DRAFT # 5a

S. ______
H.R. _______

To amend an Act dated October 21, 1998, suspending the Statute of Limitations regarding claims filed by African-American farmers against the United States Department of Agriculture.

Be it enacted by the Senate and House of Representatives of the United States in Congress Assembled,

Short Title

Section 1. This Act may be cited as “The Justice for Black Farmers Act of 2006."

Statute of Limitations Waiver Reform

Section 2. Section 741 of Division A of section 101(a) of Public Law 105-277 (112 Stat. 2681-30), October 21, 1998 , “October Act”) is amended by:

(a) striking out “not later than 2 years after the enactment of this Act” in subsection “(a)” , and inserting in lieu thereof the following: “not later than October 2, 2006", and

(b) adding at the end, the following:

“(h) All African American farmers who:

(1) farmed, or attempted to farm, between January 1, 1981 and December 31, 1996;

(2) applied to USDA during that time period for participation in a federal farm credit or benefit program and who believed that they were discriminated against on the basis of race in USDA's response to that application; and

(3) filed a discrimination complaint on or before July 1, 1997, regarding USDA's treatment of such farm credit or benefit application,

are deemed to have an eligible complaint and may submit a claim for relief under the 1999 Consent Decree in Pigford v. Veneman (“Consent Decree”), notwithstanding any other law, regulation, ruling, or decree .

“(i) The District Court for the District of Columbia, having jurisdiction over the consent decree, shall appoint the following:

(1) Special Masters to hear all claims under such Consent Decree, who shall have authority to rule on all matters procedural or substantive which may come before such Special Master from either Party;

(2) Special Prosecutors to represent the Federal government but no such Special Prosecutor shall have been an employee of the Department of Agriculture or the Department of Justice at any time after March 19, 1999.

“(j) Claimants may be represented by attorneys of their choice in these proceedings. The Court may award attorneys’ fees and expenses (including expert witness’ fees) as provided by the Civil Rights Attorney’s Fees Awards Act of 1976, 42 U.S.C. 1988.

“(k) Proceedings.

(1) Proceedings before such Special Masters under the Consent Decree shall follow the Federal Rules of Civil Procedure (including the right to discovery), except that, the District Court for the District of Columbia may modify such rules as they apply to proceedings under the Consent Decree in the interest of justice.

(2)(A) Such Special Masters, following a hearing as provided in the Consent Decree, shall rule for the Plaintiff, in “Track A” (as defined by the Consent Decree) if he or she determines that a scintilla of evidence exists that discrimination occurred and, in “Track B” (as defined by the Consent Decree) if he or she determines that a preponderance of the evidence supports the plaintiff’s complaint that discrimination occurred.

(B) Upon a finding for the plaintiff, the Special Master shall award, in Track A, cash damages of $50,000, and such non-cash relief as such Special Master shall deem appropriate and, in Track B, actual and punitive damages, and such non-cash relief as such Special Master shall deem appropriate.

(C) In all cases, because of the admissions by the Department of Agriculture of its discriminatory activity, the Special Master shall presume as a matter of law that white farmers were treated more favorably than each plaintiff, except that the Special Prosecutor may rebut such a presumption with a showing that the preponderance of the evidence shows equal treatment between similarly-situated white farmers and a plaintiff.

(D) Any ruling , order, decree, or motion by the Special Master may be appealed to the District Court for the District of Columbia having jurisdiction over the Consent Decree.

“(l) Departmental Requirements.

(1) The United States Department of Agriculture (“USDA”) shall affirmatively take such actions as necessary to ensure compliance with all applicable statutes and regulations prohibiting discrimination.

(2) USDA shall report annually to the Congress (i.e. the House and Senate Committees having jurisdiction over Agriculture, the Judiciary, and Appropriations) on these actions and shall include in such report the information required on Departmental beneficiaries served as required by section 10708 of the 2002 Farm Bill, 7 U.S.C. 2229a, and section 808a of the Fair Housing Act, 42 U.S.C. 3608a.