[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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