I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Equality for Women 

5 Farmers Act’’. 


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1 SEC. 2. RESOLUTION OF CERTAIN DISCRIMINATION 

2 CLAIMS AGAINST THE DEPARTMENT OF AG3 RICULTURE. 

4 (a) NOTICE TO POTENTIAL CLAIMANTS.— 

5 (1) IN GENERAL.—Within 120 days after the 

6 date of the enactment of this Act, the Secretary 

7 shall attempt to notify each person who may be an 

8 eligible claimant of the opportunity, during the 3- 

9 year period that begins with such date of enactment, 

10 to submit a claim under this section for damages re11 sulting from discrimination described in section 6(4). 

12 (2) METHODS.—The Secretary shall provide the 

13 notice— 

14 (A) by United States mail and electronic 

15 mail, to each such person whose address can be 

16 determined from the records of the Department 

17 or records provided by counsel for eligible 

18 claimants; and 

19 (B) by posting in public places, such as 

20 local Farm Service Agency offices and on the 

21 website of the Department, in a manner des22 ignated to reach all such persons. 

23 (b) SUBMISSION OF CLAIMS.—A person desiring to 

24 submit a claim under this section shall file with the Special 

25 Master a sworn statement that contains the following: 

26 (1) The full name of the person. 


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1 (2) The mailing address of the person. 

2 (3) To the best of the person’s ability, each 

3 date in the claims period on which the person re4 quested from, or submitted to, the Department an 

5 application for a farm loan, farm loan servicing, or 

6 a disaster loan. 

7 (4) With respect to each such request or sub8 mission— 

9 (A) the identity of the office of the Depart10 ment to which the request or submission was 

11 originally made; 

12 (B) the type of loan or loan servicing 

13 sought, including a copy of any document sub14 mitted; 

15 (C) the amount of damages suffered by the 

16 person as a result of the failure of the Depart17 ment to provide, act on, or approve (in whole or 

18 in part) the application; and 

19 (D) a claim for compensation for the dam20 ages. 

21 (c) PROCESSING OF CLAIMS.— 

22 (1) PERSONNEL.— 

23 (A) FMCS APPOINTEES.— 

24 (i) SPECIAL MASTER.—Within 60 

25 days after the date of the enactment of 


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1 this Act, the Federal Mediation and Con2 ciliation Service (in this subparagraph re3 ferred to as the ‘‘FMCS’’) shall appoint a 

4 Special Master to process, review, and ad5 judicate claims under this section. 

6 (ii) ASSISTANT SPECIAL MASTERS.— 

7 At the request of the Special Master, the 

8 FMCS shall designate assistant special 

9 masters, as necessary, to assist the Special 

10 Master in processing, reviewing, and adju11 dicating claims under this section. 

12 (iii) COMPENSATION.—From funds 

13 made available to carry out this section, 

14 the Special Master and any assistant spe15 cial masters designated under this para16 graph shall be paid on an hourly basis, 

17 consistent with the payment processes and 

18 procedures of the FMCS, for services pro19 vided under this section. 

20 (B) DEPARTMENTAL EMPLOYEES.—On re21 quest of the Special Master, the Secretary may 

22 detail employees of the Office of Civil Rights of 

23 the Department to assist persons who request 

24 assistance in submitting claims under this sec25 tion. 


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1 (2) PROCEDURE FOR REVIEW OF CLAIMS.— 

2 (A) DEADLINE FOR CLAIMS SUBMIS3 SION.—An award under this section may not be 

4 made with respect to a claim submitted after 

5 the 3-year period that begins with the date of 

6 the enactment of this section. 

7 (B) EXPEDITIOUS CLAIMS REVIEW.—The 

8 Special Master shall process, review, and adju9 dicate claims under this section as expeditiously 

10 as possible. 

11 (C) EVIDENTIARY RULES.— 

12 (i) IN GENERAL.—The Special Master 

13 may permit a claimant to present evidence 

14 and testimony to substantiate a claim 

15 under this section. 

16 (ii) INAPPLICABILITY OF CERTAIN

17 RULES.—The Federal Rules of Civil Proce18 dure, the Federal Rules of Evidence, sec19 tion 554 of title 5, United States Code, 

20 and the legal standards and precedents 

21 otherwise required to state a legally cog22 nizable prima facie discrimination case in 

23 the courts of the United States shall not 

24 apply to a claim under this section. 


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1 (D) PUBLICATION OF CLAIMS PROCE2 DURES.—Within 90 days after the date of the 

3 enactment of this Act, the Special Master shall 

4 cause to have published in the Federal Register 

5 the procedures and criteria to be used in re6 viewing and adjudicating claims under this sec7 tion. 

