Congress based on
the findings described in paragraphs (1) and (2).
Approved December 5, 2022.
LEGISLATIVE HISTORY--S. 1941:
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SENATE REPORTS: No. 117-98 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 168 (2022):
May 26, considered and passed Senate.
Nov. 14, considered and passed House.
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