[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4264 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4264

To provide for resolution of certain discrimination claims against the 
           Department of Agriculture, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 10, 2009

Ms. DeLauro (for herself and Ms. Eshoo) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
to the Committees on Agriculture and Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To provide for resolution of certain discrimination claims against the 
           Department of Agriculture, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equality for Women Farmers Act''.

SEC. 2. RESOLUTION OF CERTAIN DISCRIMINATION CLAIMS AGAINST THE 
              DEPARTMENT OF AGRICULTURE.

    (a) Notice to Potential Claimants.--
            (1) In general.--Within 120 days after the date of the 
        enactment of this Act, the Secretary shall attempt to notify 
        each person who may be an eligible claimant of the opportunity, 
        during the 3-year period that begins with such date of 
        enactment, to submit a claim under this section for damages 
        resulting from discrimination described in section 6(4).
            (2) Methods.--The Secretary shall provide the notice--
                    (A) by United States mail and electronic mail, to 
                each such person whose address can be determined from 
                the records of the Department or records provided by 
                counsel for eligible claimants; and
                    (B) by posting in public places, such as local Farm 
                Service Agency offices and on the website of the 
                Department, in a manner designated to reach all such 
                persons.
    (b) Submission of Claims.--A person desiring to submit a claim 
under this section shall file with the Special Master a sworn statement 
that contains the following:
            (1) The full name of the person.
            (2) The mailing address of the person.
            (3) To the best of the person's ability, each date in the 
        claims period on which the person requested from, or submitted 
        to, the Department an application for a farm loan, farm loan 
        servicing, or a disaster loan.
            (4) With respect to each such request or submission--
                    (A) the identity of the office of the Department to 
                which the request or submission was originally made;
                    (B) the type of loan or loan servicing sought, 
                including a copy of any document submitted;
                    (C) the amount of damages suffered by the person as 
                a result of the failure of the Department to provide, 
                act on, or approve (in whole or in part) the 
                application; and
                    (D) a claim for compensation for the damages.
    (c) Processing of Claims.--
            (1) Personnel.--
                    (A) FMCS appointees.--
                            (i) Special master.--Within 60 days after 
                        the date of the enactment of this Act, the 
                        Federal Mediation and Conciliation Service (in 
                        this subparagraph referred to as the ``FMCS'') 
                        shall appoint a Special Master to process, 
                        review, and adjudicate claims under this 
                        section.
                            (ii) Assistant special masters.--At the 
                        request of the Special Master, the FMCS shall 
                        designate assistant special masters, as 
                        necessary, to assist the Special Master in 
                        processing, reviewing, and adjudicating claims 
                        under this section.
                            (iii) Compensation.--From funds made 
                        available to carry out this section, the 
                        Special Master and any assistant special 
                        masters designated under this paragraph shall 
                        be paid on an hourly basis, consistent with the 
                        payment processes and procedures of the FMCS, 
                        for services provided under this section.
                    (B) Departmental employees.--On request of the 
                Special Master, the Secretary may detail employees of 
                the Office of Civil Rights of the Department to assist 
                persons who request assistance in submitting claims 
                under this section.
            (2) Procedure for review of claims.--
                    (A) Deadline for claims submission.--An award under 
                this section may not be made with respect to a claim 
                submitted after the 3-year period that begins with the 
                date of the enactment of this section.
                    (B) Expeditious claims review.--The Special Master 
                shall process, review, and adjudicate claims under this 
                section as expeditiously as possible.
                    (C) Evidentiary rules.--
                            (i) In general.--The Special Master may 
                        permit a claimant to present evidence and 
                        testimony to substantiate a claim under this 
                        section.
                            (ii) Inapplicability of certain rules.--The 
                        Federal Rules of Civil Procedure, the Federal 
                        Rules of Evidence, section 554 of title 5, 
                        United States Code, and the legal standards and 
                        precedents otherwise required to state a 
                        legally cognizable prima facie discrimination 
                        case in the courts of the United States shall 
                        not apply to a claim under this section.
                    (D) Publication of claims procedures.--Within 90 
                days after the date of the enactment of this Act, the 
                Special Master shall cause to have published in the 
                Federal Register the procedures and criteria to be used 
                in reviewing and adjudicating claims under this 
