EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08262-06-5
A. 6341--C 2
(b) While "Black/African Americans" are often misrepresented as a
homogeneous group, they are an extremely diverse group, with ethnicities
from over 87 different countries. Although Black American/African Ameri-
can, Afro-Caribbean, Continental African communities and all other afro-
population groups in this state share geographical commonalities, they
also experience diverse social, educational, health, and economic
differences that are unique to their respective communities.
(c) Existing state law requires state demographic data to be collected
for the "Black/African American" ethnic/racial group. However, addi-
tional ethnic groups reported by the United States Census Bureau are not
included that reflect changing demographics and intra-state migration
patterns. Most state agencies are currently not in compliance with
existing state law or have not made the collected data accessible. Data
should be updated on a regular basis and made accessible to the public
so that regional and local governments, elected officials, decision
makers, and other stakeholders can use the information to strategically
target programs for those most in need.
(d) Precedent has been set by the recent passing of chapter 745 of the
laws of 2021, requiring the collection of certain demographic informa-
tion by certain state agencies, boards and commissions within the Asian
American Pacific Islander communities. Precedent was also set on the
2020 US census which disaggregated both Asian and Latino groups. The
United States Census Bureau currently reports data for more than 20
different ethnicities within the "Asian" & "Native Hawaiians and Other
Pacific Islanders" categories alone.
(e) Precedent has also been set when California officially implemented
a policy, effective January 1, 2024, that requires state agencies to
collect demographic data specifically for African American descendants
of persons enslaved in the United States. This initiative is part of the
states ongoing efforts to address reparations and acknowledge the unique
experiences of these individuals. The policy, guided by California
Government Code Section 8310.6, mandates that the State Controller's
Office and the Department of Human Resources collect and report this
data separately from other Black or African American groups, distin-
guishing between those who are descendants of U.S. slavery and those
whose ancestry does not include U.S. enslavement.
(f) On January 26th, 2023, Dr. Karin Orvis, the Chief Statistician of
The United States, made an important announcement. She released a state-
ment titled "Initial Proposals for Revising the Federal Race and Ethnic-
ity Standards." This marks a significant step by the Office of the Chief
Statistician to update the Office of Management and Budget's (OMB)
statistical standards for race and ethnicity data collection and report-
ing across Federal agencies, as outlined in Directive No. 15. Key points
from Dr. Orvis's statement include:
(i) The publication of initial recommended revisions. These were
proposed by an Interagency Technical Working Group.
(ii) A call for public input. Dr. Orvis emphasized the desire to hear
directly from the American public. Feedback from non-governmental stake-
holders and the general public is crucial. It will assist the Working
Group in refining and finalizing its recommendations.
(iii) An invitation for everyone to share their thoughts. Dr. Orvis
encourages individuals to provide personal insights and reactions to the
proposals. This includes thoughts on how the changes may impact differ-
ent communities.
"In the subsequent report from the OMB, titled 'Major Themes From
Initial Public Listening Sessions' on page 6, it is stated, 'Data Disag-
A. 6341--C 3
gregation For The Black Or African American Population.' Presenters
supported adding detailed categories within the Black or African Ameri-
can minimum reporting category to enable identification of descendants
of enslaved Americans. Most presenters requested a new detailed catego-
ry, such as 'American Freedmen' or 'American Descendant of Slavery.'
Disaggregated data could then be used to allocate benefits for programs
or initiatives."
The overwhelming feedback from the American people regarding the
"Black/African American" category was that it was unable to accurately
collect the data necessary to adequately serve the different and diverse
ethnic groups that fall under that single category.
(g) March 28, 2024 - The Office of Management and Budget (OMB) offi-
cially published its updated standards for race and ethnicity, as
outlined in Statistical Policy Directive No. 15, on March 28, 2024.
Federal agencies are now required to begin implementing these changes,
which include the disaggregation of the "Black or African American"
category into more specific identities such as African American, Jamai-
can, Nigerian, Haitian, Ethiopian, and Somali, with an additional write-
in option for identities like Trinidadian and Tobagonian, Ghanaian,
Congolese, and others. African Americans, who were historically classi-
fied as Negro, Colored, or Mulatto, now have their own distinct catego-
ry. This change reflects the diversity within the Black population and
lays the groundwork for future advocacy around lineage-based identifica-
tion for descendants of U.S. slavery. The final deadline for full imple-
mentation and compliance-including integration into the U.S. Census-is
set for March 28, 2029.
(h) In the New York City report titled "How Communities of Interest
Are Evolving in New York City Today: Communities of Interest 2023,"
submitted to the New York City Districting Commission during the tenure
of the late Dr. John Flateau as Executive Director, data were analyzed
by ethnic group, revealing stark differences in various measurable
metrics for each group. Outcomes like those highlighted in the report,
along with their solutions, will continue to be overlooked and unad-
dressed until New York State adopts a similar approach to data compila-
tion.
