Common-Sense Census Act of 2021
Bill: H.R.2084 | Sponsor: Rep. Cawthorn, Madison (R-NC)
Policy area: Government Operations and Politics

Summary:
Common-Sense Census Act of 2021
This bill provides for the collection of citizenship status information for the population of the United States.
Specifically, the bill directs the Census Bureau to collect statistics on the citizenship status of persons permanently residing in the United States. Further, beginning with the questionnaire for the 2020 decennial census and thereafter, the Census Bureau must include a checkbox or other similar option for the respondent to indicate whether such individual, and each member of that individual's household, is a U.S. citizen or national.
Additionally, the Department of Commerce must establish the Citizenship Data Interagency Working Group to develop and submit recommendations to maximize the percentage of the U.S. population about which Commerce has citizenship status information.

To collect and consolidate citizenship status information for the 
        population of the United States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Common-Sense Census Act of 2021''.

SEC. 2. CITIZENSHIP STATUS STATISTICS.

    (a) In General.--Chapter 3 of title 13, United States Code, is 
amended by adding at the end the following new section:
``Sec. 104. Citizenship status
    ``The Secretary shall collect statistics on the citizenship status 
of persons permanently residing in the United States.''.
    (b) Clerical Amendment.--The table of sections for chapter 3 of 
title 13, United States Code, is amended by inserting after the item 
related to section 103 the following new item:

``104. Citizenship status.''.
    (c) Citizenship Status on Census Questionnaires.--Section 141 of 
title 13, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) In conducting the 2030 decennial census and each decennial 
census thereafter, the Secretary shall include in any questionnaire 
distributed or otherwise used for the purpose of determining the total 
population by States a checkbox or other similar option for the 
respondent to indicate, for the respondent and for each of the members 
of the household of the respondent, whether such individual is a 
citizen or national of the United States.''.

SEC. 3. CITIZENSHIP DATA INTERAGENCY WORKING GROUP.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Commerce shall establish the 
Citizenship Data Interagency Working Group (hereinafter referred to as 
the ``Working Group'').
    (b) Duties.--The Working Group shall develop and submit to the 
Secretary recommendations to increase to the maximum extent practicable 
the percentage of the population of the United States with respect to 
which the Department of Commerce has information about citizenship 
status, including recommendations for improving the access of the 
Department of Commerce to records containing such information that are 
held by Federal agencies or State or local governments.
    (c) Membership.--
            (1) Members.--
                    (A) In general.--The Working Group shall consist of 
                the Director of the Census Bureau, who shall serve as 
                the chair, and the individuals appointed under 
                subparagraph (B).
                    (B) Agency appointments.--
                            (i) In general.--At the request of the 
                        chair of the Working Group to a Federal agency, 
                        the head of such Federal agency shall, not 
                        later than 1 month after the date on which such 
                        request is made, appoint one individual 
                        employed by such Federal agency to serve as a 
                        member of the Working Group representing such 
                        Federal agency.
                            (ii) Initial requests.--Not later than 3 
                        months after the date of the enactment of this 
                        Act, the chair of the Working Group shall make 
                        the request described in clause (i) to each 
                        Federal agency from which an initial member of 
                        the Working Group shall be appointed under such 
                        clause.
            (2) Terms.--A member of the Working Group appointed under 
        paragraph (1)(B) shall be appointed for a term of 2 years.
            (3) Quorum.--A quorum shall be 2 members of the Working 
        Group.
            (4) Vacancies.--
                    (A) In general.--Except as otherwise provided in 
                this paragraph, any vacancy occurring in the membership 
                of the Working Group shall be filled in the same manner 
                as the original appointment for the position being 
                vacated.
                    (B) Agency appointments.--With respect to filling a 
                vacancy for which the original appointment was made 
                under paragraph (1)(B), a head of a Federal agency 
                shall fill such vacancy without a request from the 
                chair of the Working Group.
                    (C) Agency participation ending.--A vacancy 
                resulting from the expiration of the term of a member 
                appointed under paragraph (1)(B) shall not be filled if 
                the chair has provided notice to the Federal agency 
                which such member represented that such participation 
                by such Federal agency in the Working Group is no 
                longer required.
                    (D) Term continued.--The term of a member appointed 
                to fill a vacancy, other than a vacancy resulting from 
                the expiration of the term of a member, shall be the 
                remainder of the term of the former member who vacated 
                the position.
                    (E) Vacancy effects.--A vacancy shall not affect 
                the power of the remaining members to execute the 
                duties of the Working Group except to the extent that 
                such vacancy results in less than a quorum.
            (5) Compensation.--Members of the Working Group who are 
        full-time officers or employees of the United States or Members 
        of Congress may not receive additional pay, allowances, or 
        benefits by reason of their service on the Working Group.
    (d) Administrative and Technical Support.--The Secretary shall 
provide the Working Group with such administrative support, staff, and 
technical assistance as the Secretary determines necessary for the 
Working Group to carry out it duties.
    (e) Detail of Federal Employees.--Any Federal employee may be 
detailed to the Commission without reimbursement from the Commission, 
and such detailee shall retain the rights, status, and privileges of 
his or her regular employment without interruption.
    (f) Federal Advisory Committee Act.--The provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to 
the Working Group.
    (g) Definitions.--In this section:
            (1) Federal agency.--The term ``Federal agency'' means any 
        agency as that term is defined in section 551(1).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (3) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.

SEC. 4. CITIZENSHIP-BASED REAPPORTIONMENT.

    Section 22(a) of the Act entitled ``An Act to provide for the 
fifteenth and subsequent decennial censuses and to provide for 
apportionment of Representatives in Congress'', approved June 28, 1929 
(2 U.S.C. 2a(a)), is amended to read as follows:
    ``(a) On the first day, or within one week thereafter, of the first 
regular session of the One Hundred Twenty-second Congress and of each 
fifth Congress thereafter, the President shall transmit to the Congress 
a statement showing the whole number of persons in each State, 
excluding Indians not taxed, as ascertained under the seventeenth and 
each subsequent decennial census of the population, and the number of 
Representatives to which each State would be entitled under an 
apportionment of the then existing number of Representatives by the 
method known as the method of equal proportions under which only 
citizens of the United States shall be considered in determining such 
apportionment, no State to receive less than one Member.''.
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