[EL] Preliminary Census survey form

[Levitt, Justin]

13 USC 221<https://uscode.house.gov/view.xhtml?req=(title:13%20section:221%20edition:prelim)%20OR%20(granuleid:USC-prelim-title13-section221)&f=treesort&edition=prelim&num=0&jumpTo=true>.  Tests connected to the Census are likely just as “authorized” under 13 USC 141<https://uscode.house.gov/view.xhtml?req=(title:13%20section:141%20edition:prelim)%20OR%20(granuleid:USC-prelim-title13-section141)&f=treesort&edition=prelim&num=0&jumpTo=true> as the Census itself.

As for enforcement, from the Census Bureau itself, in 2010 (https://web.archive.org/web/20100704172418/http://www.census.gov/acs/www/Downloads/CT_%20answers.pdf<https://web.archive.org/web/20100704172418/http:/www.census.gov/acs/www/Downloads/CT_%20answers.pdf>), the very last question on the FAQ in the context of the ACS:

Both Title 13 and Title 18, United States Code, provide for monetary penalties for failure to respond. Title 18, U.S.C., Section 3551, et seq., the Sentencing Reform Act of 1984, establishes uniform penalties for all federal crimes. Title 13 U.S.C., Section 221, makes it a misdemeanor to refuse or willfully neglect to complete the questionnaire or answer questions posed by census takers and imposes a fine of not more than $100. This fine is changed by the Sentencing Reform Act of 1984 from $100 to not more than $5,000.

The Census Bureau is not a prosecuting agency. Failure to provide information is not likely to result in a fine. The Census Bureau staff work to achieve cooperation and high response rates by helping the public understand that responding to the ACS is a matter of civic responsibility, and prefers to encourage participation in this manner rather than prosecution.

From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf Of Steven John Mulroy (smulroy)
Sent: Saturday, July 20, 2019 10:48 AM
To: Charles H Stewart <cstewart at mit.edu>
Cc: law-election at department-lists.uci.edu
Subject: Re: [EL] Preliminary Census survey form

Is the boilerplate about the legal obligation to respond just bluffing? The statutes they cite do not seem to support an obligation to respond, and I was always under the impression that responses were voluntary.  I suppose there could be some generic statute under title 18 that could be read to apply here, but I don't understand why the form wouldn't cite such a statute if it existed.

I understand that even if there were such a technical requirement,  enforcement would be so rare as to be unheard of and as a practical matter render it the same as there being no legal obligation. I'm just wondering what legal basis if any there is for the forms assertion that recipients are obligated by law to respond.
Sent from my iPhone. Please excuse typos.

On Jul 20, 2019, at 10:11 AM, Charles H Stewart <cstewart at mit.edu<mailto:cstewart at mit.edu>> wrote:
Here is the link to the Census Bureau press release about the test. The test has been covered in several news reports. https://www.census.gov/newsroom/press-releases/2019/2019-test-begins.html
Charles Stewart III
MIT
Sent from my iPad

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