[Congressional Record Volume 146, Number 16 (Tuesday, February 22, 2000)]
[Senate]
[Page S683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURNS:
  S. 2079. A bill to facilitate the timely resolution of back-logged 
civil rights discrimination cases of the Department of Agriculture, and 
for other purposes; to the Committee on Agriculture, Nutrition, and 
Forestry.


              THE USDA CIVIL RIGHTS RESOLUTION ACT OF 2000

 Mr. BURNS. Mr. President. I am pleased today to introduce a 
bill that is designed to clean up a terrible mess at the U.S. 
Department of Agriculture, dealing with civil rights.
  Last year, a finding was made that the USDA had, for decades, been 
guilty of violating many of America's producer's civil rights. When 
these producers tried to take advantage of the programs offered by the 
USDA they were treated differently than their friends and neighbors.
  Many cases have been pending for too long. At least one has been on 
the list for up to ten years. Due to USDA's inaction, Congress waived 
the statute of limitations on certain USDA discrimination cases, giving 
farmers until October 21, 2000, to file or re-file cases that allegedly 
occurred between 1981 through 1997. In addition to the cases that have 
been pending, that added another major backlog.
  While we realize there is a massive backlog of cases to be dealt 
with, we feel Congress has made a good-faith effort to assist the 
Office of Civil Rights (OCR) in every way possible. We have written 
countless letters and met with Rosalind Gray, the Director of the OCR 
to discuss this issue. In addition, in 1998 the Senate included money 
in the agricultural appropriations bill, to deal with this back-log of 
cases.
  However, despite numerous phone calls and letters, no progress has 
been made in resolving these cases. I have invited Department officials 
to come to Montana and speak with the civil rights complainants so that 
we may solve these cases more quickly. So far, I have not seen enough 
action and not nearly enough closure.
  The horror stories about the treatment civil rights complainants have 
received from the USDA are numerous and unbelievable. These complaints 
are simply being ignored. The inadequacy of this process is adding 
insult to injury. These people are being put on hold while the USDA 
plods through their cases. Many have been forced to the brink. They 
don't even know if they can still make agriculture their livelihood 
should USDA finally decide in their favor. Operating costs alone are 
placing many producers at a disadvantage. Add to that, the costs 
associated with filing a complaint and you can see why many feel 
completely helpless, and hopeless.
  I have constituents calling my staff at home because they are on 
their last leg. The OCR has continually ignored requests for 
information from my staff, or delayed sending pertinent information to 
these people. Those affected by these decisions cannot afford to waste 
more precious time listening to the USDA's excuses while they try to 
find a way to buy next month's food. Allowing these cases to go on for 
years and years is a travesty. How can these people get on with their 
life? The USDA has taken away their livelihood. Without equal treatment 
from the USDA they can't run their operations. Without a working farm, 
they have lost everything they had.
  Secretary Glickman has stated publicly and repeatedly that the civil 
rights issue within the Department of Agriculture is an extremely high 
priority on his agenda. It should be. But still, I have seen very 
little action.
  These constituents cannot get on with their lives until the USDA does 
take action. My bill will give the OCR 270 days to resolve the 
complaint after it has been investigated. If, after 270 days the 
complaint is not resolved, the complainant may petition the Civil 
Rights Division of the Department of Justice (DOJ). The DOJ shall then 
conduct a review and make a recommendation to the OCR within 30 days.
  This law will also broaden the statute of limitations. As I said 
earlier, legislation passed by Congress waived the statute of 
limitations on certain USDA discrimination cases, giving farmers until 
October 21, 2000, to file or re-file cases that allegedly occurred 
between 1981 through 1997. However, I want to make sure that civil 
rights cases do not fall through the cracks of that waiver. If an act 
occurred prior to February 22, 1998, for example, that person could not 
file for discrimination. This legislation will cover that gap.
  These cases must be resolved soon. These producers have suffered too 
much already. They cannot afford to wait any longer. We look forward to 
working with members of other states affected by this abuse of the 
civil rights program to resolve these complaints as quickly as 
possible.
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