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S. 2580 (115th): Every Person Counts Act

The text of the bill below is as of Mar 20, 2018 (Introduced). The bill was not enacted into law.

Summary of this bill

Should the 2020 Census include a question asking all respondents whether or not they’re an American citizen?


The Census routinely asked all U.S. residents citizenship questions from 1890 through 1950. In 1960, the citizenship question was indirectly addressed. However, from 1970 to 2000, only a sample of the U.S. population was asked about citizenship. After 2000, this and all of the other “long form” questions were moved to the annual American Community Survey which is sent to a little under four million people in the U.S.

For the 2020 Census, Commerce Secretary Wilbur Ross announced in late March that the citizenship question would be included ...



2d Session

S. 2580


March 20, 2018

(for himself, Ms. Hirono, Mr. Booker, Mr. Bennet, Mr. Blumenthal, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Gillibrand, Ms. Harris, Mr. Markey, Mrs. Murray, and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs


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.


Short title

This Act may be cited as the Every Person Counts Act.


Census data collection



Section 141(b) of title 13, United States Code, is amended by striking United States and inserting the following: United States, and shall tabulate the total number of persons in each State.



Section 141(a) of title 13, United States Code, is amended in the second sentence by striking as necessary and inserting the following: as necessary, except that the Secretary may not include any question or otherwise elicit any information regarding United States citizenship or immigration status.


Rules of construction

Nothing in subsection (a) or (b) shall be construed to—


permit or require the exclusion from any decennial census of population (as defined in section 141(g) of title 13, United States Code) of—


any person on the basis of age;


personnel in the Armed Forces (and their dependents) serving abroad;


Federal employees (and their dependents) stationed abroad; or


any other persons outside of the United States (in addition to persons described in subparagraph (B) or (C)) who can be traced to the State of their usual place of residence, as determined by the Secretary of Commerce; or


affect the survey conducted by the Secretary of Commerce that is commonly referred to as the American Community Survey.