Census Clarification and Privacy Act

Census Clarification and Privacy Act - Requires the Secretary of Commerce to include on the front of the questionnaire used in the decennial census and on the American Community Survey a statement that constitutionally, the recipient is only required to provide the number of individuals living in his or her residence and that all other questions are optional.

Applies penalties for failing or neglecting to answer census or Survey questions only to an individual who: (1) willfully gives a false answer; or (2) refuses or willfully neglects to answer a question regarding the number of persons living in such individual's residence.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5046 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5046

 To amend title 13, United States Code, to require the inclusion of a 
 statement within the decennial census questionnaire and the American 
Community Survey regarding certain response requirements, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2010

Mr. Akin (for himself, Mr. Neugebauer, Mrs. Bachmann, Mr. Bartlett, Mr. 
    Griffith, Mr. Bonner, Mr. Campbell, Mr. Posey, and Mr. Bilbray) 
 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 require the inclusion of a 
 statement within the decennial census questionnaire and the American 
Community Survey regarding certain response requirements, and for other 
                               purposes.

    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 ``Census Clarification and Privacy 
Act''.

SEC. 2. STATEMENT ON REQUIRED RESPONSES TO THE DECENNIAL CENSUS AND THE 
              AMERICAN COMMUNITY SURVEY.

    (a) In General.--Section 141 of title 13, United States Code, is 
amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (f) the following:
    ``(g)(1) In conducting a decennial census under subsection (a), the 
Secretary shall, on each questionnaire used in such census, include the 
following statement: `Constitutionally, in responding to this 
questionnaire, you are only required to provide the number of 
individuals living in your residence. Answers to all other questions 
contained within this questionnaire are optional'.
    ``(2) The statement required under paragraph (1) shall be placed on 
the front of each questionnaire in a conspicuous manner.''.
    (b) American Community Survey.--
            (1) In general.--The survey conducted by the Secretary of 
        Commerce under title 13, United States Code, commonly referred 
        to as the ``American Community Survey'', shall contain on the 
        front of such survey the following statement: 
        ``Constitutionally, in responding to this survey, you are only 
        required to provide the number of individuals living in your 
        residence. Answers to all other questions contained within this 
        survey are optional''.
            (2) Location of statement.--The statement required under 
        paragraph (1) shall be placed on the front of such survey in a 
        conspicuous manner.

SEC. 3. APPLICATION OF PENALTIES.

    Section 221 of title 13, United States Code, is amended by adding 
at the end the following:
    ``(d) The penalties described under subsections (a) and (b) shall 
only apply to an individual who--
            ``(1) refuses or willfully neglects to answer a question, 
        submitted to such individual in connection with any census or 
        survey provided for by sections 141 or 193 of this title, 
        regarding the number of individuals living in such individual's 
        residence; or
            ``(2) willfully gives a false answer to any question 
        submitted to such individual in connection with any census or 
        survey provided for by sections 141 or 193 of this title.''.
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