I
105TH CONGRESS
2D SESSION
H. R. 4051
To provide a mechanism for the final resolution of certain complaints of
discrimination arising out of the administration of programs of the De-
partment of Agriculture.
IN THE HOUSE OF REPRESENTATIVES
JUNE 11, 1998
Ms. MCKINNEY introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Agriculture,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To provide a mechanism for the final resolution of certain
complaints of discrimination arising out of the adminis-
tration of programs of the Department of Agriculture.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 
1. 
RESOLUTION 
OF 
DISCRIMINATION 
COM-
PLAINTS AGAINST DEPARTMENT OF AGRI-
CULTURE.
(a) INVESTIGATION
AND
DETERMINATION.—Not-
withstanding any other provision of law (except as pro-
vided in subsection (d)), the Secretary of Agriculture shall
establish an Office of Civil Rights in the Department of
Agriculture to investigate and resolve eligible complaints
described in subsection (b) that are filed by persons under
this section. For each eligible complaint investigated, the
Secretary shall make a determination under subsection (c)
and prepare a written decision, which shall include find-
ings and an analysis in support of the determination. A
person shall have 12 months from the date on which the
Office of Civil Rights is established during which to sub-
mit an eligible complaint for investigation and resolution
under this section.
(b) ELIGIBLE COMPLAINT DESCRIBED.—An eligible
complaint referred to in subsection (a) is a complaint of
discrimination (not related to employment) in the adminis-
tration of programs of the Department of Agriculture
that—
(1) is based on race, sex, national origin, mari-
tal status, religion, age, or handicap;
(2) arose during the period from January 1,
1982, through December 31, 1996; and
(3) was submitted to the Department of Agri-
culture before July 1, 1997.
(c) ADMINISTRATIVE REMEDIES.—If the Secretary of
Agriculture determines, on the basis of substantial evi-
dence, that discrimination based on race, sex, national ori-
gin, marital status, religion, age, or handicap has occurred
in the administration of programs of the Department of
Agriculture, as alleged in an eligible complaint, the Sec-
retary may provide to the person who submitted the eligi-
ble complaint those remedies that would have been avail-
able under the law whose violation gave rise to the eligible
complaint. The Secretary of Agriculture may provide for
the recovery of reasonable attorneys fees to the same ex-
tent such fees would have been available under such law.
(d) APPLICATION OF OTHER LAW.—The process es-
tablished in subsection (a) shall be subject to the provi-
sions of chapter 35 of title 44, United States Code. Noth-
ing in this section shall preclude a person from pursuing
any remedies in accordance with any other law.
(e) RESTORATION OF JUDICIAL REMEDIES.—Con-
sistent with the United States Constitution and notwith-
standing any other provision of law, any statute of limita-
tions otherwise applicable to a claim of discrimination al-
leged in an eligible complaint shall not apply to the claim
if a cause of action alleging the claim is filed with a United
States district court of competent jurisdiction within 12
months after the date of the enactment of this Act.
Æ