-CITE-

13 USC CHAPTER 7 - OFFENSES AND PENALTIES 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

.

-HEAD-

CHAPTER 7 - OFFENSES AND PENALTIES

-MISC1-

SUBCHAPTER I - OFFICERS AND EMPLOYEES

Sec.

211. Receiving or securing compensation for appointment of

employees.

212. Refusal or neglect of employees to perform duties.

213. False statements, certificates, and information.

214. Wrongful disclosure of information.

SUBCHAPTER II - OTHER PERSONS

221. Refusal or neglect to answer questions; false answers.

222. Giving suggestions or information with intent to cause

inaccurate enumeration of population.

223. Refusal, by owners, proprietors, etc., to assist census

employees.

224. Failure to answer questions affecting companies, businesses,

religious bodies, and other organizations; false answers.

225. Applicability of penal provisions in certain cases.

SUBCHAPTER III - PROCEDURE

241. Evidence.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 307 of this title; title

42 sections 1973aa-5, 2000f.

-CITE-

13 USC SUBCHAPTER I - OFFICERS AND EMPLOYEES 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER I - OFFICERS AND EMPLOYEES

.

-HEAD-

SUBCHAPTER I - OFFICERS AND EMPLOYEES

-CITE-

13 USC Sec. 211 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER I - OFFICERS AND EMPLOYEES

-HEAD-

Sec. 211. Receiving or securing compensation for appointment of

employees

-STATUTE-

Whoever -

(1) receives or secures to himself any fee, reward, or

compensation as a consideration for the appointment of any person

as supervisor, enumerator, clerk, or other officer or employee of

the Department of Commerce or bureau or agency thereof, referred

to in subchapter II of chapter 1 of this title; or

(2) in any way receives or secures to himself any part of the

compensation paid to any person so appointed -

shall be fined not more than $3,000 or imprisoned not more than

five years, or both.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1022.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 122, 207, 252, and

section 1442 of title 42, U.S.C., 1952 ed., The Public Health and

Welfare (June 18, 1929, ch. 28, Sec. 7, 46 Stat. 23; June 19, 1948,

ch. 502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI,

Sec. 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, Sec. 2, 64 Stat.

784.)

Section consolidates section 207 of title 13, U.S.C., 1952 ed.,

which was a part of chapter 4 of such title relating to the

censuses of population, agriculture, irrigation, etc. (subchapter

II of chapter 5 of this revised title), with those parts of

sections 122 and 252 of such title which made such section 207

applicable to the censuses of manufactures, the mineral industries,

and other businesses, and governments (subchapters I and III of

chapter 5 of this revised title), and with that part of subsection

(b) of section 1442 of title 42, U.S.C., 1952, ed., which made such

section 207 applicable to the censuses of housing (subchapter II of

chapter 5 of this revised title). For remainder of sections 122

and 252 of title 13, U.S.C., 1952 ed., and of section 1442 of title

42, U.S.C., 1952 ed. (which section has been transferred in its

entirety to this revised title), see Distribution Table.

This section, as revised, relates to appointments of all officers

and employees referred to in subchapter II of chapter 1 of this

title, which was the probable original legislative intent.

Reference in section 207 of title 13, U.S.C., 1952 ed., to the

offense, herein described, as a felony, and words in such section,

''and upon conviction thereof,'' were omitted from this revised

section, the former, as covered by section 1 of title 18, U.S.C.,

1952 ed., Crimes and Criminal Procedure, classifying offenses, and

the latter, as surplusage.

The reference ''Department of Commerce or bureau or agency

thereof'' was inserted in recognition of 1950 Reorganization Plan

No. 5, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263

(see Revision Note to section 4 of this title). However, the

qualifying words, ''referred to in subchapter II of chapter 1 of

this title,'' limits the provisions to appointment or employment of

persons in connection with the statistics and censuses provided for

in this title.

Changes were made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

-CITE-

13 USC Sec. 212 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER I - OFFICERS AND EMPLOYEES

-HEAD-

Sec. 212. Refusal or neglect of employees to perform duties

-STATUTE-

Whoever, being an employee referred to in subchapter II of

chapter 1 of this title, and having taken and subscribed the oath

of office, neglects or refuses, without justifiable cause, to

perform the duties enjoined on such employee by this title, shall

be fined not more than $500.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1022.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 122, 208, 252, and

section 1442 of title 42, U.S.C., 1952 ed., The Public Health and

Welfare (June 18, 1929, ch. 28, Sec. 8, 46 Stat. 23; June 19, 1948,

ch. 502, Sec. 2, 62 Stat. 479; June 19, 1949, ch. 338, title VI,

Sec. 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, Sec. 2, 64 Stat.

784).

