118 HR 6527 IH: Just USDA Standards and Transparency Act of 2023
U.S. House of Representatives
2023-11-30
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I
118th CONGRESS
1st Session
H. R. 6527
IN THE HOUSE OF REPRESENTATIVES
November 30, 2023
Mr. Jackson of Illinois (for himself, Mr. Thompson of Mississippi, Mr. Carter of Louisiana, Mr. Thanedar, Mr. Cohen, Ms. Tlaib, Mr. Trone, and Mr. Frost) introduced the following bill; which was referred to the Committee on Agriculture
A BILL
To enhance civil rights accountability and enforcement in the Department of Agriculture, and for other purposes.
1.

Short title
This Act may be cited as the “Just USDA Standards and Transparency Act of 2023” or the “JUST Act of 2023”.
2.

Civil rights accountability for USDA employees
(a)

In general
The Secretary of Agriculture shall ensure that appropriate corrective action is taken with respect to any official or employee of the Department of Agriculture who has been found to have engaged in any of the actions, violations, or misconduct referred to in subsection (b) while in the course of such official’s or employee’s employment or in administering a Department of Agriculture program or service—
(1)
in any administrative finding by the Department of Agriculture, including any final agency decision issued by the Assistant Secretary of Agriculture for Civil Rights and any civil rights compliance review or misconduct investigation conducted by the Department of Agriculture;
(2)
in any Federal administrative or judicial proceeding;
(3)
in any settlement with respect to civil rights;
(4)
in any audit or investigation conducted by the Office of the Inspector General of the Department of Agriculture; or
(5)
in any investigation conducted by the Office of the Special Counsel.
(b)

Covered actions, violations, or misconduct
The actions, violations, or misconduct referred to in this subsection are discriminatory actions, retaliatory actions, harassment, civil rights violations, or related misconduct, including the following:
(1)
Failure to provide a receipt for service in accordance with section 2501A(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279–1(e)) to any current or prospective applicants of, or participants in, Department of Agriculture programs.
(2)
Providing an inaccurate receipt for service under such section 2501A(e) to any such current or prospective applicants or participants.
(3)
Failure to provide appropriate information regarding relevant programs and services at the Department of Agriculture, when requested by any such current or prospective applicants or participants.
(4)
Failure to timely process applications or otherwise delaying program services to any such current or prospective applicants or participants.
(c)

Corrective action defined
In this section, the term corrective action means any action taken to respond to any of the actions, violations, or misconduct referred to in subsection (b) that—
(1)
would enhance civil rights at the Department of Agriculture, including any policy or programmatic changes to prevent similar misconduct from occurring in the future; and
(2)
may include disciplinary actions, including—
(A)
removal from Federal service;
(B)
suspension without pay;
(C)
any reduction in grade or pay; and
(D)
a letter of reprimand.
3.

Improvements to the Office of the Assistant Secretary for Civil Rights
(a)

In general
The Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912 et seq.) is amended by inserting after section 218 (7 U.S.C. 6918) the following:
“218A.

Assistant Secretary of Agriculture for Civil Rights
(a)

Establishment
The Secretary shall establish in the Department the position of Assistant Secretary of Agriculture for Civil Rights (referred to in this section as the “Assistant Secretary”).
(b)

Appointment
The Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate.
(c)

Duties
(1)

In general
The Secretary shall delegate to the Assistant Secretary responsibility for—
(A)
ensuring compliance with all civil rights and related laws by all agencies and under all programs of the Department;
(B)
coordinating administration of civil rights laws (including regulations) within the Department for employees of, and participants in, programs of the Department; and
(C)
ensuring that necessary and appropriate civil rights components are properly incorporated into all strategic planning initiatives of the Department and agencies of the Department.
(2)

Office of Legal Advisor for Civil Rights
Not later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of Legal Advisor for Civil Rights that shall—
(A)
be the sole office within the Department responsible for providing legal advice to the Assistant Secretary to—
(i)
ensure compliance with all civil rights and related laws and regulations by all agencies and under all programs of the Department; and
(ii)
carry out fair and impartial investigations of civil rights complaints;
(B)
report directly to the Assistant Secretary; and
(C)
not represent or defend the Department or any of its agencies with respect to any claims of program or employment discrimination.”.
(b)