8 (E) IMPLEMENTATION OF PROCEDURES

9 AND CRITERIA.—The procedures and criteria 

10 shall be established and implemented so as to 

11 effectuate the remedial purpose of giving each 

12 claimant the opportunity to obtain full relief for 

13 past discrimination. 

14 (d) ADJUDICATION OF CLAIM OF GENDER DISCRIMI15 NATION IN DENIAL, OR FAILURE TO PROVIDE NOTICE

16 OF ACTION ON, AN APPLICATION FOR A FARM LOAN, 

17 FARM LOAN SERVICING, OR A DISASTER LOAN.—The 

18 Special Master shall award $5,000 to an eligible claimant 

19 who has submitted a claim under this section, for each 

20 calendar year in the claims period with respect to which— 

21 (1) the claim includes an allegation that the 

22 Secretary denied a request from the claimant for an 

23 application for a farm loan, farm loan servicing, or 

24 a disaster loan, or failed to notify the claimant of 

25 any action taken by the Department on such an apVerDate Nov 24 2008 21:02 Dec 12, 2009 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4264.IH H4264

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1 plication submitted by the claimant, on the basis of 

2 the gender of the claimant; and 

3 (2) the Secretary fails to prove by a preponder4 ance of the evidence that the allegation is false. 

5 (e) ADJUDICATION OF CLAIM OF GENDER DISCRIMI6 NATION IN DENIAL OF FARM LOAN, FARM LOAN SERV7 ICING, OR DISASTER LOAN.— 

8 (1) IN GENERAL.—In addition to any amount 

9 awarded under subsection (d), the Special Master 

10 shall award an amount determined in accordance 

11 with paragraph (2) of this subsection to an eligible 

12 claimant who has submitted a claim under this sec13 tion in which there is an allegation that the Sec14 retary denied an application by the claimant for a 

15 farm loan, farm loan servicing, or a disaster loan on 

16 the basis of gender of the claimant, if the Special 

17 Master finds that the discrimination occurred. 

18 (2) DETERMINATION OF AWARD AMOUNT.—In 

19 determining the amount to award a claimant under 

20 paragraph (1), the Special Master shall presume 

21 that the amount to be awarded is $109,000, and 

22 shall increase or decrease the amount, as appro23 priate, based on factors to be determined by the 

24 Special Master, including— 


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1 (A) the duration of ownership or operation 

2 of a farm by the claimant; 

3 (B) the type of farming operation of the 

4 claimant; 

5 (C) the past production by the claimant of 

6 agricultural products; 

7 (D) the availability of contemporaneously 

8 created documents and witness testimony con9 cerning the allegations of discrimination made 

10 by the claimant; 

11 (E) the inappropriateness of the conduct of 

12 employees of the Department with regard to the 

13 claimant; and 

14 (F) the damages suffered by the claimant. 

15 (f) ATTORNEY’S FEES.— 

16 (1) COUNSEL FOR PLAINTIFFS AND CLASS

17 MEMBERS IN LOVE V. VILSACK.—Within 120 days 

18 after the date of the enactment of this Act, counsel 

19 of record for the plaintiffs and putative class mem20 bers at the time of the filing of the complaints in 

21 Love v. Vilsack, C.A. No. 1:00–CV–02502 (U.S. 

22 District Court for the District of Columbia) may 

23 present to the Special Master a petition for reason24 able compensation for all services the counsel have 

25 provided to the plaintiffs and putative class members 


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1 from calendar year 2000 through the date the peti2 tion is presented, which shall be determined by the 

3 Special Master in accord with the legal precedents of 

4 the United States Court of Appeals for the District 

5 of Columbia Circuit pertaining to awards of attor6 neys’ fees for the litigation of actions where a favor7 able result is obtained for the common benefit of a 

8 class. 

9 (2) OTHER COUNSEL.—The Special Master 

10 may, in accordance with procedures and guidelines 

11 established by the Special Master, award fees to 

12 counsel who represent a claimant in a proceeding 

13 under this section, not exceeding $10,000 per 

14 claimaint, for services the counsel have provided to 

15 the claimant in connection with the proceeding, re16 gardless of whether the claimant receives an award 

17 under this section. 

18 (g) FINALITY OF DETERMINATIONS.—An adjudica19 tion of a claim under this section shall be final and not 

20 reviewable by any court. 

21 (h) ACCEPTANCE OF AWARD CONSTITUTES SATIS22 FACTION OF ALL CLAIMS OF DISCRIMINATION DURING

23 THE CLAIMS PERIOD.—A claimant who accepts an award 

24 under this section may not bring or pursue an action in 

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1 ceeding, for damages based on any claim of discrimination 

2 by the Department on the basis of gender in the issuance 

3 or review of an application for a farm loan, farm loan serv4 icing, or a disaster loan during the claims period. 

