Black farmers reimbursed for discrimination

But Clinton administration officials said they are negotiating with Congress on legislation that would waive the two-year statute of limitations for many of the farmers, enabling them to receive money if their claims against the Agriculture Department prove true.

"We're trying to deal with a complicated situation as best we can," said Charlie Rawls, acting general counsel for the Agriculture Department.

The Justice Department, in a memo circulating in Congress, formalized its position that even if discrimination claims involving denial of farm loans and other benefits are proved, current law prevents all but a handful of the estimated 2,000 farmers from collecting damages.

The same question is before a federal judge in a lawsuit filed by 350 of the farmers seeking to represent the entire class and asking for $2 billion in damages. In court briefs due yesterday, the Justice Department made the same case for the statute of limitations, Rawls said.

"We're constrained legally in what we can do," he said.

The Clinton administration's position on the statute of limitations produced sharp criticism from Rep. Cynthia McKinney (D-Ga), who has championed the farmers' cause.

The farmers, she said, shouldn't suffer because previous administrations ignored their claims.

"The administration is hiding behind a legal fig leaf to prevent black farmers with legitimate grievances from receiving justice," McKinney said. "It is time for President Clinton to show some moral fortitude and put his money where his mouth is."

The administration, however, believes that Congress must pass legislation before farmers with provable claims can collect money. A draft of the bill would waive the statute of limitations for complaints brought from 1983 to 1996 - the period covered by the lawsuit - but only if farmers submit to an administrative review process.

04-09-98