Federal

Justice for Black Farmers Act of 2023

Source: Congress.gov · 16,233 words in original text

What This Bill Does

This bill addresses historical discrimination against Black farmers and ranchers by the Department of Agriculture. It creates new oversight boards and commissions to investigate discrimination, establishes a program to give land grants to eligible Black individuals, and creates new credit and assistance programs for socially disadvantaged farmers and ranchers. ##

Who It Affects

- Eligible Black individuals (people born in the U.S., at least 21 years old, who identify as Black or African American and have at least one parent of African ancestry) - Black farmers and ranchers facing discrimination - The Department of Agriculture and its agencies - Farm Service Agency county committees - Community organizations working with Black farmers - Historically Black colleges and universities - Packers, livestock dealers, and swine contractors - Farmers and ranchers with production contracts ##

Key Provisions

- The Department of Agriculture creates an independent Civil Rights Oversight Board to review discrimination complaints, investigate reports of discrimination within the department, and provide annual reports on the status of socially disadvantaged farmers and ranchers (Sec. 102) - An Equity Commission studies historical discrimination against Black farmers by the Department of Agriculture and recommends actions to end systematic disparities in treatment, with nine members appointed by the Secretary of Agriculture (Sec. 103) - The Secretary of Agriculture purchases land from willing sellers and gives grants of that land to eligible Black individuals at no cost, with a goal of conveying at least 20,000 land grants per year for fiscal years 2023 through 2032, with each grant being no more than 160 acres (Sec. 203) - Recipients of land grants who do not have at least two years of agricultural experience must complete a farmer training program at no cost as a condition of receiving the land (Sec. 207) - The Secretary establishes the Farm Conservation Corps to provide young adults ages 18 to 29 from socially disadvantaged groups with training in farming and ranching, with a goal of enrolling at least 20,000 young adults per year (Sec. 209) - A National Socially Disadvantaged Farmer and Rancher Bank is created and chartered with a sole mission to provide financing and assistance to eligible entities serving socially disadvantaged farmers and ranchers (Sec. 402) - Packers, swine contractors, and live poultry dealers are prohibited from using forward contracts that do not contain a firm base price that can be equated to a fixed dollar amount on the date the contract is entered into (Sec. 502) ##

What Changes

If this bill becomes law: - Black farmers and ranchers gain access to free land grants of up to 160 acres through the Department of Agriculture - A new independent board within the Department of Agriculture will review and decide discrimination complaints instead of the Department's General Counsel office - Eligible Black individuals receive direct operating loans with zero percent interest for the first seven years and deferred payments for the first 24 months - Packers and livestock dealers face new restrictions on forward contracts for livestock sales and limits on owning or controlling livestock through subsidiaries - The Department of Agriculture must collect and publicly report annual data on recipients of farm assistance broken down by race, ethnicity, and gender - Farm Service Agency county committees face oversight and potential restructuring or elimination based on recommendations from the Equity Commission - Farmers and ranchers with undivided property ownership interests (tenants in common) become eligible for certain farm loans if they submit a property ownership agreement - A moratorium on Department of Agriculture foreclosures applies during the COVID-19 public health emergency and for one year after it ends ##

Important Definitions

- **Eligible Black Individual**: A person born in the United States, at least 21 years old, who has previously identified as Black or African American and has at least one parent of African ancestry - **Socially Disadvantaged Farmer or Rancher**: A farmer or rancher who is a member of a group that has been subjected to racial or ethnic prejudice because of their identity as members of that group - **Farmer Training**: A program providing at least 30 academic credit hours of study (which may include direct in-field instruction) teaching eligible Black individuals how to operate a farm or ranch profitably with a focus on soil and ecosystem regeneration, with emphasis on low-capital-intensive techniques and local food systems - **Qualified Entity**: A tax-exempt nonprofit organization (or one with a nonprofit fiscal sponsor) with at least three years of experience providing agricultural, business, legal, or advocacy services to Black farmers or ranchers, with at least 50 percent of board members being Black; or an 1890 Institution (a historically Black college or university in the agricultural field) or the University of the District of Columbia - **Formula Price**: A price term that establishes a base from which a purchase price is calculated using a price not determined until after the forward contract is entered into (but does not include prices based on futures market prices or adjustments for quality and grade) - **Forward Contract**: An oral or written contract for livestock purchase providing for delivery more than seven days after the contract is entered into, regardless of whether it is for a specific lot or a specific number over a time period ##

