13 U.S.C. § 141 — Population and other census information

Page 19 TITLE 13—CENSUS § 141 chapter I; substituted in item 141 ‘‘Population, unem- ployment, and housing’’ for ‘‘Population, agriculture, irrigation, drainage, and unemployment; territory in- cluded’’, and in item 142 ‘‘Agriculture, irrigation, and drainage.’’ for ‘‘Housing, scope of inquiries; territory included; supplementary statistics.’’, struck out items 143 to 146, 162 and 163; and added Subchapter V. SUBCHAPTER I—MANUFACTURES, MIN- ERAL INDUSTRIES, AND OTHER BUSI- NESSES § 131. Collection and publication; five-year peri- ods The Secretary shall take, compile, and publish censuses of manufactures, of mineral industries, and of other businesses, including the distribu- tive trades, service establishments, and trans- portation (exclusive of means of transportation for which statistics are required by law to be filed with, and are compiled and published by, a designated regulatory body), in the year 1964, then in the year 1968, and every fifth year there- after, and each such census shall relate to the year immediately preceding the taking thereof. (Aug. 31, 1954, ch. 1158, 68 Stat. 1019; Pub. L. 85–207, § 8, Aug. 28, 1957, 71 Stat. 482; Pub. L. 88–532, Aug. 31, 1964, 78 Stat. 737.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., § 121 (June 19, 1948, ch. 502, § 1, 62 Stat. 478; June 18, 1954, ch. 315, 68 Stat. 258). Section was subsection (a) of section 121 of title 13, U.S.C., 1952 ed. The remainder of such section 121, which constituted subsection (b) thereof, is incor- porated in subchapter IV of this chapter. At the beginning, ‘‘The Secretary’’, meaning the Sec- retary of Commerce, was substituted for a reference to the Director of the Bureau of the Census, and, at the end, the provision that the territorial scope of the cen- suses should be determined by the Secretary was sub- stituted for the provision of section 121 of title 13, U.S.C., 1952 ed., that such determination should be made by the Director with the approval of the Sec- retary, to conform with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, which transferred all functions of all officers and employees, agencies and bureaus of the Department of Commerce to the Secretary. However, the Secretary, under that plan, may delegate any of such transferred functions, as well as any other of his functions, to any of such of- ficers, employees, agencies and bureaus. See, also, sec- tion 4 of this title. The reference in section 121 of title 13, U.S.C., 1952 ed., to the year ‘‘1949’’ as the year for commencement of the quinquennial censuses was changed to the year ‘‘1954’’, since the former designation is obsolete, and the provision of such section that the census of manu- facturers should not be taken in 1949 was omitted as ob- solete. Changes were made in phraseology. Editorial Notes AMENDMENTS 1964—Pub. L. 88–532 substituted ‘‘in the year 1964, then in the year 1968, and’’ for ‘‘in the year 1954 and’’ and struck out provisions which related to the taking of certain censuses in the year 1955. 1957—Pub. L. 85–207 struck out sentence which in- cluded the United States and its territories and such possessions as the Secretary might determine in the censuses to be taken. See section 191 of this title. Statutory Notes and Related Subsidiaries CENSUS DATA ON WOMEN OWNED BUSINESSES; STUDY AND REPORT Pub. L. 100–533, title V, § 501, Oct. 25, 1988, 102 Stat. 2697, provided that: ‘‘(a) BUREAU OF LABOR STATISTICS.—The Bureau of Labor Statistics of the Department of Labor shall in- clude in any census report it may prepare on women owned business data on— ‘‘(1) sole proprietorships; ‘‘(2) partnerships; and ‘‘(3) corporations. ‘‘(b) BUREAU OF THE CENSUS.—The Bureau of the Cen- sus of the Department of Commerce shall include in its Business Census for 1992 and each such succeeding cen- sus data on the number of corporations which are 51 per centum or more owned by women. ‘‘(c) COMBINED STUDY.—Not later than one hundred and eighty days after the effective date of this section [Oct. 25, 1988], the Office of the Chief Counsel for Advo- cacy of the Small Business Administration (hereinafter referred to in this subsection as the ‘Office’) shall con- duct a study and prepare a report recommending the most cost effective and accurate means to gather and present the data required to be collected pursuant to subsections (a) and (b). The Department of Commerce and the Department of Labor shall provide the Office such assistance and cooperation as may be necessary and appropriate to achieve the purposes of this sub- section.’’ § 132. Controlling law; effect on other agencies To the extent that the provisions of this sub- chapter or subchapter IV of this chapter conflict with any other provision of this title or other law, pertaining to the Secretary of the Depart- ment of Commerce, the provisions of this title shall control; but nothing in this title shall be deemed to revoke or impair the authority of any other Federal agency with respect to the collec- tion or release of information. (Aug. 31, 1954, ch. 1158, 68 Stat. 1019.