The Buy American Act (BAA - 41 U.S.C. § 10a–10d) passed in 1933 by Congress and signed by President Roosevelt, required the United States government to prefer U.S.-made products in its purchases. Other pieces of Federal legislation extend similar requirement to third-party purchases that utilize Federal funds, such as highway and transit programs.
In certain government procurements, the requirement purchase may be waived if the domestic product is more expensive than an identical foreign-sourced product by a certain percentage, if the product is not available domestically in sufficient quantity or quality, or if doing so is in the public interest.
The President has the authority to waive the Buy American Act within the terms of a reciprocal agreement or otherwise in response to the provision of reciprocal treatment to U.S. producers. Under the 1979 General Agreement on Tariffs and Trade (GATT) Government Procurement Code, the U.S.-Israel Free Trade Agreement, the U.S.-Canada Free Trade Agreement, and the World Trade Organization (WTO) 1996 Agreement on Government Procurement (GPA), the United States provides access to the government procurement of certain U.S. agencies for goods from the other parties to those agreements. However, the Buy American Act was excluded from the GPA's coverage.
The Buy American Act is not to be confused with the very similarly named Buy America Act, which came into effect in 1983. The latter, a provision of the Surface Transportation Assistance Act of 1982, is 49 U.S.C., section 5323 (j), and applies only to mass-transit-related procurements valued over US$100,000 and funded at least in part by federal grants.[1]
Brunswick County is trying to help the U.S. Census Bureau get a more accurate picture of how many people live here.
“2010 is around the corner,” Brunswick County Manager Marty Lawing said.
The Census Bureau is encouraging all the counties in North Carolina to form committees of trusted and prominent locals who will help answer questions and ease concerns about filling out census forms.
The 2010 census forms will be sent out in March and must be returned by April, Lawing said.
For the 2000 census, Brunswick County had a return rate on census information of 47 percent. The state rate was 64 percent and the national rate 67 percent. New Hanover County’s rate was 61 percent.
Knowing exactly how many people live in Brunswick County is important, county officials say, because its share of most state and federal dollars is based on population.
But that low percentage is misleading because many of the households receiving census forms belong to part-time residents.
The U.S. Census Bureau sends forms to homes in Brunswick County and also goes door to door counting people, said Constance Hyman, local census partnership specialist.
She said the census does not consider whether the residents are seasonal or full-time when sending out the requests for information.
“That’s one of our challenges with the coastal communities is the fact that there are a lot of seasonal residents,” she said.
At a recent meeting, Brunswick commissioners questioned whether there would be a way to look at the county’s tax records to see which are part-time and which are full-time residents.
But there might not be a clear-cut answer to that issue.
“I don’t know of a real good way to improve that accuracy,” Lawing said.
Hyman pointed out that Brunswick’s 47 percent response rate does not mean 53 percent of the county was not counted, just that 53 percent of homes didn’t return forms that were left on doorsteps.
Census workers also fan out in May and June to interview people who have not mailed in their responses. Residents who have multiple homes might fill out the census documents in more than once place, and the workers interview them as well to see where they spend most of their time.
“It’s really up to the person where they decide they would lay their head most of the time,” U.S. Census media relations representative Tony Jones said.
Hyman said one of the goals for the 2010 census is to increase the mail-in response rate by at least 2 percent in North Carolina.
“Our main focus is those residents who are permanent residents,” she said.
Complete Count committees
To help get an accurate count, Brunswick County at its Jan. 4 meeting will appoint around 30 members to a Complete Count Committee. The committee will be responsible for answering citizens’ questions about the census and getting the word out about its importance, Hyman said.
Each commissioner will appoint two members to the committee.
The board will also select at least one representative from each of the county’s 19 municipalities.
The commissioners at their Monday night meeting asked Lawing to also come back to the board with a recommendation on whether the county should offer stipends to the people who serve on the committee.
The U.S. Census Bureau is trying to get all the counties in North Carolina to appoint Complete Count Committees, Hyman said.
The committees will be trained in January by census officials and will be holding events to get the word out about the census.
She said the census will also be opening an office in Wilmington in January.
North Carolina lawmakers voted this year to give up to $12.5 million a year in tax breaks for Apple so the computer giant will build a data center in Western North Carolina.
The vote sparked arguments about corporate handouts, but lawmakers said Apple offers the sort of new-economy jobs that are critical to North Carolina.
Two months later, with less public attention, the legislature passed $10 million in tax incentives for a paper mill in Plymouth in Eastern North Carolina that will be converted to make diaper fluff. The mill is part of the traditional manufacturing economy that has been bleeding jobs in the state for more than a decade.
The contrasting votes were yet another sign that North Carolina is a state in the middle, pulled in multiple directions as it makes the transition from a rural state to an urban and suburban one. The struggle shows in much of what the legislature did this year – in debates on issues ranging from tax reform to environmental protection.
“We are, on many levels, a state in transition,” said Michael Walden, an economist at N.C. State University.
North Carolina is no longer primarily rural, but it is not yet fully urbanized. It's not a manufacturing state any more, and not yet completely high-tech.
