Sec. 12403. Civil rights analyses
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Subtitle A of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6911 et seq.) (as amended by section 12302(b)) is amended by adding at the end the following: In this section, the term civil rights analysis means a review to analyze and identify actions, policies, and decisions under documents described in subsection
(b)that may have an adverse or disproportionate impact on employees, contractors, or beneficiaries (including participants) of any program or activity of the Department based on the membership of the employees, contractors, or beneficiaries in a group that is protected under Federal law from discrimination in employment, contracting, or provision of a program or activity, as applicable. Before implementing any of the following action, policy, or decision documents, the Secretary shall conduct a civil rights analysis of the action, policy, or decision that is the subject of the document: New, revised, or interim rules and notices to be published in the Federal Register or the Code of Federal Regulations. Charters for advisory committees, councils, or boards managed by any agency of the Department on behalf of the Secretary. Any regulations of the Department or new or revised agency-specific instructions, procedures, or other guidance published in an agency directives system. Reductions-in-force or transfer of function proposals, including reorganization of the Department. At the discretion of the Secretary, any other policy, program, or activity documents that have potentially adverse civil rights impacts. The Assistant Secretary for Civil Rights may grant, on a case-by-case basis, an expedited civil rights analysis if the head of an agency within the Department provides a written justification for the expedited civil rights analysis. On petition by the head of any agency within the Department, the Assistant Secretary for Civil Rights may grant, on a case-by-case basis, a waiver of the civil rights analysis if the Assistant Secretary for Civil Rights determines that there is no foreseeable adverse or disproportionate impact described in subsection
(a)of the proposed action, policy, or decision document described in subsection (b). . Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States (referred to in this section as the Comptroller General ) shall conduct a study describing— the effectiveness of the Department of Agriculture in processing and resolving civil rights complaints; minority participation rates in farm programs, including a comparison of overall farmer and rancher participation with minority farmer and rancher participation by considering particular aspects of the programs of the Department of Agriculture for producers, such as ownership status, program participation, usage of permits, and waivers; the realignment the civil rights functions of the Department of Agriculture, as outlined in Secretarial Memorandum 1076–023 (March 9, 2018), including an analysis of whether that realignment has any negative implications on the civil rights functions of the Department; efforts of the Department of Agriculture to identify actions, programs, or activities of the Department of Agriculture that may adversely affect employees, contractors, or beneficiaries (including participants) of the action, program, or activity based on the membership of the employees, contractors, or beneficiaries in a group that is protected under Federal law from discrimination in employment, contracting, or provision of an action, program, or activity, as applicable; and efforts of the Department of Agriculture to strategically plan actions to decrease discrimination and civil rights complaints within the Department of Agriculture or in the carrying out of the programs and authorities of the Department of Agriculture. Not later than 60 days after the date of completion of the study under paragraph (1), the Comptroller General shall submit a report describing the results of the study to— the Committee on Agriculture of the House of Representatives; and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
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Sec. 12403
Civil rights analyses
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