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1975/12/23 HR1753 Census Enumeration Plans
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1975/12/23 HR1753 Census Enumeration Plans
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The original documents are located in Box 35, folder "12/23/75 HR1753 Census Enumeration Plans" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Digitized from Box 35 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library DEC 23 W/S 23 THE WHITE HOUSE ACTION WASHINGTON Last Day: December 27 December 22, 1975 Colorado Posted 12/23 MEMORANDUM FOR THE PRESIDENT Jo archives FROM: JIM CANNOM he/el SUBJECT: Enrolled Bill H.R. 1753 - Census Enumeration Plans Attached for your consideration is H.R. 1753, sponsored by Representatives White and Runnels, which would authorize State officials to submit to the Secretary of Commerce, not later than three years prior to the decennial census date, plans for identifying the geographic areas for which population tabulations are desired for legislative reapportionment and redistricting purposes. A discussion of the enrolled bill is provided in OMB's enrolled bill report at Tab A. OMB, Max Friedersdorf, Counsel's Office (Lazarus) and I recommend approval of the enrolled bill. RECOMMENDATION That you sign H.R. 1753 at Tab B. OF TWE PRESIDENT EXECUTIVE OFFICE OF THE PRESIDENT OFFICE UNITED OFFICE OF MANAGEMENT AND BUDGET SENTIVE STATE WASHINGTON, D.C. 20503 DEC 22 1975 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 1753 - Census Enumeration Plans Sponsor - Rep. White (D) Texas and Rep. Runnels (D) New Mexico Last Day for Action December 27, 1975 - Saturday Purpose To facilitate the use of Bureau of the Census data by the States for use in legislative redistricting and apportionment. Agency Recommendations Office of Management and Budget Approval Department of Commerce Approval Department of Justice Defer to Commerce Advisory Commission on Intergovernmental Relations No comment Discussion H.R. 1753 would authorize State officials to submit to the Secretary of Commerce, not later than three years prior to the decennial census date, plans for identifying the geo- graphic areas for which population tabulations are desired for legislative reapportionment and redistricting purposes. Apportionment is technically the allocation among States of 435 Representatives, while redistricting is the process of delineating election districts within States. The Secretary would establish criteria for these tabulation plans, including assurances that they have been developed in a nonpartisan manner. These criteria would be transmitted to States not later than April 1 of the fourth year preceding the census 2 date. Furthermore, in an attempt to ensure that current census data would be readily available for redistricting purposes, the Secretary would also be required to complete and transmit to States census tabulations within one year after the census date. Population statistics collected by the Census Bureau have been the principal basis upon which legislative boundaries have been drawn. However, enumeration districts are often too large for the purposes of redistricting and lines of enumeration districts often cross the lines of election precincts, frustrating State efforts to equitably apportion the population. States have also found that census data have been available too late for use in planning new districts. H.R. 1753 would improve Census Bureau assistance to the States by giving them the opportunity to design the strategy to collect population data in their States and to use those data on a timely basis. The Executive Branch has opposed similar legislation in the past three Congresses. However, in a December 5, 1975, letter to the Congress, the Commerce Department reported no objection to the legislation. Several amendments had been made to ameliorate Executive Branch problems. These amendments would: -- authorize the Secretary of Commerce to establish specific criteria for State population enumeration plans. The Senate Committee report states that this could include criteria to insure that State plans do not impose unreasonable costs or techni- cal burdens on the Census Bureau; -- extend from two to three years the time in which the Secretary may review State enumeration plans. In April 1975, Robert Hagan, Deputy Director of the Census Bureau, testified that three years is a "reasonably acceptable time"; and -- increase from eight months to one year the time in which the Census Bureau must complete all tabulations requested by States for redistricting purposes. 3 In its views letter on the enrolled bill, Commerce states that it estimates the cost of implementing this legislation at $5 to $10 million over a period of several years. James Assistant m. Director Trey for Legislative Reference Enclosures DIPARTMENT OF COMMERCE THE UNDER SECRETARY OF COMMERCE Washington, D.C. 20230 UNITED STATES OF AMERICA DEC 1 9 1975 Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Attention: Assistant Director for Legislative Reference Dear Mr. Lynn: This is in reply to your request for the views of this Department concerning H.R. 1753, an enrolled enactment "To amend section 141 of title 13, United States Code, to provide for the transmittal to each of the several States of the tabulation of population of that State obtained in each decennial census and desired for the apportionment or districting of the legislative body or bodies of that State, in accordance with, and subject to the approval of the Secretary of Commerce, a plan and form suggested by that officer or public body having responsibility for legisla- tive apportionment or districting of the State being tabu- lated, and for other purposes. 11 The purpose of H.R. 1753 is to facilitate the use of Bureau of the Census data by the States in legislative redistricting and apportion- ment. The Bureau of the Census is already engaged in setting criteria and consulting with the States concerning their data needs for such purposes. Our action, together with H.R. 1753, should facilitate such use of census data by State and local governments. This Department recommends approval by the President of H.R. 1753. On the basis of present knowledge of State data needs, we estimate the cost of implementing the enrolled bill at $5 to $10 million or approximately 1 to 2 percent of the currently estimated cost of the 1980 census. These costs are expected to be included in the normal appropriation requests for the Bureau of the Census over a period of several years. Sincerely, James A. Baker, Bah III ASSISTANT ATTORNEY GENERAL LEGISLATIVE AFFAIRS Department of Justice Washington, D.C. 20530 December 18, 1975 Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Lynn: In compliance with your request we have examined a facsimile of the enrolled bill, H.R. 1753, providing for the furnishing of census tabulations to certain public officials having reapportionment