[House Report 104-653]
[From the U.S. Government Publishing Office]
104th Congress Rept. 104-653
HOUSE OF REPRESENTATIVES
2d Session Part 1
_______________________________________________________________________
CENSUS OF AGRICULTURE ACT OF 1996
_______
June 27, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Roberts, from the Committee on Agriculture, submitted the following
R E P O R T
[To accompany H.R. 3665]
[Including cost estimate of the Congressional Budget Office]
The Committee on Agriculture, to whom was referred the bill
(H.R. 3665) to transfer to the Secretary of Agriculture the
authority to conduct the census of agriculture, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
The amendments (stated in terms of the page and line numbers
of the introduced bill) are as follows:
Page 2, strike line 7 and all that follows thereafter through
page 3, line 5, and insert the following:
``(c)(1) The Secretary shall, in 1998 and in every 5th year
beginning after 1998, take a census of agriculture. In
connection with each such census, the Secretary may conduct any
survey or other data collection, and employ any sampling or
other statistical method, that the Secretary determines is
necessary and appropriate.
``(2) 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.
``(3) Any person who refuses or neglects to answer questions
submitted to such person in connection with a census or survey
under this subsection, or who answers any such questions
falsely, shall be subject to section 221 of title 13, United
States Code, to the same extent and in the same manner as if--
``(A) section 142 of such title 13 had remained in
effect; and
``(B) the census or survey were a census or survey
under such section 142, rather than under this
subsection.
Page 3, after line 5, insert the following:
The failure or refusal on the part of any person to disclose
such 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 the preceding
sentence.
Page 3, strike line 6 and all that follows thereafter through
page 4, line 19, and insert the following:
``(4) Each census under this subsection shall include each
State, and as may be determined by the Secretary, the District
of Columbia, the Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, and the Commonwealth of Puerto Rico,
and any such other possessions and areas over which the United
States exercises jurisdiction, control, or sovereignty.
Inclusion of other areas over which the United States exercises
jurisdiction, control, or sovereignty shall be subject to the
concurrence of the Secretary of State.
``(5) The Secretary of Commerce may, upon written request of
the Secretary of Agriculture, furnish any information collected
under title 13, United States Code, which the Secretary of
Agriculture considers necessary for the taking of a census or
survey under this subsection. Any information so furnished may
not be used for any purpose other than the statistical purposes
for which it is supplied.
``(6) The Secretary of Agriculture shall, upon written
request of the Secretary of Commerce, furnish any information
collected in a census taken under this subsection which the
Secretary of Commerce considers necessary for the taking of a
census or survey under title 13, United States Code. Any
information so furnished may not be used for any purpose other
than the statistical purposes for which it is supplied.
``(7) Any rules or regulations necessary to carry out this
subsection may be prescribed by--
``(A) the Secretary, to the extent that matters
within the jurisdiction of the Secretary are involved;
and
``(B) the Secretary of Commerce, to the extent that
matters within the jurisdiction of the Secretary of
Commerce are involved.''.
Page 5, strike lines 15 and 16 and insert the following:
(2) Confidentiality of information.--Section
1770(d)(5) of the Food
Page 5, strike lines 19 and 20 and insert the following:
``(5) subsections (a) and (c) of section 526 of the
Revised Statutes (7 U.S.C. 2204(a) and (c));''.
Page 6, strike lines 4 and 5 and insert the following:
(2) Confidentiality of information.--Information
furnished under
Brief Explanation
H.R. 3665, the Census of Agriculture Act of 1996, transfers
the authority to conduct the Census of Agriculture to the
Secretary of Agriculture from the Secretary of Commerce.
Purpose and Need
Every five years since 1982 a Census of Agriculture has
been conducted. Prior to 1982, there was a census taken every
five years from 1954 to 1974, and in 1978. Census data
collected from the Census of Agriculture provides the only
source of consistent, county-level statistics on agricultural
operations throughout the United States.
The census data is used to prepare estimates of farm income
and productions costs, evaluate agricultural programs and
policies, to administer farm programs, and plan for operations
during disease or pest emergencies. The Farm Credit
Administration uses the data to evaluate farmer loan programs.
The census is further intended to assist Congress in
considering legislative proposals and overseeing farm programs.
Data collected from the Census of Agriculture is also used
by state and local governments and farm organizations to
analyze and develop policies on land use, water use and
irrigation, rural development, and farmland assessment. Rural
electric companies use statistics to forecast future energy
needs.
