A bill to amend the Agricultural Adjustment Act of 1938 to release and protect the release of tobacco production and marketing information.
PL 106-47 (S.1543), enacted 08/13/1999

113 STAT. 228 
PUBLIC LAW 106-47—AUG. 13, 1999 
Public Law 106-47 
106th Congress 
An Act 
Aug. 13, 1999 
To amend the Agricultural Adjustment Act of 1938 to release and protect the 
[S. 1543] 
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: 
7 use 1314J. 
"SEC. 320D. 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 
meirketing of tobacco to State trusts or similar organizations 
engaged in the distribution of national trust funds to tobacco pro-
ducers and other persons with interests associated with the produc-
tion of tobacco, as determined by the Secretary. 
"(b) LIMITATIONS.— 
"(1) IN GENERAL.—Information may be released under sub-
section (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 cheirged with, 
distributing funds to tobacco producers or other parties 
with £in 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 announce-
ment, 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 mEiking 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) FxjNDS.—The Secretary shall use amoiuits made avail-
able for salaries and expenses of the Department to carry 
out paragraph (1). 
"(d) RECORDS.— 
PUBLIC LAW 106-47—AUG. 13, 1999 
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 sub-
section 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: 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Aug. 5, considered and passed Senate and House.