[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4675 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4675

  To improve the representation and accountability of county and area 
    committees established under the Soil Conservation and Domestic 
 Allotment Act and to ensure equitable service and improved access for 
farmers, ranchers, and other customers of programs of the Department of 
                              Agriculture.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 2000

 Mrs. Clayton (for herself, Mr. Thompson of Mississippi, Mr. Clyburn, 
Mr. Hilliard, Ms. Norton, Mrs. Christensen, Mr. Conyers, Ms. Millender-
     McDonald, Ms. Lee, Mr. Jackson of Illinois, Ms. McKinney, Ms. 
Kilpatrick, Mr. Dixon, Mr. Clay, Mr. Payne, Mr. Frost, Mr. Bishop, Mrs. 
Meek of Florida, Ms. Waters, Ms. Carson, Ms. Jackson-Lee of Texas, Mr. 
  Scott, Ms. Brown of Florida, Mr. Davis of Illinois, Mr. Hastings of 
 Florida, Mr. Meeks of New York, Mr. Wynn, Mr. Cummings, Mr. Rush, Mr. 
  Towns, Mr. Ford, Mr. Owens, Ms. Eddie Bernice Johnson of Texas, Mr. 
Lewis of Georgia, and Mr. Fattah) introduced the following bill; which 
 was referred to the Committee on Agriculture, and in addition to the 
    Committee on Government Reform, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To improve the representation and accountability of county and area 
    committees established under the Soil Conservation and Domestic 
 Allotment Act and to ensure equitable service and improved access for 
farmers, ranchers, and other customers of programs of the Department of 
                              Agriculture.

    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 ``USDA 
Accountability and Equity Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--IMPROVED ACCOUNTABILITY OF COUNTY AND AREA COMMITTEES AND 
                            THEIR EMPLOYEES

Sec. 101. Membership requirements for county and area committees.
Sec. 102. Improved oversight of county, area, and community committee 
                            elections.
Sec. 103. Federal civil service status of county and area committee 
                            employees.
                   TITLE II--IMPROVED PROGRAM EQUITY

Sec. 201. Participation of socially disadvantaged farmers and ranchers 
                            and other similarly situated farmers and 
                            ranchers in environmental quality 
                            incentives program.
Sec. 202. Grants to upgrade agricultural and food sciences facilities 
                            at 1890 land-grant colleges, including 
                            Tuskegee University.
Sec. 203. Funding of program of outreach and technical assistance to 
                            socially disadvantaged farmers.
Sec. 204. Funding of extension Indian reservation program.
Sec. 205. Funding of farm ownership and operating loan programs.

  TITLE I--IMPROVED ACCOUNTABILITY OF COUNTY AND AREA COMMITTEES AND 
                            THEIR EMPLOYEES

SEC. 101. MEMBERSHIP REQUIREMENTS FOR COUNTY AND AREA COMMITTEES.

    Effective 90 days after the date of the enactment of this Act, 
section 8(a)(5)(B) of the Soil Conservation and Domestic Allotment Act 
(16 U.S.C. 590h(a)(5)(B)) is amended by striking clause (ii) and 
inserting the following:
            ``(ii)(I) A county or area committee shall consist of not 
        fewer than 5 nor more than 7 members who are fairly 
        representative of the agricultural producers in the county or 
        area.
            ``(II) Except as provided in subclause (III), the members 
        of a county or area committee shall be elected by the 
        agricultural producers in such county or area under such 
        procedures as the Secretary may prescribe.
            ``(III) 2 members shall be demographically representative 
        of groups of agricultural producers in the county or area who, 
        in the absence of appointment under this subclause, would be 
        under-represented on the committee. The Secretary shall appoint 
        these members based on recommendations made by the under-
        represented groups. If the Secretary makes such an appointment 
        from among persons not so recommended, the Secretary shall 
        provide the reasons therefor upon request.''.

SEC. 102. IMPROVED OVERSIGHT OF COUNTY, AREA, AND COMMUNITY COMMITTEE 
              ELECTIONS.

    (a) Uniform Guidelines.--The Secretary of Agriculture shall 
prescribe uniform guidelines for conducting elections for members and 
alternates of county and area committees established pursuant to 
section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 
U.S.C. 590h(b)(5)), members and alternates of community committees so 
established, and delegates to local administrative area conventions and 
county conventions.
    (b) Certification of Election Results.--Effective 90 days after the 
date of the enactment of this Act, section 8(a)(5)(B) of the Soil 
Conservation and Domestic Allotment Act (16 U.S.C. 590h(a)(5)(B)) is 
amended by adding at the end the following new clause:
    ``(vi) Members elected pursuant to an election conducted under this 
subparagraph shall not commence their term of service unless and until 
the Secretary determines that--
            ``(I) the election fully complied with the laws, 
        regulations, and guidlines applicable to the conduct of the 
        election; and
            ``(II) the members-elect satisfy the eligibility 
        requirements for committee membership.''.