                section.
                    (E) Implementation of procedures and criteria.--The 
                procedures and criteria shall be established and 
                implemented so as to effectuate the remedial purpose of 
                giving each claimant the opportunity to obtain full 
                relief for past discrimination.
    (d) Adjudication of Claim of Gender Discrimination in Denial, or 
Failure To Provide Notice of Action on, an Application for a Farm Loan, 
Farm Loan Servicing, or a Disaster Loan.--The Special Master shall 
award $5,000 to an eligible claimant who has submitted a claim under 
this section, for each calendar year in the claims period with respect 
to which--
            (1) the claim includes an allegation that the Secretary 
        denied a request from the claimant for an application for a 
        farm loan, farm loan servicing, or a disaster loan, or failed 
        to notify the claimant of any action taken by the Department on 
        such an application submitted by the claimant, on the basis of 
        the gender of the claimant; and
            (2) the Secretary fails to prove by a preponderance of the 
        evidence that the allegation is false.
    (e) Adjudication of Claim of Gender Discrimination in Denial of 
Farm Loan, Farm Loan Servicing, or Disaster Loan.--
            (1) In general.--In addition to any amount awarded under 
        subsection (d), the Special Master shall award an amount 
        determined in accordance with paragraph (2) of this subsection 
        to an eligible claimant who has submitted a claim under this 
        section in which there is an allegation that the Secretary 
        denied an application by the claimant for a farm loan, farm 
        loan servicing, or a disaster loan on the basis of gender of 
        the claimant, if the Special Master finds that the 
        discrimination occurred.
            (2) Determination of award amount.--In determining the 
        amount to award a claimant under paragraph (1), the Special 
        Master shall presume that the amount to be awarded is $109,000, 
        and shall increase or decrease the amount, as appropriate, 
        based on factors to be determined by the Special Master, 
        including--
                    (A) the duration of ownership or operation of a 
                farm by the claimant;
                    (B) the type of farming operation of the claimant;
                    (C) the past production by the claimant of 
                agricultural products;
                    (D) the availability of contemporaneously created 
                documents and witness testimony concerning the 
                allegations of discrimination made by the claimant;
                    (E) the inappropriateness of the conduct of 
                employees of the Department with regard to the 
                claimant; and
                    (F) the damages suffered by the claimant.
    (f) Attorney's Fees.--
            (1) Counsel for plaintiffs and class members in love v. 
        vilsack.--Within 120 days after the date of the enactment of 
        this Act, counsel of record for the plaintiffs and putative 
        class members at the time of the filing of the complaints in 
        Love v. Vilsack, C.A. No. 1:00-CV-02502 (U.S. District Court 
        for the District of Columbia) may present to the Special Master 
        a petition for reasonable compensation for all services the 
        counsel have provided to the plaintiffs and putative class 
        members from calendar year 2000 through the date the petition 
        is presented, which shall be determined by the Special Master 
        in accord with the legal precedents of the United States Court 
        of Appeals for the District of Columbia Circuit pertaining to 
        awards of attorneys' fees for the litigation of actions where a 
        favorable result is obtained for the common benefit of a class.
            (2) Other counsel.--The Special Master may, in accordance 
        with procedures and guidelines established by the Special 
        Master, award fees to counsel who represent a claimant in a 
        proceeding under this section, not exceeding $10,000 per 
        claimaint, for services the counsel have provided to the 
        claimant in connection with the proceeding, regardless of 
        whether the claimant receives an award under this section.
    (g) Finality of Determinations.--An adjudication of a claim under 
this section shall be final and not reviewable by any court.
    (h) Acceptance of Award Constitutes Satisfaction of All Claims of 
Discrimination During the Claims Period.--A claimant who accepts an 
award under this section may not bring or pursue an action in any 
Federal or State court, or an administrative proceeding, for damages 
based on any claim of discrimination by the Department on the basis of 
gender in the issuance or review of an application for a farm loan, 
farm loan servicing, or a disaster loan during the claims period.
    (i) Award Exempt From Federal Taxation.--An award under this 
section shall be exempt from taxation under the Internal Revenue Code 
of 1986.
    (j) Reports to the Congress.--On each anniversary of the date of 
the enactment of this Act, the Special Master shall submit to the 
Committees on Agriculture and on Appropriations of the House of 
Representatives and the Committees on Agriculture, Nutrition, and 
Forestry and on Appropriations of the Senate a report (with a copy to 
the Department) regarding--
            (1) the number of claims made under this section;
            (2) the number of the claims that have been adjudicated 
        under this section; and
            (3) the total of the amounts awarded under this section.
    (k) Appropriation.--Out of any funds in the Treasury of the United 
States not otherwise appropriated, there are appropriated 
$4,500,000,000, without fiscal year limitation, for payment by the 
Special Master to carry out this section.
    (l) Definitions.--In this section:
            (1) Damages.--The term ``damages'' includes economic loss.
            (2) Special master.--The term ``Special Master'' means the 
        Special Master appointed under subsection (c)(1)(A)(i).

