Dr. ECKLER. That is the nature of our present estimates; however, it will be possible to exclude the Armed Forces from the determination and to base this on civilian population. I think we would accept guidance and advice either from the people framing this bill or from the Attorney General as to what would be the most appropriate definition to use. It would be possible to exclude the Armed Forces.

Mr. CRAMER. So, in effect you put in whom you wish and leave out whom you do not wish to put in, in determining whether someone is "residing"?

Dr. ECKLER. I think we should want to do this responsibly with the advice of the Attorney General and his staff.

Mr. RODINO. I think you have been using these standards for a long period of time.

Dr. ECKLER. We have been using certain standards for determining who lives in an area. Members of the Armed Forces are counted in the State where they are located and so are persons attending college. There are certain rules regarding transients and so on. These are well defined and have existed for many years. We would assume, unless instructed to the contrary, that we would be following our standard procedures.

Mr. CRAMER. That is the very point I am making, that it is not in the context of voting residence.

Dr. ECKLER. Not in the context of voting residence; that is correct. Mr. CRAMER. That is the whole purpose of the bill.

Dr. ECKLER. That is correct.

Mr. RODINO. Mr. Lindsay.

Mr. LINDSAY. Dr. Eckler, I have only one or two questions. Of course you have a tough job on your hands, you always have. The Attorney General said this morning that he was not counted in the census. I know I was not counted, and I keep asking people in Manhattan if they were counted, and they say "No."

Dr. ECKLER. I would make a bet with you on that because many people tell us they were not enumerated who are on our records. We can make a great deal of money by making bets in every case because the information may have been provided by neighbors or provided by a member of the family who did not mention it. Many who claim they were not enumerated were actually covered.

Mr. LINDSAY. I can point out places in Manhattan where people from your place never went, and there are people living there.

The only question that I had here is, what you conceive your job to be should this bill go into effect? Do you have to wait for somebody to give you some instruction as you read this administration bill?

Dr. ECKLER. I believe that when the list of States which have tests of the kinds specified in the bill, has been provided, we have a responsibility to go ahead once the bill becomes law.

Mr. LINDSAY. On a statewide basis?

Dr. ECKLER. Certainly on a statewide basis for all the States, and I should assume that we would be expected to go beyond that to a county basis in the States which are not involved in the list of six. Mr. LINDSAY. I think that is an important point because I have gotten the impression from the Attorney General's testimony on this point he had no discretion, that the reason an automatic test was set up, albeit an arbitrary one, nevertheless, was to avoid the problem of the Attorney General having the power to make choices.

Dr. ECKLER. He has the power to determine what State has the test or device; is that right?

Mr. LINDSAY. Yes. He has the power to send you the information as to what States have the test or device; you cannot unless he gives you that.

Dr. ECKLER. Yes.

Mr. LINDSAY. After you have done your job, based on the census, then, as I see it, he has the power to make the choices as to what areas he will appoint examiners. He has a 15th amendment problem there which gets a little complicated. There is no point in your commenting on that part of it, but apart from that, I get the impression that he expects the Bureau of the Census to make the findings that will have to be made and published in the Federal Register. In the first instance that will be those States as to which he sent you information about literacy tests.

Dr. ECKLER. Yes.

Mr. LINDSAY. Beyond that, this picks up again the question Congressman Cramer discussed, what do you do about something less than a State subdivision. You are not clear from your examination of the administration bill what you are supposed to do on that point.

Dr. ECKLER. I think my interpretation would be we would have a responsibility to look at the other States and see whether there are counties which have ratios that would bring them in this category under 50 percent and that we should certify those counties, the ones where we would make that determination, and have those published in the Federal Register.

Mr. LINDSAY. Your present reading of the bill would not lead you to conclude that you would have any responsibility. You would guess at the smaller.

Dr. ECKLER. I do not think the bill excludes that possibility, I think we would have to have discussions.

Mr. LINDSAY. Because it is a practical question as to whether you can?

Dr. ECKLER. It is a practical question as to what we do and I think that discussions between the Attorney General's staff and ours are needed to canvass this, but we would hope that this would stop at the county level.

