G:\M\16\MALONE\MALONE_118.XML ..................................................................... (Original Signature of Member) H. R. ll 116TH CONGRESS 2D SESSION To modify the deadline for completing the 2020 decennial census of population and related tabulations, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which was referred to the Committee on llllllllllllll A BILL To modify the deadline for completing the 2020 decennial census of population and related tabulations, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Fair and Accurate 5 Census Act’’. 6 SEC. 2. CENSUS DEADLINE MODIFICATION. 7 Notwithstanding the timetables provided in sections 8 141(b) and (c) of title 13, United States Code, and section g:\VHLC\052620\052620.048.xml May 26, 2020 (11:57 a.m.) VerDate Mar 15 2010 11:57 May 26, 2020 Jkt 000000 (764032 5) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\TRCASSIDY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MALONE_ G:\M\16\MALONE\MALONE_118.XML 2 1 22(a) of the Act entitled ‘‘An Act to provide for the fif2 teenth and subsequent decennial censuses and to provide 3 for an apportionment of Representatives in Congress’’, ap4 proved June 18, 1929 (2 U.S.C. 2a(a)), for the 2020 de5 cennial census of the population— 6 (1) the tabulation of total population by States 7 required by section 141(a) of such title for the ap- 8 portionment of Representatives in Congress among 9 the several States shall be completed and reported 10 by the Secretary to the President within 13 months 11 after the decennial census date of April 1, 2020, and 12 shall be made public by the Secretary no later than 13 the date on which it is reported to the President; 14 (2) the President shall transmit to the Congress 15 a statement showing the whole number of persons in 16 each State, and the number of Representatives to 17 which each State would be entitled under an appor- 18 tionment of the then existing number of Representa- 19 tives, as required by such section 22(a), and deter- 20 mined solely as described therein, within 14 days 21 after receipt of the tabulation reported by the Sec- 22 retary; and 23 (3) the tabulations of populations required by 24 section 141(c) of such title shall be completed by the 25 Secretary as expeditiously as possible after the cen- g:\VHLC\052620\052620.048.xml May 26, 2020 (11:57 a.m.) VerDate Mar 15 2010 11:57 May 26, 2020 Jkt 000000 (764032 5) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\TRCASSIDY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MALONE_ G:\M\16\MALONE\MALONE_118.XML 3 1 sus date of April 1, 2020, taking into account each 2 State’s deadlines for legislative apportionment or 3 districting, and reported to the Governor of the 4 State involved and to the officers or public bodies 5 having responsibility for legislative apportionment or 6 districting of such State, except that such tabula- 7 tions of population of each State requesting a tab- 8 ulation plan, and basic tabulations of population of 9 each other State, shall be completed, reported, and 10 transmitted to each respective State within 16 11 months after the decennial census date of April 1, 12 2020. 13 SEC. 3. REPORTING REQUIREMENTS FOR 2020 CENSUS. 14 On the first day of each month during the period be- 15 tween the date of enactment of this Act and July 1, 2021, 16 the Director of the Bureau of the Census shall submit, 17 to the Committee on Oversight and Reform of the House 18 of Representatives, the Committee on Homeland Security 19 and Governmental Affairs of the Senate, and the Commit20 tees on Appropriations of the House and the Senate, a 21 report regarding the 2020 decennial census of population 22 containing the following information: 23 (1) The total number of field staff, sorted by 24 category, hired by the Bureau compared to the num- g:\VHLC\052620\052620.048.xml May 26, 2020 (11:57 a.m.) VerDate Mar 15 2010 11:57 May 26, 2020 Jkt 000000 (764032 5) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\TRCASSIDY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MALONE_ G:\M\16\MALONE\MALONE_118.XML 4 1 ber of field staff the Bureau estimated was nec- 2 essary to carry out such census. 