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II
116TH CONGRESS
1ST SESSION
S. 201
To amend title 13, United States Code, to make clear that each decennial
census, as required for the apportionment of Representatives in Congress
among the several States, shall tabulate the total number of persons
in each State, and to provide that no information regarding United
States citizenship or immigration status may be elicited in any such
census.
IN THE SENATE OF THE UNITED STATES
JANUARY 24, 2019
Mr. MENENDEZ (for himself, Ms. HIRONO, Mr. BOOKER, Mr. BENNET, Mr.
BLUMENTHAL, Ms. CORTEZ MASTO, Mrs. GILLIBRAND, Ms. HARRIS,
Mrs. MURRAY, Mr. REED, Mr. SCHUMER, Ms. SMITH, Mr. VAN HOLLEN,
Ms. WARREN, and Mr. WHITEHOUSE) introduced the following bill; which
was read twice and referred to the Committee on Homeland Security and
Governmental Affairs
A BILL
To amend title 13, United States Code, to make clear that
each decennial census, as required for the apportionment
of Representatives in Congress among the several States,
shall tabulate the total number of persons in each State,
and to provide that no information regarding United
States citizenship or immigration status may be elicited
in any such census.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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•S 201 IS
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Every Person Counts
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Act’’.
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SEC. 2. CENSUS DATA COLLECTION.
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(a) REQUIREMENT.—Section 141(b) of title 13,
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United States Code, is amended by striking ‘‘United
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States’’ and inserting the following: ‘‘United States, and
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shall tabulate the total number of persons in each State’’.
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(b) PROHIBITION.—Section 141(a) of title 13, United
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States Code, is amended in the second sentence by striking
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‘‘as necessary’’ and inserting the following: ‘‘as necessary,
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except that the Secretary may not include any question
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or otherwise elicit any information regarding United
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States citizenship or immigration status’’.
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(c) RULES
OF CONSTRUCTION.—Nothing in sub-
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section (a) or (b) shall be construed to—
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(1) permit or require the exclusion from any de-
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cennial census of population (as defined in section
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141(g) of title 13, United States Code) of—
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(A) any person on the basis of age;
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(B) personnel in the Armed Forces (and
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their dependents) serving abroad;
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(C) Federal employees (and their depend-
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ents) stationed abroad; or
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(D) any other persons outside of the
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United States (in addition to persons described
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•S 201 IS
in subparagraph (B) or (C)) who can be traced
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to the State of their usual place of residence, as
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determined by the Secretary of Commerce; or
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(2) affect the survey conducted by the Secretary
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of Commerce that is commonly referred to as the
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‘‘American Community Survey’’.
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Æ
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