No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6527 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6527
To enhance civil rights accountability and enforcement in the
Department of Agriculture, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 30, 2023
Mr. Jackson of Illinois (for himself, Mr. Thompson of Mississippi, Mr.
Carter of Louisiana, Mr. Thanedar, Mr. Cohen, Ms. Tlaib, Mr. Trone, and
Mr. Frost) introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To enhance civil rights accountability and enforcement in the
Department of Agriculture, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Just USDA Standards and Transparency
Act of 2023'' or the ``JUST Act of 2023''.
SEC. 2. CIVIL RIGHTS ACCOUNTABILITY FOR USDA EMPLOYEES.
(a) In General.--The Secretary of Agriculture shall ensure that
appropriate corrective action is taken with respect to any official or
employee of the Department of Agriculture who has been found to have
engaged in any of the actions, violations, or misconduct referred to in
subsection (b) while in the course of such official's or employee's
employment or in administering a Department of Agriculture program or
service--
(1) in any administrative finding by the Department of
Agriculture, including any final agency decision issued by the
Assistant Secretary of Agriculture for Civil Rights and any
civil rights compliance review or misconduct investigation
conducted by the Department of Agriculture;
(2) in any Federal administrative or judicial proceeding;
(3) in any settlement with respect to civil rights;
(4) in any audit or investigation conducted by the Office
of the Inspector General of the Department of Agriculture; or
(5) in any investigation conducted by the Office of the
Special Counsel.
(b) Covered Actions, Violations, or Misconduct.--The actions,
violations, or misconduct referred to in this subsection are
discriminatory actions, retaliatory actions, harassment, civil rights
violations, or related misconduct, including the following:
(1) Failure to provide a receipt for service in accordance
with section 2501A(e) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279-1(e)) to any current or
prospective applicants of, or participants in, Department of
Agriculture programs.
(2) Providing an inaccurate receipt for service under such
section 2501A(e) to any such current or prospective applicants
or participants.
(3) Failure to provide appropriate information regarding
relevant programs and services at the Department of
Agriculture, when requested by any such current or prospective
applicants or participants.
(4) Failure to timely process applications or otherwise
delaying program services to any such current or prospective
applicants or participants.
(c) Corrective Action Defined.--In this section, the term
``corrective action'' means any action taken to respond to any of the
actions, violations, or misconduct referred to in subsection (b) that--
(1) would enhance civil rights at the Department of
Agriculture, including any policy or programmatic changes to
prevent similar misconduct from occurring in the future; and
(2) may include disciplinary actions, including--
(A) removal from Federal service;
(B) suspension without pay;
(C) any reduction in grade or pay; and
(D) a letter of reprimand.
SEC. 3. IMPROVEMENTS TO THE OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL
RIGHTS.
(a) In General.--The Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6912 et seq.) is amended by inserting after section
218 (7 U.S.C. 6918) the following:
``SEC. 218A. ASSISTANT SECRETARY OF AGRICULTURE FOR CIVIL RIGHTS.
``(a) Establishment.--The Secretary shall establish in the
Department the position of Assistant Secretary of Agriculture for Civil
Rights (referred to in this section as the `Assistant Secretary').
``(b) Appointment.--The Assistant Secretary shall be appointed by
the President, by and with the advice and consent of the Senate.
``(c) Duties.--
``(1) In general.--The Secretary shall delegate to the
Assistant Secretary responsibility for--
``(A) ensuring compliance with all civil rights and
related laws by all agencies and under all programs of
the Department;
``(B) coordinating administration of civil rights
laws (including regulations) within the Department for
employees of, and participants in, programs of the
Department; and
``(C) ensuring that necessary and appropriate civil
rights components are properly incorporated into all
strategic planning initiatives of the Department and
agencies of the Department.
``(2) Office of legal advisor for civil rights.--Not later
than 120 days after the date of enactment of this section, the
Secretary shall establish an Office of Legal Advisor for Civil
Rights that shall--
``(A) be the sole office within the Department
responsible for providing legal advice to the Assistant
Secretary to--
``(i) ensure compliance with all civil
rights and related laws and regulations by all
agencies and under all programs of the
Department; and
``(ii) carry out fair and impartial
investigations of civil rights complaints;
``(B) report directly to the Assistant Secretary;
and
``(C) not represent or defend the Department or any
of its agencies with respect to any claims of program
or employment discrimination.''.
(b) Conforming Amendments.--
(1) Assistant secretaries of agriculture.--Section 218 of
the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6918) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by adding ``and'' at
the end;
(ii) in paragraph (2), by striking ``;
and'' at the end and inserting a period; and
(iii) by striking paragraph (3);
(B) in subsection (b), by striking ``any position
of Assistant Secretary authorized under paragraph (1)
or (3) of subsection (a)'' and inserting ``the position
of Assistant Secretary of Agriculture for Congressional
Relations and Intergovernmental Affairs under
subsection (a)(1)''; and
(C) by striking subsection (c).
(2) Termination of authority.--Section 296(b)(5) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
7014(b)(5)) is amended to read as follows:
``(5) The authority of the Secretary to carry out section
218A.''.
SEC. 4. EQUITABLE RELIEF.
(a) Equitable Relief From Ineligibility for Loans, Payments, or
Other Benefits.--Section 1613 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7996) is amended--
(1) by redesignating subsections (f) through (j) as
subsections (g) through (k), respectively;
(2) by inserting after subsection (e) the following:
``(f) Equitable Relief by the Assistant Secretary of Agriculture
for Civil Rights.--
``(1) In general.--The Assistant Secretary of Agriculture
for Civil Rights (or a designee of the Secretary in the Office
of the Assistant Secretary for Civil Rights, if no Assistant
Secretary of Agriculture for Civil Rights is appointed and
confirmed in accordance with section 218A(b) of the Department
of Agriculture Reorganization Act of 1994) may grant relief in
accordance with subsections (b) through (d) to a participant
who files a civil rights program complaint.
