
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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) 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.

(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 of Agriculture 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.

(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 of Agriculture 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.)

                       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

    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.''
