Census FACTS Act
Bill: S.1584 | Sponsor: Sen. Schatz, Brian (D-HI)
Policy area: Government Operations and Politics

Summary:
Census Federal Advisory Committee on Transparency and Standards Act or the Census FACTS Act
This bill establishes the 2020 Census Federal Advisory Committee on Transparency and Standards to review 2020 Census operations and decision-making in order to make policy and legislative recommendations, assess how decisions concerning the census affected the quality and accuracy of the enumeration of the people of the United States, and consider factors related to the census that may have dampened participation in self-response.
For purposes of adopting congressional district boundaries, the legislature of a state or any entity charged by a state with recommending or adopting such boundaries shall make its recommendations or determinations using total population data counting the whole number of persons in the state.

To create a 2020 Census Federal Advisory Committee on Transparency and 
                               Standards.

    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 ``Census Federal Advisory Committee on 
Transparency and Standards Act'' or the ``Census FACTS Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The decennial census is a nonpartisan activity, written 
        into the Constitution of the United States and conducted since 
        1790, the purpose of which is to allocate political 
        representation based on population.
            (2) Article I, section 2 of the Constitution of the United 
        States vests Congress with the authority to conduct a decennial 
        enumeration and thereafter determine the apportionment of the 
        Members of the House of Representatives among the States.
            (3) The placement of that constitutional language reflects 
        a recognition that apportionment is core to the nature and the 
        exercise of legislative power.
            (4) Members of the House of Representatives are allocated 
        in proportion to the respective population of the States, 
        whereas the Members of the Senate are fixed at 2 Senators per 
        State.
            (5) The apportionment of Members of the House of 
        Representatives among the States fundamentally shapes the 
        composition of Congress and, particularly, the composition of 
        the House of Representatives.
            (6) The House of Representatives therefore has a 
        significant interest in apportionment and, with the Senate, the 
        constitutional prerogative to oversee and command the method of 
        apportionment.
            (7) Census data also inform decisions about allocating 
        seats in State legislatures, city councils, and other civic 
        governing bodies.
            (8) In addition, census data guide the distribution of 
        Federal funds for Medicare and Medicaid, low-income family 
        assistance, highway infrastructure, and many other programs.
            (9) The Supreme Court of the United States recognized in 
        Wisconsin v. City of New York, 517 U.S. 1 (1996), that ``the 
        Constitution vests Congress with wide discretion over 
        apportionment decisions and the conduct of the census''.
            (10) The Supreme Court also recognized in Department of 
        Commerce v. Montana, 503 U.S. 442 (1992), that, in the context 
        of enumeration and apportionment, ``Article I, Sec.  8, cl. 18, 
        expressly authorizes Congress to enact legislation that `shall 
        be necessary and proper' to carry out its delegated 
        responsibilities.''. The Supreme Court observed that Congress 
        may change its apportionment rules ``at any time''.
            (11) In March 2020, shortly after the beginning of census 
        data collection, the COVID-19 pandemic disrupted the 2020 
        Census operational plan, leading to delays and requiring more 
        time to conduct and complete census operations. Accordingly, on 
        April 13, 2020, the Census Bureau adopted a plan that sought to 
        extend the schedule for data collection and processing and the 
        Secretary of Commerce's reports of population tabulations to 
        the President and the States under subsections (b) and (c) of 
        section 141 of title 13, United States Code. The timeline of 
        the Census Bureau dictated that data processing and quality 
        improvement activities would take 6 months.
            (12) On August 3, 2020, the Director of the Census Bureau 
        changed course and announced a replan that significantly 
        reduced the COVID-19 timeframes for in-person data collection 
        and cut data processing timeframes by half. The Census Bureau 
        conducted its field operations on a shortened timeline while 
        battling a global pandemic, social unrest, and severe natural 
        disasters in California, Louisiana, and Texas.
    (b) Purpose.--The purpose of this Act is to appoint an expert, 
nonpartisan Federal advisory committee to evaluate and advise Congress 
on--
            (1) the independence and scientific integrity of the Census 
        Bureau and the 2020 Census;
            (2) the plan of the Census Bureau to deliver the most 
        accurate State-level population figures and data necessary for 
        apportionment, redistricting, and census-guided Federal 
        assistance; and
            (3) recommendations to ensure that future decennial 
        censuses are nonpartisan, full, fair, and accurate.

SEC. 3. 2020 CENSUS FEDERAL ADVISORY COMMITTEE ON TRANSPARENCY AND 
              STANDARDS.

