Supreme Court Sets Date for Oral Arguments
At Hearing, Rep. Miller Says Sampling OK for Federal Aid,
Not Apportionment; Rep. Maloney Presses Critics for
Undercount Remedies
Stakeholders Renew Call for Full Funding or Veto; Senate
Schedules Prewitt Nomination Hearing
The United States Supreme Court announced today that it
would hear oral arguments in the case of U.S. House of
Representatives v. U.S. Department of Commerce, on November
30. A special three-judge federal district court ruled in
the case last month that the Census Act barred the use of
sampling and statistical methods to derive the census counts
used for congressional apportionment. Congress provided for
a speedy review of census challenges and a direct appeal to
the Supreme Court. Both sides in the case had asked the high
court to review the case quickly.
At a hearing on Wednesday, the chairman of the House census
subcommittee called on the Census Bureau to abandon a census
plan that includes sampling to produce population counts for
congressional apportionment but suggested that scientific
methods could be used to produce data for distributing
federal aid. Rep. Dan Miller (R-FL) also said it would be
"unwise" to delay a final decision on the use of sampling
until the Supreme Court rules on the constitutionality and
legality of the methods. He said it is time "to put the
'issue' of sampling to bed."
Rep. Carolyn Maloney (D-NY), who supports the Bureau's
census plan, challenged the chairman "to propose a credible
alternative" that will reduce the undercount. The
subcommittee's senior Democrat chided panel Republicans for
suggesting counting options, such as administrative records,
without exposing the methods to a thorough review. She also
accused sampling critics of having a "political agenda,"
citing a fundraising letter for a court challenge against
sampling that included a Republican National Committee memo
about the potential loss of Republican legislative seats if
the Bureau's plan goes forward.
Reps. Miller and Maloney made their remarks at a hearing
yesterday to review the Census Bureau's effort to prepare
for a census without sampling methods. Under Secretary of
Commerce Robert Shapiro told the subcommittee that any lapse
in funding for census preparations would put the entire
census "at grave risk" by delaying completion of address
lists, questionnaire printing, and opening of local
offices. Mr. Shapiro noted that failure to reach agreement
on the Bureau's 1999 funding bill by October 1 (the start of
the fiscal year) could lead to a temporary funding measure
that only allows spending at current levels (known as a
Continuing Resolution). Without a steady increase in funds
leading up to the actual census, the Bureau would be forced
to lay off
22,000 address list employees immediately, he said.
Mr. Shapiro also warned that the $476 million allocated by
the House for 2000 census work through March 31, 1999 would
only last through January, resulting in delays of all census
preparations. Mr. Shapiro promised to present a full plan
for a traditional census in November but cautioned that the
Administration is likely to request additional funds in 1999
if it is required to proceed with that plan. Chairman
Miller pledged to help ensure that the Census Bureau would
be exempt from spending caps in a temporary funding measure
and that it would receive sufficient funds to continue
preparations on schedule through March 31.
Acting Census Bureau Director James Holmes noted in his
testimony that most of the Bureau's pre-census work and
funds were devoted to activities that were needed for a
census with or without sampling methods. He said the Bureau
had created 20 teams to explore options for a nonsampling
census, including the use of administrative records,
staffing needs for door-to-door visits to all unresponsive
households, and targeting replacement forms to historically
low-response communities.
Stakeholders Call for Full Funding: At a Washington press
conference on Tuesday, the Leadership Conference on Civil
Rights released a letter to Congress from Americans for a
Fair and Accurate Census, calling for full, uninterrupted
funding for 2000 census preparations. The coalition of
religious and civil rights groups, children's and women's
advocates, scientific associations, and local government
officials said it would ask the President to veto any
spending measure that limits funding to six months. Leaders
of the National Council of La Raza, the Council of Great
City Schools, and the Children's Defense Fund also spoke at
the press event. The latter organization released a new
analysis of how the undercount of children in 1990 affected
education in 195 cities and counties across the country.
According to the post-census survey conducted by the Census
Bureau in 1990, 52 percent of those missed in the census
were children.
At yesterday's congressional hearing, Chairman Miller
admonished the stakeholder groups for "blindly supporting an
Administration on the brink of ruin" and not working with
Congress to improve the census count without using
sampling. The chairman, extending a self-described "olive
branch," said he hoped stakeholders would help devise other
ways to reach hard-to-count communities.