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., § 123 (June 19, 1948, ch. 502, § 3, 62 Stat. 479). Section was derived from all of section 123 of title 13, U.S.C., 1952 ed., except the first sentence. That sen- tence is incorporated with other provisions in chapter 1 of this title. See Distribution Table. The reference ‘‘Secretary or Department of Com- merce’’ was substituted for reference to the Bureau of the Census to conform with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title. Changes were made in phraseology. SUBCHAPTER II—POPULATION, HOUSING, AND UNEMPLOYMENT Editorial Notes AMENDMENTS 1997—Pub. L. 105–113, § 3(b)(1), Nov. 21, 1997, 111 Stat. 2275, substituted ‘‘POPULATION, HOUSING, AND UN- EMPLOYMENT’’ for ‘‘POPULATION, HOUSING, AGRI- CULTURE, IRRIGATION,, AND UNEMPLOYMENT’’. 1986—Pub. L. 99–544, § 1(b), Oct. 27, 1986, 100 Stat. 3046, struck out ‘‘DRAINAGE’’ after ‘‘IRRIGATION,’’. § 141. Population and other census information (a) The Secretary shall, in the year 1980 and every 10 years thereafter, take a decennial cen- sus of population as of the first day of April of Page 20 TITLE 13—CENSUS § 141 such year, which date shall be known as the ‘‘de- cennial census date’’, in such form and content as he may determine, including the use of sam- pling procedures and special surveys. In connec- tion with any such census, the Secretary is au- thorized to obtain such other census informa- tion as necessary. (b) The tabulation of total population by States under subsection (a) of this section as re- quired for the apportionment of Representatives in Congress among the several States shall be completed within 9 months after the census date and reported by the Secretary to the President of the United States. (c) The officers or public bodies having initial responsibility for the legislative apportionment or districting of each State may, not later than 3 years before the decennial census date, submit to the Secretary a plan identifying the geo- graphic areas for which specific tabulations of population are desired. Each such plan shall be developed in accordance with criteria estab- lished by the Secretary, which he shall furnish to such officers or public bodies not later than April 1 of the fourth year preceding the decen- nial census date. Such criteria shall include re- quirements which assure that such plan shall be developed in a nonpartisan manner. Should the Secretary find that a plan submitted by such of- ficers or public bodies does not meet the criteria established by him, he shall consult to the ex- tent necessary with such officers or public bod- ies in order to achieve the alterations in such plan that he deems necessary to bring it into ac- cord with such criteria. Any issues with respect to such plan remaining unresolved after such consultation shall be resolved by the Secretary, and in all cases he shall have final authority for determining the geographic format of such plan. Tabulations of population for the areas identi- fied in any plan approved by the Secretary shall be completed by him as expeditiously as possible after the decennial census date and reported to the Governor of the State involved and to the officers or public bodies having responsibility for legislative apportionment or districting of such State, except that such tabulations of pop- ulation of each State requesting a tabulation plan, and basic tabulations of population of each other State, shall, in any event, be completed, reported, and transmitted to each respective State within one year after the decennial census date. (d) Without regard to subsections (a), (b), and (c) of this section, the Secretary, in the year 1985 and every 10 years thereafter, shall conduct a mid-decade census of population in such form and content as he may determine, including the use of sampling procedures and special surveys, taking into account the extent to which infor- mation to be obtained from such census will serve in lieu of information collected annually or less frequently in surveys or other statistical studies. The census shall be taken as of the first day of April of each such year, which date shall be known as the ‘‘mid-decade census date’’. (e)(1) If— (A) in the administration of any program es- tablished by or under Federal law which pro- vides benefits to State or local governments or to other recipients, eligibility for or the amount of such benefits would (without regard to this paragraph) be determined by taking into account data obtained in the most recent decennial census, and (B) comparable data is obtained in a mid- decade census conducted after such decennial census, then in the determination of such eligibility or amount of benefits the most recent data avail- able from either the mid-decade or decennial census shall be used. (2) Information obtained in any mid-decade census shall not be used for apportionment of Representatives in Congress among the several