    (a) Definition.--In this section, the term ``Advisory Committee'' 
means the 2020 Census Federal Advisory Committee on Transparency and 
Standards established under subsection (b).
    (b) Establishment.--There is established the 2020 Census Federal 
Advisory Committee on Transparency and Standards to--
            (1) review 2020 Census operations and decision making in 
        order to make policy and legislative recommendations, with a 
        focus on--
                    (A) the independence and scientific integrity of 
                the Census Bureau and the data products of the Census 
                Bureau;
                    (B) deviations from the Census Bureau's independent 
                and apolitical mission of enumeration;
                    (C) disruptions of standard practices and timelines 
                in response to the global coronavirus pandemic, natural 
                disasters, and other unforeseen events; and
                    (D) the level of transparency, public 
                participation, and responsiveness on the part of the 
                Census Bureau in making its determinations, including 
                tradeoffs between protecting privacy and 
                confidentiality and assuring the high quality and 
                usability of the data;
            (2) assess how decisions concerning the 2020 Census 
        affected the quality and accuracy of the enumeration of the 
        people of the United States; and
            (3) consider factors related to the 2020 Census that may 
        have dampened participation in self-response.
    (c) Member Qualifications.--The Census Bureau shall enter into an 
agreement with the Committee on National Statistics of the National 
Academies of Sciences, Engineering, and Medicine to identify 20 
distinguished scientists, experts, and stakeholders who--
            (1) have--
                    (A) knowledge about or direct experience with the 
                decennial census, including direct experience with 
                historically undercounted and hard-to-reach 
                communities; or
                    (B) knowledge about or direct experience in the 
                data sciences; and
            (2) could potentially serve on the Advisory Committee.
    (d) Composition.--The Advisory Committee shall be composed of 6 
members selected from the individuals identified under subsection (c), 
of whom--
            (1) 1 shall be appointed by the majority leader of the 
        Senate;
            (2) 1 shall be appointed by the minority leader of the 
        Senate;
            (3) 1 shall be appointed by the Speaker of the House of 
        Representatives;
            (4) 1 shall be appointed by the minority leader of the 
        House of Representatives; and
            (5) 2 shall be appointed by the President.
    (e) Chair.--The President shall designate a member of the Advisory 
Committee to be the Chair.
    (f) Period of Appointment.--Members of the Advisory Committee shall 
be appointed for the life of the Advisory Committee.
    (g) Vacancy.--A vacancy in the Advisory Committee shall be filled 
in the manner in which the original appointment was made.
    (h) Appointment Deadline.--Each member of the Advisory Committee 
shall be appointed not later than 14 days after the date of enactment 
of this Act.
    (i) Powers of Advisory Committee.--
            (1) Meetings.--
                    (A) Initial meeting.--Not later than 20 days after 
                the date of enactment of this Act, the Advisory 
                Committee shall hold its first meeting.
                    (B) Quorum.--Four members of the Advisory Committee 
                shall constitute a quorum.
                    (C) Meetings.--
                            (i) In general.--The Advisory Committee 
                        shall regularly meet at the call of the Chair.
                            (ii) Remote meetings.--Meetings of the 
                        Advisory Committee may be carried out through 
                        the use of telephonic, internet, or other 
                        appropriate telecommunication technology if the 
                        Advisory Committee determines that the 
                        technology will allow the members to 
                        communicate simultaneously.
                    (D) Public access.--
                            (i) In general.--Subject to clause (ii), 
                        the Advisory Committee shall conduct any 
                        deliberations concerning the matters described 
                        in subsection (b) in a public meeting.
                            (ii) Closed portions.--The Advisory 
                        Committee may close a portion of a meeting only 
                        if the Chair determines that the closing is 
                        permitted under section 552b(c) of title 5, 
                        United States Code, and is necessary.
                            (iii) Remote access.--Public access to the 
                        meetings of the Advisory Committee may be 
                        granted through the use of telephonic, 
                        internet, or other appropriate 
                        telecommunication technology if--
                                    (I) the meetings are conducted 
                                through such technology; or
                                    (II) the Advisory Committee 
                                determines that such technology is 
                                sufficient to provide the public with 
                                access to meetings.
                    (E) Notice.--Before each meeting, the Advisory 
                Committee shall provide timely public notice of the 
                time, place or communication technology, and subject of 
                the meeting.
            (2) Hearings.--The Advisory Committee may hold such 
        hearings, sit and act at such times and places, take such 
        testimony, and receive evidence as the Advisory Committee 
        considers advisable to carry out the responsibilities of the 
        Advisory Committee.
            (3) Information from federal agencies.--The Advisory 
        Committee may secure directly from any department or agency of 
        the Federal Government such information as the Advisory 
        Committee considers necessary to carry out the duties of the 
