May 28th was the last I heard from Census Bureau New York Representative Edward Marcus. Today, after nearly 2 months, I decided to give the New York office a call after reading that you can find out whether your address has been selected for the American Community Survey.

After pressing zero to talk with an attendant I told the person that I wished to confirm that my address had been selected. I was told I’d be forwarded to another department and that I needed to ask for the supervisor. When the  other department picked up I told the person I needed to talk with the supervisor and was asked for my name. After a quarter second of contemplation I said, “no.” I’m sure it came off a little harsh. The guy seemed a little taken back and hesitated for at least a second and just said “OK” and put me on hold. Next time its “I’d rather not.”

The supervisor picked up after maybe 10 seconds and I repeated my request. She asked for my county, then my zip, and then my full address. It appeared that the address did not come up as after she had entered the information she asked when I had been contacted. I told her the last letter which I had received was the end of May. She looked up May and confirmed that I had been selected. I then asked her what was next. I hadn’t received anything since that time. I was told that since I was part of the May, 2008 sample and I’d not gotten back to the representative that it didn’t matter any more. I ask: “So that’s it?” and she said: “Yes, the data would no longer be useful.” Unfortunately I forgot to ask about the fine which USC Title 13 clearly says I am to receive for not participating. Her demeanor was such that it seems that the fine hadn’t even been considered by her. She didn’t mention it and when I got my answer she was ready to end the conversation. Perhaps she’s a cold hearted bitch and didn’t mention it because she likes the idea of me being broadsided with a max $5,000 fine and she’s going to contact our friend Edward to let him know I called.

Assuming that’s not the case it looks like the census isn’t so mandatory after all. You just need to wait them out. I originally was going to call Mr. Marcus to ask if the supposed obligation to respond to the ACS had been waived or if I should be expecting a fine. I’ve sort of gotten my answer though it’s not 100%. Perhaps I still will. I’d be nice to have a Census Bureau bureaucrat tell me that all the hubbub and wasted ink and paper threating to fine me was just that.

I spoke with the neighbor upstairs tonight. They told me that the Census Bureau rep who called did not ask for me by name nor did they give out any of my information or my name. The rep was told they did not feel comfortable speaking for me. No contact info was left but the number on caller ID is available in case I wish to use it.

I did some looking around the Net and read over much of Title 13 and was not able to find what gives the Census Bureau the authorization to request personal information from individuals who aren’t me. Likely the Secretary of the Department of Commerce can do whatever is necessary just as they can ask any questions they wish.

At 3:09PM today I receive a call from the head of the other family who lives above me in the building I rent. I’m informed that a representative of the Census Bureau had called them at 9:30PM Saturday night. Both on their cell phone and land line. The woman, apparently not our friend Edward Marcus, asked for them to provide her with information about me on my behalf. I had previously asked them that in case this were to occur not to even give them my name. I was told they hadn’t but will have to confirm this evening when I speak with them about the incident. I hope that not even my first name was given though it’s possible that it could have easily came out while discussing me. Worst case would be a last name.

My plan currently is to suggest that if a Census Bureau representative contacts them again to inform the rep  that they will not speak on my behalf and not to call back. The neighbor has the rep’s number so if they are told not to call back and do I will call and tell them to leave my neighbor alone.

I need to do some searching through the laws to see if what they are doing is legal. Not that they care I’m sure.

2008 ACS Questionnaire - English  |  Spanish

Persons

1. Name
2. Relation to first person surveyed
3. Sex
4. Age, Birthday
5. Of Hispanic, Latino, or Spanish origin?
6. Race
7. Place of birth?
8. Citizen?
9. Year came to USA?
10. Attended school/college in past 3 months? Grade?
11. Highest level completed?
12. Ethnic origin?
13. Speak a language other than English?
14. Live in home 1 year ago?
15. Covered by health insurance?
16. Deaf?
17. Difficulty remembering/making decisions? Walking, claiming stairs? Dressing or bathing?
18. Because of physical, mental, emotional condition have difficulty doing errands?
19. Marital status?
20. Past year got married, widowed, divorced?
21. Number of times married?
22. Year last married?
23. If female, given birth in past year?
24. Any grandchildren under 18 in home?
25. Been on active duty in military?
26. When?
27. Have a VA service-connected disability rating?
28. Paid for work in past week?
29. Where did they work?
30. How do they get to work?
31. How many people ride to work?
32. What time do they leave for work?
33. How long to get to work?
34. Were they laid off from work last week?
35. Last 4 weeks, looking for work?
36. Last week, could have started if offered?
37. When last worked?
38. Past year, work 50 or more weeks?
39. Past year, how many hours per week?
40. Private employee? Government employee?
41. Employer?
42. Business type?
43. Category?
44. Job work type?
45. Most important duties?
46. Income earned in past year broken down
47. Total income in past year

