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SEC. 5206. DEFERRAL OF SHARED APPRECIATION RECAP-
TURE AMORTIZATION.
Section 353(e)(7)(D) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2001(e)(7)(D)) is
amended—
(1) in the subparagraph heading, by inserting
‘‘AND DEFERRAL’’ after ‘‘REAMORTIZATION’’; and
(2) in clause (ii)—
(A) by redesignating subclause (II) as sub-
clause (III); and
(B) by inserting after subclause (I) the fol-
lowing:
‘‘(II) TERM OF DEFERRAL.—The
term of a deferral under this subpara-
graph shall not exceed 1 year.’’.
SEC. 5207. RURAL DEVELOPMENT, HOUSING, AND FARM
LOAN PROGRAM ACTIVITIES.
Subtitle D of the Consolidated Farm and Rural Devel-
opment Act is amended by inserting after section 364 (7
U.S.C. 2006f) the following:
‘‘SEC. 365. RURAL DEVELOPMENT, HOUSING, AND FARM
LOAN PROGRAM ACTIVITIES.
‘‘The Secretary may not complete a study of, or enter
into a contract with a private party to carry out, without
specific authorization in a subsequent Act of Congress, a
competitive sourcing activity of the Secretary, including
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support personnel of the Department of Agriculture, relat-
ing to rural development, housing, or farm loan pro-
grams.’’.
Subtitle D—Farm Credit
SEC. 5301. AUTHORITY TO PASS ALONG COST OF INSUR-
ANCE PREMIUMS.
(a) IN GENERAL.—Section 1.12(b) of the Farm Credit
Act of 1971 (12 U.S.C. 2020(b)) is amended—
(1) in the first sentence, by striking ‘‘Each
Farm’’ and inserting the following;
‘‘(1) IN GENERAL.—Each Farm’’; and
(2) by striking the second sentence and inserting
the following:
‘‘(2) COMPUTATION.—The assessment on any as-
sociation or other financing institution described in
paragraph (1) for any period shall be computed in an
equitable manner, as determined by the Corpora-
tion.’’.
(b) RULES AND REGULATIONS.—Section 5.58(10) of
the Farm Credit Act of 1971 (12 U.S.C. 2277a–7(10)) is
amended by inserting ‘‘and section 1.12(b)’’ after ‘‘part’’.
SEC. 5302. TECHNICAL CORRECTION.
Section 3.3(b) of the Farm Credit Act of 1971 (12
U.S.C. 2124(b)) is amended in the first sentence by striking
‘‘per’’ and inserting ‘‘par’’.
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SEC. 5303. CONFIRMATION OF CHAIRMAN.
Section 5.8(a) of the Farm Credit Act of 1971 (12
U.S.C. 2242(a)) is amended in the fifth sentence by insert-
ing ‘‘by and with the advice and consent of the Senate,’’
after ‘‘designated by the President,’’.
SEC. 5304. PREMIUMS.
(a) AMOUNT IN FUND NOT EXCEEDING SECURE BASE
AMOUNT.—Section 5.55(a) of the Farm Credit Act of 1971
(12 U.S.C. 2277a—4(a)) is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph
(A)—
(i) by striking ‘‘paragraph (2)’’ and
inserting ‘‘paragraph (3)’’; and
(ii) by striking ‘‘annual’’ ; and
(B) by striking subparagraphs (A) through
(D) and inserting the following:
‘‘(A) the average outstanding insured obli-
gations issued by the bank for the calendar year,
after deducting from the obligations the percent-
ages of the guaranteed portions of loans and in-
vestments described in paragraph (2), multiplied
by 0.0020; and
‘‘(B) the product obtained by multiplying—
‘‘(i) the sum of—
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‘‘(I) the average principal out-
standing for the calendar year on loans
made by the bank that are in non-
accrual status; and
‘‘(II) the average amount out-
standing for the calendar year of other-
than-temporarily impaired investments
made by the bank; by
‘‘(ii) 0.0010.’’;
(2) by striking paragraph (4);
(3) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(4) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) DEDUCTIONS FROM AVERAGE OUTSTANDING
INSURED OBLIGATIONS.—The average outstanding in-
sured obligations issued by the bank for the calendar
year referred to in paragraph (1)(A) shall be reduced
by deducting from the obligations the sum of (as de-