Congressional hearings: The House Subcommittee on the Census
will hold another hearing to review the proposed use of
sampling in the 2000 census, focusing on the Integrated
Coverage Measurement program. The hearing is scheduled for
September 17, at 10:00 a.m., in 2154 Rayburn House Office
Building.
Census Bureau Director news: The Senate Committee on
Governmental Affairs, chaired by Sen. Fred Thompson (R-TN),
will hold a hearing on the nomination of Dr. Kenneth Prewitt
to be director of the Census Bureau. President Clinton
nominated Dr. Prewitt, who heads the Social Science Research
Council in New York City, in June. The hearing is scheduled
for September 17, at 10:00 a.m. in 342 Dirksen Senate Office
Building.
Census 2000 Initiative Web Site: The Census 2000 Initiative
is pleased to announce that its web site is up and running.
The site includes current and past News Alerts, fact sheets
on key census policy issues, links to web sites for census
stakeholder organizations, and a calendar of official
census-related meetings and hearings. We hope you will
visit our new site at <http://www.census2000.org>.
Questions about the information contained in this News Alert
may be directed to TerriAnn Lowenthal at (202) 484-2270 or,
by e-mail at <terriann2k(a)aol.com>. Please direct all
requests to receive News Alerts, and all changes in
address/phone/fax/e-mail, to Keri Monihan at
<kmonihan(a)ccmc.org> or 202/326-8728. Please feel free to
circulate this information to colleagues and other
interested individuals.
September 3, 1998
Justice Department Will Appeal Census Ruling To Supreme
Court Congress Presses Administration for "Nonsampling"
Census Plan
On August 25, the Justice Department notified a federal
court that it would appeal the court's order barring the
Census Bureau from using sampling or statistical methods to
produce the population counts used for congressional
apportionment to the U.S. Supreme Court. This year's
Commerce funding bill (Public Law 105-119) set up a direct
appeal to the high court in lawsuits challenging the
constitutionality and legality of sampling and called for an
expedited review by the court.
A special three-judge panel of the District Court for the
District of Columbia ruled on August 24 that the Census Act
(title 13, United States Code) prohibits the use of sampling
to count the population for purposes of apportionment.
Other federal courts, in cases dating back to the 1980 and
1990 censuses, reached the opposite conclusion. During the
1990 census, the Justice Department concluded that the
Census Act and the Constitution permitted the use of
sampling methods to improve a good-faith direct counting
effort, although it noted the difficulty in interpreting
seemingly conflicting provisions of the law. Then-Commerce
Secretary Robert Mosbacher decided against a statistical
correction of the undercount on other grounds. The court in
the current case did not address the constitutional question
(and therefore did not find that the Constitution requires a
physical headcount of the population, as the plaintiffs
argued).
The district court opinion in the case of U.S. House of
Representatives v. U.S. Department of Commerce, et al. is
available on the internet at www.dcd.uscourts.gov/
<http://www.dcd.uscourts.gov/>.
Congressional hearing: The House Subcommittee on the Census
will hold a hearing on Wednesday, September 9, to review the
status of census preparations. Secretary of Commerce
William Daley and Acting Census Bureau Director James Holmes
have been invited to testify. The discussion is likely to
focus on plans for conducting a census without sampling and
statistical methods in light of the district court ruling.
The hearing will begin at 1:00 p.m. in room 2203 Rayburn
House Office Building.
Appropriations update: Before leaving town for its August
break, the Senate appointed members who will serve on a
conference committee that must iron out differences between
the House and Senate versions of the Commerce funding bill
for fiscal year 1999.
The conferees, all members of the Senate Appropriations
Committee, are:
Republicans: Judd Gregg (NH), Ted Stevens (AK), Pete V.
Domenici (NM), Mitch McConnell (KY), Kay Bailey Hutchison
(TX), Ben Nighthorse Campbell (CO), Thad Cochran (MS).
Democrats: Ernest Hollings (SC), Daniel Inouye (HI), Dale
Bumpers (AR), Frank Lautenberg (NJ), Barbara Mikulski (MD),
Robert Byrd (WV).
