13 U.S.C. § 5
Questionnaires; number, form, and scope of inquiries
The Secretary shall prepare questionnaires, and shall determine the inquiries, and the number, form, and subdivisions thereof, for the statistics, surveys, and censuses provided for in this title.
Notes of Decisions
Cited in 9
cases, 1962–2019 · leading case: Dep't of Com. v. New York, 139 S. Ct. 2551 (2019).
Dep't of Com. v. New York, 139 S. Ct. 2551 (2019). “” Similarly, in a series of appropriation Acts, Congress has specified that “none of the funds provided in this or any other Act for any fiscal year may be used for the collection of census data on race identification that does not include ‘some other race’ as a category.”
New York v. U.S. Dep't of Com., 351 F. Supp. 3d 502 (S.D. Ill. 2019). “" 13 U.S.C. § 5 . Along with - and within - that broad delegation, however, the 1976 Census Act also constrained the Secretary's delegated authority over the decennial census and its questionnaires in several significant ways.”
State v. U.S. Dep't of Com., 315 F. Supp. 3d 766 (S.D. Ill. 2018). “, 13 U.S.C. § 5 ("The Secretary shall prepare questionnaires, and shall determine the inquiries .”
United States v. Little, 321 F. Supp. 388 (D. Del. 1971). “” Title 13 U.S.C. § 5 directs the Secretary to “prepare schedules” and to “determine the inquiries, and the number, form, and subdivision thereof” for the census.”
City of Camden v. Plotkin, 466 F. Supp. 44 (D.N.J. 1978). “While this provision and other provisions of the statute direct that the Secretary have discretion to choose the actual methods to be utilized in conducting a census, see 13 U.S.C. §§ 5 , 182, 193, 195, this does not preclude judicial review.”
Dist. of Columbia v. United States Dep't of Com., 789 F. Supp. 1179 (D.D.C. 1992). “Congress has delegated its authority to the Secretary of Commerce, pursuant to 13 U.S.C. §§ 5 , 141. The Secretary of Commerce is permitted to delegate his authority to conduct the Census to the Bureau of the Census, 13 U.”
United States v. Victor Sharrow, 309 F.2d 77 (2d Cir. 1962). “The use of it is authorized by 13 U.S.C. § 5 , which reads: “§ 5. Schedules; number, form, and scope of inquiries “The Secretary shall prepare schedules, and shall determine the inquiries, and the number, form, and subdivisions thereof, for the statistics, surveys, and censuses…”
Borough of Bethel Park v. Stans, 449 F.2d 575 (3rd Cir. 1971). “13 U.S.C. § 5 . In addition, Congress permitted the Secretary to delegate his authority to the Bureau of the Census, an agency within the Department of Commerce.”
Constitutionality of State-Imposed Restrictions on Responses to Census Questions (OLC 1980). “N or can it be said that 13 U.S.C. §§ 5 and 141(a) contain excessive delegations o f statutory power, or that the census form, as prom ul gated, goes beyond the scope o f the delegation.”
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