[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Notices]
[Pages 14520-14521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6115]


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DEPARTMENT OF COMMERCE

Bureau of the Census


Decision of the Secretary of Commerce to Release the Tabulations 
of Population Reported to States and Localities Pursuant to 13 U.S.C. 
141(c)

AGENCY: Bureau of the Census, Department of Commerce.

ACTION: Notice.

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SUMMARY: On March 6, 2001, the Secretary of Commerce announced his 
acceptance of the recommendations of the Census Bureau and made a final 
determination that unadjusted data should be used in calculating the 
tabulations of population to be reported to States and localities 
pursuant to 13 U.S.C. 141(c). This notice publishes the Secretary's 
decision memorandum of March 7, 2001, providing the rationale for his 
determination.

FOR FURTHER INFORMATION CONTACT: Alden F. Abbott, Acting General 
Counsel, U.S. Department of Commerce, (202) 482-1328.

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 to conduct the 
decennial census (see U.S. Constitution Art. I, Sec. 2, Cl.3). Included 
in the Census Act is a requirement for the Secretary to report 
tabulations of population to States and localities pursuant to 13 
U.S.C. 141(c).
    To meet this reporting requirement in connection with Census 2000, 
the Secretary decided the appropriate methodology to be used in 
calculating the tabulations of populations to be reported to States and 
localities for redistricting purposes. The procedural framework within 
which the Secretary made his decision is codified at Part 101 of Title 
15, Code of Federal Regulations. Specifically, a committee of senior 
career officials of the Census Bureau reported to the Director of the 
Census. This committee unanimously recommended the release of 
unadjusted data. The Director of the Census forwarded to the Secretary 
of Commerce the committee's report along with the Director's 
concurrence in and approval of the committee's recommendation (66 FR 
14004, March 8, 2001). In addition,

[[Page 14521]]

prominent non-Government statisticians and demographers each 
individually recommended to the Secretary the release of unadjusted 
data.
    On March 6, 2001, the Secretary of Commerce announced his 
acceptance of the Census Bureau's recommendations and determined to 
release unadjusted data to the States for purposes of redistricting. 
Set forth below is the Secretary's decision memorandum of March 7, 
2001, providing the rationale for his determination.

    Dated: March 7, 2001.
Alden F. Abbott,
Acting General Counsel.

Decision of the Secretary of Commerce to Release the Tabulations of 
Population Reported to States and Localities Pursuant to 13 U.S.C. 
141(c)

    As Secretary of Commerce, I have the privilege of overseeing the 
Census Bureau and its decennial census activities. One of those 
activities is the production of population counts for State and local 
redistricting purposes, as required by the Census Act. Section 141(c) 
of the Census Act requires the Secretary of Commerce to complete and to 
report the tabulations of population to each State within one year 
after the decennial census date. For the 2000 decennial census, that 
deadline is April 1, 2001.
    In conjunction with the actual enumeration conducted for the 2000 
census, the Census Bureau also conducted an Accuracy and Coverage 
Evaluation (``A.C.E.'') and performed a detailed Demographic Analysis 
to evaluate the quality of the actual enumeration data. On March 1, 
2001, the Acting Director of the Bureau of the Census, William G. 
Barron, Jr., forwarded to me the report and the recommendations of the 
Executive Steering Committee on A.C.E. Policy (ESCAP) regarding the 
data to be reported to the States as required by Section 141(c). The 
ESCAP was formed in November 1999 to ``advise the Director in 
determining policy for the A.C.E. and the integration of the A.C.E. 
results into the census for all purposes except Congressional 
reapportionment.'' The members of the ESCAP include twelve senior 
career Census Bureau professionals with advanced degrees and/or decades 
of experience in the Federal statistical system. Acting Director Barron 
is a member of the Committee.\1\
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    \1\ The ESCAP is composed of the following employees of the 
Bureau of the Census:
    (i) Deputy Director and Chief Operating Officer; (ii) Principal 
Associate Director and Chief Financial Officer; (iii) Principal 
Associate Director for Program; (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.
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    On October 6, 2000, the Department of Commerce delegated to the 
Director of the Census Bureau 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). This 
action also required the ESCAP to prepare a written report to the 
Director of the Census Bureau with a recommendation regarding the 
methodological decision. The delegation to the Director was revised on 
February 14, 2001, to provide that the Secretary of Commerce would make 
the final decision regarding the reporting of the redistricting data 
after receiving the recommendation, if any, of the Director of the 
Census Bureau, together with the ESCAP's report and the advice of other 
experts.\2\
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    \2\ 66 Federal Register 11231, ``Report of Tabulations of 
Population to States and Localities Pursuant to 13 U.S.C. 141(c); 
Revocation of Delegation of Authority,'' February 23, 2001.
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    After evaluating a wide variety of evidence relating to the 
accuracy of Census 2000, in its March 1, 2001 report, the ESCAP 
recommended that the actual enumeration data be released as the Census 
Bureau's official redistricting data. The ESCAP was unable to conclude 
that data adjusted by use of the A.C.E. methodologies would be more 
accurate than the unadjusted data. The Committee reached these 
conclusions for several reasons:
    1. Demographic Analysis estimates indicated fundamental differences 
with the results of the A.C.E. These differences could not be explained 
within the time available and raised the possibility of an as-yet 
undiscovered problem in the A.C.E. or census methodology.
    2. The Census Bureau evaluations of synthetic error found variable 
results. These variable results indicate that synthetic error could, in 
certain circumstances, affect the results of a comparison of the 
adjusted and unadjusted data.
    3. The Census Bureau also identified potential balancing error that 
indicated a possible upward bias for the A.C.E. undercount estimates, 
the effect of which might be a reduction in the A.C.E.'s net undercount 
estimates.
    Acting Director Barron has advised me that he concurs with and 
approves the Committee's recommendation. In addition, I asked six 
prominent non-Government statisticians and demographers with extensive 
experience and knowledge of the methodologies and issues before the 
ESCAP to review the Committee's report and recommendation. Each of 
these experts also has individually expressed concurrence with the 
Committee's recommendation.
    After considering these views and the ESCAP report, I hereby accept 
the recommendation of both the Acting Director and the ESCAP Committee, 
and determine that the unadjusted census data produced in Census 2000 
be reported to the States pursuant to Section 141(c) of the Census Act 
as the Census Bureau's official redistricting data.

    Dated: March 7, 2001.
Donald L. Evans,
Secretary.
[FR Doc. 01-6115 Filed 3-12-01; 8:45 am]
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