5 (i) AWARD EXEMPT FROM FEDERAL TAXATION.— 

6 An award under this section shall be exempt from taxation 

7 under the Internal Revenue Code of 1986. 

8 (j) REPORTS TO THE CONGRESS.—On each anniver9 sary of the date of the enactment of this Act, the Special 

10 Master shall submit to the Committees on Agriculture and 

11 on Appropriations of the House of Representatives and the 

12 Committees on Agriculture, Nutrition, and Forestry and 

13 on Appropriations of the Senate a report (with a copy to 

14 the Department) regarding— 

15 (1) the number of claims made under this sec16 tion; 

17 (2) the number of the claims that have been ad18 judicated under this section; and 

19 (3) the total of the amounts awarded under this 

20 section. 

21 (k) APPROPRIATION.—Out of any funds in the Treas22 ury of the United States not otherwise appropriated, there 

23 are appropriated $4,500,000,000, without fiscal year limi24 tation, for payment by the Special Master to carry out 

25 this section. 


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1 (l) DEFINITIONS.—In this section: 

2 (1) DAMAGES.—The term ‘‘damages’’ includes 

3 economic loss. 

4 (2) SPECIAL MASTER.—The term ‘‘Special Mas5 ter’’ means the Special Master appointed under sub6 section (c)(1)(A)(i). 

7 SEC. 3. REMEDIAL MEASURES. 

8 (a) LIMITATION ON FORECLOSURES.—During the 3- 

9 year period that begins with the date of the enactment 

10 of this Act, the Secretary may not initiate foreclosure on 

11 collateral or secured property, assist any creditor or any 

12 State in connection with a foreclosure on collateral or se13 cured property, or expend any money relating to fore14 closure or sale of collateral or secured property, of an eligi15 ble claimaint. 

16 (b) PROCESSING OF APPLICATIONS FOR FARM LOAN, 

17 FARM LOAN SERVICING, OR DISASTER BENEFIT.— 

18 (1) ELIGIBILITY DETERMINATIONS.—The Sec19 retary shall approve an application for a farm loan, 

20 farm loan servicing, or a disaster benefit submitted 

21 by an eligible claimant in the 3-year period that be22 gins with the date of the enactment of this Act, un23 less the Secretary establishes, by clear and con24 vincing evidence, that the eligible claimaint does not 

25 satisfy the published, objective eligibility criteria for 


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1 the farm loan, farm loan servicing, or disaster loan, 

2 as the case may be. 

3 (2) DEADLINE TO PROVIDE NOTICE OF REA4 SONS FOR DENIAL; EFFECT OF FAILURE COMPLY

5 WITH DEADLINE.—Within 30 days after the Sec6 retary denies an application submitted pursuant to 

7 paragraph (1), the Secretary shall provide the appli8 cant with the documentation on the basis of which 

9 the application was denied. If the Secretary fails to 

10 comply with the preceding sentence, the application 

11 is deemed approved. 

12 (3) OPPORTUNITY OF APPLICANT TO SUBMIT

13 ADDITIONAL DOCUMENTATION.—Within 20 days 

14 after the Secretary complies with the 1st sentence of 

15 paragraph (2), the applicant may provide the Sec16 retary with additional information in support of the 

17 application. 

18 (4) RECONSIDERATION OF APPLICATION.— 

19 Within 20 days after the earlier of the date the Sec20 retary receives the additional information, the Sec21 retary shall reconsider the application on the basis 

22 of the additional information. 

23 (5) ACTION ON RECONSIDERED APPLICATION.— 

24 The Secretary shall approve an application sub25 mitted pursuant to paragraph (1) with respect to 


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1 which the applicant has provided additional informa2 tion, unless the Secretary concludes by clear and 

3 convincing evidence that the applicant is ineligible 

4 for the farm loan, farm servicing, or disaster loan 

5 involved, based on the published, objective eligibility 

6 criteria for the farm loan, farm servicing, or disaster 

7 loan, as the case may be. 

8 (6) NOTICE OF DENIAL OF RECONSIDERED AP9 PLICATION.—Within 30 days after an application is 

10 denied pursuant to paragraph (5), the Secretary 

11 shall provide the applicant with written notice of the 

12 denial, including the specific reason for the denial. 

13 (c) OTHER REMEDIAL MEASURES.—The Secretary 

14 shall— 

15 (1) install and maintain recordkeeping systems 

16 that document each contact between a farmer and 

17 the Department; 

18 (2) establish community-based outreach pro19 grams to assist socially disadvantaged farmers in ap20 plying for farm loan and farm loan servicing pro21 grams; 

22 (3) implement an effective method to achieve 

23 transparency in the administration of the loan and 

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1 tate evaluation of whether the fundamental reforms 

2 are expeditiously and effectively implemented; and 

3 (4) establish an efficient and effective system 

4 for processing discrimination complaints of socially 

5 disadvantaged farmers. 