SEC. 3. REMEDIAL MEASURES.

    (a) Limitation on Foreclosures.--During the 3-year period that 
begins with the date of the enactment of this Act, the Secretary may 
not initiate foreclosure on collateral or secured property, assist any 
creditor or any State in connection with a foreclosure on collateral or 
secured property, or expend any money relating to foreclosure or sale 
of collateral or secured property, of an eligible claimaint.
    (b) Processing of Applications for Farm Loan, Farm Loan Servicing, 
or Disaster Benefit.--
            (1) Eligibility determinations.--The Secretary shall 
        approve an application for a farm loan, farm loan servicing, or 
        a disaster benefit submitted by an eligible claimant in the 3-
        year period that begins with the date of the enactment of this 
        Act, unless the Secretary establishes, by clear and convincing 
        evidence, that the eligible claimaint does not satisfy the 
        published, objective eligibility criteria for the farm loan, 
        farm loan servicing, or disaster loan, as the case may be.
            (2) Deadline to provide notice of reasons for denial; 
        effect of failure comply with deadline.--Within 30 days after 
        the Secretary denies an application submitted pursuant to 
        paragraph (1), the Secretary shall provide the applicant with 
        the documentation on the basis of which the application was 
        denied. If the Secretary fails to comply with the preceding 
        sentence, the application is deemed approved.
            (3) Opportunity of applicant to submit additional 
        documentation.--Within 20 days after the Secretary complies 
        with the 1st sentence of paragraph (2), the applicant may 
        provide the Secretary with additional information in support of 
        the application.
            (4) Reconsideration of application.--Within 20 days after 
        the earlier of the date the Secretary receives the additional 
        information, the Secretary shall reconsider the application on 
        the basis of the additional information.
            (5) Action on reconsidered application.--The Secretary 
        shall approve an application submitted pursuant to paragraph 
        (1) with respect to which the applicant has provided additional 
        information, unless the Secretary concludes by clear and 
        convincing evidence that the applicant is ineligible for the 
        farm loan, farm servicing, or disaster loan involved, based on 
        the published, objective eligibility criteria for the farm 
        loan, farm servicing, or disaster loan, as the case may be.
            (6) Notice of denial of reconsidered application.--Within 
        30 days after an application is denied pursuant to paragraph 
        (5), the Secretary shall provide the applicant with written 
        notice of the denial, including the specific reason for the 
        denial.
    (c) Other Remedial Measures.--The Secretary shall--
            (1) install and maintain recordkeeping systems that 
        document each contact between a farmer and the Department;
            (2) establish community-based outreach programs to assist 
        socially disadvantaged farmers in applying for farm loan and 
        farm loan servicing programs;
            (3) implement an effective method to achieve transparency 
        in the administration of the loan and loan servicing programs 
        of the Department to facilitate evaluation of whether the 
        fundamental reforms are expeditiously and effectively 
        implemented; and
            (4) establish an efficient and effective system for 
        processing discrimination complaints of socially disadvantaged 
        farmers.
    (d) Report on Implementation of Remedial Measures.--Within 6 months 
after the date of the enactment of this Act, the Secretary shall submit 
to the Congress a report on the status of implementation of the 
remedial measures described in subsections (b) and (c).

