§ 2279. — Outreach and assistance for socially disadvantaged farmers and ranchers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2279]
TITLE 7--AGRICULTURE
CHAPTER 55--DEPARTMENT OF AGRICULTURE
Sec. 2279. Outreach and assistance for socially disadvantaged
farmers and ranchers
(a) Outreach and assistance
(1) Program
The Secretary of Agriculture shall carry out an outreach and
technical assistance program to encourage and assist socially
disadvantaged farmers and ranchers--
(A) in owning and operating farms and ranches; and
(B) in participating equitably in the full range of
agricultural programs offered by the Department.
(2) Requirements
The outreach and technical assistance program under paragraph
(1) shall--
(A) enhance coordination of the outreach, technical
assistance, and education efforts authorized under various
agriculture programs; and
(B) include information on, and assistance with--
(i) commodity, conservation, credit, rural, and business
development programs;
(ii) application and bidding procedures;
(iii) farm and risk management;
(iv) marketing; and
(v) other activities essential to participation in
agricultural and other programs of the Department.
(3) Grants and contracts
(A) In general
The Secretary may make grants to, and enter into contracts
and other agreements with, an eligible entity to provide
information and technical assistance under this subsection.
(B) Relationship to other law
The authority to carry out this section shall be in addition
to any other authority provided in this or any other Act.
(C) Other projects
Notwithstanding paragraph (1), the Secretary may make grants
to, and enter into contracts and other agreements with, an
organization or institution that received funding under this
section before January 1, 1996, to carry out a project that is
similar to a project for which the organization or institution
received such funding.
(4) Funding
(A) Authorization of appropriations
There is authorized to be appropriated to carry out this
subsection $25,000,000 for each of fiscal years 2002 through
2007.
(B) Interagency funding
In addition to funds authorized to be appropriated under
subparagraph (A), any agency of the Department may participate
in any grant, contract, or agreement entered into under this
subsection by contributing funds, if the agency determined that
the objectives of the grant, contract, or agreement will further
the authorized programs of the contributing agency.
(b) Designation of Federal personnel
(1) In general
The Secretary shall designate from existing Federal personnel
resources in the county or region a qualified person who shall, in
cooperation with the State cooperative extension services, implement
the policies and programs established or modified in accordance with
this section.
(2) Additional personnel
In counties or regions in which the number of socially
disadvantaged farmers and ranchers exceeds 25 percent of the total
number of farmers and ranchers in the county or region, the
Secretary shall designate additional personnel to implement the
policies and programs established or modified in accordance with
this section.
(c) Report to Congress
(1) In general
Not later than September 30, 1992, and every two years
thereafter, the Secretary shall report to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, regarding--
(A) the efforts of the Secretary to enhance participation by
members of socially disadvantaged groups in agricultural
programs;
(B) the specific participation goals established for each
agricultural program;
(C) the results achieved for each agricultural program; and
(D) the progress of the Department towards meeting each of
the purposes described in paragraph (2)(C).
(2) Contents
In addition to the information specified in paragraph (1), the
report required by paragraph (1) shall include--
(A) a comparison of the participation goals and the actual
participation rates of members of socially disadvantaged groups
in each agricultural program;
(B) an analysis and explanation of the reasons for the
success or failure of the Secretary to achieve the goals, and
the overall purposes of this section;
(C) a listing, on a State-by-State and county-by-county
basis, of--
(i) the amount of funds loaned to members of socially
disadvantaged groups; and
(ii) the amount of funds used to guarantee loans to
members of socially disadvantaged groups compared to the
total amount of such guarantees;
(D) a breakdown in allocation of crop base in each program
crop compared to the target participation rates established
pursuant to sections 355(a)(1) and 355(c) of the Consolidated
Farm and Rural Development Act [7 U.S.C. 2003(a)(1), 2003(c)],
on a State-by-State and county-by-county basis; and
(E) a review and analysis of participation by members of
socially disadvantaged groups, compared to participation by all
others, in agricultural programs, on a State-by-State and
county-by-county basis, including a survey representative of all
farmers and ranchers, including socially disadvantaged farmers
and ranchers, to identify reasons for participation and
nonparticipation in agricultural programs.
