7 U.S.C. § 6991

Definitions

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For purposes of this subchapter:(1) Adverse decision

The term “adverse decision” means an administrative decision made by an officer, employee, or committee of an agency that is adverse to a participant. The term includes a denial of equitable relief by an agency or the failure of an agency to issue a decision or otherwise act on the request or right of the participant. The term does not include a decision over which the Board of Contract Appeals has jurisdiction.

(2) AgencyThe term “agency” means any agency of the Department designated by the Secretary or a successor agency of the Department, except that the term shall include the following (and any successor to the following):(A) The Farm Service Agency (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Farm Service Agency under section 6932 of this title).(B) The Commodity Credit Corporation, with respect to domestic programs.(C) The Farmers Home Administration.(D) The Federal Crop Insurance Corporation.(E) The Rural Development Administration.(F) The Natural Resources Conservation Service (or other office, agency, or administrative unit of the Department assigned the functions authorized for the Natural Resources Conservation Service under section 6936(b) of this title).(G) A State, county, or area committee established under section 590h(b)(5) of title 16.(3) Appellant

The term “appellant” means a participant who appeals an adverse decision in accordance with this subchapter.

(4) Case record

The term “case record” means all the materials maintained by the Secretary related to an adverse decision.

(5) Director

The term “Director” means the Director of the Division.

(6) Division

The term “Division” means the National Appeals Division established by this chapter.

(7) Hearing officer

The term “hearing officer” means an individual employed by the Division who hears and determines appeals of adverse decisions by any agency.

(8) Implement

The term “implement” refers to those actions necessary to effectuate fully and promptly a final determination of the Division not later than 30 calendar days after the effective date of the final determination.

(9) Participant

The term “participant” shall have the meaning given that term by the Secretary by regulation.

(Pub. L. 103–354, title II, § 271, Oct. 13, 1994, 108 Stat. 3228; Pub. L. 115–334, title XII, §§ 12404(b)(2), 12410(c)(2)(B), Dec. 20, 2018, 132 Stat. 4975, 4978.)Editorial NotesReferences in Text

This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle H (§§ 271–283) of title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3228, which enacted this subchapter, amended sections 2006 and 5101 to 5106 of this title and section 2202e of Title 12, Banks and Banking, and repealed sections 1433e and 1983b of this title.

This chapter, referred to in par. (6), was in the original “this title”, meaning title II of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3209, known as the Department of Agriculture Reorganization Act of 1994. For complete classification of title II to the Code, see Short Title note set out under section 6901 of this title and Tables.

Amendments

2018—Par. (2)(A). Pub. L. 115–334, § 12404(b)(2), substituted “Farm” for “Consolidated Farm” in two places.

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

Notes of Decisions

Cited in 26 cases (4 in the last 5 years), 1995–2026 · leading case: St. Bernard Par. Gov't v. United States, 916 F.3d 987 (Fed. Cir. 2019).

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St. Bernard Par. Gov't v. United States, 916 F.3d 987 (Fed. Cir. 2019). · cites it 4× “103-354, Congress created a detailed and comprehensive statutory scheme providing private parties with the right of administrative review of adverse decisions made by particular agencies within the Department of Agriculture.”

Huff v. Vilsack, 195 F. Supp. 3d 343 (D.D.C. 2016). “The USDA’s National Appeals Division Congress established administrative procedures to address complaints about “adverse decision[s][,]” 7 U.S.C. § 6991 (1), of the USDA related to agency-administered programs in 1994, pursuant to the Federal Crop Insurance Reform and Department…”

Beard v. Glickman, 189 F. Supp. 2d 994 (C.D. Cal. 2001). · cites it 4× “Under Defendant’s interpretation of the relevant statutes, there was no denial of equitable relief in this case by the Farm Service Agency, and there was no “adverse decision” by the agency, as defined by 7 U.S.C. § 6991 (an “adverse decision” in- *1002 eludes a “denial of…”

Austin v. United States, 118 Fed. Cl. 776 (Fed. Cl. 2014). “7 U.S.C. § 6991 (l)-(2). The statute also describes how judicial review of decisions from the NAD will be conducted: Judicial review A final determination of the Division [NAD] shall be reviewable and enforceable by any United States district court of competent jurisdiction in…”

Farmers & Merchants Bank of Eatonton v. United States, 43 Fed. Cl. 38 (Fed. Cl. 1999). · cites it 3× “103-354, codified at 7 U.S.C. § 6991 et seq. (1994 Reorganization Act), created a mandatory administrative appeals process, reviewable exclusively by the district courts, thus depriving the United States Court of Federal Claims of subject matter jurisdiction.”

Allied Home Mortg. Capital Corp. v. United States, 95 Fed. Cl. 769 (Fed. Cl. 2010). · cites it 3× “See 7 U.S.C. § 6991 (9). The relevant implementing regulation defines “participant” as follows: Participant means any individual or entity who has applied for, or whose right to participate in or receive, a payment, loan, loan guarantee, or other benefit in accordance with any…”

Cottrell v. Vilsack, 915 F. Supp. 2d 81 (D.C. Cir. 2013). “103-354 (codified mainly at 7 U.S.C. § 6991 etseq.). . The district court opinion dismissing this suit was not published.”

Gleichman v. US Dept. of Agric., 896 F. Supp. 42 (D. Me. 1995). “See 7 U.S.C. §§ 6991 et seq.; 7 C.F.R. §§ 1900.”

Lewis v. Glickman, 104 F. Supp. 2d 1311 (D. Kan. 2000). “See 7 U.S.C. § 6991 (1) (defining “adverse decision” as “an administrative decision made by an officer, employee, or committee of an agency that is adverse to a participant.”

Calhoun v. USDA Farm Serv. Agency, 920 F. Supp. 696 (N.D. Miss. 1996). “7 U.S.C. § 6991 , et seq. Relating specifically to the Department of Agriculture and its agencies, 7 U.”

Bentley v. Glickman, 234 B.R. 12 (N.D.N.Y. 1999). “1 If the application is rejected, the applicant may appeal to the Department of Agriculture’s National Appeals Division-(“NAD”), a review body established and governed by 7 U.S.C.A. §§ 6991 , et seq. (West Supp.1998).”

Chamblee v. Espy, 100 F.3d 15 (4th Cir. 1996). “§ 1983b, now 7 U.S.C. § 6991 et seq.) to provide her an administrative appeal of its determination to suspend her application to restructure her delinquent loans.”

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