[Congressional Record Volume 156, Number 33 (Tuesday, March 9, 2010)]
[House]
[Pages H1198-H1200]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1600
PREVENT DECEPTIVE CENSUS LOOK ALIKE MAILINGS ACT
Mr. CLAY. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4621) to protect the integrity of the constitutionally mandated
United States census and prohibit deceptive mail practices that attempt
to exploit the decennial census, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4621
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 ``Prevent Deceptive Census
Look Alike Mailings Act''.
SEC. 2. REQUIREMENTS FOR MAIL BEARING THE TERM ``CENSUS'' ON
THE ENVELOPE OR OUTSIDE COVER OR WRAPPER.
(a) Matter Soliciting Purchase of a Product or Service.--
Section 3001(h) of title 39, United States Code, is amended--
(1) by inserting, in the matter preceding paragraph (1),
``; or which bears the term `census' on the envelope or
outside cover or wrapper'' after ``such matter by the Federal
Government'';
(2) in paragraph (2), by redesignating subparagraphs (A),
(B), and (C) as clauses (i), (ii), and (iii), respectively;
(3) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(4) by inserting ``(1)'' after ``(h)''; and
(5) by adding at the end the following new paragraph:
``(2) In the case of matter bearing the term `census' on
the envelope or outside cover or wrapper, in addition to
satisfying one of the exceptions contained in paragraphs
(1)(A), (1)(B), or (1)(C), such envelope or outside cover or
wrapper bears on its face an accurate return address
including the name of the entity that sent such matter.''.
(b) Matter Soliciting Information or Contribution of
Funds.--Section 3001(i) of title 39, United States Code, is
amended--
(1) by inserting, in the matter preceding paragraph (1),
``; or which bears the term `census' on the envelope or
outside cover or wrapper'' after ``such matter by the Federal
Government'';
(2) in paragraph (2), by redesignating subparagraphs (A),
(B), and (C) as clauses (i), (ii), and (iii), respectively;
(3) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(4) by inserting ``(1)'' after ``(i)''; and
(5) by adding at the end the following new paragraph:
``(2) In the case of matter bearing the term `census' on
the envelope or outside cover or wrapper, in addition to
satisfying one of the exceptions contained in paragraphs
(1)(A), (1)(B), or (1)(C), such envelope or outside cover or
wrapper bears on its face an accurate return address
including the name of the entity that sent such matter.''.
The SPEAKER pro tempore (Mr. Doyle). Pursuant to the rule, the
gentleman from Missouri (Mr. Clay) and the gentleman from New Jersey
(Mr. Garrett) each will control 20 minutes.
The Chair recognizes the gentleman from Missouri.
General Leave
Mr. CLAY. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
Mr. CLAY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 4621, as amended. I would like
to thank Chairman Towns and Ranking Member Issa of the Committee on
Oversight and Government Reform, and Congresswoman Maloney and
Congressman Chaffetz for working with me on this legislation. As
chairman of the Information Policy, Census, and National Archives
Subcommittee, this legislation is of particular importance to me.
This legislation would require certain mailings which have the term
``census'' on the outside of the envelope to also include an accurate
return address and the name of the sender on the envelope. H.R. 4621
would also mandate that such mailings follow existing legal
requirements to include disclaimers making it clear that the mailing is
not from the Federal Government.
H.R. 4621 was introduced on February 9, 2010, and referred to the
Committee on Oversight and Government Reform. The committee approved
the measure with a manager's amendment by voice vote on March 4, 2010.
In recent months, mailings which have the word ``census'' on the
envelope and contents that resemble official census forms have been
sent by the Republican National Committee and other nonprofit
organizations to citizens in several States. The RNC mailings were
marked ``DO NOT DESTROY. OFFICIAL DOCUMENT.'' The envelope used in
these mailings did not include a return address or identify the sender.
Using these terms on the outside of the envelope without a return
address and the name of the sender creates an appearance of an official
government document.
Later this month, the Census Bureau will begin conducting the
decennial census through the U.S. mail. The decennial census is
mandated by article I, section 2, of the U.S. Constitution. This
official government function provides an accurate portrait of the
American population. The decennial census serves as a basis for the
distribution of hundreds of billions of dollars for schools, hospitals,
job training centers, and transportation projects.
In addition to conducting the decennial census every 10 years, the
Census Bureau conducts surveys throughout the decade. For example,
under the previous administration, the Bureau started the American
Community Survey, which is an annual survey sent to a sample of the
public. This survey helps communities understand where and how their
population lives and permits the community to allocate resources
accordingly.
Because legitimate census mailings are used for such important
purposes, it is critical that the Census Bureau is able to receive
accurate information and that American citizens continue to have
confidence in census mailings. Increased confidence in the census will
save taxpayers money by improving the response rate.
