[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2349 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2349

      To provide for equal protection of the law and to prohibit 
discrimination and preferential treatment on the basis of race, color, 
   national origin, or sex in the administration of programs of the 
           Department of Agriculture, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 1, 2021

Mr. Tiffany (for himself and Mr. Owens) introduced the following bill; 
           which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
      To provide for equal protection of the law and to prohibit 
discrimination and preferential treatment on the basis of race, color, 
   national origin, or sex in the administration of programs of 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 ``Agriculture Civil Rights and 
Equality Act'' or the ``ACRE Act''.

SEC. 2. ANTI-DISCRIMINATION POLICIES.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Agriculture (or any officer, employee, or other designee 
of the Secretary) (referred to in this Act as the ``Secretary'') shall 
not--
            (1) intentionally discriminate against, or grant a 
        preference to, any person or group based in whole or in part on 
        race, color, national origin, or sex, in connection with any 
        contract or subcontract entered into by the Secretary, award 
        made by the Secretary, employment with the Department of 
        Agriculture, or any other program or activity carried out by 
        the Secretary; or
            (2) require, direct, or encourage any entity under a 
        contract or subcontract withe Secretary, or the recipient of a 
        license issued by the Secretary or financial assistance 
        provided under a program administered by the Secretary, to 
        discriminate intentionally against, or grant a preference to, 
        any person or group based in whole or in part on race, color, 
        national origin, or sex, in connection with such a contract, 
        subcontract, license, or financial assistance.
    (b) States, Territories, and Private Entities.--A State, territory, 
or private entity (including institutions of higher education (as 
defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 
1001)) that receives financial assistance through a program 
administered by the Secretary shall not, as a condition of receiving 
such funding, discriminate against, or grant a preference to, any 
person or group based in whole or in part on race, color, national 
origin, or sex--
            (1) in connection with any grant, activity, project, 
        contract (or subcontract) carried out using such funds, 
        including the salaries and expenses of any employees paid using 
        such funds; or
            (2) with respect to determining admission to any such 
        institution of higher education.
    (c) Certain Sex-Based Classifications.--Nothing in subsection (a) 
or (b) shall be construed as prohibiting or limiting any classification 
based on sex if--
            (1) the classification is applied with respect to 
        employment; and
            (2) the classification would be exempt from the 
        prohibitions of title VII of the Civil Rights Act of 1964 (42 
        U.S.C. 2000a et seq.) by reason of section 703(e)(1) of such 
        Act (42 U.S.C. 2000e-2(e)(1)).
    (d) Civil Action.--
            (1) In general.--Any person who is aggrieved by conduct 
        prohibited by subsection (a) or (b), may commence a civil 
        action in the appropriate district court of the United States 
        to obtain appropriate relief (which may include back pay), 
        against Secretary or a State, territory, or private entity 
        referred to in subsection (b).
            (2) Damages.--A prevailing plaintiff in a civil action 
        under paragraph (1) may recover reasonable attorney's fees.
            (3) Effect on other law.--The remedies available to a 
        plaintiff pursuant to a civil action under paragraph (1) shall 
        not affect any remedy available to such a plaintiff under any 
        other State or Federal law.
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