Notes on 13 U.S.C. § 141 : US Code - Notes

Search Notes on 13 U.S.C. § 141 : US Code - Notes

(Aug. 31, 1954, ch. 1158, 68 Stat. 1019; Pub. L. 85-207, Sec. 9,
Aug. 28, 1957, 71 Stat. 483; Pub. L. 94-171, Secs. 1, 2(a), Dec.
23, 1975, 89 Stat. 1023, 1024; Pub. L. 94-521, Sec. 7(a), Oct. 17,
1976, 90 Stat. 2461.)
HISTORICAL AND REVISION NOTES
Based on title 13, U.S.C., 1952 ed., Sec. 201 (June 18, 1929, ch.
28, Sec. 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 Director of the Census, to
conform with 1950 Reorganization Plan No. 5, Secs. 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 "distribution" and
"mines" should also be taken was omitted as superseded by section
121 of title 13, U.S.C., 1952 ed. (enacted in 1948), the provisions
of which were carried 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 carried into this revised section, could not, except,
possibly, for the provisions thereof relating to the territorial
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 applicable.
Changes were made in phraseology.
AMENDMENTS
1976 - Pub. L. 94-521 substituted "Population and other census
information" for "Population, unemployment, and housing" in section
catchline, without reference 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 "census of population,
unemployment, and housing (including 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 authorizing the
Secretary to take the decennial census in whatever form and content
he determines, using sampling procedures and special surveys, and
authorizing him to obtain other such census information as is
necessary, in connection with the decennial census.
Subsec. (b). Pub. L. 94-521 inserted "under subsection (a) of
this section" after "population by States", inserted "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, Sec. 2(a), inserted "; tabulation for
legislative apportionment" in section catchline.
Subsec. (c). Pub. L. 94-171, Sec. 1, added subsec. (c).
1957 - Pub. L. 85-207 substituted "Population, unemployment, and
housing" for "Population, agriculture, irrigation, drainage, and
unemployment; territory excluded" in section catchline; inserted in
text housing census provisions, struck out census coverage of
agriculture, irrigation, and drainage and geographical provisions,
and designated existing provisions as so amended as subsec. (a);
and added subsec. (b). Census of agriculture, irrigation, and
drainage and the geographical provisions are covered by sections
142 and 191 of this title.
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, Sec. 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 population 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 according 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 population, and section
195 of title 13, United States Code, clearly provides 'Except for
the determination of population for purposes of apportionment of
Representatives in Congress among the several States, the
Secretary 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, consistent with the
Constitution and laws of the United States;
"(7) the use of statistical sampling or statistical adjustment
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, invalid, and unconstitutional census;
"(8) the decennial enumeration of the population is a complex
and vast undertaking, and if such enumeration 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
enumeration 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 government 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 statistical 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
purposes 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 action 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 result 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 States court of appeals for each circuit shall, to the
extent 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 consider
the convenience of the parties and witnesses and efficient conduct
of such actions. Any final order or injunction 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 extent 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 Congress 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 Members 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 [set out below]
-
"(1) the term 'statistical method' means an activity related to
the design, planning, testing, or implementation of the use of
representative sampling, or any other statistical procedure,
including statistical adjustment, to add or subtract counts to or
from the enumeration of the population as a result of statistical
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 authorize the use
of any statistical method, in connection with a decennial census,
for the apportionment or redistricting 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 decennial census, without using statistical
methods, which shall result in the percentage of the total
population actually enumerated being as close to 100 percent as
possible. In both the 2000 decennial census, and any dress
rehearsal or other simulation made in preparation for the 2000
decennial census, the number of persons enumerated without using
statistical methods must be publicly available for all levels of
census geography 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 Public 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 release 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 statistical 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 capacity.
"(k) This section shall apply in fiscal year 1998 and succeeding
fiscal years."
CENSUS MONITORING BOARD
Pub. L. 105-119, title II, Sec. 210(a)-(j), Nov. 26, 1997, 111
Stat. 2483-2487, provided that:
"(a) There shall be established a board to be known as the Census
Monitoring Board (hereafter in this section referred to as the
'Board').
"(b) The function of the Board shall be to observe and monitor
all aspects of the preparation and implementation of the 2000
decennial census (including all dress rehearsals and other
simulations of a census in preparation therefor).
"(c)(1) The Board shall be composed of 8 members as follows:
"(A) Two individuals appointed by the majority leader of the
Senate.
"(B) Two individuals appointed by the Speaker of the House of
Representatives.
