Page:United States Statutes at Large Volume 112 Part 4.djvu/60

 112 STAT. 2681-31 PUBLIC LAW 105-277—OCT. 21, 1998 7 USC 2279d. (3) to the maximum extent practicable within 180 days after the date a determination of an eligible complaint is sought under this subsection conduct an investigation, issue a written determination and propose a resolution in accordance with this subsection. (c) Notwithstanding subsections (a) and (b), if an eligible claim is denied administratively, the claimant shall have at least 180 days to commence a cause of action in a Federal court of competent jurisdiction seeking a review of such denial. (d) The United States Court of Federal Claims and the United States District Court shall have exclusive original jurisdiction over— (1) any cause of action arising out of a complaint with respect to which this section waives the statute of limitations; and (2) any civil action for judicial review of a determination in an administrative proceeding in the Department of Agriculture under this section. (e) As used in this section, the term "eligible complaint" means a nonemployment related complaint that was filed with the Department of Agriculture before July 1, 1997 and alleges discrimination at any time during the period beginning on January 1, 1981 and ending December 31, 1996— (1) in violation of the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) in administering— (A) a farm ownership, farm operating, or emergency loan funded from the Agricultural Credit Insurance Program Account; or (B) a housing program established under title V of the Housing Act of 1949; or (2) in the administration of a commodity program or a disaster assistance program. (f) This section shall apply in fiscal year 1999 and thereafter. (g) The standard of review for judicial review of an agency action with respect to an eligible complaint is de novo review. Chapter 5 of title 5 of the United States Code shall apply with respect to an agency action under this section with respect to an eligible complaint, without regard to section 554(a)(1) of that title. SEC. 742. In any claim brought under the Rehabilitation Act of 1973 and filed with the Secretary of Agriculture after January 1994 resulting in a finding that a farmer was subjected to discrimination under any farm loan program or activity conducted by the United States Department of Agriculture in violation of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Secretary of Agriculture shall be liable for compensatory damages. Such liability shall apply to any administrative action brought before the date of enactment of this Act, but only if the action is brought within the applicable statute of limitations and the complainant sought or seeks compensatory damages while the action is pending. SEC. 743. Public Law 102-237, Title X, Section 1013(a) and (b) (7 U.S.C. 426 note) is amended by striking ", to the extent practicable," in each instance in which it appears. SEC. 744. Funds made available for conservation operations by this or any other Act, including prior-year balances, shall be available for financial assistance and technical assistance for the purpose of constructing the Franklin County Lake Project,

