(1) there exists a strong public policy against
discrimination against minority groups, whether the
discrimination is committed by private persons or by
the Federal Government in the operation of its pro-
grams;
(2) whenever discrimination occurs in the con-
duct of Federal programs, the responsible Federal
agencies should take quick and aggressive action to
remedy the discrimination;
(3) in 1997, it was determined that the Depart-
ment of Agriculture had, for decades, been guilty of
civil rights violations against United States agricul-
tural producers participating, or attempting to par-
ticipate, in Department programs;
(4) in 1998, Congress created a 2-year waiver
of the statute of limitations to allow persons injured
by discrimination by the Department to seek redress
in court or by filing an administrative compliant
with the Department;
(5) despite the waiver of the statute of limita-
tions, it remains a difficult challenge to ensure that
agricultural producers injured by discrimination by
the Department over the years will get a speedy and
balanced resolution of their complaints because it
appears now that—
(A) a number of complaints that have al-
ready been investigated by investigators hired
by the Office of Civil Rights of the Department
are not being resolved; and
(B) nothing is being done to expeditiously
resolve these cases; and
(6) it is unfair for agricultural producers to be
faced with these delays because—
(A) the producers cannot get on with their
lives, or plan their farming operations, until
their complaints are resolved; and
(B) the producers are being wronged a sec-
ond time by delays in resolving meritorious
complaints.
(b) PURPOSES.—It is the purpose of this Act—
(1) to impose on the Department of Agriculture
a reasonable time limit to resolve the complaints de-
scribed in subsection (a); and
(2) if the Department fails to meet the reason-
able time limit, to enable complainants to seek the
experience and expertise of the Civil Rights Division
of the Department of Justice in resolving the com-
plaints in a timely manner.
SEC. 3. WAIVER OF STATUTE OF LIMITATIONS.
Section 741(b) of the Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agen-
cies Appropriations Act, 1999 (7 U.S.C. 2279 note; Public
Law 105–277) is amended—
(1) by redesignating paragraphs (1), (2), and
(3) as subparagraphs (A), (B), and (C), respectively;
(2) by striking ‘‘(b) The’’ and inserting the fol-
lowing:
‘‘(b) ADMINISTRATIVE DETERMINATIONS.—
‘‘(1) IN GENERAL.—The’’;
(3) by indenting the margins of subparagraphs
(A), (B), and (C) (as so redesignated) to reflect the
amendment made by paragraph (2); and
(4) by adding at the end the following:
‘‘(2) REVIEW BY DEPARTMENT OF JUSTICE.—
‘‘(A) IN GENERAL.—If a complainant seeks
a determination by the Department of Agri-
culture on the merits of an eligible complaint
under paragraph (1) and the complaint is not
resolved by the Department within 270 days
after the complaint has been investigated by the
Department, the complainant may petition the
Civil Rights Division of the Department of
Justice—
‘‘(i) to review the complaint; and
‘‘(ii) to make recommendations to the
Department of Agriculture to resolve the
complaint.
‘‘(B) DEADLINE.—The Civil Rights Divi-
sion of the Department of Justice shall conduct
the review, and make recommendations to re-
solve the complaint, not later than 30 days
after the complainant files a petition under sub-
paragraph (A).
‘‘(C) ACCESS
TO
REVIEW
FOR
OTHER
CASES.—
‘‘(i) IN GENERAL.—The right to re-
view by the Department of Justice under
this paragraph shall be made available to
any complainant with a complaint that—
‘‘(I) is not considered an eligible
complaint under the time criteria de-
scribed in subsection (e); and
‘‘(II) is pending at the Office of
Civil Rights of the Department of Ag-
riculture on the date of enactment of
this paragraph.
‘‘(ii) TOLLING.—In the case of any
complaint that is reviewed by the Depart-
ment of Justice under this paragraph,
after the review process is completed—
‘‘(I) the complainant—
‘‘(aa) shall be deemed to
have exhausted the administra-
tive remedies of the complainant;
and
‘‘(bb) may file an action on
the complaint in United States
District Court; and
‘‘(II) any applicable statute of
limitations shall be tolled for the pe-
riod beginning on the date that the
complaint was filed at the Department
of Agriculture and ending on the date
of completion of the review by the De-
partment of Justice.’’.
Æ