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Makes the American Community Survey (ACS) voluntary. It amends Title 13 to remove penalties for refusing or neglecting to answer any ACS question and requires the Secretary to include a clear statement on the survey that participation is voluntary.
Amend Section 221 of title 13, United States Code, by adding a subsection (d) that says subsection (a) will not apply to any person who refuses or neglects to answer any question on the American Community Survey (or any successor survey). In plain language: a person will not be penalized for refusing or neglecting to answer ACS questions.
Amend Section 193 of title 13, United States Code, by adding a subsection (b) that requires the Secretary to include on the American Community Survey (or any successor survey) a statement that participation in the survey is voluntary.
Who is affected and how:
Individuals and households: The law directly affects people who receive the ACS by removing legal penalties for nonresponse and by requiring a clear voluntary participation notice; people may be more likely to decline or skip questions.
U.S. Census Bureau (Department of Commerce): Must update ACS forms, instructions, outreach, and legal guidance to reflect the voluntary status and the required notice. The Bureau will need to adjust operational messaging and possibly field procedures.
Researchers, planners, and data users (federal, state, and local governments, academics, nonprofits, and businesses): Rely on ACS for demographic, social, housing, and economic estimates used in planning and program design. Voluntary participation typically lowers response rates and increases risk of nonresponse bias, which can reduce precision and reliability of small-area estimates used for resource allocation and planning.
State and local governments and program administrators: Many local planning decisions and some program formulas use ACS-derived estimates. Changes in ACS legal status may reduce data quality for community-level estimates, complicating planning and eligibility determinations that depend on accurate population and housing characteristics.
No funding or mandates for states/localities are imposed by the text; the changes are limited to survey legal status and notice requirements.
Net effect: The amendment alters the legal footing of the ACS and the Census Bureau's required communications. While the text itself focuses on penalties and notice, downstream impacts are primarily operational and analytical: potential lower response rates, greater uncertainty in ACS-based statistics, and consequential effects on planning, research, and federal/state/local decisionmaking that rely on ACS data.
Adds at the end a new subsection (d) titled 'Voluntary nature of American Community Survey' stating that subsection (a) shall not apply to any person who refuses or neglects to answer any question on the American Community Survey (or any successor survey).
Makes two amendments: (1) strikes and inserts text for subsection (a) (quoted in the section as: '(a) In general\n\nIn advance; and'); and (2) adds at the end a new subsection (b) titled 'Clarification of voluntary nature of American Community Survey' directing 'The Secretary shall include on the American Community Survey (or any successor survey) a statement that participation in the survey is voluntary.'
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Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced January 28, 2025 by James Risch · Last progress January 28, 2025
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Introduced in Senate