I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Census Clarification 

5 and Privacy Act’’. 


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1 SEC. 2. STATEMENT ON REQUIRED RESPONSES TO THE DE2 CENNIAL CENSUS AND THE AMERICAN COM3 MUNITY SURVEY. 

4 (a) IN GENERAL.—Section 141 of title 13, United 

5 States Code, is amended— 

6 (1) by redesignating subsection (f) as sub7 section (g); and 

8 (2) by inserting after subsection (f) the fol9 lowing: 

10 ‘‘(g)(1) In conducting a decennial census under sub11 section (a), the Secretary shall, on each questionnaire used 

12 in such census, include the following statement: ‘Constitu13 tionally, in responding to this questionnaire, you are only 

14 required to provide the number of individuals living in 

15 your residence. Answers to all other questions contained 

16 within this questionnaire are optional’. 

17 ‘‘(2) The statement required under paragraph (1) 

18 shall be placed on the front of each questionnaire in a con19 spicuous manner.’’. 

20 (b) AMERICAN COMMUNITY SURVEY.— 

21 (1) IN GENERAL.—The survey conducted by the 

22 Secretary of Commerce under title 13, United States 

23 Code, commonly referred to as the ‘‘American Com24 munity Survey’’, shall contain on the front of such 

25 survey the following statement: ‘‘Constitutionally, in 

26 responding to this survey, you are only required to 


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1 provide the number of individuals living in your resi2 dence. Answers to all other questions contained 

3 within this survey are optional’’. 

4 (2) LOCATION OF STATEMENT.—The statement 

5 required under paragraph (1) shall be placed on the 

6 front of such survey in a conspicuous manner. 

7 SEC. 3. APPLICATION OF PENALTIES. 

8 Section 221 of title 13, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(d) The penalties described under subsections (a) 

11 and (b) shall only apply to an individual who— 

12 ‘‘(1) refuses or willfully neglects to answer a 

13 question, submitted to such individual in connection 

14 with any census or survey provided for by sections 

15 141 or 193 of this title, regarding the number of in16 dividuals living in such individual’s residence; or 

17 ‘‘(2) willfully gives a false answer to any ques18 tion submitted to such individual in connection with 

19 any census or survey provided for by sections 141 or 

20 193 of this title.’’. 

Æ 


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