termined by the Corporation)—
‘‘(A) 90 percent of each of—
‘‘(i) the average principal outstanding
for the calendar year on the guaranteed por-
tions of Federal government-guaranteed
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loans made by the bank that are in accrual
status; and
‘‘(ii) the average amount outstanding
for the calendar year of the guaranteed por-
tions of Federal government-guaranteed in-
vestments made by the bank that are not
permanently impaired; and
‘‘(B) 80 percent of each of—
‘‘(i) the average principal outstanding
for the calendar year on the guaranteed por-
tions of State government-guaranteed loans
made by the bank that are in accrual sta-
tus; and
‘‘(ii) the average amount outstanding
for the calendar year of the guaranteed por-
tions of State government-guaranteed in-
vestments made by the bank that are not
permanently impaired.’’;
(5) in paragraph (3) (as redesignated by para-
graph (3)), by striking ‘‘annual’’; and
(6) in paragraph (4) (as redesignated by para-
graph (3))—
(A) in the paragraph heading, by inserting
‘‘OR INVESTMENTS’’ after ‘‘LOANS’’; and
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(B) in the matter preceding subparagraph
(A), by striking ‘‘As used’’ and all that follows
through ‘‘guaranteed—’’ and inserting ‘‘In this
section, the term ‘‘government-guaranteed’’, when
applied to a loan or an investment, means a
loan, credit, or investment, or portion of a loan,
credit, or investments, that is guaranteed—’’.
(b) AMOUNT
IN FUND EXCEEDING SECURE BASE
AMOUNT.—Section 5.55(b) of the Farm Credit Act of 1971
(12 U.S.C. 2277a–4(b)) is amended by striking ‘‘annual’’.
(c) SECURE BASE AMOUNT.—Section 5.55(c) of the
Farm Credit Act of 1971 (12 U.S.C. 2277a–4(c)) is
amended—
(1) by striking ‘‘For purposes’’ and inserting the
following:
‘‘(1) IN GENERAL.—For purposes’’;
(2) by striking ‘‘(adjusted downward’’ and all
that follows through ‘‘by the Corporation)’’ and in-
serting ‘‘(as adjusted under paragraph (2))’’; and
(3) by adding at the end the following:
‘‘(2) ADJUSTMENT.—The aggregate outstanding
insured obligations of all insured System banks under
paragraph (1) shall be adjusted downward to exclude
an amount equal to the sum of (as determined by the
Corporation)—
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‘‘(A) 90 percent of each of—
‘‘(i) the guaranteed portions of prin-
cipal outstanding on Federal government-
guaranteed loans in accrual status made by
the banks; and
‘‘(ii) the guaranteed portions of the
amount of Federal government-guaranteed
investments made by the banks that are not
permanently impaired; and
‘‘(B) 80 percent of each of—
‘‘(i) the guaranteed portions of prin-
cipal outstanding on State government-
guaranteed loans in accrual status made by
the banks; and
‘‘(ii) the guaranteed portions of the
amount of State government-guaranteed in-
vestments made by the banks that are not
permanently impaired.’’.
(d) DETERMINATION
OF
LOAN
AND
INVESTMENT
AMOUNTS.—Section 5.55(d) of the Farm Credit Act of 1971
(12 U.S.C. 2277a–4(d)) is amended—
(1) in the paragraph heading, by striking
‘‘PRINCIPAL
OUTSTANDING’’ and inserting ‘‘LOAN
AND INVESTMENT AMOUNTS’’;
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(2) in the matter preceding paragraph (1), by
striking ‘‘For the purpose’’ and all that follows
through ‘‘made—’’ and inserting ‘‘For the purpose of
subsections (a) and (c), the principal outstanding on
all loans made by an insured System bank, and the
amount outstanding on all investments made by an
insured System bank, shall be determined based on—
’’;
(3) by inserting ‘‘all loans or investments made’’
before ‘‘by’’ the first place it appears in each of para-
graph (1), (2), and (3); and
(4) in paragraphs (1) and (2), by inserting ‘‘or
investments’’ after ‘‘that is able to make such loans’’
each place it appears.
