
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: 13USC225]

 
                            TITLE 13--CENSUS
 
                    CHAPTER 7--OFFENSES AND PENALTIES
 
                      SUBCHAPTER II--OTHER PERSONS
 
Sec. 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 
bureau 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 questions 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 Secretary, 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 
    performance 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 nongovernmental 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 Department of Commerce or bureau or agency thereof at least 
    thirty days in advance of requesting a return, that such survey is 
    under consideration.

    (b) The provisions for imprisonment provided by section 222 of this 
title shall not apply in connection with any survey conducted pursuant 
to subchapter II of chapter 3 of this title, or to subchapter 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 subchapters 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 prohibits 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, Sec. 15(a), 
Oct. 17, 1976, 90 Stat. 2465.)


                      Historical and Revision Notes

    Based on title 13, U.S.C., 1952 ed., Secs. 111, 122 (Mar. 2, 1902, 
ch. 139, Sec. 7, 32 Stat. 52; June 7, 1906, ch. 3048, 34 Stat. 218; June 
18, 1929, ch. 28, Sec. 3, 46 Stat. 26; 1939 Reorg. Plan No. II, 
Sec. 4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1431; 1940 Reorg. 
Plan No. III, Sec. 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, Sec. 1, 62 
Stat. 478; Sept. 7, 1950, ch. 910, Sec. 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 subsection (a) references to the 
Secretary (of Commerce) and to ``other authorized officer or employee of 
the Department 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, Secs. 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 sections 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.


                               Amendments

    1976--Subsec. (a)(1). Pub. L. 94-521, Sec. 15(a)(1), inserted ``and 
questionnaires'' after ``schedules''.
    Subsec. (b). Pub. L. 94-521, Sec. 15(a)(2), struck out reference to 
imprisonment provisions provided by sections 221 and 224 of this title.


                    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.
