§ 6932. Farm Service Agency

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Department of Agriculture Reorganization Act of 1994

   Pub. L. 103–354 title II § 226 · 108 Stat. 3178

   Enacted · 7 U.S.C. § 6932

   Pub. L. 103–354, title II, § 226, Oct. 13, 1994, 108 Stat. 3214

   Source evidence

   Code source credit
   Pub. L. 103–354, title II, § 226, Oct. 13, 1994, 108 Stat. 3214

   Enacted provision · exact public law section
   SEC. 226. CONSOLIDATED FARM SERVICE AGENCY. (a) Establishment.— The Secretary is authorized to establish and maintain in the Department a Consolidated Farm Service Agency. (b) Functions of Consolidated Farm Service Agency.— If the Secretary establishes the Consolidated Farm Service Agency under subsection (a), the Secretary is authorized to assign to the Agency jurisdiction over the following functions: (1) Agricultural price and income support programs, production adjustment programs, and related programs. (2) General supervision of the Federal Crop Insurance Corporation. (3) Agricultural credit programs assigned before the date of the enactment of this Act by law to the Farmers Home Administration (including farm ownership and operating, emergency, and disaster loan programs) and other lending programs for agricultural producers and others engaged in the production of agricultural commodities. (4) Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831–3836) and the agricultural conservation program under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590g et seq.). (5) Such other functions as the Secretary considers appropriate, except for those programs assigned by the Secretary to the Natural Resources Conservation Service or another agency of the Department under section 246(b). (c) Special Concurrence Requirements for Certain Functions.— In carrying out the programs specified in subsection (b)(4), the Secretary shall— (1) acting on the recommendations of the Consolidated Farm Service Agency, with the concurrence of the Natural Resources Conservation Service, issue regulations to carry out such programs; (2) ensure that the Consolidated Farm Service Agency, in establishing policies, priorities, and guidelines for such programs, does so with the concurrence of the Natural Resources Conservation Service at national, State, and local levels; (3) ensure that, in reaching such concurrence at the local level, the Natural Resources Conservation Service works in cooperation with Soil and Water Conservation Districts or similar organizations established under State law; (4) ensure that officials 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)) meet annually with officials of such Districts or similar organizations to consider local conservation priorities and guidelines; and (5) take steps to ensure that the concurrence process does not interfere with the effective delivery of such programs. (d) Jurisdiction Over Conservation Program Appeals.— (1) In general.— Until such time as an adverse decision described in this paragraph is referred to the National Appeals Division for consideration, the Consolidated Farm Service Agency shall have initial jurisdiction over any administrative appeal resulting from an adverse decision made under title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.), including an adverse decision involving technical determinations made by the Natural Resources Conservation Service. (2) Treatment of technical determination.— With respect to administrative appeals involving a technical determination made by the Natural Resources Conservation Service, the Consolidated Farm Service Agency, by rule with the concurrence of the Natural Resources Conservation Service, shall establish procedures for obtaining review by the Natural Resources Conservation Service of the technical determinations involved. Such rules shall ensure that technical criteria established by the Natural Resources Conservation Service shall be used by the Consolidated Farm Service Agency as the basis for any decisions regarding technical determinations. If no review is requested, the technical determination of the Natural Resources Conservation Service shall be the technical basis for any decision rendered 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)). If the committee requests a review by the Natural Resources Conservation Service of a wetlands determination of the Service, the Consolidated Farm Service Agency shall consult with other Federal agencies whenever required by law or under a memorandum of agreement in existence on the date of the enactment of this Act. (3) Reinstatement of program benefits.— Rules issued to carry out this subsection shall provide for the prompt reinstatement of benefits to a producer who is determined in an administrative appeal to meet the requirements of title XII of the Food Security Act of 1985 applicable to the producer. (e) Use of Federal and Non-Federal Employees.— (1) Use authorized.— In the implementation of programs and activities assigned to the Consolidated Farm Service Agency, the Secretary may use interchangeably in local offices of the Agency both Federal employees of the Department 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 Federal employee. (f) Collocation.— To the maximum extent practicable, the Secretary shall collocate county offices of the Consolidated Farm Service Agency with county offices of the Natural Resources Conservation Service in order to— (1) maximize savings from shared equipment, office space, and administrative support; (2) simplify paperwork and regulatory requirements; (3) provide improved services to agricultural producers and landowners affected by programs administered by the Agency and the Service; and (4) achieve computer compatibility between the Agency and the Service to maximize efficiency and savings. (g) Savings Provision.— For purposes of subsections (c) through (f) of this section: (1) A reference to the “Consolidated Farm Service Agency” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Consolidated Farm Service Agency under this section. (2) A reference to the “Natural Resources Conservation Service” includes any other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under section 246(b). (h) Conforming Amendment.— Section 331(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981(a)) is amended by striking “assets to the Farmers Home Administration” and all that follows through the period at the end of the subsection and inserting “assets to such officers or agencies of the Department of Agriculture as the Secretary considers appropriate.”.