Housing

1. Building description
2. When was it built
3. When did you move into the building
4. How many acres
5. Sales of agricultural products from property in past year
6. Is there a business on the property?
7. How many separate rooms in the building, bedrooms?
8. Does it have: hot/cold running water, flush toilet, sink with faucet, stove, refrigerator, telephone?
9. How many automobiles?
10. Most used fuel for heating?
11. Cost of electricity,gas last month? water/sewer, heating fuel in past year?
12. In past year did anyone receive food stamps?
13. Building part of a condominium?
14. Is the building owned, rented?
15. Whats the monthly rent?
16. What would it sell for now?
17. Annual real estate taxes?
18. Annual payment for fire, hazard, flood insurance?
19. Have a mortgage, deed of trust, contract to purchase, or other debt on this property? What’s the monthly payment?
20. Do you have a second mortage or home equity lone on this property?
21. Total annual costs for property taxes, rent, fees?

I don’t believe in any of my posts on my ongoing census ordeal I’ve claimed the census was the official decennial census. However over at the MLP’s blog Serf City I had and was asked how it was I got a 2010 census request in 2008.

It really hadn’t dawned on me to look into how they go about collecting the census and while the law says they can have other surveys the pamphlet they gave me [page 4,5] says “United States Census 2010″ on the front lower right. I figured “The American Community Survey” title was just some fancy thing used to get more people to fill it out. “It’s for the community! To help the children and fix the roads!” type guilt trip. Turns out I was incorrect. The ACS according to Wikipedia:

The American Community Survey (ACS) is a project of the U.S. Census Bureau that replaces the long form in the decennial census. It is an ongoing statistical survey, and thus more current than information obtained by the long form. Many Americans found filling out the long form to be burdensome, intrusive, and its unpopularity was a factor in the declining response rate to the decennial census. In 1995, the Bureau began a process to change the means of demographic, housing, social, and economic information from the census long form to the ACS. Testing began in 1996, and the ACS program began producing test data in 2000, 2001, and 2002. The full program is expected to be implemented by 2010.

Not surprisingly Ron Paul has commented on this:

You may not have heard of the American Community Survey, but you will. The national census, which historically is taken every ten years, has expanded to quench the federal bureaucracy’s ever-growing thirst to govern every aspect of American life. The new survey, unlike the traditional census, is taken each and every year at a cost of hundreds of millions of dollars. And it’s not brief. It contains 24 pages of intrusive questions concerning matters that simply are none of the government’s business, including your job, your income, your physical and emotional heath, your family status, your dwelling, and your intimate personal habits.

The questions are both ludicrous and insulting. The survey asks, for instance, how many bathrooms you have in your house, how many miles you drive to work, how many days you were sick last year, and whether you have trouble getting up stairs. It goes on and on, mixing inane questions with highly detailed inquiries about your financial affairs. One can only imagine the countless malevolent ways our federal bureaucrats could use this information. At the very least the survey will be used to dole out pork, which is reason enough to oppose it.

Keep in mind the survey is not voluntary, nor is the Census Bureau asking politely. Americans are legally obligated to answer, and can be fined up to $1,000 per question if they refuse!

I introduced an amendment last week that would have eliminated funds for this intrusive survey in a spending bill, explaining on the House floor that perhaps the American people don’t appreciate being threatened by Big Brother. The amendment was met by either indifference or hostility, as most members of Congress either don’t care about or actively support government snooping into the private affairs of citizens.

[more]

The Wikipedia entry links to  a World Net Daily article from November, 2007 which reads in part:

Another month is coming, and another 250,000 forms are being mailed out in the U.S. Census Bureau’s perpetual American Community Survey, which demands responses to personal questions about a family’s lifestyle, housing accommodations, work schedules, physical and mental disabilities, income and the like.

That means roughly 250,000 times recipients will see the warning that participation is required by law, and there are penalties including fines for not answering each question. But, in fact, U.S. Census Bureau officials say they’ve never had anyone prosecuted for refusing to provide those intimate details to the government.

“The Census Bureau has never prosecuted anybody,” spokesman Clyve Richmond told WND. “We try to work with people and explain how useful the information is.”

The very next line is:

As WND has reported, the U.S. Census Bureau switched from the surveys once every 10 years, called for in the U.S. Constitution, to annual surveys sent to three million households, to keep the government’s data more up-to-date.

So maybe I wasn’t all that off. They’ve moved the (IMO) unconstitutional long form component from the decennial census to a rolling survey and plan on getting rid of the long form for the 2010 head count census.

Find here: census_papers_2008-05-28.pdf