(e) ALLOCATION TO SYSTEM INSTITUTIONS OF EXCESS
RESERVES.—Section 5.55(e) of the Farm Credit Act of
1971 (12 U.S.C. 2277a–4(e)) is amended—
(1) in paragraph (3), by striking ‘‘the average
secure base amount for the calendar year (as cal-
culated on an average daily balance basis)’’ and in-
serting ‘‘the secure base amount’’;
(2) in paragraph (4), by striking subparagraph
(B) and inserting the following:
‘‘(B) there shall be credited to the Allocated
Insurance Reserves Account of each insured Sys-
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tem bank an amount that bears the same ratio
to the total amount (less any amount credited
under subparagraph (A)) as—
‘‘(i) the average principal outstanding
for the calendar year on insured obligations
issued by the bank (after deducting from the
principal the percentages of the guaranteed
portions of loans and investments described
in subsection (a)(2)); bears to
‘‘(ii) the average principal outstanding
for the calendar year on insured obligations
issued by all insured System banks (after
deducting from the principal the percent-
ages of the guaranteed portions of loans and
investments 
described 
in 
subsection
(a)(2)).’’; and
(3) in paragraph (6)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i),
by striking ‘‘beginning more’’ and all that
follows through ‘‘January 1, 2005’’;
(ii) by striking clause (i) and inserting
the following:
‘‘(i) subject to subparagraph (D), pay
to each insured System bank, in a manner
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determined by the Corporation, an amount
equal to the balance in the Allocated Insur-
ance Reserves Account of the System bank;
and’’; and
(iii) in clause (ii)—
(I) by striking ‘‘subparagraphs
(C), (E), and (F)’’ and inserting ‘‘sub-
paragraphs (C) and (E)’’; and
(II) by striking ‘‘, of the lesser
of—’’ and all that follows through the
end of subclause (II) and inserting ‘‘at
the time of the termination of the Fi-
nancial Assistance Corporation, of the
balance in the Allocated Insurance Re-
serves Account established under para-
graph (1)(B).’’;
(B) in subparagraph (C)—
(i) in clause (i), by striking ‘‘(in addi-
tion to the amounts described in subpara-
graph (F)(ii))’’; and
(ii) by striking clause (ii) and insert-
ing the following:
‘‘(iii) TERMINATION OF ACCOUNT.—On
disbursement 
of 
amount 
equal 
to
$56,000,000, the Corporation shall—
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‘‘(I) close the Account established
under paragraph (1)(B); and
‘‘(II) 
transfer 
any 
remaining
funds in the Account to the remaining
Allocated Insurance Reserves Accounts
in accordance with paragraph (4)(B)
for the calendar year in which the
transfer occurs.’’.
(C) by striking subparagraph (F).
SEC. 5305. CERTIFICATION OF PREMIUMS.
(a) FILING CERTIFIED STATEMENT.—Section 5.56 of
the Farm Credit Act of 1971 (12 U.S.C. 2277a–5) is amend-
ed by striking subsection (a) and inserting the following:
‘‘(a) FILING CERTIFIED STATEMENT.—On a date to
be determined in the sole discretion of the Board of Direc-
tors of the Corporation, each insured System bank that be-
came insured before the beginning of the period for which
premiums are being assessed (referred to in this section as
the ‘period’) shall file with the Corporation a certified state-
ment showing—
‘‘(1) the average outstanding insured obligations
for the period issued by the bank;
‘‘(2)(A) the average principal outstanding for the
period on the guaranteed portion of Federal govern-
ment-guaranteed loans that are in accrual status; and
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‘‘(B) the average amount outstanding for the pe-
riod of Federal government-guaranteed investments
that are not permanently impaired (as defined in sec-
tion 5.55(a)(4));
‘‘(3)(A) the average principal outstanding for the
period on State government-guaranteed loans that are
in accrual status; and
‘‘(B) the average amount outstanding for the pe-
riod of State government-guaranteed investments that
are not permanently impaired (as defined in section
5.55(a)(4));
‘‘(4)(A) the average principal outstanding for the
period on loans that are in nonaccrual status; and
‘‘(B) the average amount outstanding for the pe-
riod of other-than-temporarily impaired investments;
and
‘‘(5) the amount of the premium due the Cor-
poration from the bank for the period.’’.
