American Community Survey »
Did anyone else receive one of these? According to their web site, US Code Title 13, sections Section 141 and Section 193 your response is required by law.
In reality, those sections outline that The Secretary (who is presumably defined elsewhere) can take surveys as a part of their census process. It is Section 221 that requires you to respond:
Whoever, being over eighteen years of age, refuses or willfully neglects, when requested by the Secretary, or by any other authorized officer or employee of the Department of Commerce or bureau or agency thereof acting under the instructions of the Secretary or authorized officer, to answer, to the best of his knowledge, any of the questions on any schedule submitted to him in connection with any census or survey provided...
That's just a crock.
Oh, sure, census information is useful and all that. It's just the principal of it. I guess I'll have to ask the nice lady who came to my door for some evidence that she is an authorized officer or employee of the Deparment of Commerce, or a bureau or agency thereof acting under the instructions of The Secretary.
Heck, I'd pay the $100 if it weren't for Title 18, Section 3571 (allegedly Section 3559 as well, but that seems to deal with imprisonment and not monetary fines). With it on the books, the "not greater than $100" fine becomes "not greater than $5000" fine. That really blows.
Comments (146)
I was looking for something else but somehow stumbled on a link to this clip. I had to respond.
Do you have a CVS card or a card from your grocery store? As much as you are worried about a survey that is was put into law by the founding fathers to guarantee the equitable distribution of house seats, at least the privacy and confidentiality of the information is confidential -- unlike information from your credit card, your purchasing history, or what telephone calls you made this afternoon.
Pick your battles rather than edify your ideologies.
Posted by b on February 6, 2006 12:31 AM
Ah, but you miss the point.
I'm really not concerned about the privacy aspect.
What bothers me is the fact that in what is purported to be a free country, it seems more and more that the government requires certain actions be undertaken. I think that's wrong.
Taxes bother me, but more because of the waste of government than the fact that I must contribute something.
Social Security bothers me because I am paying into a system that allegedly was set up for the benefit of people, but in reality the government uses to shore up its budget.
Animal licensing bothers me because I already spend a ton of money on our animals, and an extra $10 a year, while it's not going to break me, isn't going to make me take care of them any better, while I can lose those animals if I don't spend the money.
Spending hundreds of millions of dollars on a sports complex for a privately owned enterprise bothers me. Why can't I get a subsidy like that for my company?
And yes, having to provide information to the government bothers me, no matter the level of confidentiality. This is partially because I have been required to do so and partially because those equitable house seats are so useless.
The government envisioned by our forefathers was one where the government represented the people - not the other way around, where people are constantly infringed upon by a government purporting to act in their best interest.
Posted by Chad Everett on February 6, 2006 6:13 AM
Hmmm, so how do you feel about conscription, aka "the Draft"?
Posted by Marty on February 18, 2006 8:52 PM
We got this census in the mail a few weeks ago and are trying to ignore it-can't beleive that they are threatening legal actions if we don't respond-we got another with friendly threats yesterday and I am truly unnerved-I can't deal with all the questions that we are supposed to answer-so personal! And the stupid comments about how they are going to use all of this information for school and community funding-I believe it about as much as I believe Bush really won the 2000 election-Lord have mercy on this country.
Posted by Tatum on February 22, 2006 12:52 PM
Tatum, just be careful. According to the citations I found above, you can indeed be found liable (for not more than $5000) for refusing to answer, or for answering falsely. If you can afford it, bravo. But many people can't!
Posted by Chad Everett on February 22, 2006 12:56 PM
I have a hard time believing that a person could be fined or otherwise prosecuted for ignoring a piece of mail addressed to "Resident." However, I have been surprised, shocked, saddened, etc. by a lot of things that our gov. does to us.
Posted by 6 on February 27, 2006 11:41 AM
I received the American Community Survey last April 2005. We did not answer ANY questions, except for head count in our home. Weeks later, a census taker appeared at our door. I informed her that this census was unconstitutional, except for answering the number of people in the home, and politely declined. The following evening a message was on our recorder from the Twin Cities (I'm 100 miles away) requesting a call-back that evening and emphasizing we MUST answer these questions by law. We did not call back. The next day, a Federal Express package arrived from the Census Hqt with all sorts of slick pamphlets and another letter stating we MUST answer these questions by law. We never responded to any of this coersion.
However, I spoke with a laywer by phone and called my state representative and one of the state senators. The senator's office said we did not have to answer it by law. The representative's aide, when I quoted Title 13, Section 221, stated that United States Code cannot be changed and if it says a $100 fine for not answering, that is what the fine is, if it is enforced. This dispelled other rumors of $5,000 fines for me. The laywer also said to just ignore the pressure and don't answer if we didn't want to.
I then wrote a long editorial for our local paper and any other area paper that would take it. People need to contact their senators and representatives and PROTEST the use of OUR TAX MONEY to conduct this intrusive information gathering program. If you don't stand up to this, soon they will demand to know your underwear size. Put an editorial in your paper and advise others to NOT ANSWER, except for the head count answer. We have never heard from the American Community Survey again, and it has been almost a year.
Again, I cannot emphasize enough the need to call your senators/representatives and MAKE NOISE. This is a stealth census...your neighbor and friends will not get it the same time you do, causing you to stand alone and probably cave in to answering it. Don't do it....inform others this is coming. One has to wonder why it is being distributed this way.
Private Citizen
Posted by Private Citizen on March 2, 2006 4:37 PM
Private Citizen agreed to share their letter to the editor, which I reprint here with their permission. This was orginally submitted under the title Big Brother Wants to Know All. I have edited the contents slightly for appearance.
Even though it is not a census year, the U.S. Census Bureau is conducting a "rolling census" called the American Community Survey (ACS).
They are sending the survey to one segment of the population at a time, rather than doing it all at once, with the idea of getting to everyone by the year 2010. We received the ACS in January (editors note: I believe this was 2005). Along with the survey, several glossy pamphlets were included, explaining the supposed need for this information with much assurance that all information is strictly confidential and protected by the Census Bureau. The questions are very intrusive, inquiring into the daily and personal habits of each member of your household. For example, under "Housing" you are asked how many vehicles you have; monthly fuel, water, and electricity costs; monthly rent or mortgage; estimated value of your property and annual property insurance. Forty-two questions are listed to be answered by each person in your household.
