By Aliya Sternstein, CQ Staff

Tucked into the farm bill conference report is a provision that would let some black farmers renew their efforts to collect damages from the Agriculture Department over alleged civil rights abuses.

In 1999, a federal district court concluded that for decades the department denied applications for loans and credits on the basis of race, and the court ordered that restitution be paid — some $1 billion to date. But many claimants filed too late to qualify.

The provision in the conference report on the farm bill (HR 2419), championed by Democratic Sen. Barack Obama of Illinois, who is running for president, and members of the Congressional Black Caucus, would reopen the claims process for black farmers who had previously submitted late requests.

Meanwhile, the Agriculture Department’s inspector general is investigating whether a Farm Service Agency official violated laws that prohibit federal employees from using government resources to lobby by sending an e-mail message in August to other department employees urging them to oppose the legislation.

Separate from the e-mail matter, the Agriculture Department was accused of obstructing a February Government Accountability Office (GAO) review of the agency’s civil rights record, requested by Democratic Sen. Tom Harkin of Iowa, Republican Sens. Richard G. Lugar of Indiana and Charles E. Grassley of Iowa, and Rep. Edolphus Towns , a New York Democrat.

Responding to that accusation, the Agriculture Department’s general counsel, Marc Kesselman, said in a March 11 letter to the lawmakers that GAO staff arrived without notice, stated they were there in their capacity as “criminal investigators” and, without further explanation, demanded immediate access to Agriculture Department facilities to interrogate 10 employees.

Kesselman said Agriculture Department employees suggested that the department’s own inspector general would be a more “appropriate avenue for looking into any such concerns” and that it was important for the process to be conducted through the proper channels.

Subsequently, the Agriculture Department’s inspector general interviewed the employees with the GAO present.

Wednesday’s Hearing

Witnesses from both agencies will testify at a hearing Wednesday before the Oversight and Government Reform Subcommittee on Government Management, Organization and Procurement.

A subcommittee aide said the hearing will examine what some believe is a pattern of civil rights abuses.

“For too long, we have heard from minority farmers and workers at [the Agriculture Department] that they have been shut out of government loans and jobs because of the color of their skin,” said Towns, who chairs the panel.

In 2002, Congress mandated the creation of an assistant secretary for civil rights (PL 107-171) in the department.