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1 April 26,2023 Administrator Richard L. Revesz Office of Information andRegulatory Affairs Office ofManagement and Budget ExecutiveOffice of the President RE: NATIONAL URBAN LEAGUEAND THE NATIONAL COALITION ON BLACK CIVIC PARTICIPATION’S RESPONSE TO U.S.OFFICE OF MANAGEMENT AND BUDGET INITIAL PROPOSAL FOR UPDATING OMB’S RACE AND ETHNICITY STANDARDS Dear Administrator Revesz and FederalInteragency Technical Working Groupon Race and Ethnicity Standards: As Co-conveners of the Census Black Roundtableand the Unity Diaspora Coalition,the National Urban League and the National Coalition on Black Civic Participation arepleased to respond to the Office of Management and Budget’s (OMB) request for feedback on their initial proposals from the Federal Interagency Technical Working Group on Race and Ethnicity Standards (Working Group) for revising OMB’s 1997 Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15). The initial goal of SPD 15, established through the civil rights movement, was to combat racism that systematically denied Black people and communities the opportunity to be on equal footing with White communities on various social and economic standing, from voting, political representation, and housing to education and employment. Even though much progress has been made when Directive 15 was first adopted in 1977, America has not delivered on the promise of fair and equal opportunity for Black communities. Thus, the initial proposal from OMB regarding updating SPD 15 has great implications for the growing and diverse Black diasporic community. The National Urban League, a 112-year-old civil rights andurban advocacy organization with 90 local affiliates in 37 states and the District of Columbia, and the National Coalition on Black Civic Participation are dedicated to economic empowerment, equality,and social justice. Serving 2 million people per year,the National Urban League seeks to empower Black and historically underserved communities through social programs, education, housing and community development,entrepreneurship,and workforce development.In addition, for the last 50 years, the Urban League has championed a fair and accurate census for the Black populationand historically undercounted communities. The National Coalition on Black Civic Participation (NCBCP) is a 47-year-old civil rights and social justice national organization, with state-based affiliates in 11states and the District of Columbia, including AL, FL, GA, LA, MD, MI, MS, NC, OH, PA, VA.NCBCP is dedicated to empowering Black and underserved communities by advancing the goalsof equity and justice. Its priority areas include increasing Black civic engagement and voter participation, as well as promoting racial, economic, and social justice through values-driven coalitions that focus on women and youth empowerment, leadership development, health and wellness, education,and global empowerment. For over 40 years, NCBCP has been an unwavering stakeholder in the goal of achieving a fair and accurate count of the native and foreign-born Black population in the U.S., 2 working alongside state partners and affiliates to ensure that the Black community's needs and concerns are accurately reflected in census data and establishing themselves as a trusted voice in the fight for equitable representation. The National Urban League and the National Coalition on Black Civic Participation see this feedback opportunity as a way to ensureincreased data accuracy and detail for a diverseBlack population,including a fast-growingBlack immigrant population. Further, we believe it is imperative to continuethecollection of race data for the purposes of civil rights enforcement, federal funding allocation,and Congressional representation. Our feedback for OMB’s Initial Proposal for Updating OMB’s Race and Ethnicity Standards is guided by these fouroverarching principles. 1.Raceand ethnicity are two separate concepts, unequal in their placement on the Census questionnaire. As OMB and the Census Bureau update SPD-15, it is important for them to prioritize the continued need to measure race disparities in the United Statesthrough the collection of data on race.Race has been the underpinning of American society since the arrivalof Europeans to this country. The Census should be careful about conflating ethnicity with race. Language, culture, geographic proximity, and ethnicity are characteristics of everypopulation group; however, race has always been the determining factor of how you are perceived and treated in the United States. Census data provides necessary baseline data on the well-being and treatment of race groups for the purposes of civil rights enforcement and Congressional representation.As such, the CensusBureau should neither disband nor eliminate the terminology, “race” from the Census form. 1 2.Every U.S. resident should be provided with the opportunity to self-identifyby race and ethnicity, and it should be accurately coded and reflected in the data.For example, Afro- Latinos and Afro-Arabs/MENAlive at the intersection of their race and ethnicity, so the Census shouldprovide them withopportunities to represent both their racial and ethnic identities. We want to ensure that Black respondents across the African diasporaare accounted for and able to see themselves in the Census racial and ethnic categories. 