Section consolidates part of section 208 of title 13, U.S.C.,

1952 ed., which was a part of chapter 4 of such title relating to

the censuses of population, agriculture, etc., with those parts of

sections 122 and 252 of such title which made such section 208

applicable to the censuses of manufacturers, the mineral industries

and other businesses, and governments, and with that part of

subsection (b) of section 1442 of title 42, U.S.C., 1952 ed., which

made such section 208 applicable to the housing censuses. For

remainder of sections 122, 208 and 252 of title 13, U.S.C., 1952

ed., and of section 1442 of title 42, U.S.C., 1952 ed., (which

section has been transferred in its entirety to this revised

title), see Distribution Table.

Section has been made applicable to all employees referred to in

subchapter II of chapter 1 of this title, and to duties enjoined on

them by any provision of this title, which was probably the

original legislative intent.

The words ''being an employee referred to in subchapter II of

chapter 1 of this title'' were substituted for the enumeration in

section 208 of title 13, U.S.C., 1952 ed., of ''supervisor,

supervisor's clerk, enumerator, interpreter, special agent, or

other employee'', since such reference will cover those employees.

Reference in section 208 of title 13, U.S.C., 1952 ed., to the

offense, herein described as a misdemeanor, and words therein '',

and upon conviction thereof'', were omitted, the former, as

superseded and covered by section 1 of title 18, U.S.C., 1952 ed.,

Crimes and Criminal Procedure, classifying offenses, and the

latter, as surplusage.

Changes were made in phraseology.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

-CITE-

13 USC Sec. 213 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER I - OFFICERS AND EMPLOYEES

-HEAD-

Sec. 213. False statements, certificates, and information

-STATUTE-

(a) Whoever, being an officer or employee referred to in

subchapter II of chapter 1 of this title, willfully and knowingly

swears or affirms falsely as to the truth of any statement required

to be made or subscribed by him under oath by or under authority of

this title, shall be guilty of perjury, and shall be fined not more

than $2,000 or imprisoned not more than five years, or both.

(b) Whoever, being an officer or employee referred to in

subchapter II of chapter 1 of this title -

(1) willfully and knowingly makes a false certificate or

fictitious return; or

(2) knowingly or willfully furnishes or causes to be furnished,

or, having been such an officer or employee, knowingly or

willfully furnished or caused to be furnished, directly or

indirectly, to the Secretary or to any other officer or employee

of the Department of Commerce or bureau or agency thereof, any

false statement or false information with reference to any

inquiry for which he was authorized and required to collect

information provided for in this title -

shall be fined not more than $2,000 or imprisoned not more than

five years, or both.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1022.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 122, 208, 252, and

section 1442 of title 42, U.S.C., 1952 ed., The Public Health and

Welfare (June 18, 1929, ch. 28, Sec. 8, 46 Stat. 23; June 19, 1948,

ch. 502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI,

Sec. 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, Sec. 2, 64 Stat.

784).

Section consolidates part of section 208 of title 13, U.S.C.,

1952 ed., with that part of section 122 of such title which made

such section 208 applicable to the quinquennial censuses of

manufacturers, the mineral industries, and other businesses (see

subchapter I of chapter 5 of this revised title), that part of

section 252 of such title which made such section 208 applicable to

the quinquennial censuses of governments (see subchapter III of

chapter 5 of this revised title), and that part of subsection (b)

of section 1442 of title 42, U.S.C., 1952 ed., which made such

section 208 applicable to the decennial censuses of housing (see

subchapter II of chapter 5 of this revised title). For remainder

of sections 122, 208, and 252 of title 13, U.S.C., 1952 ed., and of

section 1442 of title 42, U.S.C., 1952 ed. (which section has been

transferred in its entirety to this revised title), see

Distribution Table.

As set out in this revised section, the provisions relate to all

investigations, surveys, collections of statistics, and censuses

provided for in this title, and to officers as well as employees,

which was probably the original legislative intent.

References to the offenses described in subsection (b) of this

revised section as being felonies, were omitted as covered by

section 1 of title 18, U.S.C., 1952 ed., Crimes and Criminal

Procedure, classifying offenses; and words ''upon conviction

thereof'' and ''upon conviction of'' were omitted as surplusage.

Changes were made in phraseology and arrangement.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

-CITE-

13 USC Sec. 214 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER I - OFFICERS AND EMPLOYEES

-HEAD-

Sec. 214. Wrongful disclosure of information

-STATUTE-

Whoever, being or having been an employee or staff member

referred to in subchapter II of chapter 1 of this title, having

taken and subscribed the oath of office, or having sworn to observe

the limitations imposed by section 9 of this title, or whoever,

being or having been a census liaison within the meaning of section

16 of this title, publishes or communicates any information, the

disclosure of which is prohibited under the provisions of section 9

of this title, and which comes into his possession by reason of his

being employed (or otherwise providing services) under the

provisions of this title, shall be fined not more than $5,000 or

imprisoned not more than 5 years, or both.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 94-521, Sec.

