Census of Agriculture Act of 1997
PL 105-113 (H.R.2366), enacted 11/21/1997

I l l STAT. 2274 
PUBLIC LAW 105-113—NOV. 21, 1997 
Public Law 105-113 
105th Congress 
An Act 
Nov. 21, 1997 
To transfer to the Secretary of Agriculture the authority to conduct the census 
[H.R. 2366] 
of agriculture, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Census of 
the United States of America in Congress assembled, 
Agriculture Act 
of 1997. 
SECTION 1. SHORT TITLE. 
7 use 2201 note. 
rpj^-^ ^^^ ^^^ 
^^ ^.^^^ ^^ ^^le "Census of Agriculture Act of 
1997". 
7 use 2204g. 
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; 
PUBLIC LAW 105-113—NOV. 21, 1997 
111 STAT. 2275 
(2) as determined appropriate by the Secretary, the District 
of Columbia, the Commonwealth of Puert;o 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)(ll)(F) of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 1991(a)(ll)(F)) 
I l l STAT. 2276 
PUBLIC LAW 105-113—NOV. 21, 1997 
is amended by striking "taken under section 142 of title 13, United 
States Code". 
7 use 1991 note. 
(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.". 
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.