Census FACTS Act

II 117TH CONGRESS 1ST SESSION S. 1584 To create a 2020 Census Federal Advisory Committee on Transparency and Standards. IN THE SENATE OF THE UNITED STATES MAY 12, 2021 Mr. SCHATZ introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To create a 2020 Census Federal Advisory Committee on Transparency and Standards. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Census Federal Advi- 4 sory Committee on Transparency and Standards Act’’ or 5 the ‘‘Census FACTS Act’’. 6 SEC. 2. FINDINGS AND PURPOSES. 7 (a) FINDINGS.—Congress finds the following: 8 (1) The decennial census is a nonpartisan activ- 9 ity, written into the Constitution of the United 10 VerDate Sep 11 2014 19:10 Jun 04, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584 lotter on DSK11XQN23PROD with BILLS 2 •S 1584 IS States and conducted since 1790, the purpose of 1 which is to allocate political representation based on 2 population. 3 (2) Article I, section 2 of the Constitution of 4 the United States vests Congress with the authority 5 to conduct a decennial enumeration and thereafter 6 determine the apportionment of the Members of the 7 House of Representatives among the States. 8 (3) The placement of that constitutional lan- 9 guage reflects a recognition that apportionment is 10 core to the nature and the exercise of legislative 11 power. 12 (4) Members of the House of Representatives 13 are allocated in proportion to the respective popu- 14 lation of the States, whereas the Members of the 15 Senate are fixed at 2 Senators per State. 16 (5) The apportionment of Members of the 17 House of Representatives among the States fun- 18 damentally shapes the composition of Congress and, 19 particularly, the composition of the House of Rep- 20 resentatives. 21 (6) The House of Representatives therefore has 22 a significant interest in apportionment and, with the 23 Senate, the constitutional prerogative to oversee and 24 command the method of apportionment. 25 VerDate Sep 11 2014 23:39 May 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584 lotter on DSK11XQN23PROD with BILLS 3 •S 1584 IS (7) Census data also inform decisions about al- 1 locating seats in State legislatures, city councils, and 2 other civic governing bodies. 3 (8) In addition, census data guide the distribu- 4 tion of Federal funds for Medicare and Medicaid, 5 low-income family assistance, highway infrastruc- 6 ture, and many other programs. 7 (9) The Supreme Court of the United States 8 recognized in Wisconsin v. City of New York, 517 9 U.S. 1 (1996), that ‘‘the Constitution vests Congress 10 with wide discretion over apportionment decisions 11 and the conduct of the census’’. 12 (10) The Supreme Court also recognized in De- 13 partment of Commerce v. Montana, 503 U.S. 442 14 (1992), that, in the context of enumeration and ap- 15 portionment, ‘‘Article I, § 8, cl. 18, expressly au- 16 thorizes Congress to enact legislation that ‘shall be 17 necessary and proper’ to carry out its delegated re- 18 sponsibilities.’’. The Supreme Court observed that 19 Congress may change its apportionment rules ‘‘at 20 any time’’. 21 (11) In March 2020, shortly after the beginning 22 of census data collection, the COVID–19 pandemic 23 disrupted the 2020 Census operational plan, leading 24 to delays and requiring more time to conduct and 25 VerDate Sep 11 2014 23:39 May 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584 lotter on DSK11XQN23PROD with BILLS 4 •S 1584 IS complete census operations. Accordingly, on April 1 13, 2020, the Census Bureau adopted a plan that 2 sought to extend the schedule for data collection and 3 processing and the Secretary of Commerce’s reports 4 of population tabulations to the President and the 5 States under subsections (b) and (c) of section 141 6 of title 13, United States Code. The timeline of the 7 Census Bureau dictated that data processing and 8 quality improvement activities would take 6 months. 9 (12) On August 3, 2020, the Director of the 10 Census Bureau changed course and announced a 11 replan that significantly reduced the COVID–19 12 timeframes for in-person data collection and cut 13 data processing timeframes by half. The Census Bu- 14 reau conducted its field operations on a shortened 15 timeline while battling a global pandemic, social un- 16 rest, and severe natural disasters in California, Lou- 17 isiana, and Texas. 18 (b) PURPOSE.—The purpose of this Act is to appoint 19 an expert, nonpartisan Federal advisory committee to 20 evaluate and advise Congress on— 21 (1) the independence and scientific integrity of 22 the Census Bureau and the 2020 Census; 23 (2) the plan of the Census Bureau to deliver 24 the most accurate State-level population figures and 25 VerDate Sep 11 2014 23:39 May 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584 lotter on DSK11XQN23PROD with BILLS 5 •S 1584 IS data necessary for apportionment, redistricting, and 1 census-guided Federal assistance; and 2 (3) recommendations to ensure that future de- 3 cennial censuses are nonpartisan, full, fair, and ac- 4 curate. 