3.There is a need to update terminology and continue research. There is a need to ensure accurate definitions of racial and ethnic groups and continuing researchfor accurate data collection. In particular, there is a need to ensure that the definition ofthe Black or African American definition is inclusive of the growing Black diaspora in America, including (but not limited to), Afro-Brazilians, Belizeans, Garifunas,and Afro-Latinos. The process of updating terminology and broadening race categories shouldbegin in response to this FRN, and be examined regularlyas new findings emerge regarding race and ethnic inequities and data accuracy. 4.Clear guidance on bridging datais necessary. Provide clear, timely, and frequent guidance to federal agencies and data users on how to report, tabulate,and bridge data collected under previous standards, with data collected under revised standards, to ensure consistent and meaningful comparisons of data over time that accurately reflect demographic trends, as well as appropriate interpretations of those trends. It is also 1 We use the term African or Black diaspora interchangeably with Black or African American as an inclusive term to denote anyone with African ancestry lineage regardless of culture, ethnicity, or country of birth. h3 important that bridging data attends to the Black diaspora,such as data on Afro-Latino or Black Arab/MENApopulations, when applicable. With respect to OMB’s initial proposals, we offer the following areas for consideration: Collection of race and ethnicity information using one combined question There is concern that the initial proposal of a combined race and ethnicity question that allows for the selection of one or more raceand ethnicitiesmaynegatively impact the ability of African diasporicrespondents in the U.S. to accurately self-report on “all” aspects of their identity due to Census methodology and coding. For example, there is concern about whether Afro-Latinossee themselves in the Black/African American racial categorybecause there are no Afro-Latino examples (e.g., Afro-Latino, Garifuna). OMB/Census Bureau must ensure that the combined race and ethnicity question allows for accurate reporting of Afro-Hispanic and Black immigrant populations in their self-identification.Examplesprovided for the Black or African American racial category should include countries with a large number of people with African ancestry (e.g., Columbia, Brazil, Dominican Republic). •Black immigrants represent at least 10 percent of the Black population, a rapidly growing percentage. In addition, racially diverse immigrantsfrom Latin and Southincreasingly comprise persons of African descent, including Afro-Hondurans (Garifuna), Afro-Brazilians, and Afro-Caribbean populations (i.e., Haitians). While the U.S. Census Bureau places Haitians (a non-Spanish/non-English speaking predominantly Black population) squarelyin the Black category, Brazilians—specifically Afro-Brazilians who check Black and write-in “Brazilian, undergo an unclear coding process where the Census Bureau codes them as “Some Other Race” and Black. Why does the Census Bureau impose an automatic coding process on self-identifying Black respondents from other countries (i.e., Brazil, Belize, Guyana, Surinam), as Black and“some other race,” even though the respondent has not indicated such? The Census Bureau’s coding of some populations or nationalities as Black + Some Other Race, could have unintended consequences that deny Black communities their Constitutional right to vote and Congressional representation. •As an example, Republican state officials in both Alabama and Louisiana are calling for narrower definitions of Blackness that do not include African Americans who also identify with another racial group. 2 In the Louisiana case (Ardoin v. Robinson), stateofficials have argued for the definition of Black to only include people who checked off either Black alone, or both Black and White, only, and do not identify as Latino. Last year, the State of Louisiana asked the U.S. Supreme Court to weigh in on/definethe appropriate definition of Blacknessfor the purpose of Redistricting (and presumably, for gerrymandering). 3 The ambiguity of the Census Bureau’s coding process and application as it pertains to Black respondents could diminish one of the most sacred foundations of the U.S. Constitution for African Americans: the right to vote. The Census Bureau must be transparent about its coding process relating to Black populations as it has potential implications for identifying civil rights enforcement and votingrights protections. Finally, OMB’s standards for race classifications may require revision to reflect and include diverse Black populations. 