An Act to amend title 13, United States Code, to provide for a mid-decade census of population, and for other purposes.
PL 94-521 (H.R.11337), enacted 10/17/1976

PUBLIC LAW 94-521—OCT. 17, 1976 
90 STAT. 2459 
Public Law 94-521 
94th Congress 
An Act 
To amend title 13, United States Code, to provide for a mid-decade census of 
population, and for other purposes. 
Oct. 17, 1976 
[H.R. 11337] 
Be it enacted l)y the Senate 
and House of Representatives 
of the 
United States of America in Congress assembled^^\IQX 
section 1 of title 
Mid-decade 
13, United States Code, relating to definitions, is amended to read as census of 
follows: 
population. 
"§ 1. Definitions 
"As used in this title, unless the context requires another meaning 
or unless it is otherwise provided— 
" (1) 'Bureau' means the Bureau of the Census; 
"(2) 'Secretary' means the Secretary of Commerce; and 
"(3) 'respondent' includes a corporation, company, association, 
firm, partnership, proprietorship, society, joint stock company, 
individual, or other organization or entity which reported infor-
mation, or on behalf of which information was repoited, in 
response to a questionnaire, inquiry, or other request of the 
Bureau." 
SEC. 2. Section 3 of title 13, United States Code, relating to the seal 
of the Bureau of the Census, is amended by striking out "affixed to 
all certificates and attestations that may be required from the Bureau" 
and inserting in lieu thereof "affixed to all documents authenticated 
by the Bureau". 
SEC. 3. (a) Section 4 of title 13, United States Code, relating to the 
functions of the Secretary, is amended to read as follows: 
"§ 4. Functions of Secretary; regulations; delegation 
"The Secretary shall perform the functions and duties imposed 
upon him by this title, may issue such rules and regulations as he 
deems necessary to carry out such functions and duties, and may dele-
gate the performance of such functions and duties and the authority 
to issue such rules and regulations to such officers and employees of 
the Department of Commerce as he may designate." 
(b) The table of sections of chapter 1 of title 13, United States 
Code, is amended by striking out— 
"4. Functions of Secretary ; delegation." 
and inserting in lieu thereof— 
"4. Functions of Secretary; regulations; delegation." 
SEC. 4. (a) Section 5 of title 13, United States Code, relating to 
schedules and inquiries, is amended— 
(1) in the section heading, by striking out "Schedules" and 
inserting in lieu thereof "Questionnaires"; and 
(2) in the text thereof, by striking out "schedules" and insert-
ing in lieu thereof "questionnaires". 
(b) The table of sections of chapter 1 of title 13, United States 
Code, is amended by striking out— 
"5. Schedules; number, form, and scope of inquiries." 
and inserting in lieu thereof— 
"5. Questionnaires ; number, form, and scope of inquiries." 
90 STAT. 2460 
PUBLIC LAW 94-521—OCT. 17, 1976 
SEC. 5. (a) Section 6 of title 13, United States Code, relating to 
requests for information, is amended to read as follows: 
"§ 6. Information from other Federal departments and agencies; 
acquisition of reports from other governmental and private 
sources 
"(a) The Secretary, whenever he considers it advisable, may call 
upon any other department, agency, or establishment of the Federal 
Government, or of the government of the District of Columbia, for 
information pertinent to the work provided for in this title. 
"(b) The Secretary may acquire, by purchase or otherwise, from 
States, counties, cities, or other units of government, or their instru-
mentalities, or from private persons and agencies, such copies of rec-
ords, reports, and other material as may be required for the efficient 
and economical conduct of the censuses and surveys provided for in 
this title. 
"(c) To the maximum extent possible and consistent with the kind, 
timeliness, quality and scope of the statistics required, the Secretary 
shall acquire and use information available from any source referred 
to in subsection (a) or (b) of this section instead of conducting direct 
inquiries." 
