The U.S. Constitution (Article I, Section II) requires a population count every ten years “in a manner ordered by law.” Since the first census in 1790, legislators have understood that basic demographic information should be collected beyond the number of people in the household. Madison first suggested including questions in the census to “enable them to adapt public policy to the particular circumstances of the community.” Such knowledge, collected at each census, he said, “would give them the opportunity to mark the progress of society.” [6] The questions included in censuses since 1790 reflect Americans` understanding and concern about societal trends and the expanded data needs of the growing nation. [7] Opponents of the American Community Survey disagree with the Court`s findings of constitutionality. They believe that the investigation requires more information, and at a higher frequency than the simple count required by Article 1, Section 2 of the U.S. Constitution. Despite the Government Accountability Office`s finding that the Census Bureau has the authority to conduct the investigation pursuant to 13 U.S.C. § 141 and 13 U.S.C. § 193, several U.S. officials challenged the ACS as not authorized by the Census Act and as a violation of the Right to Financial Confidentiality Act. Representative Ron Paul of Texas, who opposes the TISA, said that the Founding Fathers of the United States “never allowed the federal government to continually question the American people.” [36] U.S. Census Bureau, “2020 Census Program Management Review” (1. February 2019) www2.census.gov/programs-surveys/decennial/2020/program-management/pmr-materials/02-01-2019/pmr-welcome-high-level-updates-2019-02-01.pdf?#.
As with the census, which takes place every ten years, the ACS`s responses are confidential. Every employee of the Census Bureau takes an oath of secrecy and swears for life not to disclose any identifying information. Offences may result in a 5-year prison sentence and/or a fine of $250,000. [18] Under 13 U.S.C. § 9, census responses are “immune from judicial process” and may not be “admitted as evidence or used for any purpose in any trial, litigation, or other judicial or administrative proceeding.” Cole asked us to check whether Americans are legally required to respond to the survey. “I can see the validity of some of the questions,” he said, others less so. The material he received indicates that the office estimates that it takes 40 minutes to complete. (See the 2014 questionnaire, which contains more than 50 questions for each person in a household, here.) Bob Cole, who hosts Austin`s weekday morning show KOKE-FM, said on Jan. 7, 2014, that he couldn`t believe the U.S. Census Bureau had told him he was legally required to participate in a government investigation. Unlike a survey that collects data for a sample of the population and uses that sample to derive characteristics for the larger population, a census aims to count each person. If you complete the survey online or on paper, the census officer does not have to visit your home.
5W. Gardner Selby, “Americans Must Answer U.S. Census Bureau Survey by Law, Although the Agency Has Not Filed a Lawsuit Since 1970,” PolitiFact, p. 9. January 2014, www.politifact.com/texas/statements/2014/jan/09/us-census-bureau/americans-must-answer-us-census-bureau-survey-law-. B-289852 April 4, 2002 The Honourable Bob Barr Vice Chairman of the Committee on Government Reform Of the House of Representatives Subject: Legal Authority for the U.S. Community Survey Dear Mr. Vice President: This responds to your letter regarding the legal authority of the United States Census Bureau (Bureau) to conduct the American Community Survey (ACS), a monthly survey of a sample of households, which, from 2003, is intended to replace the long-form questionnaire for the 2010 decennial census. You have asked us for (1) the legal authority under which the Office directs the ACS, including the legislative background regarding the development and implementation of the ACS, (2) the Office`s legal authority to require recipients to respond to the ACS, and (3) information on any other federal government questionnaire or survey that requires similar specific requirements, to be provided.
Detailed personal data will be provided to the government. To answer your questions, we reviewed various legislative documents such as public legislation, committee reports and hearings, as well as congressional minutes for references to the TISA, solicited and received comments from the Department of Commerce, and met informally with trade and office officials to discuss these issues. We also searched an Office of Management and Budget (OMB) database for investigations that required certain detailed personal information.