From the Ashes… The Poe Bill Rises Again

House Committee to Vote on Voluntary American Community Survey Bill Next Week

Census Project Co-Director Terri Ann LowenthalBy Terri Ann Lowenthal

This week, the College Board announced that it would overhaul the dreaded SAT test, to reflect more realistically the knowledge that students acquire in high school and the skills they will need to succeed in college. In that spirit, let me pose a strategic-thinking question:

Let’s say you’re a member of Congress. A committee on which you serve holds a hearing on a bill making response to a unique, irreplaceable and vital government survey voluntary, because the sponsor believes the government has no business collecting data on the characteristics of the nation’s population or households. Every witness at this hearing, other than the bill’s sponsor himself, opposes the bill. Those speaking against the proposal include a conservative think tank, a major housing industry association, and a leading business sector organization from the sponsor’s own home town; other diverse stakeholders submit their objections in writing.

The top agency official responsible for the survey tells your panel that making response optional would have serious, adverse consequences for a data source used by state and local governments, business and industry, transportation planners, school boards, advocates for veterans and people with disabilities, higher education systems, emergency preparedness agencies, community nonprofits — yes, the list goes on and on. He points to a congressionally-mandated field test showing that survey response rates, especially by mail, would plummet, and costs would rise by nearly a third (+$66 million dollars) at a time when Congress is squeezing the agency’s budget. The agency would no longer be able to produce essential demographic, social and economic estimates for less-populous areas of the country, including 41 percent of U.S. counties, small cities, villages, towns, many school districts, neighborhoods and American Indian reservations. “Modern societies rely on accurate statistics, and the ACS is a cornerstone of our country’s statistical infrastructure,” the agency director concludes.

Taking all of this information into account, your next logical step as an elected representative is to:

A: Conclude that the bill is misguided and would not serve the interests of the nation, or even the branch of government of which you are a member.

B: Ask the agency that administers the survey to ensure that it only collects data required to implement federal laws, establish eligibility for formula grants, and allocate federal program funds — all of which Congress directed.

C: Hold a future oversight hearing to explore ways the agency can improve the questionnaire, minimize burden on the public by re-engineering field procedures, and address concerns about privacy in an information-dependent era.

D: All of the above.

E: Two years later, schedule a vote on the bill anyway because, hey, who cares if no one thinks the bill has any merit; we’re Congress, and no one thinks anything we do makes sense! Plus, mid-term elections are around the corner.

If you selected answers “A,” “B,” “C,” or “D,” do not fret. The College Board announced that, as part of its overhaul, it will not penalize wrong answers! But if you still think you deserve credit, you might write to members of the House Committee on Oversight and Government Reform, which will vote next week (Wednesday, March 12) on H.R. 1078, a bill sponsored by Rep. Ted Poe (R-TX) to make response to the Census Bureau’s American Community Survey (part of the decennial census) optional.

And if you’re still looking for irony, consider this: Then-Census Director Robert Groves, testifying before the committee on March 6, 2012, noted that The College Board uses ACS data in their efforts to increase the number of students who graduate from college, especially those from high-poverty communities.

Now, if you’ll excuse me, I’m going to lie down with a cold pack on my forehead (again).

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Editor’s Note: For more information, please read:

 

The Responsibilities of Being American

by Terri Ann Lowenthal

Three lawmakers argued unmindfully,
“We view government surveys unkindly.
Census law shouldn’t force
Us to be a data source,
And we’d rather make policy blindly!”

Okay, maybe I have too much time on my hands. (Plus, I’m trying to get in the St. Patrick’s Day spirit.)

But at a hearing last week, a House subcommittee considered a bill (H.R. 931) to make response to the American Community Survey (ACS) voluntary. The consequences for the collection and publication of useful data about the nation’s economic and social conditions and progress could be catastrophic. And, I would venture, not well considered by the idea’s proponents.

Granted, the millions of Americans not surrounded daily by the wonders of census data are probably saying, “Well, that makes sense!” Who wants to answer a survey with 50+ questions about themselves and their families, their homes and incomes, and their commuting habits? (Most households will never have the honor; the survey is sent to only 3.5 million addresses a year. Even over a five-year period, fewer homes must answer the ACS than were required to answer the census long form it replaced starting with the 2010 Census.)

For starters, all public witnesses at the hearing made strong cases for keeping ACS response mandatory, in order to maintain the quality and usefulness of the vital data we get from the survey. We’re talking about representatives from the conservative American Enterprise Institute, the business-oriented National Association of Realtors and the nonprofit Greater Houston Partnership (the bill’s sponsor is from the Houston area).

