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[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.''.
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