§ 214. — Wrongful disclosure of information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC214]
TITLE 13--CENSUS
CHAPTER 7--OFFENSES AND PENALTIES
SUBCHAPTER I--OFFICERS AND EMPLOYEES
Sec. 214. Wrongful disclosure of information
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.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1023; Pub. L. 94-521, Sec. 12(a),
Oct. 17, 1976, 90 Stat. 2464; Pub. L. 103-430, Sec. 2(c), Oct. 31, 1994,
108 Stat. 4394.)
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., Secs. 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, Sec. 3, 39 Stat. 437; Apr. 2, 1924, ch.
80, Sec. 3, 43 Stat. 31; June 18, 1929, ch. 28, Secs. 8, 21, 46 Stat.
23, 26; July 25, 1947, ch. 331, 61 Stat. 437; June 19, 1948, ch. 502,
Sec. 2, 62 Stat. 479; July 15, 1949, ch. 338, title VI, Sec. 607, 63
Stat. 441; Sept. 7, 1950, ch. 910, Sec. 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.
Amendments
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.
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 307 of this title; title 7
section 2204g; title 22 section 3144.