(b) PREMIUM PAYMENTS.—Section 5.56 of the Farm
Credit Act of 1971 (12 U.S.C. 2277a–5(c)) is amended by
striking subsection (c) and inserting the following:
‘‘(c) PREMIUM PAYMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each insured System bank shall pay to the
Corporation the premium payments required under
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subsection (a), not more frequently than once in each
calendar quarter, in such manner and at such 1 or
more times as the Board of Directors shall prescribe.
‘‘(2) PREMIUM
AMOUNT.—The amount of the
premium shall be established not later than 60 days
after filing the certified statement specifying the
amount of the premium.’’.
(c) SUBSEQUENT PREMIUM PAYMENTS.—Section 5.56
of the Farm Credit Act of 1971 (12 U.S.C. 2277a–5) is
amended—
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection
(d).
SEC. 5306. RURAL UTILITY LOANS.
(a) DEFINITION OF QUALIFIED LOAN.—Section 8.0(9)
of the Farm Credit Act of 1971 (12 U.S.C. 2279aa(9)) is
amended—
(1) in subparagraph (A)(iii), by striking ‘‘or’’ at
the end;
(2) in subparagraph (B)(ii), by striking the pe-
riod at the end and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(C) that is a loan, or an interest in a loan,
for an electric or telephone facility by a coopera-
tive lender to a borrower that has received, or is
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eligible to receive, a loan under the Rural Elec-
trification Act of 1936 (7 U.S.C. 901 et seq.).’’.
(b) GUARANTEE
OF
QUALIFIED
LOANS.—Section
8.6(a)(1) of the Farm Credit Act of 1971 (12 U.S.C.
2279aa–6(a)(1)) is amended by inserting ‘‘applicable’’ be-
fore ‘‘standards’’ each place it appears in subparagraphs
(A) and (B)(i).
(c) STANDARDS FOR QUALIFIED LOANS.—Section 8.8
of the Farm Credit Act of 1971 (12 U.S.C. 2279aa–8) is
amended—
(1) in subsection (a)—
(A) by striking the first sentence and insert-
ing the following:
‘‘(1) IN GENERAL.—The Corporation shall estab-
lish underwriting, security appraisal, and repayment
standards for qualified loans taking into account the
nature, risk profile, and other differences between dif-
ferent categories of qualified loans.
‘‘(2) SUPERVISION, EXAMINATION, AND REPORT
OF CONDITION.—The standards shall be subject to the
authorities of the Farm Credit Administration under
section 8.11.’’; and
(B) in the last sentence, by striking ‘‘In es-
tablishing’’ and inserting the following:
‘‘(3) MORTGAGE LOANS.—In establishing’’;
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(2) in subsection (b)—
(A) in the matter preceding paragraph (1),
by inserting ‘‘with respect to loans secured by
agricultural real estate’’ after ‘‘subsection (a)’’;
and
(B) in paragraph (5)—
(i) by striking ‘‘borrower’’ the first
place it appears and inserting ‘‘farmer or
rancher’’; and
(ii) by striking ‘‘site’’ and inserting
‘‘farm or ranch’’;
(3) in subsection (c)(1), by inserting ‘‘secured by
agricultural real estate’’ after ‘‘A loan’’;
(4) by striking subsection (d); and
(5) by redesignating subsection (e) as subsection
(d).
(d) 
RISK-BASED
CAPITAL
LEVELS.—Section
8.32(a)(1) of the Farm Credit Act of 1971 (12 U.S.C.
2279bb–1(a)(1)) is amended—
(1) by striking ‘‘With respect’’ and inserting the
following:
‘‘(A) IN GENERAL.—With respect’’; and
(2) by adding at the end the following:
‘‘(B) RURAL UTILITY LOANS.—With respect
to securities representing an interest in, or obli-
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gation backed by, a pool of qualified loans de-
scribed in section 8.0(9)(C) owned or guaranteed
by the Corporation, losses occur at a rate of de-
fault and severity reasonably related to risks in
electric and telephone facility loans (as applica-
ble), as determined by the Director.’’.
SEC. 5307. EQUALIZATION OF LOAN-MAKING POWERS OF
CERTAIN DISTRICT ASSOCIATIONS.
