Justice for Black Farmers Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1393 To address the history of discrimination against Black farmers and ranchers, to require reforms within the Department of Agriculture to prevent future discrimination, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 26, 2021 Ms. ADAMS (for herself, Mrs. BEATTY, Mrs. HAYES, Mr. RUSH, Mr. LAWSON of Florida, Ms. LEE of California, Ms. PLASKETT, Ms. SEWELL, Mr. PAYNE, Mr. DANNY K. DAVIS of Illinois, Ms. PRESSLEY, Mr. HASTINGS, Ms. JOHNSON of Texas, and Ms. NORTON) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Education and Labor, Financial Services, the Judici- ary, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To address the history of discrimination against Black farm- ers and ranchers, to require reforms within the Depart- ment of Agriculture to prevent future discrimination, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Justice for Black Farmers Act of 2021’’. 5 VerDate Sep 11 2014 18:22 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1393.IH H1393 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1393 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—DEPARTMENT OF AGRICULTURE CIVIL RIGHTS REFORMS Sec. 101. Definitions. Sec. 102. Independent Civil Rights Oversight Board. Sec. 103. Equity Commission. Sec. 104. Office of the Assistant Secretary for Civil Rights reforms. Sec. 105. Data collection and reporting. TITLE II—BLACK FARMER LAND GRANTS Sec. 201. Definitions. Sec. 202. Establishment of the Under Secretary of Agriculture for Equitable Land Access and the Equitable Land Access Service. Sec. 203. Provision of land grants. Sec. 204. Identification of land. Sec. 205. Restrictions on conveyed land. Sec. 206. Eligibility for assistance. Sec. 207. Completion of farmer training program and succession planning. Sec. 208. Grants for qualified entities. Sec. 209. Farm Conservation Corps. Sec. 210. Annual report to Congress. TITLE III—FUNDING FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES Sec. 301. Funding for historically Black colleges and universities. Sec. 302. USDA/1890 National Scholars Program. TITLE IV—LAND RETENTION AND CREDIT ASSISTANCE Sec. 401. Protections for land ownership. Sec. 402. Access to credit for socially disadvantaged farmers and ranchers. Sec. 403. Additional credit assistance. Sec. 404. Foreclosure moratorium. TITLE V—AGRICULTURAL SYSTEM REFORMS Subtitle A—Amendments to Packers and Stockyards Act, 1921 Sec. 501. Definitions. Sec. 502. Unlawful practices. Sec. 503. Spot market purchases of livestock by packers. Sec. 504. Investigation of live poultry dealers. Sec. 505. Award of attorney fees. Sec. 506. Technical amendments. Subtitle B—Local Agriculture Market Program Sec. 511. Local Agriculture Market Program. VerDate Sep 11 2014 18:22 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1393.IH H1393 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1393 IH Subtitle C—Conservation and Renewable Energy Programs Sec. 521. Conservation technical assistance. Sec. 522. Conservation Stewardship Program. Sec. 523. Rural Energy for America Program. Sec. 524. Conservation and renewable energy programs priority. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of Agriculture. 4 (2) SOCIALLY DISADVANTAGED FARMER OR 5 RANCHER.—The term ‘‘socially disadvantaged farm- 6 er or rancher’’ means a farmer or rancher who is a 7 member of a socially disadvantaged group. 8 (3) SOCIALLY DISADVANTAGED GROUP.—The 9 term ‘‘socially disadvantaged group’’ means a group 10 whose members have been subjected to racial or eth- 11 nic prejudice because of their identity as members of 12 a group without regard to their individual qualities. 13 TITLE I—DEPARTMENT OF AGRI- 14 CULTURE CIVIL RIGHTS RE- 15 FORMS 16 SEC. 101. DEFINITIONS. 17 In this title: 18 (1) ASSISTANT SECRETARY.—The term ‘‘Assist- 19 ant Secretary’’ means the Assistant Secretary of Ag- 20 riculture for Civil Rights. 21 VerDate Sep 11 2014 18:22 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1393.IH H1393 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1393 IH (2) BOARD.—The term ‘‘Board’’ means the De- 1 partment of Agriculture Civil Rights Oversight 2 Board established by section 102(a). 3 (3) COMMISSION.—The term ‘‘Commission’’ 4 means the Equity Commission established by section 5 103(a)(1). 6 (4) OFFICE.—The term ‘‘Office’’ means the Of- 7 fice of the Assistant Secretary. 8 SEC. 102. INDEPENDENT CIVIL RIGHTS OVERSIGHT BOARD. 9 (a) IN GENERAL.—There is established in the De- 10 partment of Agriculture an independent board, to be 11 known as the ‘‘Department of Agriculture Civil Rights 12 Oversight Board’’— 13 (1) to oversee the Office; and 14 (2) to protect the rights of individuals who seek 15 to file, or do file, a discrimination complaint with the 16 Office. 