Over the past few years, it has become increasingly
difficult for the Census Bureau to continue to be the lead
agency for the Census of Agriculture because of budgetary
constraints. Accordingly, both this Committee, as well as the
Committee on Government Reform and Oversight, have determined
that transferring the authority to conduct the Census of
Agriculture to the Secretary of Agriculture would be in the
best interests of all parties.
Additionally, H.R. 3603 (the fiscal year 1997 agricultural
appropriations bill) as passed by the House provides funding to
the U.S. Department of Agriculture, rather than the Department
of Commerce, for conducting the Census of Agriculture, thus
necessitating the transfer of authority in this bill by this
Committee.
Section-by-Section Analysis
section 1
Section 1 provides that the short title of the bill is the
``Census of Agriculture Act of 1996''.
Section 2
Section 2 transfers the authority to conduct the Census of
Agriculture to the Secretary of Agriculture from the Secretary
of Commerce. This section requires that the Census of
Agriculture shall be taken in 1998 and in every fifth year
beginning after 1998 and the data will relate to the preceding
year. This section authorizes the Secretary of Agriculture to
conduct any related surveys and other data collections that the
Secretary determines to be necessary and appropriate. The
Committee intends that the Secretary will conduct surveys of
irrigation and horticulture specialties in connection with the
Census of Agriculture taken in 1998, provided sufficient
funding is appropriated for such purposes.
Individuals, when requested by the Secretary of
Agriculture, are required to answer questions on the Census of
Agriculture questionnaire. Individuals who refuse or neglect to
answer Census of Agriculture the questionnaire or survey
questions, or who willfully provide false answers to such
questions, are subject to the penalties provided in Section 221
of Title 13, United States Code. An individual's failure or
refusal to disclose such person's social security number in
response to a request made by the Secretary of Agriculture in
connection with the Census of Agriculture does not constitute a
violation of this section.
This section requires that the Census of Agriculture
include each State, and as may be determined by the Secretary,
the District of Columbia, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and the
Commonwealth of Puerto Rico, and any such other possessions and
areas over which the United States exercises jurisdiction,
control, or sovereignty. Other areas under the jurisdiction,
control or sovereignty of the United States may be included
with the consent of the Secretary of State. The Committee
intends that the Census of Agriculture taken in 1998 will
include those areas included in the Census of Agriculture taken
in 1993 and the Commonwealth of the Northern Mariana Islands,
provided sufficient funding is appropriated for such purposes.
This section also provides that the Secretary of Commerce
may grant the Secretary of Agriculture access to information
collected in connection with Title 13 censuses or surveys that
are considered necessary for the taking of a Census of
Agriculture. For example, censuses of manufacturers may
identify agricultural producers that have been misclassified as
food ``processors,'' and annual company organization surveys
may find that business acquisitions have caused non-
agricultural businesses to become agricultural producers. The
Census Bureau's Agricultural and Financial Statistics Division
has routinely received and used such other census and survey
information to assure Census of Agriculture completeness and
accuracy, and the Secretary of Agriculture would have access to
this information to be used solely for statistical purposes in
connection with the Census of Agriculture.
All data provided to the Secretary of Agriculture by the
Department of Commerce is strictly confidential in accordance
with section 1770 of the Food Security Act of 1985, as amended
by this bill, which provides that this information may not be
used for other than statistical purposes, may not be disclosed
to the public unless such information has been transformed into
statistical or aggregate form that does not allow the
identification of the source of particular information, and is
immune from mandatory disclosure of any kind, including legal
processes.
The Secretary of Commerce shall have access to Census of
Agriculture information collected by the Secretary of
Agriculture to take and complete Title 13 statistical programs,
including calculations, publications, and research of economic
data that include the agriculture sector. Finally, this section
would repeal the authority of section 142 of Title 13, United
States Code, effective October 1, 1998. This will assure the
coordination and smooth transition of preparations for the 1997
Census of Agriculture.
section 3
Section 3 of the bill includes Census of Agriculture data
collected by the Secretary of Agriculture under the
confidentially requirements of section 1770 of the Food
Security Act of 1985 and a conforming amendment to Title 13,
United States Code. Consistent with this section, the data
collected for the Census of Agriculture could only be used for
developing aggregate statistical data. This section prohibits
the disclosure or public release of any respondent's data
except in aggregate form, and the use of any respondent's data
for any other than exclusively statistical purposes.
The Committee intends that the Secretary of Agriculture
will utilize the National Agricultural Statistics Service
(NASS) in the implementation of this legislation to ensure that
the data collected for the Census of Agriculture is used only
for the purposes of prepared aggregate data consistent with the
requirements of section 1770 of the Food Security Act of 1985,
as amended by this bill. Further, the Committee intends that no
one, including the Secretary of Agriculture, will have access
to individually identifiable data collected in connection with
the Census of Agriculture, unless it is for the sole purpose of
preparing aggregate data. Such data may not be used, disclosed,
or compiled for any other purpose.
