[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]]

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Part IV





Department of Commerce





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Bureau of the Census



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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]]


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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.

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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.

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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]
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