17 (b) DUTIES.—The Board shall— 18 (1)(A) conduct a de novo review with fact find- 19 ing power, including notice and opportunity for a 20 hearing, of any appeal of a decision made by the Of- 21 fice, including any appeal of a dismissal of a com- 22 plaint; and 23 VerDate Sep 11 2014 18:22 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1393.IH H1393 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 1393 IH (B) issue a written decision within 180 days of 1 receipt of an appeal or dismissal described in sub- 2 paragraph (A); 3 (2) investigate reports of discrimination within 4 the Department of Agriculture, make findings of 5 fact and conclusions of law in accordance with the 6 findings, and recommend to the Secretary appro- 7 priate actions relative to specific findings; 8 (3) recommend improvements to Department of 9 Agriculture policies and procedures to address pat- 10 terns and practices of discrimination and to prevent 11 further discrimination; 12 (4) conduct regular reviews to assess the com- 13 pliance of the Office with civil rights, fair employ- 14 ment, and pay equity laws and policies applicable to 15 the Office; 16 (5) provide oversight over Farm Service Agency 17 county committees; 18 (6)(A) assess the progress made by the pro- 19 grams and policies established under this Act and 20 the amendments made by this Act; and 21 (B) submit recommendations for improvements 22 to those programs or policies to the Secretary; and 23 (7)(A) prepare an annual report on the status 24 of socially disadvantaged farmers and ranchers and 25 VerDate Sep 11 2014 18:22 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1393.IH H1393 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 1393 IH the treatment of socially disadvantaged farmers and 1 ranchers by the Department of Agriculture; 2 (B) make each report prepared under subpara- 3 graph (A) publicly available; and 4 (C) submit each report prepared under sub- 5 paragraph (A) to the Attorney General. 6 (c) AUTHORIZATION OF APPROPRIATIONS.—There 7 are authorized to be appropriated for each of fiscal years 8 2021 through 2030 such sums as are necessary to carry 9 out this section. 10 SEC. 103. EQUITY COMMISSION. 11 (a) ESTABLISHMENT.— 12 (1) IN GENERAL.—There is established in the 13 Department of Agriculture the Equity Commission, 14 the purposes of which are— 15 (A) to study historical and continuing dis- 16 crimination by the Department of Agriculture 17 against Black farmers and ranchers that is fos- 18 tered or perpetuated by the laws, policies, or 19 practices of the Department of Agriculture; and 20 (B) to recommend actions to end the sys- 21 tematic disparities in treatment of Black farm- 22 ers and ranchers, particularly by the Depart- 23 ment of Agriculture. 24 (2) MEMBERSHIP.— 25 VerDate Sep 11 2014 18:22 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1393.IH H1393 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 1393 IH (A) COMPOSITION.—The Commission shall 1 be composed of 9 members, to be appointed by 2 the Secretary, of whom— 3 (i) 3 shall be Black farmers or ranch- 4 ers with not less than 10 years of experi- 5 ence in farming or ranching; 6 (ii) 3 shall be employees or board 7 members of nonprofit organizations that 8 have not less than 7 years of experience 9 providing meaningful agricultural, business 10 assistance, legal assistance, or advocacy 11 services to Black farmers or ranchers; and 12 (iii) 3 shall be faculty or staff from 13 1890 Institutions (as defined in section 2 14 of the Agricultural Research, Extension, 15 and Education Reform Act of 1998 (7 16 U.S.C. 7601)) or the University of the Dis- 17 trict of Columbia. 18 (B) DATE.—The appointments of the 19 members of the Commission shall be made not 20 later than 90 days after the date of enactment 21 of this Act. 22 (3) PERIOD OF APPOINTMENT; VACANCIES.— 23 VerDate Sep 11 2014 18:22 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1393.IH H1393 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 1393 IH (A) IN GENERAL.—A member of the Com- 1 mission shall be appointed for the life of the 2 Commission. 3 (B) VACANCIES.—A vacancy in the Com- 4 mission— 5 (i) shall not affect the powers of the 6 Commission; and 7 (ii) shall be filled in the same manner 8 as the original appointment. 9 (4) MEETINGS.— 10 (A) INITIAL MEETING.—Not later than 30 11 days after the date on which all members of the 12 Commission have been appointed, the Commis- 13 sion shall hold the first meeting of the Commis- 14 sion. 15 (B) FREQUENCY.—The Commission shall 16 meet at the call of the Chairperson. 17 (C) QUORUM.