Disturbing questions in this section include a question asking if you have any physical, mental, or emotional conditions that would make it difficult for you to go shopping or go outside the home, involvement of the grandparents in raising the children, and the exact time you leave for work and name of your employer. It's difficult to imagine a legitimate reason for a government entity to demand this kind of information from its citizens. If you have concerns about Big Brother becoming too interested in your private affairs you will not like this survey.
The U.S. Constitution provides for a census every 10 years, which is simply a headcount for congressional redistricting - nothing more. After deliberating many weeks, we decided to give the only answer required by the Constitution - the number of people in our household. However, several weeks later, we were contacted by a census taker. I explained why we would not answer the other questions. Two days later a Federal Express overnight mailer arrived with a letter from the Regional Director of the Census Bureau, emphasizing that our participation is REQUIRED by law. That evening, a census supervisor from the Twin Cities left a message on our recorder, stating that our answers are required by law and requesting a return call that evening. This orchestrated pressure is both intimidating and upsetting.
Sadly, Congress, being well-aware of the questions on this survey, appropriated the money (OUR tax dollars) to the Census Bureau to conduct this detailed information gathering on every American citizen. United States Code Title 13, Section 221 states that no one can be fined more than $100 for not particpating in a census. If it comes to this, we'll pay the fine to protect our Constitutional right and to protect ourselves from government intrusion. When you receive the American Community Survey in the mail, please contact your Senators and Representatives and let them know how you feel. Don't be intimidated into providing personal and private information that you normally would not give to just anyone, much less the federal government.
Posted by Chad Everett on March 3, 2006 11:18 AM
Me again. As I mentioned above, I am not a lawyer. If you are thinking of ignoring the requests, you may want to consult one. My own findings seem to indicate that the US Code says that they can ask whatever they want - so long as it is connected with the census or survey provided, and done under the proper 'authority'.
This may or may not make the act unconstitutional. But just because something is unconstitutional doesn't mean you'll have an easy time fighting it. It also doesn't mean you shouldn't. Just be ready. It also doesn't mean that the included questions are allowed, and I haven't researched that. Anyone who has, and can add to it, I'd love to hear your findings.
For one, US Code Title 13, Section 141 letter d (I'm not sure what that letter is called, perhaps 'subsection') says that the secretary may order a mid-decade census in 1985 and every 10 years thereafter.
For another, it is perhaps correct that the US Code may not be changed. Not being a lawyer, I don't know. But the passage I just cited has a date of 1985. So it can certainly be amended. And Title 18, Section 3571 appears to do just that - amending the fines, making it possible for them to increase to not more than $5000 instead of not more than $100. Consult a lawyer if you are unsure.
Posted by Chad Everett on March 3, 2006 11:28 AM
Don't be so quick to believe those who tell you that they are allowed to ask you anything they want to ask you and that you are required by law to respond and respond truthfully.
Title 13 sections 141 and 193 are reported to allow the Census Bureau to ask whatever they want. The truth is that those subsections allow for any census, sampling, survey, etc. 'as necessary' for the 'initiation, taking, or completion thereof.'
Think about that 'as necssary' qualifier. Statistics on personal lifestyle are not necessary to the census.
Further, everyplace where census is defined in Title 13, it is defined as 'decennial enumeration of the population' (that is its statutory definition). All sampling, surveying, etc are related back to the census which according to Title 13 is the 'decennial enumeration of the population.'
Of course, the census bureau can take the position that they are allowed to ask you anything they want to ask you. They can even take the postion that you must respond. When someone who is trying to manipulate you tells you something is true, don't believe them - even if they write it down and cite statutes.
It is incredibly easy to cite sections and subsections of law in such a way that you can reinforce your position or make a point. The unfortunate thing is that the law is so complex, it is almost impossible for the average adult to research the law.
The question of the lawfulness of the ACS has never been heard by a court. Until it is, the census bureau will just keep pushing people around taking their privacy away.
Isn't it suspicious that the Census Bureau has never prosecuted anyone for not responding. Why not? Wouldn't it encourge better response rates? Or would it expose the unlawfulness of the ACS?
Posted by Sceptic on March 3, 2006 5:50 PM
Amen to privacy, I will not answer anyone one who comes to my door about how much my monthly electric bill is, and I won't start now, I agree with Chad, I will not give anyone Info that I deem private, THAT IS MY RIGHT.
I will not succumb to threats from anyone, also my right is to stand and bear arms, enough of it, like Iraq, how would all of you who want to be so quick to answer these questions like the idea of another country coming in here to your home, grabbing you out of your homes, herding you into detention centers and then cramming down a new form of government down your throats as well as how your going to live, what your going to eat, you wouldn't like it would you, so go on and answer them and see what happens.
Keep watch because if you don't the N.W.O will have you for breakfast!
Posted by J on March 8, 2006 3:08 PM
To my knowledge, the purpose of the census is to find out how many residents of voting age are in each district. We recieved a "long form" census in 2000. All the information we gave is the head count of anyone 18 years or older. That is all that is required by law. Someone working for the census bureau (a bossy woman) came to our house and we simply told her that we knew the law and were not divulging any more information. She said if we didn't comply, she would send "U.S.Marshalls". We told her to go ahead, and never heard from them again. If we get the new long form, we will do the same thing. If we don't stand up now, things will only get worse. Please, assert your rights. We all have the right to be suspicious of ANYONE who asks for such personal information.
Posted by Caryl on March 30, 2006 1:59 AM
I recieved a call this Sunday regarding why I had not sent in the American community survey. As I was in the process of doing my taxes for 2005, I informed the nice lady that she/the federal goverment has the appropriate information already in the form of my tax return from 2004.
I let her know how many folks live at my home and that I was not interested in filling out such an outrageous survey. Apparently there is a law which prohibits the census bureau from trading info with the IRS. I found it baffling and frustrating that I as a taxpayer am being asked to duplicate much of the same info twice. This is an outrageous waste of taxpayer money (nevermind my time).
It baffles me that Olympia Snow made head lines in the Bangor, Maine papers this past Saturday by demanding accountability on those corporations which have been fined for various federal offenses ranging from enviromental to mine safety etc. There are billions of uncollected fines. Where is the acountability?
Instead, some of our elected officials have decided to go after the single taxpayer with threats of legal action. I can imagine an elderly person recieving this notification from the census bureau. In my opinion this action is both unconstituitional and down right predatory.
