§ 2276. Confidentiality of information

Statutory text

In general

In the case of information furnished under a provision of law referred to in subsection (d), neither the Secretary of Agriculture, any other officer or employee of the Department of Agriculture or agency thereof, nor any other person may—

use such information for a purpose other than the development or reporting of aggregate data in a manner such that the identity of the person who supplied such information is not discernible and is not material to the intended uses of such information;

disclose such information to the public, unless such information has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information; or

in the case of information collected under the authority described in paragraph (12) or (13) of subsection (d), disclose the information to any person or any Federal, State, local, or tribal agency outside the Department of Agriculture, unless the information has been converted into a statistical or aggregate form that does not allow the identification of the person that supplied particular information.

Duty of Secretary; immunity from disclosure; necessary consent

In carrying out a provision of law referred to in subsection (d), no department, agency, officer, or employee of the Federal Government, other than the Secretary of Agriculture, shall require a person to furnish a copy of statistical information provided to the Department of Agriculture.

A copy of such information—

shall be immune from mandatory disclosure of any type, including legal process; and

shall not, without the consent of such person, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.

Violations; penalties

Any person who shall publish, cause to be published, or otherwise publicly release information collected pursuant to a provision of law referred to in subsection (d), in any manner or for any purpose prohibited in section 1 (a), shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both.

Provisions of law references

For purposes of this section, a provision of law referred to in this subsection means—

the first section of the Act entitled “An Act authorizing the Secretary of Agriculture to collect and publish statistics of the grade and staple length of cotton”, approved March 3, 1927 (7 U.S.C. 471) (commonly referred to as the “Cotton Statistics and Estimates Act”);

the first section of the Act entitled “An Act to provide for the collection and publication of statistics of tobacco by the Department of Agriculture”, approved January 14, 1929 (7 U.S.C. 501);

the first section of the Act entitled “An Act to provide for the collection and publication of statistics of peanuts by the Department of Agriculture”, approved June 24, 1936 (7 U.S.C. 951);

section 203(g) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(g));

section 526(a) of the Revised Statutes (7 U.S.C. 2204(a));

the Act entitled “An Act providing for the publication of statistics relating to spirits of turpentine and resin”, approved August 15, 1935 (7 U.S.C. 2248);

section 42 of title 13;

section 4 of the Act entitled “An Act to establish the Department of Commerce and Labor”, approved February 14, 1903 (15 U.S.C. 1516);

section 2 of the joint resolution entitled “Joint resolution relating to the publication of economic and social statistics for Americans of Spanish origin or descent”, approved June 16, 1976 (15 U.S.C. 1516a);

section 3(e) of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642(e));

section 2204g of this title;

section 302 of the Rural Development Act of 1972 (7 U.S.C. 1010a) regarding the authority to collect data for the National Resources Inventory; or

section 10109 of the Agriculture Improvement Act of 2018.

Information provided to Secretary of Commerce

This section shall not prohibit the release of information under section 2204g(f)(2) of this title.

