I 111th CONGRESS 1st Session H. R. 3623 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.

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.

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. .