authority within the States. The Department of Justice defers to the Department of Commerce with respect to whether the enrolled bill should receive Executive approval. Sincerely, Michael M. Whlmann Michael M. Uhlmann Assistant Attorney General Office of Legislative Affairs ADVISORY MORE COMMISSION SION ADVISORY ACIR COMMISSION ON INTERGOVERNMENTAL RELATIONS STATE DEPARTMENT WASHINGTON, D.C. 20575 December 16, 1975 James M. Frey, Assistant Director for Legislative Reference Office of Management and Budget Washington, D.C. Dear Mr. Frey: This is in response to your request for the views of the Advisory Commission on Intergovernmental Relations on enrolled bill H.R. 1753. The Commission has not studies the issues raised in this legislation; hence, we have no formal position to advance regarding it. At the same time, staff wishes to offer the informal view that the measure potentially would help to eliminate one minor point of recurring tension within our Federal system. We appreciate the opportunity to comment on this enrolled bill. Sincerely, D W David B. Walker Assistant Director DBW/1ss J.Com 5:45 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 DEC 22 1975 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 1753 - Census Enumeration Plans Sponsor - Rep. White (D) Texas and Rep. Runnels (D) New Mexico Last Day for Action December 27, 1975 - Saturday Purpose To facilitate the use of Bureau of the Census data by the States for use in legislative redistricting and apportionment. Agency Recommendations Office of Management and Budget Approval Department of Commerce Approval Department of Justice Defer to Commerce Advisory Commission on Intergovernmental Relations No comment Discussion H.R. 1753 would authorize State officials to submit to the Secretary of Commerce, not later than three years prior to the decennial census date, plans for identifying the geo- graphic areas for which population tabulations are desired for legislative reapportionment and redistricting purposes. Apportionment is technically the allocation among States of 435 Representatives, while redistricting is the process of delineating election districts within States. The Secretary would establish criteria for these tabulation plans, including assurances that they have been developed in a nonpartisan manner. These criteria would be transmitted to States not later than April 1 of the fourth year preceding the census Attached document was not scanned because it is duplicated elsewhere in the document 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 1st Session No. 94-456 TABULATIONS OF POPULATION FOR STATE LEGISLA- TIVE APPORTIONMENT OR DISTRICTING SEPTEMBER 5, 1975,-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Ms. SCHROEDER, from the Committee on Post Office and Civil Service, submitted the following REPORT [To accompany H.R. 1753] The Committee on Post Office and Civil Service, to whom was re- ferred the bill (H.R. 1753) to amend section 141 of title 13. United States Code. to provide for the transmittal to each of the several States of the tabulation of population of that State obtained in each de- cennial census and desired for the apportionment or districting of the legislative body or bodies of that State, in accordance with, and sub- jeet to the approval of the Secretary of Commerce, a plan and form suggested by that officer or public body having responsibility for legis- lative apportionment or districting of the State being tabulated, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. Page 2, line 5, strike out "two" and insert in lieu thereof "three". Page 2, line 11, insert immediately after "census date." the follow- ing: Such criteria shall include requirements which assure that such plan shall be developed in a nonpartisan manner and that such plan will result in an equitable method of legislation ap- portionment. Page 2, line 14, strike out "closely" and insert in lieu thereof "to the extent necessary". Page 2, line 17, strike out "thereon" and insert in lieu thereof "with respect to such plan". Page 2, line 17, strike out "close". Page 2, line 21, strike out "the plans" and insert in lieu thereof "any plan". 57-006 2 3 line 24, strike out "the Governor following: of each State: In the past there have been problems in translating the Bureau of Provided, Page 2, beginning however, That" on and insert in lieu thereof the public the Census units of measure-enumeration districts and census tracts bodies the Governor having responsibility for legislative apportionment of the State involved and the officers or or into the political units used by-the states (such as précintetis). Sinde enumeration districts are established to facilitate assignment of census of such State, except that. enumerators to geographic areas, boundaries are determined with 10+ Page districting 3, immediately aftér line 4, add the following new United section: gistical, not redistricting, considerations in mind. In-many instances, enumeration districts are too large to be suitable for redistricting pur- States lowing tabulation table of sections for legislative for chapter 5 of title relating 13, United to SEC. Code, 2.1 (a) is amended by adding at apportionment". the end The heading for section 141 of title thereof 13, the fol- poses. This complicates the task of drawing legislative district lines to court-imposed standards of population equality. Enumeration district boundary lines often cross the boundary lines of local election precincts, so it is difficult to prospective dis- (b) The is amended by striking out the the item following: tricting plans that do not entail revision of precinct boundary lines States section Code, 141 and inserting in lieu thereof a:result disruptive to the overall election process. 141. Population, unemployment, and housing; tabulation Other problems encountered by States have included poor census for legislation apportionment. map quality, inaccurate and inconsistent data, and difficulty in ob- taining census data in time to meet constitutionally imposed reappor- EXPLANATION OF A'MENDMENTS tionment deadlines. amended the bill to make technical changes of and this STATEMENT add The substantive committee langauge has which are explained in the text H.R. 1753 would improve Census Bureau support of legislative re- districting by giving States an opportunity to design their own build- report. PURPOSE ing blocks for redistricting purposes, subject to technical constraints H.R. 1753 is to facilitate the use of redistricting Bureau of and the and criteria established by the Bureau of the Census. Census The purpose data by of the States for use in legislative The bill proposes the addition of a new subsection (c) to section 141 of title 13, United States Code. The new subsection: authorizes apportionment. State authorities to submit, not later than 2 years prior to the decennial COMMITTEE ACTION census date, a plan identifying the geographic areas for which popula- 