SEC. 4. GAO AUDIT.

    (a) In General.--The Comptroller General shall conduct an audit of 
the administration of farm loan and benefit programs by the Farm 
Service Agency, to--
            (1) identify data that must be collected to determine 
        whether the Department is providing equal access to all 
        programs;
            (2) determine whether the technology used by the Department 
        is adequate to collect and store the data, and--
                    (A) if the technology is adequate for such purpose, 
                shall determine the reasons why the technology is not 
                being used properly; or
                    (B) if the technology is not adequate for such 
                purpose, shall identify the technology necessary to 
                adequately collect and store the data.
    (b) Report to the Congress.--Within 1 year after the date of the 
enactment of this Act, the Comptroller General shall submit to the 
Committees on Agriculture and on Appropriations of the House of 
representatives and the Committees on Agriculture, Nutrition, and 
Forestry, and on Appropriations of the Senate a report on the findings 
of the audit conducted under subsection (a).

SEC. 5. ANNUAL REPORTS ON DENIAL OF REQUESTS FOR APPLICATIONS FOR FARM 
              LOANS, LOAN SERVICING, OR DISASTER BENEFITS, OR OF 
              APPLICATIONS THEREFOR.

    (a) In General.--Not later than March 1 of each year, the Secretary 
shall submit to the Congress a report which summarizes the following 
information on each person whose request for an application for a farm 
loan, farm loan servicing, or a disaster loan, or whose application for 
a farm loan, farm loan servicing, or a disaster loan, was denied in the 
12-month period covered by the report:
            (1) The gender of the person.
            (2) The race of the person.
            (3) The national origin of the person.
            (4) Whether the person is an Indian or a member of an 
        Indian tribe.
            (5) The amount of time that elapsed from the date the 
        request or application was made to the date of the denial.
            (6) The location of the office that denied the request or 
        application.
            (7) All information taken into account in the denial.
    (b) No Personally Identifiable Information.--The report shall not 
contain any information that identifies any person referred to in 
subsection (a).
    (c) Definitions of Indian and Member of an Indian Tribe.--In this 
section, the terms ``Indian'' and ``member of an Indian tribe'' shall 
have the same meanings given the terms, respectively, in paragraphs (1) 
and (2) of section 2 of the Tribally Controlled College or University 
Assistance Act of 1978.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Claims period.--The term ``claims period'' means the 
        period that began on January 1, 1981, and ended on the date of 
        the enactment of this Act.
            (2) Department.--The term ``Department'' means the 
        Department of Agriculture.
            (3) Disaster loan.--The term ``disaster loan'' means a loan 
        under subtitle C of the Consolidated Farm and Rural Development 
        Act.
            (4) Eligible claimant.--The term ``eligible claimant'' 
        means any person who claims that she was discriminated against, 
        on the basis of gender, in the issuance or review of an 
        application for a farm loan, farm loan servicing, or a disaster 
        loan, during the claims period.
            (5) Farm.--The term ``farm'' includes a ranch.
            (6) Farm loan.--The term ``farm loan'' means a loan under 
        subtitle A or B of the Consolidated Farm and Rural Development 
        Act.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (8) Socially disadvantaged farmer.--The term ``socially 
        disadvantaged farmer'' has the meaning given the term 
        ``socially disadvantaged farmer or rancher'' in section 
        355(e)(2) of the Consolidated Farm and Rural Development Act.
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