[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 845 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 845

 To transfer to the Secretary of Agriculture the authority to conduct 
           the census of agriculture, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 1997

 Mr. Lugar (for himself, Mr. Harkin, Mr. McConnell, Mr. Santorum, Mr. 
Roberts, Mr. Cochran, Mr. Craig, Mr. Grassley, Mr. Daschle, Mr. Leahy, 
  Mr. Kerrey, Mr. Baucus, Ms. Landrieu, Mr. Johnson, and Mr. Conrad) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 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 Representatives 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. TRANSFER TO THE SECRETARY OF AGRICULTURE OF THE AUTHORITY TO 
              CONDUCT THE CENSUS OF AGRICULTURE.

    (a) In General.--Section 526 of the Revised Statutes (7 U.S.C. 
2204) is amended by adding at the end the following:
    ``(c) Census of Agriculture.--
            ``(1) In general.--In 1998 and every 5th year thereafter, 
        the Secretary of Agriculture shall take a census of 
        agriculture.
            ``(2) Methods.--In connection with the census, the 
        Secretary may conduct any survey or other data collection, and 
        employ any sampling or other statistical method, that the 
        Secretary determines is appropriate.
            ``(3) Year of 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.
            ``(4) Enforcement.--
                    ``(A) Fraud.--A person over 18 years of age who 
                willfully gives an answer that is false to a question 
                submitted to the person in connection with a census 
                under this subsection shall be fined not more than 
                $500.
                    ``(B) Refusal or neglect to answer questions.--A 
                person over 18 years of age who refuses or neglects to 
                answer a question submitted to the person in connection 
                with a census under this subsection shall be fined not 
                more than $100.
                    ``(C) Social security number.--The failure or 
                refusal of a person to disclose the person's social 
                security number in response to a request made in 
                connection with any census or other activity under this 
                subsection shall not be a violation under this 
                paragraph.
                    ``(D) Religious information.--Notwithstanding any 
                other provision of this subsection, 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.
            ``(5) Geographic coverage.--A census under this subsection 
        shall include--
                    ``(A) each of the several States of the United 
                States;
                    ``(B) as determined 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
                    ``(C) 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.
            ``(6) Cooperation with the secretary of commerce.--
                    ``(A) Information provided to the secretary of 
                agriculture.--The Secretary of Commerce may, on a 
                written request by the Secretary of Agriculture, 
                provide to the Secretary of Agriculture any information 
                collected under title 13, United States Code, that the 
                Secretary of Agriculture considers necessary for the 
                taking of a census or survey under this subsection.
                    ``(B) Information provided to the secretary of 
                commerce.--The Secretary of Agriculture may, on a 
                written request by the Secretary of Commerce, provide 
                to the Secretary of Commerce any information collected 
                in a census taken under this subsection that the 
                Secretary of Commerce considers necessary for the 
                taking of a census or survey under title 13, United 
                States Code.
                    ``(C) Confidentiality.--
                            ``(i) In general.--Information obtained 
                        under this paragraph may not be used for any 
                        purpose other than the statistical purposes for 
                        which the information is supplied.
                            ``(ii) Census information.--For purposes of 
                        sections 9 and 214 of title 13, United States 
                        Code, any information provided under 
                        subparagraph (B) shall be considered 
                        information furnished under the provisions of 
                        title 13, United States Code.
            ``(7) Regulations.--A regulation necessary to carry out 
        this subsection may be promulgated by--
                    ``(A) the Secretary of Agriculture, to the extent 
                that a matter under the jurisdiction of the Secretary 
                is involved; and
                    ``(B) the Secretary of Commerce, to the extent that 
                a matter under the jurisdiction of the Secretary of 
                Commerce is involved.''.
    (b) Conforming Amendments.--
            (1)(A) Subchapter II of chapter 5 of title 13, United 
        States Code, is amended by striking the subchapter heading and 
        inserting the following:

       ``SUBCHAPTER II--POPULATION, HOUSING, AND UNEMPLOYMENT''.

            (B) Section 142 of title 13, United States Code, is 
        repealed.
            (C) The analysis of chapter 5 of title 13, United States 
        Code, is amended--
                    (i) by striking the item relating to the heading 
                for subchapter II and inserting the following:

       ``SUBCHAPTER II--POPULATION, HOUSING, AND UNEMPLOYMENT'';

                    (ii) by striking the item relating to section 142; 
                and
                    (iii) by inserting after the item relating to 
                section 161 the following:

        ``163. Authority of other agencies.''.
            (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 
        striking ``taken under section 142 of title 13, United States 
        Code''.

SEC. 3. CONFIDENTIALITY OF INFORMATION.

    (a) Information Provided to the Secretary of Agriculture.--
            (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 
        526(c)(6) of the Revised Statutes (7 U.S.C. 2204(c)(6))''.
            (2) Confidentiality of information.--Section 1770(d) of the 
        Food Security Act of 1985 (7 U.S.C. 2276(d)) is amended by 
        striking paragraph (5) and inserting the following:
            ``(5) subsections (a) and (c) of section 526 of the Revised 
        Statutes (7 U.S.C. 2204);''.
    (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 the Secretary of Commerce.--This 
section shall not prohibit the release of information under section 
526(c)(6) of the Revised Statutes (7 U.S.C. 2204(c)(6)).''.
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