Sec. 14012. DETERMINATION ON MERITS OF PIGFORD CLAIMS
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## SEC. 14012 DETERMINATION ON MERITS OF PIGFORD CLAIMS ###
(a)Definitions In this section: ####
(1)Consent decree The term “**consent decree**” 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)Department The term “**Department**” means the Department of Agriculture. ####
(3)Pigford claim The term “**Pigford claim**” means a discrimination complaint, as defined by section 1(h) of the consent decree and documented under section 5(b) of the consent decree. ####
(4)Pigford claimant The term “**Pigford claimant**” means an individual who previously submitted a late-filing request under section 5(g) of the consent decree. ###
(b)Determination on Merits Any Pigford claimant 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 Columbia, obtain that determination. ###
(c)Limitation ####
(1)In general Subject to paragraph (2), all payments or debt relief (including any limitation on foreclosure under subsection (h)) shall be made exclusively from funds made available under subsection (i). ####
(2)Maximum amount The total amount of payments and debt relief pursuant to actions commenced 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 purpose of giving a full determination on the merits for each Pigford claim previously denied that determination. ###
(e)Loan Data ####
(1)Report to person submitting petition #####
(A)In general Not later than 120 days after the Secretary receives notice of a complaint filed by a claimant under subsection (b), the Secretary shall provide to the claimant a report on farm credit loans and noncredit benefits, as appropriate, made within the claimant's county (or if no documents are found, within an adjacent county as determined by the claimant), by the Department during the period beginning on January 1 of the year preceding the period covered by the complaint and ending on December 31 of the year following the period. #####
(B)Requirements A report under subparagraph
(A)shall contain information on all persons whose application for a loan or benefit was accepted, including— ######
(i)the race of the applicant; ######
(ii)the date of application; ######
(iii)the date of the loan or benefit decision, as appropriate; ######
(iv)the location of the office making the loan or benefit decision, as appropriate; ######
(v)all data relevant to the decisionmaking process for the loan or benefit, as appropriate; and ######
(vi)all data relevant to the servicing of the loan or benefit, as appropriate. ####
(2)No personally identifiable information The reports provided pursuant to paragraph
(1)shall not contain any information that would identify any person who applied for a loan from the Department. ####
(3)Reporting deadline #####
(A)In general The Secretary shall— ######
(i)provide to claimants the reports required under paragraph
(1)as quickly as practicable after the Secretary receives notice of a complaint filed by a claimant under subsection (b); and ######
(ii)devote such resources of the Department as are necessary to make providing the reports expeditiously a high priority of the Department. #####
(B)Extension A court may extend the deadline for providing the report required in a particular case under paragraph
(1)if the Secretary establishes that meeting the deadline is not feasible and demonstrates a continuing effort and commitment to provide the required report expeditiously. ###
(f)Expedited Resolutions Authorized ####
(1)In general Any person filing a complaint under this section for discrimination in the application for, or making or servicing of, a farm loan, at the discretion of the person, may seek liquidated damages of $50,000, discharge of the debt that was incurred under, or affected by, the 1 or more programs that were the subject of the 1 or more discrimination claims that are 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— #####
(A)if only such damages, debt discharge, and tax payment are sought, the complainant shall be able to prove the case of the complainant by substantial evidence (as defined in section 1(l) of the consent decree); and #####
(B)the court shall decide the case based on a review of documents submitted by the complainant and defendant relevant to the issues of liability and damages. ####
(2)Noncredit claims #####
(A)Standard In any case in which a claimant asserts a noncredit claim under a benefit program of the Department, the court shall determine the merits of the claim in accordance with section 9(b)(i) of the consent decree. #####
(B)Relief A claimant who prevails on a claim of discrimination involving a noncredit benefit program of the Department shall be entitled to a payment by the Department in a total amount of $3,000, without regard to the number of such claims on which the claimant prevails. ###
(g)Actual Damages A claimant who files a claim under this section for discrimination under subsection
(b)but not under subsection
(f)and who prevails on the claim shall be entitled to actual damages sustained by the claimant. ###
(h)Limitation on Foreclosures Notwithstanding any other provision of law, during the pendency of a Pigford claim, the Secretary may not begin acceleration on or foreclosure of a loan if— ####
(1)the borrower is a Pigford claimant; and ####
(2)makes a prima facie case in an appropriate administrative proceeding that the acceleration or foreclosure is related to a Pigford claim. ###
(i)Funding ####
(1)In general Of the funds of the Commodity Credit Corporation, the Secretary shall make available for payments and debt relief in satisfaction of claims against the United States under subsection
(b)and for any actions under subsection
(g)$100,000,000 for fiscal year 2008, to remain available until expended. ####
(2)Authorization of appropriations In addition to funds made available under paragraph (1), there are authorized to be appropriated such sums as are necessary to carry out this section. ###
(j)Reporting Requirements ####
(1)In general Not later than 180 days after the date of the enactment of this Act and every 180 days thereafter until the funds made available under subsection
(i)are depleted, the Secretary shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that describes the status of available funds under subsection
(i)and the number of pending claims under subsection (f). ####
(2)Depletion of funds report In addition to the reports required under paragraph (1), the Secretary shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that notifies the Committees when 75 percent of the funds made available under subsection (i)(1) have been depleted. ###
(k)Termination of Authority The authority to file a claim under this section terminates 2 years after the date of the enactment of this Act. * * * * * * * ## Subtitle B Agricultural Security