§ 141. — Population and other census information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC141]
TITLE 13--CENSUS
CHAPTER 5--CENSUSES
SUBCHAPTER II--POPULATION, HOUSING, AND UNEMPLOYMENT
Sec. 141. Population and other census information
(a) The Secretary shall, in the year 1980 and every 10 years
thereafter, take a decennial census of population as of the first day of
April of such year, which date shall be known as the ``decennial census
date'', in such form and content as he may determine, including the use
of sampling procedures and special surveys. In connection with any such
census, the Secretary is authorized to obtain such other census
information as necessary.
(b) The tabulation of total population by States under subsection
(a) of this section as required 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 geographic areas for which specific
tabulations of population are desired. Each such plan shall be developed
in accordance with criteria established by the Secretary, which he shall
furnish to such officers or public bodies not later than April 1 of the
fourth year preceding the decennial census date. Such criteria shall
include requirements which assure that such plan shall be developed in a
nonpartisan manner. Should the Secretary find that a plan submitted by
such officers or public bodies does not meet the criteria established by
him, he shall consult to the extent necessary with such officers or
public bodies in order to achieve the alterations in such plan that he
deems necessary to bring it into accord 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 identified 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 population 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 information 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 established by or under
Federal law which provides 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 available 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 appropriate census date, a
report containing the Secretary's determination of the subjects
proposed to be included, and the types of information to be
compiled, in such census;
(2) not later than 2 years before the appropriate 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 paragraph (1) or (2) of
this subsection and before the appropriate census date, if the
Secretary finds new circumstances exist which necessitate that the
subjects, types of information, or questions contained in reports so
submitted be modified, a report containing the Secretary's
determination of the subjects, types of information, or questions as
proposed to be modified.
(g) As used in this section, ``census of population'' 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, 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, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Decennial Census Improvement Act of
1991'.
``SEC. 2. STUDY.
``(a) In General.--The Secretary of Commerce shall, within 30 days
after the date of enactment of this Act [Oct. 24, 1991], and subject to
the availability of appropriations, contract with the National Academy
of Sciences (hereinafter in this Act referred to as the `Academy') to
study--
``(1) means by which the Government could achieve the most
accurate population count possible; and
``(2) consistent with the goal under paragraph (1), ways for the
Government to collect other demographic and housing data.
``(b) Specific Considerations.--In conducting its study, the Academy
shall consider such matters as--
``(1) with respect to subsection (a)(1)--
``(A) ways to improve the Government's enumeration methods,
especially with regard to those involving the direct collection
of data from respondents;
``(B) alternative methods for collecting the data needed for
a basic population count, such as any involving administrative
records, information from subnational or other surveys, and
cumulative or rolling data-collection techniques; and
``(C) the appropriateness of using sampling methods, in
combination with basic data-collection techniques or otherwise,
in the acquisition or refinement of population data, including a
review of the accuracy of the data for different levels of
geography (such as States, places, census tracts and census
blocks); and
``(2) with respect to subsection (a)(2)--
``(A) the degree to which a continuing need is anticipated
with respect to the types of data (besides data relating to the
basic population count) which were collected through the last
decennial census; and
``(B) with respect to data for which such a need is
anticipated, whether there are more effective ways to collect
information using traditional methods and whether alternative
sources or methodologies exist or could be implemented for
obtaining reliable information in a timely manner.
``(c) Reports.--(1) The Academy shall submit to the Secretary and to
the Committee on Post Office and Civil Service of the House of
Representatives and the committee on Governmental Affairs of the
Senate--
``(A) within 18 months after the date on which a contract is
entered into under subsection (a), an interim report on its
activities under this Act; and
``(B) within 36 months after the date on which a contract is
entered into under subsection (a), a final report which shall
include a detailed statement of the Academy's findings and
conclusions, as well as recommendations for any legislation or
administrative action which the Academy considers appropriate.
``(2) With respect to each alternative proposed or discussed in its
final report, the Academy shall include--
``(A) an evaluation of such alternative's relative advantages
and disadvantages, as well as an analysis of its cost effectiveness;
and
``(B) for any alternative that does not involve the direct
collection of data from individuals (about themselves or members of
their household), an analysis of such alternative's potential
effects on--
``(i) privacy;
``(ii) public confidence in the census; and
``(iii) the integrity of the census.''
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 the date of the enactment
of this Act [Nov. 29, 1990], the General Accounting Office shall 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 title 13, United States Code, 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.''
Section Referred to in Other Sections
This section is referred to in section 181 of this title.
