S.Amdt. 2431

1. Adds SEC. 12__. CIVIL RIGHTS COMPLAINTS AGAINST THE DEPARTMENT OF AGRICULTURE at the end of the bill

   Adds a section

   In S. 3240 · Placed on Calendar Senate

   (2) commence consultation with the Secretary of the Interior to complete the collection and removal of Canada geese from the applicable National Park Service land to ensure that the removal is completed by not later than August 1, 2012.

   Inserted: SEC. 12__. CIVIL RIGHTS COMPLAINTS AGAINST THE DEPARTMENT OF AGRICULTURE.

   Inserted: Section 14010 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2279 2) is amended--

   Inserted: (1) by striking the section enumerator and heading and all that follows through "Each year" and inserting the following:

   Inserted: "SEC. 14010. CIVIL RIGHTS COMPLAINTS AGAINST THE DEPARTMENT OF AGRICULTURE.

   Inserted: "(a) Required Reports and Submissions.--Each year";

   Inserted: (2) in paragraph (1)--

   Inserted: (A) in subparagraph (C), by striking "and" at the end;

   Inserted: (B) in subparagraph (D), by adding "and" at the end; and

   Inserted: (C) by adding at the end the following:

   Inserted: "(E) the number of claims that have not been resolved during the 270-day period beginning on the date of acknowledgment of receipt of the claim by the agency;";

   Inserted: (3) in paragraph (2), by striking "and" at the end;

   Inserted: (4) in paragraph (3), by striking the period at the end and inserting "; and"; and

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   Inserted: (5) by adding at the end the following:

   Inserted: "(3) submit to each Senator and Member of Congress a list that--

   Inserted: "(A) identifies the number of constituents in the State or district of the Senator or Member that have outstanding civil rights claims that have been pending for more than 270 days since the date of acknowledgment of receipt of a formal complaint by the Department of Agriculture; and

   Inserted: "(B) includes the number of claims that are outstanding for each 60-day interval beyond the 270-day period.

   Inserted: "(c) Required Submissions to Claimant.--As soon as practicable after the expiration of the 270-day period beginning on the date of acknowledgment of receipt of a civil rights claim by the Department of Agriculture, if the claim remains outstanding, the Secretary shall submit to the claimant of the outstanding civil rights claim the estimated time of resolution for the claim.

   Inserted: "(d) Timeline for Response and Resolution.--

   Inserted: "(1) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall accept or deny all formal civil rights complaints sent by registered mail or delivered in person for processing during the 45-day period beginning on the date of receipt of the complaint.

   Inserted: "(2) Failure to accept complaint.--

   Inserted: "(A) In general.--If the Secretary refuses to accept a complaint as a formal civil rights complaint, the complainant may appeal the intake decision during the 15-day period beginning on the date of the disputed intake through the office of the Assistant Secretary for Administration of the Department of Agriculture.

   Inserted: "(B) Required response.--The Assistant Secretary for Administration shall respond not later than 45 days after the date on which an appeal is filed under subparagraph (A) on acceptance or denial of the formal complaint process.

   Inserted: "(3) Resolution of claims.--

   Inserted: "(A) In general.--Except as provided in subparagraph (B), the Secretary shall resolve all civil rights claims during the 270-day period beginning on the date of acknowledgment of delivery of the complaint by registered mail or in person.

   Inserted: "(B) Exceptions.--

   Inserted: "(i) Alternative dispute resolution.--Notwithstanding subparagraph (A), in a case in which the claimant has pursued the option of alternative dispute resolution with the Secretary, the 270-day period shall not begin until--

   Inserted: "(I) the claimant terminates the alternative dispute resolution process in writing to the Department of Agriculture; and

   Inserted: "(II)(aa) the Department has acknowledged receipt of the claim; or

   Inserted: "(bb) the Postal Service verifies that the complaint has been delivered by registered mail.

   Inserted: "(ii) Pending criminal investigation.--Notwithstanding subparagraph (A), in a case in which a criminal investigation is pending with respect to the claims, the 270-day period shall not begin until the pending criminal investigation has been concluded.

   Inserted: "(C) Failure to resolve.--

   Inserted: "(i) In general.--If a civil rights claim is not resolved during the 270-day period, the Secretary shall provide to the claimant, in accordance with subsections (a)(3) and (b)--

   Inserted: "(I) an explanation of the reason for delay;

   Inserted: "(II) an explanation of the remaining process that is required for the resolution of the claim;

   Inserted: "(III) a description of any items necessary for review; and

   Inserted: "(IV) an estimated time for resolution of the claim.

   Inserted: "(ii) Protection of confidential information.--An explanation of the reason for delay under clause (i) shall not include confidential information relating to the claim that would interfere with potential or ongoing court proceedings.

   Inserted: "(4) Appeal of finding of discrimination.--

   Inserted: "(A) In general.--For any civil rights claim in which discrimination is found under this section, the claimant may file an appeal of the finding with the Assistant Secretary for Administration.

   Inserted: "(B) Action by assistant secretary for administration.--Not later than 180 days after the date on which an appeal is filed under subparagraph (A), the Assistant Secretary for Administration shall respond to the appeal by issuing an acceptance or denial of the finding.

   Inserted: "(e) Periodic Audits Conducted by Inspector General of the Department of Agriculture.--Not later than 2 years after the date of enactment of this subsection and not less frequently than every 3 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit of each activity taken by the Secretary under this section for the period covered by the audit to determine compliance with this section.".

   Original wording

   At the end of the bill, add the following:

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As printed