12(a), Oct. 17, 1976, 90 Stat. 2464; Pub. L. 103-430, Sec. 2(c),

Oct. 31, 1994, 108 Stat. 4394.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 73, 83, 122, 208, 252,

and section 1442 of title 42, U.S.C., 1952 ed., The Public Health

and Welfare (Aug. 7, 1916, ch. 274, Sec. 3, 39 Stat. 437; Apr. 2,

1924, ch. 80, Sec. 3, 43 Stat. 31; June 18, 1929, ch. 28, Sec. 8,

21, 46 Stat. 23, 26; July 25, 1947, ch. 331, 61 Stat. 437; June 19,

1948, ch. 502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title

VI, Sec. 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, Sec. 2, 64

Stat. 784).

Section consolidates parts of sections 73, 83 and 208 of title

13, U.S.C., 1952 ed., that part of section 122 of such title which

made such section 208 applicable to the quinquennial censuses of

manufactures, the mineral industries, and other businesses (see

subchapter I of chapter 5 of this revised title), that part of

section 252 of such title which made such section 208 applicable to

the quinquennial censuses of governments (see subchapter III of

chapter 5 of this revised title), and that part of subsection (b)

of section 1442 of title 42, U.S.C., 1952 ed., which made such

section 208 applicable to the decennial censuses of housing (see

subchapter II of chapter 5 of this title).

Words ''Secretary or other authorized officer or employee of the

Department of Commerce or bureau or agency thereof'' were

substituted for reference to the Director of the Census. See

Revision Note to section 9 of this title, into which other parts of

sections 73, 83 and 208 of title 13, U.S.C., 1952 ed., have been

carried.

The provision in section 208 of title 13, U.S.C., 1952 ed.,

designating the offense as a felony, was omitted as covered by

section 1 of title 18, U.S.C., 1952 ed., Crimes and Criminal

Procedure, and words in such section ''upon conviction thereof''

and ''in the discretion of the court'', were omitted as surplusage.

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-430 inserted ''or whoever, being or having

been a census liaison within the meaning of section 16 of this

title,''.

1976 - Pub. L. 94-521 provided that staff members would be liable

for wrongful communication of information under this section,

inserted ''or having sworn to observe the limitations imposed by

section 9 of this title'' after ''oath of office'', substituted a

provision predicating liability under this section upon disclosure

of information prohibited by section 9 of this title for a former

provision predicating such liability upon disclosure of information

without the written authority of the Secretary or other authorized

officer or employee of the Department of Commerce or bureau or

agency thereof, substituted ''being employed (or otherwise

providing services)'' for ''employment'', increased maximum amount

of fine under this section to $5,000 from $1,000, and increased

maximum prison term to 5 years from 2 years.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section

17 of Pub. L. 94-521, set out as a note under section 1 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title; title 7

section 2204g; title 22 section 3144.

-CITE-

13 USC SUBCHAPTER II - OTHER PERSONS 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER II - OTHER PERSONS

.

-HEAD-

SUBCHAPTER II - OTHER PERSONS

-CITE-

13 USC Sec. 221 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER II - OTHER PERSONS

-HEAD-

Sec. 221. Refusal or neglect to answer questions; false answers

-STATUTE-

(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.

(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.

(c) Notwithstanding any other provision of this title, no person

shall be compelled to disclose information relative to his

religious beliefs or to membership in a religious body.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 85-207, Sec. 15,

Aug. 28, 1957, 71 Stat. 484; Pub. L. 94-521, Sec. 13, Oct. 17,

1976, 90 Stat. 2465.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 122, 209, and section

1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare

(June 18, 1929, ch. 28, Sec. 9, 46 Stat. 23; June 19, 1948, ch.

502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI, Sec.

607, 63 Stat. 441).

Section consolidates the first paragraph of section 209 of title

13, U.S.C., 1952 ed., which section related to the decennial

censuses of population, agriculture, etc. (see subchapter II of

chapter 5 of this revised title), with that part of section 122 of

such title which made such section 209 applicable to the

quinquennial censuses of manufactures, the mineral industries, and

other businesses (see subchapter I of chapter 5 of this revised

title) and applicable to the surveys provided for by section 121(b)

of such title (see subchapter IV of chapter 5 of this revised

title), and that part of subsection (b) of section 1442 of title

42, U.S.C., 1952 ed., which made such section 209 applicable to the

decennial censuses of housing (see subchapter II of chapter 5 of

this revised title). For remainder of sections 122 and 209 of

title 13, U.S.C., 1952 ed., and of section 1442 of title 42,

U.S.C., 1952 ed. (which section has been transferred in its

entirety to this revised title), see Distribution Table.

The language of section 209 of title 13, U.S.C., 1952 ed.,

providing that it should ''be the duty'' of all persons over

eighteen years of age, to answer correctly, to the best of their

knowledge, when requested, etc., was omitted as unnecessary and

redundant. The provisions, as herein revised, define offenses and

prescribe penalties for committing them, and are deemed sufficient

for the purpose of enforcement. However, some of the language used

in the omitted provisions was necessarily included in the

description of the offense.

The designation of the first offense, herein described, as a

''misdemeanor'', was omitted as covered by section 1 of title 18,

U.S.C., 1952 ed., Crimes and Criminal Procedure, classifying

crimes; and words ''upon conviction thereof'' were omitted as

surplusage.

