§ 223. — Refusal, by owners, proprietors, etc., to assist census 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: 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.