States, nor shall such information be used in prescribing congressional districts. (f) With respect to each decennial and mid- decade census conducted under subsection (a) or (d) of this section, the Secretary shall submit to the committees of Congress having legislative jurisdiction over the census— (1) not later than 3 years before the appro- priate census date, a report containing the Secretary’s determination of the subjects pro- posed to be included, and the types of informa- tion to be compiled, in such census; (2) not later than 2 years before the appro- priate census date, a report containing the Secretary’s determination of the questions proposed to be included in such census; and (3) after submission of a report under para- graph (1) or (2) of this subsection and before the appropriate census date, if the Secretary finds new circumstances exist which neces- sitate that the subjects, types of information, or questions contained in reports so submitted be modified, a report containing the Sec- retary’s determination of the subjects, types of information, or questions as proposed to be modified. (g) As used in this section, ‘‘census of popu- lation’’ means a census of population, housing, and matters relating to population and housing. (Aug. 31, 1954, ch. 1158, 68 Stat. 1019; Pub. L. 85–207, § 9, Aug. 28, 1957, 71 Stat. 483; Pub. L. 94–171, §§ 1, 2(a), Dec. 23, 1975, 89 Stat. 1023, 1024; Pub. L. 94–521, § 7(a), Oct. 17, 1976, 90 Stat. 2461.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., § 201 (June 18, 1929, ch. 28, § 1, 46 Stat. 21; May 17, 1932, ch. 190, 47 Stat. 158). References to the Secretary, meaning the Secretary of Commerce, were substituted for references to the Di- rector of the Census, to conform with 1950 Reorganiza- tion Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title. The provision for taking the censuses in ‘‘1930 and every ten years thereafter’’ was changed to ‘‘1960 and every ten years thereafter’’ since the censuses for the years 1930, 1940 and 1950 have been completed. The requirement that decennial censuses of ‘‘dis- tribution’’ and ‘‘mines’’ should also be taken was omit- ted as superseded by section 121 of title 13, U.S.C., 1952 ed. (enacted in 1948), the provisions of which were car- ried into subchapter I of this chapter. Section 1442 of title 42, U.S.C., 1952 ed., the Public Health and Welfare (which section has been transferred in its entirety to this revised title), made all provisions of chapter 4 of title 13, U.S.C., 1952 ed., applicable to the housing censuses provided for in such section. However, section 201 of such title 13 (which section was a part of such chapter 4), which, as indicated above, has been Page 21 TITLE 13—CENSUS § 141 carried into this revised section, could not, except, pos- sibly, for the provisions thereof relating to the terri- torial scope of the censuses and to the census duties of the governors of Guam, Samoa, the Virgin Islands, and the Canal Zone, have any relevancy to such housing censuses, and such section 1442 of title 42, U.S.C., 1952 ed., contained its own provisions relating to territorial scope of the housing censuses. Therefore the provisions of this revised section have not been made so applica- ble. Changes were made in phraseology. Editorial Notes AMENDMENTS 1976—Pub. L. 94–521 substituted ‘‘Population and other census information’’ for ‘‘Population, unemploy- ment, and housing’’ in section catchline, without ref- erence to amendment of catchline by Pub. L. 94–171. Subsec. (a). Pub. L. 94–521 substituted ‘‘1980’’ for ‘‘1960’’ and ‘‘decennial census of population’’ for ‘‘cen- sus of population, unemployment, and housing (includ- ing utilities and equipment)’’, inserted ‘‘of such year’’ after ‘‘April’’, substituted ‘‘which date shall be known as the decennial census date’’ for ‘‘which shall be known as the census date’’, and inserted provisions au- thorizing the Secretary to take the decennial census in whatever form and content he determines, using sam- pling procedures and special surveys, and authorizing him to obtain other such census information as is nec- essary, in connection with the decennial census. Subsec. (b). Pub. L. 94–521 inserted ‘‘under subsection (a) of this section’’ after ‘‘population by States’’, in- serted ‘‘in Congress among the several States’’ after ‘‘Representatives’’, and substituted ‘‘9 months after the census date’’ for ‘‘eight months of the census date’’. Subsec. (c). Pub. L. 94–521 substituted ‘‘the decennial census date’’ for ‘‘the census date’’ wherever appearing. Subsecs. (d) to (g). Pub. L. 94–521 added subsecs. (d) to (g). 1975—Pub. L. 94–171, § 2(a), inserted ‘‘; tabulation for legislative apportionment’’ in section catchline. Subsec. (c). Pub. L. 94–171, § 1, added subsec. (c). 