[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2692 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2692

    To combine the Consolidated Farm Service Agency and the Natural 
 Resources Conservation Service of the Department of Agriculture as a 
   single agency under an Under Secretary of Agriculture for Foreign 
Agriculture and Agricultural Field Services and to ensure the equitable 
treatment of socially disadvantaged farmers and ranchers and employees 
  of the Department who are members of a socially disadvantaged group.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 22, 1997

 Mr. Smith of Oregon introduced the following bill; which was referred 
                    to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
    To combine the Consolidated Farm Service Agency and the Natural 
 Resources Conservation Service of the Department of Agriculture as a 
   single agency under an Under Secretary of Agriculture for Foreign 
Agriculture and Agricultural Field Services and to ensure the equitable 
treatment of socially disadvantaged farmers and ranchers and employees 
  of the Department who are members of a socially disadvantaged group.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Agriculture Civil Rights and Efficiency Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
           TITLE I--DEPARTMENT OF AGRICULTURE REORGANIZATION

Sec. 101. Under Secretary of Agriculture for Foreign Agriculture and 
                            Agricultural Field Services.
Sec. 102. Under Secretary of Agriculture for Forestry.
Sec. 103. Establishment of Farm Service Agency.
Sec. 104. Personnel of Farm Service Agency.
Sec. 105. Regulations regarding management of State, county, and area 
                            offices of Farm Service Agency.
TITLE II--IMPLEMENTATION OF RECOMMENDATIONS OF CIVIL RIGHTS ACTION TEAM

Sec. 201. Definitions.
Sec. 202. Representation on county and area committees.
Sec. 203. Authority of Secretary to remove members and employees of 
                            county and area committees.
Sec. 204. Office of Civil Rights Protection for Program Participants.
Sec. 205. Prompt investigation of discrimination claims.
Sec. 206. Approval by Secretary of legal settlements involving $25,000 
                            or more.
Sec. 207. Calculation of socially disadvantaged farmers and ranchers in 
                            census of agriculture.
Sec. 208. Study of recruitment and hiring practices regarding members 
                            of socially disadvantaged groups.
Sec. 209. Activities of Inspector General of the Department of 
                            Agriculture.
                       TITLE III--EFFECTIVE DATE

Sec. 301. Effective Date.

           TITLE I--DEPARTMENT OF AGRICULTURE REORGANIZATION

SEC. 101. UNDER SECRETARY OF AGRICULTURE FOR FOREIGN AGRICULTURE AND 
              AGRICULTURAL FIELD SERVICES.

    (a) Establishment.--There is established in the Department of 
Agriculture the position of Under Secretary of Agriculture for Foreign 
Agriculture and Agricultural Field Services. The Under Secretary shall 
be appointed by the President, by and with the advice and consent of 
the Senate.
    (b) Functions of Under Secretary.--
            (1) Principal functions.--The Secretary of Agriculture 
        shall delegate to the Under Secretary of Agriculture for 
        Foreign Agriculture and Agricultural Field Services those 
        functions and duties performed, as of the effective date of 
        this Act--
                    (A) by the Under Secretary of Agriculture for Farm 
                and Foreign Agricultural Services; and
                    (B) by the Under Secretary of Agriculture for 
                Natural Resources and Environment (other than the 
                functions and duties of that Under Secretary related to 
                the Forest Service).
            (2) Additional functions.--The Under Secretary of 
        Agriculture for Foreign Agriculture and Agricultural Field 
        Services shall perform such other functions and duties as may 
        be required by law or prescribed by the Secretary of 
        Agriculture.
    (c) Succession.--The person who is serving as Under Secretary of 
Agriculture for Farm and Foreign Agricultural Services on the effective 
date of this Act and who was appointed by the President, by and with 
the advice and consent of the Senate, shall not be required to be 
reappointed under subsection (a) to the successor position established 
under this section if the person occupies the new position within 180 
days after the effective date of this Act.
    (d) Conforming Amendments.--
            (1) Existing position.--Section 225 of the Department of 
        Agriculture Reorganization Act of 1994 (7 U.S.C. 6931) is 
        repealed.
            (2) Executive schedule.--Section 5314 of title 5, United 
        States Code, is amended by striking ``Under Secretary of 
        Agriculture for Farm and Foreign Agricultural Services.'' and 
        inserting ``Under Secretary of Agriculture for Agriculture and 
        Agricultural Field Services.''.
            (3) Cross reference.--Section 226A(d)(1) of the Department 
        of Agriculture Reorganization Act of 1994 (7 U.S.C. 6933(d)(1)) 
        is amended by striking ``Under Secretary of Agriculture for 
        Farm and Foreign Agricultural Services'' and inserting ``Under 
        Secretary of Agriculture for Foreign Agriculture and 
        Agricultural Field Services''.

