§ 224. — Failure to answer questions affecting companies, businesses, religious bodies, and other organizations; false answers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