1753 was ordered reported by the committee the Subcommittede on July 35,1975, tion tabulations are desired for legislative redistricting or reapportion- by a unanimous Population held hearings OR the bill on on June H.R. voice vote. Prior to that action, April 1975 ment purposes. To assure that these plans do not impose impossible or unreasonable workloads on the Census Bureau from either a tech- Census (No. 94-24), and and reported the bill to the full committee nical or a cost standpoint, the bill requires that they be designed in accordance with criteria set forth by the Secretary of Commerce and 1975, bya unanimous voice vote. provided to the States by January 1 of the fourth year preceding the BACKGROUND census. If a State submits a plan which does not conform to these criteria, the bill requires consultation to resolve the differences. The for State legislative districts are based redistricting on informa- Secretary of Commerce may alter the plan to bring it into conformance tion obtained begins with the development of prospective entails divid- Boundary lines during each Federal decennial census The districting with the established criteria. The Secretary is required to produce population tabulations for the procedure using the building block approach. This approach size. and then aggre- areas identified in approved State plans as expeditiously as possible, plans ing the State into areas building of known blocks, population to form one approach or more sets Vields of but not later than 1 year after the census date. Authority to submit a State plan in accordance with the bill's pro- gating these legislative areas, or districts. The building block necessity since devia- visions is vested in "the officers or public bodies having initial responsi- prospective districts of known population size-a choosing one bility for the legislative apportionment or districting" of that State. prospective tions in district population are a prime consideration in For purposes of the bill; the committee deems this "initial responsi- bility" to rest with that authority which, under State law, must ap- prospective plan 1970 over decennial another. census, nearly all States utilized blocks census in prove a legislative redistricting or reapportionment plan as the first enumeration redistricting efforts. Until block data for urbanized the census, Followng the districts or combinations thereof as the building areas is step toward its eventual adoption. It is important that State officials or the public bodies responsible for legislative apportionment and their sometimes a year or two after the taking of for which the redistricting understand the great amount of advance planning that enumeration available, districts are the only geographic areas goes into the preparation for a decennial census. For example, the Bureau of the Census provides population counts. Bureau begins to finalize enumeration districts two and one-half years before the decennial census is taken. The committee encourages such H.R. 456 H.R. 456 4 authorities to submit their plans well in advance of the deadline im- 5 posed by the legislation SO that the Bureau of the Census can integrate the plan into the census geographical system. State legislature would, thereafter, utilize such population data in es- There are a few States which conduct their elections in odd num- tablishing the statutory plan of legislative apportionment. bered years. It is necessary for those States to receive information Section 2 is a technical amendment adding a description of subsec- relating to legislative apportionment as soon as possible after the tion (c) of section 141 of title 13, United States Code, as amended by compilation of census data. In the past, the Bureau of the Census has section 1 of H.R. 1753, to the index provisions of title 13. cooperated with these States and has supplied this information to them on a priority basis. It is the committee's understanding that the Bureau COSTS will continue this policy. The committee emphasizes that in recommending this legislation, At this time it is not possible to provide a reliable estimate of the it does not wish to discourage States from entering into other forms additional cost to the Government that would result from the enact- of lawful negotiations or agreements intended to improve Bureau of ment of H.R. 1753. The amount of the cost will depend on several the Census support of the legislative redistricting efforts. factors which are unknown at this time-(1) what constraints the As introduced, H.R. 1753 required State governments to submit their Secretary of Commerce will choose to impose in the initial criteria to plans to the Bureau of the Census at least 2 years prior to the decennial be furnished to the States: (2) how many States will choose to submit census. The committee adopted an administration-proposed amend- tabulation plans, and (3) the nature of the submitted plans. It clearly ment to extend this leadtime to 3 years SO that the Bureau will have ade- is the intent of the Committee, however, that the Secretary of Com- quate time to adopt and assimilate all State plans into the census merce take such steps as are necessary, through issuance of criteria program. pursuant to authority granted him by the bill, to assure that the cost The committee has also adopted an amendment to insure that the of the State plans remains reasonable. criteria established by the Bureau of the Census for adopting such The Committee wishes to stress that maps and other information plans and applying them to census activities will be conducted in a provided by States in describing the boundary lines of areas for which nonpartisan manner designed to achieve an equitable apportionment they desire tabulations will likely be useful to the Census Bureau in plan. Other technical changes in the wording of the bill as introduced specifying boundary lines for other required area tabulations. Also have been made which do not make substantive changes in the bill. to be considered are savings that will accrue to the States, both in terms of dollars and convenience, as a result of having data more suitable for SECTIONAL ANALYSIS redistricting purposes, Section 1 authorizes officials of State governments having responsi- COMPLIANCE WITH CLAUSE 2(1) (3) OF RULE XI bility for the apportionment of the population of the State for the purpose of electing representatives to submit a plan to the Secretary of Commerce identifying geographic areas for which the State desires to Rules of the House of Representatives- With respect to the requirement of clause (1) (3) of Rule XI of the have specific population tabulations. The plans shall be submitted to (1) the Subcommittee on Census and Population is vested under the Secretary 3 years prior to the decennial census. committee rules with legislative and oversight jurisdiction and The plans submitted by each State shall conform to criteria estab- responsibility