[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3855 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3855

    To amend title 13, United States Code, to make clear that each 
decennial census, as required for the apportionment of Representatives 
 in Congress among the several States, shall tabulate the total number 
of persons in each State, and to provide that no information regarding 
United States citizenship or immigration status may be elicited in any 
                              such census.


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                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2009

   Mr. Baca introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
    To amend title 13, United States Code, to make clear that each 
decennial census, as required for the apportionment of Representatives 
 in Congress among the several States, shall tabulate the total number 
of persons in each State, and to provide that no information regarding 
United States citizenship or immigration status may be elicited in any 
                              such census.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Every Person Counts Act''.

SEC. 2. CENSUS DATA COLLECTION.

    (a) Requirement.--Section 141(b) of title 13, United States Code, 
is amended by striking ``United States.'' and inserting ``United 
States, and shall tabulate the total number of persons in each 
State.''.
    (b) Prohibition.--Section 141(a) of such title 13 is amended by 
striking ``as necessary.'' and inserting ``as necessary, except that in 
no event may the Secretary include any question or otherwise elicit any 
information regarding United States citizenship or immigration 
status.''.
    (c) Rule of Construction.--Nothing in this Act shall be considered 
to permit or require the exclusion, from any decennial census of 
population, of--
            (1) any person on the basis of age;
            (2) personnel in the Armed Forces serving abroad;
            (3) Federal employees (and their dependents) stationed 
        abroad; or
            (4) any other persons outside of the United States (besides 
        those under paragraph (2) or (3)) who can be traced to the 
        State of their usual place of residence, as determined by the 
        Secretary of Commerce.
    (d) Definition.--For purposes of this Act, the term ``census of 
population'' has the meaning given such term by section 141(g) of such 
title 13.
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