Page:United States Statutes at Large Volume 111 Part 3.djvu/393

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PUBLIC LAW 105-119—NOV. 26, 1997 111 STAT. 2481 (2) the sole constitutional purpose of the decennial enumeration of the population is the apportionment of Representatives in Congress among the several States; (3) section 2 of the 14th article of amendment to the Constitution clearly states that Representatives are to be "apportioned among the several States according to their respective numbers, counting the whole number of persons in each State"; (4) article I, section 2, clause 3 of the Constitution clearly requires an "actual Enumeration" of the population, and section 195 of title 13, United States Code, clearly provides "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 provisions of this title."; (5) the decennial enumeration of the population is one of the most critical constitutional functions our Federal Government performs; (6) it is essential that the decennial enumeration of the population be as accurate as possible, consistent with the Constitution and laws of the United States; (7) the use of statistical sampling or statistical adjustment in conjunction with an actual enumeration to carry out the census with respect to any segment of the population poses the risk of an inaccurate, invedid, and unconstitutional census; (8) the decennial enumeration of the population is a complex and vast undertaking, and if such enumeration is conducted in a manner that does not comply with the requirements of the Constitution or laws of the United States, it would be impracticable for the States to obtain, and the courts of the United States to provide, meaningful relief after such enumeration has been conducted; and (9) Congress is committed to providing the level of funding that is required to perform the entire range of constitutional census activities, with a particular emphasis on accurately enumerating all individuals who have historically been undercounted, and toward this end, Congress expects— (A) aggressive and innovative promotion and outreach campaigns in hard-to-count communities; (B) the hiring of enumerators from within those communities; (C) continued cooperation with local government on address list development; and (D) maximized census emplo3mtient opportunities for individuals seeking to make the transition from welfare to work. (b) Any person aggrieved by the use of any statistical method in violation of the Constitution or any provision of law (other than this Act), in connection with the 2000 or any later decennial census, to determine the population for purposes of the apportionment or redistricting of Members in Congress, may in a civil action obtain declaratory, injunctive, and any other appropriate relief against the use of such method. (c) For purposes of this section— (1) the use of any statistical method as part of a dress rehearsal or other simulation of a census in preparation for