[Federal Register Volume 65, Number 119 (Tuesday, June 20, 2000)]
[Proposed Rules]
[Pages 38370-38371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15347]
[[Page 38369]]
-----------------------------------------------------------------------
Part IV
Department of Commerce
-----------------------------------------------------------------------
Bureau of the Census
-----------------------------------------------------------------------
15 CFR Part 101
Report of Tabulations of Population to States and Localities Pursuant
to 13 U.S.C. 141(c) and Availability of Other Population Information;
Proposed Rule
Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 /
Proposed Rules
[[Page 38370]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of the Census
15 CFR Part 101
[Docket No.: 000609172-0172-01]
RIN 0607-AA33
Report of Tabulations of Population to States and Localities
Pursuant to 13 U.S.C. 141(c) and Availability of Other Population
Information
AGENCY: Department of Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce is issuing a proposed rule setting
forth how the Bureau of the Census will carry out its responsibilities
to report tabulations of population to States and localities pursuant
to 13 U.S.C. 141(c) and in making available certain other population
information.
DATES: Comments must be submitted no later than August 4, 2000.
ADDRESSES: Comments should be sent to: John H. Thompson, Associate
Director for Decennial Census, Bureau of the Census, Suitland Federal
Center, Suitland and Silver Hill Roads, Building 2, Room 3586,
Suitland, Maryland 20233.
FOR FURTHER INFORMATION CONTACT: John H. Thompson, (301) 457-3946.
SUPPLEMENTARY INFORMATION: Through the Census Act, which is codified in
title 13 of the United States Code, Congress has delegated to the
Secretary of Commerce its broad constitutional authority over the
decennial census (see U.S. Constitution Art. I, Sec. 2, Cl.3). The
Constitution requires that decennial census data be used by the U.S.
Congress for apportioning seats in the House of Representatives among
the States. These data also are used for a number of other important
purposes, such as establishing the boundaries for congressional and
state and local legislative districts, and for the allocation of funds
by federal and state agencies.
The Census Act specifies (in 13 U.S.C. 141(c)) the procedure to be
followed in providing to States the reports of tabulations of
population used in drawing legislative districts. (These reports of
tabulations often are referred to as Public Law 94-171 data.) As
detailed in Accuracy and Coverage Evaluation; Statement on the
Feasibility of Using Statistical Methods to Improve the Accuracy of
Census 2000 published today, the Director of the Census has informed
the Secretary that the decision whether to release statistically
corrected data for States to use in the redistricting process will be
made prior to the statutory deadline for transmitting the tabulations.
The Secretary has accepted and fully endorsed that process in a
memorandum to the Director, also published today. This proposed rule
establishes the framework for making that decision.
First, because this decision turns entirely on operational and
methodological implementation within the expertise of the Bureau of the
Census--whether the use of sampling is possible, i.e., compatible with
statutory and resource constraints and with other aspects of the
decennial census operational plan and is expected to improve the
overall accuracy of the census as discussed in Accuracy and Coverage
Evaluation, the decision must be made by the experts at the Census
Bureau. The proposed rule therefore endows the Director of the Census
with final authority to make this determination. Review of the
Director's decision by the Secretary of Commerce would at a minimum
create the appearance that considerations other than those relating to
statistical science were being taken into account, and could well allow
the decision to be based on such irrelevant considerations. There is
absolutely no role for non-scientific considerations in this process.
In order to safeguard both the substance and the public credibility of
this decisionmaking process, we must leave the decision to the expert
judgment of the Bureau of the Census.
Second, because the public credibility of this process is critical,
the proposed rule reflects a transparent process the Bureau of the
Census has established. A committee composed of the distinguished
senior career professionals at the Bureau of the Census will make a
recommendation to the Director of the Census. That recommendation will
be made public; this step is essential to ensure an open, transparent
process. After considering the recommendation, the Director will make
the final decision.
These procedures have their roots in approaches taken in prior
decennial censuses. In 1980, the Secretary of Commerce delegated this
decision to the Director of the Census (see Departmental Organizational
Order 32-21 (Aug. 4, 1975) and memorandum of Secretary Klutznick dated
May 12, 1980) and the Director publicly disclosed the approach he would
take in deciding whether to use the statistical method known as
sampling (45 FR 69366) as well as his decision not to use that method
(45 FR 8287). In 1990, procedures established as the result of the
settlement in City of New York v. United States Dep't of Commerce
provided for interim decisions by the statistical experts at the Bureau
of the Census and by an advisory panel appointed by the plaintiffs and
defendant in the litigation, with the final decision made by the
Secretary of Commerce. For the reasons stated above, it is most
appropriate to delegate this decision to the statistical experts at the
Census Bureau.
Third, the proposed rule addresses the release of other population
data by the Bureau of the Census. In Public Law 105-119, Section
209(j), Congress established certain standards for the release of other
population data in the event the Director determines that the
statistical method known as sampling is used in calculating the
tabulations of population reported to States and localities pursuant to
13 U.S.C. 141(c). The proposed rule provides that, in the event that
the Director determines not to use the statistical method known as
sampling in calculating the tabulations of population, despite a
recommendation in favor of the use of that method by the committee of
census professionals, the same standards shall apply to the release of
that data to States and localities pursuant to 13 U.S.C. 141(c).
