April 1997
Summary of ACA's Position on
the Census Issue
by Gloria Otto
ACA's aim of having all US citizens residing abroad included
in the 2000 census was presented to the Bureau of Census as
early as 1993. Warren Furth, Associate
Director of ACA, noted the opening of the 1990 census to
members of the Armed Forces and civilian federal employees
and their dependents residing abroad for the purposes of
equitable apportionment of representatives to Congress as
mandated by the Constitution. The only logical conclusion to
be drawn was that since Congress decided in 1976 that ALL
Americans residing abroad are entitled to vote in federal
elections in the States and in the congressional districts in
which they last resided, and since they are treated for the
purpose of congressional elections as if they were residents
of those States and districts, they must, therefore, be
included in the 2000 census.
Private citizens excluded?
Excluding those private US
citizens residing abroad results in a distortion of the
congressional apportionment process. Some states may lose a
representative or representatives because NOT ALL Americans
abroad are counted in the census who vote in those
states. Likewise, should ALL Americans abroad who vote be
accounted for in the census, some states may gain a
representative or more. The Bureau of the Census intends to
once again include federal employees abroad in the
upcoming Census 2000.
House committee testimony endorsement
Concerns for including private Americans abroad center
around "the ability to obtain accurate, comprehensive,
objective, and verifiable information; direction from
Congress; availability of funding; and so forth." Yet in
testimony before the Committee on Government Reform and
Oversight of the House of Representatives by Rep. Tom Petri
and Bruce K. Chapman on February 29, 1996, both warmly
endorsed the inclusion of overseas citizens in the next
census.
- Mr. Chapman stated "...I also understand why
the Bureau must
count illegal
immigrants, even though they may lack reliable addresses and
their stay in this country may be very temporary, indeed.
But shouldn't we also be trying to identify citizens of the
U.S. who happen to be out of the country around the Census
time, but whose names can be found in public records and who
count the United States as home? Isn't their stake in the
country important enough to be reflected in the numbers that
are used, for example, to apportion Congress? "
- Rep. Petri
claimed that "...in this age of travel and global
communications,
however, there are several million who live outside our
borders who are citizens of this country and should
enjoy the
full rights of American citizenship including being counted
in the census. A greater effort could be made to send
census forms to as many of these people as we can
locate, at least on a trial basis in 2000."
Pro bono lawyer services for ACA
ACA obtained the pro bono services of the prestigious
law firm of Cleary, Gottlieb, Steen & Hamilton in order to
develop a
strategy to pursue this important issue further. Ideally,
all Americans residing abroad should be counted in the 2000
census. However, with federal budget constraints the most
realistic proposal is to include those Americans abroad who
can be counted on the basis of certain public state records.
The cost to the federal government would be minimal and the
count, although incomplete, would unquestionably be accurate.
To date, ACA has proposed to the Census Bureau to include in
Census 2000 those private American citizens abroad who obtain
voter registration forms and absentee ballots in response to
a Federal Post Card Registration and Absentee Ballot Request
(FPCA). The information contained in the (possibly slightly
amended) FPCA would be furnished by the states to the Census
Bureau. This would entail at most a minimal federal
expenditure if it reimbursed the states for any expenditure
incurred. The states would have a clear incentive to
provide
the Census Bureau with this information, which, if used
in the
congressional apportionment process, could increase their
representation in Congress. Unfortunately there have
been no
new developments since December 20, 1996.
Newt Gingrich's remarks
The Speaker of the House of Representatives, the Honorable
Newt Gingrich, in an exclusive written interview to ACA
stated, "I understand your concerns about including
Americans overseas in the 2000 census.
The House Committee on
Government Reform and Oversight is in the process of studying
this issue and has begun to have hearings on the matter, as
well as the more general matter of the methodology and
procedures of the 2000 Census. You can be sure that I will
continue to work with Chairman Bill Clinger and his Committee
on this issue."
No taxation without representation
The psychological and political impact of including Americans
abroad in the national censuses cannot be over-estimated.
How can Americans abroad be recognized as a valuable national
asset (economic, political, and cultural) when it is not even
known how many there are? How can the US government address
specific concerns of these Americans when certain statistics
about them are not available? Basic census figures about
them would give Americans abroad greater authority and
credibility with the Administration and Congress. If the
government is able to tax Americans abroad, it should be able
to count them.
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