I plan to contact my elected officials on this matter and my attorney if need be and demand some accountability both ethical and monetary along with some common sense.
Posted by US Citizen on April 2, 2006 11:25 PM
I recently received the Census Bureau's ACS and when I looked inside I could scarcely believe what I saw. I was deeply offended and outraged. I am not accustomed to using foul language at all but as I threw the ACS in the trash I used some language directed at it I haven't uttered in nearly 20 years. There is no way they could get away with forcing anyone into answering this thing against their wishes. If brought into the public eye there would be a tumultous outrage.
Don't be intimidated by the lying idea that everyone else is answering the ACS and you should too.
Don't be intimidated by the lying idea that if you don't comply that they'll ruin your life as the IRS has done to so many.
Don't be intimidated by the lying idea that it is your duty to support your country and not being rebellious.
This ACS asks for information that is none of their business.
Privacy laws prevent even the federal government from gathering this information. If it were legal it would be much simpler and faster for the Feds to simply demand information from the customer databases of other government agencies, utility, educational, and banking institutions and others. Harvesting the data in this fashion could be very quick and quiet. After this was compiled they could simply "fill in the blanks" of missing information on a shorter "more palatable" ACS and have their precious profiles.
One reason they don't do it that way is because it is illegal, as stated by a previous writer quoting a census taker.
If you'd like to read a well educated and documented perspective you'll enjoy a piece written by Dr. Edward L. Hudgins Director of Regulatory Studies at the Cato Institute.
Posted by Scott, another concerned American Citizen on April 6, 2006 10:58 PM
I have been badgered by some lady on the phone to participate in the American Community Survey (Sounds so warm and fuzzzy, don't it?). She went on that it is a legal mandate to participate and that I could get in trouble for not responding. I went on-line and read Title 13 as well. Specifically, Article I of our Constitution says that an enumeration of the population should be conducted every ten years.
The Census Bureau is charged with carrying out the enumeration in the "manner" as told to by Congress. So far, this says to me that Census is told what to do and the manner in which to do. Although, with the American Community Census, it appears that Census Bureau has unilaterally decided to add on all this social engineering cr*p to support more endlesss transfer programs.
I found a copy of the Survey questions on-line, and the damn thing even wants to know if I can bathe myself and how fertile are the all women between 15 and 50 who live in the household! What's next?
The Census Bureau wants to know all about your finances: Your income with full details including if your income is from umemployment, social security, Disability, ets. They want to konw what type of work you do, if you're self-employed & how much you earn, job title & category, the number of hours you work, your loans, debt, your utility bills, your insurance coverages (shouldn't that remain between you and your broker?), hours you work and where, specific address of your employer and contact info, how long it takes you to get to work and when you leave in the morning, your medical and emotional health issues, your ability to remember or problems with your vision (this was the type of questions the Nazis asked the Jews before they gassed them) how much income each person who lives in your household makes, ethnicity, country of origin, age, date of birth, social security, veteran status, student loans, how you get to work, how old your kids are, their names and where they go to school, what disabilities you have.
They want to know how many cars you have, how big your place is and when it was built. They want to know how many people live at your place, their ages and relationship to you, if they are students and where do they attend? They ask how many phones, bathrooms, johns, showeres, and tubs you have and if you're a citizen or not. They ask how much you spend on utilites and how you heat your place. They ask how much your rent/mortgage and real estate property taxes are. They want to know if you pay condominum or homeowner association fees and what kind of kitchen facilities you have. They ask how big your lot/acreage is, do you run a business from home, do you collect food stamps or welfare, what level of education have you completed, what your disabilites are, your ancestry, your age, your ability to speak English, and how long it takes you to commute to work.
THIS IS MANDATORY AND THE PERSONS ASKING FOR IT MAY VERY WELL BE "INDIVIDUALS SEEKING TO MAKE TRANSITION FROM WELFARE TO WORK", PER PUBLIC LAW 105-19 TITLE II SECITON 299 PASSED ON NOVEMBER 26, 1997 WHICH IS AN AMENDMENT TO TITLE 13. THE AMENDMENT'S WHEREAS STATES THAT CONGRESS WANTS "MAXIMIZED CENSUS EMPLOYMENT OPPORTUNITIES FOR INDIVIDUALS SEEKING TO MAKE TRANSITION FROM WELFARE TO WORK". NOW ISN'T THAT JUST FRIGGING TOO DAMN SPECIAL, IN THIS ERA OF IDENTITY THIEF, YOUR GOVT WANTS TO ASK YOU TO TRUST THEM TO DELIVER BASICALLY YOUR ENTIRE LIFE INTO THE HANDS OF AN UNKNOWN WORKER WHO LIKELY JUST GOT OFF OF WELFARE, WHOOPS! I MEANT "AN INDIVIDUAL MAKING THE TRANSITION". BULLCR*P, I AM FED UP WITH BUREACRATS PUSHING THE TAX-PAYING PUBLIC AROUND.
THE GOVERNMENT HAS NO BUSINESS IN MY FAMILY LIFE, MY MEDICAL OR ECONOMIC LIFE, THEY SHOULD BE COUNTING ME, NOT AUDITING ME! THE RESULTS OF THIS SURVEY WILL BE USED BU GOVT TO SELL YOUR INFORMATION EVENTUALLY, (THEY'LL SAY THEY ARE GOING TO "AMONYITIZE" IT, BULLSHI*, GET REAL, THEY GOT ALL YOUR INFO, YOU THINK THAT THEY'RE GONNA "UN-GET" YOUR INFO? OF COURSE NOT? HELL, THEY'LL HAVE DOSSIERS ON YOUR KIDS BEFORE THEY'RE EVEN BORN (BASED ON THE FERTILITY SECTION) THE BUREAUCRACY & POLITICOS JUST WANTS SCREW WITH THE "RESULTS" WHICH YOU CAN EASILY SEE WHAT THEY WILL BE BY READING ALL OF THE QUESITONS) TO SHORE UP MORE FUNDS FOR MORE PEOPLE TO SIT ON THEIR ASSES.
What about you?
Posted by TBELLO on April 10, 2006 6:00 AM
I received 2 phone calls from pleasant census bureau drones. I heatedly expressed my total noncompliance and one said she got that alot, but she was just a worker - sounds like a Nuremberg trial excuse to me. I'm expecting the personal visits to begin shortly. I shall send off my checks to The Treasury next week gleefully knowing I'm funding my own harassment.
