H.R. 3685 — JUST Act of 2025

This section requires the Secretary of Agriculture to ensure appropriate corrective action against any Department of Agriculture official or employee found—through specified administrative, judicial, settlement, audit, or investigative proceedings—to have engaged in discriminatory actions, retaliatory actions, harassment, civil rights violations, or related misconduct while administering USDA programs or services. Covered misconduct includes (1) failure to provide a receipt for service under 7 U.S.C. 2279-1(e) to current or prospective program applicants or participants; (2) providing an inaccurate such receipt; (3) failure to provide appropriate information on relevant USDA programs and services when requested by such applicants or participants; and (4) failure to timely process applications or delaying program services to such applicants or participants. Corrective action encompasses measures to enhance USDA civil rights compliance—including policy or programmatic changes to prevent recurrence—and may include employee disciplinary actions such as removal from federal service, suspension without pay, reduction in grade or pay, or a letter of reprimand.

This section removes the optional Assistant Secretary of Agriculture for Civil Rights position from the list of authorized assistant secretary positions under section 218 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6918), strikes the associated duties provision, and limits Senate confirmation requirements to the Assistant Secretary for Congressional Relations and Intergovernmental Affairs. The section inserts a new section 218A that (1) mandates establishment of an Assistant Secretary of Agriculture for Civil Rights, appointed by the President with Senate confirmation; (2) delegates to that position responsibility for ensuring Department of Agriculture (USDA) compliance with civil rights laws across all agencies and programs, coordinating civil rights administration for USDA employees and program participants (e.g., farmers and other beneficiaries of federal agriculture assistance), and incorporating civil rights into USDA strategic planning; and (3) requires the Secretary, within 120 days of enactment, to establish an Office of Legal Advisor for Civil Rights as the sole office providing legal advice to the Assistant Secretary on civil rights compliance and investigations, reporting directly to the Assistant Secretary, and prohibiting it from representing or defending USDA or its agencies on program or employment discrimination claims. (Thus, the changes make the position mandatory rather than optional and enhance its independence through dedicated, non-defensive legal support.) The section also amends section 296(b)(5) of the act (7 U.S.C. 7014(b)(5)) to reference the new section 218A authority.

This section revises the limitation on equitable relief for farmers or ranchers determined to be noncompliant with direct farm ownership, operating, or emergency loan requirements under the Consolidated Farm and Rural Development Act (7 U.S.C. 2008a) by allowing relief if they either (1) acted in good faith and relied on an action or advice of the Secretary to the detriment of their operation or (2) made a good faith effort to comply (previously, both conditions required). It authorizes the Assistant Secretary of Agriculture for Civil Rights (or designee) to grant such relief—or relief from ineligibility for loans, payments, or other benefits under specified farm programs (7 U.S.C. 7996)—to individuals filing civil rights complaints related to those loans or benefits, with decisions requiring no prior departmental approval, reversible only by the Secretary (non-delegable), and in addition to other authorities. (Thus, such decisions are final and not subject to administrative appeal or judicial review.)

This section establishes an Office of the Civil Rights Ombudsperson within USDA, independent of other department agencies and offices, to be created not later than 120 days after enactment. The Secretary must designate a Civil Rights Ombudsperson as a senior official with a civil rights enforcement background, who may appoint necessary staff and has access to all departmental records within 60 days of request. The office's functions are (1) to assist producers and other customers of USDA programs in navigating the civil rights review process; (2) to ensure participants 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 among producers and customers; and (4) to raise issues and make recommendations to the Secretary on equitable access to and implementation of USDA programs. (Thus, the office supports civil rights compliance and dispute resolution for farmers and program participants.) Beginning one year after enactment and annually thereafter, the Ombudsperson must report to the House and Senate Agriculture Committees on office activities and recommendations. The section authorizes appropriations of such sums as necessary for FY2026 through FY2028.

This section revises the burden of proof in National Appeals Division (NAD) hearings on adverse USDA decisions by placing it on the agency to prove by substantial evidence that the decision was valid (previously, on the appellant). (The NAD provides farmers, ranchers, and other program participants an independent forum to appeal adverse agency actions in farm, conservation, and disaster assistance programs.)