Mr. LINDSAY. One last question. Perhaps I misunderstood you, but a little bit earlier didn't you have a comment to make as to the extent to which the Secretary of Commerce and the Bureau of Census have complied with section 8 of the 1964 Civil Rights Act?

Dr. ECKLER. I believe we have been doing everything possible in connection with that. We have prepared estimates which have been submitted for supplemental funds for 1965, we have had hearings before the Appropriations Subcommittee and I believe the report on that is to be out in the near future. So we believe we have done everything that would be called for or that we could do.

Mr. LINDSAY. So far.

Dr. ECKLER. So far.

Mr. LINDSAY. Which is to plan your program but you have not done anything of specific implementation.

Dr. ECKLER. We have not received any funds for specific imple

mentation.

Mr. LINDSAY. Thank you very much.

Mr. CRAMER. You indicated you had certain standards which you presently employed to determine "residents," is that correct?

Dr. ECKLER. Yes, sir.

Mr. CRAMER. You have that, I presume, in memorandum form. Dr. ECKLER. We could supply that. We could supply an excerpt from our instructions if it would be helpful.

Mr. CRAMER. Mr. Chairman, could I ask that such an excerpt follow the gentleman's testimony in the record and he be asked to provide it so it can follow?

Mr. RODINO. Yes.

Dr. ECKLER. I will be happy to do so. (The document referred to follow :)

EXCERPTS FROM ENUMERATOR'S REFERENCE MANUAL USED IN THE 1960 CENSUS [The reference to EDs is to enumeration districts, the small administrative areas which were assigned to individual enumerators]

HOW TO DETERMINE "USUAL RESIDENCE"

16. Official census date

The census must count all persons living in the United States at 12:01 a.m. on April 1, 1960, and must report them where they usually live. All persons who were living at 12:01 a.m. on that date should be included. Babies born after 12:01 a.m. on April 1 and persons dying before 12:01 a.m. should be excluded. 17. Residence changes after April 1

Persons who move into your ED after April 1, 1960, for permament residence should be enumerated there unless they have already been enumerated in the ED from which they came.

18. Usual place of residence

Usual place of residence is, ordinarily, the place a person regards as his home. As a rule, it will be the place where he usually sleeps.

19. General rules for enumerating persons in each housing unit

Include the following persons in each housing unit:

(a) Members of the household living at home.

(b) Members of the household temporarily absent on vacation, visiting, or on business.

(c) Members of the household who are in a hospital but who are expected to return shortly.

(d) Newborn babies, born before April 1, who have not yet left the hospital. (e) Boarders or lodgers who regularly sleep in the housing unit.

20. Rules for determining place of residence in special cases

In order to count each person once and only once, the Census Bureau has rules for counting certain persons whose place of residence may be in doubt. These rules are listed in the paragraphs that follow. (See also first page in FOSDIC book or inside back cover of this manual for summary of residence rules.)

21. Members of the Armed Forces of the United States

Persons who are in the Army, Navy, Air Force, Marine Corps, or Coast Guard are counted as residents of the place where they are stationed. A member of the Armed Forces who lives off post in your ED is a resident of your ED and should be enumerated there. Those living on post in housing units or in barracks and similar quarters are residents of those quarters.

22. College students

A student attending college is considered a resident of the ED in which he lives while attending college. Enumerate him as a usual resident at the place where he lives while attending college. If he lives at his parents' home. Enumerate him there. If he is at his parents' home for a few days at the time of the census (for example, during spring vacation), he should be considered a visitor there.

23. Students below college level

A student away from home attending a school below college level is considered a resident of the ED in which his parental home is located and not a resident of the ED where he lives while attending school. However, if he is living in an institution, such as a school for the deaf, dumb, and blind (see par. 26), he should be counted as a resident of the institution.

24. Domestic employees

Enumerate as usual residents, maids, hired hands, or other employees who live with their employer's household and sleep in the same housing unit. However, enumerate domestic employees who sleep in separate houses, apartments, or cabins as residents of separate housing units, even though the house is on land owned by their employer.

25. Persons temporarily absent from home who are considered usual residents Enumerate as usual residents at their homes the following:

(a) Persons temporarily absent from home, visiting friends or relatives, on vacation, or abroad.