1957—Pub. L. 85–207 substituted ‘‘Population, unem- ployment, and housing’’ for ‘‘Population, agriculture, irrigation, drainage, and unemployment; territory ex- cluded’’ in section catchline; inserted in text housing census provisions, struck out census coverage of agri- culture, irrigation, and drainage and geographical pro- visions, and designated existing provisions as so amended as subsec. (a); and added subsec. (b). Census of agriculture, irrigation, and drainage and the geo- graphical provisions are covered by sections 142 and 191 of this title. 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. STATISTICAL SAMPLING OR ADJUSTMENT IN DECENNIAL ENUMERATION OF POPULATION Pub. L. 105–119, title II, § 209, Nov. 26, 1997, 111 Stat. 2480, provided that: ‘‘(a) Congress finds that— ‘‘(1) it is the constitutional duty of the Congress to ensure that the decennial enumeration of the popu- lation is conducted in a manner consistent with the Constitution and laws of the United States; ‘‘(2) the sole constitutional purpose of the decennial enumeration of the population is the apportionment of Representatives in Congress among the several States; ‘‘(3) section 2 of the 14th article of amendment to the Constitution clearly states that Representatives are to be ‘apportioned among the several States ac- cording to their respective numbers, counting the whole number of persons in each State’; ‘‘(4) article I, section 2, clause 3 of the Constitution clearly requires an ‘actual Enumeration’ of the popu- lation, and section 195 of title 13, United States Code, clearly provides ‘Except for the determination of pop- ulation for purposes of apportionment of Representa- tives 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.’; ‘‘(5) the decennial enumeration of the population is one of the most critical constitutional functions our Federal Government performs; ‘‘(6) it is essential that the decennial enumeration of the population be as accurate as possible, con- sistent with the Constitution and laws of the United States; ‘‘(7) the use of statistical sampling or statistical ad- justment in conjunction with an actual enumeration to carry out the census with respect to any segment of the population poses the risk of an inaccurate, in- valid, and unconstitutional census; ‘‘(8) the decennial enumeration of the population is a complex and vast undertaking, and if such enu- meration is conducted in a manner that does not comply with the requirements of the Constitution or laws of the United States, it would be impracticable for the States to obtain, and the courts of the United States to provide, meaningful relief after such enu- meration has been conducted; and ‘‘(9) Congress is committed to providing the level of funding that is required to perform the entire range of constitutional census activities, with a particular emphasis on accurately enumerating all individuals who have historically been undercounted, and toward this end, Congress expects— ‘‘(A) aggressive and innovative promotion and outreach campaigns in hard-to-count communities; ‘‘(B) the hiring of enumerators from within those communities; ‘‘(C) continued cooperation with local govern- ment on address list development; and ‘‘(D) maximized census employment opportunities for individuals seeking to make the transition from welfare to work. ‘‘(b) Any person aggrieved by the use of any statis- tical method in violation of the Constitution or any provision of law (other than this Act [see Tables for classification]), in connection with the 2000 or any later decennial census, to determine the population for pur- poses of the apportionment or redistricting of Members in Congress, may in a civil action obtain declaratory, injunctive, and any other appropriate relief against the use of such method. ‘‘(c) For purposes of this section— ‘‘(1) the use of any statistical method as part of a dress rehearsal or other simulation of a census in preparation for the use of such method, in a decennial census, to determine the population for purposes of the apportionment or redistricting of Members in Congress shall be considered the use of such method in connection with that census; and ‘‘(2) the report ordered by title VIII of Public Law 105–18 [111 Stat. 217] and the Census 2000 Operational Plan shall be deemed to constitute final agency ac- tion regarding the use of statistical methods in the 2000 decennial census, thus making the question of their use in such census sufficiently concrete and final to now be reviewable in a judicial proceeding. ‘‘(d) For purposes of this section, an aggrieved person (described in subsection (b)) includes— ‘‘(1) any resident of a State whose congressional representation or district could be changed as a re- sult of the use of a statistical method challenged in the civil action; ‘‘(2) any Representative or Senator in Congress; and ‘‘(3) either House of Congress. ‘‘(e)(1) Any action brought under this section shall be heard and determined by a district court of three judges in accordance with section 2284 of title 28, United States Code. The chief judge of the United Page 22 TITLE 13—CENSUS § 141 States court of appeals for each circuit shall, to the ex- tent practicable and consistent with the avoidance of unnecessary