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[[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;

[[Page 111 STAT. 2275]]

            (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))

[[Page 111 STAT. 2276]]

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):
---------------------------------------------------------------------------

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.

                                  <all>

Pages: 1

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