Committee Consideration
The Committee on Agriculture met, pursuant to notice and
with a quorum present, on June 19, 1996 to consider H.R. 3665
and other pending business. Chairman Roberts provided a brief
explanation H.R. 3665, and opened consideration of the bill to
amendments.
Mr. Volkmer offered an amendment to provide that a person's
failure to disclose such person's social security number in
connection with the Census on Agriculture would not be a
violation of the penalty provisions. Chairman Roberts
acknowledged support for Mr. Volkmer's amendment, and upon the
Chairman's motion, the amendment was agreed to by voice vote:
Mr. Gunderson then made a motion that the bill be favorably
reported to the House, which was agreed to by a voice vote of
the Committee.
The Committee then proceeded to other items of business.
Reporting the Bill--Rollcall Votes
In accordance with clause 2(l)(2) of rule XI of the House
of Representatives, the bill was reported, as amended, with a
quorum actually present by a voice vote. There was no motion or
request for a recorded vote.
Budget Act Compliance (Section 308 and Section 403)
The provisions of clause 2(l)(3)(B) of rule XI of the Rules
of the House of Representatives and section 308(a) of the
Congressional Budget Act of 1974 (relating to estimates of new
budget authority, new spending authority, or new credit
authority, or increased or decreased revenues or tax
expenditures) are not considered applicable. The estimate and
comparison required to be prepared by the Director of the
Congressional Budget Office under clause 2(l)(C)(3) of rule XI
of the Rules of the House of Representatives and section 403 of
the Congressional Budget Act of 1974 submitted to the Committee
prior to the filing of this report are as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 27, 1996.
Hon. Pat Roberts,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 3665, a bill to transfer to the Secretary of
Agriculture the authority to conduct the census of agriculture,
as ordered reported by the House Committee on Agriculture on
June 19, 1996. CBO estimates that enacting H.R. 3665 would have
no significant budgetary impact. The bill would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
In addition, H.R. 3665 contains no intergovernmental or
private-sector mandates as defined in Public Law 104-4 and
would have no impact on the budgets of state, local, or tribal
governments.
The census of agriculture is a periodic census providing
comprehensive data on the agricultural economy, such as the
number, value, and size of farms, the value of production, and
characteristics of farms and farm operators. The bill would
require the Secretary of Agriculture to conduct a census of
agriculture in 1998 and in every fifth year thereafter, and
would provide for facilitating changes, such as the sharing of
information between the Secretary of Commerce and the Secretary
of Agriculture.
In anticipation of this transfer, the Administration has
replaced a request for appropriations to the Census Bureau with
one for the U.S. Department of Agriculture (USDA). For this
purpose, the President requested $17.5 million in 1997
appropriations for the National Agricultural Statistics Service
(NASS). H.R. 3603, the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Bill,
1997, as passed by the House of Representatives, included $17.5
million to support the transfer of the census of agriculture as
requested. The 1996 appropriation for the agriculture census
was $10.2 million. The proposed level of $17.5 million reflects
the need to prepare for the 1998 census, and does not represent
any significant costs for the transfer to USDA.
The Administration anticipates transferring most, if not
all of the agriculture census staff from the Commerce
Department's Census Bureau to NASS in USDA. The Commerce
Department's budget justification for its 1997 requests shows
an estimated 117 staff positions for the census of agriculture
in fiscal year 1996, while the USDA budget justification
requested 114 staff years in NASS for the new census activity
anticipated for 1977. While the bill would not transfer all
activities, the Census Bureau might provide some services to
NASS on a reimbursable basis. On balance, CBO estimates that
the net budgetary impact of the change would not be
significant. Some short-term transition costs may be incurred,
but they are likely to be small. Potential increases and
decreases in costs are outlined below.
Potential Costs.--When Census Bureau employees are
transferred to USDA, several types of moving expenses may be
incurred. For example, if USDA does not have enough space to
accommodate the new employees, the agency may need to lease new
space, while at the Census Bureau, the decline in staff may not
be enough to allow the bureau to reduce lease expenses. NASS
officials anticipate that only a few Census Bureau staff would
change location before the lease on the current bureau location
expires in fiscal year 1998. NASS officials believe that, by
then, space may be available in USDA buildings to handle the
augmented staff. Also, some costs may depend on whether
existing computers can be used in their current location, or
whether new ones are needed. Moving computer facilities or
buying new ones can constitute a significant expense. NASS
officials expect to contract with the bureau to provide
computer and data processing services, at least for the 1998
census, thus avoiding any significant near-term costs.
