,i #aaith ,,congress #ast ,session ,h4 ,r4 #cfhe ,,in ,,the ,,house ,,of ,,representatives ,june #c1 #bjbe,mr4 ,jackson of ,illinois 7for himself and ,mr4 ,thompson of ,mississippi7 introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to enhance civil rights accountability and enforcement in the ,department of ,agriculture1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,just ,,usda ,standards and ,transparency ,act of #bjbe or the ,,just ,act of #bjbe4 #b4 ,civil rights accountability for ,,usda employees 7a7 ,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 actions1 violations1 or misconduct referred to in subsection 7b7 while in the course of such official's or employee's employment or in administering a ,department of ,agriculture program or service-- 7#a7 in any administrative finding by the ,department of ,agriculture1 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 ,agriculture2 7#b7 in any ,federal administrative or judicial proceeding2 7#c7 in any settlement with respect to civil rights2 7#d7 in any audit or investigation conducted by the ,office of the ,inspector ,general of the ,department of ,agriculture2 or 7#e7 in any investigation conducted by the ,office of the ,special ,counsel4 7b7 ,covered actions1 violations1 or misconduct ,the actions1 violations1 or misconduct referred to in this subsection are discriminatory actions1 retaliatory actions1 harassment1 civil rights violations1 or related misconduct1 including the following3 7#a7 ,failure to provide a receipt for service in accordance with section #beja;,a7e7 of the ,food1 ,agriculture1 ,conservation1 and ,trade ,act of #aiij 7#g ,u4,s4,c4 #bbgi-a7;e77 to any current or prospective applicants of1 or participants in1 ,department of ,agriculture programs4 7#b7 ,providing an inaccurate receipt for service under such section #beja;,a7e7 to any such current or prospective applicants or participants4 7#c7 ,failure to provide appropriate information regarding relevant programs and services at the ,department of ,agriculture1 when requested by any such current or prospective applicants or participants4 7#d7 ,failure to timely process applications or otherwise delaying program services to any such current or prospective applicants or participants4 7c7 ,corrective action defined ,in this section1 the term corrective action means any action taken to respond to any of the actions1 violations1 or misconduct referred to in subsection 7b7 that-- 7#a7 would enhance civil rights at the ,department of ,agriculture1 including any policy or programmatic changes to prevent similar misconduct from occurring in the future2 and 7#b7 may include disciplinary actions1 including-- 7,a7 removal from ,federal service2 7,b7 suspension without pay2 7,c7 any reduction in grade or pay2 and 7,d7 a letter of reprimand4 #c4 ,improvements to the ,office of the ,assistant ,secretary for ,civil ,rights 7a7 ,in general ,the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fiab et seq47 is amended by inserting after section #bah 7#g ,u4,s4,c4 #fiah7 the following3 #bah;,a4 ,assistant ,secretary of ,agriculture for ,civil ,rights 7a7 ,establishment ,the ,secretary shall establish in the ,department the position of ,assistant ,secretary of ,agriculture for ,civil ,rights 7referred to in this section as the ,assistant ,secretary74 7b7 ,appointment ,the ,assistant ,secretary shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7c7 ,duties 7#a7 ,in general ,the ,secretary shall delegate to the ,assistant ,secretary responsibility for-- 7,a7 ensuring compliance with all civil rights and related laws by all agencies and under all programs of the ,department2 7,b7 coordinating administration of civil rights laws 7including regulations7 within the ,department for employees of1 and participants in1 programs of the ,department2 and 7,c7 ensuring that necessary and appropriate civil rights components are properly incorporated into all strategic planning initiatives of the ,department and agencies of the ,department4 7#b7 ,office of ,legal ,advisor for ,civil ,rights ,not later than #abj days after the date of enactment of this section1 the ,secretary shall establish an ,office of ,legal ,advisor for ,civil ,rights that shall-- 7,a7 be the sole office within the ,department responsible for providing legal advice to the ,assistant ,secretary