I visited Houston’s website. The city boasts a “thriving business economy” and directs people interested in Houston’s business and trade to the Partnership. The economic development group’s lead researcher testified [.pdf] that business decisions “are now data driven” and called the ACS “one of the most important tools in our kit” to attract business investment from around the globe. And why must response to the survey remain mandatory? Because, as the Partnership and other stakeholders pointed out, mail response to a voluntary survey would drop dramatically; to gather enough responses to maintain data quality, the Census Bureau would have to increase the sample size (more households would get the darn survey) and spend more money (30 percent more, tests have shown) to collect data by telephone and in-person visits.

Did someone say more money? Didn’t Congress just whack the Census Bureau’s budget the past two years? Without that unlikely additional funding, economic development agencies across the country can kiss their useful toolkits goodbye. That doesn’t sound like a very pro-business and pro-economic growth strategy to me.

Committee Chairman Darrell Issa (R-CA) and Subcommittee Chairman Trey Gowdy (R-SC) questioned the constitutional authority for gathering any information beyond the number of people in a household, used to divvy up seats in the House of Representatives after each decennial population count. Let me make this easy: Article I, §2, giving Congress responsibility for taking a census “in such Manner as they shall by Law direct,” combined with Article I, §7, giving Congress the authority to make laws.

Laws such as Title 13, U.S.C., §141(a), in which Congress authorized the Secretary of Commerce to conduct the census “in such form and content as he may determine, including the use of sampling and special surveys … the Secretary is authorized to obtain such other census information as necessary” and the related §141(g), defining the ten-year census as one covering “population, housing, and matters relating to population and housing” (all emphasis added). And §182 of the same title (known at the “Census Act”), allowing the Commerce chief to conduct surveys producing “annual and other interim current data” between censuses. Don’t forget §221, requiring people to respond to the census and to annual and interim surveys.

Then there are the hundreds of federal laws allocating almost half a trillion dollars a year (yes, you read that correctly) based directly or indirectly on data from the ACS, to states and localities for education, road improvements, mass transit, physical and mental health services, rural businesses and farm labor housing, affordable housing for the elderly and people with disabilities, economic development, and energy improvements. Did I mention outreach to disabled veterans? (Yes, I’m shameless. But I didn’t pass these laws. Congress did.)

Rep. Ted Poe (R-TX), sponsor of the voluntary ACS bill, is a former judge and prosecutor with a deep interest in preventing and addressing the terrible consequences of crime. In 2008, he noted that the government spends billions of dollars on the criminal justice system. “The cost of crime is not cheap,” the congressman said, “… [but] the price is worth it to ensure order, safety, and appropriate punishment for those who fail to follow the law.” That year, the State of Texas received $32 million in federal taxpayer dollars to help keep communities safe — based on ACS data alone.

Are Chairmen Issa and Gowdy suggesting that Congress made all of these laws, and that the Census Bureau (and its historical equivalents, some of which were temporary committees Congress established every 10 years to oversee the enumeration) gathered information similar to the content of today’s ACS in violation of the Constitution since the first census in 1790? Boy, I sure hope not! Quelle horreur!

Speaking of French, Canada decided to do something similar a few years ago, relegating its census long form to a voluntary survey. The country’s head statistician resigned in protest.

Finally, the privacy concerns. I understand the objection: Government shouldn’t have a right to request personal information. Except maybe our income, which we are required to report to the IRS annually. But the Census Bureau doesn’t have a right to ask about it … anyway, as I was saying … Rep. Gowdy said ACS data might be useful, but Uncle Sam “does not have an overriding state interest to force people to divulge their private matters.”

Fortunately, the Census Bureau does not want a dossier on every American. It does not do anything with your personal answers. It takes our responses and turns them into a statistical portrait of our nation, our states, our cities and communities. To help us understand collectively where we came from and where we are going. If we’re headed into a ditch, I want to know in advance. You know, to prepare. And maybe turn in a different direction.

Yes, we Americans have a right to privacy. But we also have responsibilities. We have a shared history and will have a shared future. I don’t want to live in a country that drifts along without transparent, objective benchmarks to guide it. I want to know that my elected officials have a reason for making the decisions they do. I want my tax dollars aimed at neighborhoods that need and deserve the assistance. I want my city and county to have data that will attract new investment and job opportunities.

I want information that lets me hold my national, state and local government officials accountable. To me, that’s the best part about being an American. But I can’t do that if I don’t do my part. And my neighbors don’t do theirs.