§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.
(
References in Text
The Agricultural Act of 1949, referred to in subsec. (e)(3)(A), is act Oct. 31, 1949, ch. 792,
The Consolidated Farm and Rural Development Act, referred to in subsec. (e)(3)(B), is title III of
The Agricultural Adjustment Act of 1938, referred to in subsec. (e)(3)(C), is act Feb. 16, 1938, ch. 30,
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,
The Food Security Act of 1985, referred to in subsec. (e)(3)(F), is
Codification
Section is comprised of section 2501 of
Amendments
1991-Subsec. (a)(3).
Subsec. (c)(1)(C).
Subsec. (d)(3).
Waiver of Statute of Limitations
"(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."