§ 211. — Receiving or securing compensation for appointment of employees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC211]
TITLE 13--CENSUS
CHAPTER 7--OFFENSES AND PENALTIES
SUBCHAPTER I--OFFICERS AND EMPLOYEES
Sec. 211. Receiving or securing compensation for appointment of
employees
Whoever--
(1) receives or secures to himself any fee, reward, or
compensation as a consideration for the appointment of any person as
supervisor, enumerator, clerk, or other officer or employee of the
Department of Commerce or bureau or agency thereof, referred to in
subchapter 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 person 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., Secs. 122, 207, 252, and
section 1442 of title 42, U.S.C., 1952 ed., The Public Health and
Welfare (June 18, 1929, ch. 28, Sec. 7, 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; Sept. 7, 1950, ch. 910, Sec. 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 relating to the censuses of
population, agriculture, irrigation, 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 censuses 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
censuses of housing (subchapter II of chapter 5 of this revised 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 original 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 covered by section 1 of title 18, U.S.C., 1952 ed., Crimes
and Criminal Procedure, classifying offenses, and the latter, as
surplusage.
The reference ``Department of Commerce or bureau or agency thereof''
was inserted in recognition of 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). 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.
Section Referred to in Other Sections
This section is referred to in section 307 of this title.
