[Congressional Record Volume 143, Number 76 (Thursday, June 5, 1997)]
[Senate]
[Pages S5357-S5362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 845. A bill to transfer to the Secretary of Agriculture the 
authority to conduct the census of agriculture, and for other purposes; 
to the Committee on Governmental Affairs.


                 the census of agriculture act of 1997

  Mr. LUGAR. Mr. President, today I rise to introduce legislation that 
will transfer the census of agriculture from the Department of Commerce 
to the Department of Agriculture [USDA]. I am pleased that the 
distinguished ranking member of the Agriculture Committee, Senator 
Harkin, as well as Senators McConnell, Santorum, Daschle, Roberts, 
Leahy, Kerrey, Baucus, Landrieu, Cochran, Conrad, Johnson, Craig, and 
Grassley have joined me as cosponsors of this bill.

  In recent years the census of agriculture has been conducted every 5 
years. Agricultural producers nationwide are asked questions regarding 
their production and sales. The census of agriculture is the only 
source of consistent, county level statistics on agricultural 
operations throughout the United States. It also provides national and 
State data. The census of agriculture is useful in monitoring the 
current status of, as well as documenting changes in, the agricultural 
industry. The number of farms, a major piece of data resulting from the 
census, is taken into account in the allocation of funding for several 
USDA programs.

[[Page S5361]]

  Last year Congress provided funds to USDA to allow USDA, in 
cooperation with the Department of Commerce, to conduct the next census 
without any substantive changes in scope, coverage, or timing. This 
transfer of funding necessitates the transfer of the authority.
  Transferring the authority for the census of agriculture to the USDA 
makes common sense. This move would integrate the agricultural 
statistics programs of the two Departments and eliminate duplication. 
USDA states that cost savings will result with one agency given primary 
authority over the content of the census as well as dissemination of 
its results.
  The issue of moving the census surfaced during final conference 
committee deliberations on the 1996 Federal Agricultural Improvement 
and Reform Act. Given the time constraints of that conference, a 
provision to transfer the census of agriculture to USDA was not 
included in the bill. Subsequent legislation was passed by the House, 
but did not receive approval from the Senate before the end of the 
session.
  Last year, the Department of Commerce expressed some interest in 
changing the definition of a farm, which is now defined as sales of 
$1,000 or more per year. While USDA has stated there will be no 
substantive changes with how the upcoming census is carried out, it is 
more logical to provide the authority to set the definition to the 
Department whose programs would be most affected by a change.
  Many agricultural associations and organizations, including the 
American Farm Bureau Federation, support the transfer of the census of 
agriculture to USDA. Last month, USDA proposed legislation which is 
virtually identical to this bill.
  I ask my colleagues for their support of this legislation. I ask 
unanimous consent that the bill and a section-by-section analysis of 
the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 845

       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)).''.
                                  ____


              Ag Census Bill--Section-by-Section Analysis

       Section 1. Short Title. Section 1 would provide that the 
     act may be cited as the ``Census of Agriculture Act of 
     1997.''
       Section 2. Transfer to the Secretary of Agriculture of the 
     Authority To Conduct the Census of Agriculture. Section 2(a) 
     would amend section 526 of the Revised Statutes (7 U.S.C. 
     2204) to require the Secretary of Agriculture to take a 
     census of agriculture in 1998 and every 5th year thereafter. 
     The data collected in each census would relate to the year 
     preceding the year that the census was taken. Any person who 
     refuses to answer or provides false answers to questions in 
     connection with the census would be subject to penalties, 
     except if the refusal is to disclose the person's social 
     security number.
       Section 2(a) also would authorize the Secretaries of 
     Agriculture and Commerce to share information necessary for 
     taking a census. Upon written request by the Secretary of 
     Agriculture, the Secretary of Commerce would be authorized to 
     furnish certain information to be used for statistical 
     purposes. Upon written request by the Secretary of Commerce, 
     the Secretary of Agriculture would be authorized to furnish 
     census information to be used for statistical purposes.
       Section 2(b) would repeal section 142 of title 13, United 
     States Code. Section 142 of title 13, United States Code, 
     requires the Secretary of Commerce to take the census of 
     agriculture. This repeal is a confirming amendment necessary 
     to effectuate the transfer of the authority to conduct the 
     census of agriculture from the Secretary of Commerce to the 
     Secretary of Agriculture. Section 2(b) also would make a 
     conforming amendment to the Consolidated Farm and Rural 
     Development Act to refer to the census of agriculture as 
     under section 526(c) of the Revised Statutes.
       Section 3. Confidentiality of Information. Section 3 would 
     make amendments to ensure

[[Page S5362]]

     the confidentiality of information furnished for the census 
     of agriculture.
                                 ______