—A majority of the members 18 of the Commission shall constitute a quorum, 19 but a lesser number of members may hold hear- 20 ings. 21 (5) CHAIRPERSON AND VICE CHAIRPERSON.— 22 The Commission shall select a Chairperson and Vice 23 Chairperson from among the members of the Com- 24 mission. 25 VerDate Sep 11 2014 18:22 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1393.IH H1393 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 1393 IH (b) DUTIES OF THE COMMISSION.— 1 (1) STUDY.—The Commission shall study dis- 2 crimination against Black farmers and ranchers by 3 the Department of Agriculture, including by con- 4 ducting investigations of— 5 (A) the prevalence of discrimination 6 against Black farmers and ranchers in Depart- 7 ment of Agriculture agencies and programs, in- 8 cluding Farm Service Agency county commit- 9 tees; and 10 (B) the status of claimants who filed for 11 relief under the settlement agreement and con- 12 sent decree in Pigford v. Glickman, 185 F.R.D. 13 82 (D.D.C. 1999) or the settlement agreement 14 in In re Black Farmers Discrimination Litiga- 15 tion, Misc. No. 08–mc–0511 (PLF), with a par- 16 ticular focus on the status of claimants who did 17 not receive payments. 18 (2) RECOMMENDATIONS.—The Commission 19 shall develop recommendations for— 20 (A) ending the systematic disparities in 21 treatment of Black farmers and ranchers, par- 22 ticularly by the Department of Agriculture; 23 (B) improving the structure of Farm Serv- 24 ice Agency county committees to better serve 25 VerDate Sep 11 2014 18:22 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1393.IH H1393 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 1393 IH socially disadvantaged farmers and ranchers, 1 including, if necessary, recommending the elimi- 2 nation and replacement of those committees; 3 and 4 (C) addressing any mishandling of pay- 5 ments identified through studying the matters 6 under paragraph (1)(B). 7 (3) OUTREACH.—In studying the matters under 8 paragraph (1) and developing recommendations 9 under paragraph (2), the Commission shall— 10 (A) consult with the Socially Disadvan- 11 taged Farmers and Ranchers Policy Research 12 Center; and 13 (B) hold town hall meetings with socially 14 disadvantaged farmers and ranchers, research- 15 ers, and civil rights advocates. 16 (4) REPORT.—Not later than 2 years after the 17 date of enactment of this Act, the Commission shall 18 make publicly available a detailed report that de- 19 scribes— 20 (A) the findings of the study under para- 21 graph (1); and 22 (B) the recommendations developed under 23 paragraph (2). 24 (c) POWERS OF COMMISSION.— 25 VerDate Sep 11 2014 18:22 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1393.IH H1393 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 1393 IH (1) HEARINGS.—The Commission shall hold 1 open, televised, and public hearings, during which 2 the Commission may sit and act at such times and 3 places, take such testimony, and receive such evi- 4 dence as the Commission considers advisable to 5 carry out this section. 6 (2) INFORMATION FROM FEDERAL AGENCIES.— 7 (A) IN GENERAL.—The Commission may 8 secure directly from a Federal department or 9 agency such information as the Commission 10 considers necessary to carry out this section. 11 (B) FURNISHING INFORMATION.—On re- 12 quest of the Chairperson of the Commission, 13 the head of the department or agency shall fur- 14 nish the information to the Commission. 15 (3) POSTAL SERVICES.—The Commission may 16 use the United States mails in the same manner and 17 under the same conditions as other departments and 18 agencies of the Federal Government. 19 (4) GIFTS.—The Commission may accept, use, 20 and dispose of gifts or donations of services or prop- 21 erty. 22 (d) COMMISSION PERSONNEL MATTERS.— 23 (1) COMPENSATION OF MEMBERS.—A member 24 of the Commission who is not an officer or employee 25 VerDate Sep 11 2014 18:22 Apr 06, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1393.IH H1393 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 1393 IH of the Federal Government shall be compensated at 1 a rate equal to the daily equivalent of the annual 2 rate of basic pay prescribed for level IV of the Exec- 3 utive Schedule under section 5315 of title 5, United 4 States Code, for each day (including travel time) 5 during which the member is engaged in the perform- 6 ance of the duties of the Commission. 7 (2) TRAVEL EXPENSES.—A member of the 8 Commission shall be allowed travel expenses, includ- 9 ing per diem in lieu of subsistence, at rates author- 10 ized for employees of agencies under subchapter I of 11 chapter 57 of title 5, United [Text truncated for display. 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