§ 9. — Information as confidential; exception.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC9]
TITLE 13--CENSUS
CHAPTER 1--ADMINISTRATION
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 9. Information as confidential; exception
(a) 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--
(1) use the information furnished under the provisions of this
title for any purpose other than the statistical purposes for which
it is supplied; or
(2) make any publication whereby the data furnished by any
particular establishment or individual under this title can be
identified; or
(3) 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.
(b) 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.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 87-813, Oct. 15, 1962,
76 Stat. 922; Pub. L. 101-533, Sec. 5(b)(2), Nov. 7, 1990, 104 Stat.
2348; Pub. L. 103-430, Sec. 2(b), Oct. 31, 1994, 108 Stat. 4394; Pub. L.
105-113, Sec. 4(a)(1), Nov. 21, 1997, 111 Stat. 2276; Pub. L. 105-119,
title II, Sec. 210(k), Nov. 26, 1997, 111 Stat. 2487.)
Historical and Revision Notes
Based on title 13, U.S.C., 1952 ed., Secs. 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, Sec. 3, 39 Stat. 437; Apr. 2, 1924,
ch. 80, Sec. 3, 43 Stat. 31; June 18, 1929, ch. 28, Secs. 8, 11, 21, 46
Stat. 23, 25, 26; 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; Sept. 7, 1950, ch. 910, Sec. 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, Secs. 1, 2, eff. May 24, 1950, 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.
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, Nov. 26, 1997,
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.
Amendments
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.
Section Referred to in Other Sections
This section is referred to in sections 8, 23, 214 of this title;
title 7 section 2204g; title 22 section 3144; title 42 sections 1973aa-
5, 2000f, 6274, 11608; title 50 App. section 2411.
