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 deter-
mines 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;
H. R. 2366—2
(2) as determined appropriate by the Secretary, the District
of Columbia, the Commonwealth of Puerto Rico, the Common-
wealth 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
AGRI-
CULTURE.—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 Com-
merce 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 consid-
ered 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 Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1991(a)(11)(F))
H. R. 2366—3
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.