Food, Agriculture, Conservation, and
Trade Act of 1990
PUBLIC LAW 101-624
NOVEMBER 28, 1990
* * * * * *
TITLE XXV--OTHER RELATED
PROVISIONS
SEC. 2501.(1) 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 the Internal
Revenue Code of 1986; 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(2).
(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(3);
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)), 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(4), 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;
(B) the Consolidated Farm and Rural Development
Act;
(C) the Agricultural Adjustment Act of
1938;
(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) AMENDMENT TO CONSOLIDATED FARM AND
RURAL DEVELOPMENT ACT.-- Section 355 of
the Consolidated Farm and Rural Development
Act is amended--
(1) by striking out subsection (d);
(2) by redesignating subsection (c) as
subsection (d);
(3) by inserting after subsection (b)
the following new subsection:
"(c) OPERATING LOANS.--
"(1) ESTABLISHMENT.--The Secretary
shall establish annual target participation
rates, that shall ensure that socially
disadvantaged farmers or ranchers will
receive loans made or insured under subtitle
B. In establishing such target rates, the
Secretary shall consider the number of
socially disadvantaged farmers and ranchers
in a State in proportion to the total number
of farmers and ranchers in that State.
"(2) RESERVATION AND ALLOCATION.--The
Secretary shall, to the greatest extent
practicable, reserve and allocate the proportion
of each State's loan funds made available
under subtitle B that is equal to that
State's target participation rate for use
by the socially disadvantaged farmers or
ranchers in that State. The Secretary shall,
to the extent practicable, distribute the
total so derived on a county by county
basis according to the number of socially
disadvantaged farmers or ranchers in the
county. Any funds reserved and allocated
for purposes of this paragraph, but not
used shall be reallocated within such State.";
and
(4) by inserting after subsection (d)
(as so redesignated) the following new
subsection:
"(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.";
(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 necessay 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.
* * * * * *
SEC. 2506.(5) PSEUDORABIES
ERADICATION.
(a) FINDINGS.--Congress finds that efforts
to eradicate pseudorabies in United States
swine populations by the Department of
Agriculture in cooperation with State agencies
and the pork industry have a high priority
and should be continued until pseudorabies
is completely eradicated in the United
States.
(b) ESTABLISHMENT OF PROGRAM.--The Secretary
of Agriculture shall establish and carry
out a program for the eradication of pseudorabies
in United States swine populations.
(c) USE OF FUNDS FOR TESTING AND CONTROL
OF PSEUDORABIES.--The Secretary shall ensure
that not less than 65 percent of the funds
appropriated for the program established
under subsection (b) shall be used for
testing and screening of animals and for
other purposes directly related to the
eradication or control of pseudorabies.
This requirement on the use of appropriated
funds for this program shall not be implemented
in a manner that would adversely affect
any other animal or plant disease or pest
eradication or control program.
(d) AUTHORIZATION OF APPROPRIATIONS.--There
are authorized to be appropriated for each
of the fiscal years 1991 through 1995 such
sums as may be necessary for the purpose
of carrying out the program established
under subsection (b).
* * * * * *
SEC. 2510. USER FEES FOR REPORTS, PUBLICATIONS,
AND SOFTWARE.
Section 1121 of the Agriculture and Food
Act of 1981 (7 U.S.C. 2242a) is amended
by adding at the end the following new
subsection:
"(d) INVESTMENT.--Any fees collected,
late payment penalties, and interest earned
shall be credited to the account referred
to in this section and may be invested
by the Secretary of Agriculture in insured
or fully-collateralized interest-bearing
accounts or, at the discretion of the Secretary
of Agriculture, by the Secretary of the
Treasury in United States Government debt
instruments. Fees and charges, including
late payment penalties and interest earned
from the investment of such funds shall
be credited to such account.".
* * * * * *
SEC. 2515.(6) SCARCE
FEDERAL RESOURCES.
Notwithstanding any other provision of
this Act, to conserve scarce Federal resources,
the Secretary of Agriculture may after
concurrence with the Chairman and Ranking
Member of the Committee on Agriculture,
Nutrition, and Forestry of the Senate and
the Chairman and Ranking Member of the
Committee on Agriculture of the House of
Representatives, rank by priority the studies
or reports authorized by this Act and determine
which of those studies or reports shall
be completed. The Secretary shall complete
at least 12 such studies or reports.
* * * * * *
(1) 7 U.S.C. 2279.
(2) The Food, Agriculture,
Conservation, and Trade Act Amendments
of 1991, Public Law 102-237, December
13, 1991, 105 Stat. 1894, section 1003(1),
amended section 2501(a)(3) by striking
out the word "section" and
inserting in lieu thereof the word "subsection".
(3) The Food, Agriculture,
Conservation, and Trade Act Amendments
of 1991, Public Law 102-237, December
13, 1991, 105 Stat. 1894, section 1003(2),
amended section 2501(c)(1)(C) by inserting
the word "program" after the
word "agricultural".
(4) The Food, Agriculture,
Conservation, and Trade Act Amendments
of 1991, Public Law 102-237, December
13, 1991, 105 Stat. 1894, section 1003(3),
amended section 2501(d)(3) by striking
out the words "Not later than 1
year after the date of enactment of this
Act," and inserting in lieu thereof
the words "Not later than November
28, 1991,".
(5) 21 U.S.C. 114i.
(6) 7 U.S.C. 1421 note. |