5 SEC. 3. 2020 CENSUS FEDERAL ADVISORY COMMITTEE ON 6 TRANSPARENCY AND STANDARDS. 7 (a) DEFINITION.—In this section, the term ‘‘Advisory 8 Committee’’ means the 2020 Census Federal Advisory 9 Committee on Transparency and Standards established 10 under subsection (b). 11 (b) ESTABLISHMENT.—There is established the 2020 12 Census Federal Advisory Committee on Transparency and 13 Standards to— 14 (1) review 2020 Census operations and decision 15 making in order to make policy and legislative rec- 16 ommendations, with a focus on— 17 (A) the independence and scientific integ- 18 rity of the Census Bureau and the data prod- 19 ucts of the Census Bureau; 20 (B) deviations from the Census Bureau’s 21 independent and apolitical mission of enumera- 22 tion; 23 (C) disruptions of standard practices and 24 timelines in response to the global coronavirus 25 VerDate Sep 11 2014 23:39 May 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584 lotter on DSK11XQN23PROD with BILLS 6 •S 1584 IS pandemic, natural disasters, and other unfore- 1 seen events; and 2 (D) the level of transparency, public par- 3 ticipation, and responsiveness on the part of the 4 Census Bureau in making its determinations, 5 including tradeoffs between protecting privacy 6 and confidentiality and assuring the high qual- 7 ity and usability of the data; 8 (2) assess how decisions concerning the 2020 9 Census affected the quality and accuracy of the enu- 10 meration of the people of the United States; and 11 (3) consider factors related to the 2020 Census 12 that may have dampened participation in self-re- 13 sponse. 14 (c) MEMBER QUALIFICATIONS.—The Census Bureau 15 shall enter into an agreement with the Committee on Na- 16 tional Statistics of the National Academies of Sciences, 17 Engineering, and Medicine to identify 20 distinguished 18 scientists, experts, and stakeholders who— 19 (1) have— 20 (A) knowledge about or direct experience 21 with the decennial census, including direct expe- 22 rience with historically undercounted and hard- 23 to-reach communities; or 24 VerDate Sep 11 2014 23:39 May 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584 lotter on DSK11XQN23PROD with BILLS 7 •S 1584 IS (B) knowledge about or direct experience 1 in the data sciences; and 2 (2) could potentially serve on the Advisory 3 Committee. 4 (d) COMPOSITION.—The Advisory Committee shall be 5 composed of 6 members selected from the individuals iden- 6 tified under subsection (c), of whom— 7 (1) 1 shall be appointed by the majority leader 8 of the Senate; 9 (2) 1 shall be appointed by the minority leader 10 of the Senate; 11 (3) 1 shall be appointed by the Speaker of the 12 House of Representatives; 13 (4) 1 shall be appointed by the minority leader 14 of the House of Representatives; and 15 (5) 2 shall be appointed by the President. 16 (e) CHAIR.—The President shall designate a member 17 of the Advisory Committee to be the Chair. 18 (f) PERIOD OF APPOINTMENT.—Members of the Ad- 19 visory Committee shall be appointed for the life of the Ad- 20 visory Committee. 21 (g) VACANCY.—A vacancy in the Advisory Committee 22 shall be filled in the manner in which the original appoint- 23 ment was made. 24 VerDate Sep 11 2014 23:39 May 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584 lotter on DSK11XQN23PROD with BILLS 8 •S 1584 IS (h) APPOINTMENT DEADLINE.—Each member of the 1 Advisory Committee shall be appointed not later than 14 2 days after the date of enactment of this Act. 3 (i) POWERS OF ADVISORY COMMITTEE.— 4 (1) MEETINGS.— 5 (A) INITIAL MEETING.—Not later than 20 6 days after the date of enactment of this Act, 7 the Advisory Committee shall hold its first 8 meeting. 9 (B) QUORUM.—Four members of the Advi- 10 sory Committee shall constitute a quorum. 11 (C) MEETINGS.— 12 (i) IN GENERAL.—The Advisory Com- 13 mittee shall regularly meet at the call of 14 the Chair. 15 (ii) REMOTE MEETINGS.—Meetings of 16 the Advisory Committee may be carried 17 out through the use of telephonic, internet, 18 or other appropriate telecommunication 19 technology if the Advisory Committee de- 20 termines that the technology will allow the 21 members to communicate simultaneously. 22 (D) PUBLIC ACCESS.— 23 (i) IN GENERAL.—Subject to clause 24 (ii), the Advisory Committee shall conduct 25 VerDate Sep 11 2014 23:39 May 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584 lotter on DSK11XQN23PROD with BILLS 9 •S 1584 IS any deliberations concerning the matters 1 described in subsection (b) in a public 2 meeting. 