Posted by Rigid on April 11, 2006 7:49 AM
I recieved a third call this Monday eve and informed the person I would be happy to comply with the basic questions of how many people live in my house.
I then informed the person that "the day I fill out the ACS in its entirety is the day the federal goverment puts a serial number on my arm".
I have contacted my congressman and the media. I especially feel for the older people in this country who must be terrified when recieving this survey. They are being preyed upon.
I agree with the previous blogger. This same type of survey was carried out by the Nazis years back. I'm ashamed of our elected officials for lettting this Census get so out of control.
We the people!
Posted by Mark Mitchell on April 12, 2006 6:54 AM
Here is a Denver TV interview from March 06.
Posted by Rigid on April 18, 2006 11:43 AM
I got a survey too and found the tone overbearing (says right on the enevelope -- response required by law) and way too personal.
If they do want to know how much I make and when I leave for work, why not just ask a range of numbers instead to keep things anonymous (like they claim to keep this survey!)
And why aren't more people against these kinds of surveys? It didn't even make headlines anywhere?
Posted by Anonymous on April 23, 2006 4:55 PM
We also have had the misfortune of being selected "at random" for the ACS. However, last October a car was parked across the street from our house and some guy was sitting in the driver's seat with a clipboard taking notes. I thought it might have been the property assessor but now I think it was the ACS tracking which houses they wanted to "randomly" select!!
We feel as others do that the more power we give the government, the more they'll take. What happened to We the people, or Liberty and justice..? We are standing firm on IT'S NONE OF THEIR BUSINESS. We have received 35 phone calls this month, (have not answered phone) and fully expect the doorbell to start ringing soon.
Let's fight this together!
Posted by Determined on April 25, 2006 5:42 PM
Looks like they are more intrusive since the evil Bush took the office. Half a year later they are still bothering me. I won't give them a thing unless they send me a court order.
They first called me with a different case number and now with a new number, how ridiculous they are. If they can't even get the case number right, how on earth will they think they won't mess up with my private information.
Even the phone number, 888-817-2153, is not listed on their web site. Are they another CIA or what? If they are elusive and not honest with their own phone number, how could they think I would be comfortable giving my private info? Since they are ABSURDLY INTRUSIVE, I will be DILIGENTLY EVASIVE!!!!
Check out another related blog here.
Posted by Anonymous on April 29, 2006 10:48 PM
I have always felt that asking someone their race condones racism as opposed to eradicating it. I, too, received the ACS, and I was thinking about filling it out - minus the identifying info and scanner label on the front (a marker should take care of that). What exactly is the minimum participation required by law? I am open to suggestions...
Posted by Rebecca on April 30, 2006 7:01 PM
Do you like to meet people? Would you like to knock on doors? Do you enjoy asking probing questions for the good of society, regardless of how personal? Do you want to make a DIFFERENCE? You can earn up to $15 per hour part-time being a statistic-wonk for Uncle Sam. Why work at the post office when you can irritate more people in their homes? Act now.
Posted by postal on May 5, 2006 9:40 AM
Simply put, the Constitution requires the completion of the questions regardless of whether you like them or not. The key component of the Constitution is Article 1, Section 2, Clause 3 which reads:
"The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct."
The key is the phrase "as they shall by law direct" which refers to the requirements set forth by Congress itself. Any time Congress spends money it wants to know if the money is well spent and includes provisions to determine if the money is doing what it was intended. For example, if you take 45 minutes to commute to work and new roads are built or highway lanes added does your commuting time decrease? The questions are designed to provide statistics on a range of issues.
Failing to respond simply means that you do not wish to uphold the Constitution. I live in Oklahoma and one of the Representatives opposed the long form a few years ago but when it was pointed out that he was responsible for each and every question because of the legislation that was passed he quickly shut up. If a representative is smart enough to complete the survey and understand its value in the face of his own ignorance of the issue surely anyone else can as well.
Posted by Constitutionalist on June 2, 2006 4:28 PM
I think I'll take the risk of a fine rather than give up my right to privacy. Besides, are they anymore likely to 'uphold and enforce' this fine than they are doing with the immigration laws? Not if enough people stand up and tell them to get lost.
Posted by feeling violated on June 3, 2006 8:55 AM
The disturbing part of this "American Community Survey" is that it opens the doors to future, even more intrusive questions. Is that really "American"? I don't think so. Let us all stop this nonsense now! If we don't petition to end this survey, this government will head down the path toward fascism.
Posted by David S on June 4, 2006 12:08 AM
You people are overly alarmist! This ACS is justified because our beloved Federal Government wants to assist us in every facet of our miserable existences.
Oh, by the way... how many firearms do you own? What are the serial numbers? Do you own stocks? What companies and how many shares? How many abortions have you supported? What race baby do you hope to adopt? When you drink, do you support American brewers/distillers or are you a traitor with imported booze? When you were on active duty, were you ever the "big pot man" on KP? What? You refuse to respond to these innocuous queries? What are you, UN-American? The downhill slope begins with the ACS, and the complete assurance of anonymity by our caring government. Book it!
Posted by portwood on June 5, 2006 8:08 AM
I refuse to be intimated by government tyranny. This is not just a survey. This is a systematic "survey" performed on 10% of the population every year. "Aggressive" is how they define the tactics employed. Intimidation and harassment is the real method used. Most people relent to make them go away.
Calling on weekends, during dinner and staking out my house at lunch time to "catch me" to name a few of the harassing tactics. Multiple threatening mailings, some left on my doorstep. Messages left on my message machine and on and on it went. All along the way I told them there were 4 red blooded AMERICANS living here and that's all I'm going to tell you. The rest is none of your business and you won't get any more Info from us. They only stepped up their efforts, getting increased threats and mail for 2+ MONTHS!
So I started reading everything I could find and sent a stinging letter off to my U.S. House Representative, and let them know one of their goons pounded on my door for half an hour then called me on his cell phone when I wouldn't answer the door. The other goon showed up at 9:15 PM and tried to get the info out of my wife.
