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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Census of Agriculture
Act of 1996’’.
SEC. 2. TRANSFER TO THE SECRETARY OF AGRICULTURE
OF THE AUTHORITY TO CONDUCT THE CEN-
SUS OF AGRICULTURE.
(a) IN GENERAL.—Section 526 of the Revised Stat-
utes (7 U.S.C. 2204) is amended by adding at the end
the following:
‘‘(c)(1) The Secretary shall, in 1998 and in every 5th
year beginning after 1998, take a census of agriculture.
In connection with each such census, the Secretary may
conduct any survey or other data collection, and employ
any sampling or other statistical method, that the Sec-
retary determines is necessary and appropriate.
‘‘(2) The data collected in each census taken under
this subsection shall relate to the year immediately preced-
ing the year in which the census is taken.
‘‘(3) Any person who refuses or neglects to answer
questions submitted to such person in connection with a
census or survey under this subsection, or who answers
any such questions falsely, shall be subject to section 221
of title 13, United States Code, to the same extent and
in the same manner as if—
‘‘(A) section 142 of such title 13 had remained
in effect; and
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‘‘(B) the census or survey were a census or sur-
vey under such section 142, rather than under this
subsection.
The failure or refusal on the part of any person to disclose
such person’s social security number in response to a re-
quest made in connection with any census or other activity
under this subsection shall not be a violation under the
preceding sentence.
‘‘(4) Each census under this subsection shall include
each State, and as may be determined by the Secretary,
the District of Columbia, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and the
Commonwealth of Puerto Rico, and any such other posses-
sions and areas over which the United States exercises ju-
risdiction, control, or sovereignty. Inclusion of other areas
over which the United States exercises jurisdiction, con-
trol, or sovereignty shall be subject to the concurrence of
the Secretary of State.
‘‘(5) The Secretary of Commerce may, upon written
request of the Secretary of Agriculture, furnish any infor-
mation collected under title 13, United States Code, which
the Secretary of Agriculture considers necessary for the
taking of a census or survey under this subsection. Any
information so furnished may not be used for any purpose
other than the statistical purposes for which it is supplied.
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‘‘(6) The Secretary of Agriculture shall, upon written
request of the Secretary of Commerce, furnish any infor-
mation collected in a census taken under this subsection
which the Secretary of Commerce considers necessary for
the taking of a census or survey under title 13, United
States Code. Any information so furnished may not be
used for any purpose other than the statistical purposes
for which it is supplied.
‘‘(7) Any rules or regulations necessary to carry out
this subsection may be prescribed by—
‘‘(A) the Secretary, to the extent that matters
within the jurisdiction of the Secretary are involved;
and
‘‘(B) the Secretary of Commerce, to the extent
that matters within the jurisdiction of the Secretary
of Commerce are involved.’’.
(b) CONFORMING AMENDMENTS.—Effective October
1, 1998—
(1) section 142 of title 13, United States Code,
and the item relating to section 142 in the table of
sections for chapter 5 of such title 13, are repealed;
and
(2) section 343(a)(11)(F) of the Consolidated
Farm and Rural Development Act (7 U.S.C.
1991(a)(11)(F)) is amended by inserting ‘‘or section
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526(c) of the Revised Statutes (7 U.S.C. 2204(c)),
as the case may be,’’ before ‘‘except’’.
SEC. 3. PROVISIONS RELATING TO CONFIDENTIALITY OF
INFORMATION.
(a) INFORMATION FURNISHED TO THE DEPARTMENT
OF AGRICULTURE.—
(1) AUTHORITY TO FURNISH INFORMATION.—
Section 9(a) of title 13, United States Code, is
amended by striking ‘‘chapter 10 of this title—’’ and
inserting ‘‘chapter 10 of this title or section
526(c)(5) of the Revised Statutes—’’.
(2) CONFIDENTIALITY OF INFORMATION.—Sec-
tion 1770(d)(5) of the Food Security Act of 1985 (7
U.S.C. 2276(d)(5)) is amended to read as follows:
‘‘(5) subsections (a) and (c) of section 526 of
the Revised Statutes (7 U.S.C. 2204(a) and (c));’’.
(b) INFORMATION FURNISHED TO THE DEPARTMENT
OF COMMERCE.—
(1) AUTHORITY TO FURNISH INFORMATION.—
Section 1770 of the Food Security Act of 1985 is
amended by adding at the end the following:
‘‘(e) Nothing in this section shall be considered to
prohibit any release of information under section
526(c)(6) of the Revised Statutes (7 U.S.C. 2204(c)(6)).’’.
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(2) CONFIDENTIALITY OF INFORMATION.—In-
formation furnished under section 526(c)(6) of the
Revised Statutes shall, for purposes of sections 9
and 214 of title 13, United States Code, be treated
as if it were information furnished under the provi-
sions of such title 13.
Passed the House of Representatives July 22, 1996.
Attest:
ROBIN H. CARLE,
Clerk.