2. 1996

   Agricultural Market Transition Act

   Pub. L. 104–127 § 194(c) · 110 Stat. 888

   Struck · 7 U.S.C. § 6932(b)(2)

   Pub. L. 104–127, § 194(c), struck out par. (2) which read as follows: “General supervision of the Federal Crop Insurance Corporation.”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–127, § 194(c), struck out par. (2) which read as follows: “General supervision of the Federal Crop Insurance Corporation.”

   Enacted provision · exact public law section
   (c) Conforming Amendment.— Section 226(b) of the Act (7 U.S.C. 6932(b)) is amended by striking paragraph (2).

3. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 § 336(a)(2)(C) · 110 Stat. 888

   Struck · 7 U.S.C. § 6932(b)(4)

   Pub. L. 104–127, § 336(a)(2)(C), struck out before period at end “and the agricultural conservation program under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590g et seq.)”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 104–127, § 336(a)(2)(C), struck out before period at end “and the agricultural conservation program under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590g et seq.)”.

   Enacted provision · exact public law section
   (C) Section 226(b)(4) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6932(b)(4)) is amended by striking “and the agricultural conservation program under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590g et seq.)”.

4. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 § 315(b) · 110 Stat. 888

   1. Amended · 7 U.S.C. § 6932(d)(2)

      Pub. L. 104–127, § 315(b), designated existing provisions as subpar. (A)

   2. Inserted · 7 U.S.C. § 6932(d)(2)

      Pub. L. 104–127, § 315(b), inserted heading

   3. Added · 7 U.S.C. § 6932(d)(2)

      Pub. L. 104–127, § 315(b), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 104–127, § 315(b), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

   Enacted provision · exact public law section
   (b) Treatment of Technical Determinations.— Section 226(d)(2) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6932(d)(2)) is amended— (1) by striking “determination.—With” and inserting “determination.— “(A) In general.— With”; and (2) by adding at the end the following: “(B) Economic hardship.—After a technical determination has been made, on a producer’s request, if a county or area committee determines that the application of the producer’s conservation system would impose an undue economic hardship on the producer, the committee shall provide the producer with relief to avoid the hardship.”.

5. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 12404(a)(1) · 132 Stat. 4490

   Substituted · 7 U.S.C. § 6932

   Pub. L. 115–334, § 12404(a)(1), (3), substituted “Farm” for “Consolidated Farm” in section catchline and wherever appearing in text

   Source evidence

   Code amendment note
   Pub. L. 115–334, § 12404(a)(1), (3), substituted “Farm” for “Consolidated Farm” in section catchline and wherever appearing in text.

   Enacted provision · exact public law section
   (1) in the section heading, by striking “consolidated farm” and inserting “farm”;

6. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 12404(a)(2) · 132 Stat. 4490

   Struck · 7 U.S.C. § 6932(b)

   Pub. L. 115–334, § 12404(a)(2), struck out “of Consolidated Farm Service Agency” after “Functions” in heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–334, § 12404(a)(2), struck out “of Consolidated Farm Service Agency” after “Functions” in heading.

   Enacted provision · exact public law section
   (2) in subsection (b), in the subsection heading, by striking “of Consolidated Farm Service Agency”; and

7. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 12410(c)(2)(A) · 132 Stat. 4490

   Substituted · 7 U.S.C. § 6932(b)(5); 7 U.S.C. § 6932(g)(2)

   Pub. L. 115–334, § 12410(c)(2)(A), substituted “section 6936(b) of this title” for “section 6962(b) of this title”

   Source evidence

   Code amendment note
   Subsecs. (b)(5), (g)(2). Pub. L. 115–334, § 12410(c)(2)(A), substituted “section 6936(b) of this title” for “section 6962(b) of this title”.

   Enacted provision · exact public law section
   (A) Section 226 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6932) (as amended by section 12404(a)) is amended— (i) in subsection (b)(5), by striking “section 246(b)” and inserting “section 228(b)”; and (ii) in subsection (g)(2), by striking “section 246(b)” and inserting “section 228(b)”.

9 of 9 references resolved to an enrolled provision