The Director of the Census Bureau, Robert Groves, has said that the
Bureau will save $85 million for every 1 percent increase in the mail-
back response from recipients of the decennial census.
This bill is narrowly tailored to address the specific problems
caused by census look-alike mailings. This bill would not prevent the
use of the term ``census'' in mailings altogether; H.R. 4621 would
merely require the sender to identify itself and include language
clarifying that the mailing is not from the Federal Government.
Mailings by private organizations which appear to be from the Census
Bureau, without a proper clarification or disclaimer, create a risk of
confusion on the part of citizens who will be receiving actual census
mailings this year. H.R. 4621 will help to prevent such confusion.
Mr. Speaker, I urge my colleagues to join me in supporting this
legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. GARRETT of New Jersey. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I wish to thank Mrs. Maloney for her introduction of
H.R. 4621, the Prevent Deceptive Census Look Alike Mailings Act. What
this bill will do is seek to prevent the word ``census'' from appearing
on mail that does not pertain directly to the national census.
Currently we do have laws to address sending deceptive or fraudulent
mail, and the Postal Inspection Service currently has responsibility
for investigating allegations of this nature and determining if a
violation has been committed. However, what this bill will do is simply
reinforce and reiterate existing law.
This bill would give postal inspectors an additional tool, if you
will, in addressing mail sent by those seeking to capitalize on the
importance people place on the U.S. census--mail that
[[Page H1199]]
may be in a gray area where inspectors are unable to determine whether
a violation has been committed or not.
The census is one of the most important functions of the Federal
Government, particularly given the role it plays in our representative
democracy, so confusion or reduced participation can affect political
representation, and also whether a community receives its fair share of
Federal dollars. So when a piece of mail says ``census'' on it, we want
people to take it seriously, to read it and to respond to it. We must
maintain public trust in this process and send the message to citizens
that an accurate census is of paramount importance to all Americans.
Mr. Speaker, with that, I reserve the balance of my time.
Mr. CLAY. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from New York (Mrs. Maloney).
Mrs. MALONEY. Mr. Speaker, I thank the gentleman for yielding and for
his leadership in moving this bill to the floor. I also would like to
thank Chairman Towns and Ranking Member Issa, along with Congressmen
Clay and Lynch, for their support and cooperation.
The 2010 census is here. Later this week, on March 12, 2010, forms
will be hitting the mailboxes. That is why we must act quickly to
ensure a fair and accurate count without disruption or confusion.
Many may not realize this, but the constitutionally mandated census
is used to determine the distribution of billions of dollars in Federal
funding into our States and our communities, in addition to determining
the number of congressional seats per State. Participation in the
census is essential to ensuring a brighter tomorrow for our communities
and a representative government for our country.
It is because of this we must do everything possible to protect the
integrity of the United States census and ensure that it is both
accurate and cost-effective, and it's why the Congress has appropriated
hundreds of millions of dollars to the Census Bureau to encourage
participation.
Unfortunately, while the U.S. Government is working to encourage
participation, there are some organizations that are causing confusion
by sending mailers that resemble official census documents. These
deceptive mailings include the words ``census department,'' ``census
document,'' and ``official document,'' but are instead letters seeking
support for other purposes.
If we allow organizations to send mock census documents or mock look-
alikes of the census forms, we stand to confuse people and risk a lower
response rate, which ultimately would increase the cost of the entire
count. In fact, every percentage decrease in the mail response rate
costs approximately $25 million for the additional expense of sending
enumerators to the homes of those who do not respond to the mailing.
After all, when people simply fill out the form and mail it back, it
costs the least to our government.
Former Census Director Dr. Barbara Bryant, who served under President
George H.W. Bush, has noted that there are documents that are
intentionally made to look like the census in an effort to deceive.
That is why I introduced H.R. 4621, the Prevent Deceptive Census Look
Alike Mailings Act, and why I am grateful that we will pass this bill
today with bipartisan support.
H.R. 4621 would require any mailing with an envelope marked
``census'' to clearly indicate the sender and return address. It would
also trigger an existing requirement in Federal law to include a
disclaimer that the mailing is not from or affiliated with the Federal
Government.
The bill would not prohibit the use of the word ``census'' on a
mailing if an organization wants to do a census and call it that. That
is fine. However, the mailer must be absolutely clear that it is not
the United States Government's census.
This bill will serve as an important tool in protecting the integrity
of census mailings and save the taxpayer money in fulfilling the
constitutionally mandated census by limiting any confusion that a
deceptive census look-alike mailer could cause.
