Census Data

On May 21, 2001, 16 members of the House Government Reform Committee, led by Reps. Waxman, Wm. Lacy Clay, and Carolyn Maloney, filed suit in federal court in Los Angeles against the Secretary of Commerce. The purpose of the lawsuit was to compel the Bush Administration to release adjusted data from the 2000 census. The lawsuit was brought under the "seven member rule" (5 U.S.C. § 2954), a statute that provides "an Executive agency, on request of the Committee on Government Operations of the House of Representatives, or of any seven members thereof . . . shall submit any information requested of it relating to any matter within the jurisdiction of the committee." The court ruling is the first judicial decision interpreting the seven member rule.

The raw census data released by the Commerce Department missed over six million Americans. For that reason, the Census Bureau prepared a second set of "adjusted" data that was corrected for errors using statistical techniques. Unfortunately, the Commerce Department has refused to release the adjusted data for political reasons. When the Commerce Department used similar techniques as part of the 1990 census, federal courts ordered the data released and rejected claims that information was in any way confidential.

Release of the adjusted data could affect the allocation of more than $185 billion in federal grants. According to the General Accounting Office, the failure to adjust the 1990 census cost California and other states $4.5 billion in federal grant funds. Moreover, the adjusted data could be used by states to increase the accuracy of state and congressional redistricting.

On Jan. 18, 2002, a federal district judge ruled in favor of the 16 minority members of the Government Reform Committee who had filed suit under the seven member rule for disclosure of adjusted data from the 2000 census. On March 25, a federal district judge again ruled in favor of the 16 minority members of the Committee, denying a request for reconsideration by Commerce Secretary Evans.

On Dec. 5, the Commerce Department finally released the adjusted census data to Reps. Waxman, Wm. Lacy Clay, Carolyn B. Maloney, and thirteen other Committee members. Rep. Waxman said, "The Commerce Department should have released the data over a year ago. The new census data is essential to understanding how errors in the census affect federal funding for cities and counties."

Chronology

Thursday, December 05, 2002
Background Documents

- March 25 Ruling Denying Request for Reconsideration
- Dec. 5 Press Release
- Amicus Curiae Brief - House Bipartisan Legal Advisory Group
- Amicus Curiae Brief - House Democratic Leadership
- Plaintiffs' Appellate Brief
- Plaintiffs' Opposition to Reconsideration
- Rep. Waxman's Statement on the March 25 Ruling
- Secretary's Reply in Support of Reconsideration
- Secretary Evans' Appellate Brief
- Summary Judgment Ordering the Release of Census Data
- Secretary's Motion to Dismiss
- Secretary's Reply
- Plaintiffs' Opposition
- Press Release Explaining the Federal Suit
- Complaint for Declaratory and Injunctive Relief
- Letter Concluding the Commerce Dept. Has Decided Not to Respond
- Letter to Secretary Evans Requesting Adjusted Census Data
- Plaintiffs' Motion for Summary Judgment
- Secretary's Motion for Reconsideration