Sec. Chapter 5.-CENSUSES SUBCHAPTER I-MANUFACTURES, MINERAL INDUSTRIES, AND OTHER BUSINESSES 131. Collection and publication; five-year periods. 132. Controlling law; effect on other agencies. SUBCHAPTER II-POPULATION, HOUSING, AGRICULTURE, 141. Population and other census information. 142. Agriculture and irrigation. SUBCHAPTER V-GEOGRAPHIC SCOPE, PRELIMINARY AND SUBCHAPTER I-MANUFACTURES, MINERAL § 131. Collection and publication; five-year periods The Secretary shall take, compile, and publish censuses of manufactures, of mineral industries, and of other businesses, including the distributive trades, service establishments, and transportation (exclusive of means of transportation for which statistics are required by law to be filed with, and are compiled and published by, a designated regulatory body), in the year 1964, then in the year 1968, and every fifth year thereafter, and each such census shall relate to the year immediately preceding the taking thereof. (Aug. 31, 1954, ch. 1158, 68 Stat. 1019, amended Aug. 28, 1957, Pub. L. 85-207, § 8, 71 Stat. 482; Aug. 31, 1964, Pub. L. 88-532, 78 Stat. 737.) § 132. Controlling law; effect on other agencies To the extent that the provisions of this subchapter or subchapter IV of this chapter conflict with any other provision of this title or other law, pertaining to the Secretary or the Department of Commerce, (14) the provisions of this title shall control; but nothing in this title shall be deemed to revoke or impair the authority of any other Federal agency with respect to the collection or release of information. (Aug. 31, 1954, ch. 1158, 68 Stat. 1019.) SUBCHAPTER II-POPULATION, HOUSING, AGRICUL TURE, IRRIGATION, AND UNEMPLOY MENT § 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". (c) (1) If (A) in the administration of any program established by or under Federal law which provides benefits to State or local gov ernments 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. amended Aug. 28, 1957. Pub. L. 85-207. § 9. 71 Stat. 483: Dec. 23, 1975, Pub. L. 94-171. § 1. 89 Stat. 1023: Oct. 17, 1976, Pub. L. 94-521, § 7, 90 Stat. 2461-62.) § 142. Agriculture and irrigation (a) The Secretary shall in 1979, in 1983, and in every fifth year beginning after 1983, take a census of agriculture. (b) In conjunction with the census to be taken under subsection (a) of this section in 1979, in 1988, and every tenth year beginning after 1988, the Secretary shall take a census of irrigation. (c) The data collected in each of the censuses taken under this section shall relate to the year immediately preceding the year in which such census is taken. (Aug. 31, 1954, ch. 1158, 68 Stat. 1020, amended Aug. 28, 1957, Pub. L. 85-207, $ 10, 71 Stat. 483; Mar. 15, 1976, Pub. L. 94-299, 1, 90 Stat. 210, Pub. L. 99-544, Oct. 27, 1986, 100 Stat. 3046.) §§ 143 to 146. Repealed. Pub. L. 85-207, § 11, Aug. 28, 1957, 71 Stat. 483. SUBCHAPTER III-GOVERNMENTS § 161. Quinquennial censuses; inclusion of certain data The Secretary shall take, compile, and publish for the year 1957 and for every fifth year thereafter a census of governments. Each such census shall include, but shall not be limited to, data on taxes and tax valuations, governmental receipts, expenditures, indebtedness, and employees of States, counties, cities, and other governmental units. (Aug. 31, 1954, ch. 1158, 68 Stat. 1021, amended Aug. 28, 1957, Pub. L. 85-207, § 12,71 Stat. 483.) § 162. Repealed. Pub. L. 85-207, § 13, Aug. 28, 1957, 71 Stat. 483 § 163. Authority of other agencies This subchapter does not revoke or impair the authority of any other Federal agency with respect to the collection or release of information. (Aug. 31, 1954, ch. 1158, 68 Stat. 1021.) SUBCHAPTER IV-INTERIM CURRENT DATA § 181. Population (a) During the intervals between each census of population required under section 141 of this title, the Secretary, to the extent feasible. shall annually produce and publish for each State, county, and local unit of general purpose government which has a population of fifty thousand or more, current data on total population and population characteristics and. to the extent feasible, shall biennially produce and publish for other local units of general purpose government current data on total population. Such data shall be produced and published for each State, county, and other local unit of general purpose government for which data is compiled in the most recent census of population taken under section 141 of this title. Such data may be produced by means of sampling or other methods, which the Secretary determines will produce current, comprehensive, and reliable data. (b) If the Secretary is unable to produce and publish current data during any fiscal year on total population for any county and local unit of general purpose government as required by this section. a report shall be submitted by the Secretary to the President of the Senate and to the Speaker of the House of Representatives not later than 90 days before the commencement of the following fiscal year, enumerating each government excluded and giving the reasons for such exclusion. (Added Pub. L. 94521, § 8, Oct. 17, 1976, 90 Stat. 2462–63.) § 182. Surveys The Secretary may make surveys deemed necessary to furnish annual and other interim current data on the subjects covered by the censuses provided for in this title. (Aug. 31, 1954, ch. 1158, 68 Stat. 1021, amended Oct. 17, 1976, Pub. L. 94-521, § 8, 90 Stat. 2463.) § 183. Use of most recent population data (a) Except as provided in subsection (b), for the purpose of administering any law of the United States in which population or other population characteristics are used to determine the amount of benefit received by State, county, or local units of general purpose government, the Secretary shall transmit to the President for use by the appropriate departments and agencies of the executive branch the data most recently produced and published under this title. (b) This section shall not apply with respect to any law of the United States which, for purposes of determining the amount of benefit received by State, county, or local units of general purpose government, provides that only population or population characteristics data obtained in the most recent decennial census may be used in such determination. (Added Pub. L. 94-521, § 8, Oct. 17, 1976, 90 Stat. 2463.) § 184. Definitions For purposes of this subchapter (1) the term "local unit of general purpose government" means the government of a county, municipality, township, Indian tribe, Alaskan native village, or other unit of government (other than a State) which is a unit of general government, and (2) the term "State" includes the District of Columbia. (Added Pub. L. 94-521, § 8, Oct. 17, 1976, 90 Stat. 2463.) SUBCHAPTER V-GEOGRAPHIC SCOPE, PRELIMINARY AND SUPPLEMENTAL STATISTICS, AND USE OF SAMPLING § 191. Geographic scope of censuses (a) Each of the censuses authorized by this chapter shall include each State, the District of Columbia. the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands. and the Commonwealth of Puerto Rico, and as may be determined by the Secretary. such other possessions and areas over which the United States exercises jurisdiction, control. or sovereignty. Inclusion of other areas over which the United States exercises jurisdiction or control shall be subject to the concurrence of the Secretary of State. |