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CENSUS NEWS BRIEF
July 12, 2009
No. 69
IN THIS CENSUS NEWS BRIEF:
Senate Schedules Vote on Census Director Nominee
Legislative Update
Stakeholder Activities
The Rest of the News
BREAKING NEWS:
SENATE SCHEDULES MONDAY VOTE
ON CENSUS DIRECTOR CANDIDATE
SENATE TO VOTE ON CENSUS DIRECTOR NOMINEE
Alabama and Louisiana Lawmakers Had Blocked Confirmation of Dr. Groves
The U.S. Senate has scheduled a vote for late afternoon on July 13 on the nomination of Dr. Robert Groves to be Census Director, after Majority Leader Harry Reid (D-NV) filed a "cloture motion" on Friday to force consideration of the nomination. Confirmation of President Obama's choice to head the U.S. Census Bureau had been delayed for weeks by Republican objections.
Sen. Reid first asked the Senate to consider Dr. Groves' nomination on June 4, a move Republicans rebuffed, citing unspecified objections to the nominee. Senate rules allow members to place anonymous "holds" on bills or nominations, which can be overcome by a cloture vote.
The Washington, DC-based newspaper Roll Call, which covers Congress, reported on July 9 that Sen. Richard Shelby (R-AL) and Sen. David Vitter (R-LA) had blocked a confirmation vote because they were concerned that the Census Bureau would consider a statistical adjustment of the 2010 census and were opposed to the inclusion of the Association of Community Organizations for Reform Now (ACORN) in the 2010 Census Partnership Program. A spokesman for Sen. Vitter, quoted in the Roll Call article, said the senator wants "written confirmation from the White House addressing two concerns: that sampling will not be used and that ACORN will have nothing to do with the census." (Editor's note: "Sampling" is often used as a shorthand reference to a statistical adjustment of the census to correct undercounts and overcounts measured through a post-census sample survey. The Census Bureau has never adjusted the official census population counts used for congressional apportionment, redistricting, and the allocation of federal program funds. The U.S. Supreme Court ruled in 1999 that the Census Act -- Title 13, U.S.C., §195 -- prohibits the use of "sampling" to derive the state population totals used for congressional apportionment. The Court has never ruled on the constitutionality of sampling to support an adjustment of the census.)
Dr. Groves was one of several senior Census Bureau officials, including then-Census Director Barbara Everitt Bryant, who recommended a statistical adjustment of the 1990 census after an accuracy-check survey (Post Enumeration Survey) and an independent benchmark of the U.S. population (Demographic Analysis) revealed the largest gap between undercount rates for non-Hispanic Whites and for racial minority groups (often called the "differential undercount") recorded since 1940, the first census for which the bureau produced independent demographic estimates of the population. Commerce Secretary Robert Mosbacher overruled Dr. Bryant's recommendation in 1991. At his May 15 confirmation hearing, Dr. Groves told the Homeland Security and Governmental Affairs Committee (HSGAC), in response to a question from Sen. Susan Collins (R-ME), that he would not advocate for a statistical adjustment of the 2010 census and that it was "impractical" to consider such an option because the Census Bureau had not researched or prepared to implement the complex methodology required for an adjustment. Sen. Collins said she was "satisfied" with Dr. Groves' assurances and has since publicly expressed her support for his confirmation. Commerce Secretary Gary Locke told members of the Senate Committee on Science, Commerce, and Transportation at his March 18 confirmation hearing that there are "no plans in the Department of Commerce or the Census Bureau to use any type of statistical sampling with respect to population count."
ACORN is one of thousands of national, regional, and local organizations and businesses that have signed up to be official 2010 census "partners," a designation that indicates a group's support for "ensuring the success of this monumental effort," according to Census Bureau partnership materials. The Census Bureau provides partners with "promotional materials, regular updates and data assistance," to help "ensure a complete and accurate 2010 Census." The Census Bureau does not provide any direct financial support to partner organizations, and partners have no direct responsibility for carrying out census operations, including the hiring of temporary census workers who will fan out across the country next spring to collect data from unresponsive households.
The Senate set one hour of debate on July 13 (starting at 4:30PM ET) before the vote to "invoke cloture" on the nomination (set for 5:30PM ET), which essentially ends debate on the topic and allows a final vote on the confirmation, which Sen. Reid said will occur immediately after a successful cloture vote. Sixty votes, rather than a simple majority, are required to approve a cloture motion. Sen. Joseph Lieberman (I-CT) and Sen. Collins, chairman and ranking member, respectively, on the HSGAC, which approved Dr. Groves' nomination on May 20; Sen. Thomas Carper, chairman of the HSCAC subcommittee that oversees the Census Bureau; and Sen. Vitter and Sen. Shelby, have been allowed time to speak during the one hour debate.
