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Code · BILL · 118th Congress · S. 5335 (Introduced in Senate) — To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture throug... · Sec. 12206

Sec. 12206. Equitable relief recommendations by the Assistant Secretary for Civil Rights

684 words·~3 min read·/bill/118/s/5335/is/section-12206

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Section 1613 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7996 ) is amended— by redesignating subsections (f), (g), and
(h)as subsections (g), (h), and (k), respectively; by inserting after subsection
(e)the following: The Assistant Secretary for Civil Rights (or a designee of the Secretary in the Office of the Assistant Secretary for Civil Rights, if no Assistant Secretary for Civil Rights is appointed and confirmed in accordance with section 218(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6918(b) )) may recommend that the Secretary grant relief in accordance with subsections
(b)through
(d)to a participant who files a civil rights program complaint. The Secretary shall provide a written explanation describing in detail why equitable relief was not granted to a participant who filed a civil rights program complaint if the Assistant Secretary for Civil Rights (or the designee of the Secretary) makes a recommendation to the Secretary to grant relief to that participant in accordance with paragraph
(1)and such relief was not granted. The authority provided to the Assistant Secretary 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 to the Assistant Secretary for Civil Rights by law or by the Secretary. ; and in subsection
(h)(as so redesignated)— in paragraph (1), by striking and
(e)and all that follows through the semicolon and inserting and (e), the number of recommendations for equitable relief under subsection (f), and the dispositions of those requests and those recommendations; ; and in paragraph (2), by striking for equitable relief and all that follows through the period at the end and inserting and recommendations for equitable relief under section 366 of the Consolidated Farm and Rural Development Act ( . 7 U.S.C. 2008a ) and the disposition of those requests and those recommendations. Section 366 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008a ) is amended— by striking subsection
(b)and inserting the following: The Secretary may only provide relief to a farmer or rancher under subsection
(a)if the Secretary determines that the farmer or rancher— 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 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; and is otherwise in compliance with the eligibility requirements for a direct farm ownership loan under subtitle A, a direct operating loan under subtitle B, or an emergency loan under subtitle C. ; by redesignating subsection
(e)as subsection (f); and by inserting after subsection
(d)the following: The Assistant Secretary for Civil Rights (or a designee of the Secretary in the Office of the Assistant Secretary for Civil Rights, if no Assistant Secretary for Civil Rights is appointed and confirmed in accordance with section 218(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6918(b) )) may recommend that the Secretary 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. The Secretary shall provide a written explanation describing in detail why equitable relief was not granted to an individual who filed a complaint described in paragraph
(1)if the Assistant Secretary for Civil Rights (or the designee of the Secretary) makes a recommendation to the Secretary to grant relief to the individual in accordance with paragraph
(1)and such relief was not granted. The authority provided to the Assistant Secretary 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 to the Assistant Secretary for Civil Rights by law or by the Secretary. .
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cites case law
Sec. 12206
Equitable relief recommendations by the Assistant Secretary for Civil Rights
U.S.C.§ 7996
U.S.C.§ 6918
U.S.C.§ 2008a
Cites 3Cited by 0 across 0 sources
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