Administrative Law Requirements
Executive Order 12866
This final rule has been determined to be not significant under
section 3(f) of Executive Order 12866.
Paperwork Reduction Act
This proposed rule contains no new information collection requests
subject to the Paperwork Reduction Act.
Regulatory Flexibility Act
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
This proposed rule establishes a process for making a determination
whether to release statistically corrected data for States to use in
the redistricting. No small entity is impacted as a result of this
procedural rule. As such, an initial regulatory flexibility analysis is
not required and none has been prepared.
Unfunded Mandate Reform Act of 1995
This rule contains no Federal mandates, as that term is defined in
the Unfunded Mandates Reform Act, on State, local and tribal
governments or the private sector.
[[Page 38371]]
Executive Order 12630
This rule does not contain policies that have takings implications.
List of Subjects in 15 CFR Part 101
Census data.
Dated: June 13, 2000.
William M. Daley,
Secretary of Commerce.
For the reasons set out in the preamble, 15 CFR part 101 is
proposed to be added to read as follows:
PART 101--RELEASE OF DECENNIAL CENSUS POPULATION INFORMATION
Sec.
101.1 Report of tabulations of population to States and localities
pursuant to 13 U.S.C. 141(c).
101.2 Availability of other population information.
Authority: 5 U.S.C. 301, 13 U.S.C. 4, 13 U.S.C. 141, 13 U.S.C.
195, 15 U.S.C. 1512.
Sec. 101.1 Report of tabulations of population to States and
localities pursuant to 13 U.S.C. 141(c).
(a)(1) The Director of the Census shall make the final
determination regarding the methodology to be used in calculating the
tabulations of population reported to States and localities pursuant to
13 U.S.C. 141(c). The determination of the Director will be published
in the Federal Register.
(2) All relevant authority of the Secretary of Commerce under 13
U.S.C. 141(c) and other applicable provisions of title 13 of the U.S.
Code with respect to the decision to be made pursuant to paragraph
(a)(1) of this section is hereby conferred upon the Director of the
Census.
(3) The Director of the Census shall not make the determination
specified in paragraph (a)(1) of this section until after he or she
receives the recommendation of the Executive Steering Committee for
A.C.E. Policy in accordance with paragraph (b)(1) of this section.
(4) The determination of the Director of the Census shall not be
subject to review, reconsideration, or reversal by the Secretary of
Commerce.
(b)(1) The Executive Steering Committee for A.C.E. Policy shall
prepare a written report to the Director of the Census recommending the
methodology to be used in making the tabulations of population reported
to States and localities pursuant to 13 U.S.C. 141(c).
(2) The report of the Executive Steering Committee for A.C.E.
Policy described in paragraph (b)(1) of this section shall be released
to the public at the same time it is delivered to the Director of the
Census. This release to the public shall include, but is not limited
to, posting of the report on the Bureau of the Census website and
publication of the report in the Federal Register.
(3) The ``Executive Steering Committee for A.C.E. Policy'' (ESCAP)
is composed of:
(i) Deputy Director and Chief Operating Officer;
(ii) Principal Associate Director and Chief Financial Officer;
(iii) Principal Associate Director for Programs;
(iv) Associate Director for Decennial Census (Chair);
(v) Assistant Director for Decennial Census;
(vi) Associate Director for Demographic Programs;
(vii) Associate Director for Methodology and Standards;
(viii) Chief; Planning, Research, and Evaluation Division;
(ix) Chief; Decennial Management Division;
(x) Chief; Decennial Statistical Studies Division;
(xi) Chief; Population Division; and
(xii) Senior Mathematical Statistician.
Sec. 101.2 Availability of other population information.
(a) When the Director of the Census determines pursuant to
Sec. 101.1(a)(1) of this part to use methodologies including the
statistical method known as ``sampling'' to produce the tabulations of
population to report to States pursuant to 13 U.S.C. 141(c), data
prepared without the use of such statistical method shall be made
available to the public in accordance with the standards set forth in
section 209(j) of Public Law 105-119, 111 Stat. 2440, simultaneously
with the issuance of the report to States.
(b) When the Director of the Census determines pursuant to
Sec. 101.1(a)(1) of this part to produce tabulations of population
without the use of methodologies including the method known as
sampling, for reporting to States pursuant to 13 U.S.C. 141(c)
notwithstanding the Executive Steering Committee for A.C.E. Policy's
recommendation to use sampling, data prepared with the use of such
statistical method shall be made available to the public in accordance
with the standards set forth in section 209(j) of Public Law 105-119,
111 Stat. 2440, for the release of data prepared without the use of
such statistical method, simultaneously with the issuance of the report
to States.
[FR Doc. 00-15347 Filed 6-14-00; 11:53 am]
BILLING CODE 3510-07-P