Conforming amendments
(1)

Assistant Secretaries of Agriculture
Section 218 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6918) is amended—
(A)
in subsection (a)—
(i)
in paragraph (1), by adding “and” at the end;
(ii)
in paragraph (2), by striking “; and” at the end and inserting a period; and
(iii)
by striking paragraph (3);
(B)
in subsection (b), by striking “any position of Assistant Secretary authorized under paragraph (1) or (3) of subsection (a)” and inserting “the position of Assistant Secretary of Agriculture for Congressional Relations and Intergovernmental Affairs under subsection (a)(1)”; and
(C)
by striking subsection (c).
(2)

Termination of authority
Section 296(b)(5) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)(5)) is amended to read as follows:
“(5)
The authority of the Secretary to carry out section 218A.”.
4.

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 following:
“(f)

Equitable relief by the Assistant Secretary 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 appointed and confirmed in accordance with section 218A(b) of the Department of Agriculture Reorganization Act of 1994) 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 Assistant 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 Secretary (who may not delegate the reversal authority).
(3)

Other authority
The authority provided 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)
in subsection (g), as so redesignated, by striking “or the State Conservationist” and inserting “the State Conservationist, or the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary)”; and
(4)
in paragraph (1) of subsection (h), as so redesignated, 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 follows:
“(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)
acted in good faith and relied on an action of, or the advice of, the Secretary (including any authorized representative of the Secretary) to the detriment of the farming or ranching operation of the farmer or rancher; or
(2)
failed to comply fully with the requirements to receive a loan described in subsection (a)(1), but made a good faith effort to comply with the requirements.”;
(2)
by redesignating subsection (e) as subsection (f);
(3)
by inserting after subsection (d) the following:
“(e)

Equitable relief by the Assistant Secretary 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 appointed and confirmed in accordance with section 218A(b) of the Department of Agriculture Reorganization Act of 1994) may grant relief in accordance with subsections (a) through (d) to an individual who files a complaint with respect to civil rights regarding a direct farm ownership, operating, or emergency loan under this title.
(2)

Decisions
The decision by the Assistant 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 Secretary (who may not delegate the reversal authority).
(3)

Other authority
The authority provided 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.”; 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),”.
5.

Office of the Civil Rights Ombudsperson
Title III of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 2231b et seq.) is amended by adding at the end the following:
“310.

Office of the Civil Rights Ombudsperson
(a)

In general
Not later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of the Civil Rights Ombudsperson (in this section referred to as the “Office”) within the Department. The Office shall be independent of Department agencies and offices.
(b)

Ombudsperson designation
The Secretary shall designate a Civil Rights Ombudsperson (in this section referred to as the “Ombudsperson”) for the Office. The Ombudsperson shall be considered a senior official of the Department and have a background in civil rights enforcement.
(c)

Office personnel
The Ombudsperson shall appoint such employees as are necessary to perform the functions of the Office and for the administration of the Office.
(d)

Functions
The functions of the Office shall be—
(1)
to assist producers and other customers of Department programs in navigating the civil rights review process;
(2)
to ensure that participants (as defined in section 271) are aware of the appeals process under subtitle H of title II, including informal hearings under section 275;
(3)
to promote awareness of the Office and its responsibilities among producers and other customers of Department programs; and
(4)
to raise issues and concerns with respect to, and make recommendations to the Secretary about, equitable access or implementation of Department programs.
(e)

Access to information
(1)

In general
Subject to paragraph (2), the Secretary shall establish procedures to provide the Office access to all departmental records necessary to execute the functions of the Office under subsection (d).
(2)

Timelines
The procedures described in paragraph (1) shall include a requirement that requests from the Office for departmental records shall be fulfilled not later than 60 days after the request is made.
(f)

Annual report
Beginning not later than 1 year after the date of the enactment of this section, and annually thereafter, the Ombudsperson shall prepare and submit to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry a report on—
(1)
the activities carried out by the Office; and
(2)
the findings and recommendations of the Office with respect to equitable access or implementation of Department programs.
(g)

Authorization of appropriations
There is authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2024 through 2026.”.
6.

Burden of proof for national appeals division 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.”.