[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2366 Enrolled Bill (ENR)]
H.R.2366
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To transfer to the Secretary of Agriculture the authority to conduct the
census of agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Census of Agriculture Act of 1997''.
SEC. 2. AUTHORITY OF SECRETARY OF AGRICULTURE TO CONDUCT CENSUS OF
AGRICULTURE.
(a) Census of Agriculture Required.--In 1998 and every fifth year
thereafter, the Secretary of Agriculture shall take a census of
agriculture.
(b) Methods.--In connection with the census, the Secretary may
conduct any survey or other information collection, and employ any
sampling or other statistical method, that the Secretary determines is
appropriate.
(c) Year of Information.--The information collected in each census
taken under this section shall relate to the year immediately preceding
the year in which the census is taken.
(d) Enforcement.--
(1) Fraud.--A person over 18 years of age who willfully gives
an answer that is false to a question, which is authorized by the
Secretary to be submitted to the person in connection with a census
under this section, shall be fined not more than $500.
(2) Refusal or neglect to answer questions.--A person over 18
years of age who refuses or willfully neglects to answer a
question, which is authorized by the Secretary to be submitted to
the person in connection with a census under this section, shall be
fined not more than $100.
(3) Social security number.--The failure or refusal of a person
to disclose the person's Social Security number in response to a
request made in connection with any census or other activity under
this section shall not be a violation under this subsection.
(4) Religious information.--Notwithstanding any other provision
of this section, no person shall be compelled to disclose
information relative to the religious beliefs of the person or to
membership of the person in a religious body.
(e) Geographic Coverage.--A census under this section shall
include--
(1) each of the several States of the United States;
(2) as determined appropriate by the Secretary, the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, and
Guam; and
(3) with the concurrence of the Secretary and the Secretary of
State, any other possession or area over which the United States
exercises jurisdiction, control, or sovereignty.
(f) Cooperation With Secretary of Commerce.--
(1) Information provided to secretary of agriculture.--On a
written request by the Secretary of Agriculture, the Secretary of
Commerce may provide to the Secretary of Agriculture any
information collected under title 13, United States Code, that the
Secretary of Agriculture considers necessary for the taking of a
census or survey under this section.
(2) Information provided to secretary of commerce.--On a
written request by the Secretary of Commerce, the Secretary of
Agriculture may provide to the Secretary of Commerce any
information collected in a census taken under this section that the
Secretary of Commerce considers necessary for the taking of a
census or survey under title 13, United States Code.
(3) Confidentiality.--Information obtained under this
subsection may not be used for any purpose other than the
statistical purposes for which the information is supplied. For
purposes of sections 9 and 214 of title 13, United States Code, any
information provided under paragraph (2) shall be considered
information furnished under the provisions of title 13, United
States Code.
(g) Regulations.--A regulation necessary to carry out this section
may be promulgated by--
(1) the Secretary of Agriculture, to the extent that a matter
under the jurisdiction of the Secretary is involved; and
(2) the Secretary of Commerce, to the extent that a matter
under the jurisdiction of the Secretary of Commerce is involved.''.
SEC. 3. REPEAL OF SUPERSEDED PROVISION.
(a) Repeal.--Section 142 of title 13, United States Code, is
repealed.
(b) Clerical Amendments.--
(1) Subchapter II of chapter 5 of title 13, United States Code,
is amended by striking the subchapter heading and inserting the
following:
``SUBCHAPTER II--POPULATION, HOUSING, AND UNEMPLOYMENT''.
(2) The analysis of chapter 5 of title 13, United States Code,
is amended--
(A) by striking the item relating to section 142; and
(B) by striking the item relating to the heading for
subchapter II and inserting the following:
``SUBCHAPTER II--POPULATION, HOUSING, AND UNEMPLOYMENT''.
(c) Cross Reference.--Section 343(a)(11)(F) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1991(a)(11)(F)) is amended by
striking ``taken under section 142 of title 13, United States Code''.
(d) Effective Date.--This section and the amendments made by this
section shall take effect October 1, 1998.
SEC. 4. CONFIDENTIALITY OF INFORMATION.
(a) Information Provided to Secretary of Agriculture.--
(1) Authority to provide information.--Section 9(a) of title
13, United States Code, is amended by inserting after ``chapter 10
of this title'' the following: ``or section 2(f) of the Census of
Agriculture Act of 1997''.
(2) Confidentiality of information.--Section 1770(d) of the
Food Security Act of 1985 (7 U.S.C. 2276(d)) is amended--
(A) by striking ``or'' at the end of paragraph (8);
(B) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(C) by adding at the end the following:
``(10) section 2 of the Census of Agriculture Act of 1997.''.
(b) Information Provided to the Secretary of Commerce.--Section
1770 of the Food Security Act of 1985 (7 U.S.C. 2276) is amended by
adding at the end the following:
``(e) Information Provided to Secretary of Commerce.--This section
shall not prohibit the release of information under section 2(f)(2) of
the Census of Agriculture Act of 1997.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.