over the subject matter of H.R. 1753 and made no lished by the Secretary, shall be developed in a nonpartisan manner, specific findings and recommendations in connection with its over- and designed to produce an equitable legislative apportionment. The sight responsibilities during the hearings on the subject matter in H.R. 1753; Secretary shall have the authority to require changes in any plans he determines is not in compliance with the criteria. He shall have the final (2) the measure does not provide new budget authority or new authority to revise such plans if the alterations developed by the State the Congressional Budget Act of 1974, and thus a statement re- or increased tax expenditures within the meaning of section 3 of are unacceptable to him. The Secretary shall complete and submit to the President of the quired by section 308 (a) of that act is not necessary; United States the resulting tabulation of population for transmittal to the Governors and appropriate officials of the legislature of the the committee from the Director of the Congressional Budget (3) no estimate and comparison of costs has been received by States as soon as possible, but in any case, not later than 1 year after the Office, 1974; and pursuant to section 403 of the Congressional Budget Act of census date. The plan proposed by the bill would permit appropriate State offi- cials to submit requests to the Secretary not later than April 1, 1977, mendations arrived at pursuant to clause 2(b) (2) of Rule X. on Government Operations of oversight findings and recom- (4) the committee has received no report from the Committee requesting specific population tabulations for geographic areas within the State. Following the census of 1980, the Secretary would submit to the President and the President would transmit to the States the results INFLATIONARY IMPACT STATEMENT of this particular aspect of the census not later than April 1, 1981. The H.R. 456 H.R. Representatives, the committee has concluded that the enactment of of Pursuant to clause 2(1) (4) of Rule XI of the Rules of the House 1753 will have an insignificant inflationary impact. H.R. 456 6 7 ADMINISTRATION VIEWS (now the National Conference of State Legislatures) to jointly ob- tain a more comprehensive understanding of needs and problems. Following are letters from the Office of Management and Budget The Reapportionment Committee prepared a set of ten recommenda- and the Department of Commerce on H.R. 1753. tions which was adopted by the Conference at its annual meeting in August 1974; a copy of these recommendations has, I understand, been EXECUTIVE OFFICE OF THE PRESIDENT, transmitted to your Committee. After the Conference's approval of the OFFICE OF MANAGEMENT AND BUDGET, Washington, D.C., March 27, 1975. recommentations, the Reapportionment Committee began to discuss matters of implementation and, at a meeting attended by Bureau of Chairman, Committee on Post Office and Civil Service, House of D.C. Rep- Hon. DAVID N. HENDERSON, the Census personnel, plans were initiated, for example, to (1) under- take a program of meetings with the appropriate officials of each state resentatives, Cannon House Office Building, Washington, to ascertain the particular state's needs and (2) develop model state MR. CHAIRMAN: This is in reply to your request for the bill views "To legislation for the purpose of having each state designate one office DEAR the Office of Management and Budget on H.R. 1753, a for the responsible for providing the Census Bureau with the maps and re- of amend section 141 of title United States Code, to provide lated geographic information required for the enumeration and prep- transmittal to each of the several States of the tabulation of popula- for aration of the state's reapportionment/redistricting population counts. tion the apportionment or districting of the legislative body or the Sec- of that State obtained in each decennial census and desired bodies of We have been advised by the Office of Management and Budget that there would be no objection to the submission of our report to the that State, in accordance with, and subject to the approval of pub- Congress from the standpoint of the Administration's program. of Commerce, a plan and form suggested by that officer district- or Sincerely, retary lic body having responsibility for legislative apportionment or KARL E. BAKKE, ing of the State beingtabulated, and for other purposes." General Counsel. For reasons expressed in the report of the Department of Commerce feels H.R. to Committee, the Office of Management and Budget 1753 your is unnecessary and would be opposed to its enactment. DEPARTMENT OF COMMERCE, Washington, D.C., May 16, 1974, Sincerely, JAMES F. C. HYDE, JR., Hon. THADDEUS J. DULSKI, Acting Assistant Director for Legislative Reference. Chairmah, Committee on Post Offices and Civil Service, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: This is in further reply to your request for the views of this Department on H.R. 13340, a bill "To amend section GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE, 141 of title 13, United States Code, to provide for the transmittal to Washington, D.C., April 3, 1975. each of the several States of the tabulation of population of that Hon. Chairman, DAVID Committee N. HENDERSON, on Post Office and Civil Service, House of Rep- State obtained in each decennial census and desired for the appor- tionment or districting of the legislative body or bodies of that State, resentatives, Washington, D.C. in accordance with, and subject to the approval of the Secretary of MR. CHAIRMAN: This is in reply to your request for the of views title Commerce, a plan and form suggested by that officer or public body of this United States Code, to provide for the transmittal to each obtained DEAR Department on H.R. 1753, a bill "To amend section 141 of the having responsibility for legislative apportionment or districting of the State being tabulated, and for other purposes." 