Population and housing data from the decennial census and related American Community Survey (which replaced the traditional census "long form") are used to determine how many seats each state gets in the U.S. House of Representatives and Electoral College, to draw congressional and state legislative districts, and to allocate more than $400 billion annually in federal program funds to state and local governments. In Fiscal Year 2007, Alabama received almost $5.9 billion ($1,269 per person) through federal assistance programs, based in whole or in part on decennial census data, according to an analysis of the Census Bureau's 2007 Consolidated Federal Funds Report by the Brookings Institution. Louisiana received more than $11.5 billion ($2,695 per person) that same year. More than one-third of Louisiana's share of 2007 federal formula funding was allocated for community and regional development programs, while only about three percent of all census-based federal program distributions that year fell under those program areas, indicating significant census data-based federal spending on continued post-Hurricane Katrina recovery efforts. The Census Bureau reported on July 1 that New Orleans was the nation's fastest growing city in 2008, with its population reaching almost 312,000, an increase of more than 100,000 since 2006 but still well below its 2000 census count of roughly 485,000. Census Bureau research on characteristics associated with "hard to count" communities include high rates of mobility. Louisiana is in danger of losing one of its eight congressional seats following the 2010 census, according to several projections.
In its Semi-Annual Report to Congress (http://www.oig.doc.gov/oig/index.html, March 2009), the Commerce Department's Office of Inspector General listed the "Census Bureau's ability to carry out a successful 2010 population count" as "one of the most critical challenges facing the Department," citing the "late decision to scale back use of handheld computers," concern about delays in preparing for the address canvassing operation, and the need to use effectively the additional $1 billion in stimulus funds for enhanced program management, partnership efforts, and outreach activities. The Government Accountability Office (GAO) included the 2010 census on its 2009 list of "high risk" federal government activities (http://www.gao.gov/products/GAO-09-271), saying that a truncated Census Dress Rehearsal in 2008 and lack of end-to-end testing for several major systems supporting the 2010 census "introduce new operational risks." Commerce Secretary Locke said in a June 30 statement that the Census Bureau "needs strong leadership at the very top, and it needs it now."
For more information on Dr. Robert Groves and reaction to his nomination, see the April 2, 2009 Census News Briefs, posted on the Census Project web site at www.thecensusproject.org.
The House Subcommittee on Information Policy, Census, and National archives held a hearing on July 9 to review uses of census data in federal program formulas. Testifying before the panel were Jamie Alderslade, The Social Compact, Inc.; Arturo Vargas, National Association of Latino Elected and Appointed Officials (NALEO), a member of the 2010 Census Advisory Committee; two mayors -- Carleton Finkbeiner of Toledo, OH, and Robert Bowser of East Orange, NJ; and Stuart Kerachsky, Acting Commissioner, National Center for Education Statistics, U.S. Department of Education. Hearing testimony is posted on-line at http://informationpolicy.oversight.house.gov/story.asp?ID=2532.
Voluntary ACS Response (H.R. 3131): Rep. Ted Poe (R-TX) introduced a bill (H.R. 3131) to make participation in the American Community Survey (ACS) voluntary, except for responses to basic questions including the respondent's name and contact information, the date of completion, and the number of people living in the household. The ACS, an ongoing survey of approximately three million housing units annually, was implemented nationwide in 2005 to replace the traditional census "long form." The survey collects and produces annual estimates of the nation's demographic and economic characteristics, such as educational attainment, language abilities, housing conditions, labor force status, transportation patterns, income, health insurance coverage, and other information used to develop, implement, monitor, and enforce federal laws.
Response to the ACS, like the decennial census of which it is a part, is mandatory. People who refuse to answer all or part of the ACS and the census can be fined not more than $100 under the Census Act (Title 13, U.S.C., §221). The criminal procedure portion of U.S. statutes (Title 18, U.S.C., §§3571, 3559), however, effectively amended that section of law to provide for a fine of up to $5,000 for refusing to answer census questions. Rep. Michele Bachmann (R-MN) is the only original cosponsor of H.R. 3131, which was referred jointly to the Oversight and Government Reform Committee (which has jurisdiction over the Census Bureau) and the Judiciary Committee (which has jurisdiction over crimes and criminal procedure). Rep. Bachmann told several news organizations recently that her family would not respond to any census questions beyond the number of people in their household, although it was unclear whether the congresswoman was referring to the 2010 census, the ACS, or both surveys.
The Census Bureau concluded after testing a voluntary response option to the ACS that mail response rates dropped "dramatically," by more than 20 percentage points, and that the survey's cost would increase by more than 30 percent. The research also showed that the percent of completed interviews fell significantly, compromising the reliability of the ACS estimates; cooperation in traditionally low mail response areas declined even further; and a significantly higher percentage of traditionally easier-to-count populations, such as Whites and non-Hispanics, failed to respond during the mail and telephone phases of the ACS, according to a December 2003 report describing the evaluation results.
