13 U.S.C. § 224 — Failure to answer questions affecting com-

Page 30 TITLE 13—CENSUS § 223 employees is unnecessary and redundant; and ‘‘Depart- ment of Commerce or bureau or agency thereof’’ was substituted for ‘‘Census Office’’, to conform with 1950 Reorganization Plan No. 5, §§ 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 re- vised 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., ‘‘ei- ther as to the number of persons resident in any dis- trict or community, or in any other respect’’, were omitted from the revised section as unnecessary and superfluous. Reference to the offense described as a ‘‘mis- demeanor’’ 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. Editorial Notes AMENDMENTS 1957—Pub. L. 85–207 substituted ‘‘II, IV, or V’’ for ‘‘II or IV’’. § 223. Refusal, by owners, proprietors, etc., to as- sist census employees Whoever, being the owner, proprietor, man- ager, 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, act- ing 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 rep- resentative 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 re- lates to any of the subjects for which censuses are provided by such subchapters I and II, in- cluding, 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. (Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 85–207, § 17, Aug. 28, 1957, 71 Stat. 484.) 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 third 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. (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, appli- cable 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 re- vised 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 (pro- vided for by section 121(b) thereof) not only with re- spect to the censuses of manufacturers, the mineral in- dustries, 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 re- vised 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 govern- ments provided for in subchapter III of chapter 5 of this title, or to surveys provided for in subchapter IV there- of 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 of- fense. References to the Secretary (of Commerce) and to ‘‘any other officer or employee of the Department of Commerce or bureau or agency thereof’’ were sub- stituted for references to the Director of the Census and the Census Office, to conform with 1950 Reorganiza- tion 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. 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 ‘‘offi- cer 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 there- of’’ 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. Editorial Notes AMENDMENTS 1957—Pub. L. 85–207 inserted ‘‘or V’’ after ‘‘subchapter IV’’. § 224. Failure to answer questions affecting com- panies, businesses, religious bodies, and other organizations; false answers Whoever, being the owner, official, agent, per- son in charge, or assistant to the person in Page 31 TITLE 13—CENSUS § 224 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 au- thorized officer or employee of the Department of Commerce or bureau or agency thereof, to an- swer completely and correctly to the best of his knowledge all questions relating to his com- pany, business, institution, establishment, reli- gious 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 au- thority 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. (Aug. 31, 1954, ch. 1158, 68 Stat. 1024; Pub. L. 85–207, § 18, Aug. 28, 1957, 71 Stat. 484; Pub. L. 94–521, § 14, Oct. 17, 1976, 90 Stat. 2465.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., §§ 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, § 4, 39 Stat. 437; Apr. 2, 1924, ch. 80, § 4, 43 Stat. 32; June 18, 1929, ch. 28, §§ 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, § 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI, § 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 re- vised title), all of section 210 of such title, which sec- tion was a part of chapter 4 thereof relating to the de- cennial censuses of population, agriculture, etc. (sub- chapter II of chapter 5, of this revised title), with that part of section 122 of such title which made such sec- tion 210 applicable to the quinquennial censuses of manufactures, the mineral industries, and other busi- nesses provided for in section 121(a) of such title (sub- chapter 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 sec- tions 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 (sub- chapter III of chapter 3 of this revised title), except that such section 111 placed certain restrictions upon the collection of statistics on religion. These restric- tions, along with those of section 122 of such title with respect to the making of surveys, and along with provi- sions 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 restric- tions, this section applies to all collections and cen- suses provided for in this title, in so far as it is rel- evant. Sections 74, 84 and 210 of title 13, U.S.C., 1952 ed., de- scribed the same type of offenses, but the penal provi- sions varied. Section 74 prescribed maximum fine of $1,000 and maximum imprisonment of one year, for re- fusal to answer or giving a false answer; section 84 pre- scribed 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 im- prisonment 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 provi- sions 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 specifi- cally, but such sections, enacted in 1924 and 1916, re- spectively, could probably be regarded as having been ‘‘supplemental’’ to the 1902 act. In any event, this re- vised section establishes uniform penalties for refusal to answer, or giving a false answer in the cir- cumstances stated. Further, the prescribed penalties are the maximum, and any lesser penalty can be im- posed 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 sub- stituted for references to the Director of the Census and employees of the Bureau of the Census, 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 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 Proce- dure, 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 representa- tive, 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 re- ferred to, to answer correctly, etc., were omitted as un- necessary and redundant. This section defines offenses and prescribes penalties for committing them, and are deemed sufficient for the purpose of enforcement. How- ever, some of the language used in the omitted provi- sions was necessarily included in the description of the offenses. Changes were made in phraseology. Editorial Notes 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 refus- ing to answer census questions submitted under this section and a similar provision authorizing a one year maximum prison term for willfully giving a false an- swer to any such questions. 1957—Pub. L. 85–207 inserted ‘‘by certified mail,’’ after ‘‘by registered mail,’’. 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. Page 32 TITLE 13—CENSUS § 225 § 225. Applicability of penal provisions in certain cases (a) In connection with any survey conducted by the Secretary or other authorized officer or employee of the Department of Commerce or bu- reau 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 ques- tions 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 Sec- retary, 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 per- formance 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 nongovern- mental 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 Depart- ment of Commerce or bureau or agency there- of at least thirty days in advance of requesting a return, that such survey is under consider- ation. (b) The provisions for imprisonment provided by section 222 of this title shall not apply in con- nection with any survey conducted pursuant to subchapter II of chapter 3 of this title, or to sub- chapter 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 sub- chapters 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 pro- hibits the disclosure of information relative to membership, a refusal, in such circumstances, to furnish such information shall not be an offense under this chapter. (Aug. 31, 1954, ch. 1158, 68 Stat. 1024; Pub. L. 94–521, § 15(a), Oct. 17, 1976, 90 Stat. 2465.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., §§ 111, 122 (Mar. 2, 1902, ch. 139, § 7, 32 Stat. 52; June 7, 1906, ch. 3048, 34 Stat. 218; June 18, 1929, ch. 28, § 3, 46 Stat. 26; 1939 Reorg. Plan No. II, § 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431; 1940 Reorg. Plan No. III, § 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, § 1, 62 Stat. 478; Sept. 7, 1950, ch. 910, § 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 sub- section (a) references to the Secretary (of Commerce) and to ‘‘other authorized officer or employee of the De- partment 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, §§ 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 sec- tions 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. Editorial Notes AMENDMENTS 1976—Subsec. (a)(1). Pub. L. 94–521, § 15(a)(1), inserted ‘‘and questionnaires’’ after ‘‘schedules’’. Subsec. (b). Pub. L. 94–521, § 15(a)(2), struck out ref- erence to imprisonment provisions provided by sections 221 and 224 of this title. 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 III—PROCEDURE § 241. Evidence When any request for information, made by the Secretary or other authorized officer or em- ployee of the Department of Commerce or bu- reau 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. (Aug. 31, 1954, ch. 1158, 68 Stat. 1025; Pub. L. 85–207, § 19, Aug. 28, 1957, 71 Stat. 484; Pub. L. 94–521, § 15(b), Oct. 17, 1976, 90 Stat. 2465.) HISTORICAL AND REVISION NOTES Based on title 13, U.S.C., 1952 ed., §§ 74, 84 (Aug. 7, 1916, ch. 274, § 4, 39 Stat. 437; Apr. 2, 1924, ch. 80, § 4, 43 Stat. 32; June 18, 1929, ch. 28, § 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