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B-289852 1 (2002-04-04)

handle is hein.gao/gaocrptaodw0001 and id is 1 raw text is: 




          GAO
,Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548



         B-289852



         April 4, 2002

         The Honorable Bob Barr
         Vice Chairman
         Committee on Government Reform
         House of Representatives

         Subject: Legal Authority for American Community Survey

         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.
         §§ 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. § 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.

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