SEC. 103. FEDERAL CIVIL SERVICE STATUS OF COUNTY AND AREA COMMITTEE 
              EMPLOYEES.

    (a) County Committee Employee Defined.--In this section, the term 
``county committee employee'' means an employee of a county or area 
committee employed pursuant to section 8(b)(5) of the Soil Conservation 
and Domestic Allotment Act (16 U.S.C. 590h(b)(5)).
    (b) Federal Civil Service Status.--On and after the effective date 
of this section, the civil service laws shall apply to all county 
committee employees, subject to such regulations as the Secretary may 
prescribe and the conversion options for existing county committee 
employees provided by this section.
    (c) Conversion of Permanent County Committee Employees.--Subject to 
regulations of the Office of Personnel Management, a county committee 
employee who is so employed on the effective date of this section under 
an appointment not limited to one year or less shall be converted to 
Federal civil service appointments, as follows:
            (1) A county committee employee who has completed 3 years 
        of service shall be given a career civil service appointment.
            (2) A county committee employee who has completed less than 
        3 years of service shall be given a career-conditional civil 
        service appointment. The period of permanent service as a 
        county committee employee shall be counted when calculating the 
        3 years of service necessary for conversion to career civil 
        service status.
    (d) Conversion of Temporary County Committee Employees.--Subject to 
regulations of the Office of Personnel Management, a county committee 
employee who is so employed on the effective date of this section under 
an appointment of less than one year shall be converted to a temporary 
Federal civil service appointment.
    (e) Crediting Service as County Committee Employee.--Service as a 
county committee employee performed before the effective date of this 
section shall be counted as creditable Federal service when determining 
tenure, time-in-grade eligibility, within-grade increases, and 
probationary periods.
    (f) Reemployment Rights.--Subject to regulations of the Office of 
Personnel Management, a former permanent county committee employee who, 
before the effective date of this section, was provided reemployment 
priority rights as a county committee employee due to being separated 
through reduction-in-force procedures established by the Secretary of 
Agriculture, may receive special selection priority for civil service 
positions in the Farm Service Agency for a period of 2 years after the 
date of the employee's separation.
    (g) Conforming Amendments.--(1) Section 226 of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 6932) is amended by 
striking subsection (e).
    (2) Title 5, United States Code, is amended--
            (A) in section 3502(a)(4)(C)(i), by striking ``Soil 
        Conservation and Allotment Act'' and inserting ``Soil 
        Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), 
        before the effective date of section 102 of the USDA 
        Accountability and Equity Act of 2000,'';
            (B) in section 5306(a)(1)(C), by striking ``section 590h(b) 
        of title 16'' and inserting ``section 8(b) of the Soil 
        Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), 
        before the effective date of section 102 of the USDA 
        Accountability and Equity Act of 2000'';
            (C) in section 5334(e), by striking ``section 590h(b) of 
        title 16'' and inserting ``section 8(b) of the Soil 
        Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), 
        before the effective date of section 102 of the USDA 
        Accountability and Equity Act of 2000'';
            (D) in section 6312(a)(1), by striking ``Soil Conservation 
        and Allotment Act'' and inserting ``Soil Conservation and 
        Domestic Allotment Act (16 U.S.C. 590h(b)), before the 
        effective date of section 102 of the USDA Accountability and 
        Equity Act of 2000,'';
            (E) in section 8331(1)(F), by striking ``section 590h(b) of 
        title 16'' and inserting ``section 8(b) of the Soil 
        Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), 
        before the effective date of section 102 of the USDA 
        Accountability and Equity Act of 2000'';
            (F) in section 8701(a)(8), by striking ``section 590h(b) of 
        title 16'' and inserting ``section 8(b) of the Soil 
        Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), 
        before the effective date of section 102 of the USDA 
        Accountability and Equity Act of 2000''; and
            (G) in section 8901(1)(G), by striking ``section 590h(b) of 
        title 16'' and inserting ``section 8(b) of the Soil 
        Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), 
        before the effective date of section 102 of the USDA 
        Accountability and Equity Act of 2000''.
    (3) Section 8(b)(5)(E) of the Soil Conservation and Domestic 
Allotment Act (16 U.S.C. 590h(b)(5)(E)) is amended by striking the 
second and third sentences.
    (h) Effective Date.--This section and the amendments made by this 
section shall take effect 180 days after the date of the enactment of 
this Act.

                   TITLE II--IMPROVED PROGRAM EQUITY

SEC. 201. PARTICIPATION OF SOCIALLY DISADVANTAGED FARMERS AND RANCHERS 
              AND OTHER SIMILARLY SITUATED FARMERS AND RANCHERS IN 
              ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.

