Pigford Claims Remedy Act of 2007 - Declares that any Pigford claimant (relating to a racial discrimination action against the Department of Agriculture) who has not previously obtained a determination on the merits of a Pigford claim may, in a civil action, obtain that determination.
Asserts that it is Congress's intent that this Act be liberally construed so as to effectuate its remedial purpose of giving a full determination on the merits for each denied Pigford claim.
Directs the Secretary of Agriculture to provide a claimant with a report on farm credit loans made within the claimant's county or adjacent county during a specified period which shall contain information on all accepted applicants (but without any personally identifiable information), including: (1) the applicant's race; (2) the application and loan decision dates; and (3) the location of the office making the loan decision.
Sets forth provisions respecting: (1) expedited claim resolution; and (2) foreclosure limitation.
Defines: (1) "Pigford claimant" as an individual who previously submitted a late-filing request under the consent decree in the case of Pigford v. Glickman (1999); and (2) "Pigford claim" as a discrimination complaint as defined and documented by such consent decree.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1989 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 1989
To provide a mechanism for the determination on the merits of the
claims of claimants who met the class criteria in a civil action
relating to racial discrimination by the Department of Agriculture but
who were denied that determination.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 2007
Mr. Obama introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide a mechanism for the determination on the merits of the
claims of claimants who met the class criteria in a civil action
relating to racial discrimination by the Department of Agriculture but
who were denied that determination.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pigford Claims Remedy Act of 2007''.
SEC. 2. DETERMINATION ON MERITS OF PIGFORD CLAIMS.
(a) In General.--Any Pigford claimant who has not previously
obtained a determination on the merits of a Pigford claim may, in a
civil action, obtain that determination.
(b) 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 denied that determination.
(c) Loan Data.--
(1) Report to person submitting petition.--Not later than
60 days after the Secretary of Agriculture receives notice of a
complaint filed by a claimant under subsection (a), the
Secretary shall provide to the claimant a report on farm credit
loans made within the claimant's county or adjacent county by
the Department 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 following 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;
(D) the location of the office making the loan
decision; and
(E) all data relevant to the process of deciding on
the loan.
(2) No personally identifiable information.--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.
(d) 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; and
(2) 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.
(e) Limitation on Foreclosures.--Notwithstanding any other
provision of law, the Secretary of Agriculture may not begin
acceleration on or foreclosure of a loan if the borrower is a Pigford
claimant and, in an appropriate administrative proceeding, makes a
prima facie case that the foreclosure is related to a Pigford claim.
(f) Definitions.--In this Act--
(1) the term ``Pigford claimant'' means an individual who
previously submitted a late-filing request under section 5(g)
of 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; and
(2) the term ``Pigford claim'' means a discrimination
complaint, as defined by section 1(h) of that consent decree
and documented under section 5(b) of that consent decree.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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