13 U.S.C. § 221 — Refusal or neglect to answer questions;

Page 28 TITLE 13—CENSUS § 214 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 re- ferred 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 of- ficer or employee of the Department of Com- merce 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. (Aug. 31, 1954, ch. 1158, 68 Stat. 1022.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., §§ 122, 208, 252, and section 1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June 18, 1929, ch. 28, § 8, 46 Stat. 23; June 19, 1948, ch. 502, § 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, § 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 sub- chapter 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 sec- tions 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 re- late to all investigations, surveys, collections of statis- tics, and censuses provided for in this title, and to offi- cers 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 convic- tion of’’ were omitted as surplusage. Changes were made in phraseology and arrangement. § 214. Wrongful disclosure of information Whoever, being or having been an employee or staff member referred to in subchapter II of chapter 1 of this title, having taken and sub- scribed the oath of office, or having sworn to ob- serve 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 in- formation, 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 serv- ices) under the provisions of this title, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both. (Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 94–521, § 12(a), Oct. 17, 1976, 90 Stat. 2464; Pub. L. 103–430, § 2(c), Oct. 31, 1994, 108 Stat. 4394.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., §§ 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, § 3, 39 Stat. 437; Apr. 2, 1924, ch. 80, § 3, 43 Stat. 31; June 18, 1929, ch. 28, §§ 8, 21, 46 Stat. 23, 26; July 25, 1947, ch. 331, 61 Stat. 437; June 19, 1948, ch. 502, § 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, § 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 in- dustries, and other businesses (see subchapter I of chap- ter 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 em- ployee 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. Editorial Notes AMENDMENTS 1994—Pub. L. 103–430 inserted ‘‘or whoever, being or having been a census liaison within the meaning of sec- tion 16 of this title,’’. 1976—Pub. L. 94–521 provided that staff members would be liable for wrongful communication of infor- mation 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 dis- closure 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 pro- viding services)’’ for ‘‘employment’’, increased max- imum amount of fine under this section to $5,000 from $1,000, and increased maximum prison term to 5 years from 2 years. Statutory Notes and Related Subsidiaries 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. SUBCHAPTER II—OTHER PERSONS § 221. Refusal or neglect to answer questions; false answers (a) Whoever, being over eighteen years of age, refuses or willfully neglects, when requested by Page 29 TITLE 13—CENSUS § 222 the Secretary, or by any other authorized officer or employee of the Department of Commerce or bureau or agency thereof acting under the in- structions 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 pro- vided for by subchapters I, II, IV, and V of chap- ter 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 de- scribed 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 dis- close information relative to his religious be- liefs or to membership in a religious body. (Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 85–207, § 15, Aug. 28, 1957, 71 Stat. 484; Pub. L. 94–521, § 13, Oct. 17, 1976, 90 Stat. 2465.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., §§ 122, 209, and sec- tion 1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June 18, 1929, ch. 28, § 9, 46 Stat. 23; June 19, 1948, ch. 502, § 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI, § 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 busi- nesses (see subchapter I of chapter 5 of this revised title) and applicable to the surveys provided for by sec- tion 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 en- tirety 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 pen- alties for committing them, and are deemed sufficient for the purpose of enforcement. However, some of the language used in the omitted provisions was nec- essarily 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 Pro- cedure, 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, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See revision note to sec- tion 4 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1976—Subsec. (a). Pub. L. 94–521, § 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, § 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, § 13(3), added subsec. (c). 1957—Subsec. (a). Pub. L. 85–207 substituted ‘‘I, II, IV, and V’’ for ‘‘I, II, and IV’’. Statutory Notes and Related Subsidiaries 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. § 222. Giving suggestions or information with in- tent to cause inaccurate enumeration of pop- ulation Whoever, either directly or indirectly, offers or renders to any officer or employee of the De- partment of Commerce or bureau or agency thereof engaged in making an enumeration of population under subchapter II, IV, or V of chap- ter 5 of this title, any suggestion, advice, infor- mation or assistance of any kind, with the in- tent or purpose of causing an inaccurate enu- meration of population to be made, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 85–207, § 16, Aug. 28, 1957, 71 Stat. 484.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., §§ 122, 209 (June 18, 1929, ch. 28, § 9, 46 Stat. 23; June 19, 1948, ch. 502, § 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 chap- ter 4 of that title relating to censuses of population, ag- riculture, etc., with that part of section 122 of such title which made such section 209 applicable to the in- terim 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 (sub- chapter I of chapter 5 of this revised title), and applica- ble, 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 sec- tion 209 that have been carried into this revised section related only to population enumerations, and this sec- tion 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 re- late 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 sub- stituted for ‘‘any supervisor, supervisor’s clerk, enu- merator, interpreter, special agent, or other officer or employee’’, as the latter enumeration of the types of