References to the Secretary (of Commerce) and to any ''authorized

officer or employee of the Department of Commerce or bureau or

agency thereof'', etc., were substituted for references to the

Director of the Census and to any ''supervisor, enumerator, or

special agent, or other employee of the Census Office'', to conform

with 1950 Reorganization Plan No. 5, Sec. 1, 2, eff. May 24, 1950,

15 F.R. 3174, 64 Stat. 1263. See revision note to section 4 of this

title.

Changes were made in phraseology.

AMENDMENTS

1976 - Subsec. (a). Pub. L. 94-521, Sec. 13(1), struck out

provision authorizing imprisonment for not more than sixty days for

refusing or willfully neglecting to answer questions under this

section.

Subsec. (b). Pub. L. 94-521, Sec. 13(2), struck out provision

authorizing imprisonment for not more than one year for willfully

giving a false answer to a question under this section.

Subsec. (c). Pub. L. 94-521, Sec. 13(3), added subsec. (c).

1957 - Subsec. (a). Pub. L. 85-207 substituted ''I, II, IV, and

V'' for ''I, II, and IV''.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section

17 of Pub. L. 94-521, set out as a note under section 1 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 225 of this title.

-CITE-

13 USC Sec. 222 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER II - OTHER PERSONS

-HEAD-

Sec. 222. Giving suggestions or information with intent to cause

inaccurate enumeration of population

-STATUTE-

Whoever, either directly or indirectly, offers or renders to any

officer or employee of the Department of Commerce or bureau or

agency thereof engaged in making an enumeration of population under

subchapter II, IV, or V of chapter 5 of this title, any suggestion,

advice, information or assistance of any kind, with the intent or

purpose of causing an inaccurate enumeration of population to be

made, shall be fined not more than $1,000 or imprisoned not more

than one year, or both.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 85-207, Sec. 16,

Aug. 28, 1957, 71 Stat. 484.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 122, 209 (June 18,

1929, ch. 28, Sec. 9, 46 Stat. 23; June 19, 1948, ch. 502, Sec. 2,

62 Stat. 479).

Section consolidates the second paragraph of section 209 of title

13, U.S.C., 1952 ed., which was a part of chapter 4 of that title

relating to censuses of population, agriculture, etc., with that

part of section 122 of such title which made such section 209

applicable to the interim surveys provided for by section 121(b) of

such title (see subchapter IV of chapter 5 of this revised title).

For remainder of such sections 122 and 209, see Distribution Table.

Section 122 of title 13, U.S.C., 1952 ed., made section 209 of

such title applicable to the quinquennial censuses of manufactures,

the mineral industries, and other businesses provided for by

section 121(a) thereof (subchapter I of chapter 5 of this revised

title), and applicable, with certain qualifications and exceptions,

to the interim surveys, which section 121(b) thereof provided for,

not only with respect to those censuses but also the censuses

provided for in ''other Acts'' (chapter 5 of this title). However,

the particular provisions of such section 209 that have been

carried into this revised section related only to population

enumerations, and this section has accordingly been restricted to

the population censuses authorized under subchapter II of chapter 5

of this title, and to the interim surveys authorized under

subchapter IV of such chapter only in so far as they relate to

population enumerations. The exceptions and qualifications with

respect to the application of this section to such interim surveys

are set out elsewhere in this subchapter.

Reference to ''any officer or employee'' was substituted for

''any supervisor, supervisor's clerk, enumerator, interpreter,

special agent, or other officer or employee'', as the latter

enumeration of the types of employees is unnecessary and redundant;

and ''Department of Commerce or bureau or agency thereof'' was

substituted for ''Census Office'', to conform with 1950

Reorganization Plan No. 5, Sec. 1, 2, effective May 24, 1950, 15

F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this

title.

Subsection (b) of section 1442 of title 42, U.S.C., 1952 ed., The

Public Health and Welfare (which section has been transferred in

its entirety to this revised title), made section 209 of title 13,

U.S.C., 1952 ed., applicable to the censuses of housing (subchapter

II of chapter 5 of this revised title). However, the particular

provisions of such section 209 that have been carried into this

revised section, could not, by their terms, be relevant to housing

censuses, hence no reference is made in this section to such

censuses.

Words in section 209 of title 13, U.S.C., 1952 ed., ''either as

to the number of persons resident in any district or community, or

in any other respect'', were omitted from the revised section as

unnecessary and superfluous.

Reference to the offense described as a ''misdemeanor'' was

omitted as covered by section 1 of title 18, U.S.C., Crimes and

Criminal Procedure, classifying offenses; and words ''and upon

conviction thereof'' were omitted as surplusage.

Changes were made in phraseology.

AMENDMENTS

1957 - Pub. L. 85-207 substituted ''II, IV, or V'' for ''II or

IV''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 225 of this title.

