Legal Authority for American Community Survey, B-289852, April 4, 2002

B-289852 Apr 04, 2002 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Is intended to replace the long form questionnaire for the decennial census in 2010. You asked us to provide (1) the legal authority under which the Bureau is conducting the ACS. Although there is little legislative action tracking this Bureau initiative. We found no other government surveys that respondents are required to respond to that ask specific. Which is designed to replace the long form portion for future decennial censuses. Data will be available for areas and population groups of 65. This will provide information on a timelier basis than is now currently available. The most current long form information available from the Bureau is from the 1990 Census. Since the 2000 Census data will not be available until this summer. View Decision Legal Authority for American Community Survey, B-289852, April 4, 2002 The Honorable Bob Barr Vice Chairman Committee on Government Reform House of Representatives Dear Mr. Vice Chairman: This responds to your letter regarding the legal authority of the U.S. Census Bureau (Bureau) to conduct the American Community Survey (ACS), a monthly survey of a sample of households that, beginning in 2003, is intended to replace the long form questionnaire for the decennial census in 2010. You asked us to provide (1) the legal authority under which the Bureau is conducting the ACS, including any legislative history concerning the development and implementation of ACS, (2) the Bureau's legal authority to require recipients to respond to the ACS, and (3) information on any other federal government questionnaires or surveys that require similar specific, detailed personal information be provided to the government. In order to respond to your questions, we examined various legislative materials such as public laws, committee reports and hearings, and the Congressional Record for references to the ACS, requested and received comments from the Department of Commerce (Commerce), and met informally with Commerce and Bureau officials to discuss these issues. We also searched an Office of Management and Budget (OMB) database for surveys that require specific detailed personal information. As discussed in detail below, we find that the Bureau has the authority under 13 U.S.C. Secs. 141 and 193 to conduct the ACS. Although there is little legislative action tracking this Bureau initiative, the Bureau clearly has authority to require responses from the public to this survey. See 13 U.S.C. Sec. 221. The Bureau must still receive clearance for the ACS through the Paperwork Reduction Act process. Finally, we found no other government surveys that respondents are required to respond to that ask specific, detailed personal information similar to that required by the ACS. BACKGROUND According to Commerce, the ACS, which is designed to replace the long form portion for future decennial censuses, tracks the questions asked in the long form questionnaire from the 2000 Census. The long form questionnaire asked a sample of persons and households for information on population topics, such as ancestry, veteran status, disability, labor force status, and income, and housing topics, such as value of home or rent paid, size and age of structure, plumbing and kitchen facilities, and expenses for utilities, mortgage, and taxes. The Bureau began conducting supplementary surveys of selected counties under its authority at 13 U.S.C. Sec. 182 in 1996 using the ACS methodology to test the operational feasibility of collecting long form type data in a different methodology from that of the decennial census. Beginning in 2003, the Bureau plans to expand the ACS nationwide in a yearly sample of three million households (250,000 each month) as part of its decennial census in order to move from a once-every-ten years activity to continuous data collection and data dissemination. By starting in 2003, data will be available for areas and population groups of 65,000 or more beginning in 2004 and for small areas and population groups of less than 20,000 people beginning in 2008. /1/ According to Bureau officials, this will provide information on a timelier basis than is now currently available. For example, the most current long form information available from the Bureau is from the 1990 Census, since the 2000 Census data will not be available until this summer. According to Commerce, the ACS information will provide more current data to a number of federal agencies including the Department of Health and Human Services, the Department of Education, and the Food and Nutrition Service of the Department of Agriculture. DISCUSSION Article I of the United States Constitution requires an enumeration of the population every ten years "in such Manner as they [Congress] shall by Law direct." U.S. Const. art. I, Sec. 2, cl. 3. To implement this Constitutional requirement, Congress enacted 13 U.S.C. Sec.