2 https://www.npr.org/2022/12/21/1144819790/the-push-to-redefine-black-and-end-anti-racist-voter-protections 3 https://www.npr.org/2022/06/28/1108370498/louisiana-redistricting-supreme-court-lawsuit4 •We discourage the sample design in Figure 3. The Working Group's proposed Combined Question with Minimum Details minimum (for use when a more detailed collection is not feasible or justified). Considering the heterogeneity of the Black population, this simplified version does not allow those from the African diaspora –i.e., Caribbean, Latin and Central America –tofullysee or self-identifythemselves. The Census Bureau must consider ways to identify structures and mechanisms to (1) build consensus across disparate racial and ethnic groups and organizations on matters of data collection, process, analyses, tabulation, and communication (2) identify experts with deep personal and professional expertise on the African diaspora in the U.S. (3) conduct timely research, especially in light of the global Black Lives Matter movement (4) provide clear and timely guidance on how federal agencies (and state and local agencies) can bridge data collected under previous standards compared to new standards, and (5) develop a robust communication plan to inform and educate diverse, emerging populations during and through the process of implementation. ●The Census Bureaumust prioritize increasing public trust in a combined question, establishing transparency throughout the process, and creating a well-defined infrastructure for building consensus. Former Census Advisory Committees on Race and Ethnicity (REAC) reflected communityrepresentatives (not National organizations), for each (current) OMB race and Hispanic origin category: 5 separate advisory committees on each the African American, American Indian/Alaska Native, Asian, Hispanic and Native Hawaiian/Pacific Islander populations. These advisors provided rich insight and feedback on Census plans for more than 40+ years. The five REACs worked together and across committees to obtain consensus on sometimes deeply divided issues. The Census Bureau terminated these committees in 2015, losing a credible vehicle for sorting out these dynamics and bringing consensus among diverse populations around Census plans. While the current National Advisory Committee on Race, Ethnicity and Other Populations (NAC) brings diverse stakeholders to advise the Census Bureau, it was never designed to take on the responsibilities and tasks that the REAC commanded. For the remainder of the 2030 Decennial Census planning cycle, it is recommended that Census re-establish the U.S. Census Race and Ethnic Advisory Committees to help the Census Bureau navigate difficult race and ethnic decennial planning issues related to data collection, processing, analysis, reporting, and data privacy. More importantly, these committees can help build broad consensus to ensure a fair and accurate count and work with external groups and partners, such as NAC. ●The Census Bureau must ensure that qualified Black staff areprovided equalopportunities to work as demographers, statisticians, and data scientists (and civic engagement professionals), to research and effectively communicate issues pertaining to race and ethnic data needs. Further, Black Census professionals must be appointed to senior and executive level decision-making positions at the Census Bureau to ensure equitable research priorities focusing on the undercount of Black communities and decision-making for the 2030 Census, such as with this initial OMB proposal on race and ethnicity standards. ●The Census and OMB must consider the significance of a post-George Floyd America, and the role a global Black Lives Matter movement might have had on old research assumptions of the 2015 National Content Test regarding race and ethnicity. Afro- descendent populations across the world, including throughout the Americas, are now reexamining their identities, and drawing parallels between their African descendent 5 heritage, and their treatment by the majority population. This awakening embraces African heritage and claims it increasingly as an identity. Census must take the time through inclusionary focus groups and/or other research to refresh old NCT assumptions and recommendations regarding self-identification, that predate the global Black Lives Matter movement in a post-George Floyd society. Given the length of time between the 2015 National Content Test (NCT) and the current combined question proposal, Census must commit to conducting additional research, including listening sessions, on the value and impacts of combining race and ethnicity, as well as the proposed MENA category on Black, Sub-Saharan population groups. ●OMB and the Census Bureau must provide clear and timely resources and guidance for federal agencies, to ensure commonality of usage of new standards and to ensure there is no delay in making decisions. Current tabulations are used by federal (and state and local) agencies use to make funding and resource decisions on various matters from education, health care, social services, criminal justice, and much more; thus, resources and guidance should be actively deployed to support any and all transitions. ●It is critical that there are adequate communication resources and support to provide timely and accurate information about any changes to the standards. These communication resources must be deployed to the right organizations, with special attention to resources going directly to Black-led communication organizations and advocates who are embedded in the Black community and trusted agents of information. Without attention to the communication drivers in the early stages of implementation, under-resourced communities, such as Black communities, will not have the funding, expertise, and support needed to address potential challenges from data collection to data usage. ●The Census Bureau has expressed broadly its intent to utilize Administrative Records as a data collection tool for 