3 (ii) CLOSED PORTIONS.—The Advi- 4 sory Committee may close a portion of a 5 meeting only if the Chair determines that 6 the closing is permitted under section 7 552b(c) of title 5, United States Code, and 8 is necessary. 9 (iii) REMOTE ACCESS.—Public access 10 to the meetings of the Advisory Committee 11 may be granted through the use of tele- 12 phonic, internet, or other appropriate tele- 13 communication technology if— 14 (I) the meetings are conducted 15 through such technology; or 16 (II) the Advisory Committee de- 17 termines that such technology is suffi- 18 cient to provide the public with access 19 to meetings. 20 (E) NOTICE.—Before each meeting, the 21 Advisory Committee shall provide timely public 22 notice of the time, place or communication tech- 23 nology, and subject of the meeting. 24 VerDate Sep 11 2014 23:39 May 26, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584 lotter on DSK11XQN23PROD with BILLS 10 •S 1584 IS (2) HEARINGS.—The Advisory Committee may 1 hold such hearings, sit and act at such times and 2 places, take such testimony, and receive evidence as 3 the Advisory Committee considers advisable to carry 4 out the responsibilities of the Advisory Committee. 5 (3) INFORMATION FROM FEDERAL AGENCIES.— 6 The Advisory Committee may secure directly from 7 any department or agency of the Federal Govern- 8 ment such information as the Advisory Committee 9 considers necessary to carry out the duties of the 10 Advisory Committee. 11 (4) ADVISORY COMMITTEE RECORDS.— 12 (A) IN GENERAL.—The Advisory Com- 13 mittee shall keep an accurate and complete 14 record of the actions and meetings of the Advi- 15 sory Committee. 16 (B) AVAILABILITY.—The Advisory Com- 17 mittee shall make each record described in sub- 18 paragraph (A) available for public inspection, 19 and the Comptroller General of the United 20 States may audit and examine each such 21 record. 22 (5) PERSONNEL RECORDS.— 23 (A) IN GENERAL.—The Advisory Com- 24 mittee shall keep an accurate and complete 25 VerDate Sep 11 2014 23:39 May 26, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584 lotter on DSK11XQN23PROD with BILLS 11 •S 1584 IS record of actions taken with respect to per- 1 sonnel of the Advisory Committee. 2 (B) AVAILABILITY.—The Advisory Com- 3 mittee shall make each record described in sub- 4 paragraph (A) available for public inspection 5 upon request, without disclosing personally 6 identifiable information, and the Comptroller 7 General of the United States may audit and ex- 8 amine each such record. 9 (6) PRIVACY.—The Advisory Committee shall 10 be bound by the same requirements for protection of 11 confidential information as set forth in sections 9 12 and 214 of title 13, United States Code. 13 (7) COMPENSATION OF MEMBERS AND TRAVEL 14 EXPENSES.—A member of the Advisory Committee 15 shall serve without pay but shall receive travel ex- 16 penses to perform the duties of the Advisory Com- 17 mittee, including per diem in lieu of subsistence, at 18 rates authorized under subchapter I of chapter 57 of 19 title 5, United States Code. 20 (8) CONTRACTING.—The Advisory Committee 21 may, to such extent and in such amounts as are pro- 22 vided in appropriation Acts, enter into contracts to 23 enable the Advisory Committee to discharge the du- 24 ties of the Advisory Committee under this section, 25 VerDate Sep 11 2014 23:39 May 26, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584 lotter on DSK11XQN23PROD with BILLS 12 •S 1584 IS including contracts to provide administrative support 1 and other support as needed. 2 (9) EXPERT AND CONSULTANT SERVICES.—The 3 Advisory Committee may procure the services of ex- 4 perts and consultants in accordance with section 5 3109 of title 5, United States Code, at rates not to 6 exceed the daily rate paid to a person occupying a 7 position at level IV of the Executive Schedule under 8 section 5315 of title 5, United States Code. 9 (10) POSTAL SERVICES.—The Advisory Com- 10 mittee may use the United States mails in the same 11 manner and under the same conditions as depart- 12 ments and agencies of the United States. 13 (j) REPORTS.— 14 (1) DEFINITION.—In this subsection, the term 15 ‘‘appropriate recipients’’ means— 16 (A) the President; 17 (B) the Secretary of Commerce. 18 (C) the Committee on Homeland Security 19 and Governmental Affairs of the Senate; 20 (D) the Committee on Appropriations of 21 the Senate; 22 (E) the Committee on Oversight and Re- 23 form of the House of Representatives; and 24 VerDate Sep 11 2014 23:39 May 26, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1584.IS S1584 lotter on DSK11XQN23PROD with BILLS 13 •S 1584 IS (F) the Committ [Text truncated for display. 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