I 111th CONGRESS 2d Session H. R. 5046 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.

Short title

This Act may be cited as the Census Clarification and Privacy Act.

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.

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. .