,,ii #aaith ,,congress #b;d ,session ,s4 #cgef ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #b1 #bjbf ,mr4 ,kennedy introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to require the ,bureau of the ,census1 in measuring poverty1 to incorporate the distributional analysis of household income used by the ,congressional ,budget ,office1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,poverty ,statistics ,enhancement ,act4 #b4 ,definitions and special rules ,in this ,act3 7#a7 ,administering agency ,the term administering agency means a ,federal1 ,state1 or local governmental agency responsible for assessing income1 collecting revenue1 administering a benefit1 or collecting1 compiling1 and analyzing data related to income assessments1 revenue collections1 or benefits administration4 7#b7 ,director ,the term ,director means the ,director of the ,bureau of the ,census4 7#c7 ,earned income 7,a7 ,in general ,the term earned income means income paid to individuals from the following3 7i7 ,earnings from employment or self-employment1 including employment by a governmental entity to perform specific services1 with continued employment conditional on successful delivery of those services4 7ii7 ,interest4 7iii7 ,dividends4 7iv7 ,rents1 royalties1 and estates and trusts4 7v7 ,realized capital gains4 7vi7 ,the monetary value of employer-paid benefits1 including-- 7,i7 health insurance premiums2 7,,ii7 the actuarial value of-- 7aa7 employer-funded health insurance net of employee contributions2 7bb7 life insurance premiums2 7cc7 contributions to a health savings account 7as defined in section #bbc7;d7 of the ,internal ,revenue ,code of #aihf72 7dd7 contributions to a qualified cash or deferred arrangement 7as defined in section #dja7k77#b7 of such ,code72 7ee7 contributions to an individual retirement plan 7as defined in section #ggja7;a77#cg7 of such ,code72 and 7ff7 employer contributions to a defined contribution retirement plan 7as defined in section #dad7;i7 of such ,code72 7,,iii7 benefits from a defined benefit retirement plan 7as defined in section #dad7;j7 of such ,code7 at the time the benefits are delivered2 7,,iv7 benefits provided to government employees tied specifically to their employment1 including veterans benefits2 and 7,v7 other benefits paid by an employer during retirement1 including pensions1 healthcare coverage1 and other benefits1 counted at the time at which the benefit is received4 7vii7 ,in-kind compensation such as cost-free or reduced-cost lodging or meals1 except for items required by the employer for performing work1 such as uniforms or personal protective equipment4 7,b7 ,special rules for earned income 7i7 ,adjustments generally ,for purposes of subparagraph 7,a71 all types of earned income shall be reconciled and adjusted to known1 reliable independent benchmarks1 including benchmarks produced by statistical agencies1 programmatic agencies1 the ,internal ,revenue ,service1 private sources1 and such other sources as the ,director determines appropriate4 7ii7 ,readjustments ,in addition to adjusting earned income under clause 7i71 additional adjustments shall be made for missing and misreported data based on existing and future research by the ,bureau of the ,census1 other government agencies1 academic researchers1 and other private research4 7#d7 ,government transfer payments 7,a7 ,in general ,the term government transfer payments means any money1 goods1 services1 or discounts provided to individuals1 families1 or households by or at the direction of ,federal ,government or ,state1 local1 or other government sources1 including agencies and agents thereof1 or by private entities at the direction of any such source1 that are not payments for services performed as an employee or that are not provided equally to all legal residents of the ,united ,states without any conditions related to income1 assets1 economic status1 age1 social condition1 or any other restriction4 7,b7 ,inclusions ,the term government transfer payments includes the following3 7i7 ,unemployment insurance compensation4 7ii7 ,workers' compensation4 7iii7 ,benefits administered by the ,social ,security ,administration1 including-- 7,i7 old-age insurance benefits and disability insurance benefits under title ,,ii of the ,social ,security ,act 7#db ,u4,s4,c4 #dja et seq472 and 7,,ii7 supplemental security income benefits under title ,,xvi of such ,act 7#db ,u4,s4,c4 #acha et seq474 7iv7 ,benefits under the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bca et seq474 7v7 ,other disability benefits from government1 except those provided to government employees as part of their employment compensation4 7vi7 ,benefits provided under the ,medicare program under title ,,xviii of the ,social ,security ,act 7#db ,u4,s4,c4 #acie et seq471 including any income-related subsidy described in section #ahfj;,d-#ad of such ,act 7#db ,u4,s4,c4 #aciew-#aad71 and any other reduction in premiums or cost sharing1 such as deductibles1 copayments1 or coinsurance under such title4 7vii7 ,so much of the amount of any income tax refund paid to a taxpayer which is attributable to-- 7,i7 the earned income credit under section #cb of the ,internal ,revenue ,code of #aihf2 7,,ii7 the child tax credit under section #bd of such ,code2 and 7,,iii7 any other refundable credit under subpart ,c of part ,,iv of subchapter ,a of chapter #a of such ,code4 7viii7 ,assistance or benefits provided under the ,temporary ,assistance for ,needy ,families program established under part ,a of title ,,iv of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq474 7ix7 ,medical assistance provided under the ,medicaid program established under title ,,xix of the ,social ,security ,act 7#db ,u4,s4,c4 #acif et seq474 7x7 ,child health assistance or pregnancy-related assistance provided under the ,state ,children's ,health ,insurance ,program established under title ,,xxi of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;aa et seq474 7xi7 ,benefits provided pursuant to an ,indian health program 7as defined in section #d of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afjc774 7xii7 ,premium tax credits under section #cf;,b of the ,internal ,revenue ,code of #aihf1 cost-sharing reduction payments under section #adjb of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga71 or any other payment that reduces the premium amount paid by the enrollee4 7xiii7 ,any other government payments to assist in purchasing medical care or health insurance4 7xiv7 ,benefits under the supplemental nutrition assistance program established under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq474 7xv7 ,free and reduced price meals provided under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 and section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc74 7xvi7 ,benefits and services provided under the special supplemental nutrition program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aghf74 7xvii7 ,meals provided under the child and adult care food program established under section #ag of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agff74 7xviii7 ,rental assistance under section #h of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;f71 including housing choice vouchers and project-based rental assistance4 7xix7 ,assistance provided by the ,rural ,housing ,service of the ,department of ,agriculture1 including rental assistance4 7xx7 ,assistance 7including services7 under the ,low-,income ,home ,energy ,assistance ,program1 established under the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba et seq474 7xxi7 ,a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a74 7xxii7 ,so much of the ,american ,opportunity ,tax ,credit under section #be;,a of the ,internal ,revenue ,code of #aihf as is allowed under subsection 7i7 thereof4 7xxiii7 ,such other transfers by or at the direction of ,federal ,government or ,state1 local1 or other government sources that the ,director determines to be consistent with subparagraph 7,a7 using available data sources4 7#e7 ,income tax data ,the term income tax data means return information1 as defined in section #fajc7;b77#b7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #fajc7;b77#b774 7#f7 ,statistical agency ,the term statisical agency means-- 7,a7 the ,bureau of ,labor ,statistics of the ,department of ,labor2 7,b7 the ,bureau of ,economic ,analysis of the ,department of ,commerce2 and 7,c7 any other ,federal1 ,state1 or local government entity that collects1 processes1 or publishes data related to any of the components of income covered by this ,act4 7#g7 ,taxes 7,a7 ,in general 7i7 ,general definition ,the term taxes means all money revenues paid by individuals1 families1 or households to the ,federal ,government or a ,state1 local1 or other government either directly or indirectly through an employer or other entity based on their earnings from employment1 savings1 investing1 real estate1 trusts1 or other sources or on the value1 ownership1 or usage of real estate property1 personal property1 other assets of any kind1 or purchases of goods and services 7including both real and financial74 7ii7 ,inclusions ,the term taxes includes-- 7,i7 employment taxes under subtitle ,c of the ,internal ,revenue ,code of #aihf 7whether paid by the employer or employee72 7,,ii7 income taxes1 including taxes on investment income2 7,,iii7 corporate income taxes allocated to shareholders based on best research on share of corporate taxes that reduce dividends2 7,,iv7 corporate income taxes allocated to employees based on best research on share of corporate taxes that reduce compensation2 7,v7 self-employment income and payroll taxes2 7,,vi7 property taxes2 7,,vii7 capital gains taxes2 7,,viii7 estate taxes2 7,,ix7 inheritance taxes2 7,x7 gift taxes2 7,,xi7 sales taxes1 use taxes1 value added taxes1 or any other fee collected by government on sales of any goods or any services 7either real or financial7 to households or individuals2 7,,xii7 excise taxes paid either separately or included as part of the price paid for a good or service2 7,,xiii7 tariffs and duties paid either directly or as part of the price paid for a good or service2 and 7,,xiv7 such other sources of money revenues that the ,director determines to be consistent with clause 7i74 7,b7 ,special rules for determining amounts of tax 7i7 ,in general ,for purposes of subparagraph 7,a71 totals of taxes shall be reconciled and adjusted to sum to total tax and other revenue income available from other reliable sources1 including the ,office of ,management and ,budget1 the ,department of the ,treasury1 and the ,bureau of ,economic ,analysis4 7ii7 ,treatment of tax credits ,with respect to any taxpayer3 7,i7 ,the amount of taxes paid shall be determined without regard to any refund paid to the