IB

104TH CONGRESS

2D SESSION H. R. 3665

[Report No. 104–653, Part I]

To transfer to the Secretary of Agriculture the authority to conduct the

census of agriculture.

IN THE HOUSE OF REPRESENTATIVES

JUNE 18, 1996

Mr. ROBERTS (for himself, Mr. DE LA GARZA, Mr. EMERSON, Mr. ROSE, Mr.

COMBEST, Mr. STENHOLM, Mr. BOEHNER, Mr. JOHNSON of South Dakota, Mr. BAKER of Louisiana, Mr. HILLIARD, Mr. CALVERT, Mr.

POMEROY, Mr. COOLEY of Oregon, Mr. BISHOP, Mr. LAHOOD, Mr.

BALDACCI, and Mr. WISE) introduced the following bill; which was referred to the Committee on Government Reform and Oversight, and in

addition to the Committee on Agriculture, for a period to be subsequently

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

JUNE 27, 1996

Additional sponsors: Mr. MINGE and Mr. FARR of California

Reported from the Committee on Agriculture with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

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,
2

•HR 3665 RH

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) CENSUS OF AGRICULTURE.—

11 ‘‘(1) IN GENERAL.—The Secretary shall, in

12 1998 and in every 5th year beginning after 1998,

13 take a census of agriculture. In connection with each

14 such census, the Secretary may conduct any survey

15 or other data collection, and employ any sampling or

16 other statistical method, that the Secretary deter17 mines is necessary and appropriate.

18 ‘‘(2) DATA.—The data collected in each census

19 taken under this subsection shall relate to the year

20 immediately preceding the year in which the census

21 is taken.

22 ‘‘(3) REFUSAL OR NEGLECT TO ANSWER QUES23 TIONS; FALSE ANSWERS.—Any person who refuses

24 or neglects to answer questions submitted to such

25 person in connection with a census or survey under

26 this subsection, or who answers any such questions
3

•HR 3665 RH

1 falsely, shall be subject to section 221 of title 13,

2 United States Code, to the same extent and in the

3 same manner as if—

4 ‘‘(A) section 142 of title 13, United States

5 Code, had remained in effect; and

6 ‘‘(B) the census or survey were a census or

7 survey under such section 142, rather than

8 under this subsection.

9 ‘‘(4) GEOGRAPHIC SCOPE.—Each census under

10 this subsection shall include each State, and as may

11 be determined by the Secretary, the District of Co12 lumbia, the Virgin Islands, Guam, the Common13 wealth of the Northern Mariana Islands, and the

14 Commonwealth of Puerto Rico, and any such other

15 possessions and areas over which the United States

16 exercises jurisdiction, control, or sovereignty. Inclu17 sion of other areas over which the United States ex18 ercises jurisdiction, control, or sovereignty shall be

19 subject to the concurrence of the Secretary of State.

20 ‘‘(5) ACCESS TO DATA COLLECTED UNDER

21 TITLE 13.—The Secretary of Commerce may, upon

22 written request of the Secretary of Agriculture, fur23 nish any information collected under title 13, United

24 States Code, which the Secretary of Agriculture con25 siders necessary for the taking of a census or survey
4

•HR 3665 RH

1 under this subsection. Any information so furnished

2 may not be used for any purpose other than the sta3 tistical purposes for which it is supplied.

4 ‘‘(6) ACCESS TO DATA COLLECTED UNDER THIS

5 SUBSECTION.—The Secretary of Agriculture shall,

6 upon written request of the Secretary of Commerce,

7 furnish any information collected in a census taken

8 under this subsection, which the Secretary of Com9 merce considers necessary for the taking of a census

10 or survey under title 13, United States Code. Any

11 information so furnished may not be used for any

12 purpose other than the statistical purposes for which

13 it is supplied.

14 ‘‘(7) RULES AND REGULATIONS.—Any rules or

15 regulations necessary to carry out this subsection

16 may be prescribed by—

17 ‘‘(A) the Secretary, to the extent that mat18 ters within the jurisdiction of the Secretary are

19 involved; and

20 ‘‘(B) the Secretary of Commerce, to the

21 extent that matters within the jurisdiction of

22 the Secretary of Commerce are involved.’’.

