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 Com-
mittee on Oversight and Government Reform 
A BILL 
To amend title 13, United States Code, to require the inclu-
sion of a statement within the decennial census question-
naire and the American Community Survey regarding 
certain response requirements, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. STATEMENT ON REQUIRED RESPONSES TO THE DE-
CENNIAL CENSUS AND THE AMERICAN COM-
MUNITY SURVEY. 
(a) IN GENERAL.—Section 141 of title 13, United 
States Code, is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g)(1) In conducting a decennial census under sub-
section (a), the Secretary shall, on each questionnaire used 
in such census, include the following statement: ‘Constitu-
tionally, 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 con-
spicuous 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 Com-
munity Survey’’, shall contain on the front of such 
survey the following statement: ‘‘Constitutionally, in 
responding to this survey, you are only required to 
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provide the number of individuals living in your resi-
dence. 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 in-
dividuals living in such individual’s residence; or 
‘‘(2) willfully gives a false answer to any ques-
tion submitted to such individual in connection with 
any census or survey provided for by sections 141 or 
193 of this title.’’. 
Æ 
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