        Advisory Committee.
            (4) Advisory committee records.--
                    (A) In general.--The Advisory Committee shall keep 
                an accurate and complete record of the actions and 
                meetings of the Advisory Committee.
                    (B) Availability.--The Advisory Committee shall 
                make each record described in subparagraph (A) 
                available for public inspection, and the Comptroller 
                General of the United States may audit and examine each 
                such record.
            (5) Personnel records.--
                    (A) In general.--The Advisory Committee shall keep 
                an accurate and complete record of actions taken with 
                respect to personnel of the Advisory Committee.
                    (B) Availability.--The Advisory Committee shall 
                make each record described in subparagraph (A) 
                available for public inspection upon request, without 
                disclosing personally identifiable information, and the 
                Comptroller General of the United States may audit and 
                examine each such record.
            (6) Privacy.--The Advisory Committee shall be bound by the 
        same requirements for protection of confidential information as 
        set forth in sections 9 and 214 of title 13, United States 
        Code.
            (7) Compensation of members and travel expenses.--A member 
        of the Advisory Committee shall serve without pay but shall 
        receive travel expenses to perform the duties of the Advisory 
        Committee, including per diem in lieu of subsistence, at rates 
        authorized under subchapter I of chapter 57 of title 5, United 
        States Code.
            (8) Contracting.--The Advisory Committee may, to such 
        extent and in such amounts as are provided in appropriation 
        Acts, enter into contracts to enable the Advisory Committee to 
        discharge the duties of the Advisory Committee under this 
        section, including contracts to provide administrative support 
        and other support as needed.
            (9) Expert and consultant services.--The Advisory Committee 
        may procure the services of experts and consultants in 
        accordance with section 3109 of title 5, United States Code, at 
        rates not to exceed the daily rate paid to a person occupying a 
        position at level IV of the Executive Schedule under section 
        5315 of title 5, United States Code.
            (10) Postal services.--The Advisory Committee may use the 
        United States mails in the same manner and under the same 
        conditions as departments and agencies of the United States.
    (j) Reports.--
            (1) Definition.--In this subsection, the term ``appropriate 
        recipients'' means--
                    (A) the President;
                    (B) the Secretary of Commerce.
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Appropriations of the Senate;
                    (E) the Committee on Oversight and Reform of the 
                House of Representatives; and
                    (F) the Committee on Appropriations of the House of 
                Representatives.
            (2) Initial report.--
                    (A) In general.--Not later than 45 days after the 
                date on which the Advisory Committee holds its first 
                meeting, the Advisory Committee shall submit an initial 
                report on the findings of the Advisory Committee to the 
                appropriate recipients.
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall include the following:
                            (i) An analysis of the changes in Census 
                        Bureau operations due to the COVID-19 pandemic 
                        and other natural disasters, and the impact of 
                        those changes on the quality and accuracy of 
                        the 2020 Census data.
                            (ii) An analysis of the deviations from the 
                        Census Bureau's independent and apolitical 
                        mission of accurate enumeration during the 2020 
                        Census and the impact of those deviations on 
                        the reliability of the data collected by the 
                        2020 Census, particularly with respect to 
                        historically hard-to-count communities.
                            (iii) An analysis of the policies and 
                        practices of the Census Bureau's 2020 Census 
                        operations, and the impact of those policies 
                        and practices on achieving a full and accurate 
                        count, particularly of historically hard-to-
                        count communities.
            (3) Final report.--
                    (A) In general.--Not later than 180 days after the 
                date on which the Advisory Committee holds its first 
                meeting, the Advisory Committee shall submit a final 
                report on the findings of the Advisory Committee to the 
                appropriate recipients.
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall include recommendations for 
                Census Bureau policy and practice based on the analysis 
                in the initial report submitted under paragraph (2).
    (k) FACA Not Applicable.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Advisory Committee.
    (l) Termination of Advisory Committee.--The Advisory Committee 
shall terminate 30 days after the date on which the Advisory Committee 
submits the final report under subsection (j)(3).
    (m) Authorization of Appropriations.--There is authorized to be 
appropriated to the Advisory Committee $750,000 for fiscal year 2021, 
to remain available until expended.

SEC. 4. POPULATION COUNTS.

    Section 22a 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 18, 1929 
(2 U.S.C. 2a(a)), is amended by adding at the end the following:
    ``(d) State Population Counts.--For the purposes of adopting 
congressional district boundaries, the legislature of a State or any 
entity that is charged by a State with recommending or adopting such 
boundaries shall make its recommendations or determinations using total 
population data counting the whole number of persons in the State.''.
                                 <all>