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13 U.S.C. § 9 — Information as confidential; exception

Federal law — U.S. Code and appendices · legal_authorities

13 U.S.C. § 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 re

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Source file: Laws/federal/codes/united-states-code/title-13/section-9-information-as-confidential-exception--061278b406.md
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Source location: Title 13, Chapter 1, § 9; chapter-001-administration.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1442 — Repealed. Aug. 31, 1954, ch. 1158, § 7, 68 Stat. 1026

### Statutory Notes Section, act July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441, related to housing census. See [section 141 of Title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section141&num=0&edition=prelim), Census.

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13 U.S.C. § 8 — Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition of fees received

**(a)** The Secretary may, upon written request, furnish to any respondent, or to the heir, successor, or authorized agent of such respondent, authenticated transcripts or copies of reports (or portions thereof) containing information furnished by, or on behalf of, such respondent in connection with the surveys and census provided for in this title, upon payment of the actual or estimated cost of searching the records and furnishing such transcripts or copies. **(b)** Subject to the limitations contained in sections 6(c) and 9 of this title, the Secretary may furnish copies of tabulations and other statistical materials which do not disclose the information reported by, or on behalf of, any particular respondent, and may make special statistical compilations and surveys, for departments, agencies, and establishments of the Federal Government, the government of the District of Columbia, the government of any possession or area (including political subdivisions thereof) referred to in [section 191(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section191/a&num=0&edition=prelim), State or local agencies, or other public and private persons and agencies, upon payment of the actual or estimated cost of such work. In the case of nonprofit agencies or organizations, the Secretary may engage in joint statistical projects, the purpose of which are otherwise authorized by law, but only if the cost of such projects are shared equitably, as determined by the Secretary. **(c)** In no case shall information furnished under this section be used to the detriment of any respondent or other person to whom such information relates, except in the prosecution of alleged violations of this title. **(d)** All moneys received in payment for work or s

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13 U.S.C. § 141 — Population and other census information

**(a)** The Secretary shall, in the year 1980 and every 10 years thereafter, take a decennial census of population as of the first day of April of such year, which date shall be known as the “decennial census date”, in such form and content as he may determine, including the use of sampling procedures and special surveys. In connection with any such census, the Secretary is authorized to obtain such other census information as necessary. **(b)** The tabulation of total population by States under subsection (a) of this section as required for the apportionment of Representatives in Congress among the several States shall be completed within 9 months after the census date and reported by the Secretary to the President of the United States. **(c)** The officers or public bodies having initial responsibility for the legislative apportionment or districting of each State may, not later than 3 years before the decennial census date, submit to the Secretary a plan identifying the geographic areas for which specific tabulations of population are desired. Each such plan shall be developed in accordance with criteria established by the Secretary, which he shall furnish to such officers or public bodies not later than April 1 of the fourth year preceding the decennial census date. Such criteria shall include requirements which assure that such plan shall be developed in a nonpartisan manner. Should the Secretary find that a plan submitted by such officers or public bodies does not meet the criteria established by him, he shall consult to the extent necessary with such officers or public bodies in order to achieve the alterations in such plan that he deems necessary to bring it into accord with such criteria. Any issues with respect to such plan remaining unresolved after such co

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13 U.S.C. § 4 — Functions of Secretary; regulations; delegation

The Secretary shall perform the functions and duties imposed upon him by this title, may issue such rules and regulations as he deems necessary to carry out such functions and duties, and may delegate the performance of such functions and duties and the authority to issue such rules and regulations to such officers and employees of the Department of Commerce as he may designate.

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13 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section9&num=0&edition=prelim), or whoever, being or having been a census liaison within the meaning of [section 16 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section16&num=0&edition=prelim), publishes or communicates any information, the disclosure of which is prohibited under the provisions of [section 9 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section9&num=0&edition=prelim), 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.

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13 U.S.C. § 23 — Additional officers and employees

**(a)** The Secretary may establish, at rates of compensation to be fixed by him without regard to the Classification Act of 1949, as many temporary positions as may be necessary to meet the requirements of the work provided for by law. Bureau employees who are transferred to any such temporary positions shall not lose their permanent civil service status by reason of the transfer. The Secretary may make appointments to such temporary positions in conformity with the civil service laws and rules. **(b)** In addition to employees of the Department of Commerce, employees of other departments and independent offices of the Government may, with the consent of the head of the respective department or office, be employed and compensated for field work in connection with the work provided for by law without regard to section 301 of the Dual Compensation Act. **(c)** The Secretary may utilize temporary staff, including employees of Federal, State, or local agencies or instrumentalities, and employees of private organizations to assist the Bureau in performing the work authorized by this title, but only if such temporary staff is sworn to observe the limitations imposed by [section 9 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section9&num=0&edition=prelim).