Effective Date

The provisions limiting packers from using forward contracts without a firm base price take effect on the date the bill is enacted (Sec. 502(b)(1)). Packers that already own or control livestock in violation of these rules on the date of enactment have a transition period specified in the bill (Sec. 502(b)(2)). The moratorium on foreclosures is effective from the date of enactment through one year after the COVID-19 public health emergency is lifted (Sec. 404). All other provisions take effect according to their individual implementation timelines as specified within each section. Not specified in bill text for most other provisions.

II 118TH CONGRESS 1ST SESSION S. 96 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 SENATE OF THE UNITED STATES JANUARY 26, 2023 Mr. BOOKER (for himself, Ms. WARREN, Mrs. GILLIBRAND, Ms. SMITH, Mr. WARNOCK, Mr. SANDERS, and Mr. BLUMENTHAL) introduced the fol- lowing bill; which was read twice and referred to the Committee on Agri- culture, Nutrition, and Forestry 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 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 VerDate Sep 11 2014 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 96 IS Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—DEPARTMENT OF AGRICULTURE CIVIL RIGHTS REFORMS Sec. 101. Definitions. Sec. 102. Independent Civil Rights Oversight Board. Sec. 103. Equity Commission. Sec. 104. Office of the Assistant Secretary for Civil Rights reforms. Sec. 105. Data collection and reporting. TITLE II—BLACK FARMER LAND GRANTS Sec. 201. Definitions. Sec. 202. Establishment of the Under Secretary of Agriculture for Equitable Land Access and the Equitable Land Access Service. Sec. 203. Provision of land grants. Sec. 204. Identification of land. Sec. 205. Restrictions on conveyed land. Sec. 206. Eligibility for assistance. Sec. 207. Completion of farmer training program and succession planning. Sec. 208. Grants for qualified entities. Sec. 209. Farm Conservation Corps. Sec. 210. Annual report to Congress. TITLE III—FUNDING FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES Sec. 301. Funding for historically Black colleges and universities. Sec. 302. USDA/1890 National Scholars Program. TITLE IV—LAND RETENTION AND CREDIT ASSISTANCE Sec. 401. Protections for land ownership. Sec. 402. Access to credit for socially disadvantaged farmers and ranchers. Sec. 403. Additional credit assistance. Sec. 404. Foreclosure moratorium. TITLE V—AGRICULTURAL SYSTEM REFORMS Subtitle A—Amendments to Packers and Stockyards Act, 1921 Sec. 501. Definitions. Sec. 502. Unlawful practices. Sec. 503. Spot market purchases of livestock by packers. Sec. 504. Investigation of live poultry dealers. Sec. 505. Award of attorney fees. Sec. 506. Technical amendments. Subtitle B—Local Agriculture Market Program Sec. 511. Local Agriculture Market Program. Subtitle C—Conservation and Renewable Energy Programs Sec. 521. Conservation technical assistance. Sec. 522. Conservation Stewardship Program. VerDate Sep 11 2014 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S96.IS S96 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 96 IS 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 (2) BOARD.—The term ‘‘Board’’ means the De- 22 partment of Agriculture Civil Rights Oversight 23 Board established by section 102(a). 24 VerDate Sep 11 2014 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 96 IS (3) COMMISSION.—The term ‘‘Commission’’ 1 means the Equity Commission established by section 2 103(a)(1). 3 (4) OFFICE.—The term ‘‘Office’’ means the Of- 4 fice of the Assistant Secretary. 5 SEC. 102. INDEPENDENT CIVIL RIGHTS OVERSIGHT BOARD. 6 (a) IN GENERAL.—There is established in the De- 7 partment of Agriculture an independent board, to be 8 known as the ‘‘Department of Agriculture Civil Rights 9 Oversight Board’’— 10 (1) to oversee the Office; and 11 (2) to protect the rights of individuals who seek 12 to file, or do file, a discrimination complaint with the 13 Office. 14 (b) DUTIES.