Footnotes

1 So in original. Probably should be “subsection”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1985
Food Security Act of 1985
Pub. L. 99–198 title XVII § 1770 · 99 Stat. 1354
Enacted · 7 U.S.C. § 2276
Pub. L. 99–198, title XVII, § 1770, Dec. 23, 1985, 99 Stat. 1657
Source evidence
Code source credit
Pub. L. 99–198, title XVII, § 1770, Dec. 23, 1985, 99 Stat. 1657
Enacted provision · exact public law section
Sec. 1770. confidentiality of information (a) In the case of information furnished under a provision 7 USC 2276. of law referred to in subsection (d), neither the Secretary of Agriculture, any other officer or employee of the Department of Agriculture or agency thereof, nor any other person may— (1) use such information for a purpose other than the development or reporting of aggregate data in a manner such that the identity of the person who supplied such information is not discernible and is not material to the intended uses of such information; or (2) disclose such information to the public, unless such information has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information. (b) (1) In carrying out a provision of law referred to in subsection (d), no department, agency, officer, or employee of the Federal Government, other than the Secretary of Agriculture, shall require a person to furnish a copy of statistical information provided to the Department of Agriculture. (2) A copy of such information— (A) shall be immune from mandatory disclosure of any type, including legal process; and (B) shall not, without the consent of such person, be admitted Prohibition. as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding. (c) Any person who shall publish, cause to be published, or otherwise publicly release information collected pursuant to a provision of law referred to in subsection (d), in any manner or for any purpose prohibited in section (a), shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both. (d) For purposes of this section, a provision of law referred to in this subsection means— (1) the first section of the Act entitled “An Act authorizing the Secretary of Agriculture to collect and publish statistics of the grade and staple length of cotton”, approved March 3, 1927 (7 U.S.C. 471) (commonly referred to as the “Cotton Statistics and Estimates Act”); (2) the first section of the Act entitled “An Act to provide for the collection and publication of statistics of tobacco by the Department of Agriculture”, approved January 14, 1929 (7 U.S.C. 501); (3) the first section of the Act entitled “An Act to provide for the collection and publication of statistics of peanuts by the Department of Agriculture”, approved June 24, 1936 (7 U.S.C. 951); (4) section 203(g) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(g)); (5) section 526(a) of the Revised Statutes (7 U.S.C. 2204(a)); (6) the Act entitled “An Act providing for the publication of statistics relating to spirits of turpentine and resin”, approved August 15, 1935 (7 U.S.C. 2248); (7) section 42 of title 13, United States Code; (8) section 4 of the Act entitled “An Act to establish the Department of Commerce and Labor”, approved February 14, 1903 (15 U.S.C. 1516); or (9) section 2 of the joint resolution entitled “Joint resolution relating to the publication of economic and social statistics for Americans of Spanish origin or descent”, approved June 16, 1976 (15 U.S.C. 1516a).
1997
Census of Agriculture Act of 1997
Pub. L. 105–113 § 4(a)(2) · 111 Stat. 2274
Added · 7 U.S.C. § 2276(d)(10)
Pub. L. 105–113, § 4(a)(2), added par. (10)
Source evidence
Code amendment note
Subsec. (d)(10). Pub. L. 105–113, § 4(a)(2), added par. (10).
Enacted provision · exact public law section
(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 and inserting or and (C) by adding at the end the following: “(10) section 2 of the Census of Agriculture Act of 1997.”.
1997
Census of Agriculture Act of 1997
Pub. L. 105–113 § 4(b) · 111 Stat. 2274
Added · 7 U.S.C. § 2276(e)
Pub. L. 105–113, § 4(b), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 105–113, § 4(b), added subsec. (e).
Enacted provision · exact public law section
(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.”.
1999
District of Columbia Appropriations Act, 2000
Pub. L. 106–113 div. B § 1000(a)(3)(tIII)(s348) · 113 Stat. 1501
1. Added · 7 U.S.C. § 2276(d)(10); 7 U.S.C. § 2276(d)(11)
  Pub. L. 106–113 added par. (10)
2. Redesignated · 7 U.S.C. § 2276(d)(10); 7 U.S.C. § 2276(d)(11)
  Pub. L. 106–113 redesignated former par. (10) as (11)
Source evidence
Code amendment note
Subsec. (d)(10), (11). Pub. L. 106–113 added par. (10) and redesignated former par. (10) as (11).
2002
Pub. L. 107–171 § 2004(b)(1) · 116 Stat. 134
Added · 7 U.S.C. § 2276(a)(3)
Pub. L. 107–171, § 2004(b)(1), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 107–171, § 2004(b)(1), added par. (3).
Enacted provision · exact public law section
(1) in subsection (a)— (A) in paragraph (1), by striking “or” at the end; (B) in paragraph (2), by striking the period and inserting “; or”; and (C) by adding at the end the following: “(3) in the case of information collected under the authority described in subsection (d)( 12), disclose the information to any person or any Federal, State, local, or tribal agency outside the Department of Agriculture, unless the information has been converted into a statistical or aggregate form that does not allow the identification of the person that supplied particular information.”; and
2002
Pub. L. 107–171 § 2004(b)(2) · 116 Stat. 134
Added · 7 U.S.C. § 2276(d)(12)
Pub. L. 107–171, § 2004(b)(2), added par. (12)
Source evidence
Code amendment note
Subsec. (d)(12). Pub. L. 107–171, § 2004(b)(2), added par. (12).
Enacted provision · exact public law section
(2) in subsection (d)— (A) in paragraph (9), by striking “or” at the end; (B) in paragraph (11), by striking the period and inserting “; or”; and (C) by adding at the end the following: “(12) section 302 of the Rural Development Act of 1972 (7 U.S.C. 1010a) regarding the authority to collect data for the National Resources Inventory.”.
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 10109(d)(1)(A) · 132 Stat. 4490
Inserted · 7 U.S.C. § 2276(a)
Pub. L. 115–334, § 10109(d)(1)(A), inserted heading
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–334, § 10109(d)(1)(A), inserted heading.
Enacted provision · exact public law section
(A) by striking “(a) In the case” and inserting the following: “(a) In General.— In the case” ; and
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 10109(d)(1)(B) · 132 Stat. 4490
Substituted · 7 U.S.C. § 2276(a)(3)
Pub. L. 115–334, § 10109(d)(1)(B), substituted “paragraph (12) or (13) of subsection (d)” for “subsection (d)(12)”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 115–334, § 10109(d)(1)(B), substituted “paragraph (12) or (13) of subsection (d)” for “subsection (d)(12)”.
Enacted provision · exact public law section
(B) in paragraph (3), by striking “subsection (d)(12)” and inserting “paragraph (12) or (13) of subsection (d)”; and
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 10109(d)(2)(A) · 132 Stat. 4490
Inserted · 7 U.S.C. § 2276(d)
Pub. L. 115–334, § 10109(d)(2)(A), inserted heading
Source evidence
Code amendment note
Subsec. (d). Pub. L. 115–334, § 10109(d)(2)(A), inserted heading.
Enacted provision · exact public law section
(A) by striking “(d) For purposes” and inserting the following: “(d) Provisions of Law References.— For purposes” ;
2018
Agriculture Improvement Act of 2018
Pub. L. 115–334 § 10109(d)(2)(B) · 132 Stat. 4490
Added · 7 U.S.C. § 2276(d)(13)
Pub. L. 115–334, § 10109(d)(2)(B)–(D), added par. (13)
Source evidence
Code amendment note
Subsec. (d)(13). Pub. L. 115–334, § 10109(d)(2)(B)–(D), added par. (13).
Enacted provision · exact public law section
(B) in paragraph (11), by striking “or” at the end;

9 of 11 references resolved to an enrolled provision · 2 partial

Editorial Notes

References in Text

Section 10109 of the Agriculture Improvement Act of 2018, referred to in subsec. (d)(13), is section 10109 of Pub. L. 115–334, which relates to a multiple crop and pesticide use survey. Subsecs. (a) to (c) of section 10109 are not classified to the Code. Subsec. (d) of section 10109 amended this section.

Amendments1997–2018 · 4 rounds