(b) The table of sections of chapter 1 of title 13, United States Code, 
is amended by striking out— 
"6. Requests to other departments and offices for information, acquisition of 
reports from governmental and other sources." 
and inserting in lieu thereof— 
"6. Information from other Federal departments and agencies; acquisition of 
reports from other governmental and private sources." 
SEC. 6. (a) So much of section 8 of title 13, United States Code, as 
precedes subsection (d) thereof is amended to read as follows: 
"§ 8. Authenticated transcripts or copies of certain returns; other 
data; restriction on use; disposition of fees received 
"(a) The Secretary may, upon written request, furnish to any 
respondent, or to the heir, successor, or authorized agent of such 
respondent, authenticated transcripts or copies of reports (or portions 
thereof) containing information furnished by, or on behalf of, such 
respondent in connection with the surveys and census provided for in 
this title, upon payment of the actual or estimated cost of searching 
the records and furnishing such transcripts or copies. 
Supra. 
"(b) Subject to the limitations contained in sections 6(c) and 9 of 
13 use 9. 
this title, the Secretary may furnish copies of tabulations and other 
statistical materials which do not disclose the information reported 
by, or on behalf of, any particular respondent, and may make special 
statistical compilations and surveys, for departments, agencies, and 
establishments of the Federal Government, the government of the 
District of Columbia, the government of any possession or area 
(including political subdivisions thereof) referred to in section 191 (a) 
13 use 191. 
of this title. State or local agencies, or other public and private per-
sons and agencies, upon payment of the actual or estimated cost of 
such work. In the case of nonprofit agencies or organizations, the Sec-
retary may engage in joint statistical projects, the purpose of which 
are otherwise authorized by law, but only if the cost of such projects 
are shared equitably, as determined by the Secretary. 
"(c) In no case shall information furnished under this section be 
used to the detriment of any respondent or other person to whom such 
information relates, except in the prosecution of alleged violations of 
this title." 
PUBLIC LAW 94-521—OCT. 17, 1976 
90 STAT. 2461 
Decennial census. 
Report to 
President. 
(b) The table of sections of chapter 1 of title 13, United States 
Code, is amended by striking out— 
"8. Certified copies of certain returns; other data ; restriction on use; disposition 
of fees received." 
and inserting in lieu thereof— 
"8. Authenticated transcripts or copies of certain returns ; other data ; restriction 
on use; disposition of fees received." 
SEC. 7. (a) Section 141 of title 13, United States Code, relating to 
censuses of population, unemployment, and housing, is amended to 
read as follows: 
"§ 141. Population and other census information 
" (a) The Secretary shall, in the year 1980 and every 10 years there-
after, 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 infor-
mation as necessary. 
"(b) The tabulation of total population by States under subsection 
(a) of this section as required for the apportionment of Representa-
tives 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 appoitionment 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 devel-
oped 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 devel-
oped 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 district-
ing 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 decen-
nial census date. 
"(d) Without regard to subsections (a), (b), and (c) of this sec- Mid-decade 
tion, the Secretary, in the year 1985 and every 10 years thereafter, census, 
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 informa-
tion to be obtained from such census will serve in lieu of information 
89-194 O—78—pt. 2 
63 
90 STAT. 2462 
PUBLIC LAW 94-521—OCT. 17, 1976 
Submittal to 
congressional 
committees. 
"Census of 
population.' 
13 use 181. 
Data production 
and publication. 
Ante, p. 2461. 
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'. 
"(e)(1) 
I f -
"(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 deter-
mined by taking into account data obtained in the most recent 
decennial census, and 
"(B) comparable data is obtained in a mid-decade census con-
ducted 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 Kepresentatives in Congress among the 
several States, nor shall such information be used in prescribing con-
gressional districts. 
"(f) With respect to each decennial and mid-decade census con-
ducted 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 com-
piled, in such census; 
"(2) not later than 2 years before the appropriate census date, 
a report containing the Secretary's determination of the ques-
tions 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.". 