3 (2) Retention rates of such hired field staff. 4 (3) Average wait time for call center calls and 5 average wait time for each language provided. 6 (4) Anticipated schedule of such census oper- 7 ations. 8 (5) Total appropriations available for obligation 9 for such census and a categorized list of total dis- 10 bursements. 11 (6) Non-Response Follow-Up completion rates 12 by geographic location. 13 (7) Update/Enumerate and Update/Leave com- 14 pletion rates by geographic location. 15 (8) Total spending to date on media, advertise- 16 ments, and partnership specialists, including a geo- 17 graphic breakdown of such spending. 18 (9) Post-enumeration schedule and subsequent 19 data aggregation and delivery progress. 20 SEC. 4. PROVIDING BUREAU OF THE CENSUS ACCESS TO 21 INFORMATION FROM INSTITUTIONS OF HIGH- 22 ER EDUCATION. 23 (a) IN GENERAL.—Notwithstanding any other provi- 24 sion of law, including section 444 of the General Edu25 cation Provisions Act (commonly known as the ‘‘Family g:\VHLC\052620\052620.048.xml May 26, 2020 (11:57 a.m.) VerDate Mar 15 2010 11:57 May 26, 2020 Jkt 000000 (764032 5) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\TRCASSIDY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MALONE_ G:\M\16\MALONE\MALONE_118.XML 5 1 Educational Rights and Privacy Act of 1974’’), an institu2 tion of higher education may, in furtherance of a full and 3 accurate decennial census of population count, provide to 4 the Bureau of the Census information requested by the 5 Bureau for purposes of enumeration for the 2020 decen6 nial census of population. 7 (b) APPLICATION.— 8 (1) INFORMATION.—Only information requested 9 on the official 2020 decennial census of population 10 form may be provided to the Bureau of the Census 11 pursuant to this section. No institution of higher 12 education may provide any information to the Bu- 13 reau on the immigration or citizenship status of any 14 individual. 15 (2) NOTICE information 16 can be provided to the Bureau, the institution of 17 higher education shall give public notice of the cat- 18 egories of information which it plans to provide and 19 shall allow 10 days after such notice has been given 20 for a student to inform the institution that any or 21 all of the information designated should not be re- 22 leased without the student’s prior consent. No insti- 23 tution of higher education shall provide the Bureau 24 with the information of any individual who has ob- 25 jected to the provision of such information. g:\VHLC\052620\052620.048.xml May 26, 2020 (11:57 a.m.) VerDate Mar 15 2010 REQUIRED.—Before 11:57 May 26, 2020 Jkt 000000 (764032 5) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\TRCASSIDY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MALONE_ G:\M\16\MALONE\MALONE_118.XML 6 1 (3) USE OF INFORMATION.—Information pro- 2 vided to the Bureau pursuant to this section may 3 only be used for the purposes of enumeration for the 4 2020 decennial census of population. 5 (c) DEFINITION 6 CATION.—In OF INSTITUTION OF HIGHER EDU- this section, the term ‘‘institution of higher 7 education’’ has the meaning given that term in section 102 8 of the Higher Education Act of 1965 (20 U.S.C. 1002). 9 (d) SUNSET.—The authority provided in this section 10 shall expire at the conclusion of 2020 census operations. 11 SEC. 5. LIMITATION. 12 The Bureau of the Census may not compile, produce, 13 or publish any data product or tabulation as part of, in 14 combination with, or in connection with, the 2020 decen15 nial census of population or any such census data pro16 duced pursuant to section 141(c) of title 13, United States 17 Code, that includes topics specific to the 2020 Census that 18 were not part of the report submitted pursuant to section 19 141(f)(1) of title 13, United States Code, on March 28, 20 2017, and the 2018 End-to-End Census Test conducted 21 in Providence County, Rhode Island. g:\VHLC\052620\052620.048.xml May 26, 2020 (11:57 a.m.) VerDate Mar 15 2010 11:57 May 26, 2020 Jkt 000000 (764032 5) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\TRCASSIDY\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\MALONE_