Collapse to view only § 5. Questionnaires; number, form, and scope of inquiries
- § 1. Definitions
- § 2. Bureau of the Census
- § 3. Seal
- § 4. Functions of Secretary; regulations; delegation
- § 5. Questionnaires; number, form, and scope of inquiries
- § 6. Information from other Federal departments and agencies; acquisition of reports from other governmental and private sources
- § 7. Printing; requisitions upon Director of the Government Publishing Office; publication of bulletins and reports
- § 8. Authenticated transcripts or copies of certain returns; other data; restriction on use; disposition of fees received
- § 9. Information as confidential; exception
- [§ 10. Repealed.
- § 11. Authorization of appropriations
- § 12. Mechanical and electronic development
- § 13. Procurement of professional services
- [§ 14. Repealed.
- § 15. Leases for 1980 decennial census
- § 16. Address information reviewed by States and local governments
§ 1. Definitions
As used in this title, unless the context requires another meaning or unless it is otherwise provided—
(1) “Bureau” means the Bureau of the Census;
(2) “Secretary” means the Secretary of Commerce; and
(3) “respondent” includes a corporation, company, association, firm, partnership, proprietorship, society, joint stock company, individual, or other organization or entity which reported information, or on behalf of which information was reported, in response to a questionnaire, inquiry, or other request of the Bureau.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Pub. L. 94–521, § 1, Oct. 17, 1976, 90 Stat. 2459.)
§ 2. Bureau of the Census
The Bureau is continued as an agency within, and under the jurisdiction of, the Department of Commerce.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1012.)
§ 3. Seal
The Bureau shall have a seal containing such device as has been selected heretofore, or as the Secretary may select hereafter. A description of such seal with an impression thereof shall be filed in the office of the Secretary of State. The seal shall remain in the custody of the Secretary or such officer or employee of the Bureau as he designates, and shall be affixed to all documents authenticated by the Bureau. Judicial notice shall be taken of the seal.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1012; Pub. L. 85–207, § 2, Aug. 28, 1957, 71 Stat. 481; Pub. L. 94–521, § 2, Oct. 17, 1976, 90 Stat. 2459.)
§ 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.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 94–521, § 3(a), Oct. 17, 1976, 90 Stat. 2459.)
§ 5. Questionnaires; number, form, and scope of inquiries
The Secretary shall prepare questionnaires, and shall determine the inquiries, and the number, form, and subdivisions thereof, for the statistics, surveys, and censuses provided for in this title.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 94–521, § 4(a), Oct. 17, 1976, 90 Stat. 2459.)
§ 6. Information from other Federal departments and agencies; acquisition of reports from other governmental and private sources
(a) The Secretary, whenever he considers it advisable, may call upon any other department, agency, or establishment of the Federal Government, or of the government of the District of Columbia, for information pertinent to the work provided for in this title.
(b) The Secretary may acquire, by purchase or otherwise, from States, counties, cities, or other units of government, or their instrumentalities, or from private persons and agencies, such copies of records, reports, and other material as may be required for the efficient and economical conduct of the censuses and surveys provided for in this title.
(c) To the maximum extent possible and consistent with the kind, timeliness, quality and scope of the statistics required, the Secretary shall acquire and use information available from any source referred to in subsection (a) or (b) of this section instead of conducting direct inquiries.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 85–207, § 3, Aug. 28, 1957, 71 Stat. 481; Pub. L. 94–521, § 5(a), Oct. 17, 1976, 90 Stat. 2460.)
§ 7. Printing; requisitions upon Director of the Government Publishing Office; publication of bulletins and reports
The Secretary may make requisition upon the Director of the Government Publishing Office for miscellaneous printing necessary to carry out the provisions of this title. He may further have printed by the Director of the Government Publishing Office, in such editions as he deems necessary, preliminary and other census bulletins, and final reports of the results of the several investigations authorized by this title, and may publish and distribute such bulletins and reports.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1013; Pub. L. 113–235, div. H, title I, § 1301(d), Dec. 16, 2014, 128 Stat. 2537.)
§ 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, 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.)
