
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: 13USC224]

 
                            TITLE 13--CENSUS
 
                    CHAPTER 7--OFFENSES AND PENALTIES
 
                      SUBCHAPTER II--OTHER PERSONS
 
Sec. 224. Failure to answer questions affecting companies, 
        businesses, religious bodies, and other organizations; false 
        answers
        
    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.

(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.)


                      Historical and Revision Notes

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

                  Section Referred to in Other Sections

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