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Annual Survey of Manufactures
Legal Issues


28.  Can my company be exempt from filing the census forms?

No. Because of the mandatory reporting requirement, the Census cannot excuse your company from filing. For more information on mandatory reporting, see the Legal Information page.

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29.  Are my data confidential?

Yes. No one outside of the Census Bureau is entitled to view your report. Title 13 of the United States Code provides complete protection for all reported information. Census forms, including copies retained by respondents, are immune from legal action. Also, Federal law specifically exempts the reports from the provisions of the Freedom of Information Act.

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30.  Is the Annual Survey of Manufactures required?

Your response is required by law. Title 13, United States Code, requires businesses and other organizations that receive this questionnaire to answer the questions and return the report form to the Census Bureau. For more information on Title 13, please see the Legal Information page.

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31.  Where can I view Title 13, United States Code?

A full text, searchable version of Title 13 is available.

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32.  What are the penalties for not reporting?

The penalties under Title 13, United States Code are:

  1. Failure to Report - Up to, but not more than, $500 per establishment. Payment of this fine does not release this company from the responsibility of filing.
  2. Willfully Giving Wrong Answers - Up to, but not more than, $10,000.

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33.  Who sees my completed report form(s)?

Individual reports are seen only by sworn Census Bureau employees and only for the purpose of developing statistical totals and summaries. Census publications provide no information about an individual firm's operations.

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34.  Is this a legitimate business survey conducted by the Census Bureau?

Any request for survey information from the Census Bureau will be clearly identified as coming from the U.S. Census Bureau and as OFFICIAL BUSINESS of the United States.

It is a Federal offense for anyone to pretend they represent the Census Bureau, or any other office of the United States Government. Section 912 of Title 18, U.S. Code, states the following:

"Whoever Falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both."

Census Bureau surveys look different from other surveys, and we provide information that will help you in answering the census or survey.

When you are in a Census Bureau business survey, we will tell you, generally by letter:
 

  1. Why the information is needed;
  2. Whether your response is required by law or voluntary, and the applicable laws;
  3. That your response is confidential; and
  4. When your response is due.

 You can also look for certain things if we send a questionnaire to your business.
 

  1. An official survey code: all surveys have a code, such as OMB No. 0607-0763, in the upper right hand corner of the report form. This indicates that the questionnaire and the need to collect the information is approved by the federal Office of Management and Budget.
  2. An expiration date: following this official code, there is usually an approval expiration date, meaning the questionnaire and the approval to collect the date will again be reviewed by the Office of Management and Budget around the time of the expiration date.
  3. A Census Bureau form number: this is usually located in the upper left corner of the report form.
  4. A due date: all questionnaires indicate a specific due date or provide a time frame (such as, within 30 days of receipt of the form). For some surveys, you may request an extension of the due date if you need more time to complete the form.
  5. A return envelope: most paper report forms are returned to the Census Bureau's National Processing Center in Jeffersonville, IN, but other paper report forms may be addressed to Washington, DC.

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Source: U.S. Census Bureau | BHS Team |   Last Revised: January 04, 2013 13:58:16