When legislators try to push North Carolina to reflect the new possibilities, they often find themselves pulled back by old realities.
“Rural legislators go back to their districts and see people employed in the pulp mill or the textile mill,” Walden said. “They see that a lot of those cutting-edge jobs are not going to go there.”
Senate leaders this year began trying to overhaul the state's tax code, arguing that the early 20th-century tax laws do not fit a blossoming knowledge-based economy. The change would have lowered corporate, income and sales tax rates but expanded the sales tax to include a variety of services, such as auto repair and house painting.
“Our economy is changing, and we have to make the necessary adjustments so we can compete. One of those is we need to have a modern, competitive tax structure that ensures a steady flow of income,” said John McNairy, who owns a trucking company and John Deere dealership in Kinston and previously led what is now the N.C. Chamber of Commerce.
The reform stalled. Although McNairy argues it would help old industries as much as new, he said lawmakers worried about unintended consequences.
A similar conflict undergirded some of the environmental debates.
State officials, starting with Gov. Bev Perdue, are increasingly pushing for North Carolina to develop a “green” economy. Legislators passed bills making it easier to install solar collectors, providing loans for energy improvements and expanding credits for investing in renewable energy.
A bill to establish a permitting process for windmills, though, failed amid fears of dotting the tourist-friendly mountains with the gangling wind catchers.
“The mountain economy is based on the view. The tourism industry and second-home industry don't want windmills in that view,” said Bill Holman, a former state secretary of environment and natural resources. He is now director of state policy at Duke University's Nicholas Institute for Environmental Policy Solutions.
North Carolina data show the population shifting from a slight rural majority in 2000 to a slight urban majority last year, but the state calculates the population differently than the U.S. Census. The census showed a 59 percent urban majority in 2000 that continues to outpace rural growth.
“It isn't urban like the Northeast, but we've created these sprawling metro areas,” said Ferrel Guillory, director of UNC Chapel Hill's program on public life. “Yet we remain, in our traditions and our historical legacy where there's a lot of ruralism alive.”
Chapel Hill Mayor Kevin Foy, who leads the N.C. Metropolitan Mayors Coalition, emphasized that urban areas' share of newly created jobs also will continue to grow, even if the workers who hold them live outside the cities.
“Those trends point to a shift in where the state is going,” Foy said. “The legislature is pulled in different directions.”
Rural lawmakers long dominated the legislature and still hold sway, particularly in the House, where Democrats maintain a majority that has to hold together liberals, business-oriented members and the black caucus.
“They need us to get things passed,” said Rep. Jim Crawford, a Granville County Democrat.
He acknowledged, though, that the base of power has shifted.
“The urban folks have certainly gotten control of the votes now,” Crawford said.
The redistricting following the 2010 census is expected to give Charlotte and Raleigh a total of five additional House seats and two additional Senate seats.
That shift was seen when lawmakers banned smoking in bars and restaurants this year, with suburban and urban legislators making the difference. They represent constituents, many of them transplants from other states, unfamiliar with North Carolina's historical ties to tobacco and accustomed to smoke-free, chain restaurants.
At the same time, legislators whittled a proposed $1-per-pack cigarette tax increase to a dime, a nod to the dwindling ranks of tobacco farmers and cigarette plant workers.
Counties won legislation allowing them to boost the sales tax to pay for transit improvements, a win for metro areas. The House, though, approved a bill to make it tougher for cities to annex adjoining communities, a power that metropolitan leaders say they need to manage growth. The Senate did not take up that bill.
Mecklenburg County is the state's largest urban center, but the Charlotte Chamber factors in neighboring rural communities when it constructs economic strategies for the region. It's the same two-directional tug felt in the capital, said Natalie English, a senior vice president with the chamber. It's also not a new conflict for lawmakers, said English, who previously served as the chamber's lobbyist in Raleigh.
“This year might have been more obvious than in other sessions,” English said. But as the population trends point to greater urban growth, “we'll start to see more of this struggle. As long as there are people in rural parts of the state, they will continue to have needs different from the (urban) majority.”
The legislature must tend to both, said Mayor Brian Roth of Plymouth, home of the paper plant that plans to shift to supplying diaper fluff. He supports the cultivation of new industries but wants support for industries that have employed members of his community for generations.
Plymouth is proof that both are possible, he said. State money is not only expected to aid the paper plant but also help expand the local airport, which made it easier to attract medical device manufacturer Micro Invasive Technology Inc.
“It's not this or that,” Roth said, “It has to be all of the above.”
(This informational program explains how communities benefit from Census Bureau data collection efforts. Testimonials describe the importance of a complete count to the Black/African-American community and why the 2010 Census will be the most important count in our nation's history.)
(This informational program explains how communities benefit from Census Bureau data collection efforts. Testimonials describe the importance of a complete count to the Latino/Hispanic community and why the 2010 Census will be the most important count in our nation's history.)
With the 2010 Census looming, major U.S. cities whose residents are at high risk of being missed are struggling with a shortage of money and manpower to prepare for an accurate count.
