13 U.S.C. § 1

Definitions

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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 information, or on behalf of which information was reported, in response to a questionnaire, inquiry, or other request of the Bureau.(Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Pub. L. 94–521, § 1, Oct. 17, 1976, 90 Stat. 2459.)Historical and Revision Notes

Section is new, and was inserted to eliminate the necessity for referring, throughout this title, to the Bureau of the Census, and the Secretary of Commerce, by their full designations.

Editorial NotesAmendments

1976—Pub. L. 94–521 designated existing provisions as pars. (1) and (2), and added par. (3).

Statutory Notes and Related SubsidiariesEffective Date of 1976 Amendment

Pub. L. 94–521, § 17, Oct. 17, 1976, 90 Stat. 2466, provided that: “The amendments made by this Act [enacting sections 181 to 184 and 196 of this title, amending this section and sections 3 to 6, 8, 23, 141, 191, 195, 214, 221, 224, 225, and 241 of this title, and enacting provisions set out as notes under this section] shall take effect on October 1, 1976, or on the date of the enactment of this Act [Oct. 17, 1976], whichever date is later”.

Short Title of 2015 Amendment

Pub. L. 114–72, § 1, Oct. 22, 2015, 129 Stat. 566, provided that: “This Act [amending provisions set out as a note under section 91 of this title] may be cited as the ‘Quarterly Financial Report Reauthorization Act’.”

Short Title of 1999 Amendment

Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII, subtitle E, § 1251], Nov. 29, 1999, 113 Stat. 1536, 1501A–505, provided that: “This subtitle [amending section 301 of this title and enacting provisions set out as notes under section 301 of this title] may be cited as the ‘Proliferation Prevention Enhancement Act of 1999’.”

Short Title of 1994 Amendment

Pub. L. 103–430, § 1, Oct. 31, 1994, 108 Stat. 4393, provided that: “This Act [enacting section 16 of this title, amending sections 9 and 214 of this title and section 412 of Title 39, Postal Service, and enacting provisions set out as a note under section 16 of this title] may be cited as the ‘Census Address List Improvement Act of 1994’.”

Separability

Pub. L. 94–521, § 16, Oct. 17, 1976, 90 Stat. 2466, provided that: “If a provision enacted by this Act [see section 17 of Pub. L. 94–521 set out above] is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act [Pub. L. 94–521] 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.”

Notes of Decisions

Cited in 22 cases (3 in the last 5 years), 1977–2021 · leading case: Dep't of Com. v. United States House of Representatives, 525 U.S. 316 (1999).

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Dep't of Com. v. United States House of Representatives, 525 U.S. 316 (1999). · cites it 6× “Two sets of plaintiffs filed separate suits challenging the legality and constitutionality of the Bureau's plan. Convened as three-judge courts, the District Court for the Eastern District of Virginia and the District Court for the District of Columbia each held that the…”

Utah v. Evans, 536 U.S. 452 (2002). · cites it 4× “While I agree with the Court's general description of the imputation process, its conclusion that the appellants have standing to challenge *480 its use, and its conclusion that we otherwise have jurisdiction to consider that challenge, I would find that the Bureau's use of…”

State v. U.S. Dep't of Com., 315 F. Supp. 3d 766 (S.D. Ill. 2018). “See 13 U.S.C. §§ 1 et seq. The Act delegates to the Secretary of Commerce the duty to "take a decennial census of population as of the first day of April of such year .”

Wisconsin v. City of New York, 517 U.S. 1 (1996). “Through the Census Act, 13 U. S. C. § 1 et seq., Congress has delegated to the Secretary of the Department of Commerce the responsibility to take “a decennial census of [the] population .”

United States House of Representatives v. United States Dep't of Com., 11 F. Supp. 2d 76 (D.D.C. 1998). · cites it 2× “Plaintiff claims that using statistical sampling to supplement the headcount enumeration used to apportion representatives among the states violates the Census Act, 13 U.S.C. § 1 eí seq., and Article I, section 2, clause 3 of the Constitution.”

Nat'l Ass'n v. Bureau of the Census, 382 F. Supp. 3d 349 (D. Maryland 2019). “In 1964, Congress amended the Census Act, 13 U.S.C. § 1 et seq. , to "permit[ ] the Bureau to replace the personal visit of the enumerator with a form delivered and returned via the Postal Service," and in 1970, "census officials conducted approximately 60 percent of the census…”

Fed'n for Am. Immigr. Reform v. Klutznick, 486 F. Supp. 564 (D.D.C. 1980). “The most recent Census Act, 13 U.S.C. §§ 1 et seq., adopted in 1976, charges the Secretary of Commerce with the responsibility of conducting the census, calculating the number of Representatives to which each state is entitled, and transmitting those figures to the President,…”

City of Camden v. Plotkin, 466 F. Supp. 44 (D.N.J. 1978). “Of particular relevance here, 13 U.S.C. § 181 requires the Bureau of the Census annually to produce population figures for municipalities like Camden.”

Walker v. Cheney, 230 F. Supp. 2d 51 (D.D.C. 2002). “The House alleged that it was injured because it had not received from the Census Bureau a proper accounting of the number of persons in each state, as required under the Census Act, 13 U.S.C. § 1 ef seq., and because use of statistical sampling would result in an unlawful and…”

City of Willacoochee, Ga. v. Baldrige, 556 F. Supp. 551 (S.D. Ga. 1983). “The statute referred to must in this case be the Census Act, 13 U.S.C. §§ 1 et seq. Under this act, the defendants had the responsibility to conduct the 1980 Decennial Census, including the population counts of the states and subdivisions thereof.”

Samuel H. Seymour v. Vincent P. Barabba, Dir. Bureau of the Census U.S. Dep't of Com., 559 F.2d 806 (D.C. Cir. 1977). “Individual names and addresses are not. In summary, we think the District Court was right in denying plaintiff access to the Census Bureau material, right both before the amendment to Exemption 3 of the FOIA and after the effective date of the amendment.”

Sandoval v. Hagan, 7 F. Supp. 2d 1234 (M.D. Ala. 1998). “The federal Constitution requires an "actual Enumeration" of the population of the United States every ten years.”

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