I 111th CONGRESS 1st Session H. R. 3855 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.

1.

Short title

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

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.