13 U.S.C. § 191 — Geographic scope of censuses

Page 25 TITLE 13—CENSUS § 191 Section was derived from part of subsection (b) of section 251 of title 13, U.S.C., 1952 ed. Subsection (a) of such section 251 is also incorporated in this subchapter, and the remainder of such subsection (b) thereof is in- corporated in subchapter I of chapter 1 of this title. See Distribution Table. Changes were made in phraseology. SUBCHAPTER IV—INTERIM CURRENT DATA § 181. Population (a) During the intervals between each census of population required under section 141 of this title, the Secretary, to the extent feasible, shall annually produce and publish for each State, county, and local unit of general purpose gov- ernment which has a population of fifty thou- sand or more, current data on total population and population characteristics and, to the ex- tent feasible, shall biennially produce and pub- lish for other local units of general purpose gov- ernment current data on total population. Such data shall be produced and published for each State, county, and other local unit of general purpose government for which data is compiled in the most recent census of population taken under section 141 of this title. Such data may be produced by means of sampling or other meth- ods, which the Secretary determines will produce current, comprehensive, and reliable data. (b) If the Secretary is unable to produce and publish current data during any fiscal year on total population for any county and local unit of general purpose government as required by this section, a report shall be submitted by the Sec- retary to the President of the Senate and to the Speaker of the House of Representatives not later than 90 days before the commencement of the following fiscal year, enumerating each gov- ernment excluded and giving the reasons for such exclusion. (Added Pub. L. 94–521, § 8(a), Oct. 17, 1976, 90 Stat. 2462.) Editorial Notes CODIFICATION A prior section 181, act Aug. 31, 1954, ch. 1158, 68 Stat. 1021, authorizing the Secretary to conduct surveys nec- essary to furnish current data on subjects covered by the censuses under this title, was repealed by section 8(a) of Pub. L. 94–521. See section 182 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 17, 1976, see section 17 of Pub. L. 94–521, set out as a note under section 1 of this title. § 182. Surveys The Secretary may make surveys deemed nec- essary to furnish annual and other interim cur- rent data on the subjects covered by the cen- suses provided for in this title. (Added Pub. L. 94–521, § 8(a), Oct. 17, 1976, 90 Stat. 2463.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 17, 1976, see section 17 of Pub. L. 94–521, set out as a note under section 1 of this title. § 183. Use of most recent population data (a) Except as provided in subsection (b), for the purpose of administering any law of the United States in which population or other pop- ulation characteristics are used to determine the amount of benefit received by State, county, or local units of general purpose government, the Secretary shall transmit to the President for use by the appropriate departments and agencies of the executive branch the data most recently produced and published under this title. (b) This section shall not apply with respect to any law of the United States which, for purposes of determining the amount of benefit received by State, county, or local units of general pur- pose government, provides that only population or population characteristics data obtained in the most recent decennial census may be used in such determination. (Added Pub. L. 94–521, § 8(a), Oct. 17, 1976, 90 Stat. 2463.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 17, 1976, see section 17 of Pub. L. 94–521, set out as a note under section 1 of this title. § 184. Definitions For purposes of this subchapter— (1) the term ‘‘local unit of general purpose government’’ means the government of a county, municipality, township, Indian tribe, Alaskan native village, or other unit of gov- ernment (other than a State) which is a unit of general government, and (2) the term ‘‘State’’ includes the District of Columbia. (Added Pub. L. 94–521, § 8(a), Oct. 17, 1976, 90 Stat. 2463.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 17, 1976, see section 17 of Pub. L. 94–521, set out as a note under section 1 of this title. SUBCHAPTER V—GEOGRAPHIC SCOPE, PRE- LIMINARY AND SUPPLEMENTAL STATIS- TICS, AND USE OF SAMPLING § 191. Geographic scope of censuses (a) Each of the censuses authorized by this chapter shall include each State, the District of Columbia, the Virgin Islands, Guam, the Com- monwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico, and as may be determined by the Secretary, such other pos- sessions and areas over which the United States exercises jurisdiction, control, or sovereignty. Inclusion of other areas over which the United States exercises jurisdiction or control shall be subject to the concurrence of the Secretary of State. (b) For censuses taken in the Virgin Islands, Guam, the Commonwealth of the Northern Mar- iana Islands, or any possession or area not spe- cifically designated in subsection (a) of this sec- tion, the Secretary may use census information collected by the Governor or highest ranking Page 26 TITLE 13—CENSUS § 193 Federal official, if such information was ob- tained in accordance with plans prescribed or approved by the Secretary. (c) If, pursuant to a