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

24 year beginning after 1998, take a census of agriculture. In

25 connection with each such census, the Secretary may con-
5

•HR 3665 RH

1 duct any survey or other data collection, and employ any

2 sampling or other statistical method, that the Secretary de3 termines is necessary and appropriate.

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

5 subsection shall relate to the year immediately preceding

6 the year in which the census is taken.

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

8 questions submitted to such person in connection with a

9 census or survey under this subsection, or who answers any

10 such questions falsely, shall be subject to section 221 of title

11 13, United States Code, to the same extent and in the same

12 manner as if—

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

14 in effect; and

15 ‘‘(B) the census or survey were a census or sur16 vey under such section 142, rather than under this

17 subsection.

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

19 such person’s social security number in response to a re20 quest made in connection with any census or other activity

21 under this subsection shall not be a violation under the pre22 ceding sentence.

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

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

25 the District of Columbia, the Virgin Islands, Guam, the
6

•HR 3665 RH

1 Commonwealth of the Northern Mariana Islands, and the

2 Commonwealth of Puerto Rico, and any such other posses3 sions and areas over which the United States exercises juris4 diction, control, or sovereignty. Inclusion of other areas over

5 which the United States exercises jurisdiction, control, or

6 sovereignty shall be subject to the concurrence of the Sec7 retary of State.

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

9 request of the Secretary of Agriculture, furnish any infor10 mation collected under title 13, United States Code, which

11 the Secretary of Agriculture considers necessary for the tak12 ing of a census or survey under this subsection. Any infor13 mation so furnished may not be used for any purpose other

14 than the statistical purposes for which it is supplied.

15 ‘‘(6) The Secretary of Agriculture shall, upon written

16 request of the Secretary of Commerce, furnish any informa17 tion collected in a census taken under this subsection which

18 the Secretary of Commerce considers necessary for the tak19 ing of a census or survey under title 13, United States Code.

20 Any information so furnished may not be used for any pur21 pose other than the statistical purposes for which it is sup22 plied.

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

24 this subsection may be prescribed by—
7

•HR 3665 RH

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

2 within the jurisdiction of the Secretary are involved;

3 and

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

5 that matters within the jurisdiction of the Secretary

6 of Commerce are involved.’’.

7 (b) CONFORMING AMENDMENTS.—Effective October

8 1, 1998—

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

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

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

12 and

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

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

15 1991(a)(11)(F)) is amended by inserting ‘‘or section

16 526(c) of the Revised Statutes (7 U.S.C. 2204(c)),

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

18 SEC. 3. PROVISIONS RELATING TO CONFIDENTIALITY OF

19 INFORMATION.

20 (a) INFORMATION FURNISHED TO THE DEPARTMENT

21 OF AGRICULTURE.—

22 (1) AUTHORITY TO FURNISH INFORMATION.—

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

24 amended by striking ‘‘chapter 10 of this title—’’ and
8

•HR 3665 RH

1 inserting ‘‘chapter 10 of this title or section

2 526(c)(5) of the Revised Statutes—’’.

3 (2) CONTINUED CONFIDENTIALITY OF INFOR4 MATION RECEIVED.—Section 1770(d)(5) of the Food

5 (2) CONFIDENTIALITY OF INFORMATION.—Sec6 tion 1770(d)(5) of the Food Security Act of 1985 (7

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

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

9 of the Revised Statutes (7 U.S.C. 2204);’’.

10 ‘‘(5) subsections (a) and (c) of section 526 of the

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

12 (b) INFORMATION FURNISHED TO THE DEPARTMENT

13 OF COMMERCE.—

14 (1) AUTHORITY TO FURNISH INFORMATION.—

15 Section 1770 of the Food Security Act of 1985 is

16 amended by adding at the end the following:

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

18 prohibit any release of information under section

19 526(c)(6) of the Revised Statutes (7 U.S.C. 2204(c)(6)).’’.

20 (2) CONTINUED CONFIDENTIALITY OF INFOR21 MATION RECEIVED.—Information furnished under

22 (2) CONFIDENTIALITY OF INFORMATION.—Infor23 mation furnished under section 526(c)(6) of the Re24 vised Statutes shall, for purposes of sections 9 and

25 214 of title 13, United States Code, be treated as
9

•HR 3665 RH

1 if it were information furnished under the provisions

2 of such title 13.

Æ