-CITE-

13 USC Sec. 223 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER II - OTHER PERSONS

-HEAD-

Sec. 223. Refusal, by owners, proprietors, etc., to assist census

employees

-STATUTE-

Whoever, being the owner, proprietor, manager, superintendent, or

agent of any hotel, apartment house, boarding or lodging house,

tenement, or other building, refuses or willfully neglects, when

requested by the Secretary or by any other officer or employee of

the Department of Commerce or bureau or agency thereof, acting

under the instructions of the Secretary, to furnish the names of

the occupants of such premises, or to give free ingress thereto and

egress therefrom to any duly accredited representative of such

Department or bureau or agency thereof, so as to permit the

collection of statistics with respect to any census provided for in

subchapters I and II of chapter 5 of this title, or any survey

authorized by subchapter IV or V of such chapter insofar as such

survey relates to any of the subjects for which censuses are

provided by such subchapters I and II, including, when relevant to

the census or survey being taken or made, the proper and correct

enumeration of all persons having their usual place of abode in

such premises, shall be fined not more than $500.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 85-207, Sec. 17,

Aug. 28, 1957, 71 Stat. 484.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 122, 209, and section

1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare

(June 18, 1929, ch. 28, Sec. 9, 46 Stat. 23; June 19, 1948, ch.

502, Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338. title VI, Sec.

607, 63 Stat. 441).

Section consolidates the third paragraph of section 209 of title

13, U.S.C., 1952 ed., which was a part of chapter 4 of that title

relating to censuses of population, agriculture, etc. (subchapter

II of chapter 5 of this revised title), with that part of section

122 of such title which made such section 209 applicable to the

quinquennial censuses of manufactures, the mineral industries, and

other businesses provided for by section 121(a) of such title

(subchapter I of chapter 5 of this revised title) and, with certain

qualifications and exceptions, applicable to the interim surveys

provided for by section 121(b) of such title (subchapter IV of

chapter 5 of this revised title), and with that part of subsection

(b) of section 1442 of title 42, U.S.C., 1952 ed., which made such

section 209 applicable to the decennial censuses of housing

(subchapter II of chapter 5 of this revised title). For remainder

of sections 122 and 209 of this revised title, and of section 1442

of title 42, U.S.C., 1952 ed. (which section has been transferred

in its entirety to this revised title), see Distribution Table.

Section 122 of title 13, U.S.C., 1952 ed., made section 209 of

such title applicable to the interim surveys (provided for by

section 121(b) thereof) not only with respect to the censuses of

manufacturers, the mineral industries, and other businesses

provided for by section 121(a) thereof, but also with respect to

the censuses provided for by ''other Acts'' (chapter 5 of this

title). However, section 252 of that title, which was a part of a

chapter thereof relating to the quinquennial censuses of

governments (subchapter III of chapter 5 of this revised title), in

making certain sections of chapter 4 thereof applicable to such

censuses, did not specify such section 209. Therefore, this revised

section is not made so applicable, either to the censuses of

governments provided for in subchapter III of chapter 5 of this

title, or to surveys provided for in subchapter IV thereof in so

far as such surveys relate to governments.

The language of section 209 of title 13, U.S.C., 1952 ed.,

providing that it should ''be the duty'' of every owner,

proprietor, etc., to furnish the described information or

assistance was omitted as unnecessary and redundant. The

provisions, as herein revised, define an offense and prescribe a

penalty for committing it, and are deemed sufficient for the

purpose of enforcement. However, some of the language used in the

omitted provisions was necessarily included in the description of

the offense.

References to the Secretary (of Commerce) and to ''any other

officer or employee of the Department of Commerce or bureau or

agency thereof'' were substituted for references to the Director of

the Census and the Census Office, to conform with 1950

Reorganization Plan No. 5, Sec. 1, 2, eff. May 24, 1950, 15 F.R.

3174, 64 Stat. 1263. See Revision Note to section 4 of this title.

The enumeration of the different types of employees, in section

209 of title 13, U.S.C., 1952 ed., ''supervisor, enumerator,'',

etc., was omitted as unnecessary and covered by the reference in

this revised section to ''officer or employee''.

Reference in section 209 of title 13, U.S.C., 1952 ed., to the

described offense as a ''misdemeanor'' was omitted as covered by

section 1 of title 18, U.S.C., 1952 ed., Crimes and Criminal

Procedure, classifying offenses, and words in such section ''and

upon conviction thereof'' were omitted as surplusage.

Changes were made in phraseology.

The qualifications and exceptions contained in that part of

section 122 of title 13, U.S.C., 1952 ed., which made section 209

of such title applicable to the surveys provided for in section

121(b) thereof (subchapter IV of chapter 5 of this revised title),

are set out elsewhere in this subchapter.

AMENDMENTS

1957 - Pub. L. 85-207 inserted ''or V'' after ''subchapter IV''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 225 of this title.

