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
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.
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.