Postal Service Role in Census-Taking (H.R. 3167): Rep. Jason Chaffetz (R-UT), a member of the House census oversight subcommittee, introduced a bill (H.R. 3167) on July 10 to "allow mail carriers to serve in temporary enumerator positions in connection with the 2010 census." The text of H.R. 3167 was not posted yet, but the congressman told several news organizations in recent weeks that he wanted to establish a "postal holiday" so that U.S. Postal Service workers can conduct door-to-door interviews with households that did not return their census forms by mail. In describing his proposal during a June 26 interview on Fox News, Rep. Chaffetz said that the Census Bureau "is partnering with nefarious organizations -- like ACORN -- in order to hire 750,000 people to go out and do this counting. Now, at the same time, we have a postal service with 760,000 employees who is a trusted entity, who already is charged with going door-to-door to every home in America." Rep. Stephen Lynch (D-MA) was the only original cosponsor of H.R. 3167. (See Census News Brief #68, July 5, 2009, for more information on Rep. Chaffetz's proposal and on previous studies of similar proposals to have the U.S. Postal Service conduct the non-response follow-up phase of the census.)
Companion Senate Bills on Caribbean American Data in Census (S. 1083, S. 1084): New York's two senators have introduced legislation to improve the collection of detailed data on Caribbean ethnic groups in the census. The "Caribbean Count Act" (S. 1083), sponsored by Sen. Charles Schumer (D-NY), would require the Census Bureau to collect data on respondents of "Caribbean extraction or descent" using a check-box or similar response option. The bill is a companion measure to H.R. 2071, sponsored by Rep. Yvette Clark (D-NY). S. 1084, sponsored by Sen. Kirsten Gillibrand (D-NY) and a companion bill to H.R. 1504 (sponsored by Rep. Charles Rangel, D-NY), would create a similar requirement to collect data on Dominican Americans in the census. (See the May 18 Census News Brief for more information on the original two House bills.)
Rev. Bernie Miller, chairman of the Census Advisory Committee on the African American Population, highlighted the importance of the 2010 Census Partnership Program at a meeting of African American civic leaders and Census Bureau staff in Atlanta last week. Rev. Miller said partner organizations "have a unique and pivotal role at every stage of census implementation: increasing awareness, educating the community and mobilizing our masses." He compared the Census Bureau to the human body, with the American people representing the heart of the Census Bureau and the campaign for an accurate count.
The National Coalition on Black Civic Participation and the National Urban League, co-conveners of the Unity Census 2010 Coalition to ensure "a fair and complete count of the Black population in the 2010 Decennial Census," sent a letter to Acting Census Director Thomas Mesenbourg, outlining "critical concerns and specific recommendations that surfaced" during a March 2009 summit of over 40 organizations on Capitol Hill. Recommendations included increasing the number of African Americans on census advisory committees; monitoring of Census Bureau contracting to "ensure equitable participation of minority and female firms;" "reasonable allocation" of financial resources to 2010 Census partner organizations; improved recruitment and hiring of African Americans and Black immigrants; and directing adequate communications resources to target all segments of the Black population. The Coalition also noted that "the Black population is the only minority population that does not have countries of origin listed on the 2010 Census" form and said it supported Caribbean American and African American leaders who believe the absence of check-off boxes for Black and African American ethnic subgroups in the census race question is "a barrier for the Black population to fully participate in the census."
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As the start of the 2010 Census of Population and Housing approaches, organizations, businesses, and local governments across the country are planning and implementing activities to increase awareness of next year's count and to promote participation. Has your organization launched a significant activity or program to promote an accurate census, that you would like to share with other stakeholders? Please send your news via e-mail to TerriAnn2K@aol.com.
The Census Bureau's five Race and Ethnic Advisory Committees will meet jointly on July 20, 2009, at the JW Marriott Hotel in Washington, DC, from 8:30AM - 5:00PM.
The 2010 Census Advisory Committee will meet on July 21, 2009 at Census Bureau headquarters (Auditorium and Convention Center) in Suitland, MD, from 8:30AM - 5:00PM.
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Census News Briefs are prepared by Terri Ann Lowenthal, an independent legislative and policy consultant specializing in the census and federal statistics. All views expressed in the News Briefs are solely those of the author. Please direct questions about the information in this News Brief to Ms. Lowenthal at TerriAnn2K@aol.com. Please feel free to circulate this document to other interested individuals and organizations. Ms. Lowenthal is a consultant to the nonpartisan Census Project, organized by the Communications Consortium Media Center in Washington, DC. Previous Census News Briefs are posted at www.thecensusproject.org.
Contact Information:
TerriAnn2K@aol.com
Phone: 203-353-4364