[105th Congress Public Law 113]
[From the U.S. Government Printing Office]
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[DOCID: f:publ113.105]
[[Page 2273]]
CENSUS OF AGRICULTURE ACT OF 1997
[[Page 111 STAT. 2274]]
Public Law 105-113
105th Congress
An Act
To transfer to the Secretary of Agriculture the authority to conduct the
census of agriculture, and for other purposes. <<NOTE: Nov. 21,
1997 - [H.R. 2366]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Census of
Agriculture Act of 1997.>>
SECTION 1. SHORT TITLE. <<NOTE: 7 USC 2201 note.>>
This Act may be cited as the ``Census of Agriculture Act of 1997''.
SEC. 2. <<NOTE: 7 USC 2204g.>> 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;
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(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))
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is amended by striking ``taken under section 142 of title 13, United
States Code''.
(d) <<NOTE: 7 USC 1991 note.>> 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.''.
Approved November 21, 1997.
LEGISLATIVE HISTORY--H.R. 2366 (S. 845):
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HOUSE REPORTS: No. 105-296, Pt. 1 (Comm. on Agriculture).
SENATE REPORTS: No. 105-141 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 143 (1997):
Oct. 21, considered and passed House.
Nov. 10, considered and passed Senate.
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