"(C) Four individuals appointed by the President, of whom -
"(i) one shall be on the recommendation of the minority
leader of the Senate; and
"(ii) one shall be on the recommendation of the minority
leader of the House of Representatives.
All members of the Board shall be appointed within 60 days after
the date of enactment of this Act [Nov. 26, 1997]. A vacancy in the
Board shall be filled in the manner in which the original
appointment was made.
"(2) Members shall not be entitled to any pay by reason of their
service on the Board, but shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with sections 5702
and 5703 of title 5, United States Code.
"(3) The Board shall have -
"(A) a co-chairman who shall be appointed jointly by the
members under subsection (c)(1)(A) and (B), and
"(B) a co-chairman who shall be appointed jointly by the
members under subsection (c)(1)(C).
"(4) The Board shall meet at the call of either co-chairman.
"(5) A quorum shall consist of five members of the Board.
"(6) The Board may promulgate any regulations necessary to carry
out its duties.
"(d)(1) The Board shall have -
"(A) an executive director who shall be appointed jointly by
the members under subsection (c)(1)(A) and (B), and
"(B) an executive director who shall be appointed jointly by
the members under subsection (c)(1)(C),
each of whom shall be paid at a rate not to exceed level IV of the
Executive Schedule.
"(2) Subject to such rules as the Board may prescribe, each
executive director -
"(A) may appoint and fix the pay of such additional personnel
as that executive director considers appropriate; and
"(B) may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the maximum
annual rate of pay payable for grade GS-15 of the General
Schedule.
Such rules shall include provisions to ensure an equitable division
or sharing of resources, as appropriate, between the respective
staff of the Board.
"(3) The staff of the Board shall be appointed without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title (relating to classification and General
Schedule pay rates).
"(4) The Administrator of the General Services Administration, in
coordination with the Secretary of Commerce, shall locate suitable
office space for the operation of the Board in the W. Edwards
Deming Building in Suitland, Maryland. The facilities shall serve
as the headquarters of the Board and shall include all necessary
equipment and incidentals required for the proper functioning of
the Board.
"(e)(1) For the purpose of carrying out its duties, the Board may
hold such hearings (at the call of either co-chairman) and
undertake such other activities as the Board determines to be
necessary to carry out its duties.
"(2) The Board may authorize any member of the Board or of its
staff to take any action which the Board is authorized to take by
this subsection.
"(3)(A) Each co-chairman of the Board and any members of the
staff who may be designated by the Board under this paragraph shall
be granted access to any data, files, information, or other matters
maintained by the Bureau of the Census (or received by it in the
course of conducting a decennial census of population) which they
may request, subject to such regulations as the Board may prescribe
in consultation with the Secretary of Commerce.
"(B) The Board or the co-chairmen acting jointly may secure
directly from any other Federal agency, including the White House,
all information that the Board considers necessary to enable the
Board to carry out its duties. Upon request of the Board or both co-
chairmen, the head of that agency (or other person duly designated
for purposes of this paragraph) shall furnish that information to
the Board.
"(4) The Board shall prescribe regulations under which any member
of the Board or of its staff, and any person whose services are
procured under subsection (d)(2)(B), who gains access to any
information or other matter pursuant to this subsection shall, to
the extent that any provisions of section 9 or 214 of title 13,
United States Code, would apply with respect to such matter in the
case of an employee of the Department of Commerce, be subject to
such provisions.
"(5) Upon the request of the Board, the head of any Federal
agency is authorized to detail, without reimbursement, any of the
personnel of such agency to the Board to assist the Board in
carrying out its duties. Any such detail shall not interrupt or
otherwise affect the civil service status or privileges of the
Federal employee.
"(6) Upon the request of the Board, the head of a Federal agency
shall provide such technical assistance to the Board as the Board
determines to be necessary to carry out its duties.
"(7) The Board may use the United States mails in the same manner
and under the same conditions as Federal agencies and shall, for
purposes of the frank, be considered a commission of Congress as
described in section 3215 of title 39, United States Code.
"(8) Upon request of the Board, the Administrator of General
Services shall provide to the Board on a reimbursable basis such
administrative support services as the Board may request.
"(9) For purposes of costs relating to printing and binding,
including the cost of personnel detailed from the Government
Printing Office, the Board shall be deemed to be a committee of the
Congress.
"(f)(1) The Board shall transmit to the Congress -
"(A) interim reports, with the first such report due by April
1, 1998;
"(B) additional reports, the first of which shall be due by
February 1, 1999, the second of which shall be due by April 1,
1999, and subsequent reports at least semiannually thereafter;
"(C) a final report which shall be due by September 1, 2001;
and
"(D) any other reports which the Board considers appropriate.