The House will appoint its conferees when it reconvenes
after Labor Day.
Census Monitoring Board activities: The Board has scheduled
a meeting for September 18 in Washington, DC (Exact location
and time to be announced). The Board has moved into its new
offices at Census Bureau headquarters in Suitland, MD. The
presidentially-appointed Board members (led by co-chair Tony
Coelho) and their staff can be reached at 301/457-9900. The
members appointed by the congressional Republican leadership
(led by co-chair Kenneth Blackwell) and their staff can be
reached at 301/457-5080.
Media Watch: Increasingly, press accounts of the controversy
over census methods have described the population subgroups
most likely to be missed as people "who tend to vote
Democratic." Editorials both supporting and opposing the
use of scientific methods in the 2000 census, as well as
many news articles, have relied on this description to
explain why the disagreement has been largely along partisan
lines.
It's important to remember that the census doesn't count
voters, and people who are counted in the census don't
necessarily vote. About half of those not counted in 1990
were children and immigrants who can't vote. Others who the
census is likely to miss are alienated from or mistrustful
of government, and are therefore less likely to vote, as
well. So the next time you read in your local paper about
the census counting voters, consider dashing off a letter to
the editor to set the record straight!
Stakeholder activities: The 2000 Census Advisory Committee
will hold its quarterly meeting on September 24 and 25 at
the Embassy Suites Hotel in Washington, D.C. The meeting is
open to the public.
Census Frequently Asked Questions (FAQ's): From time to time
the Census 2000 Initiative will address frequently asked
questions about census policy issues and operations.
Question: Under its 2000 census plan, what will the Census
Bureau do if more than 90 percent of households in a given
census tract mail back their census forms?
Answer: Every census form that is returned by mail will be
counted, even if the mail-back rate exceeds 90 percent in a
census tract. Here's how it will work: All (100%) known
households will get a census form in the mail. A certain
percentage will mail back the form. Next, census takers
will visit enough of the unresponsive households to ensure
direct contact (mail, telephone, and personal visits) with
at least 90 percent in every tract. For example, if the
mail-back rate in tract "A" is 60 percent, census takers
will visit three of every four unresponsive households.
Finally, the Bureau will estimate characteristics for the
remaining 10 percent based on the characteristics of the
other unresponsive homes in tract "A" (60% + 30% + 10% =
100%).
For all census tracts with mail-back rates of 85 percent or
above, census takers will visit one of every three
unresponsive households. In 1990, there were no census
tracts with mail-back rates over 90 percent. Nevertheless,
in 2000, no census forms will be discarded, no matter how
high the mail-back rate in a census tract.
Consider a hypothetical census tract where 94 percent of the
households send back their forms. All of those
questionnaires will be counted. Then census takers will
visit one in three of the remaining six percent (or two
percent of the total number of households in the tract). The
final four percent will be estimated based on information
gathered from the nonresponsive households that were visited
in person (94% mail response + 2% visited + 4% estimated =
100%).
Questions about the information contained in this News Alert
may be directed to TerriAnn Lowenthal at (202) 484-2270 or,
by e-mail at <terriann2k(a)aol.com>. Please direct all
requests to receive News Alerts, and all changes in
address/phone/fax/e-mail, to Keri Monihan at
<kmonihan(a)ccmc.org> or 202/326-8728. Please feel free to
circulate this information to colleagues and other
interested individuals.
Vol. 2 - No. 40
Aug. 25, 1998
On Tuesday afternoon, Aug. 24, Secretary of Commerce William
M. Daley issued a statement in response to the U.S. District
Court for the District of Columbia's order enjoining the
Census Bureau from using "any form of statistical sampling"
in Census 2000. The Secretary's statement follows:
"We are obviously disappointed with today's ruling on the
Census. What is at stake here is the ability of the Census
Bureau to use the most modern scientific methods to ensure
an accurate and fair census. We will ask the Solicitor
General to appeal the ruling and we expect the Supreme Court
to reverse it. Meantime, the Census Bureau will proceed with
its two-track planning process, preparing for both a census
using an element of statistical sampling, and a census that
would not use those methods.
"In the cases arising out of the 1980 and 1990 census,
courts have held that the use of statistical sampling
methods in the decennial is both constitutional and lawful.