Potential Savings.--On the other hand, some efficiencies
may be gained if personnel and background information used in
the NASS crop surveys are used to develop and maintain the
census mailing lists. Dealing with similar populations could
enable NASS to complete the surveys and census with a smaller
work force in the future. CBO does not have sufficient
information to estimate the amount of such savings, if any.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Dave Hull
and Rachell Forward.
Sincerely,
June E. O'Neill, Director.
Inflationary Impact Statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that
enactment of H.R. 3665, as amended, will have no inflationary
impact on the national economy.
Oversight Statement
No summary of oversight findings and recommendations made
by the Committee on Government Reform and Oversight under
clause 2(l)(3)(D) of Rule XI of the Rules of the House of
Representatives was available to the Committee with reference
to the subject matter specifically addressed by H.R. 3665, as
amended.
No specific oversight activities other than the hearings
detailed in this report were conducted by the Committee within
the definition of clause 2(b)(1) of Rule X of the Rules of the
House of Representatives.
House of Representatives,
Committee on Government Reform and Oversight,
Washington, DC, June 19, 1996.
Hon. Pat Roberts,
Chairman, Committee on Agriculture,
Washington, DC.
Dear Mr. Chairman: On Wednesday, June 19, 1996, the
Committee on Agriculture ordered H.R. 3665 to be favorably
reported to the full House. H.R. 3665 authorizes the Secretary
of Agriculture to conduct the census of agriculture and
eliminates this authority from the Secretary of Commerce as of
October 1, 1998.
H.R. 3665, which was introduced by you and other
Agriculture Committee Members on Tuesday, June 18, 1996, was
referred to the Committee on Government Reform and Oversight,
with an additional referral to the Committee on Agriculture.
We understand that our staffs along with both the
Department of Agriculture and Commerce, have worked with
members of your staff in putting together the specific language
of H.R. 3665.
In the interest of time, this Committee has no objection to
expediting consideration of H.R. 3665 by the full House without
consideration by this Committee or its Subcommittee on National
Security, International Affairs, and Criminal Justice. However,
our waiver on consideration of H.R. 3665 should not be
considered as precedent for any future referrals of similar
measures relating to census activities, including the census on
agriculture. Moreover, if the bill is conferenced with the
Senate, we would support naming Members of this Committee on
the Conference.
Sincerely,
William F. Clinger, Jr.,
Chairman.
William H. Zeliff, Jr.,
Chairman, Subcommittee on
National Security,
International Affairs,
and Criminal Justice.
------
House of Representatives,
Committee on Agriculture,
Washington, DC, June 19, 1996.
Hon. William F. Clinger, Jr.,
Chairman, Committee on Government Reform and Oversight,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter informing me
that the Committee on Government Reform and Oversight has
agreed to waive consideration of H.R. 3665 so as to expedite
its consideration in the House.
On Wednesday, June 19, 1996, the Committee on Agriculture
ordered H.R. 3665 to be favorably reported to the full House.
H.R. 3665 authorizes the Secretary of Agriculture to conduct
the census of agriculture, and terminates this authority in the
Secretary of Commerce as of October 1, 1998.
H.R. 3665, which was introduced by me and other Agriculture
Committee Members on Tuesday, June 18, 1996, was referred to
the Committee on Government Reform and Oversight, with an
additional referral to the Committee on Agriculture.
Your waiver of consideration of H.R. 3665 will allow this
important legislation to be considered expeditiously by the
full House, and hopefully permit a conference with the Senate
in the Congress. I agree with you that your waiver of
consideration of H.R. 3665 should not be considered as
precedent for any future referrals of similar measures relating
to census activities, including the census on agriculture.
Moreover, if H.R. 3665 is conferenced with the Senate, I will
support your recommendation of naming Members of the Government
Reform and Oversight Committee to the Conference.
Sincerely,
Pat Roberts, Chairman.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
SECTION 526 OF THE REVISED STATUTES
Sec. 526. (a) * * *
* * * * * * *
(c)(1) The Secretary shall, in 1998 and in every 5th year
beginning after 1998, take a census of agriculture. In
connection with each such census, the Secretary may conduct any
survey or other data collection, and employ any sampling or
other statistical method, that the Secretary determines is
necessary and appropriate.
(2) 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.
