[106th Congress Public Law 47]
[From the U.S. Government Printing Office]
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[DOCID: f:publ047.106]
[[Page 113 STAT. 228]]
Public Law 106-47
106th Congress
An Act
To amend the Agricultural Adjustment Act of 1938 <<NOTE: Aug. 13,
1999 - [S. 1543]>> to release and protect the release of tobacco
production and marketing information.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TOBACCO PRODUCTION AND MARKETING INFORMATION.
Part I of subtitle B of title III of the Agricultural Adjustment Act
of 1938 (7 U.S.C. 1311 et seq.) is amended by adding at the end the
following:
``SEC. 320D. <<NOTE: 7 USC 1314j.>> TOBACCO PRODUCTION AND MARKETING
INFORMATION.
``(a) In General.--Notwithstanding any other provision of law, the
Secretary may, subject to subsection (b), release marketing information
submitted by persons relating to the production and marketing of tobacco
to State trusts or similar organizations engaged in the distribution of
national trust funds to tobacco producers and other persons with
interests associated with the production of tobacco, as determined by
the Secretary.
``(b) Limitations.--
``(1) In general.--Information may be released under
subsection (a) only to the extent that--
``(A) the release is in the interest of tobacco
producers, as determined by the Secretary; and
``(B) the information is released to a State trust
or other organization that is created to, or charged
with, distributing funds to tobacco producers or other
parties with an interest in tobacco production or
tobacco farms under a national or State trust or
settlement.
``(2) Exemption from release.--The Secretary shall, to the
maximum extent practicable, in advance of making a release of
information under subsection (a), allow, by announcement, a
period of at least 15 days for persons whose consent would
otherwise be required by law to effectuate the release, to elect
to be exempt from the release.
``(c) Assistance.--
``(1) In general.--In making a release under subsection (a),
the Secretary may provide such other assistance with respect to
information released under subsection (a) as will facilitate the
interest of producers in receiving the funds that are the
subject of a trust described in subsection (a).
``(2) Funds.--The Secretary shall use amounts made available
for salaries and expenses of the Department to carry out
paragraph (1).
``(d) Records.--
[[Page 113 STAT. 229]]
``(1) In general.--A person that obtains information
described in subsection (a) shall maintain records that are
consistent with the purposes of the release and shall not use
the records for any purpose not authorized under this section.
``(2) Penalty.--A person that knowingly violates this
subsection shall be fined not more than $10,000, imprisoned not
more than 1 year, or both.
``(e) Application.--This section shall not apply to--
``(1) records submitted by cigarette manufacturers with
respect to the production of cigarettes;
``(2) records that were submitted as expected purchase
intentions in connection with the establishment of national
tobacco quotas; or
``(3) records that aggregate the purchases of particular
buyers.''.
Approved August 13, 1999.
LEGISLATIVE HISTORY--S. 1543:
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CONGRESSIONAL RECORD, Vol. 145 (1999):
Aug. 5, considered and passed Senate and House.
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