(b) Persons temporarily absent "on the road" in connection with their jobspersons on business trips, traveling salesmen, railroad men.

(c) Persons temporarily absent from home in general hospitals or other hospitals where patients usually stay only for a short period.

26. Persons in institutions

Enumerate as residents of the institution (regardless of length of sentence or stay) persons in workhouses, reformatories, jails, convict camps, detention homes, schools for delinquents, homes for retired soldiers, orphans, or aged; homes or schools for the blind, deaf, or feebleminded; nursing homes or convalescent homes; asylums or hospitals for the insane, incurables, tubercular, or other such institutions where the inmates usually remain for considerable periods of time.

27. Members of religious orders

Enumerate the members of religious orders as residents of the convent, monastery, or other quarters where they are living.

28. Student and trained nurses

Enumerate student and trained nurses as residents of the hospital or nurses' home where they live.

29. Officers or crews of vessels

Officers or crewmembers on a vessel engaged in coastwise, intercoastal or foreign trade (including Great Lakes) are considered to reside on the vessel if it normally engages in trips of more than 24 hours' duration.

30. Persons with more than one residence

(a) Persons who work away from home most of the week but come home for weekends should be enumerated as residents of the unit where they live most of the week.

(b) A few persons may have several homes-for example, a winter home in Florida, an apartment in New York City, and a summer home in Maine-each of which could be usual residence. In such a case, the usual residence is the place in which the person spends the largest part of the calendar year; he should be enumerated there. Note, however, that persons who spend the year moving from one resort hotel to another with the seasons have no usual place of residence and are therefore enumerated where found.

31. American civilians working or studying abroad and their families living with them

These persons will be enumerated abroad if their regular place of duty or study is there.

32. Citizens of foreign countries temporarily in the United States

In regard to citizens of foreign countries temporarily in the United States: (a) Do not list citizens of foreign countries temporarily visiting or traveling in the United States or living on the premises of an Embassy, Ministry, Legation, chancellery, or consulate.

(b) Do enumerate as residents of your ED citizens of foreign countries living here who are students or who are employed here (but not living at the

Embassy, etc.) even if they do not expect to remain here. Also enumerate the members of their families if they are living with them in this country.

33. Persons with no usual residence

Enumerate as residents of your ED all persons who have no other residence or fixed address. For example, a man who has given up his room in a nearby city and is staying in your ED for a few days before continuing his journey to another State is a person with no usual place of residence. Persons in railroad, highway and other construction camps, convict camps, camps for migratory agricultural workers, 1-night lodginghouses, or other places that have shifting populations composed mainly of persons with no fixed place of residence, should be enumerated where they are staying on the date of enumeration. 34. Persons with usual residence elsewhere

Usual residence elsewhere means a definite house, apartment, hotel room or suite, or other living quarters held for a person and immediately available to him on his return. In addition to guests, persons with a usual residence elsewhere will include college students temporarily home on vacation, members of the Armed Forces stationed elsewhere but home on leave, inmates temporarily absent from institutions and persons who live and work most of the week in another area. Persons who claim a usual residence elsewhere and who were staying in your ED on the night of March 31 should be reported on Individual Census Reports if there is no one at home to report for them (see par. 134).

35. Doubtful cases

It may sometimes be difficult to tell whether a person is in your ED only temporarily or whether your ED is now his usual place of residence. In general, the decision is to be made on the basis of the nature and purpose of the stay. If there is still doubt, try to determine whether a person in your ED is there simply on a visit or a business trip, or whether he has a job in the community, has entered his children in school there, etc. For example, a woman staying in your ED to establish legal residence for divorce purposes who also has taken a job there or entered her children in a local school should be enumerated as a resident in your ED. In doubtful cases, count the person as a resident of your ED if his stay is expected to total 6 months or more (including time already spent there).

Mr. LINDSAY. Thank you very much, Doctor.

Mr. RODINO. Thank you very much, Doctor, and your associate. This concludes the hearing for this evening. We will reconvene on Tuesday next at 10:30 a.m., when we will be hearing from Members of Congress.

We are adjourned.

(Whereupon, at 6:10 p.m., the subcommittee recessed, to reconvene at 10:30 a.m., Tuesday, March 23, 1965.)