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 Da-
kota, 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 re-
ferred 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 provi-
sions 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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) CENSUS OF AGRICULTURE.—
‘‘(1) IN
GENERAL.—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 Secretary deter-
mines is necessary and appropriate.
‘‘(2) DATA.—The data collected in each census
taken under this subsection shall relate to the year
immediately preceding the year in which the census
is taken.
‘‘(3) REFUSAL OR NEGLECT TO ANSWER QUES-
TIONS; FALSE ANSWERS.—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 title 13, United States
Code, had remained in effect; and
‘‘(B) the census or survey were a census or
survey under such section 142, rather than
under this subsection.
‘‘(4) GEOGRAPHIC SCOPE.—Each census under
this subsection shall include each State, and as may
be determined by the Secretary, the District of Co-
lumbia, the Virgin Islands, Guam, the Common-
wealth of the Northern Mariana Islands, and the
Commonwealth of Puerto Rico, and any such other
possessions and areas over which the United States
exercises jurisdiction, control, or sovereignty. Inclu-
sion of other areas over which the United States ex-
ercises jurisdiction, control, or sovereignty shall be
subject to the concurrence of the Secretary of State.
‘‘(5)
ACCESS
TO
DATA
COLLECTED
UNDER
TITLE 13.—The Secretary of Commerce may, upon
written request of the Secretary of Agriculture, fur-
nish any information collected under title 13, United
States Code, which the Secretary of Agriculture con-
siders 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 sta-
tistical purposes for which it is supplied.
‘‘(6) ACCESS TO DATA COLLECTED UNDER THIS
SUBSECTION.—The Secretary of Agriculture shall,
upon written request of the Secretary of Commerce,
furnish any information collected in a census taken
under this subsection, which the Secretary of Com-
merce 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) RULES AND REGULATIONS.—Any rules or
regulations necessary to carry out this subsection
may be prescribed by—
‘‘(A) the Secretary, to the extent that mat-
ters 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.’’.
‘‘(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 con-
duct any survey or other data collection, and employ any
sampling or other statistical method, that the Secretary de-
termines is necessary and appropriate.
‘‘(2) The data collected in each census taken under this
subsection shall relate to the year immediately preceding
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
‘‘(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 pre-
ceding 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 juris-
diction, control, or sovereignty. Inclusion of other areas over
which the United States exercises jurisdiction, control, or
sovereignty shall be subject to the concurrence of the Sec-
retary 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 tak-
ing of a census or survey under this subsection. Any infor-
mation so furnished may not be used for any purpose other
than the statistical purposes for which it is supplied.
‘‘(6) The Secretary of Agriculture shall, upon written
request of the Secretary of Commerce, furnish any informa-
tion collected in a census taken under this subsection which
the Secretary of Commerce considers necessary for the tak-
ing of a census or survey under title 13, United States Code.
Any information so furnished may not be used for any pur-
pose other than the statistical purposes for which it is sup-
plied.
‘‘(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
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) CONTINUED CONFIDENTIALITY OF INFOR-
MATION RECEIVED.—Section 1770(d)(5) of the Food
(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)(5) of section 526
of the Revised Statutes (7 U.S.C. 2204);’’.
‘‘(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)).’’.
(2) CONTINUED CONFIDENTIALITY OF INFOR-
MATION RECEIVED.—Information furnished under
(2) CONFIDENTIALITY OF INFORMATION.—Infor-
mation furnished under section 526(c)(6) of the Re-
vised 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 provisions
of such title 13.
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