THE BOTTOM LINE: THIS IS NOT JUST FOR STATISTICAL PURPOSES! THEY ARE GATHERING FAMILY DOSSIERS, FOURTY QUESTIONS PER PERSON. THIS DATA IS NOT SECURE. THEY WILL BE SHARING THESE FILES WITH 4 OTHER AGENCIES OF THE FEDERAL GOVERNMENT (NO INFO ON WHICH ONES).
YOU WILL HAVE A CASE NUMBER KEPT ON A SEPARATE SERVER AND YOUR ANSWERS WILL BE KEPT IN A DATABASE FOREVER. WHY IS THERE NO CLAUSE TO PURGE THE INFO? THIS IS A KGB PROFILE ON EVERYONE IN THE COUNTRY. SECURE?
It only takes ten minutes for a president to sign an executive order and your case number will tell all. Maybe some data manager will take the info home on a disk and have it stolen like 26.5 million veterans did recently. No database on this planet is completely secure. The effort put into this is not for statistics. It is to know everything about everyone, gathering 10% of the population per year.
Your dossier in your government's hands. I see more rights eroding faster every day. What happened to privacy?
YOU ARE STUPID IF YOU SUBMIT TO A DATABASE ON EVERYONE IN YOUR HOUSEHOLD. Ask the Jews who had to register in Germany and the other ethnic resistors in Stalinist Russia. Think about the incumbents who passed this comprehensive information threat next time you vote.
I will never give this information nor cooperate in any way ever again.
If they put these people to work on catching illegal invaders (they survey them too) we would not have 20 million consumers of 36 gallons of water per day.
Posted by Greg on June 8, 2006 11:02 PM
Title 13, chapter 7, Sec. 221.: (a) Whoever, being over eighteen years of age, refuses or willfully neglects, when requested by the Secretary, or by any other authorized officer or employee of the Department of Commerce or bureau or agency thereof acting under the instructions of the Secretary or authorized officer, to answer, to the best of his knowledge, any of the questions on any schedule submitted to him in connection with any census or survey provided for by subchapters I, II, IV, and V of chapter 5 of this title, applying to himself or to the family to which he belongs or is related, or to the farm or farms of which he or his family is the occupant, shall be fined not more than $100.
TITLE 18, PART II, CHAPTER 227, SUBCHAPTER C, Sec. 3571.
(a) Fines for Individuals.--Except as provided in subsection (e) of this section,
(e) Special Rule for Lower Fine Specified in Substantive Provision.--If a law setting forth an offense specifies no fine or a fine that is lower than the fine otherwise applicable under this section and such law, by specific reference, exempts the offense from the applicability of the fine otherwise applicable under this section, the defendant may not be fined more than the amount specified in the law setting forth the offense.
You can only be fined 100 per section e.
Posted by Anonymous on July 11, 2006 10:59 PM
True enough. But that's why you need to read Section 3571. It increases the fine to $5000.
Posted by Chad Everett on July 12, 2006 9:49 AM
My mom got this survey and I sure am glad that this site came up at the top of the list when I tried to look up section 193! I haven't even finished reading all three pages, but we both were headed in the same direction with letters to the editors to all the Los Angeles and Orange County California papers. Now we feel we aren't alone and that it can be fought. Why are people so quick to give up their personal info these days? Just because someone wraps it up in red, white and blue doesn't make it true! People of all ages need to really start thinking for themselves. Avail themselves to what this country offers - free thinking and ideas. Ok, I'll jump off my soapbox for now! :o)
Posted by Lori on July 29, 2006 12:30 AM
I'm confused. This is my first time receiving the survey, and I do not want to fill it out, nor do I have the time. There is a 1-800 # throughout the packet that I have been trying to contact for questions, and I can't get through to anyone. Why do I have to fill out something that they say is required, and I can't get any response to questions I have?
I looked up the two sections that say it is required for me to fill this out, and don't really understand them either. Should I fill it out at all, or just put the head count? I feel that the government has access to all the info it needs on me through my SSN, so why should I be required to give any more than that? Any ideas on what type of lawyer I can contact? I'm in Michigan.
Posted by Confused on August 3, 2006 12:09 PM
I received the mailing requesting personal information for the American Community Survey. I will try to make this short, as I am still mad that I have just come home and found a letter and business card stuck in my door with a hand written note telling me I am in violation of "Federal Law" if I don't cooperate in the survey.
This is the second time they have been to my house. (I haven't been home each time). I called the number on the business card and told the people not to come on my property. If the Census Bureau wants to conduct a survey before the Required "Constitutional" Ten year period, then they need to amend the Constitution and make it required for everyone in the United States.
To make it random, in my opinion, is discriminatory. This information will be put on a database, where the information can possibly be stolen. I have read the responses of some of the others on this site. The bleeding hearts who think we should cooperate with this survey, are probably the same ones who think the government needs to take care of them.
I've worked for every thing I have and have never asked the government for anything. I will not participate in this survey. Don't think I'm ungrateful for living in this wonderful country, I'm not. I have served my time in the military (how many of the bleeding hearts have served?), and I will still defend this country.
The country needs to be more concerned with securing our borders, and seeing how many illegal aliens are living in our neighborhoods.
Question: This is a random survey. Do you actually think the illegals, if their address is chosen for this survey, will participate? The government can prosecute me for not participating, but I guarantee it will be on national news.
Posted by James Monroe on August 12, 2006 7:45 PM
High quality, up-to-date information is critical to improving market efficiency, developing effective public policies, and efficiently allocating scarce public resources.
Since 2000, our population has grown by more than 10 million, and by 2010, there will be more than 300 million people living in the United States. This population growth means we'll need new homes, stores, roads, schools, and jobs. The American Community Survey (ACS), administered by the U.S. Census Bureau, will provide the data needed to make strategic decisions for addressing this growth by supplying timely, updated profiles for every community in America. Today, the Census Bureau released the first annual estimates from the ACS for approximately 8,000 communities, as well as every Congressional district.
So that Congressional staff and nongovernmental organizations may better appreciate the extraordinary importance of Census numbers, The Brookings Institution has organized a series of three briefings on Capitol Hill in 2006. The last briefing on June 23 examined the public and private sector uses of the new ACS.
Posted by Andrew Reamer on August 15, 2006 8:13 AM
I am a field rep with the Census Bureau in NYC & have been administering the American Community Survey for a couple of years now.
