[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3838 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3838

 To appropriate funds for the final settlement of lawsuits against the 
  Federal Government for discrimination against Black Farmers and to 
provide relief for discrimination in a credit program of the Department 
         of Agriculture under the Equal Credit Opportunity Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2010

Mrs. Lincoln (for herself, Ms. Landrieu, and Mrs. Hagan) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
 To appropriate funds for the final settlement of lawsuits against the 
  Federal Government for discrimination against Black Farmers and to 
provide relief for discrimination in a credit program of the Department 
         of Agriculture under the Equal Credit Opportunity Act.

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

SECTION 1. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF CLAIMS FROM 
              IN RE BLACK FARMERS DISCRIMINATION LITIGATION.

    (a) Definitions.--In this section:
            (1) Pigford claim.--The term ``Pigford claim'' has the 
        meaning given the term in section 14012(a) of the Food, 
        Conservation, and Energy Act of 2008 (Public Law 110-246; 122 
        Stat. 2209).
            (2) Settlement agreement.--The term ``Settlement 
        Agreement'' means the settlement agreement dated February 18, 
        2010 (including any modifications agreed to by the parties and 
        approved by the court under that agreement) between certain 
        plaintiffs, by and through their counsel, and the Secretary of 
        Agriculture to resolve, fully and forever, the claims raised or 
        that could have been raised in the cases consolidated in In re 
        Black Farmers Discrimination Litigation, No. 08-511 (D.D.C.), 
        including Pigford claims asserted under section 14012 of the 
        Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 
        122 Stat. 2209).
    (b) Appropriation of Funds.--
            (1) In general.--There is hereby appropriated to the 
        Secretary of Agriculture $1,150,000,000, to remain available 
        until expended, to carry out the terms of the Settlement 
        Agreement if the Settlement Agreement is approved by a court 
        order that is or becomes final and nonappealable.
            (2) Relation to other funding.--The funds appropriated by 
        this subsection--
                    (A) are in addition to the $100,000,000 of funds of 
                the Commodity Credit Corporation made available by 
                section 14012(i) of the Food, Conservation, and Energy 
                Act of 2008 (Public Law 110-246; 122 Stat. 2212); and
                    (B) shall be available for obligation only after 
                those Commodity Credit Corporation funds are fully 
                obligated.
            (3) Effect of settlement agreement.--If the Settlement 
        Agreement is not approved as provided in this subsection, the 
        $100,000,000 of funds of the Commodity Credit Corporation made 
        available by section 14012(i) of the Food, Conservation, and 
        Energy Act of 2008 (Public Law 110-246; 122 Stat. 2212) shall 
        be the sole funding available for Pigford claims.
    (c) Use of Funds.--The use of the funds appropriated by subsection 
(b) shall be subject to the express terms of the Settlement Agreement.
    (d) Treatment of Remaining Funds.--If any of the funds appropriated 
by subsection (b) are not obligated and expended to carry out the 
Settlement Agreement, the Secretary of Agriculture shall return the 
unused funds to the Treasury and may not make the unused funds 
available for any purpose related to section 14012 of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 
2212), for any other settlement agreement executed in In re Black 
Farmers Discrimination Litigation, No. 08-511 (D.D.C.), or for any 
other purpose.
    (e) Effect of Legislation.--Nothing in this section--
            (1) requires the United States, an officer or agency of the 
        United States, or any other person to enter into the Settlement 
        Agreement or any other settlement agreement; or
            (2) creates the basis for a Pigford claim.
    (f) Conforming Amendments.--Section 14012 of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 
2209) is amended--
            (1) in subsection (c)(1)--
                    (A) by striking ``subsection (h)'' and inserting 
                ``subsection (g)''; and
                    (B) by striking ``subsection (i)'' and inserting 
                ``subsection (h)'';
            (2) by striking subsection (e);
            (3) in subsection (g), by striking ``subsection (f)'' and 
        inserting ``subsection (e)'';
            (4) in subsection (i)--
                    (A) by striking ``(i)'' and all that follows 
                through ``Of the funds'' and inserting the following:
    ``(h) Funding.--Of the funds'';
                    (B) by striking ``subsection (g)'' and inserting 
                ``subsection (f)''; and
                    (C) by striking paragraph (2);
            (5) by striking subsection (j); and
            (6) by redesignating subsections (f), (g), (h), and (k) as 
        subsections (e), (f), (g), and (i), respectively.

SEC. 2. RELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF THE DEPARTMENT 
              OF AGRICULTURE UNDER THE EQUAL CREDIT OPPORTUNITY ACT.

