Page:United States Statutes at Large Volume 122.djvu/2234

 12 2 STA T . 2211 PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 (2)NOPERS O NAL L YID EN T I F IA B LE INFOR M ATION .—Ther e po r ts pro vid edp u rsu an t to para g raph ( 1 ) sha l l not c ontain an y in f or m ation that w ould identify any person who applied for a loan from the D epartment. ( 3 ) R EPORTIN G DEADLINE.— ( A ) I N GENERAL.—The S ecretary shall— (i) provide to claimants the reports re q uired under paragraph (1) as quic k ly as practica b le after the Sec - retary 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 e x pedi- tiously a high priority of the Department. ( B ) EX TENSION.—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 RESOL U TIONS AUT H ORI Z ED.— (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 sub j ect of the 1 or more discrimination claims that are the subject of the person ’ s complaint, and a tax pay- ment 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 pay- ment 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) NON C REDIT 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 pre- vails. (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) L IMITATION ON F ORECLOSURES.—Notwithstanding any other provision of law, during the pendency of a P igford claim, the Sec- retary may not begin acceleration on or foreclosure of a loan if— (1) the borrower is a Pigford claimant; and

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