I cannot believe the "strong-arm" tactics reported by previous posters to have been inflicted upon them in the course of this survey. I've encountered lots of suspicious and recalcitrant respondents, and I tell them all the same thing: Yes, your response to the survey is required by law, but if any question makes you uncomfortable, I can tell you precisely why it's asked and always give you the right to vent your objections to it and refuse to answer it.
Your PERSONAL identifying info is never available to anyone and indeed, you may identify yourself as Person A or Mickey Mouse if you wish. We urge our respondents to be as comprehensive and forthcoming in their answers as they can, but I have no way of checking the veracity of their responses.
And there's no one "sitting in a car writing things on a clipboard" who picks the addresses to survey; that's done totally randomly by a computer in Suitland, MD, based on databases of addresses (NOT specific people, just the people who happen to reside at the chosen addresses).
Please don't be so skeevy about the purposes to which this info will be put--you and your legislatures actually use this info all the time without even realizing where it comes from.
Understand that I'm a person so skeptical that I check the facts of EVERY email that gets sent to me (you know the ones) and ream out the people who send them on without checking them out (yeah, I'm that one) and the ACS is a lot less dangerous to the American way of life than all the hysterical, unchecked nonsense flying around the web that everyone believes just because they see it on a screen.
Oh, and you have to pass an incredibly difficult test plus an exhaustive background and security check to do this work...so don't worry that your census taker is an identity thief coming off welfare! Ain't gonna happen. End of rant.
Posted by IHatePantyhose on August 17, 2006 2:18 PM
Constitutionalist wrote "The Constitution requires the completion of the questions regardless of whether you like them or not. The key component of the Constitution is Article 1, Section 2, Clause 3 which reads:
'The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct.'"
The key is the phrase "as they shall by law direct" which refers to the requirements set forth by Congress itself.
Actually, the key phrase is "The actual enumeration shall be made ... in such manner as they shall by law direct."
Any questions posited to a union state Citizen pertaining to the enumeration must be answered. Any other questions that do not directly relate to the enumeration must only be answered by "residents" and "citizens of the United States", who do not have inalienable rights, but only the privileges granted to them by Congress.
The 4th Amendment guarantees the right of the state Citizen to be free of unreasonable searches, which is exactly what this survey is. However, a "resident" of a state, or a "citizen of the United States" has no such protection unless Congress grants it, and Congress can retract that privilege at any time.
Posted by J. Fenn on August 21, 2006 1:40 AM
The last few weeks I've had messages on my phone consistently from the Census Bureau. Tonight I had a chance to call them back and was basically told my household has been picked for a survey I am required to do by the Federal Government. I indicated I was not interested, take my name/number off the list and move on. Apparently, that is NOT an option, this survey is required and only 2% of the 40,000 households do not participate. I was told they would continue calling for the next four months, and eventually will find someone willing to do the survey. Even if we move and someone else gets our number, that person will be required to do the survey. I was so upset I hung up. I can't believe I'm harrassed in my own home. I was told a "Superior Chief" would be contacting me about my unwillingness to do this survey.
Posted by Rachael on August 25, 2006 10:54 PM
Official: Commerce Dept. Loses 1,100 Laptop Computers Since 2001
Thursday, September 21, 2006
WASHINGTON — The Commerce Department has lost 1,137 laptop computers since 2001, most of them assigned to the Census Bureau, officials said Thursday night.
The Census Bureau, the main collector of information about Americans, lost 672 computers. Of those, 246 contained some personal data, the department said in a statement. However, no personal information from any of the missing computers has been known to have been improperly used, the department said. The number of people affected by the equipment losses could not be determined, the department said.
"All of the equipment that was lost or stolen contained protections to prevent a breach of personal information," said Commerce Secretary Carlos M. Gutierrez. "The amount of missing computers is high, but fortunately, the vulnerability for data misuse is low."
More than 30,000 laptops were used within the department's 15 operating unit since 2001, the department said, and a total of 1,137 were stolen or missing.
Fifteen handheld devices used to record survey data for testing processes in preparation for the 2010 Census also were lost, the department said. The department was in the process of contacting the 558 households with data recorded on the missing devices, although because of encryption technology, the risk of data misuse was considered low, it said.
A half-dozen other federal agencies or departments have reported data thefts and security breaches involving personal information in the last six months.
The Veterans Affairs Department suffered the biggest loss with the theft in May of a laptop and external drive containing information for 26.5 million veterans and active-duty troops. Burglars stole the equipment from the home of a Veterans Affairs employee, but the computer was later recovered and showed no signs of having been accessed for the personal data.
Other government departments reporting the loss of computers with personal information include the departments of Agriculture, Defense, Education, Energy, Health and Human Services and Transportation. The Federal Trade Commission also has lost laptops with sensitive data.
Posted by James Monroe on September 22, 2006 12:47 AM
If you're interested in some (sometime vitriolic) conversation about the ACS, check out my own posting on this government intrustion, replete with more comments than I've seen anywhere else.
Posted by Russell Whitaker on September 26, 2006 12:51 AM
I don't think that I would listen to IHatePantyhose.
If you lie as she suggests "...as you may identify yourself as Person A or Mickey Mouse if you wish...", you will then subject yourself to 13 U.S.C. Chapter 7 § 221(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.
She is either one dumb b**** or a another government liar trying to lead us into more trouble.
Posted by FredericBastiat on October 5, 2006 7:38 PM
While I can't speak directly to the motivation of IHatePantyhose - I can say that identifying yourself as Person A seems perfectly defensible.
In fact, "identifying" yourself in any generic way (Mother, Male 1, etc.) should be just fine - we did just that and thus far have not been fined or bothered in any way.
I would agree that using Mickey Mouse, or some other outright incorrect identification, may be a bit over the line, however, and probably not a good idea.
Posted by Chad Everett on October 6, 2006 6:18 AM
The American Community Survey is NOT for statistics only. It is to SURVEY (collect a personal dossiers and file on every person in the country)! Its NOT Random. They are collecting forty questions on every person. This is happening to 10% of the population every year! If you give in you will have a government "FILE". I REFUSED.
See my comments dated June 8, 2006. I had to follow up due to what happened to our friends.
They filled out the very personal questions and mailed it minus their income. The mailings and phone messages and threatening papers left on the door continued. Then they came to the house waiting for them after work. Being "nice" people they were allowed in for "less than a 20 min. talk to complete the survey". An hour later and most questions reviewed they were happy to get this extreme annoyance out of their life.