6 (d) REPORT ON IMPLEMENTATION OF REMEDIAL

7 MEASURES.—Within 6 months after the date of the enact8 ment of this Act, the Secretary shall submit to the Con9 gress a report on the status of implementation of the re10 medial measures described in subsections (b) and (c). 

11 SEC. 4. GAO AUDIT. 

12 (a) IN GENERAL.—The Comptroller General shall 

13 conduct an audit of the administration of farm loan and 

14 benefit programs by the Farm Service Agency, to— 

15 (1) identify data that must be collected to de16 termine whether the Department is providing equal 

17 access to all programs; 

18 (2) determine whether the technology used by 

19 the Department is adequate to collect and store the 

20 data, and— 

21 (A) if the technology is adequate for such 

22 purpose, shall determine the reasons why the 

23 technology is not being used properly; or 


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1 (B) if the technology is not adequate for 

2 such purpose, shall identify the technology nec3 essary to adequately collect and store the data. 

4 (b) REPORT TO THE CONGRESS.—Within 1 year after 

5 the date of the enactment of this Act, the Comptroller 

6 General shall submit to the Committees on Agriculture 

7 and on Appropriations of the House of representatives and 

8 the Committees on Agriculture, Nutrition, and Forestry, 

9 and on Appropriations of the Senate a report on the find10 ings of the audit conducted under subsection (a). 

11 SEC. 5. ANNUAL REPORTS ON DENIAL OF REQUESTS FOR 

12 APPLICATIONS FOR FARM LOANS, LOAN 

13 SERVICING, OR DISASTER BENEFITS, OR OF 

14 APPLICATIONS THEREFOR. 

15 (a) IN GENERAL.—Not later than March 1 of each 

16 year, the Secretary shall submit to the Congress a report 

17 which summarizes the following information on each per18 son whose request for an application for a farm loan, farm 

19 loan servicing, or a disaster loan, or whose application for 

20 a farm loan, farm loan servicing, or a disaster loan, was 

21 denied in the 12-month period covered by the report: 

22 (1) The gender of the person. 

23 (2) The race of the person. 

24 (3) The national origin of the person. 


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1 (4) Whether the person is an Indian or a mem2 ber of an Indian tribe. 

3 (5) The amount of time that elapsed from the 

4 date the request or application was made to the date 

5 of the denial. 

6 (6) The location of the office that denied the re7 quest or application. 

8 (7) All information taken into account in the 

9 denial. 

10 (b) NO PERSONALLY IDENTIFIABLE INFORMA11 TION.—The report shall not contain any information that 

12 identifies any person referred to in subsection (a). 

13 (c) DEFINITIONS OF INDIAN AND MEMBER OF AN IN14 DIAN TRIBE.—In this section, the terms ‘‘Indian’’ and 

15 ‘‘member of an Indian tribe’’ shall have the same mean16 ings given the terms, respectively, in paragraphs (1) and 

17 (2) of section 2 of the Tribally Controlled College or Uni18 versity Assistance Act of 1978. 

19 SEC. 6. DEFINITIONS. 

20 In this Act: 

21 (1) CLAIMS PERIOD.—The term ‘‘claims pe22 riod’’ means the period that began on January 1, 

23 1981, and ended on the date of the enactment of 

24 this Act. 


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1 (2) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Agriculture. 

3 (3) DISASTER LOAN.—The term ‘‘disaster loan’’ 

4 means a loan under subtitle C of the Consolidated 

5 Farm and Rural Development Act. 

6 (4) ELIGIBLE CLAIMANT.—The term ‘‘eligible 

7 claimant’’ means any person who claims that she 

8 was discriminated against, on the basis of gender, in 

9 the issuance or review of an application for a farm 

10 loan, farm loan servicing, or a disaster loan, during 

11 the claims period. 

12 (5) FARM.—The term ‘‘farm’’ includes a ranch. 

13 (6) FARM LOAN.—The term ‘‘farm loan’’ means 

14 a loan under subtitle A or B of the Consolidated 

15 Farm and Rural Development Act. 

16 (7) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Agriculture. 

18 (8) SOCIALLY DISADVANTAGED FARMER.—The 

19 term ‘‘socially disadvantaged farmer’’ has the mean20 ing given the term ‘‘socially disadvantaged farmer or 

21 rancher’’ in section 355(e)(2) of the Consolidated 

22 Farm and Rural Development Act. 

Æ 


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