A study by the Pew Charitable Trusts, released Monday, found several cities with substantially fewer resources than it had in 2000. City officials also expressed concern about a possible poor turnout next year, citing difficulties in finding displaced residents due to home foreclosures and skittish immigrants wary of filling out government forms.
Earlier this month, the Commerce Department ruled out seeking a temporary halt to large-scale immigrant raids as a way to boost participation in hard-to-count communities.
''Nobody is expecting a good census in 2010,'' said Joseph Salvo, New York City's population division chief. ''I'm not optimistic. Since the last census we had 9/11, privacy issues, trust of government issues. And there's been no public declaration that we're going to suspend immigration raids like in 2000.''
Pew's review of preparation efforts in 11 major cities, which had undercounts of residents in 2000 of up to 1.5 percent, found only five cities had committed public funds to census outreach -- Los Angeles, New York, Houston, Phoenix and Baltimore. Even when cities had allotted funds, most were at sharply lower levels compared to 2000, due to the recession that has made state budgets tight.
Los Angeles faces difficulties of finding many of its residents who are now living in foreclosed houses and recreational vehicles, or ''doubling up'' with friends and relatives in single-family homes. Yet the city's $770,738 budget for outreach work is about half the amount it had in 2000.
Chicago, which missed an estimated 32,000 residents in 2000, spent nearly $1.3 million in city funds a decade ago; this year, it has allocated no money.
Philadelphia, the nation's sixth largest city, has been particularly slow in getting preparations under way, although officials insist they can catch up. A decade ago, the city set aside $200,000 for the census effort, but it has no such funds this time. Philadelphia also has not yet put in place a city outreach committee -- unlike many other major cities -- and has been relying on some support staff from the Census Bureau's regional offices.
Other cities with no public funds for census outreach include Atlanta, Boston, Detroit and Pittsburgh.
To boost participation, the Census Bureau is mounting a $300 million national media campaign and partnering with more than 80,000 groups to help get the word out that filling out the 10-question census form is safe and easy. But Census director Robert Groves has acknowledged that the risk of error and missteps in counting remains high, depending partly on factors beyond its control.
Among them:
--Whether there is a major outbreak of the H1N1 flu, which could isolate large segments of the U.S. population.
--Heated rhetoric over immigration reform, which could incite either side of the debate to seek a boycott or other ways to deter participation.
--Distrust of the government, possibly seen in last month's slaying of a part-time census worker in Kentucky, who was found with the word ''fed'' scrawled on his chest. Door-to-door visits in Clay County have been suspended until more information is known.
''Whether cities can beat the census participation or mail response rate from 2000 is going to be tough,'' said Thomas Ginsberg, project manager of The Pew Charitable Trusts' Philadelphia Research Initiative and author of the report. ''Cities will have to rely on unpaid organizing and grass-roots networks that are already out there.''
The stakes are high since the population figures are used to apportion House seats, redraw congressional districts and distribute more than $400 billion in government funds for schools, roads, hospitals and other vital programs.
But there are also broader financial consequences if there is a poor turnout, since the Census Bureau has committed to spending hundreds of millions of taxpayer dollars to locate residents with repeated visits if they fail to immediately mail in their paper form.
Sources: US Census Bureau, US Dept of Commerce, NY Times, Pew Charitable Trusts, Wikipedia, McClatchy Newspapers, Charlotte Observer, Charmeck.org, Youtube, Google Maps
The body of Bill Sparkman, a 51-year-old part-time Census field worker and occasional teacher, was found Sept. 12 in a remote patch of the Daniel Boone National Forest in rural southeast Kentucky. The Census has suspended door-to-door interviews in rural Clay County, where the body was found, pending the outcome of the investigation.
Investigators are still trying to determine whether the death was a killing or a suicide, and if a killing, whether the motive was related to his government job or to anti-government sentiment.
Investigators have said little about the case. The law enforcement official, who was not authorized to discuss the case and requested anonymity, said Wednesday the man was found hanging from a tree and the word "fed" was written on the dead man's chest. The official did not say what type of instrument was used to write the word.
FBI spokesman David Beyer said the bureau is helping state police with the case.
"Our job is to determine if there was foul play involved – and that's part of the investigation – and if there was foul play involved, whether that is related to his employment as a census worker," said Beyer.
Beyer declined to confirm or discuss any details about the crime scene.
Lucindia Scurry-Johnson, assistant director of the US Census Bureau's Southern Office in Charlotte, N.C., said law enforcement officers have told the agency the matter is "an apparent homicide" but nothing else.
Census employees were told Sparkman's truck was found nearby, and a computer he was using for work was found inside it, she said. He worked part-time for the Census, usually conducting interviews once or twice a month.
Sparkman has worked for the Census since 2003, spanning five counties in the surrounding area. Much of his recent work had been in Clay County, officials said.
Door-to-door operations have been suspended in Clay County pending a resolution of the investigation, Scurry-Johnson said.
"We are deeply saddened by the loss of our co-worker," Commerce Secretary Gary Locke said in a statement. "Our thoughts and prayers are with William Sparkman's son, other family and friends."
Locke called him "a shining example of the hardworking men and women employed by the Census Bureau."
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