Federal

Justice for Black Farmers Act of 2023

Source: Congress.gov · 16,296 words in original text

What This Bill Does

This bill addresses discrimination against Black farmers and ranchers by the Department of Agriculture. It creates new oversight boards and commissions to investigate discrimination. The bill also provides land grants to eligible Black individuals and makes changes to farm credit and agricultural market rules.

Who It Affects

- Black farmers and ranchers - Eligible Black individuals age 21 and older - Socially disadvantaged farmers and ranchers - The Department of Agriculture and its agencies - Community organizations serving Black farmers - Historically Black colleges and universities - Poultry growers, swine contractors, and livestock producers - Packers and meat processing companies - Young adults ages 18-29 from disadvantaged groups

Key Provisions

- Creates an independent Civil Rights Oversight Board to review discrimination complaints, investigate discrimination within the Department of Agriculture, and provide annual reports on how the department treats socially disadvantaged farmers (Sec. 102) - Establishes an Equity Commission with 9 members to study historical discrimination against Black farmers and develop recommendations to end systematic disparities in treatment (Sec. 103) - Provides land grants of up to 160 acres at no cost to eligible Black individuals, with a goal of granting not less than 20,000 land grants annually through fiscal year 2032 (Sec. 203) - Establishes the Farm Conservation Corps to train young adults ages 18-29 from disadvantaged groups for careers in farming and ranching, with enrollment of not fewer than 20,000 per year (Sec. 209) - Creates the National Socially Disadvantaged Farmer and Rancher Bank to provide financing to credit unions, mutual savings banks, and community development financial institutions that serve socially disadvantaged farmers (Sec. 402) - Prohibits packers from using forward contracts that lack a firm base price, require formula pricing, or exceed certain livestock quantities (Sec. 502) - Forgives loan debt for Black farmers who filed claims in the Pigford v. Glickman settlement case and provides them grants equal to 30 percent of forgiven debt (Sec. 403)

What Changes

If this bill becomes law, the Department of Agriculture will establish new positions including an Under Secretary for Equitable Land Access, a Civil Rights Ombudsman, and an independent oversight board. The department must publish annual reports breaking down assistance by race, ethnicity, and gender of recipients. Black farmers will receive free land grants with restrictions keeping the land in agricultural use in perpetuity. Socially disadvantaged farmers gain access to zero-percent interest farm loans for the first 7 years. The rules for how meat packers can contract with livestock producers change significantly, requiring more transparency and limiting certain types of forward contracts. Former Pigford claimants receive debt forgiveness and additional grants.

Important Definitions

- **Eligible Black individual**: A person born in the United States, at least 21 years old, who previously identified as Black or African American, and has at least one parent of African ancestry (Sec. 201) - **Socially disadvantaged farmer or rancher**: Has the meaning given in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990, which is incorporated by reference in this bill (Sec. 2) - **Farmer training**: A program providing at least 30 academic credit hours equivalent to teach eligible individuals how to operate a farm or ranch profitably with focus on soil and ecosystem regeneration (Sec. 201) - **Qualified entity**: A nonprofit organization with at least 3 years serving Black farmers where at least 50 percent of board members are Black, or an 1890 Institution (historically Black college) (Sec. 201) - **Formula price**: Any price term that establishes a base price calculated from a price determined after the forward contract date, excluding adjustments for quality and grade (Sec. 501) - **Forward contract**: An oral or written livestock purchase contract providing delivery more than 7 days after contract date (Sec. 501) - **Animal feeding operation**: A facility where animals are confined and fed for at least 45 days in any 12-month period without sustained crop or vegetation growth (Sec. 201)

Effective Date

Most provisions take effect upon enactment. The foreclosure moratorium on Department of Agriculture loans is effective from the date of enactment through 1 year after the end of the COVID-19 public health emergency declaration (Sec. 404). The 5-year period for socially disadvantaged farmers to access certain direct operating loans begins on the date of enactment (Sec. 206).