determination by the Sec- retary under subsection (a) of this section, any census is not taken in a possession or area over which the United States exercises jurisdiction, control, or sovereignty, the Secretary may in- clude data obtained from other Federal agencies or government sources in the census report. Any data obtained from foreign governments shall be obtained through the Secretary of State. (Added Pub. L. 85–207, § 14, Aug. 28, 1957, 71 Stat. 483; amended Pub. L. 94–521, § 9, Oct. 17, 1976, 90 Stat. 2463.) Editorial Notes AMENDMENTS 1976—Subsec. (a). Pub. L. 94–521 struck out ‘‘(other than censuses of population)’’ after ‘‘this chapter’’ and ‘‘Alaska, Hawaii’’ after ‘‘the District of Columbia’’, in- serted ‘‘the Commonwealth of the Northern Mariana Is- lands’’ after ‘‘Guam’’, and struck out provision that censuses of population shall include all geographic areas referred to in first sentence of subsec. (a). Subsec. (b). Pub. L. 94–521 inserted ‘‘the Common- wealth of the Northern Mariana Islands’’ after ‘‘Guam’’, and substituted ‘‘use census information’’ for ‘‘utilize or adopt census data’’ and ‘‘if such information was obtained’’ for ‘‘when such data are obtained’’. Subsec. (c). Pub. L. 94–521 substituted ‘‘If, pursuant to a determination by the Secretary under subsection (a) of this section’’ for ‘‘When, under determination by the Secretary as provided in paragraph (a) above’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–521 effective Oct. 17, 1976, see section 17 of Pub. L. 94–521, set out as a note under section 1 of this title. Executive Documents ADMISSION OF ALASKA AND HAWAII TO STATEHOOD Alaska was admitted into the Union on Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, and Hawaii was admitted into the Union on Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74. For Alaska Statehood Law, see Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as a note preceding section 21 of Title 48, Territories and Insular Possessions. For Hawaii Statehood Law, see Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as a note preceding section 491 of Title 48. § 193. Preliminary and supplemental statistics In advance of, in conjunction with, or after the taking of each census provided for by this chap- ter, the Secretary may make surveys and collect such preliminary and supplementary statistics related to the main topic of the census as are necessary to the initiation, taking, or comple- tion thereof. (Added Pub. L. 85–207, § 14, Aug. 28, 1957, 71 Stat. 484.) § 195. Use of sampling Except for the determination of population for purposes of apportionment of Representatives in Congress among the several States, the Sec- retary shall, if he considers it feasible, authorize the use of the statistical method known as ‘‘sampling’’ in carrying out the provisions of this title. (Added Pub. L. 85–207, § 14, Aug. 28, 1957, 71 Stat. 484; amended Pub. L. 94–521, § 10, Oct. 17, 1976, 90 Stat. 2464.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–521 substituted ‘‘for purposes of ap- portionment of Representatives in Congress among the several States, the Secretary shall, if he considers it feasible’’ for ‘‘for apportionment purposes, the Sec- retary may, where he deems it appropriate’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–521 effective Oct. 17, 1976, see section 17 of Pub. L. 94–521, set out as a note under section 1 of this title. § 196. Special censuses The Secretary may conduct special censuses for the government of any State, or of any coun- ty, city, or other political subdivision within a State, for the government of the District of Co- lumbia, and for the government of any posses- sion or area (including political subdivisions thereof) referred to in section 191(a) of this title, on subjects covered by the censuses provided for in this title, upon payment to the Secretary of the actual or estimated cost of each such special census. The results of each such special census shall be designated ‘‘Official Census Statistics’’. These statistics may be used in the manner pro- vided by applicable law. (Added Pub. L. 94–521, § 11(a), Oct. 17, 1976, 90 Stat. 2464.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 17, 1976, see section 17 of Pub. L. 94–521, set out as a note under section 1 of this title. SPECIAL CENSUS WHEN MAJOR POPULATION CHANGES OCCUR DUE TO LARGE NUMBERS OF LEGAL IMMI- GRANTS WITHIN SIX MONTHS OF REGULAR DECENNIAL CENSUS DATE Pub. L. 96–369, § 118, Oct. 1, 1980, 94 Stat. 1357, provided that: ‘‘Notwithstanding any other provision of law, when the President determines that a State, county, or local unit of general purpose government is signifi- cantly affected by a major population change due to a large number of legal immigrants within six months of a regular decennial census date, he may order a special census, pursuant to section 196 of title XIII of the United States Code [this section], or other method of obtaining a revised estimate of the population, of such jurisdiction or subsections of that jurisdiction in which the immigrants are concentrated. If the President de- cides to conduct a special census, it may be conducted solely at Federal expense.’’ Executive Documents EXECUTIVE ORDER NO. 12256 Ex. Ord. No. 12256, Dec. 15, 1980, 45 F.R. 83189, which required the Bureau of the Census to supply estimates of the number of legal immigrants within certain juris- dictions, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.