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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States of America his copyrights in all of his unpublished writings in National Archives collections.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.