-CITE-

13 USC Sec. 224 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER II - OTHER PERSONS

-HEAD-

Sec. 224. Failure to answer questions affecting companies,

businesses, religious bodies, and other organizations; false

answers

-STATUTE-

Whoever, being the owner, official, agent, person in charge, or

assistant to the person in charge, of any company, business,

institution, establishment, religious body, or organization of any

nature whatsoever, neglects or refuses, when requested by the

Secretary or other authorized officer or employee of the Department

of Commerce or bureau or agency thereof, to answer completely and

correctly to the best of his knowledge all questions relating to

his company, business, institution, establishment, religious body,

or other organization, or to records or statistics in his official

custody, contained on any census or other schedule or questionnaire

prepared and submitted to him under the authority of this title,

shall be fined not more than $500; and if he willfully gives a

false answer to any such question, he shall be fined not more than

$10,000.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1024; Pub. L. 85-207, Sec. 18,

Aug. 28, 1957, 71 Stat. 484; Pub. L. 94-521, Sec. 14, Oct. 17,

1976, 90 Stat. 2465.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 74, 84, 122, 210, and

section 1442 of title 42, U.S.C., 1952 ed., The Public Health and

Welfare (Aug. 7, 1916, ch. 274, Sec. 4, 39 Stat. 437; Apr. 2, 1924,

ch. 80, Sec. 4, 43 Stat. 32; June 18, 1929, ch. 28, Sec. 10, 21, 46

Stat. 24, 26; June 14, 1938, ch. 358, 52 Stat. 678; July 25, 1947,

ch. 331, 61 Stat. 457; June 19, 1948, ch. 502, Sec. 2, 62 Stat.

479; July 15, 1949, ch. 338, title VI, Sec. 607, 63 Stat. 441).

Section consolidates parts of sections 74 and 84 of title 13,

U.S.C., 1952 ed., relating to cotton statistics and statistics on

oilseeds, nuts and kernels, fats, oils and greases (subchapters I

and II of chapter 3 of this revised title), all of section 210 of

such title, which section was a part of chapter 4 thereof relating

to the decennial censuses of population, agriculture, etc.

(subchapter II of chapter 5, of this revised title), with that part

of section 122 of such title which made such section 210 applicable

to the quinquennial censuses of manufactures, the mineral

industries, and other businesses provided for in section 121(a) of

such title (subchapter I of chapter 5 of this revised title), and,

with certain qualifications and exceptions, applicable to the

interim surveys provided for by section 121(b) of such title

(subchapter IV of chapter 5 of this revised title), and that part

of subsection (b) of section 1442 of title 42, U.S.C., 1952 ed.,

which made such section 210 applicable to the decennial censuses of

housing (subchapter II of chapter 5 of this revised title). For

remainder of sections 74, 84 and 122 of title 13, U.S.C., 1952 ed.,

and of section 1442 of title 42, U.S.C., 1952 ed. (which section

has been transferred in its entirety to this revised title), see

Distribution Table.

Section 210 of title 13, U.S.C., 1952 ed., by its own terms was

applicable to the collection of miscellaneous statistics provided

for by section 111 of such title (subchapter III of chapter 3 of

this revised title), except that such section 111 placed certain

restrictions upon the collection of statistics on religion. These

restrictions, along with those of section 122 of such title with

respect to the making of surveys, and along with provisions

excepting this section from application to the censuses of

governments provided for by section 251 of title 13, U.S.C., 1952

ed. (subchapter III of chapter 5 of this revised title), are set

out as another section in this revised title. Subject to those

exceptions and restrictions, this section applies to all

collections and censuses provided for in this title, in so far as

it is relevant.

Sections 74, 84 and 210 of title 13, U.S.C., 1952 ed., described

the same type of offenses, but the penal provisions varied.

Section 74 prescribed maximum fine of $1,000 and maximum

imprisonment of one year, for refusal to answer or giving a false

answer; section 84 prescribed maximum fine of $1,000 for refusal to

answer or giving false answer, with no imprisonment; and section

210 prescribed maximum fine of $500 and maximum imprisonment of

sixty days for refusal to answer, and maximum fine of $10,000 and

maximum imprisonment of one year for giving a false answer. In

addition, such section 74 prescribed a minimum fine of $300 for

refusal to answer or giving a false answer. This revised section

adopts the penalties of such section 210, which was the latest

enactment on the subject, and which might have been regarded as

having superseded the penal provisions of such sections 74 and 84.

According to its own terms, its penal provisions were applicable

not only to the censuses of population, agriculture, etc., provided

for in chapter 4 of title 13, U.S.C., 1952 ed., but also to any

schedules prepared under the act of March 6, 1902 (sections 1-6,

77, 101, 111, and 112 of such title), or under acts amendatory

thereof ''or supplemental thereto.'' This reference did not cover

sections 74 and 84 specifically, but such sections, enacted in 1924

and 1916, respectively, could probably be regarded as having been

''supplemental'' to the 1902 act. In any event, this revised

section establishes uniform penalties for refusal to answer, or

giving a false answer in the circumstances stated. Further, the

prescribed penalties are the maximum, and any lesser penalty can be

imposed if the facts of the case warrant it.