13, States of the tabulation of population of that State district- As stated by Mr. Vincent P. Barabba, Director of the Bureau of several each decennial census and desired for the apportionment or with, the Census in the hearings before the Subcommittee on Census and in of the legislative body or bodies of that State, in accordance a plan and Statistics in November 1973, the Department of Commerce does not ing to the approval of the Secretary of Commerce, for believe that legislation is now necessary on the matter of providing and subject suggested by that officer or public body having responsibility tabulated, decennial census population tabulations for the purpose of reappor- legislative form apportionment or districting of the State being tioning/redistricting State legislative bodies. We recognize this pur- pose as one of the major uses of the census results and we are now and for other purposes." aware, this bill is the same as H.R. 13340 which the action. House working closely with the National Legislative Conference to ascertain you are November 18, 1974, but on which the Senate took no 16, 1974, the broad range of needs SO that an optional program can be developed passed views on on H.R. 13340 were expressed in the letter of May Counsel for the 1980 census. At this time. however. needs in terms of both Our Dulski from Mr. Parrette. then Acting General as content and timing are not fully clarified. Furthermore, the ongoing to (copy Chairman enclosed). Our views on H.R. 1753 are generally the same research efforts mav disclose unanticipated needs and considerations which mav he especially important in relation to the time deadlines those set out last in May, the May we have 16, 1974, continued letter. to work closely with Conference the Re- stated in the bill. apportionment Since Committee of the National Legislative H.R. 456 H.R. 456 9 8 CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED There is one aspect of H.R. 13340 to which we must take strong exception; namely, the target date for submittal of the State plans In compliance with clause 3 of Rule XIII of the Rules of the House to the Secretary (page 2, line 5). The date of "two years prior to the of Representatives, changes in existing law made by the bill, as re+ census date" is not satisfactory. This timing appeared in H.R. 9290; an earlier version of the-present bill, and Mr. Barabba commented on law in which no change is proposed is shown in roman) ported, are shown as follows (new matter is printed in italic, existing it as follows, in the aforementioned Committee hearings (Hearings, page 22) : "The geographic preparations for the decennial census TITLE 13, UNITED STATES CODE proceed on a longer time schedule and especially because of the added workeresulting from H.R. 9290, the 2+year period is clearly insufficient. The geographic preparation for a census is vital to its success and H.R. 9290, as presently constituted, would endanger those prepara- Chapter 5.-Censuses tory operations." In a later version, H.R. 11869. the timing was changed to three years, a reásonably acceptable date. The move back to two years in the pres- Subchapter II-Population, Housing, Agriculture, Irrigation, ent bill reopens this extremely important issue. H.R. 13340 creates a Drainage, and Unemployment very clear possibility that the Bureau can find itself, on April 1, 1978; seeing for the first time the detailed plans of a large number of States. 141. Population, unemployment, and housing; tabulation for legisla- These plans would have to be reviewed, departures from the criteria tive apportionment. identified, and the necessary alterations worked in "close" consul- tation (page 2, line 14) with the State officials. The time pressures 142. Agriculture, irrigation, drainage. * would then be intense since, after a particular plan is finally approved, it has to be carefully integrated into the existing standard geographic system. For the Bureau, such time pressures can translate into the Subchapter II-Population, Housing, Agriculture, Irrigation, highly unsatisfactory situation of increased errors in the geographic Drainage, and Unemployment system, For the States, such time pressures can translate into inade- quate consideration by the Bureau of their individual needs because the 141. Population, apportionment unemployment, and housing; tabulation for legislative Bureau will obviously have to curtail drastically the scope and timing of consultation. after, take a census of population, unemployment, and housing years (in- (a) The Secretary shall, in the year 1960 and every ten there- However, even if the two-year timing in H.R. 13340 were changed back to the three years, we should like to emphasize our firm belief shall cluding utilities and equipment) as of the first day of April, which that legislation is premature now and may turn out to be unnecessary be known as the census date. when the needs and possibilities are fully determined. The cost of H.R. 13340 cannot be closely estimated at this time be- dent of the census date and reported by the Secretary to the Presi- months the apportionment of Representatives shall be completed within eight (b) The tabulation of total population by States as required for cause the dimensions of the new data product will not be determined until later in the decade. For example, we do not yet know what pòpu- of the United States. lation statistics all the States really need for legislative redistricting, what general criteria will be' established to systematize the product than legislative three apportionment or districting of each State not for later (c) The officers or public bodies having initial responsibility the among the various States, what output will finally be decided upon as feasible and useful for each State, and in what form (s) the data will population identifying the geographic areas for which specific tabulations a plan years prior to the census date, submit to the may, Secretary be delivered. ance with are desired. Each such plan shall be developed in accord- of Considering that an additional workload. and product are likely to such criteria established by the Secretary, which he shall for every one of the 50 States, even an incremental expense averaging manner and assure that such plan shall be developed in a require- ments year preceding which the census date. Such criteria shall include officers or public bodies not later than J anuary 1 of the furnish fourth just $25,000 per State will mean a total cost of over one million dollars. It appears more likely that the total cost will be several million dollars or, in relative terms, an increase of perhaps one or two percent in the lative that such plan will result in an equitable method nonpartisan entire budget for the 1980 decennial census. We have been advised by the Office of Management and Budget that by him, he shall consult to the extent necessary with such established by such officers or public bodies does not meet the criteria submitted apportionment. Should the Secretary find that a plan of legis- there would be no objection to the submission of our report to, the Con; gress from the standpoint of the Administration's program. Sincerely, with necessary to bring it into accord with such criteria. Any issues he public deems bodies in order to achieve the alterations in such plan officers that or BERNARD V. PARRETTE, respect to such plan remaining unresolved after such consulta- Acting General Counsel H.R. 456 H.R. 456 10 tion shall be resolvediby the Secretary, and in all cases he shall have final authority for determining the geographic format of such plan. Tabulations of population for the areas identified in any. plan ap- proved. bas the Secretary shall. be completed by him as, expeditionsly as possible after the oensus date and reported to the President of the United States for transmittal to the Governor of the State involved and the officers or public bodies having responsibility for legislative ap- portionment or. districting of suck States. except that such tabulations of population of each State shall, in any event, be completed, reported and transmitted to each' respective State within one year after the census date. H.R. 456 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 1st Session No. 94-567 CONSIDERATION OF H.R. 1753 OCTOBER 21, 1975.