In 1991, Congress passed and President Bush signed
legislation directing the National Academy of Sciences to
determine a more accurate method for counting the
population, including the possible use of statistical
sampling. We concur with the findings of the Academy and
other experts that a census using statistical sampling will
produce much more accurate results, and at far less cost,
than a census not using these methods."
For further information concerning this bulletin, contact
Mary Hanley (202-482-4883) or Karen Cowles (202-482-1523) at
the Office of Public Affairs, U.S. Commerce Department.
Date: Mon, 24 Aug 1998 16:42:23 -0400
From: census2000 <census2000(a)ccmc.org>
BREAKING NEWS ALERT
Federal Court Finds Law Bars Census Sampling Methods
Commerce Department Will Appeal to Supreme Court;
Three-Judge District Court Panel Avoids Constitutional
Question
A federal district court panel ruled unanimously today that
a census statute bars the use of sampling methods to produce
the population counts used to reapportion seats in
Congress. The opinion, written by Judge Royce Lamberth, was
issued in the case of U.S. House of Representatives v. U.S.
Department of Commerce, filed at the direction of Speaker
Newt Gingrich (R-GA) to stop the Census Bureau from using
scientific methods in the 2000 census. The special
three-judge panel heard the case on June 11. Judge Lamberth
was joined by Judges Douglas Ginsburg and Ricardo Urbina in
his opinion. A copy of the 31-page decision is available on
the internet at <http://www.dcd.uscourts.gov>.
The court found that the plaintiffs had legal "standing" to
bring their lawsuit, which the Justice Department,
representing the Commerce Department and Census Bureau, had
disputed. The court wrote that Congress intended to
prohibit the use of sampling methods to conduct the
population count when it amended the Census Act (title 13,
United States Code) in 1974. One provision of that statute
(section 195) requires the Secretary of Commerce to use
sampling techniques whenever possible to collect census and
other survey data, except for purposes of apportionment.
Another provision of the law (section 141) requiring a
census every ten years allows the Secretary to conduct the
count using any methods, including sampling. Several
federal district and appellate courts have considered those
apparently conflicting provisions in cases dating back to
the 1980 census and have found that the law does not bar
sampling to supplement a "good faith" direct counting
effort.
In a joint statement, Congressional Census Caucus Co-Chairs
Carolyn Maloney (D-NY) and Christopher Shays (R-CT) said
that they expected the Supreme Court to decide the issue
ultimately. Former Congresswoman Patricia Schroeder (D-CO),
who chaired the census subcommittee when the contested
provisions of the law were enacted, said that the court's
opinion "directly contradicted the intent of Congress" in
amending the Census Act. Harvard Law professor Laurence
Tribe called the ruling a "temporary blow" and said the
history of the statute "[doesn't] provide any basis" for the
court's interpretation.
Grover Norquist, president of Americans for Tax Reform,
released a statement that opened with the following quote:
"Americans for Tax Reform welcomes the court's rejection of
this blatantly illegal scheme to advance the agenda of the
forces of big government." The court did not rule on whether
the Constitution also prevented the use of sampling and
statistical methods in the census, saying that it did not
need to reach that question since it believed Congress had
barred the methods by law. In the major lawsuit challenging
the accuracy of the 1990 census, the Supreme Court found
that Article I, section 2, of the Constitution gives
Congress "virtually unlimited discretion" in how to conduct
the census.
A second lawsuit challenging the constitutionality and
legality of sampling, Glavin v. Clinton, was heard by a
three-judge district court panel in Roanoke, Virginia on
August 7. Matthew Glavin, head of the Atlanta-based
Southeastern Legal Foundation, and Rep. Bob Barr (R-GA)
filed suit on February 12 to stop the Census Bureau from
carrying out its 2000 census plan.
Questions about the information contained in this News Alert
may be directed to TerriAnn Lowenthal at (202) 484-2270 or,
by e-mail at <terriann2k(a)aol.com>. Please direct all
requests to receive News Alerts, and all changes in
address/phone/fax/e-mail, to <census2000(a)ccmc.org> or
202/326-8728. Please feel free to circulate this
information to colleagues and other interested individuals.
Don--i reposted your response to the mailing list. i hope
that is ok with.
