§ 214. Wrongful disclosure of information

Statutory text

Whoever, being or having been an employee or staff member referred to in subchapter II of chapter 1 of this title, having taken and subscribed the oath of office, or having sworn to observe the limitations imposed by section 9 of this title, or whoever, being or having been a census liaison within the meaning of section 16 of this title, publishes or communicates any information, the disclosure of which is prohibited under the provisions of section 9 of this title, and which comes into his possession by reason of his being employed (or otherwise providing services) under the provisions of this title, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1954
Aug. 31, 1954, ch. 1158, 68 Stat. 1023 · 68 Stat. 1023
Enacted · 13 U.S.C. § 214
Aug. 31, 1954, ch. 1158, 68 Stat. 1023
Source evidence
Code source credit
Aug. 31, 1954, ch. 1158, 68 Stat. 1023
1976
Pub. L. 94–521 § 12(a) · 90 Stat. 2459
1. Inserted · 13 U.S.C. § 214
  Pub. L. 94–521 provided that staff members would be liable for wrongful communication of information under this section, inserted “or having sworn to observe the limitations imposed by section 9 of this title” after “oath of office”
2. Substituted · 13 U.S.C. § 214
  Pub. L. 94–521 provided that staff members would be liable for wrongful communication of information under this section, substituted a provision predicating liability under this section upon disclosure of information prohibited by section 9 of this title for a former provision predicating such liability upon disclosure of information without the written authority of the Secretary or other authorized officer or employee of the Department of Commerce or bureau or agency thereof
3. Substituted · 13 U.S.C. § 214
  Pub. L. 94–521 provided that staff members would be liable for wrongful communication of information under this section, substituted “being employed (or otherwise providing services)” for “employment”, increased maximum amount of fine under this section to $5,000 from $1,000, and increased maximum prison term to 5 years from 2 years
Source evidence
Code amendment note
Pub. L. 94–521 provided that staff members would be liable for wrongful communication of information under this section, inserted “or having sworn to observe the limitations imposed by section 9 of this title” after “oath of office”, substituted a provision predicating liability under this section upon disclosure of information prohibited by section 9 of this title for a former provision predicating such liability upon disclosure of information without the written authority of the Secretary or other authorized officer or employee of the Department of Commerce or bureau or agency thereof, substituted “being employed (or otherwise providing services)” for “employment”, increased maximum amount of fine under this section to $5,000 from $1,000, and increased maximum prison term to 5 years from 2 years.
Enacted provision · exact public law section
(a) Section 214 of title 13, United States Code, relating to wrongful disclosure of information, is amended to read as follows: “Whoever, being or having been an employee or staff member 13 USC 21. referred to in subchapter II of chapter 1 of this title, having taken and subscribed the oath of office, or having sworn to observe the limitations 13 USC 9. imposed by section 9 of this title, publishes or communicates any information, the disclosure of which is prohibited under the provisions of section 9 of this title, and which comes into his possession by reason of his being employed (or otherwise providing services) under the provisions of this title, shall be fined not more than $5,000 or imprisoned not more than 5 years, or both.”
Effective date note
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.
1994
Census Address List Improvement Act of 1994
Pub. L. 103–430 § 2(c) · 108 Stat. 4393
Inserted · 13 U.S.C. § 214
Pub. L. 103–430 inserted “or whoever, being or having been a census liaison within the meaning of section 16 of this title,”
Source evidence
Code amendment note
Pub. L. 103–430 inserted “or whoever, being or having been a census liaison within the meaning of section 16 of this title,”.
Enacted provision · exact public law section
(c) Penalty.— Section 214 of such title is amended by inserting “or whoever, being or having been a census liaison within the meaning of section 16 of this title,” after “title,” the second place it appears.

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

Historical and Revision Notes

Based on title 13, U.S.C., 1952 ed., §§ 73, 83, 122, 208, 252, and section 1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare (Aug. 7, 1916, ch. 274, § 3, 39 Stat. 437; Apr. 2, 1924, ch. 80, § 3, 43 Stat. 31; June 18, 1929, ch. 28, §§ 8, 21, 46 Stat. 23, 26; July 25, 1947, ch. 331, 61 Stat. 437; June 19, 1948, ch. 502, § 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441; Sept. 7, 1950, ch. 910, § 2, 64 Stat. 784).

Section consolidates parts of sections 73, 83 and 208 of title 13, U.S.C., 1952 ed., that part of section 122 of such title which made such section 208 applicable to the quinquennial censuses of manufactures, the mineral industries, and other businesses (see subchapter I of chapter 5 of this revised title), that part of section 252 of such title which made such section 208 applicable to the quinquennial censuses of governments (see subchapter III 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 208 applicable to the decennial censuses of housing (see subchapter II of chapter 5 of this title).

Words “Secretary or other authorized officer or employee of the Department of Commerce or bureau or agency thereof” were substituted for reference to the Director of the Census. See Revision Note to section 9 of this title, into which other parts of sections 73, 83 and 208 of title 13, U.S.C., 1952 ed., have been carried.

The provision in section 208 of title 13, U.S.C., 1952 ed., designating the offense as a felony, was omitted as covered by section 1 of title 18, U.S.C., 1952 ed., Crimes and Criminal Procedure, and words in such section “upon conviction thereof” and “in the discretion of the court”, were omitted as surplusage.

Changes were made in phraseology.

Editorial Notes

Amendments1976–1994 · 2 rounds

1994

Pub. L. 103–430 inserted “or whoever, being or having been a census liaison within the meaning of section 16 of this title,”.

1976

Pub. L. 94–521 provided that staff members would be liable for wrongful communication of information under this section, inserted “or having sworn to observe the limitations imposed by section 9 of this title” after “oath of office”, substituted a provision predicating liability under this section upon disclosure of information prohibited by section 9 of this title for a former provision predicating such liability upon disclosure of information without the written authority of the Secretary or other authorized officer or employee of the Department of Commerce or bureau or agency thereof, substituted “being employed (or otherwise providing services)” for “employment”, increased maximum amount of fine under this section to $5,000 from $1,000, and increased maximum prison term to 5 years from 2 years.

Statutory Notes and Related Subsidiaries

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.

Credits

1954–1994 · 3 acts

1954Aug. 31, 1954, ch. 1158, 68 Stat. 1023
1976Pub. L. 94–521, § 12(a), Oct. 17, 1976, 90 Stat. 2464
1994Pub. L. 103–430, § 2(c), Oct. 31, 1994, 108 Stat. 4394.

Show as published

(Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 94–521, § 12(a), Oct. 17, 1976, 90 Stat. 2464; Pub. L. 103–430, § 2(c), Oct. 31, 1994, 108 Stat. 4394.)