I
105TH CONGRESS
1ST SESSION
H. R. 1178
To amend title 13, United States Code, to make clear that sampling may
be used in order to improve the accuracy of the decennial censuses
of population, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 1997
Mrs. MALONEY of New York introduced the following bill; which was referred
to the Committee on Government Reform and Oversight
A BILL
To amend title 13, United States Code, to make clear that
sampling may be used in order to improve the accuracy
of the decennial censuses of population, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. USE OF SAMPLING.
Section 195 of title 13, United States Code, is
amended—
(1) by striking ‘‘Except’’ and all that follows
through ‘‘the Secretary’’ and inserting ‘‘(a) Subject
to subsection (b), the Secretary’’; and
(2) by adding at the end the following:
‘‘(b) In connection with a decennial census of popu-
lation taken under section 141(a) of this title for purposes
of the apportionment of Representatives in Congress
among the several States, sampling may be used in such
form and manner as the Secretary considers appropriate,
but only—
‘‘(1) in conjunction with a good faith effort
using non sampling techniques authorized by this
title, (regardless of whether the sampling occurs be-
fore, during, or after such enumeration); and
‘‘(2) to the extent the Secretary considers its
use to be necessary in order to achieve a more accu-
rate census.’’.
SEC. 2. REPORTING REQUIREMENT.
(a) ESTABLISHMENT
OF
REPORTING
REQUIRE-
MENT.—
(1) IN GENERAL.—Subsection (f) of section 141
of title 13, United States Code, is amended—
(A) 
by 
redesignating 
paragraphs 
(1)
through (3) as paragraphs (2) through (4), re-
spectively; and
(B) by inserting before paragraph (2) (as
so redesignated) the following:
‘‘(1) not later than 3 years before the appro-
priate census date, a report containing the Sec-
retary’s determination of—
‘‘(A) how it is proposed that the actual
enumeration be carried out;
‘‘(B) what types of surveys or statistical
methods are proposed to be used in connection
with the actual enumeration; and
‘‘(C) how the surveys or methods under
subparagraph (B) would help achieve a more
accurate census;’’.
(2) TECHNICAL AMENDMENT.—Paragraph (4)
of section 141(f) of title 13, United States Code (as
so redesignated), is amended by striking ‘‘paragraph
(1) or (2)’’ and inserting ‘‘paragraph (1), (2), or
(3)’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to censuses occurring
after the date of enactment of this Act, except that the
deadline for the report under section 141(f)(1) of title 13,
United States Code (as amended by this section) with re-
spect to the 2000 decennial census of population shall be
the 90th day after such date of enactment.
SEC. 3. REQUIREMENT RELATING TO THE COLLECTION
OF CERTAIN INFORMATION REQUIRED BY
STATUTE.
Section 141 of title 13, United States Code, is
amended—
(1) by redesignating subsection (g) as sub-
section (h); and
(2) by inserting after subsection (f) the follow-
ing:
‘‘(g)(1) This subsection applies with respect to any
law of the United States which provides for benefits to
State, county, or local units of general purpose govern-
ment, based on population or population and housing
characteristics data.
‘‘(2) Except as otherwise expressly provided by law,
the population or population and housing characteristics
data used for purposes of administering a law described
in paragraph (1)—
‘‘(A) shall be data collected—
‘‘(i) as part of the decennial census; and
‘‘(ii) contemporaneously with the collection
of data for purposes of the apportionment of
Representatives in Congress among the several
States; and
‘‘(B) may, with respect to any subjects which
the Secretary considers appropriate, be collected
through sampling.’’.
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