(3) Any person who refuses or neglects to answer questions
submitted to such person in connection with a census or survey
under this subsection, or who answers any such questions
falsely, shall be subject to section 221 of title 13, United
States Code, to the same extent and in the same manner as if--
(A) section 142 of such title 13 had remained in
effect; and
(B) the census or survey were a census or survey
under such section 142, rather than under this
subsection.
The failure or refusal on the part of any person to disclose
such 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 the preceding
sentence.
(4) Each census under this subsection shall include each
State, and as may be determined by the Secretary, the District
of Columbia, the Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, and the Commonwealth of Puerto Rico,
and any such other possessions and areas over which the United
States exercises jurisdiction, control, or sovereignty.
Inclusion of other areas over which the United States exercises
jurisdiction, control, or sovereignty shall be subject to the
concurrence of the Secretary of State.
(5) The Secretary of Commerce may, upon written request of
the Secretary of Agriculture, furnish any information collected
under title 13, United States Code, which the Secretary of
Agriculture considers necessary for the taking of a census or
survey under this subsection. Any information so furnished may
not be used for any purpose other than the statistical purposes
for which it is supplied.
(6) The Secretary of Agriculture shall, upon written request
of the Secretary of Commerce, furnish any information collected
in a census taken under this subsection which the Secretary of
Commerce considers necessary for the taking of a census or
survey under title 13, United States Code. Any information so
furnished may not be used for any purpose other than the
statistical purposes for which it is supplied.
(7) Any rules or regulations necessary to carry out this
subsection may be prescribed by--
(A) the Secretary, to the extent that matters within
the jurisdiction of the Secretary are involved; and
(B) the Secretary of Commerce, to the extent that
matters within the jurisdiction of the Secretary of
Commerce are involved.
----------
TITLE 13, UNITED STATES CODE
* * * * * * *
CHAPTER 1--ADMINISTRATION
* * * * * * *
SUBCHAPTER I--GENERAL PROVISIONS
* * * * * * *
Sec. 9. Information as confidential; exception
(a) Neither the Secretary, nor any other officer or
employee of the Department of Commerce or bureau or agency
thereof, or local government census liaison, may, except as
provided in section 8 or 16 or [chapter 10 of this title--]
chapter 10 of this title or section 526(c)(5) of the Revised
Statutes--
(1) * * *
* * * * * * *
CHAPTER 5--CENSUSES
* * * * * * *
SUBCHAPTER II--POPULATION, HOUSING, AGRICULTURE, IRRIGATION, AND
UNEMPLOYMENT
141. Population and other census information.
[142. Agriculture and irrigation.]
* * * * * * *
SUBCHAPTER II--POPULATION, HOUSING, AGRICULTURE, IRRIGATION, AND
UNEMPLOYMENT
* * * * * * *
[Sec. 142. Agriculture and irrigation
[(a) The Secretary shall in 1979, in 1983, and in every
fifth year beginning after 1983, take a census of agriculture.
[(b) In conjunction with the census to be taken under
subsection (a) of this section in 1979, in 1988, and every
tenth year beginning after 1988, the Secretary shall take a
census of irrigation and.
[(c) The data collected in each of the censuses taken
under this section shall relate to the year immediately
preceding the year in which such census is taken.]
* * * * * * *
----------
SECTION 343 OF THE CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT
Sec. 343. (a) As used in this title:
(1) * * *
* * * * * * *
(11) The term ``qualified beginning farmer or
rancher'' means an applicant, regardless of whether the
applicant is participating in a program under section
310E--
(A) * * *
* * * * * * *
(F) who does not own land or who, directly or
through interests in family farm corporations,
owns land, the aggregate acreage of which does
not exceed 25 percent of the median acreage of
the farms or ranches, as the case may be, in
the county in which the farm or ranch
operations of the applicant are located, as
reported in the most recent census of
agriculture taken under section 142 of title
13, United States Code, or section 526(c) of
the Revised Statutes (7 U.S.C. 2204(c)), as the
case may be, except that this subparagraph
shall not apply to a loan made or guaranteed
under subtitle B; and
* * * * * * *
----------
SECTION 1770 OF THE FOOD SECURITY ACT OF 1985
confidentiality of information
Sec. 1770. (a) * * *
* * * * * * *
(d) For purposes of this section, a provision of law
referred to in this subsection means--
(1) * * *
* * * * * * *
[(5) section 526(a) of the Revised Statutes (7 U.S.C.
2204(a));]
(5) subsections (a) and (c) of section 526 of the
Revised Statutes (7 U.S.C. 2204(a) and (c));
* * * * * * *
(e) Nothing in this section shall be considered to prohibit
any release of information under section 526(c)(6) of the
Revised Statutes (7 U.S.C. 2204(c)(6)).
* * * * * * *