(i) Given the diversity of languages and cultures, separating data for
the multiple ethnic groups that fall under the Black/African American
category and making the data publicly accessible are critical for
enhancing our state's understanding of the needs and experiences of
these different communities.
§ 2. Section 170-e of the executive law, as amended by chapter 123 of
the laws of 2022, is amended to read as follows:
§ 170-e. Collection of demographic information. 1. (A) Every state
agency, board, department, or commission that directly collects demo-
graphic data as to the ancestry or ethnic origin of residents of the
state of New York shall use separate collection categories and tabu-
lations for the following Asian and Pacific Islander groups in New York
state:
[(a)] (I) each major Asian group shall include Chinese, Japanese,
Filipino, Korean, Vietnamese, Asian Indian, Bangladeshi, Pakistani, and
all of the ten most populous Asian groups in the most recent five-year
American community survey published by the United States Census Bureau;
and
[(b)] (II) each major Pacific Islander group shall include Native
Hawaiian, Guamanian and Chamorro, and Samoan; or
A. 6341--C 4
[(c)] (III) collection categories shall include a category for other
Asian or Pacific Island group.
[2.] (B) Every state agency, board, department, or commission that
directly collects demographic data as to the ancestry or ethnic origin
of residents of the state of New York shall use separate collection
categories and tabulations for the following:
[(a)] (I) the primary language spoken at home; and
[(b)] (II) the ethnic group or ancestry.
[3.] (C) Upon the release of a new five-year American community survey
published by the United States Census Bureau, every state agency, board,
department or commission shall update their data collection and report-
ing practices as required by this [section] SUBDIVISION and shall
continue to collect and report on any demographic group no longer
included in the ten most populous groups until the release of the
following five-year American community survey, at which time state agen-
cies, boards, departments or commissions may cease to collect and report
on such demographic groups provided they remain outside the ten most
populous groups.
[4.] (D) The data collected pursuant to the different collection cate-
gories and tabulations described in PARAGRAPH (A) OF THIS subdivision
[one of this section], to the degree that the data quality is suffi-
cient, shall be included in every demographic report on ancestry or
ethnic origins of residents of the state of New York by the state agen-
cy, board, department, or commission published or released on or after
December first, two thousand twenty-three; provided, however, that for
the department of labor, division of criminal justice services, office
of mental health and office of temporary and disability assistance such
requirements shall be effective July first, two thousand twenty-four.
The data shall be made available to the public in accordance with state
and federal law, except for personal identifying information, which
shall be deemed confidential, by posting the data on the internet web
site of the agency, board, department, or commission on or before Decem-
ber first, two thousand twenty-three, and annually thereafter; provided,
however, that for the department of labor, division of criminal justice
services, office of mental health and office of temporary and disability
assistance such requirements shall be effective July first, two thousand
twenty-four. If the data quality is determined to be insufficient for
publication, an explanation of the problem with the data quality shall
be included in any report or publication made available to the public.
This [subdivision] PARAGRAPH shall not be construed to prevent any other
state agency from posting data collected pursuant to PARAGRAPH (A) OF
THIS subdivision [one of this section] on the agency's internet web
site, in the manner prescribed by this [section] SUBDIVISION.
[5.] (E) The requirements of this [section] SUBDIVISION shall not
apply to the department of labor, the division of criminal justice
services, the office of mental health or the office of temporary and
disability assistance until two years after this [section] SUBDIVISION
shall have become a law.
2. (A) EVERY STATE AGENCY, BOARD, DEPARTMENT, OR COMMISSION THAT
DIRECTLY OR BY CONTRACT COLLECTS DEMOGRAPHIC DATA AS TO THE ANCESTRY OR
ETHNIC ORIGIN OF RESIDENTS OF THE STATE OF NEW YORK SHALL USE SEPARATE
COLLECTION CATEGORIES AND TABULATIONS FOR THE FOLLOWING AFRO GROUPS IN
NEW YORK STATE:
(I) "DESCENDANT OF A PERSON ENSLAVED IN THE UNITED STATES" MEANS AN
INDIVIDUAL HISTORICALLY CLASSIFIED AS AMERICAN FREEDMEN, NEGRO, COLORED,
MULATTO, BLACK, BLACK-AMERICAN, AND AFRICAN-AMERICAN WITH AT LEAST ONE
A. 6341--C 5
ANCESTOR WHO WAS ENSLAVED OR SUBJECT TO CHATTEL SLAVERY IN THE UNITED
STATES, WERE EMANCIPATED VIA THE 1863 EMANCIPATION PROCLAMATION AND THE
THIRTEENTH AMENDMENT OF 1865 AND GIVEN THE STATUS OF FREEDMEN.