(b) The table of sections of chapter 5 of title 13, United States 
Code, is amended by striking out— 
"141. Population, unemployment, and housing." 
and inserting in lieu thereof— 
"141. Population and other census information." 
SEC. 8. (a) Subchapter IV of chapter 5 of title 13, United States 
Code, is amended by striking out section 181 and inserting in lieu 
thereof the following: 
"§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 popu-
lation characteristics and, to the extent feasible, shall biennially pro-
duce and publish for other local units of general purpose government 
PUBLIC LAW 94-521—OCT. 17, 1976 
90 STAT. 2463 
Report to 
President of 
Senate and 
Speaker of the 
House of 
Representatives. 
13 u s e 182. 
13 u s e 183. 
current data on total population. Such data shall be produced and 
published for each State, county, and other local unit of general pur-
pose government for which data is compiled in the most recent census 
of population taken under section 141 of this title. Such data may be Ante, p. 2461. 
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, 
"§ 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. 
"§ 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 character-
istics data obtained in the most recent decennial census may be used in 
such determination. 
"§184. Definitions 
"For purposes of this subchapter— 
13 USe 184. 
" (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." 
(b) The table of sections for chapter 5 of title 13, United States 
Code, is amended by striking out— 
"181. Surveys." 
and inserting in lieu thereof— 
"181. Population. 
"182. Surveys. 
"183. U.se of most recent population data. 
"184. Definitions." 
SEC. 9. Section 191 of title 13, United States Code, relating to geo-
graphic scope of censuses, is amended to read as follows: 
"§ 191. Geographic scops 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 Common-
wealth of Puerto Rico, and as may be determined by the Secretary, 
90 STAT. 2464 
PUBLIC LAW 94-521—OCT. 17, 1976 
such other possessions and areas over which the United States exer-
cises jurisdiction, control, or sovereignty. Inclusion of other areas over 
which the United States exercises jurisdiction or control shall be sub-
ject to the concurrence of the Secretary of State. 
"(b) For censuses taken in the Virgin Islands, Guam, the Com-
monwealth of the Northern Mariana Islands, or any possession or 
area not specifically designated in subsection (a) of this section, the 
Secretary may use census information collected by the Governor or 
highest ranking Federal official, if such information was obtained in 
accordance with plans prescribed or approved by the Secretary. 
"(c) If, pursuant to a determination by the Secretary under sub-
section (a) of this section, any census is not taken in a possession or 
area over which the United States exercises jurisdiction, control, or 
sovereignty, the Secretary may include data obtained from other Fed-
eral agencies or government sources in the census report. Any data 
obtained from foreign governments shall be obtained through the Sec-
retary of State.". 
SEC. 10. Section 195 of title 13, United States Code, relating to use of 
sampling, is amended to read as follows: 
"§ 195. Use of sampling 
"Except for the determination of population for purposes of 
apportionment of Representatives in Congress among the several 
States, the Secretary shall, if he considers it feasible, authorize the use 
of the statistical method known as 'sampling' in carrying out the pro-
visions of this title.". 
SEC. 11. (a) Subchapter V of chapter 5 of title 13, United States 
Code, is amended by adding at the end thereof the following new 
section: 
13 use 196. 
«§ 196. Special censuses 
"The Secretary may conduct special censuses for the government of 
any State, or of any county, city, or other political subdivision within 
a State, for the government of the District of Columbia, and for the 
government of any possession or area (including political subdivisions 
Ante, p. 2463. 
thereof) referred to in section 191(a) of this title, on subjects covered 
by the censuses provided for in this title, upon payment to the Secre-
tary of the actual or estimated cost of each such special census. The 
results of each such special census shall be designated 'Official Census 
Statistics'. These statistics may be used in the manner provided by 
applicable law." 
(b) The table of sections of subchapter V of chapter 5 of title 13, 
United States Code, is amended by adding at the end thereof— 
"196. Special censuses." 