-Referred to the House Calendar and ordered to be printed Mr. MATSUNGA, from the Committee on Rules, submitted the following REPORT [To accompany H. Res. 796] The Committee on Rules, having had under consideration House Resolution 796, by a nonrecord vote reports the same to the House with the recommendation that the resolution do pass. 57-008 Calendar No. 518 94TH CONGRESS SENATE REPORT 1st Session No. 94-539 TABULATIONS OF POPULATION FOR STATE LEGISLA- TIVE APPORTIONMENT OR DISTRICTING DECEMBER 11, 1975.-Ordered to be printed Mr. McGEE, from the Committee on Post Office and Civil Service, submitted the following REPORT [To accompany H.R. 1753] The Committee on Post Office and Civil Service, to which was re- ferred the bill (H.R. 1753) to amend section 141 of title 13, United States Code, to provide for the transmittal to each of the several States of the tabulation of population of that State obtained in each decen- nial census and desired for the apportionment or districting of the legislative body or bodies of that State, in accordance with, and sub- ject to the approval of the Secretary of Commerce, a plan and form suggested by that officer or public body having responsibility for legislative apportionment or districting of the State being tabulated, and for other purposes, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE The purpose of H.R. 1753 is to direct the Secretary of Commerce to enter into agreements with the authorized officials or bodies of the sev- eral States responsible for legislative redistricting and apportionment, SO as to ensure that the census data collected by the Bureau of the Census can be made readily available to those officials or bodies in a form that is useful in the execution of their responsibilities. BACKGROUND The Constitution of the United States is explicit in its requirement that the United States House of Representatives be apportioned upon the basis of a decennial enumeration. This scientific approach to Re- publican government was generally assumed to apply to the legislative bodies of the States as well, and indeed some States established their own censuses to assist them in the periodic reapportionment of their 57-010 2 3 doned and the courts refused to act upon complaints of unfairness be- volved in redistricting legislative boundaries caused them to be aban- legislatures. Yet in all too many cases, the extraordinary efforts in- assignment of enumerators, and have disregarded any ulterior use such as that intended by States. cause they were apparently "nonjusticiable questions." Consequently, in many instances, enumeration districts were found cal tue its ruling in the case of Baker V. Carr, reinterpreted the "politi- However, of in 1962, the Supreme Court of the United States, by vir- to be too large for purposes of redistricting. Moreover, the boundary lines of the enumeration districts crossed the lines of local election Courts question" doctrine in considerable degree and opened the Federal precincts, frustrating efforts to redesign districts without also totally districts. to voter complaints founded on unequally populated revising precinct boundaries. In some instances, enumeration districts handed Six decisions, ensuing from this reinterpretation, voting are composed of two or more pieces of noncontiguous territory, an the down by the Court on June 15, 1964 requiring the alteration were of obvious nuisance to redistricting efforts which eighty-eight percent of election district for virtually all the legislative bodies in the the respondents to the National Legislative Conference's reapportion- United States. In Reynolds V. Sims, the Court wrote: ment survey agreed should be eliminated. Other difficulties encountered by the States have included census Protection Clause (14th Amendment) requires that the seats We hold that, as a basic constitutional standard, the Equal data release dates too late for effective use in reapportionment (par- in both houses of a bicameral-stat legislature must be ticularly with respect to the more detailed and invaluable block data), tioned on a population basis. Simply stated, an individual's appor- poor quality census maps, and sometimes inaccurate and inconsistent right to vote for state legislators is unconstitutionally im- statistics. STATEMENT paired when its weight is in a substantial fashion diluted of the State. when compared with the votes of citizens living in other parts H.R. 1753 would improve Census Bureau assistance to the States by giving them an opportunity to participate in the designing of a strat- The Court went on to require that each State, egy to collect population data within their own boundaries for re- * districting purposes, subject to the technical restraints and criteria make an honest and good faith effort to construct dis- set forth by the Bureau of the Census. tricts, in both houses of its legislature, as nearly of equal To accomplish this, the bill proposes to add a new subsection (c) ulation as is practicable. We realize that it is a practical pop- im- to section 141 of title 13, United States Code. The new subsection possibility to arrange legislative districts SO that each one has authorizes State authorities to submit, not later than three years prior an identical number of residents, or citizens, or voters. Mathe- to the decennial census date, a plan identifying the geographic areas matical exactness or precision is hardly a workabble constitu- tional requirement. for which population tabulations are desired for legislative reappor- tionment and redistricting purposes. In order to ensure that these Since the time of the Court decisions, countless hours have been plans do not impose an unreasonable or impossible burden upon the levels in an effort to fairly and properly devise legislative boundaries spent by State legislatures and courts at both the State and Federal Census Bureau in terms of cost or technical ability, H.R. 1753 requires that the State plans be designed in accordance with criteria set forth on the basis of population equity. Data collected by the Census Bureau by the Secretary of Commerce, such criteria to be provided to the made. has been the principal basis upon which these decisions have been States not later than April 1 of the fourth year preceding the census date. Any plan submitted by a State which does not conform to these Yet, in numerous instances, the Census data has been ill-suited criteria will be the subject of consultation between the Secretary and boundaries. A survey conducted by the