—The Board shall— 15 (1)(A) conduct a de novo review with fact find- 16 ing power, including notice and opportunity for a 17 hearing, of any appeal of a decision made by the Of- 18 fice, including any appeal of a dismissal of a com- 19 plaint; and 20 (B) issue a written decision within 180 days of 21 receipt of an appeal or dismissal described in sub- 22 paragraph (A); 23 (2) investigate reports of discrimination within 24 the Department of Agriculture, make findings of 25 VerDate Sep 11 2014 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 96 IS 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 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 96 IS (C) submit each report prepared under sub- 1 paragraph (A) to the Attorney General. 2 (c) AUTHORIZATION OF APPROPRIATIONS.—There 3 are authorized to be appropriated for each of fiscal years 4 2023 through 2032 such sums as are necessary to carry 5 out this section. 6 SEC. 103. EQUITY COMMISSION. 7 (a) ESTABLISHMENT.— 8 (1) IN GENERAL.—There is established in the 9 Department of Agriculture the Equity Commission, 10 the purposes of which are— 11 (A) to study historical and continuing dis- 12 crimination by the Department of Agriculture 13 against Black farmers and ranchers that is fos- 14 tered or perpetuated by the laws, policies, or 15 practices of the Department of Agriculture; and 16 (B) to recommend actions to end the sys- 17 tematic disparities in treatment of Black farm- 18 ers and ranchers, particularly by the Depart- 19 ment of Agriculture. 20 (2) MEMBERSHIP.— 21 (A) COMPOSITION.—The Commission shall 22 be composed of 9 members, to be appointed by 23 the Secretary, of whom— 24 VerDate Sep 11 2014 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 96 IS (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 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 96 IS (i) shall not affect the powers of the 1 Commission; and 2 (ii) shall be filled in the same manner 3 as the original appointment. 4 (4) MEETINGS.— 5 (A) INITIAL MEETING.—Not later than 30 6 days after the date on which all members of the 7 Commission have been appointed, the Commis- 8 sion shall hold the first meeting of the Commis- 9 sion. 10 (B) FREQUENCY.—The Commission shall 11 meet at the call of the Chairperson. 12 (C) QUORUM.—A majority of the members 13 of the Commission shall constitute a quorum, 14 but a lesser number of members may hold hear- 15 ings. 16 (5) CHAIRPERSON AND VICE CHAIRPERSON.— 17 The Commission shall select a Chairperson and Vice 18 Chairperson from among the members of the Com- 19 mission. 20 (b) DUTIES OF THE COMMISSION.— 21 (1) STUDY.—The Commission shall study dis- 22 crimination against Black farmers and ranchers by 23 the Department of Agriculture, including by con- 24 ducting investigations of— 25 VerDate Sep 11 2014 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 96 IS (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 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 96 IS (C) addressing any mishandling of pay- 1 ments identified through studying the matters 2 under paragraph (1)(B). 3 (3) OUTREACH.—In studying the matters under 4 paragraph (1) and developing recommendations 5 under paragraph (2), the Commission shall— 6 (A) consult with the Socially Disadvan- 7 taged Farmers and Ranchers Policy Research 8 Center; and 9 (B) hold town hall meetings with socially 10 disadvantaged farmers and ranchers, research- 11 ers, and civil rights advocates. 12 (4) REPORT.—Not later than 2 years after the 13 date of enactment of this Act, the Commission shall 14 make publicly available a detailed report that de- 15 scribes— 16 (A) the findings of the study under para- 17 graph (1); and 18 (B) the recommendations developed under 19 paragraph (2). 20 (c) POWERS OF COMMISSION.— 21 (1) HEARINGS.—The Commission shall hold 22 open, televised, and public hearings, during which 23 the Commission may sit and act at such times and 24 places, take such testimony, and receive such evi- 25 VerDate Sep 11 2014 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 96 IS 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 02:22 Feb 02, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S96.IS S96 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 96 IS 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 (3) STAFF.— 11 (A) IN GENERAL.—The Chairperson of the 12 Commission may, without regard to the civil 13 service laws (including regulations), appoint 14 and terminate an executive director and such 15 other additional personnel as may be necessary 16 to enable the Commission to perform its duties, 17 except that the [Text truncated for display. Full text available on Congress.gov.]

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