(d) Affirmative action, appeals, and contracting review
(1) Purpose
It is the purpose of this subsection to direct the Secretary to
analyze within the Department the design and implementation of
affirmative action programs and policies, the appeals process for
complaints of discrimination, and contracting and purchasing
practices employed by the Department.
(2) Scope
The study shall include--
(A) an assessment of the successes and failures of these
affirmative action programs and policies;
(B) a review of the reasons for the successes and failures
described in subparagraph (A);
(C) a review of procurement, contracting, and purchasing
policies of the Department, the level of participation of
socially disadvantaged businesses in such activities, and the
impact of those policies on the participation of members of
socially disadvantaged groups in such contracting with the
Department;
(D) a review of the reasons for participation or lack of
participation of businesses owned by members of socially
disadvantaged groups in the activities described in subparagraph
(C); and
(E) a review of the appeals process for all complaints or
allegations regarding acts, practices, or patterns of
discrimination filed with the Department by individuals or any
other entities that shall include--
(i) the number of complaints or allegations regarding
acts, practices, or patterns of discrimination;
(ii) the manner in which the complaints were
investigated and resolved by the Department; and
(iii) the longest, shortest, and average periods of time
taken to investigate and resolve the complaints or
allegations regarding acts, practices, or patterns of
discrimination.
(3) Report
Not later than November 28, 1991, the Secretary shall prepare
and submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report containing the information described
in paragraph (2).
(e) Definitions
(1) Socially disadvantaged group
As used in this section, the term ``socially disadvantaged
group'' means a group whose members have been subjected to racial or
ethnic prejudice because of their identity as members of a group
without regard to their individual qualities.
(2) Socially disadvantaged farmer or rancher
As used in this section, the term ``socially disadvantaged
farmer or rancher'' means a farmer or rancher who is a member of a
socially disadvantaged group.
(3) Agriculture programs
As used in this section, the term ``agriculture programs'' are
those established or authorized by--
(A) the Agricultural Act of 1949 [7 U.S.C. 1421 et seq.];
(B) the Consolidated Farm and Rural Development Act [7
U.S.C. 1921 et seq.];
(C) the Agricultural Adjustment Act of 1938 [7 U.S.C. 1281
et seq.];
(D) the Soil Conservation Act;
(E) the Domestic Allotment Assistance Act;
(F) the Food Security Act of 1985; and
(G) other such Acts as the Secretary deems appropriate.
(4) Department
The term ``Department'' means the Department of Agriculture.
(5) Eligible entity
The term ``eligible entity'' means any of the following:
(A) Any community-based organization, network, or coalition
of community-based organizations that--
(i) has demonstrated experience in providing
agricultural education or other agriculturally related
services to socially disadvantaged farmers and ranchers;
(ii) has provided to the Secretary documentary evidence
of work with socially disadvantaged farmers and ranchers
during the 2-year period preceding the submission of an
application for assistance under subsection (a) of this
section; and
(iii) does not engage in activities prohibited under
section 501(c)(3) of title 26.
(B) An 1890 institution or 1994 institution (as defined in
section 7601 of this title), including West Virginia State
College.
(C) An Indian tribal community college or an Alaska Native
cooperative college.
(D) An Hispanic-serving institution (as defined in section
3103 of this title).
(E) Any other institution of higher education (as defined in
section 1001 of title 20) that has demonstrated experience in
providing agriculture education or other agriculturally related
services to socially disadvantaged farmers and ranchers in a
region.
(F) An Indian tribe (as defined in section 450b of title 25)
or a national tribal organization that has demonstrated
experience in providing agriculture education or other
agriculturally related services to socially disadvantaged
farmers and ranchers in a region.
(G) An organization or institution that received funding
under subsection (a) of this section before January 1, 1996, but
only with respect to projects that the Secretary considers are
similar to projects previously carried out by the organization
or institution under such subsection.