delay, consolidate, for all purposes, in one district court within that circuit, all actions pending in that circuit under this section. Any party to an action under this section shall be precluded from seeking any consolidation of that action other than is provided in this paragraph. In selecting the district court in which to consolidate such actions, the chief judge shall con- sider the convenience of the parties and witnesses and efficient conduct of such actions. Any final order or in- junction of a United States district court that is issued pursuant to an action brought under this section shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an order issued pursuant to an action brought under this section may be issued by a single Justice of the Supreme Court. ‘‘(2) It shall be the duty of a United States district court hearing an action brought under this section and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible ex- tent the disposition of any such matter. ‘‘(f) Any agency or entity within the executive branch having authority with respect to the carrying out of a decennial census may in a civil action obtain a declaratory judgment respecting whether or not the use of a statistical method, in connection with such census, to determine the population for the purposes of the apportionment or redistricting of Members in Con- gress is forbidden by the Constitution and laws of the United States. ‘‘(g) The Speaker of the House of Representatives or the Speaker’s designee or designees may commence or join in a civil action, for and on behalf of the House of Representatives, under any applicable law, to prevent the use of any statistical method, in connection with the decennial census, to determine the population for purposes of the apportionment or redistricting of Mem- bers in Congress. It shall be the duty of the Office of the General Counsel of the House of Representatives to represent the House in such civil action, according to the directions of the Speaker. The Office of the General Counsel of the House of Representatives may employ the services of outside counsel and other experts for this purpose. ‘‘(h) For purposes of this section and section 210 [for- merly set out below]— ‘‘(1) the term ‘statistical method’ means an activity related to the design, planning, testing, or implemen- tation of the use of representative sampling, or any other statistical procedure, including statistical ad- justment, to add or subtract counts to or from the enumeration of the population as a result of statis- tical inference; and ‘‘(2) the term ‘census’ or ‘decennial census’ means a decennial enumeration of the population. ‘‘(i) Nothing in this Act shall be construed to author- ize the use of any statistical method, in connection with a decennial census, for the apportionment or re- districting of Members in Congress. ‘‘(j) Sufficient funds appropriated under this Act or under any other Act for purposes of the 2000 decennial census shall be used by the Bureau of the Census to plan, test, and become prepared to implement a 2000 de- cennial census, without using statistical methods, which shall result in the percentage of the total popu- lation actually enumerated being as close to 100 per- cent as possible. In both the 2000 decennial census, and any dress rehearsal or other simulation made in prepa- ration for the 2000 decennial census, the number of per- sons enumerated without using statistical methods must be publicly available for all levels of census geog- raphy which are being released by the Bureau of the Census for: (1) all data releases before January 1, 2001; (2) the data contained in the 2000 decennial census Pub- lic Law 94–171 [amending this section] data file released for use in redistricting; (3) the Summary Tabulation File One (STF–1) for the 2000 decennial census; and (4) the official populations of the States transmitted from the Secretary of Commerce through the President to the Clerk of the House used to reapportion the districts of the House among the States as a result of the 2000 decennial census. Simultaneously with any other re- lease or reporting of any of the information described in the preceding sentence through other means, such information shall be made available to the public on the Internet. These files of the Bureau of the Census shall be available concurrently to the release of the original files to the same recipients, on identical media, and at a comparable price. They shall contain the number of persons enumerated without using sta- tistical methods and any additions or subtractions thereto. These files shall be based on data gathered and generated by the Bureau of the Census in its official ca- pacity. ‘‘(k) This section shall apply in fiscal year 1998 and succeeding fiscal years.’’ CENSUS MONITORING BOARD Pub. L. 105–119, title II, § 210(a)–(j), Nov. 26, 1997, 111 Stat. 2483–2487, established the Census Monitoring Board to observe and monitor all aspects of the prepa- ration and implementation of the 2000 decennial census, described the membership and duties of the Board, and provided for its termination on Sept. 30, 2001. CENSUS DATA ON GRANDPARENTS AS PRIMARY CAREGIVERS FOR THEIR GRANDCHILDREN Pub. L. 104–193, title I, § 105, Aug. 22, 1996, 110 Stat. 2163, provided that: ‘‘(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act [Aug. 22, 1996], the Secretary of Commerce, in carrying out section 141 of title 13, United States Code, shall expand the data col- lection efforts of the Bureau of the Census (in this sec- tion referred to as the ‘Bureau’) to enable the Bureau to collect statistically significant data, in connection with its decennial census and its mid-decade census, concerning the growing trend of grandparents who are the primary caregivers for their grandchildren. ‘‘(b) EXPANDED CENSUS QUESTION.—In carrying out subsection (a), the Secretary of Commerce shall expand the Bureau’s census question that details households which include both grandparents and their grand- children. The expanded question shall be formulated to distinguish between the following households: ‘‘(1) A household in which a grandparent tempo- rarily provides a home for a grandchild for a period of weeks or months during periods of parental dis- tress. ‘‘(2) A household in which a grandparent provides a home for a grandchild and serves as the primary care- giver for the grandchild.’’ DECENNIAL CENSUS IMPROVEMENT ACT OF 1991 Pub. L. 102–135, Oct. 24, 1991, 105 Stat. 635, known as the Decennial Census Improvement Act of 1991, pro- vided that the Secretary of Commerce was to contract with the National Academy of Sciences for a study of the means by which the Government could achieve the most accurate population count possible and ways for the Government to collect other demographic and housing data, and that the Academy was to submit to the Secretary and to committees of Congress an in- terim report and, within 36 months after the date of the contract, a final report on the study. STUDY OF COUNTING OF HOMELESS FOR NATIONAL CENSUS Pub. L. 101–645, title IV, § 402, Nov. 29, 1990, 104 Stat. 4723, provided that not later than 1 year after Nov. 29, 1990, the General Accounting Office was to conduct a study of the methodology and procedures used by the Bureau of the Census in counting the number of home- less persons for the most recent decennial census con- Page 23 TITLE 13—CENSUS § 141 ducted pursuant to this title, to determine the accu- racy of such count, and report to the Congress the re- sults of that study. MONITORING ECONOMIC PROGRESS OF RURAL AMERICA Pub. L. 101–624, title XXIII, § 2382, Nov. 28, 1990, 104 Stat. 4050, provided that Director of Bureau of the Cen- sus was to expand data collection efforts of Bureau to enable it to collect statistically significant data con- cerning changing economic condition of rural counties and communities in United States, including data on rural employment, poverty, income, and other informa- tion concerning rural labor force, and authorized to be appropriated $1,000,000 for each fiscal year for such ef- forts, prior to repeal by Pub. L. 104–127, title VII, § 707, Apr. 4, 1996, 110 Stat. 1112. AMERICANS OF SPANISH ORIGIN OR DESCENT; STUDY FOR DEVELOPMENT OF CREDITABLE ESTIMATES IN FU- TURE CENSUSES Pub. L. 94–311, § 4, June 16, 1976, 90 Stat. 688, provided that: ‘‘The Department of Commerce, in cooperation with appropriate Federal, State and local agencies and various population study groups and experts, shall im- mediately undertake a study to determine what steps would be necessary for developing creditable estimates of undercounts of Americans of Spanish origin or de- scent in future censuses.’’ NEEDS AND CONCERNS OF SPANISH-ORIGIN POPULATION; USE OF SPANISH LANGUAGE QUESTIONNAIRES AND BI- LINGUAL ENUMERATORS Pub. L. 94–311, § 5, June 16, 1976, 90 Stat. 689, provided that: ‘‘The Secretary of Commerce shall ensure that, in the Bureau of the Census data-collection activities, the needs and concerns of the Spanish-origin population are given full recognition through the use of Spanish language questionnaires, bilingual enumerators, and other such methods as deemed appropriate by the Sec- retary.’’ Executive Documents EXECUTIVE ORDER NO. 13880 Ex. Ord. No. 13880, July 11, 2019, 84 F.R. 33821, which directed Federal agencies to assist the Department of Commerce in determining the number of citizens, non- citizens, and illegal aliens in the country for purposes of the 2020 census, was revoked by Ex. Ord. 13986, § 5, Jan. 20, 2021, 86 F.R. 7016, set out below. EX. ORD. NO. 13986. ENSURING A LAWFUL AND ACCURATE ENUMERATION AND APPORTIONMENT PURSUANT TO THE DECENNIAL CENSUS Ex. Ord. No. 13986, Jan. 20, 2021, 86 F.R. 7015, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: SECTION 1. Background. We have long guaranteed all of the Nation’s inhabitants representation in the House of Representatives. This tradition is foundational to our representative democracy, for our elected rep- resentatives have a responsibility to represent the in- terests of all people residing in the United States and affected by our laws. This tradition also respects the dignity and humanity of every person. Accordingly, the executive branch has always determined the population of each State, for purposes of congressional representa- tion, without regard to whether its residents are in lawful immigration status. The census and apportionment processes are en- shrined in the Constitution. The Fourteenth Amend- ment apportions seats in the House of Representatives ‘‘among the several States according to their respec- tive numbers, counting the whole number of persons in each State.’’ (U.S. Const. amend. XIV, sec. 2.) Article I, in turn, provides that, in order to determine those numbers, an ‘‘actual Enumeration’’ of the population of the United States must be conducted every 10 years. (U.S. Const. art. I, sec. 2, cl. 3.) The Congress has as- signed responsibility for conducting the decennial cen- sus to the Secretary of Commerce (Secretary). (13 U.S.C. 141(a).) Once the Secretary, through the Director of the U.S. Census Bureau, takes the count, the President must carry out the apportionment of Representatives among the States. The Secretary prepares the ‘‘tabulation of total population by States . . . as required for the ap- portionment of Representatives,’’ and reports that tab- ulation to the President. (13 U.S.C. 141(b).) The Presi- dent then sends a statement to the Congress showing ‘‘the whole number of persons in each State,’’ as ascertained under the census, and ‘‘the number of Rep- resentatives to which each State would be entitled under’’ the equal proportions apportionment method. (2 U.S.C. 2a(a).) The Clerk of the House of Representatives then transmits to each State a certification of the number of seats that the State receives under that ap- portionment. (2 U.S.C. 2a(b).) Finally, within 1 year of the decennial census date, the Secretary must also re- port to the Governor and officers or public bodies hav- ing responsibility for legislative apportionment or dis- tricting of each State the population tabulations to be used for apportioning districts within that State. (13 U.S.C. 141(c).) At no point since our Nation’s Founding has a per- son’s immigration status alone served as a basis for ex- cluding that person from the total population count used in apportionment. Before the Civil War and the abolition of slavery, the Constitution did not give equal weight to every person counted under the census. (U.S. Const. art. 1, sec. 2.) In accord with constitutional and statutory requirements, however, every apportionment since ratification of the Fourteenth Amendment has calculated each State’s share of Representatives based on ‘‘the whole number of persons in each State,’’ ex- cluding only ‘‘Indians not taxed’’—an express constitu- tional exception that no longer has legal or practical effect. (U.S. Const. amend. XIV, sec. 2; 2 U.S.C. 2a(a).) The term ‘‘persons in each State’’ has always been un- derstood to include every person whose usual place of residence was in that State as of the designated census date. (See, e.g., Act of Mar. 1, 1790, ch. 2, secs. 1, 5, 1 Stat. 101, 103; Franklin v. Massachusetts, 505 U.S. 788, 804 (1992).) This unbroken practice has ensured that ‘‘the basis of representation in the House’’ is ‘‘every indi- vidual of the community at large.’’ (Evenwel v. Abbott, 136 S. Ct. 1120, 1127 (2016) (emphasis and quotation marks omitted).) And it reflects a sound policy judg- ment that the apportionment base be both clear and in- sulated against manipulation designed to affect the balance of power among the States. During the 2020 Census, the President announced a policy that broke from this long tradition. It aimed to produce a different apportionment base—one that would, to the maximum extent feasible, exclude per- sons who are not in a lawful immigration status. See Presidential Memorandum of July 21, 2020 (Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census) [formerly set out below]. This policy conflicted with the principle of equal representation enshrined in our Constitution, census statutes, and his- torical tradition. The policy further required the Cen- sus Bureau to inappropriately rely on records related to immigration status that were likely to be incom- plete and inaccurate. SEC. 2. Policy. Both the Fourteenth Amendment of the United States Constitution and section 2a(a) of title 2, United States Code, require that the apportion- ment base of each State, for the purpose of the reappor- tionment of Representatives following the decennial census, include all persons whose usual place of resi- dence was in that State as of the designated census date, regardless of their immigration status. These laws, affirmed by the executive branch’s longstanding historical practice, do not permit the exclusion of in- habitants of the United States from the apportionment base solely on the ground that they lack a lawful immi- 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).