§ 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, § 5(b)(2), Nov. 7, 1990, 104 Stat. 2348; Pub. L. 103–430, § 2(b), Oct. 31, 1994, 108 Stat. 4394; Pub. L. 105–113, § 4(a)(1), Nov. 21, 1997, 111 Stat. 2276; Pub. L. 105–119, title II, § 210(k), Nov. 26, 1997
[§ 10. Repealed. Pub. L. 86–682, § 12(a), Sept. 2, 1960, 74 Stat. 708, eff. Sept. 1, 1960]
§ 11. Authorization of appropriations
There is authorized to be appropriated, out of the Treasury of the United States, such sums as may be necessary to carry out all provisions of this title.
(Aug. 31, 1954, ch. 1158, 68 Stat. 1014.)
§ 12. Mechanical and electronic development
The Secretary is authorized to have conducted mechanical and electronic development work as he determines is needed to further the functions and duties of carrying out the purposes of this title and may enter into such developmental contracts as he may determine to be in the best interest of the Government.
(Added Pub. L. 85–207, § 5, Aug. 28, 1957, 71 Stat. 481.)
§ 13. Procurement of professional services
The Secretary shall have authority to contract with educational and other research organizations for the preparation of monographs and other reports and materials of a similar nature.
(Added Pub. L. 85–207, § 5, Aug. 28, 1957, 71 Stat. 481.)
[§ 14. Repealed. Pub. L. 89–473, § 2(a), June 29, 1966, 80 Stat. 221]
§ 15. Leases for 1980 decennial census
The 15 percent limitation contained in section 322 1
1 See References in Text note below.
of the Act of June 30, 1932 (47 Stat. 412) shall not apply to leases entered into by the Secretary for the purpose of carrying out the 1980 decennial census, but no lease may be entered into for such purpose at a rental in excess of 105 percent of the appraised fair annual rental of the leased premises, or a proportionate part of the appraised fair annual rental in the case of a lease for less than a year.(Added Pub. L. 96–52, § 1(a), Aug. 13, 1979, 93 Stat. 358; amended Pub. L. 108–178, § 4(c), Dec. 15, 2003, 117 Stat. 2641.)
§ 16. Address information reviewed by States and local governments
(a) The Secretary, to assist efforts to ensure the accuracy of censuses and surveys under this title, shall—
(1) publish standards defining the span and structure of address information which States and local units of general purpose government may submit to the Secretary to be used in developing a national address list;
(2)
(A) develop and publish a timetable for the Bureau to receive, review, and respond to submissions of information under paragraph (1) before the decennial census date; and
(B) provide for a response by the Bureau with respect to such submissions in which the Bureau specifies its determinations regarding such information and the reasons for such determinations; and
(3) be subject to the review process developed under section 3 of the Census Address List Improvement Act of 1994 relating to responses pursuant to paragraph (2).
(b)
(1) The Secretary—
(A) shall provide officials who are designated as census liaisons by a local unit of general purpose government with access to census address information for the purpose of verifying the accuracy of the address information of the Bureau for census and survey purposes; and
(B) together with such access, should provide an explanation of duties and obligations under this title.
(2) Access under paragraph (1) shall be limited to address information concerning addresses within the local unit of general purpose government represented by the census liaison or an adjacent local unit of general purpose government.
(3) The Bureau should respond to each recommendation made by a census liaison concerning the accuracy of address information, including the determination (and reasons therefor) of the Bureau regarding each such recommendation.
(4) For the purposes of paragraph (1), in a case in which a local unit of general purpose government is within another local unit of general purpose government and is not independent of the enclosing unit, the census liaison shall be designated by the local unit of general purpose government which is within the enclosing local unit of general purpose government.
(5) A census liaison may not use information made available under paragraph (1) for any purpose other than the purpose specified in paragraph (1).
(c) For the purposes of this section—
(1) the term “local unit of general purpose government” has the meaning given such term by section 184(1) of this title; and
(2) the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.
(Added Pub. L. 103–430, § 2(a), Oct. 31, 1994, 108 Stat. 4393.)