Reference to the ''Secretary (of Commerce) or other authorized

officer or employee of the Department of Commerce or bureau or

agency thereof'' was substituted for references to the Director of

the Census and employees of the Bureau of the Census, to conform

with 1950 Reorganization Plan No. 5, Sec. 1, 2, eff. May 24, 1950,

15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this

title.

References to the offenses as being in each case a

''misdemeanor'' were omitted as covered by section 1 of title 18,

U.S.C., 1952 ed., Crimes and Criminal Procedure, classifying

crimes; and words ''upon conviction thereof'' and ''at the

discretion of the court'' were omitted as surplusage.

The provision permitting the requests to be made by registered

mail, by telegraph, by visiting representative, or by one or more

of these methods, was contained in sections 74 and 84 of title 13,

U.S.C., 1952 ed., but not in section 210 of such title. It is

retained in this section as probably a desirable provision to apply

generally.

Provisions in sections 74, 84 and 210 of title 13, U.S.C., 1952

ed., that it ''shall be the duty'' of the persons referred to, to

answer correctly, etc., were omitted as unnecessary and redundant.

This section defines offenses and prescribes penalties for

committing them, and are deemed sufficient for the purpose of

enforcement. However, some of the language used in the omitted

provisions was necessarily included in the description of the

offenses.

Changes were made in phraseology.

AMENDMENTS

1976 - Pub. L. 94-521 struck out provision enumerating methods by

which the Department of Commerce may transmit a request to answer

census questions under this section, substituted ''schedule or

questionnaire'' for ''schedule'', struck out provision authorizing

a sixty day maximum prison term for neglecting or refusing to

answer census questions submitted under this section and a similar

provision authorizing a one year maximum prison term for willfully

giving a false answer to any such questions.

1957 - Pub. L. 85-207 inserted ''by certified mail,'' after ''by

registered mail,''.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section

17 of Pub. L. 94-521, set out as a note under section 1 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 225 of this title.

-CITE-

13 USC Sec. 225 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER II - OTHER PERSONS

-HEAD-

Sec. 225. Applicability of penal provisions in certain cases

-STATUTE-

(a) In connection with any survey conducted by the Secretary or

other authorized officer or employee of the Department of Commerce

or bureau or agency thereof pursuant to subchapter IV of chapter 5

of this title, the provisions of sections 221, 222, 223 and 224 of

this title shall apply -

(1) with respect to the answering of questions and furnishing

of information, only to such inquiries as are within the scope of

the schedules and questionnaires and of the type and character

heretofore used in connection with the taking of complete

censuses under subchapters I and II of chapter 5 of this title,

or in connection with any censuses hereafter taken pursuant to

such subchapters;

(2) only after publication of a determination with reasons

therefor certified by the Secretary, or by some other authorized

officer or employee of the Department of Commerce or bureau or

agency thereof with the approval of the Secretary, that the

information called for is needed to aid or permit the efficient

performance of essential governmental functions or services, or

has significant application to the needs of the public, business,

or industry and is not publicly available from nongovernmental or

other governmental sources;

(3) in the case of any new survey, only after public notice,

given by the Secretary or other authorized officer or employee of

the Department of Commerce or bureau or agency thereof at least

thirty days in advance of requesting a return, that such survey

is under consideration.

(b) The provisions for imprisonment provided by section 222 of

this title shall not apply in connection with any survey conducted

pursuant to subchapter II of chapter 3 of this title, or to

subchapter IV of chapter 5 of this title.

(c) The provisions of sections 221, 222, 223, and 224 of this

title shall not apply to any censuses or surveys of governments

provided for by subchapters III and IV of chapter 5 of this title,

nor to other surveys provided for by subchapter IV of such chapter

which are taken more frequently than annually.

(d) Where the doctrine, teaching, or discipline of any religious

denomination or church prohibits the disclosure of information

relative to membership, a refusal, in such circumstances, to

furnish such information shall not be an offense under this

chapter.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1024; Pub. L. 94-521, Sec.

15(a), Oct. 17, 1976, 90 Stat. 2465.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 111, 122 (Mar. 2, 1902,

ch. 139, Sec. 7, 32 Stat. 52; June 7, 1906, ch. 3048, 34 Stat. 218;

June 18, 1929, ch. 28, Sec. 3, 46 Stat. 26; 1939 Reorg. Plan No.

II, Sec. 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431; 1940

Reorg. Plan No. III, Sec. 3, eff. June 30, 1940, 5 F.R. 2107, 54

Stat. 1232; June 25, 1947, ch. 124, 61 Stat. 163; June 19, 1948,

ch. 502, Sec. 1, 62 Stat. 478; Sept. 7, 1950, ch. 910, Sec. 4, 64

Stat. 785).

Section consolidates parts of sections 111 and 122 of title 13,

U.S.C., 1952 ed., with changes in phraseology necessary to effect

consolidation and to preserve the intent, scope and meaning of the

parts of such sections so consolidated. For remainder of such

sections 111 and 122, see Distribution Table.

