IIA

104TH CONGRESS

2D SESSION H. R. 3665

IN THE SENATE OF THE UNITED STATES

JULY 23, 1996

Received

JULY 31, 1996

Read twice and referred to the Committee on Governmental Affairs

AN ACT

To transfer to the Secretary of Agriculture the authority

to conduct the census of agriculture.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Census of Agriculture

3 Act of 1996’’.

4 SEC. 2. TRANSFER TO THE SECRETARY OF AGRICULTURE

5 OF THE AUTHORITY TO CONDUCT THE CEN6 SUS OF AGRICULTURE.

7 (a) IN GENERAL.—Section 526 of the Revised Stat8 utes (7 U.S.C. 2204) is amended by adding at the end

9 the following:

10 ‘‘(c)(1) The Secretary shall, in 1998 and in every 5th

11 year beginning after 1998, take a census of agriculture.

12 In connection with each such census, the Secretary may

13 conduct any survey or other data collection, and employ

14 any sampling or other statistical method, that the Sec15 retary determines is necessary and appropriate.

16 ‘‘(2) The data collected in each census taken under

17 this subsection shall relate to the year immediately preced18 ing the year in which the census is taken.

19 ‘‘(3) Any person who refuses or neglects to answer

20 questions submitted to such person in connection with a

21 census or survey under this subsection, or who answers

22 any such questions falsely, shall be subject to section 221

23 of title 13, United States Code, to the same extent and

24 in the same manner as if—

25 ‘‘(A) section 142 of such title 13 had remained

26 in effect; and
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1 ‘‘(B) the census or survey were a census or sur2 vey under such section 142, rather than under this

3 subsection.

4 The failure or refusal on the part of any person to disclose

5 such person’s social security number in response to a re6 quest made in connection with any census or other activity

7 under this subsection shall not be a violation under the

8 preceding sentence.

9 ‘‘(4) Each census under this subsection shall include

10 each State, and as may be determined by the Secretary,

11 the District of Columbia, the Virgin Islands, Guam, the

12 Commonwealth of the Northern Mariana Islands, and the

13 Commonwealth of Puerto Rico, and any such other posses14 sions and areas over which the United States exercises ju15 risdiction, control, or sovereignty. Inclusion of other areas

16 over which the United States exercises jurisdiction, con17 trol, or sovereignty shall be subject to the concurrence of

18 the Secretary of State.

19 ‘‘(5) The Secretary of Commerce may, upon written

20 request of the Secretary of Agriculture, furnish any infor21 mation collected under title 13, United States Code, which

22 the Secretary of Agriculture considers necessary for the

23 taking of a census or survey under this subsection. Any

24 information so furnished may not be used for any purpose

25 other than the statistical purposes for which it is supplied.
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1 ‘‘(6) The Secretary of Agriculture shall, upon written

2 request of the Secretary of Commerce, furnish any infor3 mation collected in a census taken under this subsection

4 which the Secretary of Commerce considers necessary for

5 the taking of a census or survey under title 13, United

6 States Code. Any information so furnished may not be

7 used for any purpose other than the statistical purposes

8 for which it is supplied.

9 ‘‘(7) Any rules or regulations necessary to carry out

10 this subsection may be prescribed by—

11 ‘‘(A) the Secretary, to the extent that matters

12 within the jurisdiction of the Secretary are involved;

13 and

14 ‘‘(B) the Secretary of Commerce, to the extent

15 that matters within the jurisdiction of the Secretary

16 of Commerce are involved.’’.

17 (b) CONFORMING AMENDMENTS.—Effective October

18 1, 1998—

19 (1) section 142 of title 13, United States Code,

20 and the item relating to section 142 in the table of

21 sections for chapter 5 of such title 13, are repealed;

22 and

23 (2) section 343(a)(11)(F) of the Consolidated

24 Farm and Rural Development Act (7 U.S.C.

25 1991(a)(11)(F)) is amended by inserting ‘‘or section
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1 526(c) of the Revised Statutes (7 U.S.C. 2204(c)),

2 as the case may be,’’ before ‘‘except’’.

3 SEC. 3. PROVISIONS RELATING TO CONFIDENTIALITY OF

4 INFORMATION.

5 (a) INFORMATION FURNISHED TO THE DEPARTMENT

6 OF AGRICULTURE.—

7 (1) AUTHORITY TO FURNISH INFORMATION.—

8 Section 9(a) of title 13, United States Code, is

9 amended by striking ‘‘chapter 10 of this title—’’ and

10 inserting ‘‘chapter 10 of this title or section

11 526(c)(5) of the Revised Statutes—’’.

12 (2) CONFIDENTIALITY OF INFORMATION.—Sec13 tion 1770(d)(5) of the Food Security Act of 1985 (7

14 U.S.C. 2276(d)(5)) is amended to read as follows:

15 ‘‘(5) subsections (a) and (c) of section 526 of

16 the Revised Statutes (7 U.S.C. 2204(a) and (c));’’.

17 (b) INFORMATION FURNISHED TO THE DEPARTMENT

18 OF COMMERCE.—

19 (1) AUTHORITY TO FURNISH INFORMATION.—

20 Section 1770 of the Food Security Act of 1985 is

21 amended by adding at the end the following:

22 ‘‘(e) Nothing in this section shall be considered to

23 prohibit any release of information under section

24 526(c)(6) of the Revised Statutes (7 U.S.C. 2204(c)(6)).’’.
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1 (2) CONFIDENTIALITY OF INFORMATION.—In2 formation furnished under section 526(c)(6) of the

3 Revised Statutes shall, for purposes of sections 9

4 and 214 of title 13, United States Code, be treated

5 as if it were information furnished under the provi6 sions of such title 13.

Passed the House of Representatives July 22, 1996.

Attest: ROBIN H. CARLE,

Clerk.