I
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 De-
partment 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 Depart-
ment of Agriculture as a single agency under an Under
Secretary of Agriculture for Foreign Agriculture and Ag-
ricultural 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 Representa-
tives 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 Agricul-
tural 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 so-
cially 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 AGRI-
CULTURE REORGANIZATION
SEC. 101. UNDER SECRETARY OF AGRICULTURE FOR FOR-
EIGN 
AGRICULTURE 
AND 
AGRICULTURAL
FIELD SERVICES.
(a) ESTABLISHMENT.—There is established in the
Department of Agriculture the position of Under Sec-
retary of Agriculture for Foreign Agriculture and Agricul-
tural Field Services. The Under Secretary shall be ap-
pointed by the President, by and with the advice and con-
sent 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 Sec-
retary 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 Ag-
ricultural Services on the effective date of this Act and
who was appointed by the President, by and with the ad-
vice and consent of the Senate, shall not be required to
be reappointed under subsection (a) to the successor posi-
tion 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 For-
eign Agricultural Services.’’ and inserting ‘‘Under
Secretary of Agriculture for Agriculture and Agricul-
tural 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 strik-
ing ‘‘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 FOR-
ESTRY.
(a) ESTABLISHMENT.—There is established in the
Department of Agriculture the position of Under Sec-
retary 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 Re-
sources and Environment related to the Forest Serv-
ice.
(2) ADDITIONAL FUNCTIONS.—The Under Sec-
retary 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 re-
appointed 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 Re-
sources 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 ac-
tivities 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 sec-
tion 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 Serv-
ice Agency shall perform such other administrative,
financial, and regulatory activities as may be re-
quired by law or prescribed by the Secretary of Agri-
culture.
(c) INTERAGENCY TRANSFER OF RECORDS, PROP-
ERTY, PERSONNEL, AND FUNDS.—
(1) RELATED
TRANSFERS.—Subject to para-
graph (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 per-
sonnel affected by the transfer or delegation of
the administrative, financial, and regulatory re-
sponsibilities; and
(B) unexpended balances (available or to
be made available for use in connection with the
transferred or delegated administrative, finan-
cial, and regulatory responsibilities) of appro-
priations, allocations, or other funds of the De-
partment.
(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 Reor-
ganization Act of 1994 (7 U.S.C. 6932) is repealed.
(2) 
NATURAL
RESOURCES
CONSERVATION
SERVICE.—Section 246 of the Department of Agri-
culture 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 EMPLOY-
EES.—
(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 Agri-
culture 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 Fed-
eral employee or deemed to be a Federal employee
under subsection (b).
(b) COUNTY EXECUTIVE DIRECTOR.—
(1) MANAGEMENT
AND
SUPERVISORY
DU-
TIES.—The County Executive Director hired by a
county or area committee established under section
8(b)(5) of the Soil Conservation and Domestic Allot-
ment 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 Agri-
culture shall issue regulations prescribing the man-
ner in which, and the extent to which, the County
Executive Director may carry out the management
and supervisory responsibilities provided under para-
graph (1).
(c) COUNTY CREDIT RESPONSIBILITIES.—
(1) ASSIGNMENT AND DUTIES.—In each county
or area served by a county or area committee estab-
lished 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 as-
sign a Federal employee of the Department of Agri-
culture 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 as-
signed to an area or county shall carry out the em-
ployee’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 Ag-
riculture 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 person-
nel 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 individ-
ual qualities.
(2) SOCIALLY
DISADVANTAGED
FARMER
OR
RANCHER.—The term ‘‘socially disadvantaged farm-
er 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 COM-
MITTEES.
Section 8(b)(5)(B) of the Soil Conservation and Do-
mestic 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 agricul-
tural 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 so-
cially disadvantaged groups (as defined in sec-
tion 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 mem-
ber believes the committee (or a member or em-
ployee of the committee) has violated such rules
and policies or any other civil rights law.’’.
SEC. 203. AUTHORITY OF SECRETARY TO REMOVE MEM-
BERS 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 Allot-
ment Act (16 U.S.C. 590h(b)(5)(B)(v)) is amended by
adding at the end the following new sentence: ‘‘The Sec-
retary may remove a member for cause on a charge of
misconduct, delinquency, or inefficiency.’’.
(b) ORDERS FOR EMPLOYEE REMOVAL.—If the Sec-
retary of Agriculture makes a finding that an employee
of a county or area committee has discriminated against
a socially disadvantaged farmer or rancher in administer-
ing 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 appro-
priate 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 com-
mittee, the Secretary may withhold from the funds other-
wise 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 PRO-
GRAM PARTICIPANTS.
(a) ESTABLISHMENT.—The Secretary of Agriculture
may establish an Office of Civil Rights Protection for Pro-
gram 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 Agri-
culture responsible for enforcing—
(1) the civil rights rules and practices of the
Department of Agriculture to ensure the fair and eq-
uitable 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 partici-
pants who are members of socially disadvantaged
groups (including socially disadvantaged farmers
and ranchers).
(c) INVESTIGATIONS.—Upon establishment, the Of-
fice shall be the primary office of the Department respon-
sible 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 ad-
ministrative appeal of an adverse decision of the Depart-
ment 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 de-
cision whether to assemble such a team as soon as possible
after the receipt of the notice.
(c) CONSIDERATIONS.—The purpose of an investiga-
tion under this section is not to gather or consider evi-
dence of discrimination. In the case of a claim alleging
that a member of a socially disadvantaged group was de-
nied 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 fail-
ure to act of the agency, employee, or non-Federal em-
ployee 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 com-
plete the investigation before a final decision is made on
the appeal. The results of each investigation shall be sub-
mitted to the Secretary.
SEC. 206. APPROVAL BY SECRETARY OF LEGAL SETTLE-
MENTS 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 AG-
RICULTURE.
Any census of agriculture undertaken under the au-
thority 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 dis-
advantaged farmer or rancher.
SEC. 208. STUDY OF RECRUITMENT AND HIRING PRAC-
TICES REGARDING MEMBERS OF SOCIALLY
DISADVANTAGED GROUPS.
(a) STUDY REQUIRED.—The Secretary of Agriculture
shall conduct a study of the recruitment and hiring prac-
tices of the Department of Agriculture and county and
area committees for the purpose of developing rec-
ommendations 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.