§ 225. — Applicability of penal provisions in certain cases.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