2030 Census households, reducing the burden on enumerators and addressing costs. A combined question might pose unique challenges regarding the use of Administrative Records and the Census Bureau’s ability to convert them to a one- questionformat, especially if two or more races are presentedin administrative records. ●If the Combined question is approved, the new category will be applied across hundreds of Census surveys—including Income and Poverty, Economic survey, the American Community Survey, Current Population Survey, Crime Victimization, Employment Indicators, etc. How will American Community Survey ancestry data reporting/accuracy be affected by a combined question, if at all? Is it important for the Census to conduct a feasibility test to ascertain the impact on data quality for these surveys? We also encourage the Bureau to reevaluate some of the literature, such as the ones below discussing concerns about conflating race and ethnicity, including some of the concerns reflected in the 2014 Census National Advisory Committee on Race, Ethnicity and Other Populations, (NAC) report about the combination question (see citations and links). Some of the concernsin the report reflect many current ones, such as the assumption of racial equity, the stigma of selecting Black in Latin Americancountries, and the invisibility of Afro-Latinos within the Hispanic population. •Aspinall, P. J. (2001). Operationalizingthe collection of ethnicity data in studies of the sociology of health and illness. Sociology of Health & Illness,23(6), 829-862. https://doi.org/https://doi.org/10.1111/1467-9566.00277 6 •Bonilla-Silva, E. (2004). From bi-racial to tri-racial: Towards a new system of racial stratification in the USA. Ethnic and Racial Studies,27(6), 931-950. https://doi.org/10.1080/0141987042000268530 •https://www2.census.gov/cac/nac/meetings/2014-08/2014- 08_2020_Census_final_report.pdf Add ‘‘Middle Eastern or North African’’ (MENA) as a new minimum category Those from the Middle Eastern or North African region should be able to see themselves in the race and ethnicity standards. However, OMB should ensure that NOsub-Saharan regions and populations and historically Black countries are included in the MENA category, irrespective of culture, religion, and language. Furthermore, since MENA represents diverse population groups, MENA (and Hispanic/Latino) must be treated as an ethnicity, not a race. •At least 10 percent (and growing)of the U.S. Black population comprises Black immigrants. As such, data collection from Black immigrant respondents iscritical to an accurate Black count. While there has been a Hispanic ethnic category since 1997, MENA will be a new ethnic category (it should be treated as an ethnicity, nota race). Without proper and timely information for respondents about MENA,it may lead to erosion of the Black count as many recent Sub-SaharanAfrican immigrants or Afro-Arabs, for example, may feel more aligned to their country or “Africans” vs. Black or African American. •The definition of MENA must be clarified to avoid harming an accurate count of the African diaspora in the U.S. The Census Bureau must justify, clarify, and be transparent about who and what countries fall into MENA as there is no agreed-upon definition about which countries make up MENA beyond the 13 OPEC nations. 4 In some corners, the number of countries stretches to 27. 5 More research is needed to confirm whether MENA should include majority Black countries in Northern Africa, such as Sudan, Somalia, Eritrea, and Ethiopia. Thus, updated and continued research is needed, and the community must be updated as it conducts these tests and analyses. Require the collection of detailed race and ethnicity categories by default The collection of detailed race and ethnicity categories by default should be required.Data disaggregation should also be mandated to ensure that marginalized communities are provided with civil rights protection and the resources and support needed. When weighing the benefits and burdens of collecting or providing more granular data than the minimum categories, agencies need to examinetheir goals and priorities and what level of data is requiredfor agencies. For some agencies, it may be broad monitoring which may require minimum categories. Otheragencies that providelong-term assistance, guidance, and support, may require more granular data for benchmarking and monitoring progress. Part of this decision- making may also rest on the availability of economic and human resources to collect, analyze, and use the data meaningfully. 