Just USDA Standards and Transparency Act of 2025
A BILL
To enhance civil rights accountability and enforcement in the Department of Agriculture, and for other purposes.
Sec. 2 Civil rights accountability for USDA employees
Sec. 3 Improvements to the Office of the Assistant Secretary for Civil Rights
“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.”
“(5) The authority of the Secretary to carry out section 218A.”
Sec. 4 Equitable relief
“(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.”
“(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.”
“(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.”
Sec. 5 Office of the Civil Rights Ombudsperson
“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 2026 through 2028.”
Sec. 6 Burden of proof for national appeals division hearings
“(4) Burden of proof—The agency shall bear the burden of proving by substantial evidence that the adverse decision of the agency was valid.”