taxpayer which is attributable to any refundable credit under subpart ,c of part ,,iv of subchapter ,a of chapter #a of the ,internal ,revenue ,code of #aihf4 7,,ii7 ,the amount of any refund paid to the taxpayer which is attributable to any such refundable credit shall be treated as a government transfer payment in accordance with paragraph 7#c74 #c4 ,adjustment of ,census income inequality calculation 7a7 ,new methodology 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director1 in consultation with the heads of other appropriate ,federal1 ,state1 and local agencies1 as determined by the ,director1 shall implement a new methodology to measure poverty1 in addition to the ,official ,poverty ,measure and the ,supplemental ,poverty ,measure1 that-- 7,a7 uses the methodology outlined in the report of the ,congressional ,budget ,office titled ,reconciling the ,official ,poverty ,measure and ,,cbo's ,distributional ,analysis of ,household ,income2 and 7,b7 measures the income of an individual as the amount equal to-- 7i7 the sum of earned income and government transfer payments received by the individual1 less 7ii7 the taxes paid by the individual4 7#b7 ,resolution of potential conflict ,to the extent of any conflict between the requirements under subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 the requirement under such subparagraph 7,a7 shall supersede the requirement under such subparagraph 7,b74 7b7 ,agency data 7#a7 ,federal agencies ,not later than #ahj days after the head of a ,federal agency receives a request from the ,director for data possessed or reasonably obtainable by such ,federal agency for carrying out this section1 such head shall make available to the ,director such data to the extent otherwise permitted by law4 7#b7 ,state and local agencies ,the ,director may request the head of a ,state or local agency that is an administering agency to provide such data as the ,director determines necessary to carry out this section4 7c7 ,publication of data 7#a7 ,data report ,not later than #a year after the date on which the ,director implements the new methodology required under subsection 7a71 the ,director shall submit to ,congress a report detailing the implementation of this ,act1 including the availability and quality of data from the administering agencies from which the ,director has requested information for carrying out this section4 7#b7 ,measurement report 7,a7 ,in general ,not later than #a year after the date on which the ,director implements the new methodology required under subsection 7a71 the ,director shall submit to ,congress a report detailing the implementation of this ,act1 including-- 7i7 the recalculated measures of income inequality based on the new calculation methodology implemented under subsection 7a72 7ii7 a comparison between the recalculated measures of income inequality and of household income dispersion based on the new calculation methodology implemented under subsection 7a7 and such measures based on the calculation methodologies in use for such measures on the day before the date on which such new calculation methodology was implemented2 and 7iii7 a comparison between each statistic tracked by the ,bureau of the ,census based on the new calculation methodology implemented under subsection 7a7 and such statistic based on the calculation methodologies in use for such statistic on the day before the date on which such new calculation methodology was implemented4 7,b7 ,data sources 7i7 ,in general ,the ,director shall use the best available data sources in creating the report required under subparagraph 7,a71 including the use of surveys previously collected by the ,bureau of the ,census1 data from other statistical agencies1 data from private sources1 and1 in cases of missing or unknown data1 statistical imputations4 7ii7 ,survey augmentation ,in carrying out clause 7i71 the ,director may augment surveys being carried out by the ,bureau of the ,census or the ,bureau of ,labor ,statistics of the ,department of ,labor4 7#c7 ,statistics publication ,for all publications and data sets issued after the date on which the ,director implements the new methodology required under subsection 7a71 the ,director shall use such new calculation methodology to calculate each instance of each measure or statistic based on such methodology1 including each historical instance4 7d7 ,protection and disclosure of personally identifiable information 7#a7 ,in general ,the security1 disclosure1 and confidentiality provisions set for in sections #i and #bc of title #ac1 ,united ,states ,code1 shall apply to personally identifiable information obtained by the ,bureau of the ,census pursuant to this ,act4 7#b7 ,restricted access to personally identifiable information ,access to personally identifiable information collected to supplement the restricted-use ,current ,population ,survey ,annual ,social and ,economic ,supplements in accordance with subsection 7b77#a7 shall be available only to those who have access to the ,current ,population ,survey data with the permission of the ,bureau of the ,census and in accordance with any other applicable provision of ,federal and ,state law4 7#c7 ,criminal penalties ,any individual who knowingly accesses or discloses personally identifiable information in violation of this section shall be fined not more than #cjj1jjj1 imprisoned for not more than #e years1 or both4