Amends the Food, Conservation, and Energy Act of 2008 to make it unlawful for a person to knowingly commit specified fraudulent acts relating to a Pigford claim (relating to racial discrimination by the Department of Agriculture). Subjects a violator to criminal fine and/or up to five years in prison.
Provides for: (1) access to the permanent judgment fund for additional claims payments or debt relief after the expenditure of amounts otherwise made available for claims payments; and (2) reasonable attorney fees, administrative costs, and expenses to be paid from such fund.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3623 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3623
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 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.
SEC. 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.''.
<all>
Introduced in House
Introduced in House
Referred to House Judiciary
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.
Referred to House Agriculture
Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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