[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.