H. Rept. 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 POPULATION115th Congress (2017-2018)
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-705
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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
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May 24, 2018.--Referred to the House Calendar and ordered to be printed
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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\
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\1\Clause 7 of Rule XIII.
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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\
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\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).
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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.
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