TRANSPARENCY AND ACCOUNTABILITY FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS; PUBLIC DISCLOSURE REQUIREMENTS FOR COUNTY COMMITTEE ELECTIONS.

SEC. 10708. TRANSPARENCY AND ACCOUNTABILITY FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS; PUBLIC DISCLOSURE REQUIREMENTS FOR COUNTY COMMITTEE ELECTIONS. (a) Transparency and Accountability for Socially Disadvantaged Farmers and Ranchers.—The Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 2501 (7 U.S.C. 2279) the following: “SEC. 2501A. TRANSPARENCY AND ACCOUNTABILITY FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS. “(a) Purpose.—The purpose of this section is to ensure compilation and public disclosure of data to assess and hold the Department of Agriculture accountable for the nondiscriminatory participation of socially disadvantaged farmers and ranchers in programs of the Department. “(b) Definition of Socially Disadvantaged Farmer or Rancher.—In this section, the term ‘socially disadvantaged farmer or rancher’ has the meaning given the term in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)). “(c) Compilation of Program Participation Data.— “(1) Annual requirement.—For each county and State in the United States, the Secretary shall compute annually the participation rate of socially disadvantaged farmers and ranchers as a percentage of the total participation of all farmers and ranchers for each program of the Department of Agriculture established for farmers or ranchers. “(2) Reporting participation.—In reporting the rates of participation under paragraph (1), the Secretary shall report the participation rate of socially disadvantaged farmers and ranchers according to race, ethnicity, and gender.”. (b) Public Disclosure Requirements for County Committee Elections.—Section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) is amended by striking subparagraph (B) and inserting the following: “(B) Establishment and elections for county, area, or local committees.— “(i) Establishment.— “(I) In general.—In each county or area in which activities are carried out under this section, the Secretary shall establish a county or area committee. 116 STAT. 523 “(II) Local administrative areas.—The Secretary may designate local administrative areas within a county or a larger area under the jurisdiction of a committee established under subclause (I). “(ii) Composition of county, area, or local committees.—A committee established under clause (i) shall consist of not fewer than 3 nor more than 5 members that— “(I) are fairly representative of the agricultural producers within the area covered by the county, area, or local committee; and “(II) are elected by the agricultural producers that participate or cooperate in programs administered within the area under the jurisdiction of the county, area, or local committee. “(iii) Elections.— “(I) In general.—Subject to subclauses (II) through (V), the Secretary shall establish procedures for nominations and elections to county, area, or local committees. “(II) Nondiscrimination statement.—Each solicitation of nominations for, and notice of elections of, a county, area, or local committee shall include the nondiscrimination statement used by the Secretary. “(III) Nominations.— “(aa) Eligibility.—To be eligible for nomination and election to the applicable county, area, or local committee, as determined by the Secretary, an agricultural producer shall be located within the area under the jurisdiction of a county, area, or local committee, and participate or cooperate in programs administered within that area. “(bb) Outreach.—In addition to such nominating procedures as the Secretary may prescribe, the Secretary shall solicit and accept nominations from organizations representing the interests of socially disadvantaged groups (as defined in section 355(e)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)(1)). “(IV) Opening of ballots.— “(aa) Public notice.—At least 10 days before the date on which ballots are to be opened and counted, a county, area, or local committee shall announce the date, time, and place at which election ballots will be opened and counted. “(bb) Opening of ballots.—Election ballots shall not be opened until the date and time announced under item (aa). “(cc) Observation.—Any person may observe the opening and counting of the election ballots. 116 STAT. 524 “(V) Report of election.—Not later than 20 days after the date on which an election is held, a county, area, or local committee shall file an election report with the Secretary and the State office of the Farm Service Agency that includes— “(aa) the number of eligible voters in the area covered by the county, area, or local committee; “(bb) the number of ballots cast in the election by eligible voters (including the percentage of eligible voters that cast ballots); “(cc) the number of ballots disqualified in the election; “(dd) the percentage that the number of ballots disqualified is of the number of ballots received; “(ee) the number of nominees for each seat up for election; “(ff) the race, ethnicity, and gender of each nominee, as provided through the voluntary self-identification of each nominee; and “(gg) the final election results (including the number of ballots received by each nominee). “(VI) National report.—Not later than 90 days after the date on which the first election of a county, area, or local committee that occurs after the date of enactment of the Farm Security and Rural Investment Act of 2002 is held, the Secretary shall complete a report that consolidates all the election data reported to the Secretary under subclause (V). “(VII) Election reform.— “(aa) Analysis.—If determined necessary by the Secretary after analyzing the data contained in the report under subclause (VI), the Secretary shall promulgate and publish in the Federal Register proposed uniform guidelines for conducting elections for members and alternate members of county, area, and local committees not later than 1 year after the date of completion of the report. “(bb) Inclusion.—The procedures promulgated by the Secretary under item (aa) shall ensure fair representation of socially disadvantaged groups described in subclause (III)(bb) in an area covered by the county, area, or local committee, in cases in which those groups are underrepresented on the county, area, or local committee for that area. “(cc) Methods of inclusion.—Notwithstanding clause (ii), the Secretary may ensure inclusion of socially disadvantaged farmers and ranchers through provisions allowing for appointment of 1 additional voting member to a county, area, or local committee or through other methods. 116 STAT. 525 “(iv) Term of office.—The term of office for a member of a county, area, or local committee shall not exceed 3 years. “(v) Public availability and report to congress.— “(I) Public disclosure.—The Secretary shall maintain and make readily available to the public, via website and otherwise in electronic and paper form, all data required to be collected and computed under section 2501A(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 and clause (iii)(V) collected annually since the most recent Census of Agriculture. “(II) Report to congress.—After each Census of Agriculture, the Secretary shall report to Congress the rate of loss or gain in participation by each socially disadvantaged group, by race, ethnicity, and gender, since the previous Census.”.