(a) IN GENERAL.—The Farm Credit Act of 1971 is
amended by inserting after section 7.6 (12 U.S.C. 2279b)
the following:
‘‘SEC. 7.7. EQUALIZATION OF LOAN-MAKING POWERS OF
CERTAIN DISTRICT ASSOCIATIONS.
‘‘(a) EQUALIZATION OF LOAN-MAKING POWERS.—
‘‘(1) IN GENERAL.—
‘‘(A) 
FEDERAL
LAND
BANK
ASSOCIA-
TIONS.—Subject to paragraph (2), any associa-
tion that owns a Federal land bank association
authorized as of January 1, 2007, to make long-
term loans under title I in its chartered territory
within the geographic area described in sub-
section (b) may make short- and intermediate-
term loans and otherwise operate as a produc-
tion credit association under title II within that
same chartered territory.
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‘‘(B) PRODUCTION CREDIT ASSOCIATIONS.—
Subject to paragraph (2), any association that
under its charter has title I lending authority
and that owns a production credit association
authorized as of January 1, 2007, to make short-
and intermediate-term loans under title II in the
geographic area described in subsection (b) may
make long-term loans and otherwise operate, di-
rectly or through a subsidiary association, as a
Federal land bank association or Federal land
credit association under title I in the geographic
area.
‘‘(C) 
FARM
CREDIT
BANK.—Notwith-
standing section 5.17(a), the Farm Credit Bank
with which any association had a written fi-
nancing agreement as of January 1, 2007, may
make loans and extend other similar financial
assistance with respect to, and may purchase,
any loans made under the new authority pro-
vided under subparagraph (A) or (B) by an as-
sociation exercising such authority.
‘‘(2) REQUIRED
APPROVALS.—An association
may exercise the additional authority provided for in
paragraph (1) only after the exercise of the authority
is approved by—
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‘‘(A) the board of directors of the associa-
tion; and
‘‘(B) a majority of the voting stockholders of
the association (or, if the association is a sub-
sidiary of another association, the voting stock-
holders of the parent association) voting, in per-
son or by proxy, at a duly authorized meeting of
stockholders in accordance with the process de-
scribed in section 7.11.
‘‘(b) APPLICABILITY.—This section applies only to as-
sociations the chartered territory of which was within the
geographic area served by the Federal intermediate credit
bank immediately prior to its merger with a Farm Credit
Bank under section 410(e)(1) of the Agricultural Credit Act
of 1987 (12 U.S.C. 2011 note; Public Law 100–233).’’.
(c) CHARTER AMENDMENTS.—Section 5.17(a) of the
Farm Credit Act of 1971 (12 U.S.C. 2252(a)) is amended
by adding at the end the following:
‘‘(15)(A) Approve amendments to the charters of
institutions of the Farm Credit System to implement
the equalization of loan-making powers of a Farm
Credit System association under section 7.7.
‘‘(B) Amendments described in subparagraph (A)
to the charters of an association and the related Farm
Credit Bank shall be approved by the Farm Credit
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Administration, subject to any conditions of approval
imposed, by not later than 30 days after the date on
which the Farm Credit Administration receives all
approvals required by section 7.7 (a)(2).’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 5.17(a)(2) of the Farm Credit Act of
1971 (12 U.S.C. 2252(a)(2)) is amended—
(A) by striking ‘‘(2)(A)’’ and inserting
‘‘(2)’’; and
(B) by striking subparagraphs (B) and (C).
(2) SECTION
410
OF
THE
1987
ACT.—Section
410(e)(1)(A)(iii) of the Agricultural Credit Act of
1987 (12 U.S.C. 2011 note; Public Law 100–233) is
amended by inserting ‘‘(except section 7.7 of that
Act)’’ after ‘‘(12 U.S.C. 2001 et seq.)’’.
(3) SECTION
401
OF
THE
1992
ACT.—Section
401(b) of the Farm Credit Banks and Associations
Safety and Soundness Act of 1992 (12 U.S.C. 2011
note; Public Law 102–552) is amended—
(A) by inserting ‘‘(except section 7.7 of the
Farm Credit Act of 1971)’’ after ‘‘provision of
law’’; and
(B) by striking ‘‘, subject to such limita-
tions’’ and all that follows through the end of the
paragraph and inserting a period.
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(e) EFFECTIVE DATE.—The amendments made by this
section take effect on January 1, 2010.
