[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.
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