U.S. Code » Title 13 » Chapter CHAPTER 1— ADMINISTRATION › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

13 U.S.C. § 8

Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition of fees received

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(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, 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 services enumerated under this section shall be deposited in a separate account which may be used to pay directly the costs of such work or services, to repay appropriations which initially bore all or part of such costs, or to refund excess sums when necessary.(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 85–207, § 4, Aug. 28, 1957, 71 Stat. 481; Pub. L. 94–521, § 6(a), Oct. 17, 1976, 90 Stat. 2460.)Historical and Revision Notes

Based on title 13, U.S.C., 1952 ed., § 218, and section 1442 of title 42, U.S.C., 1952 ed., The Public Health and Welfare (June 18, 1929, ch. 28, § 18, 46 Stat. 25; July 15, 1949, ch. 338, title VI, § 607, 63 Stat. 441).

Section consolidates section 218 of title 13, U.S.C., 1952 ed., with that part of subsection (b) of section 1442 of title 42, U.S.C., 1952 ed., which made such section 218 applicable to the censuses of housing. For remainder of such section 1442 of title 42 (which has been transferred in its entirety to this revised title), see Distribution Table.

References to the Secretary, meaning the Secretary of Commerce, were substituted for references to the Director of the Census, to conform with 1950 Reorganization Plan No. 5, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263. See Revision Note to section 4 of this title. For the same reason, a reference in section 218 of title 13, U.S.C., 1952 ed., to the Bureau of the Census was changed, in subsection (e) of this revised section to “Department of Commerce or any bureau or agency thereof”.

Changes were made in phraseology and arrangement.

Editorial NotesAmendments

1976—Pub. L. 94–521 substituted “Authenticated transcripts or copies” for “Certified copies” in section catchline.

Subsec. (a). Pub. L. 94–521 substituted provision that the Secretary may furnish to any respondent, or the successor or authorized agent of such respondent, transcripts or copies of reports containing information furnished in connection with the surveys and census, upon payment of the necessary costs, for provision that authorized the Secretary, in his discretion, to furnish the Governors of States and Territories, courts of record, and individuals, data for genealogical and other proper purposes, from the population, agriculture, and housing schedules prepared under the authority of subchapter II of chapter 5 of this title, upon payment of the necessary costs, plus one dollar for supplying a certificate.

Subsec. (b). Pub. L. 94–521 inserted provision subjecting the Secretary to the limitations contained in sections 6(c) and 9 of this title, when furnishing statistical materials under this section, substituted “copies of tabulations and other statistical materials” for “transcripts or copies of tables and other census records”, inserted provision that materials furnished under this section may not disclose information reported by, or on behalf of, a particular respondent, and substituted a provision enumerating the public and private establishments and individuals, on behalf of whom, special statistical compilations may be conducted for provision that such compilations may be conducted on behalf of State or local officials, private concerns, or individuals.

Subsec. (c). Pub. L. 94–521 struck out “the authority of” after “furnished under”, substituted “any respondent or other person” for “the persons”, and inserted “except in the prosecution of alleged violations of this title” after “relates,”.

1957—Subsec. (b). Pub. L. 85–207, § 4(a), inserted sentence at end respecting engagement in joint statistical projects.

Subsec. (d). Pub. L. 85–207, § 4(b), required the deposit in a separate account of moneys received in payment for work or services, previously credited to an appropriation for collecting statistics, and permitted certain uses of such account.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 37 cases (5 in the last 5 years), 1957–2026 · leading case: Franklin v. Massachusetts, 505 U.S. 788 (1992).
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Franklin v. Massachusetts, 505 U.S. 788 (1992). · cites it 2× “[18] See 3 Encyclopedia of the Social Sciences 296 (reprinted in Subcommittee on Energy, Nuclear Proliferation and Federal Services of the Senate Committee on Governmental Affairs, The Decennial Census: An Analysis and Review, 96th Cong., 2d Sess.,461 (Comm. Print 1980)).”
Baldrige v. Shapiro, 455 U.S. 345 (1982). · cites it 3× “We granted certiorari to determine whether lists of addresses collected and utilized by the Bureau of the Census are exempt from disclosure, either by way of civil discovery or the Freedom of Information Act, under, the confidentiality provisions of the Census Act, 13 U. S. C.…”
Perkins v. State, 367 S.W.2d 140 (Tex. 1963). · cites it 4× “" The phrase "according to the last preceding Federal Census" contained in Article 966h relates that Article to the United States Census immediately preceding the effective date of the act — May 29, 1961, which would include the 1960 decennial census or any intervening special…”
New York v. U.S. Dep't of Com., 351 F. Supp. 3d 502 (S.D. Ill. 2019). “" 13 U.S.C. § 8 (b). In short, Secretary Ross violated Section 6(c) by adding a "direct inquiry" to the census questionnaire when the data gained from available administrative records would have been adequate - indeed, better.”
Rhinehart v. Seattle Times Co., 654 P.2d 673 (Wash. 1982). · cites it 2× “Federal statutes forbid disclosure except for limited purposes of census information (Census Act, 13 U.S.C. §§ 8 , 9, 214 (1954)), data concerning personal lives and business affairs given for purposes of tax collection (Internal Revenue Code, 26 U.”
In Re: Gordon R. England, Sec'y of the Navy, 375 F.3d 1169 (D.C. Cir. 2004). “Section 8(b) of the Census Act, 13 U.S.C. § 8 (b), provided in relevant part that “the Secretary [of Commerce] may furnish copies of tabulations and other statistical materials which do not disclose information reported by, or on behalf of, any particular respondent.”
Kopp v. State, 595 P.2d 309 (Idaho 1979). · cites it 2× “13 U.S.C. § 8 (b) (1954) (formerly section 218 this title).”
United States v. Zenon Hernandez, 913 F.2d 1506 (10th Cir. 1990). “13 U.S.C. §§ 8 (b), (c), 9(a). In exchange for and in reliance on this promise, citizens cooperate with the government’s census taking efforts relatively free of inhibitions that might otherwise distort their disclosures.”
Hugh L. Carey v. Philip M. Klutznick, 653 F.2d 732 (2d Cir. 1981). · cites it 2× “I also derive support for this interpretation of § 9 from the express language of 13 U.S.C. § 8 , a statute empowering the Secretary of Commerce to make certain disclosures subject to the limitations of § 9.”
Kravitz v. U.S. Dep't of Com., 366 F. Supp. 3d 681 (D. Maryland 2019). “13 U.S.C. §§ 8 (b), 9(a). And "[t]o the maximum extent possible and consistent with the kind, timeliness, quality and scope of the statistics required," the Secretary must "acquire and use information available from" existing administrative records "instead of conducting direct…”
United States v. William Steele, 461 F.2d 1148 (9th Cir. 1972). “It is provided in 13 U.S.C. § 8 (c): “In no case shall information furnished under the authority of this section be used to the detriment of the persons to whom such information relates.”
Dowd v. Calabrese, 101 F.R.D. 427 (D.D.C. 1984). “The rationale of that case is directly applicable here.”
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