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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3623 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3623

  To amend the Food, Conservation, and Energy Act of 2008 to provide 
   funding for successful claimants following a determination on the 
   merits of Pigford claims related to racial discrimination by the 
                       Department of Agriculture.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2009

Mr. Davis of Alabama introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
Agriculture, 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 amend the Food, Conservation, and Energy Act of 2008 to provide 
   funding for successful claimants following a determination on the 
   merits of Pigford claims related to racial discrimination by the 
                       Department of Agriculture.

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

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) The claims of a significant number of African-American 
        farmers who brought discrimination cases against the Department 
        of Agriculture in the case Pigford v. Glickman were denied 
        without such farmers receiving a hearing on the merits of those 
        claims.
            (2) Section 14012 of the Food, Conservation, and Energy Act 
        of 2008 (Public Law 110-246; 122 Stat. 2210) states that it is 
        Congress' express intent that such section ``be liberally 
        construed so as to effectuate its remedial purpose of giving a 
        full determination on the merits for each Pigford claim 
        previously denied that determination,'' and explicitly 
        authorizes expedited resolutions to Pigford claims.
            (3) Such section authorizes the expenditure of $100,000,000 
        from the Commodity Credit Corporation for the purpose of 
        addressing such claims.
            (4) The $100,000,000 expenditure was not intended to serve 
        as a cap, but was intended to serve as a place-holder allowing 
        Congress to increase funding as necessary so that each Pigford 
        claim may be determined on the merits.
            (5) The number of African-American farmers who have had 
        discrimination claims against the Department of Agriculture 
        unfairly denied may total more than 77,000 persons.
            (6) Funding in addition to the $100,000,000 made available 
        in such section 14012 will be needed to achieve Congress' 
        intent to carry out the remedial purpose of having each Pigford 
        claim determined on the merits.

SEC. 2. FUNDING FOR PIGFORD CLAIMS.

    Section 14012 of the Food, Conservation, and Energy Act of 2008 
(122 Stat. 2209; Public Law 110-246) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Criminal Penalties.--
            ``(1) In general.--It shall be unlawful for any person to--
                    ``(A) knowingly execute, or attempt to execute, a 
                scheme or artifice to defraud, or obtain money or 
                property from any person by means of false or 
                fraudulent pretenses, representations, or promises, 
                relating to the eligibility or ability of a person to--
                            ``(i) file a civil action relating to a 
                        Pigford claim;
                            ``(ii) submit a late-filing request under 
                        section 5(g) of the consent decree;
                            ``(iii) obtain a determination on the 
                        merits of a Pigford claim; or
                            ``(iv) recover damages or other relief 
                        relating to a Pigford claim; and
                    ``(B) for the purpose of executing the scheme or 
                artifice or attempting so to do, or obtaining the money 
                or property--
                            ``(i) place or deposit, or cause to be 
                        placed or deposited, any matter or thing to be 
                        sent or delivered by the Postal Service or any 
                        private or commercial interstate carrier;
                            ``(ii) take or receive any matter or thing 
                        sent or delivered by the Postal Service or any 
                        private or commercial interstate carrier;
                            ``(iii) knowingly cause to be delivered by 
                        the Postal Service or any private or commercial 
                        interstate carrier any matter or thing 
                        according to the direction on the matter or 
                        thing, or at the place at which the matter or 
                        thing is directed to be delivered by the person 
                        to whom it is addressed; or
                            ``(iv) transmit, or cause to be 
                        transmitted, any writings, signs, signals, 
                        pictures, or sounds by means of wire, radio, or 
                        television communication in interstate or 
                        foreign commerce.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined under title 18, United States Code, imprisoned for not 
        more than 5 years, or both.''; and
            (2) in subsection (i), by striking paragraph (2) and 
        inserting the following:
            ``(2) Permanent judgment appropriation.--
                    ``(A) In general.--After the expenditure of all 
                funds made available under paragraph (1), any 
                additional payments or debt relief in satisfaction of 
                claims against the United States under subsection (b) 
                and for any actions under subsection (f) or (g) shall 
                be paid from amounts appropriated under section 1304 of 
                title 31, United States Code.
                    ``(B) Authorization of certain expenses.--
                Reasonable attorney's fees, administrative costs, and 
                expenses described in section 14(a) of the consent 
                decree and related to adjudicating the merits of claims 
                brought under subsection (b), (f), or (g) shall be paid 
                from amounts appropriated under section 1304 of title 
                31, United States Code.
            ``(3) Authorization of appropriations.--In addition to any 
        other funds made available under this subsection, there are 
        authorized to be appropriated such sums as are necessary to 
        carry out this section.''.
                                 <all>
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