Title 13 — Census
Chapter 1 — Administration
§ 9. Information as confidential; exception
Statutory text
Neither the Secretary, nor any other officer or employee of the Department of Commerce or bureau or agency thereof, or local government census liaison, may, except as provided in section 8 or 16 or chapter 10 of this title or section 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 or section 2(f) of the Census of Agriculture Act of 1997—
use the information furnished under the provisions of this title for any purpose other than the statistical purposes for which it is supplied; or
make any publication whereby the data furnished by any particular establishment or individual under this title can be identified; or
permit anyone other than the sworn officers and employees of the Department or bureau or agency thereof to examine the individual reports.
No department, bureau, agency, officer, or employee of the Government, except the Secretary in carrying out the purposes of this title, shall require, for any reason, copies of census reports which have been retained by any such establishment or individual. Copies of census reports which have been so retained shall be immune from legal process, and shall not, without the consent of the individual or establishment concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.
The provisions of subsection (a) of this section relating to the confidential treatment of data for particular individuals and establishments, shall not apply to the censuses of governments provided for by subchapter III of chapter 5 of this title, nor to interim current data provided for by subchapter IV of chapter 5 of this title as to the subjects covered by censuses of governments, with respect to any information obtained therefor that is compiled from, or customarily provided in, public records.
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.
Aug. 31, 1954, ch. 1158, 68 Stat. 1013 · 68 Stat. 1013
Enacted · 13 U.S.C. § 9
Aug. 31, 1954, ch. 1158, 68 Stat. 1013
Source evidence
Code source credit
Aug. 31, 1954, ch. 1158, 68 Stat. 1013Pub. L. 87–813 · 76 Stat. 922
Inserted · 13 U.S.C. § 9(a)
Pub. L. 87–813 inserted sentences stating that no department, bureau, agency, officer, or employee of the Government, except the Secretary in carrying out the purposes of this title, shall require, for any reason, copies of census reports which have been retained by any such establishment or individual, and providing that copies of census reports which have been so retained shall be immune from legal process, and shall not, without the consent of the individual or establishment, be admitted as evidence or used for any purpose in any action, suit or other judicial or administrative proceeding
Source evidence
Code amendment note
Subsec. (a). Pub. L. 87–813 inserted sentences stating that no department, bureau, agency, officer, or employee of the Government, except the Secretary in carrying out the purposes of this title, shall require, for any reason, copies of census reports which have been retained by any such establishment or individual, and providing that copies of census reports which have been so retained shall be immune from legal process, and shall not, without the consent of the individual or establishment, be admitted as evidence or used for any purpose in any action, suit or other judicial or administrative proceeding.Foreign Direct Investment and International Financial Data Improvements Act of 1990
Pub. L. 101–533 § 5(b)(2) · 104 Stat. 2344
Inserted · 13 U.S.C. § 9(a)
Pub. L. 101–533 inserted “or chapter 10” after “section 8”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–533 inserted “or chapter 10” after “section 8”.Enacted provision · exact public law section
(2) Section 9(a) of title 13, United States Code, is amended by inserting after “section 8” the following: “or chapter 10”.Census Address List Improvement Act of 1994
Pub. L. 103–430 § 2(b) · 108 Stat. 4393
Inserted · 13 U.S.C. § 9(a)
Pub. L. 103–430 inserted “or local government census liaison,” after “thereof,” and “or 16” after “section 8”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 103–430 inserted “or local government census liaison,” after “thereof,” and “or 16” after “section 8”.Enacted provision · exact public law section
(b) Confidentiality.— Section 9(a) of such title is amended— (1) by inserting “or local government census liaison,” after “thereof,”, and (2) by inserting “or 16” after “section 8”.Census of Agriculture Act of 1997
Pub. L. 105–113 § 4(a)(1) · 111 Stat. 2274
Inserted · 13 U.S.C. § 9(a)
Pub. L. 105–113 inserted “or section 2(f) of the Census of Agriculture Act of 1997” after “chapter 10 of this title”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–113 inserted “or section 2(f) of the Census of Agriculture Act of 1997” after “chapter 10 of this title”.Enacted provision · exact public law section
(1) Authority to provide information.— Section 9(a) of title 13, United States Code, is amended by inserting after “chapter 10 of this title” the following: “or section 2(f) of the Census of Agriculture Act of 1997”.Department of Justice Appropriations Act, 1998
Pub. L. 105–119 title II § 210(k) · 111 Stat. 2440
Substituted · 13 U.S.C. § 9(a)
Pub. L. 105–119, which directed the substitution, in introductory provisions, of “of this title or section 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998—” for “of this title—” to reflect the probable intent of Congress and the amendment by Pub. L. 105–113. See below
Substituted · 13 U.S.C. § 9(a)
Pub. L. 105–119, which directed the substitution, in introductory provisions, of “of this title or section 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998” for “of this title” to reflect the probable intent of Congress and the amendment by Pub. L. 105–113. See below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–119, which directed the substitution, in introductory provisions, of “of this title or section 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998—” for “of this title—”, was executed by substituting “of this title or section 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998” for “of this title” to reflect the probable intent of Congress and the amendment by Pub. L. 105–113. See below.Enacted provision · exact public law section
(k) Section 9(a) of title 13, United States Code, is amended in the matter before paragraph (1) thereof by striking “of this title—” and inserting “of this title or section 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998—”.
