Public Law 119-73 (01/23/2026)

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 respect to any information obtained therefor that is compiled from, or customarily provided in, public records.

Aug. 31, 1954, ch. 115868 Stat. 1013Pub. L. 87–81376 Stat. 922Pub. L. 101–533, § 5(b)(2)104 Stat. 2348Pub. L. 103–430, § 2(b)108 Stat. 4394Pub. L. 105–113, § 4(a)(1)111 Stat. 2276Pub. L. 105–119, title II, § 210(k)111 Stat. 2487(, ; , , ; , , ; , , ; , , ; , , .)

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. 457June 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, 211, 252, and , U.S.C., 1952 ed., The Public Health and Welfare (, ; , ; , §§ 8, 11, 21, , 25, 26; , ; , ; , title VI, § 607, ; , ).

section 1442 of title 42Section 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 , 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).

section 8 of this titleWords “except as provided in ” were inserted in opening phrase of subsection (a) for the purpose of clarity.

section 208 of title 1364 Stat. 1263section 4 of this titleReferences 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 , 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, . See Revision Note to .

section 214 of this titleThe 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 .

Changes were made in phraseology.

section 1442 of title 42For remainder of sections 122, 208, and 252 of title 13, U.S.C., 1952 ed., and of , 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 Pub. L. 105–119111 Stat. 2483section 141 of this titleSection 210 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, referred to in subsec. (a), is , title II, , , which amended this section and enacted provisions set out as a note under .

section 2204g(f) of Title 7Section 2(f) of the Census of Agriculture Act of 1997, referred to in subsec. (a), is classified to , Agriculture.

Amendments

Pub. L. 105–119Pub. L. 105–1131997—Subsec. (a). , 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 . 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”.

Pub. L. 103–4301994—Subsec. (a). inserted “or local government census liaison,” after “thereof,” and “or 16” after “section 8”.

Pub. L. 101–5331990—Subsec. (a). inserted “or chapter 10” after “section 8”.

Pub. L. 87–8131962—Subsec. (a). 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.