13 U.S.C. § 213 — False statements, certificates, and informa-

Page 27 TITLE 13—CENSUS § 213 CHAPTER 7—OFFENSES AND PENALTIES SUBCHAPTER I—OFFICERS AND EMPLOYEES Sec. 211. Receiving or securing compensation for ap- pointment of employees. 212. Refusal or neglect of employees to perform duties. 213. False statements, certificates, and informa- tion. 214. Wrongful disclosure of information. SUBCHAPTER II—OTHER PERSONS 221. Refusal or neglect to answer questions; false answers. 222. Giving suggestions or information with in- tent to cause inaccurate enumeration of population. 223. Refusal, by owners, proprietors, etc., to assist census employees. 224. Failure to answer questions affecting compa- nies, businesses, religious bodies, and other organizations; false answers. 225. Applicability of penal provisions in certain cases. SUBCHAPTER III—PROCEDURE 241. Evidence. SUBCHAPTER I—OFFICERS AND EMPLOYEES § 211. Receiving or securing compensation for ap- pointment of employees Whoever— (1) receives or secures to himself any fee, re- ward, or compensation as a consideration for the appointment of any person as supervisor, enumerator, clerk, or other officer or em- ployee of the Department of Commerce or bu- reau or agency thereof, referred to in sub- chapter 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 per- son so appointed— shall be fined not more than $3,000 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, 207, 252, and section 1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June 18, 1929, ch. 28, § 7, 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 section 207 of title 13, U.S.C., 1952 ed., which was a part of chapter 4 of such title re- lating to the censuses of population, agriculture, irri- gation, 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 cen- suses 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 cen- suses of housing (subchapter II of chapter 5 of this re- vised 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 origi- nal 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 cov- ered by section 1 of title 18, U.S.C., 1952 ed., Crimes and Criminal Procedure, classifying offenses, and the lat- ter, as surplusage. The reference ‘‘Department of Commerce or bureau or agency thereof’’ was inserted in recognition of 1950 Reorganization Plan No. 5, §§ 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. § 212. Refusal or neglect of employees to perform duties Whoever, being an employee referred to in sub- chapter 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. (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; June 19, 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., which was a part of chapter 4 of such title relating to the censuses of population, agri- culture, 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 hous- ing 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 re- ferred 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 in- tent. The words ‘‘being an employee referred to in sub- chapter 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 sec- tion 1 of title 18, U.S.C., 1952 ed., Crimes and Criminal Procedure, classifying offenses, and the latter, as sur- plusage. Changes were made in phraseology. § 213. False statements, certificates, and informa- tion (a) Whoever, being an officer or employee re- ferred 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 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