CBC argues tough rules could prevent black farmers from winning claims

Members of the Congressional Black Caucus (CBC) are complaining
that legislation funding a settlement for discrimination against black farmers
sets too high a bar for claimants.

The lawmakers argue language added by the Senate, which is
meant to prevent fraud in the program, sets higher standards for proving a
claim than were required for other groups trying to prove loan discrimination
by the Department of Agriculture.

“There’s no question. The bar is much higher,” said Rep.
Bennie Thompson (D-Miss.), a CBC member and chairman of the Homeland Security
Committee.

{mosads}The legislation to be sent to the president would provide
$4.55 billion to settle longstanding discrimination claims with the Department
of Agriculture from black and Native American farmers.

The additional steps added to the claims process include an
audit by an inspector general and oversight by the attorney general’s office, as
well as a review by the secretary of Agriculture, who must sign off on a farmer’s
claim.

Attorneys involved in cases must swear in writing that the
claims are legitimate, and a special federal “adjudicator” must also take an
oath that the claim is legitimate and may request additional information and
documentation. At the end of the process is another round of oversight and
review from the Department of Agriculture and the Department of Justice at the
top levels.

Thompson argues the additional standards are unfair, and
that black farmers are being treated differently from other groups.

“Even when black people are about to receive a settlement,
just because they raised the issue they are being treated differently. There
should be a uniform standard for everybody,” Thompson added.

House Majority Whip James Clyburn (D-S.C.), another CBC
member, agrees with Thompson and said fewer deserving people could get help
because of the standards.

“I have concerns with language added in the Senate that
could have a chilling effect on farmers settling claims,” he said in a
statement about the bill. “I hope the unprecedented processes laid out in this
bill do not become tools for witch hunts and intimidation.”

The legislation follows a 1999 ruling by a federal judge
approving a settlement agreement in the class-action lawsuit filed by black
farmers alleging that USDA discriminated against them in their applications for
loans and other assistance. The judge ruled in the settlement that if claimants
farmed between 1981 and 1996, and had filed a complaint of discrimination by
July 1, 1997, they were eligible for compensation.

Thousands of farmers failed to file complaints by the July
1997 cutoff, however. Congress then authorized a cause of action for the late
filers known as Pigford II. Those looking to win claims under Pigford II must
meet the higher standard.

Another CBC member, Rep. Sheila Jackson Lee (D-Texas), said
lawmakers might look for administrative help if it becomes too difficult for
claimants to win relief.

“If the bar becomes overly difficult, we’re going to look for
administrative relief so that people who are truly in need are not overcome,”
said Jackson Lee, who has found meetings with black farmers in Texas “emotionally
draining.”

The new standards for the Pigford claimants were added by
the Senate after several attempts to move the legislation failed. The
additional requirements were meant to meet concerns about fraud that were
raised most notably by Reps. Michele Bachmann (R-Minn.) and Steve King (R-Iowa).

“We need to have an investigation of every single claim
going out,” Bachmann said in an interview. “This is $50,000 of the taxpayers’
money to every single claimant.

“What we have heard from whistleblowers is that there are
people in urban areas living in highrises getting $50,000 who have never been
on a farm and have never lived on a farm,” Bachmann said.

But Sen. Tom Coburn (R-Okla.), who had opposed earlier
versions of the legislation, said he was satisfied with the new requirements.

“I’m very happy with it; I think they fixed all my concerns;
that’s why I let it go,” said Coburn.

Coburn said there will still be some cases of fraud.

“There’s fraud in everything the government does,” he said.
“There’s just not gonna be as much fraud.”

Other Republicans also said they were satisfied with the
stronger standards.

“The bar was pretty low to start with in the first classes
of Pigford claims, and it has been raised and it should be,” Sen. Saxby
Chambliss (R-Ga.) said.

He said requirements added to the bill on the demands of
Sen. Jon Kyl (R-Ariz.) “hopefully ensure there won’t be any fraud under the
settlement at the end of the day.”