[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4051 Introduced in House (IH)]




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 
                       Department of Agriculture.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 1998

 Ms. McKinney introduced the following bill; which was referred to the 
    Committee 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 administration of programs of the 
                       Department of Agriculture.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RESOLUTION OF DISCRIMINATION COMPLAINTS AGAINST DEPARTMENT 
              OF AGRICULTURE.

    (a) Investigation and Determination.--Notwithstanding any other 
provision of law (except as provided 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 findings 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 submit 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 administration of programs of the Department of 
Agriculture that--
            (1) is based on race, sex, national origin, marital 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 Agriculture before 
        July 1, 1997.
    (c) Administrative Remedies.--If the Secretary of Agriculture 
determines, on the basis of substantial evidence, that discrimination 
based on race, sex, national origin, 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 
Secretary may provide to the person who submitted the eligible 
complaint those remedies that would have been available 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 extent such fees would have been available under such law.
    (d) Application of Other Law.--The process established in 
subsection (a) shall be subject to the provisions of chapter 35 of 
title 44, United States Code. Nothing in this section shall preclude a 
person from pursuing any remedies in accordance with any other law.
    (e) Restoration of Judicial Remedies.--Consistent with the United 
States Constitution and notwithstanding any other provision of law, any 
statute of limitations otherwise applicable to a claim of 
discrimination alleged 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.
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