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22 U.S.C. § 3141 — Congressional findings

The Congress makes the following findings: (1) The United States Government collects substantial amounts of information from foreign owned or controlled business enterprises or affiliates operating in the United States. (2) Additional analysis and presentation of this information is desirable to assist the public debate on the issue of foreign direct investments in the United States. (3) Information collected from foreign owned or controlled firms by the Bureau of Economic Analysis has serious analytical limitations because it is largely collected on an “enterprise” basis that does not permit an adequate analysis by industry groupings. (4) Statistical and analytic comparisons of the performance of foreign owned or controlled businesses operating within the United States with other business enterprises operating within the same industry can be accomplished under sections 3101(b) and 3104(c) of this title, and under Executive Order Numbered 11961, without the need to collect additional information, by sharing with other authorized Government agencies the employer identification numbers maintained by the Bureau of Economic Analysis. (5) Public disclosures of confidential business information collected by the United States Government relating to international direct investment flows could cause serious damage to the accuracy of the statistical data base. (6) The Government Accountability Office may have limited access to Government data on foreign direct investment.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3144 — Access to information; confidentiality

**(a) Confidentiality** (1) Those officers and employees who have access to information under this Act to which the provisions of [section 9 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section9&num=0&edition=prelim) apply must have been sworn, as provided for in section 23(c) of such title, to observe the limitations imposed by section 9(a) of such title and to be subject to the provisions of section 214 of such title to the same extent as such section applies to officers or employees of the Bureau of the Census. (2) Only those officers and employees who have sworn to observe the provisions of section 5(c) of the International Investment and Trade in Services Survey Act ([22 U.S.C. 3104(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3104/c&num=0&edition=prelim)) may have access under this Act to information to which such provisions apply, and such officers and employees are subject to the penalties for improper disclosure of such information provided in section 5(e) of that Act [[22 U.S.C. 3104(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3104/e&num=0&edition=prelim)] to the same extent as such section applies to officers or employees designated to perform functions under that Act [[22 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3101&num=0&edition=prelim) et seq.]. (3) Those officers and employees referred to in paragraphs (1) and (2) of this section 11 So in original. Probably should be “subsection”. shall be subject to any other restriction or penalty imposed by law with respect to disclosure of information to which such officers or employees have access under this Act. **(b) Violations and penalties** Whoever is in

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22 U.S.C. § 9008 — Collection, maintenance, and dissemination of information

**(a) In general** In performing its functions under the Convention, the United States Central Authority may, under such conditions as the Central Authority prescribes by regulation, but subject to subsection (c), receive from or transmit to any department, agency, or instrumentality of the Federal Government or of any State or foreign government, and receive from or transmit to any applicant, petitioner, or respondent, information necessary to locate a child or for the purpose of otherwise implementing the Convention with respect to a child, except that the United States Central Authority— (1) may receive such information from a Federal or State department, agency, or instrumentality only pursuant to applicable Federal and State statutes; and (2) may transmit any information received under this subsection notwithstanding any provision of law other than this chapter. **(b) Requests for information** Requests for information under this section shall be submitted in such manner and form as the United States Central Authority may prescribe by regulation and shall be accompanied or supported by such documents as the United States Central Authority may require. **(c) Responsibility of government entities** Whenever any department, agency, or instrumentality of the United States or of any State receives a request from the United States Central Authority for information authorized to be provided to such Central Authority under subsection (a), the head of such department, agency, or instrumentality shall promptly cause a search to be made of the files and records maintained by such department, agency, or instrumentality in order to determine whether the information requested is contained in any such files or records. If such search discloses the information requested, the h

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26 U.S.C. § 6103 — Confidentiality and disclosure of returns and return information

**(a) General rule** Returns and return information shall be confidential, and except as authorized by this title— (1) no officer or employee of the United States, (2) no officer or employee of any State, any local law enforcement agency receiving information under subsection (i)(1)(C) or (7)(A), any tribal or local child support enforcement agency, or any local agency administering a program listed in subsection (l)(7)(D) who has or had access to returns or return information under this section or section 6104(c), and (3) no other person (or officer or employee thereof) who has or had access to returns or return information under subsection (c), subsection (e)(1)(D)(iii), paragraph (10), (13), (14), or (15) of subsection (k), paragraph (6), (8), (10), (12), (13) (other than subparagraphs (D)(v) and (D)(vi) thereof), (16), (19), (20), or (21) of subsection (l), paragraph (2) or (4)(B) of subsection (m), or subsection (n), shall disclose any return or return information obtained by him in any manner in connection with his service as such an officer or an employee or otherwise or under the provisions of this section. For purposes of this subsection, the term “officer or employee” includes a former officer or employee. **(b) Definitions** For purposes of this section— (1) **Return** — The term “return” means any tax or information return, declaration of estimated tax, or claim for refund required by, or provided for or permitted under, the provisions of this title which is filed with the Secretary by, on behalf of, or with respect to any person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists which are supplemental to, or part of, the return so filed. (2) **Return information** — The term “return information” means— (

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