------------------------------------------------------------------------------------------------------------
In reply to Ed Christopher's question about the NAICS changes-
Here in Denver, we are looking forward to these changes. The old SIC codes are no longer reflecting the character of the economy, at least in our setting. With the service sector becoming such a dominant part of the economy, the new system will break services into several major groups.
We are hopeful that this will be useful for transportation modeling as well. the new system will provide n opportunity to group industires together that have similar travel patterns. Again, changes in the way business functions are making the SIC groupings less releevant to transportation modeling.
Hope that encourages you to review the changes.
Larry Mugler
Director, Development Services
Denver Regional Council of Governments.
owner-ctpp-news(a)chrispy.net wrote:
> Chuck thanks for the heads-up. Anyone on the list care to comment on
> this NAICS thing? Is it a good thing? Working in an agency that gets its
> employment data given to it by another agency I really do not have a good
> read on this. I am sure there are others equally unaware of what NAICS
> means to them.
> ed christopher
> director of information services
> chicago area transportation study
>
> Chuck Purvis (MTC) wrote:
>
> > Dear CTPP Listserv recipients:
> >
> > I'm forwarding this message that a colleague received from the state
> > data center listserv.
> >
> > Chuck Purvis, MTC
> >
> > ***************************************************************
> >
> > The Census 2000 will be using 2 new classification systems. NAICS or
> > North American Industry Classification System will be used for
> > classifying employment by industry. SOC or Standard Occupational
> > Classification will be used to classify occupations.
> >
> > I encourage you to become familiar with the SOC revisions and to
> > submit comments. Thanks.
> > Patricia Roberts
> > paroberts(a)mt.gov
> > 406.444.4393
> > ------------------clipped-------------------------
>
>
____________________________________________________________________
Get free e-mail and a permanent address at http://www.netaddress.com/?N=1
Dear CTPP Listserv recipients:
I'm forwarding this message that a colleague received from the state
data center listserv.
Chuck Purvis, MTC
***************************************************************
The Census 2000 will be using 2 new classification systems. NAICS or
North American Industry Classification System will be used for
classifying employment by industry. SOC or Standard Occupational
Classification will be used to classify occupations.
I encourage you to become familiar with the SOC revisions and to
submit comments. Thanks.
Patricia Roberts
paroberts(a)mt.gov
406.444.4393
-----------------------------------------------
The Office of Management and Budget (OMB) is seeking public comment
on the Standard Occupational Classification Revision Policy
Committee's (SOCRPC) final recommendations for revising the 1980
Standard Occupational Classification's (SOC) occupational units and
aggregate groups presented in this notice. The SOCRPC has developed
a new occupational classification system that will cover all jobs in
the national economy, including occupations in the public, private,
and military sectors.
All Federal agencies that collect occupational data will use the new
system; similarly, all State and local government agencies are
strongly encouraged to use this national system to promote a common
language for categorizing occupations in the world of work. The new
SOC system will be used by the Occupational Employment Statistics
(OES) program of the Bureau of Labor Statistics (BLS) for gathering
occupational information. It will also replace the Bureau of the
Census' 1990 occupational classification system and will be used for
the 2000 Census. In addition, the new SOC will serve as the framework
for information being gathered through the Department of Labor's
Occupational Information Network (O*NET), which is in the process of
replacing the Dictionary of Occupational Titles (DOT).
Request For Comments: OMB welcomes comments with respect to any topic
related to occupational classification, but is specifically
interested in comments concerning:
(1) the hierarchical structure of the new SOC presented in Appendix A
below, especially the minor group, broad occupation, and detailed
occupation organization within the structure, and the numbering
system used, and
(2) the establishment of ongoing review and update procedures and a
time frame for future revision as outlined in the "Next Steps in
Process" recommendations near the end of the Supplementary
Information section below. It is anticipated that the next major
review and revision of the SOC will begin in 2005 in preparation for
use in the 2010 Decennial Census.
DATES: To ensure consideration all comments must be in writing and
received on or before October 9, 1998.
ADDRESSES: Correspondence about the adoption and implementation of
the SOC as shown in this Federal Register notice should be sent to:
Katherine K. Wallman, Chief Statistician, Office of Management and
Budget, 10201 New Executive Office Building, Washington, DC 20503,
telephone number:
(202) 395-3093, FAX number: (202) 395-7245.