Finally, I would like to note that Senator Carper intends to move
this bill to the Senate floor once we pass it in the House. I thank my
colleagues for moving swiftly on this issue, and urge my colleagues to
vote yes.
Mr. GARRETT of New Jersey. Mr. Speaker, I have no further requests
for time, and I yield back the balance of my time.
Mr. CLAY. Mr. Speaker, again, I encourage my friends from both sides
of the aisle to join me in supporting H.R. 4621, as amended, and again
I thank the gentlewoman from New York for her leadership on this
legislation.
Mr. HOYER. Mr. Speaker, entering its 23rd decade, the U.S. Census is
the longest-running national census in the world. Our founders wrote it
into the Constitution, because taking a fair count is an essential part
of fair government. A comprehensive, accurate Census helps ensure that
our common resources are distributed where they are most needed, so
that our communities can get the roads, schools, and police protection
that they need. There's nothing partisan about that goal.
Unfortunately, some groups have set out to deceive Americans by
disguising their own private mailings as Census documents. This month,
Americans have received envelopes marked ``Census'' and ``official
document,'' when the papers inside are nothing of the kind--and
sometimes even political fundraising appeals. Groups that send out such
mailings are taking advantage of the Census to unfairly promote their
own interests. And even worse, they are interfering with a fair and
accurate Census by possibly depressing the response. According to
Barbara Everitt Bryant, a former Republican appointee to head the U.S.
Census Bureau, ``those who respond may feel they have been good
citizens and already answered the census when their real questionnaires
arrive next month.''
To stop that kind of cynical manipulation, I urge my colleagues to
support the Prevent Deceptive Census Look Alike Mailings Act. It would
require any mailing with an envelope marked ``Census'' to clearly
indicate the sender, reducing the possibility of deception; it would
also trigger an existing legal requirement that the mailing include a
disclaimer stating that it is not affiliated with the U.S. Census. This
bill won't prevent any organization from using the word ``Census''--but
it will stop private organizations from disguising themselves as the
federal government.
This bill is an important way to ensure an unbiased count of all
Americans, and I strongly support its passage.
Ms. JACKSON LEE of Texas. Mr. Speaker, I rise before you today in
support of H.R. 4621, the ``Prevent Deceptive Census Look Alike
Mailings Act.'' I would like to thank Representative Maloney for
introducing this important piece of legislation.
It is extremely important that we protect the integrity of the
constitutionally mandated United States census and prohibit deceptive
mail practices that attempt to exploit the decennial census. This
legislation is vital because it will set requirements for mail bearing
the term ``census'' on the envelope or outside cover or wrapper.
Protecting the integrity of the Census from fraudulent activity will
ensure that the U.S. Census Bureau is able to gather more accurate
data. Hopefully, this legislation will ease the fears of those afraid
to be scammed and therefore do not respond to the Census. It is
important that the American people are aware that the questions in the
Census survey are used only to produce statistics, and never identify
an individual. The Census Bureau never asks for a full social security
number, money or a donation, requests on behalf of a political party or
requests PIN codes, passwords or similar access information for credit
cards, banks or other financial accounts.
The official U.S. Census is described in Article I, Section 2 of the
Constitution of the United States. It calls for an actual enumeration
of the people every ten years, to be used for apportionment of seats in
the House of Representatives among the states. Besides providing the
basis for congressional redistricting, Census data are used in many
other ways. Since 1975, the Census Bureau has had responsibility to
produce small-area population data needed to redraw state legislative
and congressional districts. Other important uses of Census data
include the distribution of funds for government programs such as
Medicaid; planning the right locations for schools, roads, and other
public facilities; helping real estate agents and potential residents
learn about a neighborhood and identifying trends over time that can
help predict future needs.
According to the PriceWaterHouse report on the 2000 Census, the
Census Bureau has estimated that the Census 2000 undercounted the
actual U.S. population by a net of over three million individuals,
representing an undercount rate of 1.18 percent. I am particularly
concerned about correcting undercounting problems because Harris
County, Texas, which is situated in my district, ranked fourth of the
fifty U.S. counties with the highest number of people living in hard-
to-count
[[Page H1200]]
areas. In fact, 80.5 percent of the population in Harris County lives
in hard-to-count areas. Even more astonishing, Harris County, Texas is
one of eight counties estimated to lose over $100 million each in
federal funds from undercounting in the 2000 Census, according to the
aforementioned Price Waterhouse report.
I urge my colleagues to support this legislation and protect the
integrity of the constitutionally mandated United States census and
prohibit deceptive mail practices that attempt to exploit the decennial
census.
Mr. CLAY. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Missouri (Mr. Clay) that the House suspend the rules and
pass the bill, H.R. 4621, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CLAY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________