5 of 7 references resolved to an enrolled provision · 2 partial
Notes
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., §§ 73, 83, 122, 208, 211, 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, 11, 21, 46 Stat. 23, 25, 26; July 25, 1947, ch. 331, 61 Stat. 457; 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 and 83 of title 13, U.S.C., 1952 ed., part of section 208 of such title, section 211 of such title, that part of section 122 of such title which made such sections 208 and 211 applicable to the quinquennial censuses of manufacturers, 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 sections 208 and 211 applicable to the quinquennial censuses of governments (see subchapter III of chapter 5 of this revised title), the second proviso in such section 252, and that part of subsection (b) of section 1442 of title 42, U.S.C., 1952 ed., which made such sections 208 and 211 applicable to the decennial censuses of housing (see subchapter II of chapter 5 of this revised title).
Words “except as provided in section 8 of this title” were inserted in opening phrase of subsection (a) for the purpose of clarity.
References to the Secretary, the Department of Commerce and bureaus and agencies thereof, and to other officers and employees of such Department, bureaus or agencies, were substituted for references to the Director of the Census, the “Census Office”, and the enumeration (in section 208 of title 13, U.S.C., 1952 ed.) of certain types of employees, for the purpose of completeness, and to conform with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. , 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title.
The penal provisions of sections 73, 83, and 208 of title 13, U.S.C., 1952 ed., prescribing penalties for wrongful disclosure of information, are set out in section 214 of this title.
Changes were made in phraseology.
For remainder of sections 122, 208, 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.
Editorial Notes
References in Text
Section 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, referred to in subsec. (a), is section 210 of Pub. L. 105–119, title II, , 111 Stat. 2483, which amended this section and enacted provisions set out as a note under section 141 of this title.
Section 2(f) of the Census of Agriculture Act of 1997, referred to in subsec. (a), is classified to section 2204g(f) of Title 7, Agriculture.
Amendments1962–1997 · 4 rounds
1997
Subsec. (a). Pub. L. 105–119, which directed the substitution, in introductory provisions, of “of this title or section 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998—” for “of this title—”, was executed by substituting “of this title or section 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998” for “of this title” to reflect the probable intent of Congress and the amendment by Pub. L. 105–113. See below.
Pub. L. 105–113 inserted “or section 2(f) of the Census of Agriculture Act of 1997” after “chapter 10 of this title”.
1994
Subsec. (a). Pub. L. 103–430 inserted “or local government census liaison,” after “thereof,” and “or 16” after “section 8”.
1990
Subsec. (a). Pub. L. 101–533 inserted “or chapter 10” after “section 8”.
1962
Subsec. (a). Pub. L. 87–813 inserted sentences stating that no department, bureau, agency, officer, or employee of the Government, except the Secretary in carrying out the purposes of this title, shall require, for any reason, copies of census reports which have been retained by any such establishment or individual, and providing that copies of census reports which have been so retained shall be immune from legal process, and shall not, without the consent of the individual or establishment, be admitted as evidence or used for any purpose in any action, suit or other judicial or administrative proceeding.
Credits
1954–1997 · 6 acts
- 1954Aug. 31, 1954, ch. 1158, 68 Stat. 1013
- 1962Pub. L. 87–813, , 76 Stat. 922
- 1990Pub. L. 101–533, § 5(b)(2), , 104 Stat. 2348
- 1994Pub. L. 103–430, § 2(b), , 108 Stat. 4394
- 1997Pub. L. 105–113, § 4(a)(1), , 111 Stat. 2276
- 1997Pub. L. 105–119, title II, § 210(k), , 111 Stat. 2487.
Show as published
(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 87–813, , 76 Stat. 922; Pub. L. 101–533, § 5(b)(2), , 104 Stat. 2348; Pub. L. 103–430, § 2(b), , 108 Stat. 4394; Pub. L. 105–113, § 4(a)(1), , 111 Stat. 2276; Pub. L. 105–119, title II, § 210(k), , 111 Stat. 2487.)