respond to any of the actions, violations, or misconduct 
referred to in subsection (a) that— 
(1) would enhance civil rights at the Depart-
ment of Agriculture, including any policy or pro-
grammatic changes to prevent similar misconduct 
from occurring in the future; and 
(2) may include disciplinary actions, includ-
ing— 
(A) removal from Federal service; 
(B) suspension without pay; 
(C) any reduction in grade or pay; and 
(D) letter of reprimand. 
SEC. 5. 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 fol-
lowing: 
‘‘(f) EQUITABLE RELIEF BY THE ASSISTANT SEC-
RETARY OF AGRICULTURE FOR CIVIL RIGHTS.— 
‘‘(1) IN GENERAL.—The Assistant Secretary of 
Agriculture for Civil Rights (or a designee of the 
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Secretary in the Office of the Assistant Secretary for 
Civil Rights, if no Assistant Secretary of Agriculture 
for Civil Rights is confirmed in accordance with sec-
tion 218(b) of the Department of Agriculture Reor-
ganization Act of 1994 (7 U.S.C. 6918(b))) 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 Assist-
ant 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 Sec-
retary (who may not delegate the reversal au-
thority). 
‘‘(3) OTHER AUTHORITY.—The authority pro-
vided 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.’’; 
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(3) in subsection (g), as so redesignated, by 
striking ‘‘or the State Conservationist’’ and inserting 
‘‘the State Conservationist, or the Assistant Sec-
retary of Agriculture for Civil Rights (or the des-
ignee of the Secretary)’’; and 
(4) in paragraph (1) of subsection (h), as so re-
designated, 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 fol-
lows: 
‘‘(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) acting in good faith, relied on an action of, 
or the advice of, the Secretary (including any au-
thorized representative of the Secretary) to the det-
riment of the farming or ranching operation of the 
farmer or rancher; or 
‘‘(2) failed to comply fully with the require-
ments of a program described in subsection (a)(1), 
but made a good faith effort to comply with the re-
quirements.’’; 
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(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) EQUITABLE RELIEF BY THE ASSISTANT SEC-
RETARY 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 confirmed in accordance with sec-
tion 218(b) of the Department of Agriculture Reor-
ganization Act of 1994 (7 U.S.C. 6918(b))) may 
grant relief in accordance with subsections (a) 
through (d) to an individual who files a civil rights 
program complaint. 
‘‘(2) DECISIONS.—The decision by the Assist-
ant 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 Sec-
retary (who may not delegate the reversal au-
thority). 
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‘‘(3) OTHER AUTHORITY.—The authority pro-
vided 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) by redesignating subsection (e) as sub-
section (f); 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. 6. BURDEN OF PROOF FOR NATIONAL APPEALS DIVI-
SION 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.’’. 
Æ 
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