II
Calendar No. 276
105TH CONGRESS
1ST SESSION
H. R. 2366
[Report No. 105–141]
IN THE SENATE OF THE UNITED STATES
OCTOBER 22, 1997
Received; read twice and referred to the Committee on Governmental Affairs
NOVEMBER 7, 1997
Reported by Mr. THOMPSON, without amendment
AN ACT
To transfer to the Secretary of Agriculture the authority
to conduct the census of agriculture, and for other purposes.
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 1997’’.
SEC. 2. AUTHORITY OF SECRETARY OF AGRICULTURE TO
CONDUCT CENSUS OF AGRICULTURE.
(a) CENSUS OF AGRICULTURE REQUIRED.—In 1998
and every fifth year thereafter, the Secretary of Agri-
culture shall take a census of agriculture.
(b) METHODS.—In connection with the census, the
Secretary may conduct any survey or other information
collection, and employ any sampling or other statistical
method, that the Secretary determines is appropriate.
(c) YEAR OF INFORMATION.—The information col-
lected in each census taken under this section shall relate
to the year immediately preceding the year in which the
census is taken.
(d) ENFORCEMENT.—
(1) FRAUD.—A person over 18 years of age
who willfully gives an answer that is false to a ques-
tion, which is authorized by the Secretary to be sub-
mitted to the person in connection with a census
under this section, shall be fined not more than
$500.
(2) REFUSAL OR NEGLECT TO ANSWER QUES-
TIONS.—A person over 18 years of age who refuses
or willfully neglects to answer a question, which is
authorized by the Secretary to be submitted to the
person in connection with a census under this sec-
tion, shall be fined not more than $100.
(3) SOCIAL SECURITY NUMBER.—The failure or
refusal of a person to disclose the person’s social se-
curity number in response to a request made in con-
nection with any census or other activity under this
section shall not be a violation under this subsection.
(4) RELIGIOUS
INFORMATION.—Notwithstand-
ing any other provision of this section, no person
shall be compelled to disclose information relative to
the religious beliefs of the person or to membership
of the person in a religious body.
(e) GEOGRAPHIC COVERAGE.—A census under this
section shall include—
(1) each of the several States of the United
States;
(2) as determined appropriate by the Secretary,
the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the United States Virgin Islands,
and Guam; and
(3) with the concurrence of the Secretary and
the Secretary of State, any other possession or area
over which the United States exercises jurisdiction,
control, or sovereignty.
(f) COOPERATION
WITH
SECRETARY
OF
COM-
MERCE.—
(1) INFORMATION PROVIDED TO SECRETARY OF
AGRICULTURE.—On a written request by the Sec-
retary of Agriculture, the Secretary of Commerce
may provide to the Secretary of Agriculture any in-
formation collected under title 13, United States
Code, that the Secretary of Agriculture considers
necessary for the taking of a census or survey under
this section.
(2) INFORMATION PROVIDED TO SECRETARY OF
COMMERCE.—On a written request by the Secretary
of Commerce, the Secretary of Agriculture may pro-
vide to the Secretary of Commerce any information
collected in a census taken under this section that
the Secretary of Commerce considers necessary for
the taking of a census or survey under title 13,
United States Code.
(3) CONFIDENTIALITY.—Information obtained
under this subsection may not be used for any pur-
pose other than the statistical purposes for which
the information is supplied. For purposes of sections
9 and 214 of title 13, United States Code, any infor-
mation provided under paragraph (2) shall be con-
sidered information furnished under the provisions
of title 13, United States Code.
(g) REGULATIONS.—A regulation necessary to carry
out this section may be promulgated by—
(1) the Secretary of Agriculture, to the extent
that a matter under the jurisdiction of the Secretary
is involved; and
(2) the Secretary of Commerce, to the extent
that a matter under the jurisdiction of the Secretary
of Commerce is involved.’’.
SEC. 3. REPEAL OF SUPERSEDED PROVISION.
(a) REPEAL.—Section 142 of title 13, United States
Code, is repealed.
(b) CLERICAL AMENDMENTS.—
(1) Subchapter II of chapter 5 of title 13, Unit-
ed States Code, is amended by striking the sub-
chapter heading and inserting the following:
‘‘SUBCHAPTER II—POPULATION, HOUSING, AND
UNEMPLOYMENT’’.
(2) The analysis of chapter 5 of title 13, United
States Code, is amended—
(A) by striking the item relating to section
142; and
(B) by striking the item relating to the
heading for subchapter II and inserting the fol-
lowing:
‘‘SUBCHAPTER II—POPULATION, HOUSING, AND
UNEMPLOYMENT’’.
(c) CROSS REFERENCE.—Section 343(a)(11)(F) of
the Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a)(11)(F)) is amended by striking ‘‘taken
under section 142 of title 13, United States Code’’.
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect October 1,
1998.
SEC. 4. CONFIDENTIALITY OF INFORMATION.
(a) INFORMATION PROVIDED TO SECRETARY OF AG-
RICULTURE.—
(1) AUTHORITY TO PROVIDE INFORMATION.—
Section 9(a) of title 13, United States Code, is
amended by inserting after ‘‘chapter 10 of this title’’
the following: ‘‘or section 2(f) of the Census of Agri-
culture Act of 1997’’.
(2) CONFIDENTIALITY OF INFORMATION.—Sec-
tion 1770(d) of the Food Security Act of 1985 (7
U.S.C. 2276(d)) is amended—
(A) by striking ‘‘or’’ at the end of para-
graph (8);
(B) by striking the period at the end of
paragraph (9) and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(10) section 2 of the Census of Agriculture
Act of 1997.’’.
(b) INFORMATION PROVIDED TO THE SECRETARY OF
COMMERCE.—Section 1770 of the Food Security Act of
1985 (7 U.S.C. 2276) is amended by adding at the end
the following:
‘‘(e) INFORMATION PROVIDED
TO SECRETARY
OF
COMMERCE.—This section shall not prohibit the release
of information under section 2(f)(2) of the Census of Agri-
culture Act of 1997.’’.
Passed the House of Representatives October 21,
1997.
Attest:
ROBIN H. CARLE,
Clerk.