(II) "CONTINENTAL AFRICAN" MEANS AN INDIVIDUAL WITH ANCESTRY AND/OR
CITIZENSHIP FROM THE CONTINENT OF AFRICA, INCLUDING, BUT NOT LIMITED TO,
ONE OR MORE OF THE FOLLOWING COUNTRIES: ALGERIA, ANGOLA, BENIN, BOTSWA-
NA, BURKINA FASO, BURUNDI, CABO VERDE, CAMEROON, CENTRAL AFRICAN REPUB-
LIC, CHAD, COMOROS, COTE D'IVOIRE, DEMOCRATIC REPUBLIC OF THE CONGO,
DJIBOUTI, EGYPT, EQUATORIAL GUINEA, ERITREA, ESWATINI, ETHIOPIA, GABON,
GAMBIA, GHANA, GUINEA, GUINEA-BISSAU, KENYA, LESOTHO, LIBERIA, LIBYA,
MADAGASCAR, MALAWI, MALI, MAURITANIA, MAURITIUS, MOROCCO, MOZAMBIQUE,
NAMIBIA, NIGER, NIGERIA, REPUBLIC OF THE CONGO, RWANDA, SAO TOME AND
PRINCIPE, SENEGAL, SEYCHELLES, SIERRA LEONE, SOMALIA, SOUTH AFRICA,
SOUTH SUDAN, SUDAN, TANZANIA, TOGO, TUNISIA, UGANDA, ZAMBIA, OR
ZIMBABWE.
(III) "AFRO-CARIBBEAN" MEANS AN INDIVIDUAL WITH ANCESTRY AND CITIZEN-
SHIP FROM CARIBBEAN COUNTRIES, INCLUDING, BUT NOT LIMITED TO ONE OR MORE
OF THE FOLLOWING COUNTRIES: BELIZE, PUERTO RICO, CUBA, JAMAICA, HAITI,
TRINIDAD AND TOBAGO, GUYANA, BARBADOS, GRENADA, ST. CROIX, ST. KITTS,
THE BAHAMAS, AND THE DOMINICAN REPUBLIC, ETC.
(IV) "CENTRAL AND SOUTH AMERICAN AFRO-LATINO" MEANS AN INDIVIDUAL WITH
ANCESTRY AND/OR CITIZENSHIP FROM CENTRAL AND SOUTH AMERICAN COUNTRIES,
INCLUDING, BUT NOT LIMITED TO ONE OR MORE OF THE FOLLOWING COUNTRIES:
BELIZE, COSTA RICA, EL SALVADOR, GUATEMALA, HONDURAS, MEXICO, NICARAGUA,
PANAMA, ARGENTINA, BOLIVIA, BRAZIL, CHILE, COLOMBIA, ECUADOR, FRENCH
GUIANA (DEPARTEMENT OF FRANCE), GUYANA, PARAGUAY, PERU, SURINAME,
URUGUAY, OR VENEZUELA.
(V) "OTHER AFRO GROUPS" MEANS AN INDIVIDUAL WHO IDENTIFIES AS HAVING
AFRICAN ANCESTRY OR ETHNIC ORIGIN BUT DOES NOT IDENTIFY AS ONE OF THE
OTHER AFRO GROUPS DEFINED IN THIS PARAGRAPH.
(B) EVERY STATE AGENCY, BOARD, DEPARTMENT, OR COMMISSION THAT DIRECTLY
OR BY CONTRACT COLLECTS DEMOGRAPHIC DATA AS TO THE ANCESTRY OR ETHNIC
ORIGIN OF RESIDENTS OF THE STATE OF NEW YORK SHALL USE SEPARATE
COLLECTION CATEGORIES AND TABULATIONS FOR THE FOLLOWING:
(I) THE PRIMARY LANGUAGE SPOKEN AT HOME; AND
(II) THE ETHNIC GROUP OR ANCESTRY.
(C) THE DATA COLLECTED PURSUANT TO THE DIFFERENT COLLECTION CATEGORIES
AND TABULATIONS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE
INCLUDED IN EVERY DEMOGRAPHIC REPORT ON ANCESTRY OR ETHNIC ORIGINS OF
RESIDENTS OF THE STATE OF NEW YORK BY THE STATE AGENCY, BOARD, DEPART-
MENT, OR COMMISSION PUBLISHED OR RELEASED ON OR AFTER JULY FIRST, TWO
THOUSAND TWENTY-SIX. THE DATA SHALL BE MADE AVAILABLE TO THE PUBLIC IN
ACCORDANCE WITH STATE AND FEDERAL LAW, EXCEPT FOR PERSONAL IDENTIFYING
INFORMATION, WHICH SHALL BE DEEMED CONFIDENTIAL, BY POSTING THE DATA ON
THE INTERNET WEB SITE OF THE AGENCY, BOARD, DEPARTMENT, OR COMMISSION ON
OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-SIX AND ANNUALLY THEREAFTER.
THIS PARAGRAPH SHALL NOT BE CONSTRUED TO PREVENT ANY OTHER STATE AGENCY
FROM POSTING DATA COLLECTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION ON THE AGENCY'S INTERNET WEB SITE, IN THE MANNER PRESCRIBED BY THIS
SUBDIVISION.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.