[Congressional Record Volume 144, Number 14 (Tuesday, February 24, 1998)]
[Extensions of Remarks]
[Page E217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          DEPARTMENT OF JUSTICE BARS REMEDY FOR BLACK FARMERS

                                 ______
                                 

                         HON. JOHN CONYERS, JR.

                              of michigan

                    in the house of representatives

                       Tuesday, February 24, 1998

  Mr. CONYERS. Mr. Speaker, it is with outrage that I rise today to 
strongly admonish the Attorney General Janet Reno, and the Department 
of Justice in its handling of discrimination complaints of Black 
Farmers. It has come to the attention of the members of the 
Congressional Black Caucus that Attorney General Janet Reno will be 
releasing an opinion shortly which would block many Black Farmers from 
receiving adequate relief in the form of compensatory damages for 
federal claims made prior to 1994. The fate of many, many black farmers 
will rest on this opinion.
  The situation is that the United States Department of Agriculture 
encouraged all farmer program participants to participate in the 
administrative complaint/investigation process. Subsequently, after the 
farmers placed their claims in good faith, the USDA in effect ``closed 
down'' the administrative process. This process was closed down for 
approximately 12 years with no notice of this ``closing down'' being 
given to the farmers. Finally, when the black farmers filed lawsuits 
because that were getting no satisfaction from the administrative 
process, they were told they were barred by the Statute Of Limitations.
  The government is complicit and has unclean hands in this matter. It 
is shameful that the Department of Justice has decided to raise 
technical defenses, primarily the Statute Of Limitations to bar claims 
made by the these farmers. The black farmers are granted only one 
avenue for monetary remedy from which the Department of Justice is 
allowing payment. This avenue is The Equal Credit Opportunity Act of 
1972. This Act has a two year statute of limitations. Hence, all black 
farmers who made their claims prior to 1994 will be barred from 
monetary relief, even in cases where discrimination can be established. 
This is a crime and an atrocity. If the Attorney General goes forward 
with this tact, then only program type relief will be available. 
Program relief includes debt and loan forgiveness. Such relief would 
not be sufficient to right the wrongs done to America's Black Farmers.
  I strongly urge Attorney General Janet Reno and the Department of 
Justice not to issue this opinion, not add to injustices that black 
farmers have suffered, not to be final death knell to hope for justice 
and fairness to these black farmers.

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