Inquiries about the definition of particular occupations or requests
for electronic copies of the SOC structure should be made to Laurie
Salmon, Standard Occupational Classification Revision Policy
Committee, Bureau of Labor Statistics, Room 4840, Washington, DC
20212, telephone number: (202) 606-6511, FAX number: (202)
606-6645.
Electronic Availability and Comment: This document is available on
the Internet from the Bureau of Labor Statistics via WWW browser and
E-mail.
To obtain this document via WWW browser, connect to
(http://stats.bls.gov/soc/soc_home.htm).
This WWW page contains previous SOC Federal Register notices and
related documents as well. To obtain this document via E-mail, send
a message to socrevision(a)bls.gov.
Comments may be sent via E-mail to OMB at soc(a)omb.eop.gov (do not
include any capital letters in the address). Comments received at
this address by the date specified above will be included as part of
the official record.
FOR FURTHER INFORMATION CONTACT: Paul Bugg, 10201 New Executive
Office Bldg., Washington, DC 20503, E-mail address:
pbugg(a)omb.eop.gov, telephone number: (202) 395-3093, FAX number:
(202) 395-7245.
To review the full Federal Register notice and specific
classifications/defnitions, go to:
http://stats.bls.gov/soc/soc_home.htm
***********************************************************
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********** C E N S U S 2 0 0 0 B U L L E T I N
**********
Vol. 2 - No. 39 Aug. 10,
1998
As of Aug. 1, 7,475 cities, counties, and tribal governments
had signed confidentiality agreements with the Census
Bureau, enabling them to take part in the Local Update of
Census Addresses (LUCA) Program, a new activity in which
local and tribal governments can review and check the
accuracy of Census 2000 address lists.
The Census Bureau's Geography Division also reported that as
of Aug. 1 a total of 10,362 of the 17,311 governmental units
in which house-number and street-name addresses are used for
mail delivery had responded -- the overwhelming majority
positively -- to the Census Bureau's invitation to
participate in the address-list review opportunity.
The Census Bureau's Geography Division said officials in all
of the jurisdictions had signed and returned forms pledging
that they would protect the confidentiality of the address
lists. Signing of the confidentiality agreements was a
prerequisite for the Census Bureau to generate the
corresponding portions of the address lists handed over to
officials in each
of the jurisdictions.
Local officials will match the Census Bureau address list
against their own address lists and inform the Census Bureau
of any corrections or additions. They have three months from
the time they receive the list and the large-scale (36" x
42") map sheets for their jurisdictions to complete their
reviews.
Local and tribal governments can review the census address
list in different ways. Some choose to do a comprehensive
review, including field checks, but others have indicated
they will employ a less intensive approach and focus on
areas where addresses are more likely to be missed - newly
constructed housing, apartment buildings with irregular or
missing numbering schemes for individual units, areas along
jurisdictional boundaries, etc.
Under a law passed by Congress in 1994, the Census Bureau
was directed to develop a program that would allow local and
tribal governments to provide assistance in verifying the
accuracy of its address list, which will be used in Census
2000 as the framework for conducting the census.
In early 1999, the Census Bureau will offer a similar
address-list review opportunity for areas that use other
mail-delivery methods. Staff from the Census Bureau's
Regional Census Centers have been conducting training
sessions for local and tribal participants, and will be
available throughout the program to answer questions. A
toll-free telephone number (888-688-6948) will direct calls
from participants to the appropriate census offices.
Participants receiving computer-readable files can receive
technical assistance by calling a contractor-operated help
desk at a toll-free telephone number (888-879-6656).
For further information concerning this bulletin, contact
Catherine McCully of the Census Bureau's Geography Division
on 301-457-8630 (fax: 301-457-4710; e-mail:
luca(a)geo.census.gov).
The 1997 American Community Survey Online
Data for more than 65,000 areas accessible on the Internet
at <http://www.census.gov/cms/www>
New areas surveyed include Franklin County, Ohio, Douglas
County, Neb., and Fort Bend and Harris counties, Texas. Two
years of data are available for Rockland County, N.Y. and
Multnomah County and Portland, Ore. The 1997 data appear in
both summary and area-profile formats.