An ACS agent showed up a week later - at night, for review purposes. Same questions asked and lots of new medical and kids questions even more personal than before.
They were glad thats over only to find two more visits at home at night just before dinner. And each time the questions got worse. Sex life and deep medical questions including the kids - so bad the wife sent the kids out of the room.
The Agent showed up the fourth time around 9:00 PM out of the blue.
These extremely easy going people were really getting mad and finally refused to answer any more.
The wife told me some of the questions and I really could not fathom why the government would ask such lurid, disgusting and way, way over the line questions.
Because they were such nice compliant people they were subjected to multiple additional questionnaires.
Uncle Sam is sending an ACS agent to you soon. If you want the government to have a complete file on you and everyone else in your family then give in.
I threw the last arrogant threatening agent off my property one night at 9:15. They like to catch your wife unloading groceries after a hard days work.
OUR FRIENDS SAID THE MORE YOU TELL THEM, THE MORE THEY TRY TO GET OUT OF YOU. SHE THOUGHT IT WOULD NEVER END.
I hope this helps others. I contacted my congressman and got a letter from the district ACS manager. YOU MUST COMPLY LETTER BUT A PHONE NUMBER and a name. I have had enough and never called. THEY HAVEN'T BEEN IN TOUCH SINCE THEN.
NEVER TELL THEM WHAT CREDIT CARDS YOU OWN OR HOW OFTEN YOU HAVE SEX AND WHAT KIND. EVEN MY MOST COMPLIANT FRIENDS WOULDN'T ANSWER THESE AND WORSE.
I refuse to be intimated by government tyranny. COMPLAIN TO YOUR CONGRESSPEOPLE AND PASS THE WORD TO YOUR UNSUSPECTING FRIENDS. THEIR TURN IS COMING - IT IS NOT A RANDOM SURVEY.
Why is the Government collecting as much as they can possibly get FOR YOUR PERSONAL DOSSIER AS WELL AS YOUR KIDS? 10% a year. That way there is no massive resistance.
History tells us this has always led to Tyrants, extreme control and even exterminations. This government file is just another tool and gives them all the info they need to know all your weeknesses. God help us stand up for our freedom and privacy. Tell your friends what to expect. Just say no and Vote for anyone but the incumbent.
Posted by Greg on October 14, 2006 1:23 AM
Follow up to my August 12, 2006 posting:
I was asked to participate in the American Community Survey. After reviewing the questions on the survey, I determined they were too intrusive and personal. Since the government isn't known for data security, I was afraid of identity theft. According to information contained in the survey packet, the penalty for not participating was a fine. I was under the impression that would be what would happen. However, the following has occurred.
On or about August 05, 2006, I came home and found a business card from Doris London from the U.S. Census Bureau. I called her and told her I wasn't going to participate in the American Community Survey. I also said she, and anyone else from the Census Bureau was not allowed to come back on my property.
August 12, 2006: Visit by Raymond J. Labelle: I wasn't home at the time. Mr. Labelle left his business card, a hand written message, and a booklet. I called him that night and left a message three times on his voice mail telling him I had already told Doris London from the Census Bureau I was not going to participate in the Survey and for her or anyone else from the Census Bureau not to come back on my property. That if he did, he was in violation of criminal trespass. Georgia Criminal Code: 16-7-21. His telephone number is: 678-462-5339 / 404-730-3832.
August 16, 2006: Between the hours of 6:30 pm and 7:14 pm, while outside working in my yard, I notice a man on my property walking fast toward me. I said to the man, "If you're from the Census Bureau, you need to leave". The man (later identified as Raymond Labelle), said, in an angry tone of voice, "Yes, I'm the mother from the Census Bureau". I then said, you have already been told not to come back on my property, so you need to leave. Mr. Labelle stopped about a foot in front of me, bristled, and said, "I don't have to leave and I'm not going to leave, I have every right to be here". I told him he was trespassing, and that if he was told to leave that he had to. I repeated this to him several times and each time Mr. Labelle said he didn't have to leave and that he wasn't going to leave. I then told him he had about five seconds to leave, or I was going to call the police about him trespassing. I once again and for the last time told him to leave my property, that he was trespassing. Again Labelle said he wasn't leaving. Labelle seemed to be trying to intimidate me. I told him I was calling the police. He took his cell phone, held it up, and said, you don't have to call the police, I'm going to. I then escorted Mr. Labelle off my property. As soon as Labelle was off my property, he immediately called the police and said I had assaulted him.
August 23, 2006: I received a notice to appear for a hearing at the Gwinnett County Magistrate Court, Gwinnett County Georgia, on September 13, 2006, to answer the charge of "battery". Mr. Labelle has filled out an application for an arrest warrant against me. In a statement to the Gwinnett County Police, Mr. Labelle lied. Also, in order to obtain an arrest warrant, the statement Mr. Labelle made to a Gwinnett County Magistrate Judge, and swore to under oath, was a lie.
August 25, 2006: I spoke with Raymond Labelle's supervisor, Mr. Allen Cranford (404-730-3832). He said the incident was between Labelle and me. He also said Labelle wanted to make the incident personal. He did agree with me on the criminal trespass law...about not coming onto someone's property when told in advance not to, and for a person being required to leave when told to do so.
September 13, 2006: Went to the Magistrate Court where a criminal warrant was issued for my arrest for probable cause for Simple Battery. It seems Mr. Labelle conveniently produced a photo of his chest, which was red. Note: The police report said Mr. Labelle had no signs of injury.
Also, during the course of the hearing, Mr. Labelle's supervisor, Mr. Cranford, said Mr. Labelle had the right to come back on my property because Census Bureau policy said the representative had to be told not to come back "face to face". I asked Mr. Cranford if could I see the policy in writing. Mr. Cranford said the policy wasn't in writing. It seems telling someone on the phone isn't good enough. However, when Mr. Labelle did return, I told him "face to face" to leave, which he refused.
The bottom line is: I was arrested for the charge of Simple Battery, had to make bond, and will have to go to State Court to face this charge.
In addition to all of this, Mr. Cranford said the Census Bureau is going to fine me for not participating in the survey.
Please note:
1. On the police report, the officer stated Mr. Labelle had no marks on his person.
2. Mr. Labelle told the police that after I told him he had five seconds to leave, before he could leave or respond, I assaulted him.