SEC. 102. UNDER SECRETARY OF AGRICULTURE FOR FORESTRY.

    (a) Establishment.--There is established in the Department of 
Agriculture the position of Under Secretary of Agriculture for 
Forestry. The Under Secretary shall be appointed by the President, by 
and with the advice and consent of the Senate.
    (b) Functions of Under Secretary.--
            (1) Principal functions.--The Secretary of Agriculture 
        shall delegate to the Under Secretary of Agriculture for 
        Forestry those functions and duties performed, as of the 
        effective date of this Act, by the Under Secretary of 
        Agriculture for Natural Resources and Environment related to 
        the Forest Service.
            (2) Additional functions.--The Under Secretary of 
        Agriculture for Forestry shall perform such other functions and 
        duties as may be required by law or prescribed by the Secretary 
        of Agriculture.
    (c) Succession.--The person who is serving as Under Secretary of 
Agriculture for Natural Resources and Environment on the effective date 
of this Act and who was appointed by the President, by and with the 
advice and consent of the Senate, shall not be required to be 
reappointed under subsection (a) to the successor position established 
under this section if the person occupies the new position within 180 
days after the effective date of this Act.
    (d) Conforming Amendments.--
            (1) Existing position.--Section 245 of the Department of 
        Agriculture Reorganization Act of 1994 (7 U.S.C. 6961) is 
        repealed.
            (2) Executive schedule.--Section 5314 of title 5, United 
        States Code, is amended by striking ``Under Secretary of 
        Agriculture for Natural Resources and Environment.'' and 
        inserting ``Under Secretary of Agriculture for Forestry.''.

SEC. 103. ESTABLISHMENT OF FARM SERVICE AGENCY.

    (a) Establishment.--The Secretary of Agriculture shall establish 
and maintain a Farm Service Agency in the Department of Agriculture.
    (b) Functions of Farm Service Agency.--
            (1) Principal functions.--The Secretary shall assign to the 
        Farm Service Agency jurisdiction over the administrative, 
        financial, and regulatory activities performed, as of the 
        effective date of this Act--
                    (A) by the Consolidated Farm Service Agency; and
                    (B) by the Natural Resources Conservation Service, 
                including the functions specified in section 246(b) of 
                the Department of Agriculture Reorganization Act of 
                1994 (7 U.S.C. 6962(b)), as in effect on the day before 
                the effective date of this Act.
            (2) Additional functions.--The Farm Service Agency shall 
        perform such other administrative, financial, and regulatory 
        activities as may be required by law or prescribed by the 
        Secretary of Agriculture.
    (c) Interagency Transfer of Records, Property, Personnel, and 
Funds.--
            (1) Related transfers.--Subject to paragraph (2), as part 
        of the transfer of administrative, financial, and regulatory 
        responsibilities to the Farm Service Agency under subsection 
        (b), the Secretary of Agriculture shall transfer--
                    (A) any of the records, property, or personnel 
                affected by the transfer or delegation of the 
                administrative, financial, and regulatory 
                responsibilities; and
                    (B) unexpended balances (available or to be made 
                available for use in connection with the transferred or 
                delegated administrative, financial, and regulatory 
                responsibilities) of appropriations, allocations, or 
                other funds of the Department.
            (2) Applicable law relating to funds transfer.--Section 
        1531 of title 31, United States Code, shall apply to any 
        transfer of funds under paragraph (1).
    (d) Conforming Amendments.--
            (1) Consolidated Farm Service Agency.--Section 226 of the 
        Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 
        6932) is repealed.
            (2) Natural Resources Conservation Service.--Section 246 of 
        the Department of Agriculture Reorganization Act of 1994 (7 
        U.S.C. 6962) is repealed.