National Legislative Confer- the needs of those State bodies responsible for redefining political to appropriate officers of public bodies in order to resolve the differ- ences. In any event, the Secretary shall retain final authority in deter- ence's of Reapportionment Committee revealed that nearly fifty percent mining the geographic format of such a plan. the respondents had major difficulties in attempting to resolve To ensure the timely delivery of census data for redistricting or flicts between census units and precinct boundaries during the 1970 con- reapportionment purposes, the bill requires the Secretary of Com- reapportionment/redistricting cycle. merce to produce and deliver population tabulations collected in ac- is employed by the Bureau of the Census to encompass an area-sufficient The principal census unit involved is the enumeration district which cordance with approved State plans as expeditiously as possible. but in any event, such data shall be completed and transmitted to each seeks to equalize the time and effort required by census enumerators to comprise approximately 1,000 persons. By this standard, the Bureau respective State within one year of the census date. This committee wishes to reemphasize the request of the States made to complete their task on the census date. bv the House Committee on Post Office and Civil Service, that those Because enumeration districts represent a population standard officers or bodies responsible for legislative reapportionment and re- an identifiable geographic area, most States have utilized these units over districting appreciate the great amount of advance time needed in districts to form approximately equal election districts of known in the course of redistricting by using or combining enumeration planning and preparing for the decennial census and that they submit their plans well in advance of the deadline of three years prior to the population size. But enumeration districts were originally intended to census date as required in this legislation. The States must recognize overcome logistical problems in the completion of the census and that the indeterminate cost of this bill lies in large part with them S.R. 539 S.R. 539 4 5 and that such costs could be greatly increased were the Bureau forced to undergo extraordinary efforts in order to assimilate State plans in quired tary in Commerce which could go far to limit the expenditures Secre- limit of expenditures such as: (1) the criteria furnished by the the closing days prior to the deadline. The committee is confident the States will dedicate in time and willing cooperation an effort equal to that required of the Bureau of the Census by this legislation. nature of the offered by the States in carrying out this legislation; co- operation time and money of the Bureau of the Census; (2) the re- thirty many States will participate in the program, inasmuch evident how plans offered by the States. Moreover, it is not (3) the SECTIONAL ANALYSIS Section 1 authorizes those officers of public bodies having initial ceived in its reapportionment survey indicated the data Conference percent of the responses received by the National Legislative as some responsibility for the legislative apportionment or redistricting of each work. This from the 1970 Census presented only minor problems they in re- State to submit a plan to the Secretary of Commerce which identifies those geographic areas desired for specific population tabulation. For fail to make coupled with the likelihood that some States will simply their The the effort could reduce significantly the purposes of this law, officials or bodies having "initial responsi- the census Census strategy for the collection of data is a constant an adequate committee would also note that the development participation. of bility" for apportionment and districting should be understood to mean those upon whom State law places responsibility for approving lines for 1753 will be useful to the Bureau in specifying accordance with H.R. Bureau and believes that the plans developed requirement in of a legislative redistricting or reapportionment plan as the first step in its eventual adoption. Plans shall be submitted to the Secretary at least three years prior could demographic data collected along political boundary researchers; lines it seeming that and use by political scientists and social public distribution suggest Bureau consider preparing these tabulations for also the other required area tabulations. The committee would boundary to the Census date. Such plans will be devised by the States in accord- ance with criteria established by the Secretary, to be provided to the States not later than April 1 of the fourth year preceding the census. as well provide an unequaled basis for political analysis in the future, It shall also be the Secretary's responsibility to ensure that the criteria as a source of revenue to offset some of the costs of the bill. he develops will contain requirements sufficient to preclude the develop- ment of plans in a partisan manner. COMMITTEE ACTION If the Secretary should receive any State plan which fails to meet the standards he has established, he shall consult with the responsible by On the December Committee 11, without 1975, H.R. objection. 1753 was ordered unanimously reported officials or bodies to the extent necessary in order to bring the plan into accordance with his criteria. The Secretary is empowered to re- solve any issue concerning the plan which remains in dispute and shall AGENCY VIEWS have final authority to define the geographic format of the plan. As quickly as possible, the Secretary of Commerce shall transmit the population data for those areas identified in the approved State plans to the Governor of the State involved as well as the officers or public turned November 12, 1975, no report or comment had been and re- merce, Budget on Department of Justice and the Office of Management of Com- While the agency views were requested of the Department bodies responsible for apportionment or districting. In any event, this to the Committee by the date of the business session. data will be delivered within one year of the census. Section 2 of H.R. 1753 is a technical amendment adding a descrip- CHANGES IN EXISTING LAW tion of subsection (c) to the heading and index referring to section 141 of title 13, United States Code, in order to account for those posed is are shown as follows (existing law in which no change is as re- ported Senate, changes in existing law made by the bill Standing Rules In compliance of the with subsection 4 of rule XXIX of the changes in law made by section 1 of this bill. enclosed in shown in roman; existing law proposed to be omitted pro- is COSTS black brackets; new matter is shown in italic) In a letter dated May 16, 1974, to the then Chairman of the House Post Office and Civil Service Committee, Rep. Thaddeus J. Dulski, TITLE 13, UNITED STATES CODE the acting General Counsel for the Department of Commerce, Bernard V. Pakkette, suggested that, "considering that an additional workload and product are likely for every one of the 50 States, even Chapter 5.