TITLE III--UNEMPLOYMENT AND OTHER EMERGENCY NEEDS
CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT
DEPARTMENT OF AGRICULTUREGeneral Provision, This Chapter
RELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF THE DEPARTMENT OF AGRICULTURE UNDER THE EQUAL CREDIT OPPORTUNITY ACT
Sec. 3101. (a) In General- 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). (b) Eligible Complaint- For purposes of this section, the term `eligible complaint' means any written complaint-- (1) that is not employment related; (2) that was filed with the Department of Agriculture after December 31, 1997, and before the earlier of-- (A) 2 years after the date of the alleged violation of the Equal Credit Opportunity Act; and (B) the date of the enactment of this Act; and (3) with respect to which the complainant-- (A) 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 (B) has not obtained relief from the Department of Agriculture or a court of competent jurisdiction. (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 such 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 no later than 180 days after the issuance deadline in subsection (f)(2)(A). (e) Informal Resolution- Notwithstanding any other provision of this section, the Secretary may informally resolve 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- (1) IN GENERAL- For purposes of this section, the term `filing period' means the 2-year period beginning on the date of enactment of this Act.