SEC. 104. PERSONNEL OF FARM SERVICE AGENCY.

    (a) Use of Federal and Non-Federal Employees.--
            (1) Use authorized.--In the implementation of programs and 
        activities assigned to the Farm Service Agency, the Secretary 
        of Agriculture may use interchangeably in local offices of the 
        Agency both Federal employees of the Department of Agriculture 
        and non-Federal employees of county and area committees 
        established under section 8(b)(5) of the Soil Conservation and 
        Domestic Allotment Act (16 U.S.C. 590h(b)(5)).
            (2) Exception.--Notwithstanding paragraph (1), no personnel 
        action (as defined in section 2302(a)(2)(A) of title 5, United 
        States Code) may be taken with respect to a Federal employee 
        unless such action is taken by another person who is a Federal 
        employee or deemed to be a Federal employee under subsection 
        (b).
    (b) County Executive Director.--
            (1) Management and supervisory duties.--The County 
        Executive Director hired by a county or area committee 
        established under section 8(b)(5) of the Soil Conservation and 
        Domestic Allotment Act (16 U.S.C. 590h(b)(5)) shall be deemed 
        to be a Federal employee for purposes of--
                    (A) the management of local offices of the Farm 
                Service Agency in that county or area; and
                    (B) the supervision of personnel of the Farm 
                Service Agency in that county or area, regardless of 
                whether the personnel are Federal employees of the 
                Department or non-Federal employees of that county or 
                area committee.
            (2) Regulations.--The Secretary of Agriculture shall issue 
        regulations prescribing the manner in which, and the extent to 
        which, the County Executive Director may carry out the 
        management and supervisory responsibilities provided under 
        paragraph (1).
    (c) County Credit Responsibilities.--
            (1) Assignment and duties.--In each county or area served 
        by a county or area committee established under section 8(b)(5) 
        of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 
        590h(b)(5)), the Secretary of Agriculture shall assign a 
        Federal employee of the Department of Agriculture to be 
        responsible for making determinations in that county or area 
        regarding the eligibility of persons for assistance under the 
        agricultural credit programs administered by the Farm Service 
        Agency related to farm ownership and operating, emergency, and 
        disaster loans. The employee assigned must be qualified to 
        perform such duties.
            (2) Consultation.--The Federal employee assigned to an area 
        or county shall carry out the employee's duties under paragraph 
        (1) in consultation with the county or area committee for that 
        county or area. However, the employee shall not otherwise be 
        answerable to the county or area committee.
            (3) Succession.--The Federal employee who, on the effective 
        date of this Act, is performing the duties described in 
        paragraph (1) in a county or area shall continue to perform 
        such duties for that county or area unless and until the 
        Secretary of Agriculture assigns a successor under paragraph 
        (1).

SEC. 105. REGULATIONS REGARDING MANAGEMENT OF STATE, COUNTY, AND AREA 
              OFFICES OF FARM SERVICE AGENCY.

    The Secretary of Agriculture shall issue regulations applicable to 
State, county, and area offices of the Farm Service Agency to 
prescribe--
            (1) the management and administration of such offices; and
            (2) the classification, employment, and personnel 
        management of non-Federal employees of such offices carrying 
        out programs and activities assigned to the Farm Service 
        Agency.

TITLE II--IMPLEMENTATION OF RECOMMENDATIONS OF CIVIL RIGHTS ACTION TEAM

SEC. 201. DEFINITIONS.

    For purposes of this title:
            (1) Socially disadvantaged group.--The term ``socially 
        disadvantaged group'' means a group whose members have been 
        subjected to racial, ethnic, or gender prejudice because of 
        their identity as members of a group without regard to their 
        individual qualities.
            (2) Socially disadvantaged farmer or rancher.--The term 
        ``socially disadvantaged farmer or rancher'' means a farmer or 
        rancher who is a member of a socially disadvantaged group.
            (3) County or area committee.--The term ``county or area 
        committee'' means a county or area committee established under 
        section 8(b)(5) of the Soil Conservation and Domestic Allotment 
        Act (16 U.S.C. 590h(b)(5)).

