Sec. 5. Equitable relief
585 words·~3 min read·
/bill/117/hr/4169/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1613 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7996 ) is amended— by redesignating subsections
(f)through
(j)as subsections
(g)through (k), respectively; by inserting after subsection
(e)the following: 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 confirmed in accordance with section 218(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6918(b) )) may grant relief in accordance with subsections
(b)through
(d)to a participant who files a civil rights program complaint. The decision by the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) to grant relief under this subsection— shall not require prior approval by any officer or employee of the Department of Agriculture; and is subject to reversal only by the Secretary (who may not delegate the reversal 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. ; 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 in paragraph
(1)of subsection (h), as so redesignated, by striking and
(e)and inserting (e), and
(f). Section 366 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008a ) is amended— by amending subsection
(b)to read as follows: The Secretary may only provide relief to a farmer or rancher under subsection
(a)if the Secretary determines that the farmer or rancher— acting in good faith, 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 failed to comply fully with the requirements of a program described in subsection (a)(1), but made a good faith effort to comply with the requirements. ; by inserting after subsection
(d)the following: 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 confirmed in accordance with section 218(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6918(b) )) may grant relief in accordance with subsections
(a)through
(d)to an individual who files a civil rights program complaint. The decision by the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) to grant relief under this subsection— shall not require prior approval by any officer or employee of the Department of Agriculture; and is subject to reversal only by the Secretary (who may not delegate the reversal 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. ; by redesignating subsection
(e)as subsection (f); and 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) .
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources