II

106TH CONGRESS

1ST SESSION S. 166

To require the Secretary of Commerce to determine any surpluses or shortfalls

in certain grant amounts made available to States by reason of an

undercount in the most recent decennial census conducted by the Bureau

of the Census.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. MOYNIHAN introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

A BILL

To require the Secretary of Commerce to determine any

surpluses or shortfalls in certain grant amounts made

available to States by reason of an undercount in the

most recent decennial census conducted by the Bureau

of the Census.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DEFINITIONS.

4 In this Act:

5 (1) COVERED FEDERAL FORMULA GRANT.—The

6 term ‘‘covered Federal formula grant’’ means a

7 grant awarded by the Federal Government on the
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1 basis of a formula that provides for the distribution

2 of funds to States.

3 (2) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Commerce.

5 (3) STATE.—The term ‘‘State’’ means each of

6 the several States of the United States, the District

7 of Columbia, the Commonwealth of Puerto Rico, the

8 Virgin Islands, Guam, American Samoa, and the

9 Commonwealth of the Northern Mariana Islands.

10 SEC. 2. CALCULATIONS OF SHORTFALLS AND SURPLUS

11 AMOUNTS.

12 (a) IN GENERAL.—

13 (1) DETERMINATION OF FUNDING AMOUNTS.—

14 As soon as practicable after receiving the informa15 tion concerning the fiscal year immediately preced16 ing the date of enactment of this Act, and annually

17 thereafter, the Secretary, in consultation with the

18 Comptroller General of the United States and the

19 heads of appropriate Federal agencies, shall deter20 mine, for the immediately preceding fiscal year—

21 (A) the amount of funds made available

22 for that fiscal year for each covered Federal

23 formula grant program; and
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1 (B) for each covered Federal formula

2 grant program, the amount distributed to each

3 grant recipient.

4 (2) INFORMATION.—Not later than 120 days

5 after the date of enactment of this Act, and not

6 later than 120 days after the end of each fiscal year

7 thereafter, the head of each Federal agency that ad8 ministers a covered Federal formula grant program

9 shall submit to the Secretary—

10 (A) the amount of funds made available

11 for that program for that fiscal year; and

12 (B) for each State recipient of a covered

13 Federal formula grant, the amount distributed

14 as a grant award under that grant to that re15 cipient.

16 (b) DETERMINATIONS FOR FORMULA GRANT PRO17 GRAMS THAT RECEIVED THE GREATEST AMOUNT OF

18 FUNDING.—Upon making the determinations under sub19 section (a), the Secretary shall determine—

20 (1) the 100 covered Federal formula grant pro21 grams that received the greatest amounts of funding

22 during the preceding fiscal year; and

23 (2) whether, on the basis of undercounting for

24 the most recent decennial census (as determined by

25 the Secretary, acting through the Bureau of the
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1 Census), any State recipient of a grant award under

2 paragraph (1) received an amount less than or

3 greater than the amount that the recipient would

4 otherwise have received if an adjustment to the

5 grant award had been made for that undercounting.

6 (c) REPORTS.—

7 (1) IN GENERAL.—Upon making the determina8 tions under subsection (b), the Secretary shall pre9 pare, for each State, an annual report that

10 includes—

11 (A) a listing of any grant award under

12 subsection (b)(1) provided to that State that

13 was an amount less than or greater than

14 amount that the State would otherwise have re15 ceived if an adjustment for undercounting re16 ferred to in that subsection had been made; and

17 (B) for each grant award listed under sub18 paragraph (A), the amount of the shortfall or

19 surplus determined under subsection (b)(2).

20 (2) DISTRIBUTION.—The Secretary shall pro21 vide to the Governor of each State (or the equivalent

22 official) a copy of the report prepared under para23 graph (1) for that State.

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