SEC. 202. REPRESENTATION ON COUNTY AND AREA COMMITTEES.

    Section 8(b)(5)(B) of the Soil Conservation and Domestic Allotment 
Act (16 U.S.C. 590h(b)(5)(B)) is amended by striking clause (iv) and 
inserting the following new clause:
                    ``(iv) In addition to the members of a county or 
                area committee elected by agricultural producers under 
                clause (ii), the Secretary shall appoint two nonvoting 
                members for each committee who shall serve as the 
                Secretary's representatives on the committee. The 
                members appointed under this clause shall advise the 
                committee regarding the rules and policies of the 
                Department to promote the interests of socially 
                disadvantaged groups (as defined in section 201 of the 
                Department of Agriculture Civil Rights and Efficiency 
                Act of 1997). A member appointed under this clause 
                shall submit to the Secretary a written report whenever 
                the member believes the committee (or a member or 
                employee of the committee) has violated such rules and 
                policies or any other civil rights law.''.

SEC. 203. AUTHORITY OF SECRETARY TO REMOVE MEMBERS AND EMPLOYEES OF 
              COUNTY AND AREA COMMITTEES.

    (a) Removal of Members for Cause.--Section 8(b)(5)(B)(v) of the 
Soil Conservation and Domestic Allotment Act (16 U.S.C. 
590h(b)(5)(B)(v)) is amended by adding at the end the following new 
sentence: ``The Secretary may remove a member for cause on a charge of 
misconduct, delinquency, or inefficiency.''.
    (b) Orders for Employee Removal.--If the Secretary of Agriculture 
makes a finding that an employee of a county or area committee has 
discriminated against a socially disadvantaged farmer or rancher in 
administering an activity or program of the Farm Service Agency or 
otherwise violates a rule or policy of the Department of Agriculture, 
the Secretary may order the county or area committee to remove the 
employee or take other appropriate disciplinary action against the 
employee.
    (c) Effect of Failure to Comply.--If a county or area committee 
fails to comply with an order issued under subsection (b) with respect 
to disciplinary action to be taken against an employee of the county or 
area committee, the Secretary may withhold from the funds otherwise 
paid to the county or area committee or employees of the county or area 
committee an amount equal to not more than two years' pay at the rate 
the employee was receiving at the time of the order.

SEC. 204. OFFICE OF CIVIL RIGHTS PROTECTION FOR PROGRAM PARTICIPANTS.

    (a) Establishment.--The Secretary of Agriculture may establish an 
Office of Civil Rights Protection for Program Participants under the 
jurisdiction of the Assistant Secretary of Agriculture for 
Administration.
    (b) Enforcement.--Upon establishment, the Office shall be the 
primary office of the Department of Agriculture responsible for 
enforcing--
            (1) the civil rights rules and practices of the Department 
        of Agriculture to ensure the fair and equitable treatment of 
        participants in programs and activities of the Department of 
        Agriculture; and
            (2) those rules and policies of the Department designed to 
        promote the interests of such participants who are members of 
        socially disadvantaged groups (including socially disadvantaged 
        farmers and ranchers).
    (c) Investigations.--Upon establishment, the Office shall be the 
primary office of the Department responsible for investigating claims 
submitted to the Secretary or otherwise brought to the attention of the 
Secretary that a Federal employee of the Department or a non-Federal 
employee of a county or area committee discriminated against a member 
of a socially disadvantaged group in the operation of a program or 
activity of the Department of Agriculture.

SEC. 205. PROMPT INVESTIGATION OF DISCRIMINATION CLAIMS.

