[Congressional Record Volume 143, Number 142 (Tuesday, October 21, 1997)]
[House]
[Pages H8869-H8870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   CENSUS OF AGRICULTURE ACT OF 1997

  Mr. GOODLATTE. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 2366) to transfer to the Secretary of Agriculture the 
authority to conduct the census of agriculture, and for other purposes.
  The Clerk read as follows:

                               H.R. 2366

       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. 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 Agriculture 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 collected 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 question, which is 
     authorized by the Secretary to be submitted to the person in 
     connection with a census under this section, shall be fined 
     not more than $500.
       (2) Refusal or neglect to answer questions.--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 section, shall be fined not more than $100.
       (3) 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 section shall not be a violation 
     under this subsection.
       (4) Religious information.--Notwithstanding 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 Commerce.--
       (1) Information provided to secretary of agriculture.--On a 
     written request by the Secretary of Agriculture, the 
     Secretary of Commerce may 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 
     section.
       (2) Information provided to secretary of commerce.--On a 
     written request by the Secretary of Commerce, the secretary 
     of Agriculture may provide 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 purpose 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 information provided under paragraph (2) shall be 
     considered 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, United States 
     Code, is amended by striking the subchapter 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 following:


       ``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 amendments made 
     by this section shall take effect October 1, 1998.

     SEC. 4. CONFIDENTIALITY OF INFORMATION.

       (a) Information Provided to 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 2(f) 
     of the Census of Agriculture Act of 1997''.
       (2) Confidentiality of information.--Section 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 paragraph (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 Agriculture Act of 1997.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia [Mr. Goodlatte] and the gentleman from Texas [Mr. Stenholm] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia [Mr. Goodlatte].
  Mr. GOODLATTE. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 2366 is a short bill. It simply transfers the 
authority to conduct the census of agriculture from the Secretary of 
Commerce to the Secretary of Agriculture, and eliminates this authority 
from the Secretary of Commerce as of October 1, 1998. In order to cope 
with the continuing move to streamline and downsize Federal agencies, 
it has become apparent that moving the authority to conduct the census 
of agriculture from the Census Bureau in the Commerce Department to the 
USDA makes sense from both an administrative and cost-effective point 
of view.
  In fact, the fiscal years 1997 and 1998 agriculture appropriations 
bills have already shifted funding for the census of agriculture to the 
USDA rather than the Department of Commerce. By moving the authority to 
conduct the census over to the USDA, it allows the Department of 
Commerce to free up funds otherwise obligated for this census, 
eliminates the need for a specific line item in the Commerce 
Department's appropriation, and locates the census at the agency with 
the biggest interest in information collected from the census, without 
precluding the U.S. Department of Agriculture from working with the 
Commerce Department on actually getting the work done.
  Madam Speaker, I would like to acknowledge the assistance of the 
Department of Agriculture in producing this transfer, and I would also 
like to thank the Committee on Government Reform and Oversight for 
their cooperation in developing this legislation.
  Madam Speaker, I reserve the balance of my time.
  Mr. STENHOLM. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 2366, the Census of Agriculture Act of 1997, is, 
as has been explained, legislation that would shift the authority to 
carry out a census of agriculture from the Commerce Department to the 
Department of Agriculture. Similar legislation, H.R. 3665, passed the 
House last year.
  The interest in shifting the agriculture census from the Commerce 
Department to USDA has occurred because of budget pressures being felt 
by the Census Bureau, and USDA's interest in including the agriculture 
census

[[Page H8870]]

responsibilities with the data collection and dissemination which they 
already carry out. The Secretary of Agriculture has indicated that the 
National Agriculture Statistics Service, which is already responsible 
for gathering statistics in the agriculture arena, will be the agency 
charged with carrying out the agriculture census. I also expect the 
Secretary to utilize the other agencies within the Department who also 
have a field structure.
  Last year's agriculture appropriation bill moved funding for the 
agriculture census from the Commerce Department to the USDA in order to 
ensure that no additional cost burden would be imposed on USDA by 
undertaking this task. Funding has also been included in the fiscal 
year 1998 agriculture appropriation bill.
  As a final step, the Committee on Agriculture and the Committee on 
Government Reform and Oversight have agreed to legislative language 
that provides for the transfer of authority to carry out the 
agriculture census. Staff from both committees worked out language with 
the Census Bureau and USDA, and the result is H.R. 2366, which I 
introduced on July 31.
  I am pleased that 16 of my colleagues have cosponsored the bill, 
which was reported out favorably by the full Committee on Agriculture 
on September 24. I would hope that my colleagues would support this 
effort to streamline reporting requirements on agricultural producers 
while saving the taxpayer several dollars.
  Madam Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. GOODLATTE. Madam Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia [Mr. Goodlatte] that the House suspend the 
rules and pass the bill, H.R. 2366.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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