``(2) Decisions.--The decision by the Assistant Secretary
of Agriculture for Civil Rights (or the designee of the
Secretary) to grant relief under this subsection--
``(A) shall not require prior approval by any
officer or employee of the Department of Agriculture;
and
``(B) is subject to reversal only by the Secretary
(who may not delegate the reversal authority).
``(3) Other authority.--The authority provided to the
Assistant Secretary of Agriculture for Civil Rights (or the
designee of the Secretary) under this subsection is in addition
to any other applicable authority and does not limit other
authority provided by law or the Secretary.'';
(3) in subsection (g), as so redesignated, by striking ``or
the State Conservationist'' and inserting ``the State
Conservationist, or the Assistant Secretary of Agriculture for
Civil Rights (or the designee of the Secretary)''; and
(4) in paragraph (1) of subsection (h), as so redesignated,
by striking ``and (e)'' and inserting ``, (e), and (f)''.
(b) Equitable Relief for Actions Taken in Good Faith.--Section 366
of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008a) is
amended--
(1) by amending subsection (b) to read as follows:
``(b) Limitation.--The Secretary may only provide relief to a
farmer or rancher under subsection (a) if the Secretary determines that
the farmer or rancher--
``(1) acted in good faith and relied on an action of, or
the advice of, the Secretary (including any authorized
representative of the Secretary) to the detriment of the
farming or ranching operation of the farmer or rancher; or
``(2) failed to comply fully with the requirements to
receive a loan described in subsection (a)(1), but made a good
faith effort to comply with the requirements.'';
(2) by redesignating subsection (e) as subsection (f);
(3) by inserting after subsection (d) the following:
``(e) Equitable Relief by the Assistant Secretary of Agriculture
for Civil Rights.--
``(1) In general.--The Assistant Secretary of Agriculture
for Civil Rights (or a designee of the Secretary in the Office
of the Assistant Secretary for Civil Rights, if no Assistant
Secretary of Agriculture for Civil Rights is appointed and
confirmed in accordance with section 218A(b) of the Department
of Agriculture Reorganization Act of 1994) may grant relief in
accordance with subsections (a) through (d) to an individual
who files a complaint with respect to civil rights regarding a
direct farm ownership, operating, or emergency loan under this
title.
``(2) Decisions.--The decision by the Assistant Secretary
of Agriculture for Civil Rights (or the designee of the
Secretary) to grant relief under this subsection--
``(A) shall not require prior approval by any
officer or employee of the Department of Agriculture;
and
``(B) is subject to reversal only by the Secretary
(who may not delegate the reversal authority).
``(3) Other authority.--The authority provided to the
Assistant Secretary of Agriculture for Civil Rights (or the
designee of the Secretary) under this subsection is in addition
to any other applicable authority and does not limit other
authority provided by law or the Secretary.''; and
(4) in subsection (f), as so redesignated, by striking
``Secretary'' and inserting ``Secretary, or the Assistant
Secretary of Agriculture for Civil Rights (or the designee of
the Secretary),''.
SEC. 5. OFFICE OF THE CIVIL RIGHTS OMBUDSPERSON.
Title III of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 2231b et seq.) is
amended by adding at the end the following:
``SEC. 310. OFFICE OF THE CIVIL RIGHTS OMBUDSPERSON.
``(a) In General.--Not later than 120 days after the date of
enactment of this section, the Secretary shall establish an Office of
the Civil Rights Ombudsperson (in this section referred to as the
`Office') within the Department. The Office shall be independent of
Department agencies and offices.
``(b) Ombudsperson Designation.--The Secretary shall designate a
Civil Rights Ombudsperson (in this section referred to as the
`Ombudsperson') for the Office. The Ombudsperson shall be considered a
senior official of the Department and have a background in civil rights
enforcement.
``(c) Office Personnel.--The Ombudsperson shall appoint such
employees as are necessary to perform the functions of the Office and
for the administration of the Office.
``(d) Functions.--The functions of the Office shall be--
``(1) to assist producers and other customers of Department
programs in navigating the civil rights review process;
``(2) to ensure that participants (as defined in section
271) are aware of the appeals process under subtitle H of title
II, including informal hearings under section 275;
``(3) to promote awareness of the Office and its
responsibilities among producers and other customers of
Department programs; and
``(4) to raise issues and concerns with respect to, and
make recommendations to the Secretary about, equitable access
or implementation of Department programs.
``(e) Access to Information.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall establish procedures to provide the Office access to all
departmental records necessary to execute the functions of the
Office under subsection (d).
``(2) Timelines.--The procedures described in paragraph (1)
shall include a requirement that requests from the Office for
departmental records shall be fulfilled not later than 60 days
after the request is made.
``(f) Annual Report.--Beginning not later than 1 year after the
date of the enactment of this section, and annually thereafter, the
Ombudsperson shall prepare and submit to the House Committee on
Agriculture and the Senate Committee on Agriculture, Nutrition, and
Forestry a report on--
``(1) the activities carried out by the Office; and
``(2) the findings and recommendations of the Office with
respect to equitable access or implementation of Department
programs.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out this section for
each of fiscal years 2024 through 2026.''.
SEC. 6. BURDEN OF PROOF FOR NATIONAL APPEALS DIVISION HEARINGS.
Section 277(c)(4) of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6997(c)(4)) is amended to read as follows:
``(4) Burden of proof.--The agency shall bear the burden of
proving by substantial evidence that the adverse decision of
the agency was valid.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line