I 118TH CONGRESS 1ST SESSION H. R. 1167 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 24, 2023 Ms. ADAMS (for herself, Mrs. BEATTY, Mr. BISHOP of Georgia, Mr. BLU- MENAUER, Ms. BLUNT ROCHESTER, Ms. BUSH, Mr. CARSON, Mrs. HAYES, Mr. KHANNA, Ms. LEE of California, Ms. NORTON, Ms. STANSBURY, and Mr. THOMPSON of Mississippi) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Education and the Workforce, Financial Services, the Judiciary, and the Budget, for a period to be subsequently deter- mined 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 2023’’. 5 VerDate Sep 11 2014 00:38 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1167.IH H1167 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1167 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 00:38 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1167.IH H1167 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1167 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; SOCIALLY DISADVANTAGED GROUP.—The 6 terms ‘‘socially disadvantaged farmer or rancher’’ 7 and ‘‘socially disadvantaged group’’ have the mean- 8 ings given such terms in section 2501(a) of the 9 Food, Agriculture, Conservation, and Trade Act of 10 1990 (7 U.S.C. 2279(a)). 11 TITLE I—DEPARTMENT OF AGRI- 12 CULTURE CIVIL RIGHTS RE- 13 FORMS 14 SEC. 101. DEFINITIONS. 15 In this title: 16 (1) ASSISTANT SECRETARY.—The term ‘‘Assist- 17 ant Secretary’’ means the Assistant Secretary of Ag- 18 riculture for Civil Rights. 19 (2) BOARD.—The term ‘‘Board’’ means the De- 20 partment of Agriculture Civil Rights Oversight 21 Board established by section 102(a). 22 VerDate Sep 11 2014 00:38 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1167.IH H1167 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1167 IH (3) COMMISSION.—The term ‘‘Commission’’ 1 means the Equity Commission established by section 2 103(a)(1). 3 (4) OFFICE.—The term ‘‘Office’’ means the Of- 4 fice of the Assistant Secretary. 5 SEC. 102. INDEPENDENT CIVIL RIGHTS OVERSIGHT BOARD. 6 (a) IN GENERAL.—There is established in the De- 7 partment of Agriculture an independent board, to be 8 known as the ‘‘Department of Agriculture Civil Rights 9 Oversight Board’’— 10 (1) to oversee the Office; and 11 (2) to protect the rights of individuals who seek 12 to file, or do file, a discrimination complaint with the 13 Office. 14 (b) DUTIES.—The Board shall— 15 (1)(A) conduct a de novo review with fact find- 16 ing power, including notice and opportunity for a 17 hearing, of any appeal of a decision made by the Of- 18 fice, including any appeal of a dismissal of a com- 19 plaint; and 20 (B) issue a written decision within 180 days of 21 receipt of an appeal or dismissal described in sub- 22 paragraph (A); 23 (2) investigate reports of discrimination within 24 the Department of Agriculture, make findings of 25 VerDate Sep 11 2014 00:38 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1167.IH H1167 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1167 IH fact and conclusions of law in accordance with the 1 findings, and recommend to the Secretary appro- 2 priate actions relative to specific findings; 3 (3) recommend improvements to Department of 4 Agriculture policies and procedures to address pat- 5 terns and practices of discrimination and to prevent 6 further discrimination; 7 (4) conduct regular reviews to assess the com- 8 pliance of the Office with civil rights, fair employ- 9 ment, and pay equity laws and policies applicable to 10 the Office; 11 (5) provide oversight over Farm Service Agency 12 county committees; 13 (6)(A) assess the progress made by the pro- 14 grams and policies established under this Act and 15 the amendments made by this Act; and 16 (B) submit recommendations for improvements 17 to those programs or policies to the Secretary; and 18 (7)(A) prepare an annual report on the status 19 of socially disadvantaged farmers and ranchers and 20 the treatment of socially disadvantaged farmers and 21 ranchers by the Department of Agriculture; 22 (B) make each report prepared under subpara- 23 graph (A) publicly available; and 24 VerDate Sep 11 2014 00:38 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1167.IH H1167 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1167 IH (C) submit each report prepared under sub- 1 paragraph (A) to the Attorney General. 2 (c) AUTHORIZATION OF APPROPRIATIONS.—There 3 are authorized to be appropriated for each of fiscal years 4 2024 through 2033 such sums as are necessary to carry 5 out this section. 6 SEC. 103. EQUITY COMMISSION. 7 (a) ESTABLISHMENT.— 8 (1) IN GENERAL.—There is established in the 9 Department of Agriculture the Equity Commission, 10 the purposes of which are— 11 (A) to study historical and continuing dis- 12 crimination by the Department of Agriculture 13 against Black farmers and ranchers that is fos- 14 tered or perpetuated by the laws, policies, or 15 practices of the Department of Agriculture; and 16 (B) to recommend actions to end the sys- 17 tematic disparities in treatment of Black farm- 18 ers and ranchers, particularly by the Depart- 19 ment of Agriculture. 20 (2) MEMBERSHIP.— 21 (A) COMPOSITION.—The Commission shall 22 be composed of 9 members, to be appointed by 23 the Secretary, of whom— 24 VerDate Sep 11 2014 00:38 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1167.IH H1167 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 1167 IH (i) 3 shall be Black farmers or ranch- 1 ers with not less than 10 years of experi- 2 ence in farming or ranching; 3 (ii) 3 shall be employees or board 4 members of nonprofit organizations that 5 have not less than 7 years of experience 6 providing meaningful agricultural, business 7 assistance, legal assistance, or advocacy 8 services to Black farmers or ranchers; and 9 (iii) 3 shall be faculty or staff from 10 1890 Institutions (as defined in section 2 11 of the Agricultural Research, Extension, 12 and Education Reform Act of 1998 (7 13 U.S.C. 7601)) or the University of the Dis- 14 trict of Columbia. 