13 U.S.C. § 142 — Untitled legal text

Page 24 TITLE 13—CENSUS [§ 142 gration status. Reflecting this legal background, and the values of equal representation and respect that the Constitution and laws embody, it is the policy of the United States that reapportionment shall be based on the total number of persons residing in the several States, without regard for immigration status. It is likewise essential that the census count be accurate and based on reliable and high-quality data. SEC. 3. Ensuring that the Apportionment Base and State- Level Tabulations Include All Inhabitants of Each State. In preparing the report to the President required under section 141(b) of title 13, United States Code, the Sec- retary shall report the tabulation of total population by State that reflects the whole number of persons whose usual residence was in each State as of the des- ignated census date in section 141(a) of title 13, United States Code, without regard to immigration status. In addition, the Secretary shall use tabulations of popu- lation reflecting the whole number of persons whose usual residence was in each State as of the census date, without regard to immigration status, in reports pro- vided to the Governor and officers or public bodies hav- ing responsibility for legislative apportionment or dis- tricting of each State under section 141(c) of title 13, United States Code. SEC. 4. Data Quality. The Secretary shall take all nec- essary steps, consistent with law, to ensure that the total population information presented to the Presi- dent and to the States is accurate and complies with all applicable laws. SEC. 5. Revocation. Executive Order 13880 of July 11, 2019 (Collecting Information About Citizenship Status in Connection With the Decennial Census) [formerly set out above], and the Presidential Memorandum of July 21, 2020 (Excluding Illegal Aliens From the Apportion- ment Base Following the 2020 Census), are hereby re- voked. SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. EXCLUDING ILLEGAL ALIENS FROM THE APPORTIONMENT BASE FOLLOWING THE 2020 CENSUS Memorandum of President of the United States, July 21, 2020, 85 F.R. 44679, which excluded from the appor- tionment base aliens who are not in a lawful immigra- tion status for the purpose of the reapportionment of Representatives following the 2020 census, was revoked by Ex. Ord. No. 13986, § 5, Jan. 20, 2021, 86 F.R. 7016, set out above. [§ 142. Repealed. Pub. L. 105–113, § 3(a), Nov. 21, 1997, 111 Stat. 2275] Section, acts Aug. 31, 1954, ch. 1158, 68 Stat. 1020; Aug. 28, 1957, Pub. L. 85–207, § 10, 71 Stat. 483; Mar. 15, 1976, Pub. L. 94–229, § 1, 90 Stat. 210; Oct. 27, 1986, Pub. L. 99–544, § 1(a), 100 Stat. 3046, provided that Secretary of Commerce take periodic censuses of agriculture and ir- rigation. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1998, see section 3(d) of Pub. L. 105–113, set out as an Effective Date of 1997 Amend- ment note under section 1991 of Title 7, Agriculture. 1997 CENSUS OF AGRICULTURE Pub. L. 105–86, title I, Nov. 18, 1997, 111 Stat. 2083, pro- vided in part: ‘‘That, notwithstanding any other provi- sion of law, the Secretary of Agriculture shall conduct the 1997 Census of Agriculture, to the extent prac- ticable, pursuant to the provisions of title 13, United States Code.’’ [§§ 143 to 146. Repealed. Pub. L. 85–207, § 11, Aug. 28, 1957, 71 Stat. 483] Sections, act Aug. 31, 1954, ch. 1158, 68 Stat. 1020, re- lated to the following subject matter: Section 143, decennial census period; completion of reports upon inquiries. See section 141 of this title. Section 144, restriction on inquiries. See sections 141(a) and 142 of this title. Section 145, commencement of inquiries as to popu- lation, agriculture, and housing; time for completion. See sections 141(a) and 142(a) of this title. Section 146, mid-decade censuses of agriculture; ex- clusion of certain areas; preliminary statistics. See sec- tions 142(a), 191, and 193 of this title. SUBCHAPTER III—GOVERNMENTS § 161. Quinquennial censuses; inclusion of cer- tain data The Secretary shall take, compile, and publish for the year 1957 and for every fifth year there- after a census of governments. Each such census shall include, but shall not be limited to, data on taxes and tax valuations, governmental re- ceipts, expenditures, indebtedness, and employ- ees of States, counties, cities, and other govern- mental units. (Aug. 31, 1954, ch. 1158, 68 Stat. 1021; Pub. L. 85–207, § 12, Aug. 28, 1957, 71 Stat. 483.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., § 251 (Sept. 7, 1950, ch. 910, § 1, 64 Stat. 784). Section was derived from subsection (a) of section 251 of title 13, U.S.C., 1952 ed. For remainder of such sec- tion 251, see Distribution Table. Reference to the year 1957 was substituted for ref- erence to the year 1952, since the latter reference is now obsolete. Changes were made in phraseology. Editorial Notes AMENDMENTS 1957—Pub. L. 85–207 struck out ‘‘in the United States and in such of its Territories and possessions as may be determined by the Secretary’’ in last sentence. Geo- graphical provisions now covered by section 191 of this title. [§ 162. Repealed. Pub. L. 85–207, § 13, Aug. 28, 1957, 71 Stat. 483] Section, act Aug. 31, 1954, ch. 1158, 68 Stat. 1021, re- lated to acquisition of reports and material from gov- ernmental units, private persons, and agencies. See sec- tion 6(b) of this title. § 163. Authority of other agencies This subchapter does not revoke or impair the authority of any other Federal agency with re- spect to the collection or release of information. (Aug. 31, 1954, ch. 1158, 68 Stat. 1021.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., § 251 (Sept. 7, 1950, ch. 910, § 1, 64 Stat. 784).