PolicyBrief
S. 265
119th CongressJan 28th 2025
Freedom from Government Surveys Act
IN COMMITTEE

The "Freedom from Government Surveys Act" amends Title 13 of the U.S. Code to make the American Community Survey voluntary by removing penalties for non-participation and requiring a statement clarifying its voluntary nature.

James Risch
R

James Risch

Senator

ID

LEGISLATION

American Community Survey Now Voluntary: 'Freedom from Government Surveys Act' Removes Penalties

The "Freedom from Government Surveys Act" is pretty straightforward: it makes answering the American Community Survey (ACS) completely voluntary. Right now, not responding can technically lead to fines, though they're rarely enforced. This bill, introduced by Senator James Risch, wipes out those penalties entirely (Section 2 amends 13 U.S.C. § 221).

Making the ACS Optional

This bill directly changes the rules around the ACS. The core change is in how the law treats non-response. Previously, the law allowed for penalties if you didn't answer any Census Bureau survey. This bill specifically excludes the ACS from that rule. They're also updating another part of the law (13 U.S.C § 193) to make it crystal clear that the ACS is voluntary.

Real-World Impacts: Privacy vs. Data

So, what does this mean in practice? Well, if you're someone who hates filling out those long government forms, you're off the hook. No more worrying about potential fines (however unlikely). This could be a win for people who value privacy and don't want the government collecting detailed info about their lives. For example, consider a small business owner who's already swamped with paperwork. This change means one less form to worry about.

But, here's the flip side. The ACS data is used for a lot – deciding where federal funding goes, how many representatives each state gets in Congress, and informing all sorts of policy decisions. If lots of people stop responding, the data gets less reliable. Think about it: if only certain types of people fill out the survey, the government's picture of the country gets skewed. This could mean less funding for your local schools, fewer resources for your community, or policies that don't accurately reflect the needs of everyone. A rural hospital, for example, might get less funding if the local population is undercounted.

The Bigger Picture: Freedom and Its Consequences

This bill is all about freedom from government intrusion. It's a clear win for individual privacy. But that freedom comes with a potential cost. The ACS is how the government sees us, in a statistical sense. If that vision gets blurry, it could impact everything from road construction to healthcare access. While the bill's intent is clear – more freedom – the long-term effects will depend on how many people actually choose to opt-out. It is also worth noting that Senator Risch receives significant funding from industries like Securities & Investment and Oil & Gas. While a direct link is hard to pin down, it's a fact that these industries could benefit if government oversight or data-driven regulations were reduced. It's something to keep in mind as we watch how this plays out.