    (a) Inclusion of Definition.--Section 1201(a) of the Food Security 
Act of 1985 (16 U.S.C. 3801(a)) is amended--
            (1) by redesignating paragraphs (16), (17), and (18) as 
        paragraphs (17), (18), and (19), respectively; and
            (2) by inserting after paragraph (15) the following new 
        paragraph:
    ``(16) 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 (as that term is 
defined in section 355(e) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2003(e))), a farmer or rancher who has 
limited resources, or a farmer or rancher who is a member of a 
federally recognized Indian tribe.''.
    (b) Increased Funding; Availability of Funds.--Section 1241(b) of 
the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended--
            (1) in paragraph (1), by striking ``and $200,000,000 for 
        each of fiscal years 1997 through 2002'' and inserting 
        ``$200,000,000 for each of fiscal years 1997 through 2000, and 
        $300,000,000 for each of fiscal years 2001 and 2002'';
            (2) in paragraph (2), by striking ``50 percent'' and 
        inserting ``one-third''; and
            (3) by adding at the end the following new paragraphs:
            ``(3) Assistance for socially disadvantaged farmers and 
        ranchers.--For each of fiscal years 2001 and 2002, one-third of 
        the funding available for technical assistance, cost-share 
        payments, incentives payments, and education under the 
        environmental quality incentives program shall be targeted to 
        increase assistance to socially disadvantaged farmers and 
        ranchers.
            ``(4) Availability of funds.--Funds made available to the 
        environmental quality incentives program through the Commodity 
        Credit Corporation shall remain available until expended.''.
    (c) Priority for Assistance.--Section 1240C of the Food Security 
Act of 1985 (16 U.S.C. 3839aa-3) is amended--
            (1) in paragraph (2), by striking ``or'';
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(4) are for operations owned or operated by a socially 
        disadvantaged farmer or rancher.''.
    (d) Timing of Payments; Cost-Share Limitations.--Section 1240G of 
the Food Security Act of 1985 (16 U.S.C. 3839aa-7) is amended--
            (1) in subsection (c), by striking ``may not be made by the 
        Secretary until the subsequent fiscal year'' and inserting 
        ``may be made by the Secretary during that fiscal year''; and
            (2) by adding at the end the following new subsection:
    ``(d) Waiver of Cost-Share Requirements.--In addition to subsection 
(b), the Secretary may waive or adjust the maximum rate of cost-share 
and incentive payments under subsection (a) in the case of a producer 
who is a socially disadvantaged farmer or rancher.''.
    (e) Calculating Producer Contributions.--Section 1240B(e)(1) of the 
Food Security Act of 1985 (16 U.S.C. 3839aa-2(e)(1)) is amended by 
adding at the end the following new subparagraph:
                    ``(D) In-kind contributions.--For purposes of 
                calculating the producer's share of the cost of a 
                structural practice, the Secretary may count 
                contributions in labor, materials, or equipment when 
                the producer is a socially disadvantaged farmer or 
                rancher.''.

SEC. 202. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES FACILITIES 
              AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE 
              UNIVERSITY.

    Section 1447(b) of the National Agricultural Research, Extension, 
and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended to read 
as follows:
    ``(b) Appropriation.--
            ``(1) In general.--Out of any money in the Treasury of the 
        United States not otherwise appropriated, there are 
        appropriated to the Secretary of Agriculture $15,000,000 for 
        fiscal year 2001 and for each succeeding fiscal year to carry 
        out this section.
            ``(2) Availability.--Amounts appropriated under paragraph 
        (1) shall remain available until expended.''.

SEC. 203. FUNDING OF PROGRAM OF OUTREACH AND TECHNICAL ASSISTANCE TO 
              SOCIALLY DISADVANTAGED FARMERS.

    Section 2501(a)(3) of the Food, Agriculture, Conservation, and 
Trade Act of 1990 (7 U.S.C. 2279(a)(3)) is amended to read as follows:
            ``(3) Appropriation.--Out of any money in the Treasury of 
        the United States not otherwise appropriated, there are 
        appropriated to the Secretary $10,000,000 for fiscal year 2001 
        and for each succeeding fiscal year to carry out this 
        section.''.

SEC. 204. FUNDING OF EXTENSION INDIAN RESERVATION PROGRAM.

    Section 1677(g) of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (7 U.S.C. 5930(g)) is amended to read as follows:
    ``(g) Appropriation.--Out of any money in the Treasury of the 
United States not otherwise appropriated, there are appropriated to the 
Secretary $8,000,000 for fiscal year 2001 and for each succeeding 
fiscal year to carry out this section.''.

SEC. 205. FUNDING OF FARM OWNERSHIP AND OPERATING LOAN PROGRAMS.

    Section 346(b)(1) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1994(b)(1)) is amended by adding at the end the 
following:
                    ``(H) Additional funding.--Out of any money in the 
                Treasury of the United States not otherwise 
                appropriated, there are appropriated to the Secretary 
                for fiscal year 2001 and for each succeeding fiscal 
                year $585,000,000 for direct loans, of which--
                            ``(i) $85,000,000 shall be for farm 
                        ownership loans under subtitle A; and
                            ``(ii) $500,000,000 shall be for operating 
                        loans under subtitle B.''.
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