Subsections (a) and (b) of this revised section are from section

122 of title 13, U.S.C., 1952 ed., and in subsection (a) references

to the Secretary (of Commerce) and to ''other authorized officer or

employee of the Department of Commerce or bureau or agency

thereof'' were substituted for references to the Director of the

Census to conform with 1950 Reorganization Plan No. 5, Sec. 1, 2,

eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note

to section 4 of this title.

Subsection (c) is partly new (but preserves existing law), and

partly from section 122 of title 13, U.S.C., 1952 ed. Section 252

of title 13, U.S.C., 1952 ed., which related to the censuses of

governments provided by section 251 thereof (see subchapter III of

chapter 5 of this title), made certain sections in chapter 4 of

that title relating to censuses of population, agriculture, etc.,

applicable to such censuses of governments. However, it did not

list sections 209 and 210 of such title among the sections made so

applicable, probably because they would hardly be relevant and

capable of application to such censuses. Subsection (c) makes it

clear that sections 221-224 of this revised title, into which were

carried the provisions of such sections 209 and 210, and which

speak in general terms, are not applicable to the censuses and

surveys of governments.

Subsection (d) is from section 111 of title 13, U.S.C., 1952 ed.

Words in this subsection, ''a refusal, in such circumstances, to

furnish such information shall not be an offense under this

chapter'', read ''such information shall not be required''. It was

felt that such exception in such section 111 was actually more in

the nature of an exception to the penal provisions, and it has been

so treated in this revised title. The collection of statistics on

religion are provided for in section 102 of this title.

AMENDMENTS

1976 - Subsec. (a)(1). Pub. L. 94-521, Sec. 15(a)(1), inserted

''and questionnaires'' after ''schedules''.

Subsec. (b). Pub. L. 94-521, Sec. 15(a)(2), struck out reference

to imprisonment provisions provided by sections 221 and 224 of this

title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section

17 of Pub. L. 94-521, set out as a note under section 1 of this

title.

-CITE-

13 USC SUBCHAPTER III - PROCEDURE 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER III - PROCEDURE

.

-HEAD-

SUBCHAPTER III - PROCEDURE

-CITE-

13 USC Sec. 241 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 7 - OFFENSES AND PENALTIES

SUBCHAPTER III - PROCEDURE

-HEAD-

Sec. 241. Evidence

-STATUTE-

When any request for information, made by the Secretary or other

authorized officer or employee of the Department of Commerce or

bureau or agency thereof, is made by registered or certified mail

or telegram, the return receipt therefor or other written receipt

thereof shall be prima facie evidence of an official request in any

prosecution under such section.

-SOURCE-

(Aug. 31, 1954, ch. 1158, 68 Stat. 1025; Pub. L. 85-207, Sec. 19,

Aug. 28, 1957, 71 Stat. 484; Pub. L. 94-521, Sec. 15(b), Oct. 17,

1976, 90 Stat. 2465.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 13, U.S.C., 1952 ed., Sec. 74, 84 (Aug. 7, 1916,

ch. 274, Sec. 4, 39 Stat. 437; Apr. 2, 1924, ch. 80, Sec. 4, 43

Stat. 32; June 18, 1929, ch. 28, Sec. 21, 46 Stat. 26; June 14,

1938, ch. 358, 52 Stat. 678; July 25, 1947, ch. 331, 61 Stat. 457).

Section consolidates part of section 74 of title 13, U.S.C., 1952

ed., which section related to the collection of cotton statistics,

with part of section 84 of such title, which section related to the

collection of statistics on oilseeds, nuts and kernels, fats, oils

and greases. For remainder of such sections 74 and 84, see

Distribution Table.

Section 74 of title 13, U.S.C., 1952 ed., authorized the making

of requests for information by registered mail, and provided that,

if so made, the registry receipt should be ''accepted as evidence

of such demand''. Section 84 thereof authorized the making of

requests by registered mail, or ''by telegraph'', and provided

that, if so made, the ''return'' receipt therefor should be ''prima

facie evidence of an official request''. The authorizations

contained in such sections have been carried into section 224 of

this title, and the evidentiary provisions thereof have been

carried into this section, and they apply to investigations other

than those to which such sections 74 and 84 related. See Revision

Note to section 224 of this title.

In this revised section, the language of section 84 of title 13,

U.S.C., 1952 ed., was largely followed as probably being the more

desirable, but ''or other written receipt thereof'' was inserted

since there is no return receipt with respect to a telegram, and

words ''in any prosecution under such section'' were inserted for

the purpose of completeness.

Further, words ''Secretary or other authorized officer or

employee of the Department of Commerce or bureau or agency

thereof'' were substituted for references to the Director of the

Census, to conform with 1950 Reorganization Plan No. 5, Sec. 1, 2,

eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note

to section 4 of this title.

Changes were made in phraseology.

AMENDMENTS

1976 - Pub. L. 94-521 struck out ''as authorized by section 224

of this title'' after ''telegram''.

1957 - Pub. L. 85-207 inserted ''or certified'' after

''registered''.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-521 effective Oct. 17, 1976, see section

17 of Pub. L. 94-521, set out as a note under section 1 of this

title.

-CITE-