II 112th CONGRESS 2d Session S. 2387 IN THE SENATE OF THE UNITED STATES April 26, 2012 Mr. Pryor introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food, Conservation, and Energy Act of 2008 to require the Secretary of Agriculture to acknowledge that the Department is considering or rejecting a civil rights claim not later than 45 days after receipt of the claim and, once considering a claim, to process all civil rights complaints within 270 days.

1.

Short title

This Act may be cited as the Fair Claims Act.

2.

Civil rights complaints against the Department of Agriculture

Section 14010 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2279–2) is amended— (1)by striking the section enumerator and heading and all that follows through Each year and inserting the following:

14010.

Civil rights complaints against the Department of Agriculture

(a)

Required reports and submissions

Each year

; (2)in paragraph (1)— (A)in subparagraph (C), by striking and at the end; (B)in subparagraph (D), by adding and at the end; and (C)by adding at the end the following: (E)the number of claims that have not been resolved during the 270-day period beginning on the date of acknowledgment of receipt of the claim by the agency; ; (3)in paragraph (2), by striking and at the end; (4)in paragraph (3), by striking the period at the end and inserting ; and; and (5)by adding at the end the following: (3)submit to each Senator and Member of Congress a list that— (A)identifies the number of constituents in the State or district of the Senator or Member that have outstanding civil rights claims that have been pending for more than 270 days since the date of acknowledgment of receipt of a formal complaint by the Department of Agriculture; and (B)includes the number of claims that are outstanding for each 60-day interval beyond the 270-day period. (c)

Required submissions to claimant

As soon as practicable after the expiration of the 270-day period beginning on the date of acknowledgment of receipt of a civil rights claim by the Department of Agriculture, if the claim remains outstanding, the Secretary shall submit to the claimant of the outstanding civil rights claim the estimated time of resolution for the claim. (d)

Timeline for response and resolution

(1)

In general

Not later than 180 days after the date of enactment of this subsection, the Secretary shall accept or deny all formal civil rights complaints sent by registered mail or delivered in person for processing during the 45-day period beginning on the date of receipt of the complaint. (2)

Failure to accept complaint

(A)

In general

If the Secretary refuses to accept a complaint as a formal civil rights complaint, the complainant may appeal the intake decision during the 15-day period beginning on the date of the disputed intake through the office of the Assistant Secretary for Administration of the Department of Agriculture. (B)

Required response

The Assistant Secretary for Administration shall respond not later than 45 days after the date on which an appeal is filed under subparagraph (A) on acceptance or denial of the formal complaint process. (3)

Resolution of claims

(A)

In general

Except as provided in subparagraph (B), the Secretary shall resolve all civil rights claims during the 270-day period beginning on the date of acknowledgment of delivery of the complaint by registered mail or in person. (B)

Exceptions

(i)

Alternative dispute resolution

Notwithstanding subparagraph (A), in a case in which the claimant has pursued the option of alternative dispute resolution with the Secretary, the 270-day period shall not begin until— (I)the claimant terminates the alternative dispute resolution process in writing to the Department of Agriculture; and (II)(aa)the Department has acknowledged receipt of the claim; or (bb)the Postal Service verifies that the complaint has been delivered by registered mail. (ii)

Pending criminal investigation

Notwithstanding subparagraph (A), in a case in which a criminal investigation is pending with respect to the claims, the 270-day period shall not begin until the pending criminal investigation has been concluded. (C)

Failure to resolve

(i)

In general

If a civil rights claim is not resolved during the 270-day period, the Secretary shall provide to the claimant, in accordance with subsections (a)(3) and (b)— (I)an explanation of the reason for delay; (II)an explanation of the remaining process that is required for the resolution of the claim; (III)a description of any items necessary for review; and (IV)an estimated time for resolution of the claim. (ii)

Protection of confidential information

An explanation of the reason for delay under clause (i) shall not include confidential information relating to the claim that would interfere with potential or ongoing court proceedings. (4)

Appeal of finding of discrimination

(A)

In general

For any civil rights claim in which discrimination is found under this section, the claimant may file an appeal of the finding with the Assistant Secretary for Administration. (B)

Action by assistant secretary for administration

Not later than 180 days after the date on which an appeal is filed under subparagraph (A), the Assistant Secretary for Administration shall respond to the appeal by issuing an acceptance or denial of the finding. (e)

Periodic audits conducted by Inspector General of the Department of Agriculture

Not later than 2 years after the date of enactment of this subsection and not less frequently than every 3 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit of each activity taken by the Secretary under this section for the period covered by the audit to determine compliance with this section. .