15 (B) DATE.—The appointments of the 16 members of the Commission shall be made not 17 later than 90 days after the date of enactment 18 of this Act. 19 (3) PERIOD OF APPOINTMENT; VACANCIES.— 20 (A) IN GENERAL.—A member of the Com- 21 mission shall be appointed for the life of the 22 Commission. 23 (B) VACANCIES.—A vacancy in the Com- 24 mission— 25 VerDate Sep 11 2014 00:38 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1167.IH H1167 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 1167 IH (i) shall not affect the powers of the 1 Commission; and 2 (ii) shall be filled in the same manner 3 as the original appointment. 4 (4) MEETINGS.— 5 (A) INITIAL MEETING.—Not later than 30 6 days after the date on which all members of the 7 Commission have been appointed, the Commis- 8 sion shall hold the first meeting of the Commis- 9 sion. 10 (B) FREQUENCY.—The Commission shall 11 meet at the call of the Chairperson. 12 (C) QUORUM.—A majority of the members 13 of the Commission shall constitute a quorum, 14 but a lesser number of members may hold hear- 15 ings. 16 (5) CHAIRPERSON AND VICE CHAIRPERSON.— 17 The Commission shall select a Chairperson and Vice 18 Chairperson from among the members of the Com- 19 mission. 20 (b) DUTIES OF THE COMMISSION.— 21 (1) STUDY.—The Commission shall study dis- 22 crimination against Black farmers and ranchers by 23 the Department of Agriculture, including by con- 24 ducting investigations of— 25 VerDate Sep 11 2014 00:38 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1167.IH H1167 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 1167 IH (A) the prevalence of discrimination 1 against Black farmers and ranchers in Depart- 2 ment of Agriculture agencies and programs, in- 3 cluding Farm Service Agency county commit- 4 tees; and 5 (B) the status of claimants who filed for 6 relief under the settlement agreement and con- 7 sent decree in Pigford v. Glickman, 185 F.R.D. 8 82 (D.D.C. 1999) or the settlement agreement 9 in In re Black Farmers Discrimination Litiga- 10 tion, Misc. No. 08–mc–0511 (PLF), with a par- 11 ticular focus on the status of claimants who did 12 not receive payments. 13 (2) RECOMMENDATIONS.—The Commission 14 shall develop recommendations for— 15 (A) ending the systematic disparities in 16 treatment of Black farmers and ranchers, par- 17 ticularly by the Department of Agriculture; 18 (B) improving the structure of Farm Serv- 19 ice Agency county committees to better serve 20 socially disadvantaged farmers and ranchers, 21 including, if necessary, recommending the elimi- 22 nation and replacement of those committees; 23 and 24 VerDate Sep 11 2014 00:38 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1167.IH H1167 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 1167 IH (C) addressing any mishandling of pay- 1 ments identified through studying the matters 2 under paragraph (1)(B). 3 (3) OUTREACH.—In studying the matters under 4 paragraph (1) and developing recommendations 5 under paragraph (2), the Commission shall— 6 (A) consult with the Socially Disadvan- 7 taged Farmers and Ranchers Policy Research 8 Center; and 9 (B) hold town hall meetings with socially 10 disadvantaged farmers and ranchers, research- 11 ers, and civil rights advocates. 12 (4) REPORT.—Not later than 2 years after the 13 date of enactment of this Act, the Commission shall 14 make publicly available a detailed report that de- 15 scribes— 16 (A) the findings of the study under para- 17 graph (1); and 18 (B) the recommendations developed under 19 paragraph (2). 20 (c) POWERS OF COMMISSION.— 21 (1) HEARINGS.—The Commission shall hold 22 open, televised, and public hearings, during which 23 the Commission may sit and act at such times and 24 places, take such testimony, and receive such evi- 25 VerDate Sep 11 2014 00:38 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1167.IH H1167 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 1167 IH dence as the Commission considers advisable to 1 carry out this section. 2 (2) INFORMATION FROM FEDERAL AGENCIES.— 3 (A) IN GENERAL.—The Commission may 4 secure directly from a Federal department or 5 agency such information as the Commission 6 considers necessary to carry out this section. 7 (B) FURNISHING INFORMATION.—On re- 8 quest of the Chairperson of the Commission, 9 the head of the department or agency shall fur- 10 nish the information to the Commission. 11 (3) POSTAL SERVICES.—The Commission may 12 use the United States mails in the same manner and 13 under the same conditions as other departments and 14 agencies of the Federal Government. 15 (4) GIFTS.—The Commission may accept, use, 16 and dispose of gifts or donations of services or prop- 17 erty. 18 (d) COMMISSION PERSONNEL MATTERS.— 19 (1) COMPENSATION OF MEMBERS.—A member 20 of the Commission who is not an officer or employee 21 of the Federal Government shall be compensated at 22 a rate equal to the daily equivalent of the annual 23 rate of basic pay prescribed for level IV of the Exec- 24 utive Schedule under section 5315 of title 5, United 25 VerDate Sep 11 2014 00:38 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1167.IH H1167 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 1167 IH States Code, for each day (including travel time) 1 during which the member is engaged in the perform- 2 ance of the duties of the Commission. 3 (2) TRAVEL EXPENSES.—A member of the 4 Commission shall be allowed travel expenses, includ- 5 ing per diem in lieu of subsistence, at rates author- 6 ized for employees of agencies under subchapter I of 7 chapter 57 of title 5, United States Code, while 8 away from their homes or regular places of business 9 in the performance of services for the Commission. 10 [Text truncated for display. Full text available on Congress.gov.]

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