7 USC - U.S. Code - Title 7: Agriculture (January 2004)
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U.S. Code - Title 15: Commerce and Trade - 15 USC 1691 - Sec. 1691. Scope of prohibition
U.S. Code - Title 7: Agriculture - 7 USC 1281 - Sec. 1281. Short title
U.S. Code - Title 7: Agriculture - 7 USC 2003 - Sec. 2003. Target participation rates
U.S. Code - Title 7: Agriculture - 7 USC 1921 - Sec. 1921. Congressional findings
U.S. Code - Title 7: Agriculture - 7 USC 1421 - Sec. 1421. Price support
(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.