1.Appropriation of funds for
final settlement of claims from In re Black Farmers Discrimination
Litigation
(a)In this section:
(1)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)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)
(1)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 fundingThe 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 AgreementIf 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)The use of the funds appropriated by subsection (b) shall
be subject to the express terms of the Settlement Agreement.
(d)Treatment of
remaining fundsIf 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)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)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)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.
2.Relief for
discrimination in a credit program of the Department of Agriculture under the
Equal Credit Opportunity Act
(a)In
this section:
(1)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)The term filing
period means the 2-year period beginning on the date of enactment of
this Act.
(3)The
term Secretary means the Secretary of Agriculture.
(b)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)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
may be requested under this subsection as follows:
(1)Determination on
the meritsA complainant may
request a determination on the merits if the complainant, with respect to the
eligible complaint, has not filed a civil action.
(2)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)Notwithstanding any other provision of this
section, the Secretary may settle an eligible complaint with a
complainant.
(f)Special rules
for administrative reviewFor
purposes of this section:
(1)Requests for
administrative reviewA
request for administrative review shall be—
(A)in writing; and
(B)filed in accordance with procedures
established by the Secretary.
(2)Responsibility
of secretaryIf 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
determinationThe 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 determinationIf 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 recordA determination with respect to a hearing
on the record shall be final.
(4)Judicial review
of administrative determinationA determination on the merits or a
determination with respect to a hearing on the record shall be subject to de
novo review.
(g)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)
(1)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)
(A)The total amount
awarded under this section for all claims shall not exceed $100,000,000.
(B)Actual damages,
costs, and attorney’s feesThe 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)The total amount
awarded under paragraph (1)(C) for all claims shall not exceed
$60,000,000.
(3)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)There
is hereby appropriated to the Secretary, for relief awarded under subsection
(h)(1), $100,000,000, to remain available until expended.