Subtitle E—Miscellaneous
SEC. 
5401. 
LOANS 
TO 
PURCHASERS 
OF 
HIGHLY
FRACTIONED LAND.
The first section of Public Law 91–229 (25 U.S.C. 488)
is amended—
(1) by striking ‘‘That the Secretary’’ and insert-
ing the following:
‘‘SECTION 
1. 
LOANS 
TO 
PURCHASERS 
OF 
HIGHLY
FRACTIONED LAND.
‘‘(a) IN GENERAL.—The Secretary’’; and
(2) by adding at the end the following:
‘‘(b) HIGHLY FRACTIONATED LAND.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the
Secretary of Agriculture may make and insure loans
in accordance with section 309 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1929) to
eligible purchasers of highly fractionated land pursu-
ant to section 205(c) of the Indian Land Consolida-
tion Act (25 U.S.C. 2204(c)).
‘‘(2) EXCLUSION.—Section 4 shall not apply to
trust land, restricted tribal land, or tribal corporation
land that is mortgaged in accordance with paragraph
(1).’’.
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SEC. 5402. DETERMINATION ON MERITS OF PIGFORD
CLAIMS.
(a) DEFINITIONS.—In this section:
(1) CONSENT DECREE.—The term ‘‘consent de-
cree’’ means the consent decree in the case of Pigford
v. Glickman, approved by the United States District
Court for the District of Columbia on April 14, 1999.
(2) PIGFORD CLAIM.—The term ‘‘Pigford claim’’
means a discrimination complaint, as defined by sec-
tion 1(h) of the consent decree and documented under
section 5(b) of the consent decree.
(3) PIGFORD
CLAIMANT.—The term ‘‘Pigford
claimant’’ means an individual who previously sub-
mitted a late-filing request under section 5(g) of the
consent decree.
(b) DETERMINATION ON MERITS.—Any Pigford claim-
ant who has not previously obtained a determination on
the merits of a Pigford claim may, in a civil action brought
in the United States District Court for the District of Co-
lumbia, obtain that determination.
(c) LIMITATION.—
(1) IN GENERAL.—Subject to paragraph (2), all
payments or debt relief (including any limitation on
foreclosure under subsection (g)) shall be made exclu-
sively from funds made available under subsection
(h).
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(2) MAXIMUM
AMOUNT.—The total amount of
payments and debt relief pursuant to an action com-
menced under subsection (b) shall not exceed
$100,000,000.
(d) INTENT OF CONGRESS AS TO REMEDIAL NATURE
OF SECTION.—It is the intent of Congress that this section
be liberally construed so as to effectuate its remedial pur-
pose of giving a full determination on the merits for each
Pigford claim denied that determination.
(e) LOAN DATA.—
(1) REPORT
TO
PERSON
SUBMITTING
PETI-
TION.—Not later than 60 days after the Secretary re-
ceives notice of a complaint filed by a claimant under
subsection (b), the Secretary shall provide to the
claimant a report on farm credit loans made within
the claimant’s county or adjacent county by the De-
partment during the period beginning on January 1
of the year preceding the year or years covered by the
complaint and ending on December 31 of year fol-
lowing such year or years. Such report shall contain
information on all persons whose application for a
loan was accepted, including—
(A) the race of the applicant;
(B) the date of application;
(C) the date of the loan decision;
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(D) the location of the office making the
loan decision; and
(E) all data relevant to the process of decid-
ing on the loan.
(2) NO
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—The reports provided pursuant to paragraph
(1) shall not contain any information that would
identify any person that applied for a loan from the
Department of Agriculture.
(f) EXPEDITED RESOLUTIONS AUTHORIZED.—Any
person filing a complaint under this Act for discrimination
in the application for, or making or servicing of, a farm
loan, at his or her discretion, may seek liquidated damages
of $50,000, discharge of the debt that was incurred under,
or affected by, the discrimination that is the subject of the
person’s complaint, and a tax payment in the amount equal
to 25 percent of the liquidated damages and loan principal
discharged, in which case—
(1) if only such damages, debt discharge, and tax
payment are sought, the complainant shall be able to
prove his or her case by substantial evidence (as de-
fined in section 1(l) of the consent decree); and
(2) the court shall decide the case based on a re-
view of documents submitted by the complainant and