
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 13USC223]

 
                            TITLE 13--CENSUS
 
                    CHAPTER 7--OFFENSES AND PENALTIES
 
                      SUBCHAPTER II--OTHER PERSONS
 
Sec. 223. Refusal, by owners, proprietors, etc., to assist 
        census employees
        
    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.

(Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 85-207, Sec. 17, Aug. 
28, 1957, 71 Stat. 484.)


                      Historical and Revision Notes

    Based on title 13, U.S.C., 1952 ed., Secs. 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, Secs. 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''.

                  Section Referred to in Other Sections

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