section 9 of this titlesection 16 of this titlesection 9 of this titleWhoever, 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 , or whoever, being or having been a census liaison within the meaning of , publishes or communicates any information, the disclosure of which is prohibited under the provisions of , 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. 115868 Stat. 1023Pub. L. 94–521, § 12(a)90 Stat. 2464Pub. L. 103–430, § 2(c)108 Stat. 4394(, ; , , ; , , .)
Historical and Revision Notes
section 1442 of title 42Aug. 7, 1916, ch. 274, § 339 Stat. 437Apr. 2, 1924, ch. 80, § 343 Stat. 31June 18, 1929, ch. 2846 Stat. 23July 25, 1947, ch. 33161 Stat. 437June 19, 1948, ch. 502, § 262 Stat. 479July 15, 1949, ch. 33863 Stat. 441Sept. 7, 1950, ch. 910, § 264 Stat. 784Based on title 13, U.S.C., 1952 ed., §§ 73, 83, 122, 208, 252, and , U.S.C., 1952 ed., The Public Health and Welfare (, ; , ; , §§ 8, 21, , 26; , ; , ; , title VI, § 607, ; , ).
section 1442 of title 42Section 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 , 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).
section 9 of this titleWords “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 , into which other parts of sections 73, 83 and 208 of title 13, U.S.C., 1952 ed., have been carried.
section 208 of title 13section 1 of title 18The provision in , U.S.C., 1952 ed., designating the offense as a felony, was omitted as covered by , 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
Amendments
Pub. L. 103–430section 16 of this title1994— inserted “or whoever, being or having been a census liaison within the meaning of ,”.
Pub. L. 94–521section 9 of this titlesection 9 of this title1976— 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 ” after “oath of office”, substituted a provision predicating liability under this section upon disclosure of information prohibited by 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
Pub. L. 94–521section 17 of Pub. L. 94–521section 1 of this titleAmendment by effective , see , set out as a note under .