By Larry Jones
December 9, 2002

The Justice Department decided November 22 not to appeal a 9th U.S. Circuit Court of Appeals decision ordering the Bush administration to release the adjusted census data which will show the Census Bureau's estimate of how many people were missed in every city and neighborhood in the nation during the 2000 census. Before the 2000 census count, officials at the U.S. Census Bureau were convinced that the accuracy of the census could be improved by employing a scientific technique called "statistical sampling," which involved identifying and correcting errors in the census count.

In conducting the 2000 census, Bureau officials used a quality-check survey to identify where over and under counting occurred. Based on the survey results, Bureau officials estimated that a net total of 3.2 million people were missed nation-wide during the 2000 census. They then developed adjusted data for every state, county, city and neighborhood. But after comparing the adjusted data with other vital records, Bureau officials concluded that the data contained too many errors and decided against releasing such data.

This decision disappointed a number of city, county and state officials who were unsatisfied with the Bureau's raw head count for their areas because they believed many people had been missed and that their population totals should be adjusted to correct for undercounting. Since last year many state and local officials have been seeking access to the adjusted data and it now appears the data will be released by December 6. If so, they will finally have the opportunity to examine the validity of the data for themselves. As soon as the data are released, the Conference plans to analyze how cities are affected.

The case that led to the decision was initiated by two Oregon state legislators who filed the law suit under the Freedom of Information Act to gain access to the adjusted census data after the Bureau refused their request. Attorneys for the administration had argued for an exception to the FOIA, but the Court rejected their request and held that the public is entitled to see the Census Bureau figures adjusted by statistical sampling.

Although the Supreme Court has made it clear that the adjusted data may not be used for reapportioning the 435 seats of the U.S. House of Representatives among the several states, it has left open the possibility for using these data for redrawing state and local districts and for the allocation of federal funds. Some state laws allow legislatures to choose between adjusted and unadjusted data for the allocation of funds to localities. Many mayors are concerned about undercounting because it could cause their cities to lose not only political representation but millions of dollars in federal and state aid over a ten-year period. While the Conference has not taken a position on the use of the adjusted data for redistricting, it has long supported the use of such data for allocating federal funds to state and local governments. More than $180 billion in federal aid is allocated to state and local governments annually.