The final report shall contain a detailed statement of the findings
and conclusions of the Board with respect to the matters described
in subsection (b).
"(2) In addition to any matter otherwise required under this
subsection, each such report shall address, with respect to the
period covered by such report -
"(A) the degree to which efforts of the Bureau of the Census to
prepare to conduct the 2000 census -
"(i) shall achieve maximum possible accuracy at every level
of geography;
"(ii) shall be taken by means of an enumeration process
designed to count every individual possible; and
"(iii) shall be free from political bias and arbitrary
decisions; and
"(B) efforts by the Bureau of the Census intended to contribute
to enumeration improvement, specifically, in connection with -
"(i) computer modernization and the appropriate use of
automation;
"(ii) address list development;
"(iii) outreach and promotion efforts at all levels designed
to maximize response rates, especially among groups that have
historically been undercounted (including measures undertaken
in conjunction with local government and community and other
groups);
"(iv) establishment and operation of field offices; and
"(v) efforts relating to the recruitment, hiring, and
training of enumerators.
"(3) Any data or other information obtained by the Board under
this section shall be made available to any committee or
subcommittee of Congress of appropriate jurisdiction upon request
of the chairman or ranking minority member of such committee or
subcommittee. No such committee or subcommittee, or member thereof,
shall disclose any information obtained under this paragraph which
is submitted to it on a confidential basis unless the full
committee determines that the withholding of that information is
contrary to the national interest.
"(4) The Board shall study and submit to Congress, as part of its
first report under paragraph (1)(A), its findings and
recommendations as to the feasibility and desirability of using
postal personnel or private contractors to help carry out the
decennial census.
"(g) There is authorized to be appropriated $4,000,000 for each
of fiscal years 1998 through 2001 to carry out this section.
"(h) To the extent practicable, members of the Board shall work
to promote the most accurate and complete census possible by using
their positions to publicize the need for full and timely responses
to census questionnaires.
"(i)(1) No individual described in paragraph (2) shall be
eligible -
"(A) to be appointed or to continue serving as a member of the
Board or as a member of the staff thereof; or
"(B) to enter into any contract with the Board.
"(2) This subsection applies with respect to any individual who
is serving or who has ever served -
"(A) as the Director of the Census; or
"(B) with any committee or subcommittee of either House of
Congress, having jurisdiction over any aspect of the decennial
census, as -
"(i) a Member of Congress; or
"(ii) a congressional employee.
"(j) The Board shall cease to exist on September 30, 2001."
CENSUS DATA ON GRANDPARENTS AS PRIMARY CAREGIVERS FOR THEIR
GRANDCHILDREN
Pub. L. 104-193, title I, Sec. 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 collection efforts of the Bureau of the Census (in
this section 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
grandchildren. The expanded question shall be formulated to
distinguish between the following households:
"(1) A household in which a grandparent temporarily provides a
home for a grandchild for a period of weeks or months during
periods of parental distress.
"(2) A household in which a grandparent provides a home for a
grandchild and serves as the primary caregiver 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, provided 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 interim 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, Sec. 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 homeless persons for the most recent decennial census
conducted pursuant to this title, to determine the accuracy of such
count, and report to the Congress the results of that study.
MONITORING ECONOMIC PROGRESS OF RURAL AMERICA
Pub. L. 101-624, title XXIII, Sec. 2382, Nov. 28, 1990, 104 Stat.
4050, provided that Director of Bureau of the Census was to expand
data collection efforts of Bureau to enable it to collect
statistically significant data concerning changing economic
condition of rural counties and communities in United States,
including data on rural employment, poverty, income, and other
information concerning rural labor force, and authorized to be
appropriated $1,000,000 for each fiscal year for such efforts,
prior to repeal by Pub. L. 104-127, title VII, Sec. 707, Apr. 4,
1996, 110 Stat. 1112.
AMERICANS OF SPANISH ORIGIN OR DESCENT; STUDY FOR DEVELOPMENT OF
CREDITABLE ESTIMATES IN FUTURE CENSUSES
Pub. L. 94-311, Sec. 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 immediately undertake a study to
determine what steps would be necessary for developing creditable
estimates of undercounts of Americans of Spanish origin or descent
in future censuses."
NEEDS AND CONCERNS OF SPANISH-ORIGIN POPULATION; USE OF SPANISH
LANGUAGE QUESTIONNAIRES AND BILINGUAL ENUMERATORS
Pub. L. 94-311, Sec. 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 Secretary."