(6) Secretary
The term ``Secretary'' means the Secretary of Agriculture.
(f) Omitted
(g) Reservations
(1) Consolidated suboffice
The Secretary shall require the Agricultural Stabilization and
Conservation Service, Soil Conservation Service, and Farmers Home
Administration offices, and such other offices and functions the
Secretary may choose to include, in each county that has a
reservation within its borders, to establish a consolidated
suboffice at the tribal headquarters of said reservation and to
staff said suboffice as needed, using existing staff, but no less
than one day a week or under such other arrangement agreed to by the
tribe and the Department offices. The tribe shall be required to
provide the necessary office space if it wishes to participate in
this program.
(2) Cooperative agreements
For those reservations that are located in more than one county,
the Secretary, the relevant county offices and the tribe shall enter
into a cooperative agreement to provide the services required by
paragraph (1) that avoids duplication of effort.
(Pub. L. 101-624, title XXV, Sec. 2501, Nov. 28, 1990, 104 Stat. 4062;
Pub. L. 102-237, title X, Sec. 1003, Dec. 13, 1991, 105 Stat. 1894; Pub.
L. 107-171, title X, Sec. 10707, May 13, 2002, 116 Stat. 520.)
References in Text
The Agricultural Act of 1949, referred to in subsec. (e)(3)(A), is
act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended, which is
classified principally to chapter 35A (Sec. 1421 et seq.) of this title.
For complete classification of this Act to the Code, see Short Title
note set out under section 1421 of this title and Tables.
The Consolidated Farm and Rural Development Act, referred to in
subsec. (e)(3)(B), is title III of Pub. L. 87-128, Aug. 8, 1961, 75
Stat. 307, as amended, which is classified principally to chapter 50
(Sec. 1921 et seq.) of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 1921 of this
title and Tables.
The Agricultural Adjustment Act of 1938, referred to in subsec.
(e)(3)(C), is act Feb. 16, 1938, ch. 30, 52 Stat. 31, as amended, which
is classified principally to chapter 35 (Sec. 1281 et seq.) of this
title. For complete classification of this Act to the Code, see section
1281 of this title and Tables.
The Soil Conservation Act and the Domestic Allotment Assistance Act,
referred to in subsec. (e)(3)(D) and (E), respectively, probably mean
the Soil Conservation and Domestic Allotment Act, act Apr. 27, 1935, ch.
85, 49 Stat. 163, as amended, which is classified generally to chapter
3B (Sec. 590a et seq.) of Title 16, Conservation. For complete
classification of this Act to the Code, see section 590q of Title 16 and
Tables.
The Food Security Act of 1985, referred to in subsec. (e)(3)(F), is
Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. For complete
classification of this Act to the Code, see Short Title of 1985
Amendment note set out under section 1281 of this title and Tables.
Codification
Section is comprised of section 2501 of Pub. L. 101-624. Subsec. (f)
of section 2501 of Pub. L. 101-624 amended section 2003 of this title.
Amendments
2002--Subsec. (a). Pub. L. 107-171, Sec. 10707(b), added subsec. (a)
and struck out heading and text of former subsec. (a). Text read as
follows:
``(1) In general.--The Secretary of Agriculture (hereafter referred
to in this section as the `Secretary') shall provide outreach and
technical assistance to encourage and assist socially disadvantaged
farmers and ranchers to own and operate farms and ranches and to
participate in agricultural programs. This assistance should include
information on application and bidding procedures, farm management, and
other essential information to participate in agricultural programs.
``(2) Grants and Contracts.--The Secretary may make grants and enter
into contracts and other agreements in the furtherance of this section
with the following entities--
``(A) any community based organization that--
``(i) has demonstrated experience in providing agricultural
education or other agriculturally related services to socially
disadvantaged farmers and ranchers;
``(ii) provides documentary evidence of its past experience
of working with socially disadvantaged farmers and ranchers
during the two years preceding its application for assistance
under this section; and
``(iii) does not engage in activities prohibited under
section 501(c)(3) of title 26; and
``(B) 1890 Land-Grant Colleges including Tuskegee Institute,
Indian tribal community colleges and Alaska native cooperative
colleges, Hispanic serving post-secondary educational institutions,
and other post-secondary educational institutions with demonstrated
experience in providing agriculture education or other
agriculturally related services to socially disadvantaged family
farmers and ranchers in their region.
