7 U.S.C. § 6932
The Secretary is authorized to establish and maintain in the Department a Farm Service Agency.
If the Secretary establishes the Farm Service Agency under subsection (a), the Secretary is authorized to assign to the Agency jurisdiction over the following functions:
In carrying out the programs specified in subsection (b)(4), the Secretary shall-
Until such time as an adverse decision described in this paragraph is referred to the National Appeals Division for consideration, the 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.
With respect to administrative appeals involving a technical determination made by the Natural Resources Conservation Service, the 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 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 590h(b)(5) of title 16. If the committee requests a review by the Natural Resources Conservation Service of a wetlands determination of the Service, the Farm Service Agency shall consult with other Federal agencies whenever required by law or under a memorandum of agreement in existence on October 13, 1994.
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.
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 [16 U.S.C. 3801 et seq.] applicable to the producer.
In the implementation of programs and activities assigned to the 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 590h(b)(5) of title 16.
Notwithstanding paragraph (1), no personnel action (as defined in section 2302(a)(2)(A) of title 5) may be taken with respect to a Federal employee unless such action is taken by another Federal employee.
To the maximum extent practicable, the Secretary shall collocate county offices of the Farm Service Agency with county offices of the Natural Resources Conservation Service in order to-
For purposes of subsections (c) through (f) of this section:
7 U.S.C. § 6932
EDITORIAL NOTES
REFERENCES IN TEXTThe Food Security Act of 1985, referred to in subsecs. (b)(4) and (d)(1), (3), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354. Title XII of the Act is classified principally to chapter 58 (§3801 et seq.) of Title 16, Conservation. Subchapter B of chapter 1 of subtitle D of title XII of the Act is classified generally to subpart B (§3831 et seq.) of part I of subchapter IV of chapter 58 of Title 16. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of this title and Tables.
CODIFICATIONSection is comprised of section 226 of Pub. L. 103-354. Subsec. (h) of section 226 of Pub. L. 103-354 amended section 1981 of this title.
AMENDMENTS2018- Pub. L. 115-334, §12404(a)(1), (3), substituted "Farm" for "Consolidated Farm" in section catchline and wherever appearing in text.Subsec. (b). Pub. L. 115-334, §12404(a)(2), struck out "of Consolidated Farm Service Agency" after "Functions" in heading.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". 1996-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."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.)".Subsec. (d)(2). Pub. L. 104-127, §315(b), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
STATUTORY NOTES AND RELATED SUBSIDIARIES
FARM SERVICE AGENCY ACCOUNTABILITY Pub. L. 115-334, title I, §17051705,, 132 Stat. 4526, provided that:"(a) IN GENERAL.-Not later than 1 year after the date of enactment of this Act [Dec. 20, 2018], the Secretary [of Agriculture] shall establish policies, procedures, and plans to improve program accountability and integrity through targeted and coordinated activities, including utilizing data mining to identify and reduce errors, waste, fraud, and abuse in programs administered by the Farm Service Agency. "(b) REPORT.-Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the progress and results of the activities conducted under subsection (a)."
- Department
- The term "Department" means the Department of Agriculture.
- National Appeals Division
- The term "National Appeals Division" means the National Appeals Division of the Department established under section 6992 of this title.
- Secretary
- The term "Secretary" means the Secretary of Agriculture.