Should Participation in the American Community Survey (ACS) Be Voluntary? (H.R. 2392)

What is H.R. 2392?

(Updated August 7, 2020)

This bill — the American Community Survey Act — would make participation in the American Community Survey (ACS) voluntary (except with respect to certain basic questions) and repeal criminal penalties for not responding to the survey. ACS recipients would still be required to provide their names, contact information, response data and the number of people living or staying at their address. Under current law, there is a fine of up to $5,000 for refusing to answer a Census Bureau survey question.

Argument in favor

The American Community Survey (ACS) is invasive and asks respondents questions the government has no business asking about. As such, respondents should be allowed to decline to answer non-essential parts of the ACS without penalty.

Argument opposed

The ACS is important as a policymaking tool. Full response to its questions is needed to help policymakers craft effective legislation. Additionally, given that the Census Bureau doesn’t actively prosecute people for not answering the ACS, there's no real penalty for not answering the ACS.

Impact

American residents; recipients of the ACS; ACS; and declining to respond to the ACS.

Cost of H.R. 2392

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Rep. Adrian Smith (R-NE) reintroduced this bill from the 115th Congress to make participation in the ACS voluntary and repeal criminal penalties for Americans who choose not to respond to the survey: 

“No American should be forced to provide highly personal information to the federal government under penalty of law.  This legislation will maintain the American Community Survey while ensuring law-abiding Americans aren’t threatened because the government selected them as part of a random sample. I annually hear from Nebraskans who are harassed and threatened with legal action if they do not respond.  We need to be far more clear the federal government will not prosecute you for declining to open your life to them for statistical purposes.”

Last Congress, this bill’s sponsor Rep. Ted Poe (R-TX) argued that the information — such as respondents’ college major, whether anyone in the household has poor eyesight and whether anyone in the household has difficulty dressing and bathing — the ACS asks about is none of the government’s business: 

“The ACS is conducted by the Census Bureau but independent from the Census. This 28-page long survey is more intrusive, more personal and mandatory [than the Census]. Understandably, many people dismiss this survey, tossing it straight into the garbage bin and feel uneasy about divulging such personal information. But simply throwing it away does not make it or the federal government disappear. If you decide to ignore this Orwellian survey, the government will come after you. It begins with phone calls. If the calls go unanswered or the survey is left incomplete, the number of calls will soon increase from weekly to daily. Then government bureaucrats show up at your doorstep. If you’re not home or don’t answer, they’ll try again and again. This is harassment. No one wants the government dropping in on their home and peering into their windows because they failed to answer a survey which invades their privacy in the first place. Thinking about providing false information or simply refusing to respond, despite harassment and intimidation by Census Bureau emissaries? Better think twice. Citizens who still choose not to answer are threatened with a criminal penalty, and in some cases face fines up to $5,000. Not only will the government harass you if you fail to turn over your private information, they fine you if you refuse to comply… This survey is another example of unnecessary and completely unwarranted government intrusion. The federal government has no right to force Americans to divulge private information, especially information that they are uncomfortable giving away… According to Article 1, Section 2 of the Constitution, a count of the nation’s population is required to be conducted every ten years. The purpose of the Census is to apportion congressional seats and levy direct taxes. But the American Community Survey does nothing to further this mission, it instead collects information on American’s toilet flushing patterns. I believe in a limited government and will work to protect American citizens from government abuse. The ACS is an unnecessary waste and an abuse of government power.”

In a July 2009 blog post, Frederick S. Lane argued that conservative attacks on ACS participation are both highly unlikely to succeed and representative of two disturbing trends in the Republican party: anti-intellectualism and disregard for the rule of law. He wrote further: 

“[P]rotest against the Census is representative of two deeply disturbing trends in the Republican party: an increasingly fervent anti-intellectualism, and a growing disregard for the rule of law… [The] suggestion that people disobey the law and refuse to cooperate with the Census… is yet another example of how the Republicans, once the party of law and order, have increasingly been taken over by a faction that will use any means necessary to promote their goals… I am deeply sensitive to the possible misuse of personal information, and both governments and corporations need to do a far better job of protecting the information they collect. At the same time, however, I am a fairly big fan of the Enlightenment. I believe that rational inquiry is an essential element of modern life and that aggregated data, if properly collected, compiled, and used, can play a critical role in the formation of government policy.” 

This bill has one cosponsor, Rep. Debbie Lesko (R-AZ), and hasn’t received a committee vote. Last Congress, Rep. Ted Poe (R-TX) introduced this bill with the support of 10 Republican cosponsors and it didn’t receive a committee vote.

Of Note: There are two nationwide Census Bureau surveys: The U.S. Census, also known as the decennial census, is performed once every 10 years to estimate population, age, sex, and race demographics. Census data informs how much money states receive in federal funding and determines the apportionment of congressional and state legislative seats. 

The American Community Survey (ACS) is an annual survey that looks at population and determines where to send services and resources each year. It was developed after the 2000 Census to replace the long form questionnaire and is sent to over three million Americans each year. The ACS asks about housing, transportation, health status, employment history, income, and other topics.

Currently, the fine for refusing to answer a Census Bureau survey question can be as much as $5,000, and willfully giving false answers can be punished with a fine of up to $500. However, the Census Bureau generally doesn’t levy fines against people who don’t respond to the ACS. According to the Bureau in 2014, no one has been prosecuted for failing to respond to a survey since the 1970 Census.

Media:

• Sponsoring Rep. Adrian Smith (R-NE) Press Release
  
• 115th Congress Sponsor Rep. Ted Poe (R-TX) on Medium
  
• Beacon Broadside (Opposed)
  
• Politifact