to-- 7i7 ensure compliance with all civil rights and related laws and regulations by all agencies and under all programs of the ,department2 and 7ii7 carry out fair and impartial investigations of civil rights complaints2 7,b7 report directly to the ,assistant ,secretary2 and 7,c7 not represent or defend the ,department or any of its agencies with respect to any claims of program or employment discrimination4 4 7b7 ,conforming amendments 7#a7 ,assistant ,secretaries of ,agriculture ,section #bah of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fiah7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by adding and at the end2 7ii7 in paragraph 7#b71 by striking 2 and at the end and inserting a period2 and 7iii7 by striking paragraph 7#c72 7,b7 in subsection 7b71 by striking any position of ,assistant ,secretary authorized under paragraph 7#a7 or 7#c7 of subsection 7a7 and inserting the position of ,assistant ,secretary of ,agriculture for ,congressional ,relations and ,intergovernmental ,affairs under subsection 7a77#a72 and 7,c7 by striking subsection 7c74 7#b7 ,termination of authority ,section #bif7;b77#e7 of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #gjad7;b77#e77 is amended to read as follows3 7#e7 ,the authority of the ,secretary to carry out section #bah;,a4 4 #d4 ,equitable relief 7a7 ,equitable relief from ineligibility for loans1 payments1 or other benefits ,section #afac of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #giif7 is amended-- 7#a7 by redesignating subsections 7f7 through 7j7 as subsections 7g7 through 7k71 respectively2 7#b7 by inserting after subsection 7e7 the following3 7f7 ,equitable relief by the ,assistant ,secretary of ,agriculture for ,civil ,rights 7#a7 ,in general ,the ,assistant ,secretary of ,agriculture for ,civil ,rights 7or a designee of the ,secretary in the ,office of the ,assistant ,secretary for ,civil ,rights1 if no ,assistant ,secretary of ,agriculture for ,civil ,rights is appointed and confirmed in accordance with section #bah;,a7b7 of the ,department of ,agriculture ,reorganization ,act of #aiid7 may grant relief in accordance with subsections 7b7 through 7d7 to a participant who files a civil rights program complaint4 7#b7 ,decisions ,the decision by the ,assistant ,secretary of ,agriculture for ,civil ,rights 7or the designee of the ,secretary7 to grant relief under this subsection-- 7,a7 shall not require prior approval by any officer or employee of the ,department of ,agriculture2 and 7,b7 is subject to reversal only by the ,secretary 7who may not delegate the reversal authority74 7#c7 ,other authority ,the authority provided to the ,assistant ,secretary of ,agriculture for ,civil ,rights 7or the designee of the ,secretary7 under this subsection is in addition to any other applicable authority and does not limit other authority provided by law or the ,secretary4 2 7#c7 in subsection 7g71 as so redesignated1 by striking or the ,state ,conservationist and inserting the ,state ,conservationist1 or the ,assistant ,secretary of ,agriculture for ,civil ,rights 7or the designee of the ,secretary72 and 7#d7 in paragraph 7#a7 of subsection 7h71 as so redesignated1 by striking and 7e7 and inserting 1 7e71 and 7f74 7b7 ,equitable relief for actions taken in good faith ,section #cff of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #bjjh;a7 is amended-- 7#a7 by amending subsection 7b7 to read as follows3 7b7 ,limitation ,the ,secretary may only provide relief to a farmer or rancher under subsection 7a7 if the ,secretary determines that the farmer or rancher-- 7#a7 acted in good faith and relied on an action of1 or the advice of1 the ,secretary 7including any authorized representative of the ,secretary7 to the detriment of the farming or ranching operation of the farmer or rancher2 or 7#b7 failed to comply fully with the requirements to receive a loan described in subsection 7a77#a71 but made a good faith effort to comply with the requirements4 2 7#b7 by redesignating subsection 7e7 as subsection 7f72 7#c7 by inserting after subsection 7d7 the following3 7e7 ,equitable relief by the ,assistant ,secretary of ,agriculture for ,civil ,rights 7#a7 ,in general ,the ,assistant ,secretary of ,agriculture for ,civil ,rights 7or a designee of the ,secretary in the ,office of the ,assistant ,secretary for ,civil ,rights1 if no ,assistant ,secretary of ,agriculture for ,civil ,rights is appointed and confirmed in accordance with section #bah;,a7b7 of the ,department of ,agriculture ,reorganization ,act of #aiid7 may grant relief in accordance with subsections 7a7 through 7d7 to an individual who files a complaint with respect to civil rights regarding a direct farm ownership1 operating1 or emergency loan under this title4 7#b7 ,decisions ,the decision by the ,assistant ,secretary of ,agriculture for ,civil ,rights 7or the designee of the ,secretary7 to grant relief under this subsection-- 7,a7 shall not require prior approval by any officer or employee of the ,department of ,agriculture2 and 7,b7 is subject to reversal only by the ,secretary 7who may not delegate the reversal authority74 7#c7 ,other authority ,the authority provided to the ,assistant ,secretary of ,agriculture for ,civil ,rights 7or the designee of the ,secretary7 under this subsection is in addition to any other applicable authority and does not limit other authority provided by law or the ,secretary4 2 and 7#d7 in subsection 7f71 as so redesignated1 by striking ,secretary and inserting ,secretary1 or the ,assistant ,secretary of ,agriculture for ,civil ,rights 7or the designee of the ,secretary714 #e4 ,office of the ,civil ,rights ,ombudsperson ,title ,,iii of the ,federal ,crop ,insurance ,reform and ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #bbca;b et seq47 is amended by adding at the end the following3 #caj4 ,office of the ,civil ,rights ,ombudsperson 7a7 ,in general ,not later than #abj days after the date of enactment of this section1 the ,secretary shall establish an ,office of the ,civil ,rights ,ombudsperson 7in this section referred to as the ,office7 within the ,department4 ,the ,office shall be independent of ,department agencies and offices4 7b7 ,ombudsperson designation ,the ,secretary shall designate a ,civil ,rights ,ombudsperson 7in this section referred to as the ,ombudsperson7 for the ,office4 ,the ,ombudsperson shall be considered a senior official of the ,department and have a background in civil rights enforcement4 7c7 ,office personnel ,the ,ombudsperson shall appoint such employees as are necessary to perform the functions of the ,office and for the administration of the ,office4 7d7 ,functions ,the functions of the ,office shall be-- 7#a7 to assist producers and other customers of ,department programs in navigating the civil rights review process2 7#b7 to ensure that participants 7as defined in section #bga7 are aware of the appeals process under subtitle ,h of title ,,ii1 including informal hearings under section #bge2 7#c7 to promote awareness of the ,office and its responsibilities among producers and other customers of ,department programs2 and 7#d7 to raise issues and concerns with respect to1 and make recommendations to the ,secretary about1 equitable access or implementation of ,department programs4 7e7 ,access to information 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall establish procedures to provide the ,office access to all departmental records necessary to execute the functions of the ,office under subsection 7d74 7#b7 ,timelines ,the procedures described in paragraph 7#a7 shall include a requirement that requests from the ,office for departmental records shall be fulfilled not later than #fj days after the request is made4 7f7 ,annual report ,beginning not later than #a year after the date of the enactment of this section1 and annually thereafter1 the ,ombudsperson shall prepare and submit to the ,house ,committee on ,agriculture and the ,senate ,committee on ,agriculture1 ,nutrition1 and ,forestry a report on-- 7#a7 the activities carried out by the ,office2 and 7#b7 the findings and recommendations of the ,office with respect to equitable access or implementation of ,department programs4 7g7 ,authorization of appropriations ,there is authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years #bjbf through #bjbh4 4 #f4 ,burden of proof for national appeals division hearings ,section #bgg7;c77#d7 of the ,department of ,agriculture ,reorganization ,act of #aiid 7#g ,u4,s4,c4 #fiig7;c77#d77 is amended to read as follows3 7#d7 ,burden of proof ,the agency shall bear the burden of proving by substantial evidence that the adverse decision of the agency was valid4 4