``(3) Funding.--There are authorized to be appropriated $10,000,000
for each fiscal year to carry out this subsection.''
Subsec. (d)(1). Pub. L. 107-171, Sec. 10707(c)(1), struck out ``of
Agriculture'' after ``analyze within the Department''.
Subsec. (e)(4) to (6). Pub. L. 107-171, Sec. 10707(a), added pars.
(4) to (6).
Subsec. (g)(1). Pub. L. 107-171, Sec. 10707(c)(2), struck out ``of
Agriculture'' after ``Department''.
1991--Subsec. (a)(3). Pub. L. 102-237, Sec. 1003(1), substituted
``subsection'' for ``section''.
Subsec. (c)(1)(C). Pub. L. 102-237, Sec. 1003(2), inserted
``program'' after ``agricultural''.
Subsec. (d)(3). Pub. L. 102-237, Sec. 1003(3), substituted
``November 28, 1991'' for ``1 year after the date of enactment of this
Act''.
Waiver of Statute of Limitations
Pub. L. 105-277, div. A, Sec. 101(a) [title VII, Sec. 741], Oct. 21,
1998, 112 Stat. 2681, 2681-30, provided that:
``(a) To the extent permitted by the Constitution, any civil action
to obtain relief with respect to the discrimination alleged in an
eligible complaint, if commenced not later than 2 years after the date
of the enactment of this Act [Oct. 21, 1998], shall not be barred by any
statute of limitations.
``(b) The complainant may, in lieu of filing a civil action, seek a
determination on the merits of the eligible complaint by the Department
of Agriculture if such complaint was filed not later than 2 years after
the date of enactment of this Act [Oct. 21, 1998]. The Department of
Agriculture shall--
``(1) provide the complainant an opportunity for a hearing on
the record before making that determination;
``(2) award the complainant such relief as would be afforded
under the applicable statute from which the eligible complaint arose
notwithstanding any statute of limitations; and
``(3) to the maximum extent practicable within 180 days after
the date a determination of an eligible complaint is sought under
this subsection conduct an investigation, issue a written
determination and propose a resolution in accordance with this
subsection.
``(c) Notwithstanding subsections (a) and (b), if an eligible claim
is denied administratively, the claimant shall have at least 180 days to
commence a cause of action in a Federal court of competent jurisdiction
seeking a review of such denial.
``(d) The United States Court of Federal Claims and the United
States District Court shall have exclusive original jurisdiction over--
``(1) any cause of action arising out of a complaint with
respect to which this section waives the statute of limitations; and
``(2) any civil action for judicial review of a determination in
an administrative proceeding in the Department of Agriculture under
this section.
``(e) As used in this section, the term `eligible complaint' means a
nonemployment related complaint that was filed with the Department of
Agriculture before July 1, 1997 and alleges discrimination at any time
during the period beginning on January 1, 1981 and ending December 31,
1996--
``(1) in violation of the Equal Credit Opportunity Act (15
U.S.C. 1691 et seq.) in administering--
``(A) a farm ownership, farm operating, or emergency loan
funded from the Agricultural Credit Insurance Program Account;
or
``(B) a housing program established under title V of the
Housing Act of 1949 [42 U.S.C. 1471 et seq.]; or
``(2) in the administration of a commodity program or a disaster
assistance program.
``(f) This section shall apply in fiscal year 1999 and thereafter.
``(g) The standard of review for judicial review of an agency action
with respect to an eligible complaint is de novo review. Chapter 5 of
title 5 of the United States Code shall apply with respect to an agency
action under this section with respect to an eligible complaint, without
regard to section 554(a)(1) of that title.''
