Topic: Constitutional Issues
H.R.-3131 is a good bill This bill would remove any penalties for refusing to answer questions on the American Community Survey. Under current law you could be fined $5000 for refusing to answer any questions on the surveyby David S
(libertarian)
Wednesday, July 29, 2009
As mentioned in an earlier article, [link edited for length] the U.S. government sends the American Community Survey to a portion of the population every year. Unlike the census which is authorized by the constitution, there is no constitutional authorization for American Community Survey.
The survey asks intrusive questions such as:
Race of residents,
Hispanic Origin of residents,
Type of home construction,
Age of home,
Land area of lot home is built on,
Sales figures for agricultural products produced on the property,
Type of plumbing in the home,
Number of cars, vans and trucks kept at the home,
Type of fuel used for heating the home,
Cost of electricity, gas, water and sewer used at the home,
The worst part is that you can be fined $5000 for failing to answer the questions. Fortunately there is something you can do about it. Recently introduced bill H.R. 3131 would remove all penalties for not answering the questions. Please contact your representative and urge him to cosponsor H.R.-3131. There are currently 19 cosponsors, including Ron Paul.
The bill is only one page long. The text of the bill follows:
To make participation in the American Community Survey voluntary, except with respect to certain basic questions. (Introduced in House)
HR 3131 IH
111th CONGRESS
1st Session
H. R. 3131
To make participation in the American Community Survey voluntary, except with respect to certain basic questions.
IN THE HOUSE OF REPRESENTATIVES
July 8, 2009
Mr. POE of Texas (for himself and Mrs. BACHMANN) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
　A BILL
To make participation in the American Community Survey voluntary, except with respect to certain basic questions.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. PARTICIPATION IN AMERICAN COMMUNITY SURVEY TO BE VOLUNTARY.
(a) In General- Except as provided in subsection (b), no criminal penalty shall apply, under section 221 of title 13, United States Code, or any other provision of law, for refusing or willfully neglecting to answer questions in connection with the survey, conducted by the Secretary of Commerce, which is commonly referred to as the `American Community Survey'.
(b) Exceptions- Nothing in subsection (a) shall--
(1) apply in the case of a question that elicits only 1 or more of the items of information described in subsection (c); or
(2) be considered to waive any penalty imposed by reason of conduct described in section 221(b) of title 13, United States Code.
(c) Information Described- The items of information described in this subsection are as follows:
(1) The name of the respondent.
(2) Contact information for the respondent.
(3) The date of the response.
(4) The number of people living or staying at the same address.
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Randy there is also a fine for willfully giving false answers:
"(b) Whoever, when answering questions described in subsection (a) of this section, and under the conditions or circumstances described in such subsection, willfully gives any answer that is false, shall be fined not more than $500."
I have to add a caution here. The $500 fine comes from an older code that also specified a $100 fine for refusing to answer. The $100 fine has been increased to $5000. I don't know if the $500 fine has also been increased.
But who wants to be a liar? Contact your congress-critter and pressure him to cosponsor H.R.-3131. Then you don't have to lie.
What can I say, my memory comes and goes, you know. Besides if they actually are going to follow me around or break into my home to prove I wasn't truthful, then I think I might have to talk to a lawyer about my constitutional rights...
But I agree with your argument. It is a good bill.
Sounds like a good bill, except I don't believe I should even have to give them my contact information. Contact me for what?? To keep pestering me for the rest of the answers to the survey that I am not going to fill out? But at least the possibility of a fine would be removed, even tho according to research I have done, they have never used this particularly intimidating practice. Never know what the future may hold though. I will write to my congressman today. Thanks.
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