    (a) Notice of Discrimination Claims.--If the administrative appeal 
of an adverse decision of the Department of Agriculture contains an 
allegation that an agency or employee of the Department or a non-
Federal employee of a county or area committee discriminated against a 
member of a socially disadvantaged group in the operation of a program 
or activity of the Department, the Secretary of Agriculture shall be 
notified in writing of the allegation as soon as possible.
    (b) Initiation of Investigation.--Upon receipt of a notice under 
subsection (a), the Secretary may assemble a team of employees of the 
Department of Agriculture to investigate the actions of the agency, 
Federal employee, or non-Federal employee against whom the allegation 
of discrimination is raised. The Secretary shall make the decision 
whether to assemble such a team as soon as possible after the receipt 
of the notice.
    (c) Considerations.--The purpose of an investigation under this 
section is not to gather or consider evidence of discrimination. In the 
case of a claim alleging that a member of a socially disadvantaged 
group was denied participation in a Department program on account of 
being a member of a socially disadvantaged group, the team shall 
consider whether the member met the eligibility requirements for 
participation in the program. In the case of other adverse decisions 
involving a member of a socially disadvantaged group in which a claim 
of discrimination is raised, the team shall consider whether the acts 
or failure to act of the agency, employee, or non-Federal employee have 
a legitimate basis.
    (d) Time for Investigation.--The team assigned to investigate a 
particular claim shall endeavor to complete its investigation within 30 
days, but the team shall complete the investigation before a final 
decision is made on the appeal. The results of each investigation shall 
be submitted to the Secretary.

SEC. 206. APPROVAL BY SECRETARY OF LEGAL SETTLEMENTS INVOLVING $25,000 
              OR MORE.

    Notwithstanding section 3702(a) of title 31, United States Code, if 
the amount of a proposed settlement for a claim against the United 
States Government is equal to $25,000 or more and the claim against the 
United States arose out of an act or failure to act of an employee of 
the Department of Agriculture or an employee of a county or area 
committee, the claim may be settled only with the personal approval of 
the Secretary of Agriculture.

SEC. 207. CALCULATION OF SOCIALLY DISADVANTAGED FARMERS AND RANCHERS IN 
              CENSUS OF AGRICULTURE.

    Any census of agriculture undertaken under the authority of section 
142 of title 13, United States Code, or any other provision of law 
shall separately enumerate or sample each agricultural producer who is 
a socially disadvantaged farmer or rancher.

SEC. 208. STUDY OF RECRUITMENT AND HIRING PRACTICES REGARDING MEMBERS 
              OF SOCIALLY DISADVANTAGED GROUPS.

    (a) Study Required.--The Secretary of Agriculture shall conduct a 
study of the recruitment and hiring practices of the Department of 
Agriculture and county and area committees for the purpose of 
developing recommendations for increasing the number of qualified 
members of socially disadvantaged groups recruited for employment.
    (b) Submission to Congress.--Not later than 60 days after the 
effective date of this Act, the Secretary shall submit to Congress a 
report containing the results of the study.

SEC. 209. ACTIVITIES OF INSPECTOR GENERAL OF THE DEPARTMENT OF 
              AGRICULTURE.

    (a) Reoccurring review.--The Inspector General of the Department of 
Agriculture shall include in each report required to be prepared by the 
Inspector General under section 5 of the Inspector General Act of 1978 
(Public Law 95-452; 5 U.S.C. App.) the following:
            (1) An audit of the civil rights rules and practices of the 
        Department of Agriculture and rules and policies of the 
        Department designed to promote the interests of socially 
        disadvantaged groups, the implementation of such rules and 
        practices during the period covered by the report, and 
        enforcement actions undertaken or underway during that period 
        regarding violations of such rules and practices.
            (2) An audit of each legal settlement involving the 
        Department of Agriculture that was entered into during the 
        period covered by the report to determine whether--
                    (A) the settlement was appropriate given the facts 
                of the claim; and
                    (B) the process by which the claim was investigated 
                and settled was timely.
    (b) Review of Nepotism and Conflicts of Interest.--Not later than 
60 days after the effective date of this Act, the Inspector General of 
the Department of Agriculture shall submit to Congress a report 
regarding the extent to which nepotism and conflicts of interest occur 
in the administration of Department of Agriculture programs. The 
Inspector General shall base the report on an audit of randomly 
selected State and local offices of the Department.

                       TITLE III--EFFECTIVE DATE

SEC. 301. EFFECTIVE DATE.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect 120 days after 
the date of the enactment of this Act.
    (b) Activities in Anticipation of Effective Date.--Beginning on the 
date of the enactment of this Act, the Secretary of Agriculture shall 
take such actions as the Secretary considers necessary to ensure the 
prompt implementation of this Act and the amendments made by this Act 
upon the effective date of this Act. Such actions may include the 
commencement of rule making and the selection of persons to serve in 
positions created by this Act.
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