[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 972 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 972

  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 SENATE OF THE UNITED STATES

                              May 5, 2009

  Mr. Grassley (for himself and Mrs. Hagan) introduced the following 
      bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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. 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>