-Censuses an incremental expense averaging just $25,000 per State will mean a total cost of over one million dollars. It appears more likely that the total cost will bei several million dollars of, in relative terms, an in- Subchapter II-Population, Housing, Agriculture, Irrigation, crease of perhaps one or two percent in the entire budget for the 1980 Drainage, and Unemployment decennial census." The committee wishes to point out, however, that the cost of this 141. Population, lative unemployment, and housing; tabulation for legis- apportionment. legislation remains undeterminable at this point. Several factors could 142. Agriculture, irrigation, drainage. S.R. 539 S.R. 539 6 SUBCHAPTER II-POPULATION, HOUSING, AGRICUL- TURE, IRRIGATION, DRAINAGE, AND UNEMPLOY- MENT § 141. Population, unemployment, and housing; tabulation for legislative apportionment (a) The Secretary shall, in the year 1960 and every ten years there- after, take a census of population, unemployment, and housing (in- cluding utilities and equipment) as of the first day of April, which shall be known as the census date. (b) The tabulation of total population by States as required for the apportionment of Representatives shall be completed within eight months of the census date and reported by the Secretary to the Presi- dent of the United States. (c) The officers or public bodies having initial responsibility for the legislative apportionment or districting of each State may, not later than three years prior to the census date, submit to the Secretary a plan identifying the geographic areas for which specific tabulations of population are desired. Each such plan shall be developed in accord- ance with criteria established by the Secretary, which he shall furnish to such officers or public bodies not later than April 1 of the fourth year preceding the census date. Such criteria shall include require- ments which assure that such plan shall be developed in a nonpartisan manner. Should the Secretary find that a plan submitted by such officers or public bodies does not meet the criteria established by him, he shall consult to the extent necessary with such officers or public bodies in order to achieve the alterations in such plan that he deems necessary to bring it into accord with such criteria. Any issues with respect to such plan remaining unresolved after such consultation shall be resolved by the Secretary, and in all cases he shall have final au- thority for determining the geographic format of such plan. Tabula- tions of population for the areas identified in any plan approved by the Secretary shall be completed by him as expeditiously as possible after the census date and reported to the Governor of the State in- volved and the officers or public bodies having responsibility for legis- lative apportionment or districting of such State, except that such tabulations of population of each State requesting a tabulation plan, and basic tabulations of population of each other State, shall, in any event, be completed, reported and transmitted to each respective State within one year after the census date. S.R. 539 H. R. 1753 Ainety-fourth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Tuesday, the fourteenth day of January, one thousand nine hundred and seventy-five An Act To amend section 141 of title 13, United States Code, to provide for the trans- mittal to each of the several States of the tabulation of population of that State obtained in each decennial census and desired for the apportion- ment or districting of the legislative body or bodies of that State, in accord- ance with, and subject to the approval of the Secretary of Commerce, a plan and form suggested by that officer or public body having responsibility for legislative apportionment or districting of the State being tabulated, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 141 of title 13, United States Code, is amended by adding at the end thereof the following new subsection: "(c) The officers or public bodies having initial responsibility for the legislative apportionment or districting of each State may, not later than three years prior to the census date, submit to the Secretary a plan identifying the geographic areas for which specific tabulations of population are desired. Each such plan shall be developed in accord- ance with criteria established by the Secretary, which he shall furnish to such officers or public bodies not later than April 1 of the fourth year preceding the census date. Such criteria shall include require- ments which assure that such plan shall be developed in a nonpartisan manner. Should the Secretary find that a plan submitted by such officers or public bodies does not meet the criteria established by him, he shall consult to the extent necessary with such officers or public bodies in order to achieve the alterations in such plan that he deems necessary to bring it into accord with such criteria. Any issues with respect to such plan remaining unresolved after such consultation shall be resolved by the Secretary, and in all cases he shall have final authority for determining the geographic format of such plan. Tab- ulations of population for the areas identified in any plan approved by the Secretary shall be completed by him as expeditiously as pos- sible after the census date and reported to the Governor of the State involved and the officers or public bodies having responsibility for legislative apportionment or districting of such State, except that such tabulations of population of each State requesting a tabulation plan, and basic tabulations of population of each other State, shall, in any event, be completed, reported and transmitted to each respec- tive State within one year after the census date.". H. R. 1753-2 SEC. 2. (a) The heading for section 141 of title 13, United States Code, is amended by adding at the end thereof the following: "; tabulation for legislative apportionment". (b) The table of sections for chapter 5 of title 13, United States Code, is amended by striking out the item relating to section 141 and inserting in lieu thereof the following: "141. Population, unemployment, and housing; tabulation for legislative apportionment.". Speaker of the House of Representatives. Vice President of the United States and President of the Senate. 6 December 16, 1975 Dear Mr. Director: The following bills were received at the White House on December 16th: S. 2757 < H.R. 1753 < H.R. 2110 H.R. 4865 H.R. 6642 H.R. 7976 H.R. 10647 Please let the President have reports and recommendations as to the approval of these bills as soon as possible. Sincerely, Robert D. Linder Chief Executive Clerk The Honorable James T. Lynn Director Office of Management and Budget Washington, D. C.