4 https://ustr.gov/countries-regions/europe-middle-east/middle-east/north-africa 5 https://www.investopedia.com/terms/m/middle-east-and-north-africa-mena.asp7 Update Terminology in SPD 15 We agree with the Working Group’s proposal to remove ‘Negro’’ from the Black or African American definition.Considering the harmful roots of this terminology, it is important that this term is not used in any federal standards or survey, even for those who may insinuate a cultural basis for keeping this term. Furthermore, OMB should consider adding African diaspora and Afro-Latino to the above minimum category for the Black or African American race category. We urge OMB to ensure that the question stem be changed to“What is your race andethnicity.” This will signal to respondents that race and ethnicity are two different concepts, and respondents should consider both in their responses. With the growing diversity of the Black population, it is critical that those with Black identity can consider their race in their response along with other identities in their response. Finally, as it relates to transnational, if a combined race and ethnicity question is implemented, OMBshould ensure that theterminology is clear and consistent regarding race and ethnicity collection. Recognizing that race and ethnicity are social constructs, it is important that data continueto be gathered from people who identify with groups that cross national borders and determine how they may fit into the current categories. It is important to examine these “transnational” groups across the globe and examine how they are being classified and their preferred classification,which may also vary based on their phenotype(i.e., race). Guidance to implement SPD 15 revisions on Federal information collections In addition to testing out instruction for deaf and blind communitiesthat represent the Black and underserved communities, more testing about racial and ethnic identification is needed for NRFU methods that do not include self-response. Researchis needed about what data is likely to be accurate or missing when asking about race and ethnicity when using a proxy or observation and why some people hesitate to completethat information. This could be tested through Group Quarters where race and ethnicity data aregathered through proxy and/or observation. Testing can determine how to ensure these other options of completion are as accurate as possible based on the directions provided regarding how to complete the race and ethnicity question. Secondly, we recommend that alphabetical order be used, particularly given the large undercount and omission rates of historically undercounted populations and the overcount of White populations, which distorts and/or skews population size for a given racegroup or ethnicity over another. Similarly, prison-based gerrymandering (which the Census will not address) –distorts and skews the population count of disproportionately incarcerated Black and Brown prisoners who are not counted in their home communities. Huge undercounts of university students, young children, people who are unhoused and immigrant populations without statusdictate that the more fair and equitable way to list race and ethnic categoriesis by alphabetical order. Until Census can reduce undercounts of marginalized and underserved populations and decrease overcounts of more privileged (usually White) populations, an alphabetical listing is a more equitable way to go. Final Thoughts and Considerations TheNational Urban League and the National Coalition on Black Civic Participation have strongly advocated for the full and complete count of all Black people, regardless of national origin, within the Black/African American race category. Through this feedback opportunity, the National Urban Leagueand National Coalitionon Black Civic Participationstrongly recommends that OMB/Census Bureau prioritize its efforts to ensure the most complete count possible of Black and African diaspora populations in the race category.8 While there is a push to gather dataor create a new category forAmerican descendants of enslaved people from the African continentbased on the premise of reparation, there is a grave concern that this untested proposalwill harm the full and accurate count of Black people, particularly Black immigrants.There are no in-depth research and engagement with the diverse Black community on terminology, definition, and data collection and coding protocol, and implication on the counts of other Black diasporic populations (e.g., Black immigrants). Thus, we urge the Census Bureau and OMB to listen to and engage with trusted and reputable Black organizations on this issue.This matter and related others are a signal that OMB and Census Bureau must engage in consistent meetings and communication with African diasporic organizations, like the National Urban Leagueand National Coalition on Black Civic Participation, to ensure they are meaningfully consulted throughout the process. In conclusion, we urge that any and all data collection practices on race and ethnicity should not HARMor diminish the accurate counting of Black/African Americans or the African diaspora in the U.S. Wehope our comments s outlined can be prioritized as the Working Group moves forward with their recommendation for SPD 15. We believe that attention to these issues would not only strengthen the work of the nation, most importantly, meet the larger goal of ensuring social parity, economic self-reliance, power, civil rightsprotections, and accurate count of everyone in the U.S. Thank you for your serviceto the nation. The National Urban League and National Coalition on Black Civic Participation stands ready to assist OMB and the Working Groupto ensure the Black diasporic perspectives are fully considered in the proposed changes. Sincerely, Marc H. Morial Melanie L. Campbell President and Chief Executive OfficerPresident and CEO, National Coalition on National Urban League Black Civic Participation, Convener, Black Co-Convener, Census Black Roundtable Women’s Roundtable Co-Convener, Unity Diaspora CoalitionCo-Convener, Census Black Roundtable Co-Convener, Unity Diaspora CoalitionNext >