3. On the application for the arrest warrant, Mr. Labelle said I assaulted him without provocation.
September 16, 2006: I went to the Gwinnett County Magistrate and filled out a form for a Criminal Arrest Warrant Hearing. The charge: Criminal Trespass.
The hearing was on October 11, 2006.
The results from the hearing for Criminal Trespass:
1. Mr. Labelle had a federal attorney with him who recited Constitutional and Federal Law to the Magistrate Judge saying the Census Bureau had every right to come onto my property to conduct the survey, and that I was required to participate. Not once did Labelle's attorney deny the Census Bureau employees violated Georgia State Criminal Trespassing Law.
The bottom line is the Magistrate Judge said she wouldn't issue a warrant for Criminal Trespass, saying, "The man was only trying to do his job".
It seems to me that the Census Bureau can break State Laws whenever they please, since employees of the Census Bureau were in violation of Georgia Criminal Trespass Law three times.
Note: I see several suggestions about contacting your Congressman.
I wrote a letter to Congressman John Linder, who had me sign a Privacy Release Form along with a letter telling me, "Federal Law prohibited him from putting undo pressure on another government agency."
I wrote a letter to Governor Perdue. I received a letter from him telling me, the situation was a federal matter and for me to contact my congressman and senators, that he couldn't do anything.
I wrote letters to Senator Johnny Isackson, Senator Saxby Chambliss, Charles Kincannon (Director of the Census Bureau), Carlos Gutierrez (Secretary of the Commerce Department). Other than the Commerce Department saying they would investigate the incident, I haven't heard anything from anyone.
I still have to go to court to face the Simple Battery Charge.
Posted by James Monroe on October 20, 2006 1:51 AM
Clark Howard says not to comply.
Anyone can send him a one page fax telling their story at: 404-897-7534. Please remember, one page only. For people outside of Georgia you can get an email address to Clark's show. To get this address you will have to call the Consumer Action Center at: 404-892-8227. Call 10am to 7pm EST.
You can also call his show at: 877-87-CLARK or 404-872-0750. Call 1pm to 4pm EST: The television "Whistle Blower" number is 404-897-7000. These people may also be interested.
Posted by James Monroe on October 20, 2006 3:29 PM
First of all I am not comfortable with the track record of the Census Bureau and the losing of computer equipment and data.
Secondly, some of these questions are unanswerable from me. Either I don't have the exact knowledge or they are things that I just can't calculate accurately.
Third, I find it very un-American to HAVE to answer a survey.
I'm just going to answer the one question about the number of people populating my home, and then send them a letter explaining why I'm not answering the rest. If that isn't good enough then I will take my chances with the fine.
Posted by Brad on October 24, 2006 6:27 PM
I got the American Community Survey in the mail today, a week after I moved to a new apartment. It makes me furious that it comes with "your response is required by law" printed in block letters on the front of the envelope. We have no reason to doubt our government's motives, right? I'm NOT sending this in. It's about time for a huge boycott of this measure.
Posted by rivgirl on December 1, 2006 4:24 PM
I received the ACS about a week ago, and immediately took issue with being told I had to fill it out as required by law. When I looked through the survey, my uneasiness became greater and greater.
A point that I did not see raised, and that just astounds me is this: I am not a US citizen. I live here, I have a green card, I pay taxes, but I am NOT an American, yet I'm supposed to be required to fill out an AMERICAN Community Survey?
I called the 800-number, and was quoted almost word-for-word what is already written in the pamphlets, how my info will be kept private and how I am required to fill this out. Ironically, I was told that I was randomly selected since my name was not on the address label, yet they ask me to fill out my name IN the form.
As to my not being a US citizen, I was told very shortly, that it doesn't matter if I am here illegally or do not pay taxes, I was still required to fill out these forms. That made me mad beyond belief because I go to work in one of the worst cities in the US every day to work in an urban school system and give my all to these kids and hope and pray that it makes a difference in their lives, and I get accused of not paying taxes or other illegal things.
I would really suggest raising all hell to anyone who gets this survey. This information is not anybody's business.
Posted by Angie Anybody on December 6, 2006 8:30 PM
I put the 2 packets I received in the fireplace. Then, I got a phone call. Now, I got a packet on my front porch asking me to call a local field rep for an appointment.
I drafted a letter today to the Director of the Census Bureau telling him that I have no intention to answer the questions.
They can only force you to give the number of people in your house in a census year, not this crap.
Posted by jbucolo on February 6, 2007 4:15 PM
Legal Authority for American Community Survey, B-289852, April 4, 2002
Posted by djh3 on March 23, 2007 5:02 PM
If it is not addressed to me by name I have no legal obligation to reply.
Posted by tkob on March 25, 2007 1:10 PM
This has been an extremely nerve wrecking experience! After receiving 2 surveys in the mail, I received pounding demands on my door for the past 3 weeks straight around 7:00pm at night. My case was handed over to a male representative, who has continued to come to my house, banging on the door including Friday, Saturday and Sunday evenings. Yesterday, my landlord called me telling me that the representative was waiting for them on their driveway. The field representative threatened them saying that if they did not provide my personal information, he would fine them $500. Unfortunately, my landlord gave them my full name, my occupation, and my CELL PHONE number! Today, they called me over 10 times on my cell phone. The representative left a message stating that since he knows that I am the only one living in my house and that I leave my house early in the morning. He also commented that since I am a single household, the survey should only take 17 minutes. Isn't that the only information that they legally need? He already knows how many people live in my house...why does he keep harassing me? Prior to the involvement with my landlord and the transferring of my case to another man, I told another representatvie that if she kept bothering me, I would call the police. Like many other stories that I have read about, she replied, "Ok...call the police." Does anyone have any advice for what I should do? I am afraid to BBQ in my front yard and be at home during certain times of day due to my fear of being approached and harassed by these people. Do they ever go away?
Posted by Harassed in Berkeley, CA on March 26, 2007 10:02 PM
I am on my third notice which states I will be contacted if I do not send the survery in. I found this paper on the "Hard to Interview"
http://www.fcsm.gov/committees/ihsng/diffendalasa2000.pdf
It is a little dated but outlines the timetable and methods of interviewing. This document also reveals that the popular government statement that they have 97% compliance is absolutely false. This document cites a 50% mail in compliance rate, and a 10% compliance rate from phone intervi