I

104TH CONGRESS

2D SESSION H. R. 3665

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

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,

3 SECTION 1. SHORT TITLE.

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

5 Act of 1996’’.
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1 SEC. 2. TRANSFER TO THE SECRETARY OF AGRICULTURE

2 OF THE AUTHORITY TO CONDUCT THE CEN3 SUS OF AGRICULTURE.

4 (a) IN GENERAL.—Section 526 of the Revised Stat5 utes (7 U.S.C. 2204) is amended by adding at the end

6 the following:

7 ‘‘(c) CENSUS OF AGRICULTURE.—

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

9 1998 and in every 5th year beginning after 1998,

10 take a census of agriculture. In connection with each

11 such census, the Secretary may conduct any survey

12 or other data collection, and employ any sampling or

13 other statistical method, that the Secretary deter14 mines is necessary and appropriate.

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

16 taken under this subsection shall relate to the year

17 immediately preceding the year in which the census

18 is taken.

19 ‘‘(3) REFUSAL OR NEGLECT TO ANSWER QUES20 TIONS; FALSE ANSWERS.—Any person who refuses

21 or neglects to answer questions submitted to such

22 person in connection with a census or survey under

23 this subsection, or who answers any such questions

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

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

26 same manner as if—
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1 ‘‘(A) section 142 of title 13, United States

2 Code, had remained in effect; and

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

4 survey under such section 142, rather than

5 under this subsection.

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

7 this subsection shall include each State, and as may

8 be determined by the Secretary, the District of Co9 lumbia, the Virgin Islands, Guam, the Common10 wealth of the Northern Mariana Islands, and the

11 Commonwealth of Puerto Rico, and any such other

12 possessions and areas over which the United States

13 exercises jurisdiction, control, or sovereignty. Inclu14 sion of other areas over which the United States ex15 ercises jurisdiction, control, or sovereignty shall be

16 subject to the concurrence of the Secretary of State.

17 ‘‘(5) ACCESS TO DATA COLLECTED UNDER

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

19 written request of the Secretary of Agriculture, fur20 nish any information collected under title 13, United

21 States Code, which the Secretary of Agriculture con22 siders necessary for the taking of a census or survey

23 under this subsection. Any information so furnished

24 may not be used for any purpose other than the sta25 tistical purposes for which it is supplied.
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1 ‘‘(6) ACCESS TO DATA COLLECTED UNDER THIS

2 SUBSECTION.—The Secretary of Agriculture shall,

3 upon written request of the Secretary of Commerce,

4 furnish any information collected in a census taken

5 under this subsection, which the Secretary of Com6 merce considers necessary for the taking of a census

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

8 information so furnished may not be used for any

9 purpose other than the statistical purposes for which

10 it is supplied.

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

12 regulations necessary to carry out this subsection

13 may be prescribed by—

14 ‘‘(A) the Secretary, to the extent that mat15 ters within the jurisdiction of the Secretary are

16 involved; and

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

18 extent that matters within the jurisdiction of

19 the Secretary of Commerce are involved.’’.

20 (b) CONFORMING AMENDMENTS.—Effective October

21 1, 1998—

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

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

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

25 and
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1 (2) section 343(a)(11)(F) of the Consolidated

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

3 1991(a)(11)(F)) is amended by inserting ‘‘or section

4 526(c) of the Revised Statutes (7 U.S.C. 2204(c)),

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

6 SEC. 3. PROVISIONS RELATING TO CONFIDENTIALITY OF

7 INFORMATION.

8 (a) INFORMATION FURNISHED TO THE DEPARTMENT

9 OF AGRICULTURE.—

10 (1) AUTHORITY TO FURNISH INFORMATION.—

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

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

13 inserting ‘‘chapter 10 of this title or section

14 526(c)(5) of the Revised Statutes—’’.

15 (2) CONTINUED CONFIDENTIALITY OF INFOR16 MATION RECEIVED.—Section 1770(d)(5) of the Food

17 Security Act of 1985 (7 U.S.C. 2276(d)(5)) is

18 amended to read as follows:

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

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

21 (b) INFORMATION FURNISHED TO THE DEPARTMENT

22 OF COMMERCE.—

23 (1) AUTHORITY TO FURNISH INFORMATION.—

24 Section 1770 of the Food Security Act of 1985 is

25 amended by adding at the end the following:
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1 ‘‘(e) Nothing in this section shall be considered to

2 prohibit any release of information under section

3 526(c)(6) of the Revised Statutes (7 U.S.C. 2204(c)(6)).’’.

4 (2) CONTINUED CONFIDENTIALITY OF INFOR5 MATION RECEIVED.—Information furnished under

6 section 526(c)(6) of the Revised Statutes shall, for

7 purposes of sections 9 and 214 of title 13, United

8 States Code, be treated as if it were information fur9 nished under the provisions of such title 13.

Æ