SEC. 12. (a) Section 214 of title 13, United States Code, relating to 
wrongful disclosure of information, is amended to read as follows: 
"§ 214. Wrongful disclosure of information 
"Whoever, being or having been an employee or staff member 
13 use 21. 
referred to in subchapter II of chapter 1 of this title, having taken and 
subscribed the oath of office, or having sworn to observe the limitations 
13 use 9. 
imposed by section 9 of this title, publishes or communicates any infor-
mation, the disclosure of which is prohibited under the provisions of 
section 9 of this title, and which comes into his possession by reason of 
his being employed (or otherwise providing services) under the provi-
sions of this title, shall be fined not more than $5,000 or imprisoned not 
more than 5 years, or both." 
PUBLIC LAW 94-521—OCT. 17, 1976 
90 STAT. 2465 
(b) Section 23 of title 13, United States Code, is amended by adding 
at the end thereof the following new subsection: 
" (c) The Secretary may utilize temporary staff, including employees Temporary staff, 
of Federal, State, or local agencies or instrumentalities, and employees 
of private organizations to assist the Bureau in performing the work 
authorized by this title, but only if such temporary staff is sworn to 
observe the limitations imposed by section 9 of this title." 
13 USC 9. 
SEC. 13. Section 221 of title 13, United States Code, relating to 
refusal or neglect to answer questions and to willful false answers, 
is amended— 
(1) by striking out "or imprisoned not more than sixty days, 
or both" in subsection (a) ; 
(2) by striking out "or imprisoned not more than one year, 
or both" in subsection (b) thereof; and 
(3) by adding at the end thereof the following new subsection: 
"(c) Notwithstanding any other provision of this title, no person 
shall be compelled to disclose information relative to his religious 
beliefs or to membership in a religious body.". 
SEC. 14. Section 224 of title 13, United States Code, relating to 
failure to answer questions affecting companies, businesses, religious 
bodies, and other organizations and to willful false answers, is 
amended— 
(1) by striking out "whether such request be made by registered 
mail, by certified mail, by telegraph, by visiting representative, 
or by one or more of these methods,"; 
(2) by striking out "schedule" and inserting in lieu thereof 
"schedule or questionnaire"; 
(3) by striking out "or imprisoned not more than sixty days, 
or both"; and 
(4) by striking out "or imprisoned not more than one year, or 
both". 
SEC. 15. (a) Section 225 of title 13, United States Code, relating 
to applicability of penal provisions in certain cases, is amended— 
(1) by inserting "and questionnaires" immediately after 
"schedules" in subsection (a) (1) thereof; and 
(2) by striking out "sections 221, 222 and 224" in subsection 
(b) and inserting in lieu thereof "section 222" thereof. 
(b) Section 241 of title 13, United States Code, relating to evidence, 
is amended by striking out "as authorized by section 224 of this 
title". 
90 STAT. 2466 
PUBLIC LAW 94-521—OCT. 17, 1976 
Separability. 
SEC. 16. If a provision enacted by this Act is held invalid, all valid 
13 use 1 note. 
provisions that are severable from the invalid provision remain in 
effect. If a provision of this Act is held invalid in one or more of its 
applications, the provision remains in effect in all valid applications 
that are severable from the invalid application or applications. 
Effective date. 
SEC. 17. The amendments made by this Act shall take effect on Octo-
13 use 1 note. 
ber 1,1976, or on the date of the enactment of this Act, whichever date 
is later. 
Approved October 17, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-944 (Comm. on Post Office and Civil Service) and No. 
94-1719 (Comm. of Conference). 
SENATE REPORT No. 94-1256 accompanying S. 3688 (Comm. on Post Office and 
Civil Service). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Apr. 7, considered and passed House. 
Sept. 23, considered and passed Senate, amended. 
Sept. 30, Senate agreed to conference report. 
Oct. 1, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: 
Oct. 18, Presidential statement.