[Congressional Record (Bound Edition), Volume 156 (2010), Part 2]
[House]
[Pages 2887-2890]
[From the U.S. 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

[[Page 2888]]

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 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

[[Page 2889]]

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 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. CONYERS. Mr. Speaker, I rise in support of H.R. 4621, the 
``Prevent Deceptive Census Look Alike Mailings Act,'' and commend 
Representative Maloney for bringing this issue to the Floor. Like my 
colleague from New York, I am concerned about any mailing that could 
cause confusion and impact the response rate in the 2010 Census. 
Because of the importance of the Census, with its count determining 
many important calculations for federal funds and political 
representation, we must make every effort to ensure the integrity of 
the process.
  I believe this legislation will mitigate some of the confusion and 
fraudulence that could cause underreporting, especially among targeted 
populations. The requirement for organizations that include ``Census'' 
on their mailings to provide a disclaimer that they are not writing on 
behalf of the federal government will help our constituents know that 
those materials are not part of the official 2010 United States Census.
  I encourage my colleagues to support this legislation.
  Mr. DAVIS of Illinois. Mr. Speaker, the beginning of March marks the 
one-month process of one of the most important collective actions that 
our country partakes in, the national Census. Thus I want to express my 
support to House Resolution 1096, deeming this month designated as 
Census Awareness Month. The Census provides an opportunity to not only 
count how many people live in our great nation, but to also collect 
valuable data that will help to provide services to millions of 
Americans. According to information collected from the Census, over 
$400 billion per year in federal funding is distributed to State and 
local governments. As a member of the Congressional Black Caucus, I 
want to ensure that all African Americans are counted as the Census has 
significant importance in the black community. The implementation and 
evaluation of programs like the Equal Employment Opportunity Act, the 
Civil Rights Act and the Fair Housing Act are based on Census data. In 
2007 the Black community grew to 40.7 million from 33.5 million in the 
year 2000. Underrepresentation of minorities is the leading cause of 
underfunding programs that these communities utilize the most, such as 
education, health care, housing and transportation programs.
  The myths that further discourage people from participating in the 
Census must be dispelled. The Census is not a long process; there are 
merely 10 questions to answer, making it the shortest Census form in 
history. By law the Census Bureau cannot share individual responses 
with anyone; that includes immigration authorities, IRS, FBI, CIA or 
any other government agency. The U.S. Census preferred method of 
participation is through forms sent through mail and returned through 
mail and Census workers will only visit households that do not return 
their forms. This snapshot of our nation also effects Congress itself;

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the distribution of U.S. House of Representative seats are based on the 
Census. In order to have proportional representation as well as 
programs and funding that directly serve the American people, everyone 
must participate in the 2010 United States Census. Underrepresentation 
of our population must be avoided; thus from March to April, I urge 
everyone to go to www.census.gov to find out more on how you can be 
involved in the 2010 U.S. 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.

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