[Congressional Record Volume 156, Number 155 (Wednesday, December 1, 2010)]
[Extensions of Remarks]
[Page E2017]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     CLAIMS RESOLUTION ACT OF 2010

                                 ______
                                 

                               speech of

                        HON. ELIJAH E. CUMMINGS

                              of maryland

                    in the house of representatives

                       Tuesday, November 30, 2010

  Mr. CUMMINGS. Mr. Speaker, I rise today in strong support of the 
motion to concur in the Senate amendments to H.R. 4783. I applaud 
Chairman Rahall for his work on this legislation and commend Speaker 
Pelosi and Leader Hoyer for bringing this legislation to the floor.
  The Senate amendments to H.R. 4783 include, among other provisions, 
the funds necessary to implement settlements reached in the Pigford 
case brought by black farmers who were discriminated against by the 
U.S. Department of Agriculture, USDA, between 1983 and 1997.
  These farmers were denied farm loans and related financial 
assistance--such as disaster assistance--or were forced to wait so long 
to receive such assistance that many of them suffered significant 
financial loss and even the foreclosure of their property.
  Perhaps not surprisingly given how the USDA had already treated them, 
many of these farmers were subsequently unable to obtain justice from 
the USDA when they brought discrimination complaints to the agency.
  Multiple studies of the USDA's lending process revealed the scope of 
the discrimination inherent in the USDA's practices, showing that the 
agency awarded a disproportionate portion of aid to white farmers and 
even to major corporations--and had made significantly larger awards to 
white farmers. Discrepancies were noted particularly in the provision 
of disaster assistance payments.
  I note that according to the 2007 Census, the average annual market 
value of African American-owned farms was less than $31,000. By 
comparison, the average value of farms owned by white farmers exceeded 
$140,000--and many of the corporations that were receiving USDA 
payments were worth millions of dollars.
  While the USDA changed its practices in the late 1990s, the agency 
remained unable or simply unwilling to rectify the harm its 
discriminatory action had caused to black farmers--leading Timothy 
Pigford to file a class action lawsuit seeking relief.
  A settlement resolving this suit was approved in 1999--and according 
to the Congressional Research Service, as of September 2010, nearly 
7,000 of the 22,721 farmers eligible to join this class action suit had 
received approved adjudications.
  However, many thousands more who suffered discrimination and were 
eligible to receive a settlement have still not received an 
adjudication--or missed the deadline to submit a claim under the 
original settlement.
  Subsequently, Congress enacted legislation permitting those who had 
not received a determination to petition for one in civil court. And in 
February of this year, the Obama administration reached a $1.25 billion 
settlement of these so-called ``Pigford II'' claims.
  The Senate amendments to H.R. 4783 include the funds necessary to pay 
these claims and bring closure to thousands of families who have waited 
for so many years for this restitution.
  I note that the Senate amendments also include the funds necessary to 
resolve suits brought by Native Americans pertaining to the 
mismanagement by the Department of the Interior of natural resource 
royalty funds.
  The finalization of these funds is a critical step that we take as a 
nation to show the world that we are truly committed to equality, and 
that we are a nation where every person is treated fairly, regardless 
of race, creed or color. We are also a nation where even the Federal 
Government is not above the law--as evidenced by the payment of 
reparations to those who have been harmed by the government's illegal 
and discriminatory acts.
  I urge the adoption of the Senate amendments to H.R. 4783.

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