    (a) Definitions.--In this section:
            (1) Eligible complaint.--The term ``eligible complaint'' 
        means any written complaint--
                    (A) that is not employment related;
                    (B) that was filed with the Department of 
                Agriculture after December 31, 1997, and before the 
                earlier of--
                            (i) 2 years after the date of the alleged 
                        violation of the Equal Credit Opportunity Act 
                        (15 U.S.C. 1691); and
                            (ii) the date of the enactment of this Act;
                    (C) with respect to which the complainant--
                            (i) was not a party to the consent decree 
                        in the case entitled ``Pigford v. Glickman'', 
                        approved by the United States District Court 
                        for the District of Columbia on April 14, 1999; 
                        and
                            (ii) has not obtained relief from the 
                        Department of Agriculture or a court of 
                        competent jurisdiction; and
                    (D) does not arise from the same causes of action 
                addressed in the Settlement Agreement (as defined in 
                section 1(a)).
            (2) Filing period.--The term ``filing period'' means the 2-
        year period beginning on the date of enactment of this Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Authorization.--To the extent permitted by the Constitution, 
and notwithstanding any other period of limitations, in the case of an 
eligible complaint alleging discrimination in violation of the Equal 
Credit Opportunity Act (15 U.S.C. 1691) involving a credit program of 
the Department of Agriculture, a complainant may, before the end of the 
filing period--
            (1) file a civil action under subsection (c); or
            (2) request administrative review under subsection (d).
    (c) Civil Action.--A civil action may be filed under this 
subsection if, with respect to the eligible complaint, the 
complainant--
            (1) has not requested administrative review; or
            (2) has requested administrative review, and the Secretary, 
        with respect to each request, has either--
                    (A) issued a determination; or
                    (B) failed to issue a determination by a date that 
                is 180 days after the date on which the request was 
                made.
    (d) Administrative Review.--Administrative review may be requested 
under this subsection as follows:
            (1) Determination on the merits.--A complainant may request 
        a determination on the merits if the complainant, with respect 
        to the eligible complaint, has not filed a civil action.
            (2) Hearing on the record.--A complainant may request a 
        hearing on the record if the complainant, with respect to the 
        eligible complaint--
                    (A) has not filed a civil action;
                    (B) has requested a determination on the merits, 
                and the Secretary has not issued such determination by 
                the issuance deadline in subsection (f)(2)(A); and
                    (C) requests such hearing not later than 180 days 
                after the issuance deadline in subsection (f)(2)(A).
    (e) Settlement.--Notwithstanding any other provision of this 
section, the Secretary may settle an eligible complaint with a 
complainant.
    (f) Special Rules for Administrative Review.--For purposes of this 
section:
            (1) Requests for administrative review.--A request for 
        administrative review shall be--
                    (A) in writing; and
                    (B) filed in accordance with procedures established 
                by the Secretary.
            (2) Responsibility of secretary.--If a complainant requests 
        a determination on the merits under subsection (d)(1), then, 
        unless a complainant, with respect to the eligible complaint, 
        files a civil action or requests a hearing on the record, the 
        Secretary shall, with respect to the eligible complaint, take 
        the following actions:
                    (A) Issuance of determination.--The Secretary 
                shall, not later than an issuance deadline that is 1 
                year after the date on which the complainant requests a 
                determination on the merits--
                            (i) investigate the eligible complaint; and
                            (ii) issue a written determination.
                    (B) Notice of failure to issue timely 
                determination.--If the Secretary does not issue a 
                written determination by the issuance deadline in 
                subparagraph (A), the Secretary shall promptly issue to 
                the complainant, in writing and by registered mail, 
                notice--
                            (i) that the Secretary has not issued a 
                        timely determination; and
                            (ii) of the period of time during which the 
                        complainant may bring a civil action or request 
                        a hearing on the record.
            (3) Finality of determination with respect to hearing on 
        the record.--A determination with respect to a hearing on the 
        record shall be final.
            (4) Judicial review of administrative determination.--A 
        determination on the merits or a determination with respect to 
        a hearing on the record shall be subject to de novo review.
    (g) Filing Period.--The running of the filing period, for the 
purpose of filing a civil action under subsection (c) or requesting a 
hearing on the record under subsection (d)(2), shall be tolled for the 
period that, with respect to the eligible complaint--
            (1) begins on the date of a request for a determination on 
        the merits; and
            (2) ends on the date on which the Secretary issues a 
        determination with respect to a determination on the merits or 
        a hearing on the record.
    (h) Relief.--
            (1) Amount.--Subject to paragraph (2), a complainant shall, 
        under subsection (b), and may, under subsection (e), be awarded 
        such relief as the complainant would be afforded under the 
        Equal Credit Opportunity Act (15 U.S.C. 1691), including--
                    (A) actual damages;
                    (B) the costs of the action, together with a 
                reasonable attorney's fee; and
                    (C) debt relief, including--
                            (i) write-downs or write-offs of the 
                        principal on a loan;
                            (ii) write-downs or write-offs of the 
                        interest on a loan;
                            (iii) reduction of the interest rate on a 
                        loan;
                            (iv) waiver or reduction of penalties with 
                        respect to a loan; or
                            (v) other modification of the terms of a 
                        loan.
            (2) Limitations on relief.--
                    (A) In general.--The total amount awarded under 
                this section for all claims shall not exceed 
                $100,000,000.
                    (B) Actual damages, costs, and attorney's fees.--
                The sum of the total amount awarded under paragraph 
                (1)(A) for all claims, plus the total amount awarded 
                under paragraph (1)(B) for all claims, shall not exceed 
                $40,000,000.
                    (C) Debt relief.--The total amount awarded under 
                paragraph (1)(C) for all claims shall not exceed 
                $60,000,000.
            (3) Exemption from taxation.--Any award under clauses (ii), 
        (iii), or (iv) of subparagraph (C) of paragraph (1) shall not 
        be included in gross income for purposes of chapter 1 of the 
        Internal Revenue Code of 1986.
    (i) Funding.--There is hereby appropriated to the Secretary, for 
relief awarded under subsection (h)(1), $100,000,000, to remain 
available until expended.
                                 <all>